Will the new criminal laws make India a police state? | Rebecca John in conversation with Saba Naqvi
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- Опубликовано: 2 авг 2024
- New criminal laws (Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA) ) took effect in India on July 1, 2024, raising concerns that they could push the country towards becoming a police state. But what are these laws really about? In Frontline Conversations, senior journalist Saba Naqvi interviews Rebecca John, one of India's top criminal defence lawyers and a senior advocate who specialises in criminal law.
According to Rebecca John, the major changes in the criminal laws include incorporating UAPA's and Maharashtra Control of Organised Crime Act's Section and Offence provisions into the penal code, altering arrest and remand rules, and allowing police inquiries before filing First Information Reports (FIRs). Police can now remand suspects to custody in staggered periods over 40-60 days, instead of the initial 15-day limit. Rebecca believes the Home Minister's clarification about the 15-day custody limit should still apply, despite ambiguous wording in the new laws. She criticises the incorporation of draconian laws into the penal code and the contradiction of Supreme Court rulings with new inquiry rules. Other changes cover laws regarding mob lynching, sexual offences, and judicial procedures.
Credits:
Interview: Saba Naqvi
Camera: Dipesh Arora
Production Assistant: Vedaant Lakhera and Vitasta Kaul
Editing: Samson Ronald K.
Supervising Producer: Jinoy Jose P.
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The aspect of Individual Freedom of Soeech seems to be in conflict with safeguarding the Sovereignity and Integrity of India. I wonder where individual freedom of speech ends, and sovereignity and integrity comes into force. Indeed, a cloud of ambiguity and vagueness does exist
There is no ambiguity. The defect lies in failing to recognise that free speech guarantee is only for individual citizens, not scraps of paper, electronic or other, AND the FREEDOM IS SUBJECT TO REASONABLE RESTRICTIONS ON STATED GROUNDS IN ITS EXERCISE.
Preliminary investigation by Police before registering FIR will lead to huge corrupt practices in the police department. Innocent people will be victimized and richer class will enjoy doing more unlawful activities
Rebecca Ma'am, with due respect on your erudition and vast experience. I would like to state that India cannot afford to use archaic, outdated and dystopian set of criminal laws in the 21st Century and beyond. ......
Besides, felonious offences needs to be given the gravity it deserves. Given the large number of BOGUS and FABRICATED FIRs, it really makes good sense to hear the other side too
A woman may bring a Marital Offence Case against her husband stating marital violence with self-inflicted wounda. This is based just on a motive to get a divorce and alimony money from the hapless husband who would not otherwise, not eben hurt a fly
What would you do. Rebecca Ma'am, if the husband sought your counsel?
A set of my legal brothers and sisters are to happy to carry on with the hangover of British Raj and take pride in calling themselves Common wealth ....👍
Very happy some releif on the question of bailable in PMLA. The speech given by Madam Rebecca explain so crisp 👍
It's old wine in new labelled bottles. But the problem is that it has added clauses that infringe freedom of speech n other freedoms. Needs a total overhaul.
The Police are not independent & upto standard. That is the danger
Best wishes for discussion
Madam Rebecca and Madam Saba nice to see and hear, it is God who has given you both this big possession to support poor and the needy of our country. One year is a day to God. Things will change according to will, God bless you both.
The crime levels have shot up even after 1st July.Thugs are everywhere . In the recent weeks we have seen murders across India by individuals and groups . The population size of criminals outnumber the law abiding citizens. Time has come for the pendulum to swing towards a tighter regime.
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.
Hey bhagwan, are we still blaming the Congress for everything? Did you forget that other parties also were in power between the Congress terms? Atal Bihari Vajpayee was a huge leader. Why aren't we blaming him for not being able to right the wrongs during his tenure? BJP under Modi had absolute power for two terms. Why haven't they been able to bring about good reformation when Modi was able to take arbitrary decisions regarding demonetization and Covid?
My point is the Congress failed in many ways and so they were kicked out. BJP has had 10 years so are we still going to play this game of blaming Congress and not hold Modi accountable for anything at all?
