Why the New Criminal Laws Are a 'Posthumous Tribute to Lord Macaulay
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- Опубліковано 23 сер 2024
- In this Episode of @DilsewithKapilSibal The new criminal code and the manner in which it was rolled out has already garnered a lot of controversy. While the government has claimed that it wants to get rid of the laws of the colonial era, this promise has not been realised. Only 5-7% has been changed, says Kapil Sibal. The senior advocate discusses how the new laws have held on to their colonial past with three eminent guests.
Congress's Sivaganga MP P. Chidambaram is an eminent lawyer and has held key portfolios in the union cabinet. Chidambaram sheds light on the government aspect of the laws and how they are framed and brought to being.
Justice Madan Lokur is a former a judge of the Supreme Court of India and current judge at the topmost court of Fiji. Justice Lokur has been chief justice of two high courts and was a noted advocate before that. He highlights the constitutional and legal challenges with the new laws.
Justice Mukta Gupta is a former judge of the Delhi high court and had been prosecutor in key cases. Justice Gupta has been speaking on these laws all over the country, also at the IAS Academy.
Decent learned people discuss in a civilized way and bring real facts to the table.....sibbal sahab I have loads of respect for you...U r doing a great service to the nation .....BTW congratulations for winning and your new responsibility......if I meet u ever I would like to give u a big hug ❤❤❤❤
What did he win?
@@LITTLE-ROCK
Supreme Court bar Association chairman
@@LITTLE-ROCK Trust of the People.
Supreme Court should take a notice!
These episodes of yours are blessings in this fake news era🙏🙏🙏🙏
just to see these eminent geniuses together makes one feels proud to be an Indian. As long as mother India keeps producing such children , no dictator can ever cast an evil eye on our democracy. Bowing at your feel here Mr Sibal for orchestrating such panels 🙏
Thank you Sibal Ji and the eminent panelists for this enlightening discussion 🙏 this discussion, in simple words, is Service to the society ❤
Article 21 of the Constitution is the touchstone to assess the constitutional validity of these three laws viz Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakhya Adhiniyam ,2023 which were pushed through the parliament with through debates and discussions. As many as 143 odd MPs from both the Houses were expelled were vigorously demanding for debates and referring the three draft laws to the Standing committee of the
Lok Sabha for thorough scrutiny.
Kudos to all. Kapil sir plz do in hindi also, people from villages and even new law student will be benefitted. Thx for wonderful show.
I absolutely love the whole of the panel and you explain everything and in quite the detail.... Thank you.
I want to try and ask you to get a panel of opposing views as well(I know they may not be willing) otherwise we are subject to create an echo chamber and soon become what we are opposing.
These laws are Police Loving Laws. 😢
Let the people decide
It appears that the new laws were drafted by a public prosecutor.
So well explained 🙏👏👏👏
Highly excellent conversation
Acc. to S173 Of BNSS, police can register FIR irrespective of area where offence is committed but as per S175 of BNSS, it can only be investigated by the police having jurisdiction over the area. Police of one state cannot investigate offence in another state.
No, the jurisdiction provided for in 175 is of the court and not of police and the court will always have jurisdiction under 198-201. More so in case of special courts governed not by any special act but by Bnss
@@Kartik0240 So can you refer to the provision where police is getting the power to investigate?
@@singlasrockwhat do you mean?
S.175(1) provides that the Police Officer can investigate into an offence if the police station is within the local limits of the court which has power to try or trial.
This corresponds to S.156(1) of CRPC.
This means if FIR is registered in Mumbai of an offence committed in Banglore. In such a case, police station of Banglore will only have power to investigate because Magistrate of Banglore will have the power of trial or inquiry.
@@singlasrock For any case which falls under 198-201 or is a continuing offence the magistrate in mumbai can also have jurisdiction. It seems you are not an advocate so you dont understand exactly what i am saying but jurisdiction of magistrate can be invoked in any form of continuing offence (in present times even for economic offences, cyber crimes, ni act and the list goes on). 173(1) read with 173(3) gives ample power to police to go to any place beyond its jurisdiction to apprehend the accused on merely a prima facie case. As far as 175 is concerned, 173(3) expressly says without prejudice to anything in 175 so the court’s jurisdiction is no bar at all
❤You all are Great person❤ huge respect to all of you🙏
Seriously really appreciate the knowledge and ability to pry through constitutional provisions, really so much to know and learn
Nice to see sir you came on a digital platform. All congress intelligent leaders should come forward with their area of interest and aware people of India. "Der aaye durust aaye"
Thanks for the cost free, top-notch knowledge ❤
Sir it’s very enlightening 🙏
Posthumous tribute was given by B R Ambedkar in 1951 and now by Amit Shah in 2024. People in power are so fond of Lord Macaulay.
