Three New Criminal Laws: Police will now be able to keep you in custody for 3 months, it is important for you to know this #crime JAI HIND TIMES Explainer में तीनों नए क्रिमिनल कानूनों के 8 ऐसे ही ग्रे एरिया जानेंगे, जिन पर सवाल खड़े हो रहे हैं…
1 जुलाई 2024 से लागू तीन नए क्रिमिनल कानूनों के कई प्रावधानों में ऐसे ग्रे एरिया हैं, जिन पर सवाल खड़े हो रहे हैं। मसलन- पुलिस हिरासत की समय-सीमा बढ़ाकर 90 दिन करने से जमानत का अधिकार प्रभावित हो सकता है, एडल्ट्री का प्रावधान पीछे के रास्ते से जारी रखा गया है और दोषी पुरुष को ही माना जाएगा, जबरन अप्राकृतिक संबंधों के लिए कोई प्रावधान नहीं किया गया है।
00:00Police remand has been extended for more than 15 days, 90 days, after which the Indian government was not sending him to jail.
00:07This means that the Supreme Court's decision has not been accepted, nor has the recommendation of the Constitutional Committee been accepted.
00:12Even if it is accepted, this man will be considered a criminal.
00:15This IPC is known to the public on a large scale.
00:18If he is a criminal, then to stop him from committing a crime, if he commits a suicide threat, then he will be considered a criminal.
00:27Since July 1, 2024, there are three new criminal laws.
00:31There are such grey areas in which questions are being raised.
00:34The police remand has been extended for more than 15 days, 90 days, after which the Indian government was not sending him to jail.
00:41This means that the Supreme Court's decision has not been accepted, nor has the recommendation of the Constitutional Committee been accepted.
00:46This means that the Supreme Court's decision has not been accepted, nor has the recommendation of the Constitutional Committee been accepted.
00:51All three new criminal laws have eight such grey areas on which questions are being raised.
00:56The police remand has been extended for more than 15 days, 90 days, after which the Indian Civil Security Security, i.e. BNSS, has been extended for more than 15 days, 90 days.
01:08Now, the remand for 90 days can be taken together or in pieces.
01:12This means that the accused can be kept in police custody for three months.
01:17If the bail is obtained before the completion of 15 days, then the police can apply for remand a day earlier and the bail will be cancelled.
01:25Prior to this, under Section 162 of the CRPC, the accused could be kept in remand for a maximum of 15 days.
01:32After that, he was not allowed to be sent to justice, i.e. jail.
01:35The purpose of this was to motivate the police to investigate on time in the right way.
01:40At the same time, it was necessary to reduce the risk of torture and forced acceptance in remand.
01:44The right to bail is like the right of an officer.
01:47The police will be able to praise the people more.
01:49If someone stays on remand for 90 days, the lawyer's expenses will also increase.
01:52In 2018, in the Joseph Sain Vertej Union of India case, the Supreme Court declared Article 497 of the IPC as immoral.
02:01The Supreme Court said that this law violates the rights of women's dignity, which it obtained from Article 21 of the Constitution.
02:09Under Article 497 of the IPC, the Supreme Court recommended that the adultery law be made gender-neutral.
02:15Section 84 of the BNS says that it is still a crime to threaten and force a married woman to have an affair with her.
02:25This was a part of the adultery in the IPC.
02:27The adultery law will continue from the back.
02:30The adultery law was abolished in the BNS, but all its sections were included in separate sections.
02:36This means that the decision of the Supreme Court was not accepted, nor was the recommendation of the Constitutional Committee.
02:41The problem is that if a woman has an affair with someone of her own free will, the man will be considered a criminal.
02:48This was also in the IPC, and the new law was also continued from the back.
02:53Through this law, the rights of women's dignity are still being violated.
02:57The third is that there is no law of rape against men and transgenders.
03:01In the BNS, Section 377 of the IPC has been completely abolished.
03:07Now, there is no law for a man to rape or transgender rape victims.
03:12The Constitutional Committee suggested that if a man has an affair with another man without consent,
03:20or if a husband forcibly has an affair with his wife, then Section 377 can be applied.
03:26However, there is no provision for this in the BNS.
03:29This means that the victims of sexual assault will not have any solution.
03:33In Section 377 of the BNS, it is stipulated that every police station and district will have a nominated police officer.
03:39This officer will be responsible for arresting the offender,
03:42the name and address of the offender will be placed against him, and the information of the offender will be kept.
03:46This will also ensure that information is displayed in every police station and district headquarters in a digital manner.
03:53This is a serious violation of the rights of the innocent until the right of the main accused person is proven.
04:00When the personal details of an accused person are displayed in a digital mode,
04:04then we can assume that the accused person is involved in the crime.
04:08When the information of the accused person is public, the life of the accused person can be at risk on a large scale.
04:14According to Section 226 of the Indian Criminal Code,
04:17it is a crime to attempt suicide to stop a public servant from his official duty.
04:22If a government official or official wants to commit a crime,
04:25then it will be considered a crime to attempt suicide to stop him from committing the crime.
04:32This can include a year's imprisonment and a fine of both.
04:35If a person commits a crime against the government's decision,
04:38then it will be considered an attempt to commit suicide.
04:40He can be arrested under this law and the right to oppose it can also be taken away.
04:46For the first time, community services have been mentioned as a punishment.
04:50BNS and BNSS have been mentioned as a new punishment for community services.
04:55Section 4 of the BNS has said that community services can be established between punishments such as life imprisonment,
05:01severe imprisonment, and ordinary imprisonment.
05:04Section 23 of the BNSS has also said about community services.
05:08Community services will mean the work that the court can order the accused person to do as a punishment.
05:14This will benefit the society.
05:16The same law does not specify what community services will be.
05:20The Standing Committee of the Parliament has specifically recommended that
05:23community services should be defined in a specific way
05:26so that it can be used to implement the law in the future.
05:31In 2013, the Supreme Court in Uttar Pradesh decided that
05:36an FIR should be filed if the crime is found.
05:39But only a few cases were released before the FIR.
05:44Section 173 of the BNSS has said that
05:49an FIR should be filed if a person is found guilty of a crime of 3 to 7 years.
05:55This will be a problem for the common man.
05:57In such cases, the police officer can delay filing an FIR by giving an excuse to file an FIR.
06:02In addition, the Supreme Court has clearly stated that
06:05an FIR should be filed if a person is found guilty of a crime of 3 to 7 years.
06:09This can only be done in the form of a preliminary investigation.
06:12This means that this section of the BNSS is against the Supreme Court's decision.
06:18Section 355 of the BNSS states that
06:20an accused person can be charged with a crime of 3 to 7 years.
06:26If this is the case, then how can it be said that
06:28there has been a clear hearing in this case?
06:32There are many questions arising in the 8th area.
06:35For example, the names of several streams are in Hindi.
06:37This can be a problem for non-Hindi speakers.
06:40There is a complaint against Karnataka, Tamil Nadu, West Bengal.
06:43All three governments have objected to this.
06:46Why are the names of all three laws in Hindi?
06:49These three new criminal laws are being opposed in many places.
06:53We will see how the government and the administration take this.
