Reforms in Definitions PDF

RELEVANCE OF NEWLY ADDED CRIMES AND DEFINITIONS Dr. Amol Deo Chavhan B.A., LL.B., LL.M., NET, Ph.D., PGDHR Associate Professor of Law National Law University and Judicial Academy, Assam [email protected] 9420706040 RELEVANCE OF NEWLY AD...

RELEVANCE OF NEWLY ADDED CRIMES AND DEFINITIONS Dr. Amol Deo Chavhan B.A., LL.B., LL.M., NET, Ph.D., PGDHR Associate Professor of Law National Law University and Judicial Academy, Assam [email protected] 9420706040 RELEVANCE OF NEWLY ADDED CRIMES Addressing National Security Stronger Gender Punishment Equality for heinous crime Community Abolishing service is sedition option  Deletion and Addition of new offences under BNS Why it is so….. Old concept New New and reformative emerging punishment situation New Gender base challenges offences before society Social structure and norms are changed  New Definitions Gender Organized crime Terrorism Economic offence Organized crime syndicate Petty organized crime Snatching Scope of movable property (corporeal property/every description)  Deleted Definitions India Section Servant of Government Sedition Adultery  Offence Against the Human Body Organized crime (S.111 & 112) Terrorism (S.113) Mob Lynching (S.103(2)) Abetment outside India (S.48) Sexual Intercourse by Employing (S.69) Cruelty Define (S.86) Hiring/ Employing of child for offence (S.95) Death by Negligence (S.106 (2)) Voluntary causing grievous Hurt (S.117 (3/4))  Organized crime (S.111 & 112) Act of Kidnaping Robbery Use Vehicle theft Violence Extortion By Threat Land grabbing Any person Intimidation Contract killing Group of persons Coercion Economic offences Syndicate Unlawful means Cyber-crime Directly or Trafficking of indirectly person/drugs/weapons etc. Ransom  Punishment for Organized crime (S.111 & 112) For Conspires Act resulted in death Not less than 5 Liable for death or years extend to Intentionally Imprisonment of life + fine life + fine not less Harbours or not less than 10 L Rs. than 5 L Rs. conceals any Other case person Shall not be less than 5 Member of Not less than 3 years extend to life Syndicate years extend to imprisonment + fine not Not less than 5 life + Fine not less than 5 L Rs. years extend to less than 5 L Rs. life + Fine not less than 5 L Rs.  Petty Organized crime (S.111 & 112) Act of By Punishment Theft Group or gang Imprisonment Snatching Singly or jointly not less than 1 Cheating year extend to 7 Unauthorized selling of years + fine tickets/ betting/ gambling Selling of public examination question papers Theft includes trick theft, from vehicle, Or similar acts dwelling house, business premises, cargo, pick pocketing, card skimming, shoplifting & ATM  Organized crime under Various laws Scatter in different sections of IPC Some state has laws National Security Act, 1980 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 Customs Act, 1962 Prevention of Money Laundering Act, 2002 Immoral Traffic (Prevention) Act, 1956 Foreign Exchange Regulation Act, 1973 Public Gambling Act, 1867 etc.  Terrorism (S.113) Threaten the unity, integrity, and security of Disturb public India order Intimidate the general public Using violence Destruction of property or disruption of essential services  Punishment for Terrorism (S.113) Act resulted in death Organized camp Harbours /Conceals Liable for death or Not less than 5 Not less than 3 Y Imprisonment of life + fine years extend to extend to life imp.+ Other case life + Fine. Fine Shall not be less than 5 years extend to life imprisonment + fine Member of Possess Property For Conspires/Attempt organized Extend to life imp.