New Criminal Laws PDF

CURRENT AFFAIRS PROGRAMME: TARGET 2023-2024 01th - July - 2024 New Criminal Laws Context Three new criminal laws are imp...

CURRENT AFFAIRS PROGRAMME: TARGET 2023-2024 01th - July - 2024 New Criminal Laws Context Three new criminal laws are implemented in the country. More In News States are free to amend certain provisions of the Bharatiya Nagrik Suraksha Sanhita (BNSS). The Bharatiya Nagrik Suraksha Sanhita replaces the Code of Criminal Procedure (Cr.PC). The new laws also replace the Indian Penal Code (IPC) and the Indian Evidence Act, 1872. The Bharatiya Sakshya (BS), replacing the Indian Evidence Act of 1872, is the third law to be enforced. Key Changes in Bharatiya Nyaya Sanhita (BNS) New Crimes Introduced: ○ Clause 69: Penalises deceitful means to have sexual intercourse, including false promises of marriage, with up to 10 years imprisonment and a fine. Critics argue this might criminalise consensual relationships and support the "love jihad" narrative. ○ Clause 103: Recognizes murder based on race, caste, or community as a separate offense, addressing lynching as directed by the Supreme Court in 2018. ○ Clause 111(1): Includes organised crime and terrorism within the BNS scope, previously covered by specific laws like UAPA and MCOCA. However, terms like “cyber-crimes having severe consequences” need clarification. ○ Clause 304(1): Defines snatching as a separate crime from theft, with similar punishments (up to three years in jail). Changes in Bharatiya Nagrik Suraksha Sanhita (BNSS) Detention in Police Custody: Increases the detention period in police custody from 15 days to up to 90 days, potentially leading to increased custodial torture and forced confessions. Victim-Centric Approach: Emphasises tighter timelines for trial completion and mandates victim hearings before case withdrawal for offences punishable by seven years or more. Trials in Absentia: Allows trials and convictions in the absence of the accused for all offences, not just under UAPA, raising concerns about the state's duty to locate the accused. Statutory Bail: Removes the provision for statutory bail if an accused has multiple charges, potentially leading to prolonged detentions. Community Service: Introduces community service as an alternative punishment for minor offences, but lacks clear definitions. For More Study Material, Visit: studyiq.com Page no. 1  CURRENT AFFAIRS PROGRAMME: TARGET 2023-2024 01th - July - 2024 Key Positive Changes Sexual Crimes: ○ Marital Rape: Recognises intercourse with a minor wife as rape, addressing inconsistencies with the POCSO Act. ○ Mob-Lynching: Legally acknowledges mob-lynching as an offense. Modernization and Efficiency: Emphasises video-conferencing for trials and prescribes timelines for speedy trials. Data and Statistics: India’s prisons had an occupancy rate of 130%, with undertrials constituting 77% of the prison population. About 30% of undertrials were detained for over a year, and 8% for over three years (2021 Data). Extension to Immovable Property: BNSS extends seizure provisions to immovable property without a time limit, differing from PMLA, which includes safeguards like provisional attachment for 180 days and a notice period of 30 days. Data Collection for Criminal Identification: Aligns with the Criminal Procedure (Identification) Act of 2022, allowing for extensive data collection, currently under review by the Delhi High Court. Public Order Functions: Retains procedures for investigation and trial but raises questions about the inclusion of trial procedures and public order maintenance under the same law. Use of Electronic Modes: Emphasises electronic recording of statements, requiring signatures, but may not fully address the purpose of electronic recording. Clarity on Bail: Defines bail but lacks specific guidelines for granting bail in non-bailable offences, leading to potential arbitrariness. The bill does not define transit bail, despite clarifying remand issues. Remaining Concerns Consultation and Passage: The drafting and rapid passage of these laws during the pandemic have raised concerns among legal experts who argue that significant changes do not equate to a complete overhaul. Sedition Law: Despite claims of abolishing sedition, the BNS redefines it with a broader scope, renaming it from "rajdroh" to "deshdroh". Male Rape Victims: ○ Exclusion of Section 377: Leaves out provisions for male rape victims, who previously relied on Section 377 for legal recourse. The BNS's gender-specific rape laws do not cover male victims, creating a gap in legal protection. Source: The Hindu For More Study Material, Visit: studyiq.com Page no. 2  CURRENT AFFAIRS PROGRAMME: TARGET 2023-2024 01th - July - 2024 India’s Flora and Fauna Context Data released by Union Environment Minister Bhupendra Yadav showed the new species of plant and animal species discovered in India in 2023. About the Discovery In 2023, total species added: ○ 641 species were added to Indian fauna: 442 entirely new to science. 199 newly recorded in the country. ○ 339 taxa were added to the plant database: 171 taxa new to science. 