New Criminal Laws Will Create “a Prosecutorial Nightmare and a Disneyland for Defence Councils”
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- Опубликовано: 3 окт 2024
- New criminal laws will create "a prosecutorial nightmare and a Disneyland for defence councils i.e. a potential mess"
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In an interview to discuss the new criminal laws which came into force yesterday and to explain his deep and fundamental concerns with them, one of the Supreme Court’s highly regarded advocates, Nipun Saxena, says the new criminal laws will create “a prosecutorial nightmare and a Disneyland for defence councils”. Asked if he thinks it would be “a potential mess” he replied “absolutely”.
In this 37-minute interview to Karan Thapar for The Wire, Nipun Saxena explained what is perhaps his biggest fear that the new laws could create “a police state” where the police can seek remand for longer periods, handcuffs can be used for a new category of offenders called repeat offenders, a term so far not recognized by the courts, where the police can conjure up witnesses who are presented as voluntary witnesses, a new category created by the laws, and where the police will decide what is or what is not a proceed of crime and can therefore be attached.
Incidentally, Nipun Saxena explicitly makes clear but he does not accept Home Minister Amit Shah’s assurance that police remand cannot exceed 15 days. He argues that critical provisions of the old law, which restricted police remand to 15 days, have been dropped from the new law. In fact, he points out, the new law makes it easier for the police to seek extended remand than even the terms of UAPA.
Nipun Saxena’s understanding of the new laws, his capacity to point out their infirmities, inadequacies and contradictions, as well as his mastery of detail - which he simplifies and makes easy to understand - makes him arguably the best person I have heard on this subject. So if you really want to understand what these new laws amount to, their implications, the situation that could emerge after they have been enforced and why they are likely to be struck down by the Supreme Court - as well as the fact that our police forces simply are not in a position to implement or even fully understand them - this is an interview you must watch.
I don’t want to give away Mr. Saxena’s thunder by attempting to precis or paraphrase what he has said. I also don’t think I have the capacity to do that, since I am not a lawyer. But what I will tell you is that he is eye-opening and very revealing. He is also very simple and easy to understand. The interview will leave you with a profound sense of concern about the three new laws.
Do see the interview.
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Mr. Thapar I am 63 retired pensioner not so affluent contributed a one time payment of Rs. 500 today in appreciation of your commendable efforts. Thank you.
Dear Sir i salute you and your spirit. There are so many good y
RUclips web sites one need tofo as much or as little one can to support.
@@akapoor1944 Yes I agree. I wish that I could support all the channels but alas! The Almighty thought otherwise.
These laws are beneficial for large part of population who do not believe in violence, not part of civil unrest, not part of criminal activities. Had 'Raul Gandhi(congress) come to the power, he would have also tightened the laws. He already called Hindus violent. We have seen Meitei & Kuki violence. Congress policies over the years made social divide in Indian population . Now we are on the brink of civil war or public unrest. You see same situation in European countries. Germany, France, UK, Spain etc. Apparently you need some draconian laws to deal with people spreading violence, commiting crimes behind unrest. It that simple explanation. These Zandu experts and Zandu journalist wants civil unrest and anarchy in society to grab power by force. This why govt gave more power to Police to curb crimes and violence in society. Good move by the govt. They are finding difficulties in spreading anarchy and civil unrest in country. That is why talking against laws.
@@umesh952 Started reading your comment but stopped when you said he called Hindus Violet, because you should have heard the full speech. Modiji tried hard to just take that sentence into consideration while he was calling the type of hindus that bjp goons are and they are violent. P.S i am a muslim and yes I acknowledge that some people in our community are violent but the whole community isn’t just as yours
@@umesh952Honestly you seem to be a well read and educated person, dont fall for such cheap politics and perceive the situation objectively
We have given the power in th hands of criminals itself and they are making rules now 🤣
Yeah Rightly Said Congress, SJP, AAP , TCP, RJD, JMM, AIMIM, DMK, AIADMK, All Are Criminals 🥳
U should be ashamed instead of laughing
These laws are beneficial for large part of population who do not believe in violence, not part of civil unrest, not part of criminal activities. Had 'Raul Gandhi(congress) come to the power, he would have also tightened the laws. He already called Hindus violent. We have seen Meitei & Kuki violence. Congress policies over the years made social divide in Indian population . Now we are on the brink of civil war or public unrest. You see same situation in European countries. Germany, France, UK, Spain etc. Apparently you need some draconian laws to deal with people spreading violence, commiting crimes behind unrest. It that simple explanation. These Zandu experts and Zandu journalist wants civil unrest and anarchy in society to grab power by force. This why govt gave more power to Police to curb crimes and violence in society. Good move by the govt. They are finding difficulties in spreading anarchy and civil unrest in country. That is why talking against laws.