Quite interesting and thoughtful!
Lots of love from Sikkim
Well Explained 👏👏👏👏
Very nice Discussion Sir
what a discussion hats off!!
True ji
Possible the best show of Dilse, thank you
Good efforts
Sorry to say there is no longer justice for the ordinary people 😞
Dear Sir,
"Proviso cannot eat the main provision".
Main Sec.223 of BNSS has to be read first and then proviso. The accused need not be present while recording statements of victim and witnesses. "on taking cognizance" in old code has been changed as "while taking cognizance".
After recording the statements, if Magistrate feels prima facie case for cognizance exists, then he has to issue notice to accused, hear him and then decide to take cognizance. If not, dismiss the complaint under Sec.227 of BNSS.
Even after hearing the accused also, the complaint can be dismissed under Sec.227 of BNSS. Thus, the accused need not be present, while recording statements of victim and witnesses.
The reasons are:-
1. They are only a Statements, like Sec.180 of BNSS (Sec.161 of Cr.P.C.)
2. It will cause inconvenience to accused in frivolous cases
3. It may become Substantive Evidence
4. The accused may ask a right of cross examination
5. Issuing notice to accused to appear an injustice act
Highly interesting & intellectual conversation between eminent personalities of society that no 9pm debate would ever do justice to.
Means only power ,money oriented person will get heard. And moreover if you are associate with political party which is in power,will only give you guarantee ,to be heard.
So called modernisation of law without having accountability 🤔🤔🤔🤔🤔
❤
India's great mind is here.
Do we think UCC should have been drafted and implemented first!?? Which explains what is the way to live within Bharat? While the 3 laws tells actions on breaking those laws?? after listening to so many interaction with respective celebs of judiciary and other respectable guests all i could grasp is that BNSS,BNS and BSS are like IFRS in accounts, interpretation is on the mercy of interpreter.
👍❤️👍
Very well explained 👌👌
High quality 🎉
Om namah shivaya
Dear Sir,
Sec.173(1) BNSS does not say about investigation and arrest in Zero F.I.R. cases. Zero F.I.R. will be lodged and forwarded to the jurisdictional police station for re-registration of F.I.R. Like, a covering letter with original complaint.
Further, it says only preliminary enquiry, if necessary, in case of murder, rape or any serious nature of offence is committed. Example: medical examination of victim, etc.,
Go through Standard Operating Procedure issued by Ministry of Home Affairs.
very useful discussion on new laws
What about the language differences...⁉️ How a Gujarat Policemen interrogate a Tamil speaking citizen?
These people have no brains and completely overlooked the ground realities.🤯
good one 🙂 👍
If you can't understand their point then it's you who isn't having any brain. They all are prominent personalities in the field of law. They have much more sense than you.
👍👍👍👏👏👏🎉🎉
Good episode with eminent personalities
Perfect
Kapil sir ji please mujhe app se baat kerney h
Sir please help neet aspirants
sir in the BNSS 173 cognizable and non cognizable offences are mentioned
Lord Macaulay की शिक्षा प्रणाली की वजह से आज का युवा परेशान है....सोचने की शमता का विकास ही नहीं हुआ...... उसने ध्यान को मार दिया😢
This is what intelectual discussion is!!
PLEASE WITHDRAW NEW CRIMINAL LAWS
😊😊😊
Police State now 😔
Resp Mr KAPIL SIBAL.& RESPECTED DIGNITARIES.. with Respect as a Common Citizen..?? To you Guy's. What you all are going to OPPOSE this NEW LAWS ? IMPLEMENTED BY THIS UNETHICAL SENSELESS BJP MODI GOVT. OR WE COMMON PUBLIC HAVE TO FACE. ?? !!. THANK YOU MR KAPIL SIBAL. TO BRING THE ISSUES FOR CITIZENS. WE HOPE FOR THE BEST.. JAI HIND 🇮🇳 JAI SAMVIDHAN 🇮🇳
I am imagining! that mr. lalu prasad Yadav speech on BNS is very interesting!!😅😅😅
What a thumbnail😅
Sir hmare liye bhi kuchh kar do sir
We want reneet and this is only justice
Sir agr apse is case ki ldne ko bola jaye to thodi km fees le lena
Please
Sir please raise voice in sc😢
What do you expect from Chaiwala?
