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New Criminal Laws: Kapil Sibal with Mukta Gupta, Madan B. Lokur & P. Chidambaram
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- Опубліковано 13 лип 2024
- #livelaw #BNS #BNSS #BSS #new #penalaws #colonial #Bharathiya #Sanhita #nyaya #sibal #Muktgupta #Lokur #policepower #FIR #remand #arrest #custody #zeroFIR #investigation #communityservice #sessions #magistrate #appeal #criminallaws #SupremeCourt #Lalithakumari #arneshkumar #justice #law #lawyer #lawgraduate #legal #supremecourt #indianjudiciary #indiancourts #lawfirm #lawcollage
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Sir
It's a humble request to do the needful to recall such laws 🙏
Dear Live Law,
As being a permanent Prosecutor I feel that independence of prosecution is surrendered to judiciary and political parties. Please do a conference on this subject
Dear sibil sir the pannal discussions have ignited the young lawyers. According to me, the young lawyers should engage in these kinds of serious discussions on new laws.
Sir,I don't have any knowledge about law as I'm a physician but I find it incredibly interesting to watch your episodes.Salute.
Most reasonable and rational conversation I have watched in last 10 years.
Thank you so much for giving a healthy discussion on new criminal laws by the eminent persons 🙏
Ungirtunate,such an eminant and highly respected,learned retd.judge Lokur is talking like a layman and with a clear partisan manner.
Dear LiveLaw,
"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
This is an eye opener video and must be brought in consciousness of the public
Thank you so much Sibal Sir, for presenting wonderful show.
What kind of discussion is this where only opposing views are there...... Bring few people who support and others who oppose.
I agree, there should be a discussion with both sides represented.
However, in today's context because we already have so many media houses and people who are already supporting the government no matter what, I would like to listen to the opposing views without being interrupted by Pro-BJP forces.
Having said that, Kapil Sibal should also have another panel discussion with leaders from the government pov.
This is because neither police nor the lawyers are in favour of these laws especially because most of them are copied and pasted from IPC to BNS but have different numbers which creates confusion. They could have changed the name and kept the codes same.
You mean law professors ?
When no one support the new law, who do you think should come in? Home Minister?
I agree to the version of Sh. Kapil Sibbal sir that this is the reformation of colonial Era
Appreciate for the initiative to make people aware of these new criminal laws...
Shri kapil sibal saheb. You are brilliant lawyer in Supreme Court. Shri Dave is very honest and genius. Nepotism has been flourishing in Supreme Court and High courts. Father, son, uncle are appointed. Brahmin judges deliver the judgements looking at the castes of appellants/ petitioners. Brahmin judges delivered the judgements against the scheduled castes deliberately. I am an example . I have been pursuing the matter since Sept 2014.
Thank you for your bias, now we know why Live Law should not be taken seriously.
GENDER NEUTRAL LAWS NEED OF THE HOUR.
It's is discuss about changing the new law and old law different important decisions to understand all the citizens of India.
Community service is a lighter punishment.for an otherwise responsible person,who might have committed offence under impulse.I is the descretion of judge.Nothing wrong in it.
What an irony.
Criminal Chidambaram commenting on new laws.
This can happen only in India!
😅 you must be criminal too... when was Chidambaram ever convicted?
Supreme Court shall have broaden their Perifery to give space for interpretation of new laws because every day matters will pile up from all over the country.
there are lots of challenges in honble supreme court for the vagueness in provisions but lets hope for the best
Lot of fodder provided in BNS for practicing lawyers.
Interpret the provision of ,police detention ,in the backdrop of what happened in the PUNE ,car accident case.
Kapil talks of colonial laws when the nature offenses were not the same as today. Now the nature of crimes are totally different from what it was in colonial times because most of the crimes are committed by law makers such as Chief Ministers, Ministers, MPs, powerful and influential bureaucrats and cyber technocrats. Fear of law is the one that is missing
unlike the colonial era. Laws were framed to punish petty thieves, murders and rapes only
whereas it is now politicians involved in economic offenses, share the booty with lawyers
Free and Fast Justice
Very enlightening discussion 👌👌👏👏
In a multi-lingual, multi-religious, and multi-cultural Society, no one should feel left out or discriminated against. That is unity and integrity. So, English and secularism is (was?) adopted in India. Now, both are under severe and imminent threat. The BJP Union Government has no legal or moral grounds to forcibly thrust new and autocratic laws upon the people even without any public discussion and the consent of the various States...