Also, Rahul Gandhi did not call Hindus violent. He called Modi and BJP's brand of Hindutva violent. There is nothing wrong with that statement. Didn't Modi give that speech about how mangalsutras will be taken from Hindu women and given to Muslims? Haven't we seen a rise in the number of people being lynched by mobs for selling beef because cows are sacred? Are we going to pretend that religious divide and hatred has become deeper in the last decade?
You referred to Kuki Meitei violence? Why has the PM still not visited the state in spite if repeated requests?
enlightening talk.
Thanks for producing this. It would also be better if you could upload this as an audio podcast to Spotify.
Y does a person have to be in police custody or pay bail if not charged with a crime?...thats not how it is in my Canada
Power of arrest has given enormous strength to the police to arm twist a suspect to admit to committing of a crime even if he or she not committed the crime ..that is why a provision for anticipatory bail was brought..the suspect produced before a magistrate for remand with a remand report the magistrate should be allowed to exercise his discretion either to grant remand or not .. magistrate are the authority to keep police in check..but our country bribe is the norm nothing happens according to law..😊😊
Very well explained.
There are so any people languishing in jails who cannot get out on bail as they do not have money to pay for bail……did not see any journalist fighting or raising that as an issue.
Laws mostly in India are for breach than practice: more often than not 😢
Appreciate the information
Excellent information.
Wonderful discussion.
ALREADY ITS A POLICE STATE
She's mistaken when she says bail depends on the gravity of the crime. It's only one of the factors. There are innumerable judgements by various courts that say gravity of the crime alone cannot be a basis for denying bail.
🙏🙏
Certainly excessive custody. Will amount to human right violations.
Already is happening : the destroy of the properties of the muslims, putting in jail the candidate of others political parties and blocking the bank accounts of opposition party before election etc...
Yes mam that's how things will be.
The laws are meant to protect the weak against the strong. They cannot be allowed to be trifled by the rich, or powerful. Bentham said every law is an evil because it is an infraction of liberty. One's liberty ends where another's nose begins and the least touching of another in anger is an assault in equity.
😊😊😊
We are a police state already.vunder the most cruel pm amd the modt wicked home minister
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.
Tsk tsk. How terrible. Are you sending this from a jail?
@@umesh952do not take Europe as good example to follow because they have there fascist regims .
India do not have to follow the footstep of the foolish western governments . India have to continue to follow the Dharma path and the abuse of power is not Dharma .
@@umesh952do not take Europe as good example to follow because they have there fascist regims .
India do not have to follow the footstep of the foolish western governments . India have to continue to follow the Dharma path and the abuse of power is not Dharma .
@@pieraspisso4265 Who is abusing the power?
Our police force should be given all the necessary facilities and training to file the FIR at the earliest of the accused. Physical force should be forbidden by all means. Citizens must be at home, not in police station or in jail to avoid anarchism in the country. Cars, Planes and roads and airports can't make a country. It is the quality of standard of life of the ordinary citizens and the way the accused is treated in the police station etc.
I quote ...."Bhayi bina preet nahi"....👍
Yes
Don’t underestimate the citizens of the country ladies, we need to change centuries old legal system anyway.
Congradulations to the TN Government●● TN is changed this new Nyaya with their State powers●● Avoid the worries●●
🎉
Only complicating the law this type of discussion is only confusing
a general discussion without reading the provisions
Rebecca Madam, it is no truism that Criminals, especially of the recidivist kind, seek BAiL as a matter of RIGHT, or PREROGRATIVE
Under the new set of tenets, bail now depends entirely at the discretion of the police. In other words, bail granting cannot be taken for granted w.e.f. July 01,2024
.
Rebecca Madam, in a nutshell, rhe motive of the new set of laws seek to be be broad-based, all-encompassing ,and trying to find stringent punishment for every kind of felony, mild or heinous.
The practical and empirical aspects with regard to GROUND REALITIES and the sordid state of contemporary law enforcement seems to be conspicuously MISSING
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.
Undoubtedly facts 😤
As talking in medias 3 laws are very dangerous .. if it is true,,will opposition leaders , ..Naidu, Nitish will fight for reversal of 3 new laws or support the new laws?