168 new to distributional records from India. Top States for New Species Discoveries: ○ Kerala: Topped the list with 101 additions (74 completely new species, 27 new records). ○ West Bengal: 72 new species. ○ Tamil Nadu: 64 new species. Top States for New Plant Discoveries: West Bengal has the highest number with 52 new taxa followed by Kerala and Uttarakhand. Fauna Discoveries Breakdown: ○ Invertebrates: 564 new species discovered in 2023. ○ Vertebrates: 77 new species, with the majority being fish species. Notable Discoveries: ○ Curcuma kakchingense, a new species of turmeric found in Kakching, Manipur ○ Asystasia venui, a flowering plant discovered in the Acharya Jagdish Chandra Bose Indian Botanic Garden, Howrah, West Bengal. ○ Capra himalayensis: Confirms that the Himalayan Ibex in Jammu and Kashmir, Ladakh, and Himachal Pradesh is distinct from the Siberian Ibex. ○ Miniopterus srinii: A new species of bent-winged bat found in Kodagu district, Karnataka. Source: The Hindu For More Study Material, Visit: studyiq.com Page no. 3  CURRENT AFFAIRS PROGRAMME: TARGET 2023-2024 01th - July - 2024 Climate Right Context The Supreme Court of India's judgement in M.K. Ranjitsinh and Ors. vs Union of India & Ors. has established the right to be free from the adverse effects of climate change, rooted in the constitutionally guaranteed right to life (Article 21) and right to equality (Article 14). Background The case involved the construction of electricity transmission lines through the habitat of the critically endangered Great Indian Bustard. The Court modified a previous order to prioritise renewable energy infrastructure, reflecting a balance between environmental protection and climate action. Implications of the Judgment Potential for Climate Litigation: The new 'climate right' allows citizens to demand governmental protection from climate impacts, possibly leading to increased climate-related litigation. Unresolved Questions: The judgement raises questions about the prioritisation of clean energy over local environmental resilience and climate adaptation measures. Pathways for Climate Governance Judicial vs. Legislative Approaches Court-Based Action: Judicial decisions around the new climate right could lead to a fragmented approach, contingent on subsequent policy actions and lacking an overarching framework. Legislative Approach: Enacting comprehensive climate legislation is suggested as a preferred method to systematically govern climate actions, drawing from international experiences but tailored to India’s specific context. Considerations for Indian Climate Legislation Transition to Low-Carbon Future Energy Transition: India must transition to a low-carbon energy future, as highlighted in the judgement. However, this alone is insufficient to enforce the right against climate change's adverse effects. Regulatory Environment: Legislation should support sustainable urban development, climate- resilient agriculture, and the protection of critical ecosystems like mangroves. Comprehensive Climate Legislation Framework Legislation: An overarching law could set the vision for climate engagement, create necessary institutions, and establish structured governance processes. Enabling Legislation: Unlike regulatory laws focused narrowly on emissions, enabling laws should stimulate development-oriented decisions across various sectors (urban, agriculture, water, energy), emphasising both adaptation and mitigation. Procedural and Federal Considerations Procedural Orientation: The law should create institutions, processes, and standards for mainstreaming climate considerations across ministries and society, including knowledge- sharing, transparency, public participation, and expert consultation. Federalism and Decentralization: Effective climate action requires coherent national frameworks while empowering states and local governments with information and finance. ○ Concurrent Subject: Climate-related areas like urban policy, agriculture, and electricity (a concurrent subject) need coordinated yet decentralised governance. For More Study Material, Visit: studyiq.com Page no. 4  CURRENT AFFAIRS PROGRAMME: TARGET 2023-2024 01th - July - 2024 Beyond Government: The law should enable participation from business, civil society, and communities, particularly those most affected by climate impacts, to leverage their knowledge in decision-making processes. Conclusion The proposed climate law should enable low-carbon growth and climate resilience, emphasising procedural mechanisms, federal cooperation, and inclusive participation to fulfill the promise of the Ranjitsinh judgement and address the broader challenges of climate change in India. Source: The Hindu For More Study Material, Visit: studyiq.com Page no. 5  CURRENT AFFAIRS PROGRAMME: TARGET 2023-2024 01th - July - 2024 Education in 7th Schedule Context The government cancelled the UGC-NET exam post-conduct, and postponed the CSIR-NET and NEET- PG exams. Historical Background British Rule: The Government of India Act, 1935 created a federal structure, placing education under the provincial list. Post-Independence: Education remained a State list subject under the distribution of powers. Emergency Era: The Congress party's Swaran Singh Committee recommended moving education to the concurrent list, implemented through the 42nd