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 ❤❤❤❤
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 🙏
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.
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.
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
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
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"
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.
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
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.
It is often clinched that the process is itself the punishment. I would like to tweak it a bit and opine that: The process itself forms an integral and inevitable PART of the punishment (Since bails or Bonds are also kinds of punishment)
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.
While discussing the police custody extended to 40 and 60 days they forget one thing that accused is prospect criminal so for proper investigation it is necessary. though stringent provision it can help solving more cases
श्रीस्वामीसमर्थाय नमः Namaste sir 1. Kindly pardon me for the accidental stop. So please let me continue further. 2. न्यायाधीश रामशास्त्री प्रभुणे said * This murder wouldn't have taken place if this Chit * नारायणरावाला धरावा * had not been written at all, this murder wouldn't have taken place. So the person who wrote this Chit, deserves to be given * Death Sentence * . So our न्यायशास्त्र goes to the very Root of the case. In the illustrated case the Root was the written order * *नारायणाला धरावा * and so Death Sentence is the only Correct sentence to the person who wrote this Chit. Thanking you Sir Adv. Wg. Cdr. Vasant Narayan Deshmukh (Retd.)
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.🤯
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.
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 🇮🇳
Power to punish why ? FIR in short is the information given to investigate an alleged crime. The most appropriate place would the investigation agency where the crime is committed. In most of the cases the evidence of crime should be available where the crime is committed. It would be difficult to investigate a crime committed at Chennai for Gujrat police. Apart from language, difficulty it would be difficult to discover the witnesses. If the crime is tried in Gujarat how the witnesses be transported. This may be punishment of witnesses . Then all the evidence will have To be translated in Gujrati. Even if the witnesses are present a Judge in Gujarat may not be able read their body language.
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...
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.
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
Two former Judges Sitting along with an accused person accused of amassing wealth disportionate to his income and of money laundering and who was behind bars more than 100 days ' These gentlemen will not find anything in these laws because these are made by BJP Govt Except this lady all the three are known Modi baiterട Afler retirement Lokuris using every platform to criticise mody Now these people are giving Sermons out of these two were in Previous Govt They did nothing to remove Police custody and sedition laws. Now they give Sermons.
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.
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 ?
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?
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!
Thank you Sibal Ji and the eminent panelists for this enlightening discussion 🙏 this discussion, in simple words, is Service to the society ❤
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 🙏
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.
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.
So well explained 🙏👏👏👏
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.
❤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
Highly excellent conversation
what a discussion hats off!!
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
These laws are Police Loving Laws. 😢
Let the people decide
Lots of love from Sikkim
Thanks for the cost free, top-notch knowledge ❤
Sir it’s very enlightening 🙏
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"
It appears that the new laws were drafted by a public prosecutor.
Quite interesting and thoughtful!
Possible the best show of Dilse, thank you
Well Explained 👏👏👏👏
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.
Highly interesting & intellectual conversation between eminent personalities of society that no 9pm debate would ever do justice to.
True ji
Very nice Discussion Sir
Good efforts
High quality 🎉
Very well explained 👌👌
very useful discussion on new laws
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.
India's great mind is here.
Good episode with eminent personalities
Sorry to say there is no longer justice for the ordinary people 😞
Perfect
Good content..!
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
So called modernisation of law without having accountability 🤔🤔🤔🤔🤔
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.
❤
It is often clinched that the process is itself the punishment.
I would like to tweak it a bit and opine that:
The process itself forms an integral and inevitable PART of the punishment
(Since bails or Bonds are also kinds of punishment)
👍❤️👍
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.
The better course shall be to transfer the FIR in a different place to the investigation agency which is ordinarily entitled to investigate.
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😢
Om namah shivaya
While discussing the police custody extended to 40 and 60 days they forget one thing that accused is prospect criminal so for proper investigation it is necessary. though stringent provision it can help solving more cases
This is what intelectual discussion is!!
Why Supreme court can't take sou moto action for chaos of new law??
श्रीस्वामीसमर्थाय नमः
Namaste sir
1. Kindly pardon me for the accidental stop. So please let me continue further.
2. न्यायाधीश रामशास्त्री प्रभुणे said * This murder wouldn't have taken place if this Chit * नारायणरावाला धरावा * had not been written at all, this murder wouldn't have taken place. So the person who wrote this Chit, deserves to be given * Death Sentence * . So our न्यायशास्त्र goes to the very Root of the case. In the illustrated case the Root was the written order * *नारायणाला धरावा * and so Death Sentence is the only Correct sentence to the person who wrote this Chit.
Thanking you Sir
Adv. Wg. Cdr. Vasant Narayan Deshmukh (Retd.)
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.
👍👍👍👏👏👏🎉🎉
What do you expect from Chaiwala?
This is old wine in a new bottle no respect to precedents
Sir please help neet aspirants
I am imagining! that mr. lalu prasad Yadav speech on BNS is very interesting!!😅😅😅
sir in the BNSS 173 cognizable and non cognizable offences are mentioned
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 🇮🇳
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 .
PLEASE WITHDRAW NEW CRIMINAL LAWS
Police State now 😔
😊😊😊
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
Kapil sir ji please mujhe app se baat kerney h
What a thumbnail😅
Sir please raise voice in sc😢
Without Mr Salve it sounds one sided and lop-sided..
Power to punish why ? FIR in short is the information given to investigate an alleged crime. The most appropriate place would the investigation agency where the crime is committed. In most of the cases the evidence of crime should be available where the crime is committed. It would be difficult to investigate a crime committed at Chennai for Gujrat police. Apart from language, difficulty it would be difficult to discover the witnesses. If the crime is tried in Gujarat how the witnesses be transported. This may be punishment of witnesses . Then all the evidence will have To be translated in Gujrati. Even if the witnesses are present a Judge in Gujarat may not be able read their body language.
Lord मॅकालो? Like Navab of Pataudi? सरपंच नहीं?
Sibbal channel. 😮
No SC/ST 👎
Read as amendments not as typed
Please hindi me prakashit kiya Karen.
New laws provision is dracoinian...
Wat is the need of police custody?
Can Mr .sibal complete a criminal investigation within 24 hours ..
Talking in only advocates perspective...
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...
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.
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
Two former Judges Sitting along with an accused person accused of amassing wealth disportionate to his income and of money laundering and who was behind bars more than 100 days '
These gentlemen will not find anything in these laws because these are made by BJP Govt
Except this lady all the three are known Modi baiterട Afler retirement Lokuris using every platform to criticise mody
Now these people are giving Sermons
out of these two were in Previous Govt They did nothing to remove Police custody and sedition laws.
Now they give Sermons.
Bhai abh changes mat karo exam dene mai dekkat hoti h
Even not good English has been used
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.
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😂😂😂
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.
Rennet
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
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
❤