Rebecca is brilliant
Fourth Pillar ♥️🫶,
Thanks Saba Ma'am 😊
Oka "law"nu nirmaanamu (while framing) chesthunnapudu, anubhavamu gala lawers mariyu retired judges, members gaa undaraa?
❤😂🎉.
Safer place to live!
तडीपार का धारा नये कानून में बदला हैं, या वही पुराने अमित शाह के केस वाला है।
Whole intent is explained in nutshell. We (Freedom) definitely is at Stake and can be miss used. Accused often and possibly can be harrased though innocent.ambigeous laws are quite hazardous esoectially in such matters of criminal proceedings.
All in all new law is a draconian law
Its the same rule in USA. if these rules are so bad why line up infront of US ambessey for US visa??
Yeh Desh ko bachanay kaa samay hai aur.. Rahul Gandhi, aakhri sipaahi hain !
80 crore people lining up for 5 kg of grain. 70 crore Unemployed versus this costume drama (Ambani Wedding) ! Such disparity of wealth is dangerous and quite similar to pre-revolution France !
PM ki kursi chhoti cheez hai. LOP Rahul Gandhi ko pehle Desh, iska Sanvidhaan, iskay garibon kay Rights, unki life, honor bachaa'naa hai. East India Company 2.0 v/s. 80 crore Indians. Yeh aar paar ki ladaayi hai. Black / White. There is no grey.
LEKIN nafrat itni gehri utar gayi hai, Indian Sub-consciousness mein, kay Philosophically Speaking :
Only Modi can defeat HinduTVA. For that, we must give him ample time. 2035, 2047.. Amrit Kaal.. 2-3 Generations of Average Hindus (now with BJP) need to be lain waste. ONLY and only then, could reflection and introspection, begin.
Rahul doesn't need to do anything. Allow Modi to expose himself... More than Modi, Hindu Voters need to go thru this catharsis.
If it takes 50 years, so be it. If it takes 100 years, so be it. If it entails death and destruction of Indian Muslims (15% of India's population.. now termed termites / infiltrators/ others / aliens / enemies/ demons); SO BE IT.
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 due to illegal immigration. 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.
Police is in concurrent list so the state can review and not allow state police to apoly it
Why duscuss with accused in center and not entirely safty of society/ justice and speed of justice??
how many were arrested during farmer protest before the protestors killed policemen.
When you have no clear answer to a simple question, make the question look complicated.
India has two parallel law system. One is backed by the constitution other is enforced by the social morality.
So citizens follows whichever suits or serves their purpose.
It's a democracy where some are more equal than the others.
The whole legal system is pathetic, there is never a justice, only crime & punishment.
Infact in a man made world there are no freedom, everything is permitted.
😌
🙏
Atleast cases move fast and justice served.old delaying system gone,good for law seekers.
Why don't they change the name dress code of the judiciary and the advocates too? Why shouldn't President, CJI, Prime Minister always appear in public draped in the National Flag?
India is a police state. Jiyajee tata became a notorious smuggler only due to opium ban by queen Victoria.. Court custody is only on paper magistrate has no control over jail.
every state has a lab
When you say, Madam, that India is slowly, but surely, moving down the trail of POLICE STATE, seems to be suggestive that the Courts have become impotent, and police rule the roost. The role of the police ends when the alleged wrongdoers are produced in Courts and the verdict is pronounced
Now the judiciary takes over the case and the due process of law takes over
Police Raj cannot work at cross purposes with other law enforcement agencies
Even the CBI. SPECIAL BRANCHES. or ED, for that matter, enjoy HIGHER AND BROADER powers than the police.
Rebecca, it is NEW WINE IN OLD WINE CASKETS, since the core structure remain the same.
If a person has a proud personality they will not go about telling lies even if they hate someone n thats not freedom of speach to lie about a person or situation n the opposition partys their supporters n left media lie so much n they should be charged with it
🇮🇳🇮🇳🇮🇳 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
My relatives at sikkikim bhutan england ammrica o bangladesh se bibiji hain
Looking forward to the views of people of India esp victims who wait forever for justice/ injustice.