constitutional amendment (1976). Janata Party's Attempt: The 44th constitutional amendment (1978) by the Janata Party government sought to revert education to the State list, but was only passed in the Lok Sabha. International Practices United States: State and local governments set educational standards, mandate tests, and supervise institutions. The federal department focuses on financial aid policies and equal access. Canada: Education is managed entirely by provinces. Germany: Legislative powers for education are vested with landers (States). South Africa: Education is governed by two national departments, with provincial departments implementing policies and handling local issues. Arguments for and Against Centralization of Education In Favour of Concurrent List Uniform Education Policy: Ensures consistent educational standards across the country. Improvement in Standards: Central oversight could potentially enhance educational quality. Synergy Between Centre and States: Facilitates collaboration and unified policy implementation. Against Concurrent List Diversity and Local Needs: A uniform policy may not suit the diverse needs of different regions. Financial Responsibility: States bear the majority of education expenditure. ○ Expenditure Data: Out of ₹6.25 lakh crore spent by education departments (2020-21), 85% is by States and 15% by the Centre. Including other departments, the split is 76% by States and 24% by the Centre. Centralization Issues: Recent NEET and NTA issues indicate that centralization does not eliminate problems like corruption and lack of professionalism. Proposed Way Forward Move Education Back to State List: ○ Tailor-Made Policies: States can develop customised policies for syllabus, testing, and admissions, especially for professional courses like medicine and engineering. ○ Central Regulatory Mechanisms: Institutions like the National Medical Commission, University Grants Commission, and All India Council for Technical Education should continue to regulate higher education standards. Source: The Hindu For More Study Material, Visit: studyiq.com Page no. 6  CURRENT AFFAIRS PROGRAMME: TARGET 2023-2024 01th - July - 2024 Indigenous Submarines Context The Defence Research and Development Organisation (DRDO) has started a preliminary study on designing and developing an indigenous conventional submarine under Project-76. More in News Continuation of ATV Project: ○ This project is a continuation of the Advanced Technology Vessel (ATV) project. ○ The ATV project includes building conventional submarines and the Arihant series of nuclear ballistic missile submarines (SSBN). ○ Another project for building nuclear-powered submarines (SSN) is also ongoing. Indigenous Content: ○ Project-76 will feature substantial indigenous content, including weapons, missiles, combat management systems, sonars, communications, electronic warfare suites, mast, and periscope. Navy's Submarine Programme: ○ The Indian Navy has a 30-year submarine building programme. ○ Following the P-75(I) project, the Navy plans to design and build conventional submarines indigenously. Air Independent Propulsion (AIP) Module: ○ The AIP module, designed and developed by DRDO, is awaiting fitment on the Scorpene- class submarines. ○ The first Scorpene-class submarine, Kalvari, is expected to undergo refit in 2025, which will take two to three years. Benefits of AIP Module: ○ The AIP module increases the endurance of conventional submarines, allowing them to remain submerged for longer durations. ○ This enhances their endurance and reduces the chances of detection. About Project-76 The Defence Research and Development Organisation (DRDO) is leading Project-76, an ambitious initiative to design and develop a new generation of indigenous conventional submarines for the Indian Navy. The project involves collaboration between DRDO and the Warship Design Bureau (WDB) of the Indian Navy. By late 2025, DRDO and WDB are expected to finalise the design of these 3000-4000-ton submarines. Project approval is anticipated sometime in 2028-29, paving the way for construction. The Indian Navy envisions a fleet of six submarines built under Project-76, with a remarkable 70- 80% indigenous content. This focus on domestic production aims to boost India’s defence manufacturing sector and reduce dependence on foreign suppliers. France has offered its pump-jet propulsion for the program to enhance efficiency across most aspects of submarine performance. Project-76 represents a natural progression towards greater self-sufficiency in submarine acquisition for the Indian Navy. Classes of Submarines in India Shishumar Class Origin: Commissioned under technology transfer from Germany. Submarines: For More Study Material, Visit: studyiq.com Page no. 7  CURRENT AFFAIRS PROGRAMME: TARGET 2023-2024 01th - July - 2024 ○ INS Shishumar ○ INS Shankush ○ INS Shalki ○ INS Shankul Capabilities: Advanced sensory capabilities optimised for anti-sub and anti-ship warfare in the Arabian Sea. Sindhughosh Class Origin: Russian-origin Kilo-class submarines. Submarines: ○ Active: INS Sindhughosh INS Sindhudhvaj INS Sindhuraj INS Sindhuvir INS Sindhuratna INS Sindhukesari ○ Decommissioned: 3 submarines (names not