News Analysis India

Tag: CrPC

  • Delhi Minister Atishi criticises crime branch’s “interesting” notice, says it is “neither an FIR nor summons”

    Delhi minister and Aam Aadmi Party (AAP) leader Atishi expressed skepticism regarding the nature of the notice served by the crime branch in connection with the poaching claim case on Sunday, highlighting that it lacked clarity.Atishi stated, “This morning around six officials from the Crime Branch came to my house, waited for 2-3 hours, and repeatedly went in and out. They had come to give a crime branch notice and wanted to hand it to me directly.””This notice is very interesting. It is neither an FIR nor summons. It does not have sections of IPC, CrPC, PMLA, or the Prevention of Corruption Act,” Atishi added.She mocked that the Delhi Police gave her and Chief Minister Arvind Kejriwal a “letter”.

    “Overall, after almost 48 hours of drama, CM Arvind Kejriwal and I were given letters, and that’s all,” she said.

    The minister further reiterated her ‘MLA poaching’ remark and claimed that Maharashtra CM Eknath Shinde and 11 other MLAs are the ‘same people’ who break away AAP MLAs.”The people who came to take break Eknath Shinde and 11 other MLAs are the same people who came to break away AAP MLAs,” Atishi said.”I want to tell the heads of the Crime Branch that you already know the people who have been trying to break the Opposition governments (in states) for the past 7-8 years. These are the same people contacting AAP MLAs,” Atishi asserted.

    Earlier in the day, a Crime Branch team arrived at the door of AAP leader Atishi to serve a notice in connection with her claim that the BJP was trying to prise away the party’s MLAs through cash inducements and topple the government as part of ‘Operation Lotus 2.0’.

    The Crime Branch served a notice on AAP leader and minister Atishi in the poaching claim case, asking her to respond within three days.

    Meanwhile, Delhi Police Crime Branch served a fresh notice on Chief Minister Arvind Kejriwal, asking him to respond to his charges of poaching attempts by the BJP with evidence by Monday.

    “An inquiry is being conducted by the Crime Branch of Delhi police, on a complaint received in respect of the allegations made by you that the BJP has offered Rs 25 crore each to the sitting MLAs of AAP for leaving the party and joining the BJP. These allegations were posted by you on X on January 27, 2024,” a letter undersigned by Pankaj Arora, ACP of Central Range Crime said.

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  • Over 70,000 killed due to Congress’ wrong policies on terrorism: Amit Shah

    Union Home Minister Amit Shah today claimed that over 70,000 people have been killed in India due to terrorism on account of Congress government’s wrong policies.

    Shah was speaking in Rajya Sabha.

    Replying to debate in Rajya Sabha on bills that seek to replace the Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) and Indian Evidence Act, Shah said the definition of terrorism has been included in the new bills.The House earlier took up discussion on the Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and the Bharatiya Sakshya (Second) Bill, 2023. The three bills were passed by Lok Sabha on Wednesday.

    Amit Shah said in his reply that for the first time, changes have been made in the three laws governing the nearly 150-year-old criminal justice system.

    He said that after the three new laws are implemented, India’s criminal justice system will take maximum advantage of technology.”If there will be maximum contribution of technology in any system, it will be in the Indian system…The aim of the three bills is not provide punishment but give justice,” he said.He said that in old laws, instead of crimes against women, priority was given to the protection of the Treasury and the British Crown.

    Shah said the government has removed the section of sedition and replaced sedition with treason.

    “The implementation of new criminal laws will ensure an end to ‘tareekh pe tareekh’ era and justice will be given in three years,” he said.

    The minister said the bills have been framed after extensive deliberations since 2019 and these were also sent to the standing committee.

    With ANI Inputs

  • Bar on sedition law to stay as A-G says something may happen in Parliament

    Express News Service

    NEW DELHI:  The Supreme Court’s interim order putting the colonial sedition law on hold will continue to operate as it granted the Centre more time on Monday to reconsider the law. Attorney General R Venkataramani, while seeking additional time, told a bench led by Chief Justice of India UU Lalit that the matter was engaging the attention of relevant authorities.

    “There is thinking on the matter and hopefully something might happen in the upcoming winter session of Parliament. There is no reason to worry now with the interim order in place,” Venkataramani submitted. He also drew the court’s attention to the government considering introducing new draft bills for Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) in Parliament soon.

    Recently, Union home minister Amit Shah had disclosed plans to amend the IPC and CrPC and present them before Parliament. He had said the revamped laws would factor in several suggestions to make them more relevant. The bench then directed the listing of petitions challenging the sedition law in the second week of January.

    On May 11, a bench headed by the then Chief Justice of India N V Ramana had suspended criminal trials and court proceedings under IPC Section 124A (sedition) while allowing the Union of India to reconsider the law. The bench said that it “hope and expects” that the state and Central governments would restrain from registering any FIR, continuing any investigation or taking any coercive measures by invoking Section 124A of IPC while the reconsideration of the colonial provision was on.