Why do layers charge so much especially criminal lawyers? Can tax payers get free lawyers?
For a criminal and a criminal defence lawyer everything will be excessive as their loopholes to escape with crimes and ability to buy injustice and outside court settlement is stopped and there is severe punishment for false fir. Can a citizen file an fir without paying bribes to the police and can the victims get justice in 60-90 days based on gravity of crime ?
prevailing system is ineffective, no deterrent to break laws or commit crimes including spreading lies & defamation without facts, Citizens of India welcome the criminal law reforms, this is what we have voted the BJP into power for. Thanks!
scaryuapa and mcoca within regular code? the laws themselves wereevil. arrest and remand provision is also
I think Mughal law should be brought back? What's the need for new laws, everything is so nice right now.
Baba baba black sheep!! Have you any wool
This is exactly how journalist now hype things
It was a police state ,is and will be depending on the situation, nobody bothers then or now. It doesnt matter wether you are innocent or not, might is right and rules are fot fools
Very Nice ❤ . This conversation brought in a lot of clarity.
Good but PM must introspect. Start it from Govt itself 45% are criminally tainted members and a Tadipaar also.
Congress state president is?
I think the leverage given to the police in the matter of registration of FIR in the teeth of the Lalitha Kumari case will be challenged in the Supreme court very soon and the status quo ante will be restored.
Shady discussion
SABA NAQWI = IS IS
Aramichutaalunga puzhuthi kelappa…!
I request you to do the conversation between Hindus. Not between other religious people...
It is NEW WINE in OLD WINE CASKETS.... .since the core structure remains the same
.
We/You the anti nationals of India 😂
Yes,Problematic to those advocates who are hell bent on making money by saving criminals from punishment regardless of the threat they posed to the society and to those advocates who have scant respect to the safety of the. Country!
, 1:26,
Rebecca Madam, greater POWERS to COPS, comes at a PRICE.....The Police Force has now become MORE ACCOUNTABLE, MORE RESPONSIBLE and MORE ANSWERABLE to higher-ups along the law enforcement hierarchy.
Rebecca, i have reasons to believe that these are RIGHT STEPS in the RIGHT DiRECTION ....obviously, it would take some time to set it into real practice.
This is not an intelligible conversation. I heard the ladies converse till time t=2:20. I have no idea what the term 'interchangeable custody' means, a term Ms. John employed. Ms. Naqvi seems not inclined to ask questions that need be asked on the listeners' behalf. I'm bailing out. A waste of time that was.
Deaconian LAW OF BJP
It's already a quasi Police state.
Both host and guest seem negative....
She is from Soros brigade
Uri baba,, kitna gyan 😂
किसीको बिना अपराध दर्ज किए 90दिनो तक गिरफ्तार रखा जा सकता हैं, पता नहीं किस नासमझ कि सलाह से ये बदलाव किया, जबकि पुरा देश हि जेल जैसा बनाया जा सकता हैं, फोकट में नब्बे दिनों तक किसी को खिला पिला के खर्चा क्यों बढाना 😁😁😊
Strict laws are necessity of time when you have to live with people of 1400 year old barbaric culture. We have seen more stricter laws in muslim countries.
you are discussing as if there is no ghastly crime in india . may be you want hardened criminal cases to be on bail so that they can terrorise the common man
Oye naqvi, why are you so worried.. We the people of India love it... You keep quiet.
Shameless prejudicial commentary. Not a word about the correction introduced against the most serious and miserable problem in old legal provisions leading to excessive delays in procuring justice
It is rather far-fetched to assume that RAPE can have retrospective effect, since at the time of consensual sexual Intercourse,, It was consensual sexual relationship from both sides. Undergoing sexual Intercourse on the faith of FALSE PROMISES, or DECEIT, seems to be naive, except in cases which fall squarely under the ambit of POSCO laws,
Re -- bakwas madam.
Justice has been delayed if not denied. Worst hot were poor people who many times end up spending in jails even before trial begins. No one took up these issues other than lip service. New laws are designed to set time lines to deliver justice.