Its the same rule in USA. if these rules are so bad why line up infront of US ambassy for US visa??
Karan, you are very genuine and unbiased journalist. Note that COLONIAL hangover is sec 197 CrPC, which is retained as 218 CrPC.There should not be any requirement of permission or sanction from the government for prosecution of public servants committing offences. Only in the case of Judges; sanction from high court should be required. Britishers legislated this undue immunity for britishers from prosecution which is not required I case of bureaucrats and Public servants in the independent and free India.
@@p.sgupta5189 it's not about colonial ... There are 100s of fake cases against uniform personnel and magistrates involved in any operational duty , if you take that protection away no one will ever dare to work for people. Everything has checks and balances .
Very meaningful and elucidate discussion,thanks to shri karan thappar and shri saxena.
Another face of emergency..
These laws are beneficial for large part of population who do not believe in violence, not part of civil unrest, not part of criminal activities. Had 'Raul Gandhi(congress) come to the power, he would have also tightened the laws. He already called Hindus violent. We have seen Meitei & Kuki violence. Congress policies over the years made social divide in Indian population . Now we are on the brink of civil war or public unrest. You see same situation in European countries. Germany, France, UK, Spain etc. Apparently you need some draconian laws to deal with people spreading violence, commiting crimes behind unrest. It that simple explanation. These Zandu experts and Zandu journalist wants civil unrest and anarchy in society to grab power by force. This why govt gave more power to Police to curb crimes and violence in society. Good move by the govt. They are finding difficulties in spreading anarchy and civil unrest in country. That is why talking against laws.
@@umesh952 another face of andbhakt
Thank you Karan Thappar. This lawyer has really explained things so well with examples. One of the best explanations on this topic amongst the others.
It's better to become a police officer than to be a MP ,
That's the purpose, to protect the accused people who mostly make up the BJP including the prime minister.
Under present law 99 % criminals get bail.Such criminals are opposing it.😅
what evidence you have
Adv. Nipun Saxena has very well exposed the glaring (?delibrate/misconceived ) loopholes in the three new laws. It appears that the Govt is in a haste to quell criticism and prosecute all who oppose/expose their misdeeds. Outrageous !!!
Has the time come in India for uneducated criminals, who don't even know a single letter of the law, to make laws?
"Put this law into the garbage as soon as possible."
These people want to establish dominance over the law in an indirect way.😡😡😡😡
Expert committee has recommended the changes. And under the present law 99 % criminals get bail under present law and continue nefarious activities.
The J.I.H.A.D.I REGIME are the criminals who don't follow democracy constitution or law n order...they lie spread hate n incites violence...they incited their vote bank to preplan every major riot since modi has been in power
Atleast read once 😂😂😂 May congress fallowers now biggest users of WhatsUp 😂😂😂
@@user-ju1fm8rn1g I am vigilant over my right
I am vivilant about what is going on in the society
And i have right to critise government policies
So it is a better option than becoming a blind supporter of someone.
@@gursewaksingh5833 criticise with facts not just rant
Has Supreme Court no powers to abolish such draconian law?
Can supreme court judge suo moto take up this issue?
Yes they can
These new laws sounds very dangerous/ full of flaws in the minds of general people/citizens. 😢
@satishgrover9137 have you studied farm law.
I feel sad for indian farmers... with withdrawal of farm law.