The discussion is one decided.
There is no counter arguments on validity of sections included or modified.
He only call those people in his podcast for discussion any how who are having connection with the congress or opposing the BJP .
Without Mr Salve it sounds one sided and lop-sided..
Sibbal channel. 😮
Please hindi me prakashit kiya Karen.
Lord मॅकालो? Like Navab of Pataudi? सरपंच नहीं?
Most of the police personnel don't know the laws, they don't know the application of laws, police officers also misuse their powers and they have done that countless times and they have been found connected to many criminal activities, they have committed several crimes themselves and have worked for organisations of criminals,
bhartiya nyaya sanhita is giving wrong, unlawful and illegal powers to police where police will be controlled by "Home minister" without any reasonable restrictions and reasonable intervention of courts and judicial magistrates, where there will be no reasonability or answerability of an arrest,
It violates the principles of separation of powers which is most important ingredient of democratic Indian law system, contrary to many Articles of our constitution, against right to life and liberty, police will become a weapon for the government to put down anyone whether just, fair and reasonable or not,
It concludes, misuse of law making powers of govt, misuse of powers by police controlled by Home minister that too by a reckless person such as Amit Shah in the worst of governance of BJP, this means total chaos and destruction of Indian justice system...
sibal is like a great lawyers why not before become a bill suggested the govt .nation is people 150 cr people why after the bill why not done before barking after , they any use to the nation this nation not of modi or any person any useful from you? you are bad intent here are also politics it are called corrupt minded
No SC/ST 👎
Wat is the need of police custody?
Can Mr .sibal complete a criminal investigation within 24 hours ..
Talking in only advocates perspective...
With due respect ...
आप सिर्फ ये सब negatively ले के जा रहे हो ये तो पहली बात.
But reforms जरुरी हैं फास्ट processing के लिये.
आप फास्ट प्रोसेस के लिये क्या हो सकता हैं इसपे एक कॉस्ट होना चाहिए.
Even about judicial reform also.
I think u all don't know the criminal law. If it is a flawed amendment then why others support it including cji. Please stop all this as it makes no sense
Lol, you should refrain from commenting on the subject which you don't know. They are eminent lawyers and Judges having experience in law more than your age.
As far as CJI is concerned, watch his latest interview wherein he himself told that he didn't read the laws yet. He had on earlier occasion only praised the Idea of government to improve the law by bringing new laws.
being a practising advocate, i can certainly say that these laws are actually a mess.
Bhai abh changes mat karo exam dene mai dekkat hoti h
Congress k wafadar neta 🎉🎉🎉🎉 kapil sibal sir always supporting Cong and oppose bjp
Kabb tak jeenda rahoge ? Tere chakkar men agla gaddhe men kewn gire jeetejee ? Law and Order ka janam hota hai mreetu death nahin to Democracy ka Janam hota hai Mreetu Death ke liye nahin ! Ok mr.s Emrrgency of Weaker Law and order due tu ? Law of bigg head personality or kingship Pooja padhati = chamche belche mantralaya ? Or fressh powerd mantralaya ?
Bhai dhang se likhna toh sikh😂😂😂
Sorry
सर, आप कहते कुछ हैं और करते कुछ हैं। जिन्हें क्रोनी कैप्लिस्ट कहते हैं उनहीं की पार्टी में शामिल होने चले जाते हैं।
आपने भरोसा खो दिया।
Chup kar be chatukaar sanghi
Rennet
Kapil Sibal has slaved decades for the party created by British Indian Civil Service (ICS) officer Allan Octavian Hume in line with Lord Maculay's vision for India and here this cribber speaks like this? Nothin better expected from Zero Loss Sibal.
Chidambaram? Who himself is in Bail. Kapil is talking on Criminals? What a joke? लोकमान्य तिलक को देशद्रोह के मामले मे मंडाले भेजा गया था! पर गत १०० साल मे देश मे एक भी देशद्रोही नहीं मिला? क्या बात हैं? सब देशभक्त बन गये?
Man 'You cant get such knowledge even after paying lakhs of money
❤