English as a language no one questions, however the colonial era autocratic laws and practices definitely need changes as a society how we evolved after independence. Secularism was forcibly thrusted on Indians (Specially Hindu's) by Congress regime for their Muslim vote bank politics including multiple special acts, acts of worship, Waqf board act, Article 370 and other additions to constitution.
It's our fate that we have to hear from Lawyer/Politician like Kapil Sibal who always misused the old laws in favor of defending terrorists/criminal politicians in Supreme court and made his wealth.
@@naveenholla So sick and tired of this 'Muslim vote bank' accusation. It's getting old. Are you implying that to secure the vote bank of a community that's less than 15% (even lesser at the time of drafting the laws), the Congress chose to upset the group that is almost 80%. So essentially, they want to get elected or voted into power but they will scuttle their own chances by not pleasing the majority. Sense banta hain kya? Use your brains, man.
@@Uff1234Bitter truth, however most of the Congress policies are brainchild of one dynasty family which has deep routed Muslim connection and thought process. Rest power of united 15% voting to one party and divided 80% voting to many parties makes lot of difference.
Off late majority realized Congress intentions and resulted congress never got majority on their own from last 20 plus years.
@@naveenholla Alright, you seem so convinced. You think whatever you want.
Educate common people about these laws to the maximum ,so that they understand and raise the voice against them.
PC and Sibal are wrong when they say Adultery has been brought back. There's no provision of adultery in BNS.
Mr.Sibal you passed draconian laws during your tenure as a technical minister.I may remind you that congress and the BJP are the sister parties to enforce the Manuwad.
“What is the benefit of repeatedly discussing these issues when even esteemed institutions like the Supreme Court seem inactive in addressing them?”?????
He argues corrupt congress should be in power back and Chidambaram again hold
finance prtfolio to carry forward the activities of loot and scoot with his beloved son
Sibal himself ,admitted the necessity for taking accsed into custody ,after bail.Confront him with new revelations or co accused ,version.
New laws must be thoroughly reviewed by the experts because it's utterly confusing.
These persons are legends of Law!modiji and Amith shah Have no such knowledge..
Modi/Shah ne nahi draft new laws
Lol these law practitioners are the always cause ruckus in any decision govt makes
@@praveens4946
Legends like Chidambaram have criminal cases against them.
So basically a criminal is discussing whether a new criminal law is valid or not.
If this is what you call as a legend(s), then more power to you.
Get well soon.
These "legends" will be defeated in a minute if anyone with basic legal knowledge takes them head-on. Speaking flowery english does not guarantee logic and reasoning with fact of the matter.
U said the truth
Pl.clarify yr view ,on why CJI ,is setting on clarty of art/sec.17.a ,in thecase of Govt.of AP vs Chandrababunaidu,the ex CM.
Is that such a ticklish matter after Two sitting judges ,gave diverse interpretation ,and the provision of 17.a was questioned for the first time.?? Be fair to us ,the citizens
Thanks Sir/s
ORDINARY PEOPLE ARE NOT ENJOYING HIGHER COURTS JUDGEMENTS. BEFORE INDEPENDENCE, THE COURTS WERE BETTER
They have a problem with the word Bhartiya
Yes
Yes, rightly so.
@@adityakashyapable
How does " Bharatiya " cause an issue
Mr Intellectual?
@ronitlenka9205 Listen again carefully what, Mr. Justice said, you'll get the answer
@@ronitlenka9205 cause they have the colonial slavery mindset..so they love being called indian rather than bharatiya
Rightly said Justice Lokur ... bharatiya should not have been. Used... Its prejuditial to Diverse language of India
So indian is not prejudicial to any language.. colonial slavery mindset
@@bhabanibehera5737 Well if you use Bhaaratyiya .. I would say whyyyy....not use .. Our Languages from NOrtheast. .. do you know how many languages are there in NE India.... Motherchud ...lawwraaa dogg
You have problem with Bharatiya
So you must be either
1. A peaceful
2. Cross holder
3. Or a secular Lindu
@@ronitlenka9205 yea like your mom
@@hiheloByby6902
Confirmed.