Don't know your background. However, anyone sensible worth his intellect wouldn't have said what you did
These laws are beneficial for large part of population who do not believe in violence, not part of civil unrest, not part of criminal activities. Had 'Raul Gandhi(congress) come to the power, he would have also tightened the laws. He already called Hindus violent. We have seen Meitei & Kuki violence. Congress policies over the years made social divide in Indian population . Now we are on the brink of civil war or public unrest. You see same situation in European countries. Germany, France, UK, Spain etc. Apparently you need some draconian laws to deal with people spreading violence, commiting crimes behind unrest. It that simple explanation. These Zandu experts and Zandu journalist wants civil unrest and anarchy in society to grab power by force. This why govt gave more power to Police to curb crimes and violence in society. Good move by the govt. They are finding difficulties in spreading anarchy and civil unrest in country. That is why talking against laws.
Why is the CJI not commenting on this matter his words matter
He doesn't have that power
This is what happens when crooks force themselves onto the citizens and rule the land.
Thanks for mind opening discussion, Karan your interviews always open closed minds .
Enlightening as always !!! ❤ Hope the opposition will take up the matter !!!
Thanks. Mr Nipun has explained very nicely.
welcome to undeclared emergency.
Three criminal laws will have same fate as that of three farmers laws
@gur0092 not really...if modi follows sc advice that the panel set up by the sc to investigate the bills n reported that 82 % of farmers supported them n sc wants modi to reenact them...sc said it was a political ploy n nothing else
Will the new Criminal law put modi and shah behind the BARS for thier crime doings.
Both should have been jail long. Thanks to our judicial system.
Modi hai to mumkin hai.
India being dragged, bucking and resisting, down to a banana republic by the Gujarati’s and the rss.
ASS*
Well explained Nipun ji. Thanks.
Thanks to Mr.Karan Thapar and Mr.Nipun Saxena for highlighting the grave Implications regarding the new criminal laws and I do feel that India as a democracy is gradually tilting towards becoming a Police state!, watching this episode was indeed an eye-opener!👍
Good content from the wire. Really interested in police state topic
The Suprem Court must strike down these new laws without any second thoughts. Because most of the important sections are extremely draconian and irrelevant. The new law was drafted without the consultation of the Law Commission of India and the Bar Association of India. More over The BJP government arbitrarily passed the law simply with voice vote without any sensible debate and examination in parliament. As a matter of fact it was passed with a voice vote right after more than 150 MPs were suspended. It was done with dictatorial intent. As a matter of fact more than half of the total menbers in parliament have criminal records and cases pending in various Courts and to imagine that those very MPs making laws for the Nation is a big joke. Instead of bringing new laws firstly bring those accused MPs to justice only then think about bringing new law. Secondly, change the qualification criteria for MPs. MPs must be at least Graduate. If this is fulfilled then the parliament has the moral right to make laws for the Nation.
Karan hats off to you for live issues coverage
Thanks!
Very insightful conversation. Nipun 's wisdom and Karan's brevity
This interview is an eye-opener.
Time for the opposition to take this up.
Govt.'s flaws, lawyer's delight!
Let few senior BJP leaders be arrested under new laws only then these laws will be ammended
We have cheered this on and must suffer the consequences.
So evident, not the old laws, its the revised criminal law that is Colonial and one sided.
Congress had 10 years. The draconian UAPA that is heavily misused was amended to the present form by congress in 2008.
Good explain nipun saxena
An accused under trial is supposed to be innocent until proven guilty but yet has to be in jail,sham😅
Thank you, Mr Saxena, and Mr Karan Thapar
Unconstitutional and Non-Judicial Laws Needs To Be Struck Down And Old CRPC will follow untill new laws are rectified- party making india party rule using police as gundas
More business for Advocates !! Advocates be shyly smiling now )
When the vastly erudite CJI terms this as a WATERSHED moment In the annals of indian jurisprudential history , its nitty-gritties would resolve itself over the years. However, there is no doubt that this is a step IN THE RIGHT DIRECTION, given the current sordid state of Indian law enforcement.
Very good. Thank you.
I have read the old CrPC and new BNSS. they both look the same. By 1973 crpc we got justice speedily and police couldn't misuse the law. We were happy. New law also looks great as it enhances police power with less checks and balance. The very foundation our lawmakers forget is that laws are misused more by police than citizens.
What is the required rank of police officer who can attach the property of alleged criminal?
