News Analysis India

Tag: IPC

  • 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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  • 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”

  • Lalu Yadav vindicated, imposed fined of Rs 600 in a Model Code of Conduct violation Case

    By Express News Service

    RANCHI: In a major development, RJD a special MP/MLA Court vindicated RJD Chief Lalu Yadav in a case related to violation of the Model Code of Conduct dated back in 2009 at Jharkhand’s Palamu. He, however, was imposed a fine of Rs 6000 by the court.

    A case under IPC sections 188, 279, 290, 291 and 34, and section 127 of the Representation of People’s Act was registered against the RJD chief in Garhwa after his chopper diverted and landed in a paddy field allegedly owing to a mistake of the pilot instead of the scheduled helipad in Medininagar (Palamu) during the 2009 Assembly Polls in Jharkhand. The case was later transferred to Ranchi and then to Medininagar.

    “The case, related to the violation of model code of conduct against Lalu Yadav, has been disposed of after imposing a fine of Rs 6000 on him,” said Yadav’s advocate Virendra Kumar Singh. He has been freed from all charges now, he added. 

    Notably, Yadav had reached Palamu on Monday, two days ahead of the date of hearing in the court and was staying in the government circuit house during which he met his party workers and leaders.

  • PIL is Supreme Court seeks ‘comprehensive’, ‘stringent’ law to replace colonial-era IPC 

    By PTI
    NEW DELHI: A PIL has been filed in the Supreme Court seeking a direction to the Centre to set a judicial panel or a body of experts to draft a “comprehensive” and “stringent” penal code for ensuring rule of law and equality and after examining existing statutes, including Indian Penal Code of 1860, relating to crime and corruption.

    The plea, filed by lawyer and BJP leader Ashwini Upadhyay, alternatively urged the top court that it being “custodian of the Constitution and protector of fundamental rights” may direct the Law Commission India to examine “domestic and internal laws relating to corruption and crime and draft a stringent comprehensive Indian Penal Code within six months”.

    “Direct the Centre to constitute a judicial commission or an expert committee to examine all domestic-internal laws relating to corruption-crime and draft a comprehensive stringent ‘one nation one penal code’ in order to secure rule of law, equality before law and equal protection of laws,” the PIL, filed through advocate Ashwani Dubey, said.

    It further sought a direction to the Centre to ascertain the feasibility of implementing a stringent and comprehensive Indian Penal Code (One Nation One Penal Code) instead of existing outdated laws relating to corruption and crime.

    The petition, which may come up for hearing next week, said that the injury to the public due to the 161 years old colonial IPC was extremely large.

    It said, “rule of law and right to life, liberty and dignity can’t be secured without implementing a stringent and comprehensive ‘One Nation One Penal Code’ having specific chapters on bribery, money laundering, black money, profiteering, adulteration, hoarding, black marketing, drug smuggling, gold smuggling and human trafficking.”

    “If this IPC had been even a little effective, then many Britishers would have been punished, not the freedom fighters. In fact, the main reason behind creating the IPC 1860 and Police Act 1861 was to prevent another revolt like that of 1857,” it said.

    It added that laws related to witch-hunting, honour killing, mob lynching, Goonda Act, etc.are not included in the IPC though these are pan-India offences and the sentence is different for the same offence in various states.

    “Therefore, to standardise the punishment and make them uniform, a new IPC is essential.

    India needs a comprehensive Penal Code that provides equal protection to all the citizens against all the offences and secures right to life, liberty, dignity and rule of law,” it said.

  • Raipur Police release annual report for 2020

    The Raipur Police on Thursday released its annual report for the year 2020 claiming achievements amidst the opposition making hue and cry over deteriorating Law and Order situation claiming to be good only on paper. While addressing the mediapersons, the Raipur SSP Ajay Kumar Yadav claimed that due to the promptness and professional work execution of the Raipur Police, the crime rate in the capital has seen a dip. The Raipur police claimed that substantial dip has been registered in cases of culpable homicide, loot, thefts, cheating, arson, sexual harassment, etc. Similarly, there has been dip in cases of murder, rape and crime against women (Cases under Section 354 IPC) and burglary.

    According to the figures made available by the Raipur Police for 2019 and 2020, there has been a dip in murder cases by 1.25%; by 50% in cases of culpable homicide; by 14% in cases of rape; by 36% in cases of loot; by 17% in cases of burglary; by 27% in cases of thefts; by 29% in cases of cheating; by 41% in cases of arson; by 16% in cases of crime against women (Section 354 IPC) and by 30% in cases of sexual harassment. The Raipur Police in its list of achievements claimed that almost all accused indulged in murder cases have been apprehended. All dacoity cases have been solved with 74% recovery of goods. In cases of loot in 2020, in 49 cases out of total 55 cases, accused have been arrested and 75% goods recovered. Whereas, in 2019, 64% goods were recovered and accused were arrested in 72 out of 86 cases. In cases of burglary in 2020, accused have been arrested in all major cases and goods recovered.

    The recovery was 42% in 2019, in comparison to 55% in 2020. In cases of theft during 2020 all major cases solved, culprits arrested and goods recovered. In 2019, the recovery was 35% while in 2020 it was 52%. In cases of Crime against women, efforts were made towards fast arresting of accused and with an intention of fast justice challans were put up in designated courts within 15 days. In 17 cases of rape, accused were arrested from different parts of the country (cases include 2016 to 2020). Altogether 241 crimes committed through sharp weapons were registered in 2020 in comparison to 310 in 2019. In comparison to year 2019, action has been taken on 100% cases of illicit liquor trade in 2020 and 10,203 litres of illicit liquor were seized in comparison to 5467 liters in 2019. In 2020, a campaign was launched against drug trafficking and good success was achieved.

    Apart from solving other petty crimes successfully, the Capital police performed exemplarily in the enforcement of lockdown followed by unlock keeping strict vigil on offenders. It also distributed food among needy and arranged transportation. While fighting with COVID-19 pandemic, more than 352 officers/staff were infected and three police officials died. Among the major crimes which gained much spotlight and were solved by Raipur police, including cracking of industrialist Praveen Somani abduction case with safe recovery of the victim and arrest of main accused. Cracking Pankaj Bothra murder case and four other cases of loot/murder of jewellers; solving the case of Rs 50 lakh loot on gunpoint from timber merchant; solving theft of Rs 28 lakh from liquor shop in Mana; cracking Rs 10 crore fraud case and fake loan gang; solving inter-state truck loot case; fraud worth crores in the name of Mudra loan, etc; solving Rs 10 crore fraud through Max Life Insurance; cracking international network of drug supply; ATM break-in cases; as well as many other major burglary and loot cases.