You are a "peaceful" without a father.
Because fatherless kids talk this way.
Electronic medium comes to help or estsblish the involvement of accused ,in the Mob.,not verbal statement of a socalled witness.
Thanks
I still have question on 173 BNSS, when zero FIR IS REGISTERED irrespective of area that police officer can do preliminary enquiry and it is not compulsion on police officer of that police officer to record statement of victim, it can transfer that Zero FIR TO police station who has jurisdiction on the same then that police station will conduct further investigation.
Reference: 15.00
A police officer from gujrat CANNOT come to Delhi for the purpose of investigation after registering a zero FIR in the light of the below section.
Section 175. (1) Any officer in charge of a police station may, without the order of a Magistrate,
investigate any cognizable case which a Court having jurisdiction over the local area within
the limits of such station would have power to inquire into or try under the provisions of
Chapter XIV.
As it is clear only that police station has power to conduct investigation whose local limits falls under the jurisdiction of the court who is competent to inquire or commit the case for trial.
Not only ,the Police ,sir! Even judiciary have their own way of interpreti g the law. That is why ,appealas are allowed in higher courts and judges on same bench interpret the provision in differant manner.and the CJI himself sits Mum on the divergent views expressed by brother judges.
what is the book Mr. Chidambaram is holding in his hand? can anyone name the book
These are all seriou issues ! True ! To enable yu earn yr bread.and justify yr existance.
Thank you all . Please intervene in the interest of future generations.
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?
How can you keep someone in jail without reasonable proof? And that too for 3 months. It shows the inefficiency of the police and the incompetence of the courts.😅
Sir what I analyse that now the rule shall be JAIL NOT BAIL
They are congress person FYI
Amazing !
BNS: Bail Not Supported ?
Only j mukta read the law 😂😂 baki experience se hi tukka Lga rhe h .....
कृपया आप सभी respected sir and mam से निवदेन अगर आप लोगो ये सब low को पीपल के लिए ये वीडियो बना रहें प्लीज हिन्दी मैं भी बोलने की कृपा करें आप सभी सुने का बेनिफिट तभी हो जब कोर्ट की language कम प्लेन language प्रयोग करते आप लोगों जो discuss kar रह उसका कुछ समझ नहीं पारे 🙏🙏 ..
W are matching with the new changed circumstances & inefficiencies of differenrt dapartments with extended election times of politicians in compaigning. Moreover, it is not only the work of police officials but also of the politicians say & acts to settle the differences through police officials to avoid any saying of direct action or control on authorities as is being said or refered to by public. he British officials were freed by just putting suspicion on some one & placing in jail for long time. The Jails are now overloaded though claimed a very long & quality of Jails & admindtration by reforms with heavy expenditure. In actuality a substantial part is diverted for other purposes.
Save judiciary from politics 😢
The making of the Constitution was done by such a great drafting committee with great luminaries headed by Ambedkar. The codification of the New Nyaya Sanhitas was done- the legislative process of appointing law commission has been ignored, some professors of law plagiarized about 95% old enactments, when more than 150 opposition party leaders were sacked- democracy a basic structure of the Constitution was affected as voice of the people not at all heard, the ratio decidendi of judicial precedents ignored as most of the provisions reenacted do not reflect any such principles ( ...refer the definition of industry given by Justice Krishna Iyyer was adopted) ....looks colourable as name sake naming the Codes won't render Nyaya without reflecting the justice, the preamble of the BNS says only to consolidate the An Act to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto.! Each one of the provisions relate to the personal liberty of the people...requires keen research to reflect the real Nyaya in it.
Whole of Constitution of India was plagiarised from GoI Act 1935 and all other contemporary democratic constitutions. What are you even talking about?
The panel 🤮🤮🤮🤮
At 28:00 not control crime instead "contract crime"
Why. To save criminals
India going the North Korea way.