Ruling party will do this kind of things to hold the power but Congress also didn't say anything about these
They also wanna take advantage of these laws 😢
We are doomed😢
Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws. - Plato
We do not need to get good laws to restrain bad people. We need to get good people to restrain us from bad laws. - Charleston
There were enough good laws to put the Gujarat rioters behind bars in 2002. Unfortunately there were a few people to enforce them strictly!
💯❤
Unfortunately, non-biological Saheb forgots the difference between law and mother-in-law ! 🙏
Eye opening analysis indeed
Per discussion the points of attention in the BNS are:
Extending police custody beyond 15 days even up to 90 days, Flyby witnesses in the courts, handcuffing, Attaching the assets by the Police(This is very dangerous especially when the police department is almost controlled by the ruling parties) and finally lacunae in the criminal laws.
India is becoming a police state at the cost of rights and liberty of the citizens .
Honourable supreme court should not allow implementation of these laws.
Police will misuse these powers definitely.
There are enough instances of police standing by and doing nothing !!! 😢
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ALL BJP MADE, LAWS SHOULD BE ABALISHED OR WITHDRAWN EXCEPT J& K ABALITION OF 370 IS JUSTIFIED BY SUPREME COURT OF INDIA.
What is abalition 😊
Brother what article 370 gave u...it was protection for kashmiries...now adani companies cut down forests and heat is increasing day by day in kashmir...not only in kashmir but in jammu also ..it affects rest of India..but andbakhts will never understand that
The three new laws of criminal justice are as good for the people of India as the the three farming laws were for the farmers. But who will explain this to the people? तपस्या में फिर कमी तो नहीं रह गई?
Need kapil sibbal sir to put writ petitions at supreme court to reconsider and amend procedures and provisions so as to not facilitate disruptive behaviour of state legislation
Need debate discussion in parliament 🙏🙏
I am 100% sure some top level experienced law scholar is in hands with BJP to advise them come up with such well thought out changes to increase control over country.
There is discussion on failure of plea of bargain under new and old laws
Highly excellent conversation
Emergency brought from backdoor.
Great analysis Nipun sir
Good Interview
We need to disband with this British system of airdropping officers in law and order, adminstrative and Indian Army instead of giving any opportunity to lower rung individuals who have already put in a certain number of years of service and select officers from among them by conducting certain set of exams and that will also bring an end to the coaching factories that are ruining youth to the hilt.
Laws may be passed only after debate in a reasonably attended parliament.
Thanks Mr. Saxena
Informative
कानून और न्याय में उतना ही फ़र्क़ होता है जितना किताब और उसके ज्ञान में
क़ानून तब भी था पर न्याय नदारद जब साहिब-ए-आला थे गुजरात के कमान में | 🙏
A patient goes to a doctor when he has a problem and he/she does treatment. In the process someone dies. Now the doctor has criminal responsibility and goes to jail. His license can be suspended or made to give monetary compensation. How on earth someone can send him to jail. Here everyone can find fault with others even a best doctor can be branded as negligent by his colleagues if they don’t like him. LOL.
संसद के बाहर जनता को बताएं कैसे राष्ट्र विरोधी सरकार लोकतंत्र का गला घोंटती है माइक-वीडयो बंद कर, वक्तव्य को delete या expunge करती है जब विपक्ष ज्वलंत राष्ट्रीय मुद्दे उठाता है और काले कानूनों पर निरंतर श्रंखला बनाइए जो आम लोग समझ सकें कि कहां ह्रास-हनन हो रहा है मानव-नागरिक मूल अधिकारों का
Another thing, i will be think 10 times before visiting India.
Mob lynchers will go scot free in case of 5 ppl are arrested for it as per personal beliefs.
We are going back to dark ages.
We are going to golden era of satyug
The new law will be nightmare ere for old liars who used to protect for the sake of money and political mileage
Good 👍
Ground breaking laws always start with chaos and nightmares like GST.
It’s in the long run in which they bring dividends.
Banana Republic in sight..........
Modi sarkar knows if people make cases against them, how to evade now. By passing these stupid bills.
Litigations will increase.
Legislation should be based on concrete concepts . We tinker with solid legislation and make a mess of it in a rarefied atmosphere. The laws are made for people primarily and not otherwise. The state exists for people and not otherwise. If the State usurps power which may not be essential for governance then it would be a Police State. Power for the sake of power to tantalise the citizens. Metaphorically it would be Buldozer justice
Bigger pockets for police 😂
Congratulations Beta. Trying to understand the nuances. With Best wishes
There should be more changes. There are carores of cases pending. This needs to be changed.