+ etc. involved Fine Not less than 5 years Extend to Life extend to life + fine Imp. + Fine  Terrorism (S.113) BNS VS UAPA Discretion is with SP Investigation Misuse ? by NIA if refer Discretion vs Political Arbitrariness Interference  Mob Lynching (S.103(2)) & 117 (4) On the ground Race Every member Caste of group Five or more person Community commits murder shall be punished Sex with death or Place of Birth Imprisonment of Language Life + fine Personal belief or similar ground  Mob Lynching cause Grievous Hurt 117 (4) On the ground Race Every member of Caste group Five or more person Community Cause Grievous hurt shall be punished Sex with extend to 7 Place of Birth years Language Imprisonment + Personal belief or fine similar ground  Mob Lynching (S.103(2)) Mob Lynching Concerns Violation of Fundamental Rights Lack of Erosion of Effective Rule of Law Deterrence Fueling Failure of Communal Law Tensions Enforcement  Mob Lynching (S.103(2)) Legislative Efforts Manipur Way forward West Bengal 2021 Bill in Rajasthan Lok Sabha  Sedition 124 A Similar in S. 152 BNS Debated from long time It is for Supreme British Govt. Court View Protection Violates Added in Fundamental 1898 Rights Sedition 124 A Similar in S. 152 BNS Removed from BNS New Section 152 is added similar to 124 A Disaffection towards the Government Removed Earlier sedition law required very harsh words and some action  Sedition 124 A Similar in S. 152 BNS Comparison Whoever by words, either spoken Whoever, purposely or knowingly, or written, or by signs, or by visible by words, either spoken or written, representation, or otherwise, brings or by signs, or by visible or attempts to bring into hatred or representation, or by electronic contempt, or excites or attempts to communication or by use of excite disaffection towards, the financial mean, or otherwise excites Government established by law in or attempts to excite, secession or India, armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act  Sedition 124 A Similar in S. 152 BNS Comparison Why is Sedition Unconstitutional Violation of Article 19(1)(a) of the Constitution Violation of Article 14 of the Constitution Disproportionate Impact on Journalists  Death by Negligence (S.106 (2)) By Person Liable for Extend to 5 Death by Negligence by years + Fine Person By Doctor Doctors Liable for Extend to 2 Hit and Run (Drivers) Years + Fine By Driver Extend to 10 years + Fine  Death by Negligence (S.106 (2)) 3 D Principle Default Negligence Duty Damage Death by Negligence (S.106 (2)) Medical Professional Show instances of Negligence during treatment Burden of proof on Doctor Proved followed standard practice prescribed by profession Duty of doctors need to established Identification medically cause and effect of negligence Attempt to Commit Suicide to Deter Public Servant (S.226) Whoever Attempt to commit suicide Punished with simple imprisonment for a term which may extend to Compel or restrain 1 year or Fine or Public servant Both or Community service From discharging his official duties Attempt to Commit Suicide to Deter Public Servant (S.226) Section 309 IPC deleted Inserted new provision with modification Attempt to commit suicide for personal reason no offence Provide safety and security of fearless job for public servant Unnecessary compulsion on public servant is prohibited Challenges Discretion vs responsibility of public servant Check and Balance No influence or compulsion by the public Suicide compel or voluntary? Sexual Intercourse with false promise of Marriage (S.69 BNS) Whoever by Deceitful Means Liable for term Deceitful means Inducement extend to 10 False promise of False promise of years + fine marriage Employment Promotion Marriage Sexual Intercourse Sexual Intercourse with false promise of Marriage (S.69 BNS) Prevent the false promise Previous and Subsequent Consent and conduct Will? relevant Intention play Knowledge crucial role Burden of proof on accused  Snatching (S. 304 BNS) Seizes Secure Suddenly Grab Liable for Theft is Movable Quickly Takes away term Snatching Property Forcibly from extend to 3 Any person years + or from Fine possession  Offence against women and Children Sexual Gender Intercourse Neutrality Expanded Exploitation Separate by in Assault Scope of of Children Chapter Deceitful and Kidnappin for Offences under BNS Means Voyeurism g (Section (Section 95) (Section (Sections 135) 69) 76 & 77) Thank You