specified) Capabilities: Equipped with satellite sensors, radar, sonar, electronic surveillance, and anti-ship and anti-submarine weaponry. Kalvari Class Origin: Indigenously built under technology transfer from France’s Scorpene class, built at Mazagon Dock. Submarines: ○ INS Kalvari ○ INS Khanderi ○ INS Karanj ○ INS Vela ○ INS Vagir ○ Upcoming: INS Vagsheer (to be delivered in 2024) Projects: ○ Project 75: Includes the six submarines listed above. ○ Project 75 (I): Air Independent Propulsion to be fitted (submarines under development). Nuclear-Powered Attack Submarines (SSN) Current Status: No active SSNs. Decommissioned: INS Chakra II (Akula class, leased from Russia). Future Plans: ○ INS Chakra III (Akula class, planned induction in 2025). ○ Indigenous Project 75 Alpha SSNs. Nuclear Ballistic Missile Submarines (SSBN) Current SSBN: ○ INS Arihant Launch: 2009 Commission: 2016 Features: Double-hull with advanced sensors, periscopes, weapon systems, including SLBMs. Missiles: 12 K-15 (Sagarika) missiles with a 750 km range or 4 K-4 missiles with a 3500 km range. For More Study Material, Visit: studyiq.com Page no. 8  CURRENT AFFAIRS PROGRAMME: TARGET 2023-2024 01th - July - 2024 ○ Under Construction: INS Arighat (S3, upgraded version of INS Arihant). ○ Planning Phase: S4 and S5 SSBNs. For More Study Material, Visit: studyiq.com Page no. 9  CURRENT AFFAIRS PROGRAMME: TARGET 2023-2024 01th - July - 2024 Foreign Portfolio Investments (FPIs) Context Foreign Portfolio Investors (FPIs) invested ₹26,565 crore in Indian equities in June. More In News Prior to June, there were two months of net outflow: ₹25,586 crore outflow in May due to poll jitters. Over ₹8,700 crore outflow in April due to concerns over India's tax treaty with Mauritius and rising US bond yields. What are Foreign Portfolio investment? Foreign portfolio investment (FPI): It involves holding securities and other financial assets by foreign investors without direct control over the assets. It is generally more liquid and influenced by market volatility. Types of FPIs: Includes various forms like stocks, bonds, mutual funds, exchange-traded funds, American Depositary Receipts (ADRs), and Global Depositary Receipts (GDRs). Economic Impact: FPI is a component of a country's capital account and appears on its Balance of Payments (BOP), which tracks monetary exchanges between countries over a fiscal year. Regulation: In India, the Securities and Exchange Board of India (SEBI) updated its FPI Regulations in 2019, replacing the older 2014 regulations. Characteristics: Often referred as "hot money," FPI is known for its liquidity and volatility, making it riskier and prone to rapid withdrawal from markets at the first hint of economic distress. Investments made by Non-Resident Indians (NRIs) are not classified as FPI. Benefits of Foreign Portfolio Investments Access to International Credit: FPI enables investors to tap into additional credit opportunities abroad, allowing for increased leverage and potentially higher returns on equity. Enhancing Liquidity of Domestic Capital Markets: The infusion of FPI increases market liquidity, making the markets deeper and wider, which facilitates financing for a broader range of investments and assures investors of the ability to manage their portfolios or liquidate positions as needed. Promotion of Equity Market Development: FPI fosters competition for financial resources, enhancing corporate performance, prospects, and governance. Increased market liquidity and functionality lead to more value-relevant equity prices, driving overall market efficiency. Disadvantages Volatility and Short-Termism: FPIs are highly liquid and can be quickly moved in and out of markets, which often leads to increased volatility. ○ Investors may pull out their investments at the first sign of trouble or better opportunities elsewhere, leading to sudden financial outflows that can destabilise markets. Market Manipulation Risks: Large flows of FPIs can lead to significant price movements in the domestic markets, which might not necessarily reflect the underlying economic fundamentals. This can result in asset bubbles or exacerbate market crashes. Limited Contribution to Real Economy: Unlike Foreign Direct Investment (FDI), FPI does not contribute directly to the real economy in terms of job creation, infrastructure development, or technological advancements since it mostly goes into purchasing existing securities. For More Study Material, Visit: studyiq.com Page no. 10  CURRENT AFFAIRS PROGRAMME: TARGET 2023-2024 01th - July - 2024 Currency Risks: Large inflows and outflows of FPI can lead to significant currency fluctuations. ○ While inflows can lead to currency appreciation, making exports less competitive, outflows can result in depreciation, leading to inflationary pressures. Source: The Indian Express For More Study Material, Visit: studyiq.com Page no. 11  CURRENT AFFAIRS PROGRAMME: TARGET 2023-2024 01th - July - 2024 Vilniansk Context Russian forces launched missiles at the town of Vilniansk. About Vilniask Vilniansk ZAPORIZHZ HYA It is a city located in the southeastern Ukrainian city of Zaporizhzhia. Source: The Indian Express For More Study Material, Visit: studyiq.com Page no. 12