What a totally amatuerish exercise😮
Modi has already veiledly warned the opposition that they will be dealt with if they did not improve their echo system. if this threat is followed through half of opposition would be in jail soon.
Why is BJP having so much colonial hangover? This depends mainly on ones personal perception. Many do not feel the way they feel and do not feel disturbed by the existing laws, though amendments here and there may be called for.
🇮🇳🇮🇳🇮🇳 Courts may lose benefit of being guided by case laws developed in last 70 years. At first sight contents may look the same as old laws but a change in comma will change meaning and new case Yaw need to be developed. I FEEL THERE MAY BE JAM AND CRIMINAL JUSTICE MAY GRIND TO HALT. I FEEL CJI HAS NOT CONSIDERED THIS ASPECT WHEN HE APPRECIATED NEW LAWS
Its the same rule in USA. if these rules are so bad why line up infront of US ambessey for US visa??
It's more worry some nobody is capable to understand What Laws actually mean, What for they are meant, Which brilliant mind(s) invented such Laws! The one Who does not commit a crime and if gets caught by a Wrong Policeman, imagine if he doesn't know the impact of (Old or) New Laws, the cruelty is beyond imagination. Anyway, Government can punish whoever it wishes rather than protect. Justice gets modernized as time changes. That's New Fashion, India is in Modern Fashion World!! Isn't it?
❤❤
when will the wire do neutral journalism?
It seems the objection mostly attributed / due to strengthening the voice & supporting the issues / problems raised / faced by girls / women so as to protect the girl / women, their personal life / rights etc., from any sort of harm, aggression / suppression from any person(s), group(s), institution(s) , aggressors, corners etc. In is know fact that most of the girls, women are the victims of boys, men internally ( within the family members), externally ( outside family members) and both. In some communities, communal groups, conversions, polygamy, etc., boys / men are permitted ( formally / informally) to beat females for various reasons / issues ( though it’s inhuman, illegal , punishable / prohibited by law, etc.). All over the universe gender superiority ( though formally / legally prohibited) has been one of the major parameters leading to formal / informal criminal conspiracies / interference in exercise of fundamental rights, personal rights by girls / women. These news laws may addresses most of such criminal conspiracies / interferences in day to day life of gird / women.
The current laws are so eutopian 😂😂😂
Facts: India adopted English laws with cosmetic changes. For 50 years the ruling congress party did nothing worth mentioning to stream line Crpc and criminal laws. It is common knowledge that culprits get away cheaply. Justice is denied by delay. Money power can take advatage of loop holes. The present government has made a begining. It is not perfect . The legal minds must mention remedial measures to correct. Mere criticism has no public utility. Commen sense shows 99,99% people do not violate laws or get into legal net. They avoid courts.The laws are made for those who violate laws. Why the legal faternity so concerned about " clint culprits" and to protect their rightsl!
The sex related laws, the law will become complete If introduce "Pardha" for women. Till now Politicians and Billionaires are targeted through ED, IB etc like agencies. This new law aims to target all Citizens from top to bottom layer.
Amazing
Karan Thapar plz interview the rahul gandhi
What is the education qualification for making laws, welcome to India have a great stay till death 😂
Can the supreme court intervene?
The advocate is utterly wrong with regard to police custody. It still cannot exceed 15 days, just that now it can be taken in separate segments/parts upto first 40 days or 60 days, depending upon the the punishment prescribed for the offence.
Moreover in August 2023, Hon’ble SC in Senthil Balaji v The State held that police custody can be given after the first 15 days of arrest. And referred the matter to a larger bench for review of CBI v Anupam Kulkarni. That was the latest scenario before the implementation of new laws.
So basically the latest view taken by the SC has been incorporated in BNNS now.
I am sorry to say but Mr Karan Thapar must get advocates who can give a correct take on the laws.
True . But this is The Wire.
What can u expect
If Witness is murdered being a false witness?
Section 69 is the worst among other sections
France,Democracy birth place feels now democracy is not good form of govts when outsider change a country demography.