    Chilling effect on free speech: PetitionersThe petitioners, including the Editors Guild of India, Major General (Retd) Vombatkere, PUCL and Arun Shourie had said the sedition law had a chilling effect on free speech

    NEW DELHI:  The Supreme Court’s interim order putting the colonial sedition law on hold will continue to operate as it granted the Centre more time on Monday to reconsider the law. Attorney General R Venkataramani, while seeking additional time, told a bench led by Chief Justice of India UU Lalit that the matter was engaging the attention of relevant authorities.

    “There is thinking on the matter and hopefully something might happen in the upcoming winter session of Parliament. There is no reason to worry now with the interim order in place,” Venkataramani submitted. He also drew the court’s attention to the government considering introducing new draft bills for Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) in Parliament soon.

    Recently, Union home minister Amit Shah had disclosed plans to amend the IPC and CrPC and present them before Parliament. He had said the revamped laws would factor in several suggestions to make them more relevant. The bench then directed the listing of petitions challenging the sedition law in the second week of January.

    On May 11, a bench headed by the then Chief Justice of India N V Ramana had suspended criminal trials and court proceedings under IPC Section 124A (sedition) while allowing the Union of India to reconsider the law. The bench said that it “hope and expects” that the state and Central governments would restrain from registering any FIR, continuing any investigation or taking any coercive measures by invoking Section 124A of IPC while the reconsideration of the colonial provision was on.

    Chilling effect on free speech: Petitioners
    The petitioners, including the Editors Guild of India, Major General (Retd) Vombatkere, PUCL and Arun Shourie had said the sedition law had a chilling effect on free speech

  • NIA footprint in all states by 2024

    By Express News Service

    FARIDABAD:  In what could have far-reaching consequences, the National Investigation Agency (NIA) will open branches across all states by 2024 besides getting “extra-territorial rights”, Union Home Minister Amit Shah said here on Thursday.

    Inaugurating a twoday Chintan Shivir of home ministers on internal security, Shah said his ministry was in the process of amending the Criminal Procedure Code (CrPC) and the Indian Penal Code (IPC). The drafts will soon be placed in Parliament.

    Although Shah did not elaborate on the extra-territorial rights to the NIA, ministry sources said it will give the agency the power to investigate all types of cases across many domain areas within India. While the NIA, which was formed in 2008, at present has four hubs in as many metropolitan cities, the move to establish branches in all states will likely be opposed by non-BJPruled state governments.

    The expansion in the NIA’s powers, Shah said, also involves granting it the authority to confiscate a terrorist’s property. The last time it was granted enhanced powers was in 2019 when the NIA Act gave it the power to investigate the schedule of fences committed outside India, though subject to international treaties and domestic laws of other countries.

    Under the Act, the Centre could direct the organisation to investigate such cases as if the offence has been committed in India. Besides, NIA officers have “all the powers, duties, privileges and liabilities which police officers have in connection with an investigation of offences”. Shah said his ministry intends to set targets for divisions handling cybercrime, drugs, internal security and border management for 2047.

    Nixing FCRA Claiming theFCRA licence of some NGOs was nixed since they were involved in religious conversions, Shah said they were “raising funds from foreign sources with impunity”

    FARIDABAD:  In what could have far-reaching consequences, the National Investigation Agency (NIA) will open branches across all states by 2024 besides getting “extra-territorial rights”, Union Home Minister Amit Shah said here on Thursday.

    Inaugurating a twoday Chintan Shivir of home ministers on internal security, Shah said his ministry was in the process of amending the Criminal Procedure Code (CrPC) and the Indian Penal Code (IPC). The drafts will soon be placed in Parliament.

    Although Shah did not elaborate on the extra-territorial rights to the NIA, ministry sources said it will give the agency the power to investigate all types of cases across many domain areas within India. While the NIA, which was formed in 2008, at present has four hubs in as many metropolitan cities, the move to establish branches in all states will likely be opposed by non-BJPruled state governments.

    The expansion in the NIA’s powers, Shah said, also involves granting it the authority to confiscate a terrorist’s property. The last time it was granted enhanced powers was in 2019 when the NIA Act gave it the power to investigate the schedule of fences committed outside India, though subject to international treaties and domestic laws of other countries.

    Under the Act, the Centre could direct the organisation to investigate such cases as if the offence has been committed in India. Besides, NIA officers have “all the powers, duties, privileges and liabilities which police officers have in connection with an investigation of offences”. Shah said his ministry intends to set targets for divisions handling cybercrime, drugs, internal security and border management for 2047.

    Nixing FCRA Claiming the
    FCRA licence of some NGOs was nixed since they were involved in religious conversions, Shah said they were “raising funds from foreign sources with impunity”

  • UP govt withdrew 77 cases related to 2013 Muzaffarnagar riots without giving any reason: SC told

    The amicus curiae has earlier pointed out that States like Uttar Pradesh, Uttarakhand, Maharashtra and Karnataka have sought to withdraw criminal cases against politicians.