सर, हिन्दी में भी इस तरह की संवाद रखिए।
These experts never counselled pappu IND alliance to participate in debate during introduction stage after select committe . perhaps wait and unleash modiphobia shahphobia. Hinduphobia
These experts forgot that India
Parliament enacted laws
Perhaps to please to PAPPU
They will tolerate laws enacted on streets of Delhi
😭😭🙏🙏Please please help me
Recently i add surname in my name through gazette. NOW PLEASE guid me HOW i add my Surname through out all my ACADEMIC CERTIFICATE as 12th PASSOUT student
Lack of Atmagowrava
And also he brought foreign machine s to his mils without paying taxes gentle man you must've mention this too
BNS and BNSS have not bee drafted by the Professors even, rather for the benefits of the traders and business houses and by the think takns of RSS
Criminals discussing criminal laws.
Nice. !!
popular.ko.time.dhèngetoonly.7.purana.c.kes.sab.final.ho.jaiga.
what a hypocrite bruh they don't want the name "Bhartiya" in laws but for supporting PLF They want Sedition to be Removed Wow Asmmm "hands down for those who still thinks "been educated means Being intellect or LOYAL to the State" 😂😂😂😂 DAMNNNNNNN
Chindram also in jail for frauds do mention same
একজন বাদ কেনো ? পশ্চিমবঙ্গের আইনমন্ত্রী।
Those who justifies communal violence bill as secular and 42nd constitutional amendment as vaild one criticizing new laws😂
I like this podcast.. I'm no fan of Congress.. In fact BJP voter..
But this kind of opposition is waay better than disrupting and shouting in the parliament for everything...
I think with this type of law BJP criminals can easily be arrested all over the country because they are the perpetrators of all sorts of crimes including financial offences such as Electoral Bond Scam'
with Old laws or New Laws, courts are not delivering Justice. All this is just useless discussions. First government shall produce justice at free of cost.
All discussions are like growing cabbage in a pot. It is not impossible but foolishness if done in large quantity. All law is almost perfect but if Judges are from your enemy country and judges are your friends country then Judgement will be different. WHY? The reasons is misuse openly when you grow cabbage in POT and grow in commercial purposes for own profit.
Are yu also questioning the existance and authority of INTERPOL ?
Sir What will be the fate of Arnesh kumar judgement?
Correct it Arnesh Kumar
B.A in zoology..?…or Bsc
Despite having very clever minds, these individuals cannot set aside their personal biases and hatreds. Their opinions are often based on assumptions or hypothetical situations rather than reality.
Correct
They don't have any bias. They are bringing in more important issues that should have been considered while creating a new legislation. All law is interpretation however, if the whole idea of creating a whole new law was to shun colonialism then there should have been a complete revamp according to the local trends and not a country that India is no longer part of.
A panel with Sibbal and Chidambaram...
And you find no bias?
Either you share their bias or are simply ignorant.
@@adityakashyapable "Complete Revamp"?
How will you Revamp the Idea of "Justice" and avoid it to be influenced by Utilitarianism, Fairness and Equality? Or you wanted Sharia and Manusmriti back which Government avoided and made you issue-less and hence frustrated?
What are the Local Trends? Isn't Indian Society moving towards Globalization and Westernisation? Aren't we getting digitized and techno-savvy? Where is the issue then, as the laws have tried to address them?
The point of this whole new law was not just to shun colonialism, but indigenizing the existing legal system. Decolonization is a gradual process which keeps the good from colonies and sheds the bad, and not that someone from somewhere wakes up one morning and starts wearing Dhoti Kurta, walks with Kolhapuri Chappal and takes a Bullock Cart to office.
It’s very disgusting to listen to this post.
So they should be ashamed and banned from public speaking
I’m sorry to say this but these people have proven over long time as the prosecution of India
Please elaborate why this discussion is shameful.
Three.cunoonthik.nehi.pahel.jo.tha.thik.
With due respect to all dignitaries Mr. Kapil sibal and Mr. P. Chidambaram happened to be designated senior counsels and Members of Parliament, then ministers in India.
Why they kept silent all along the day when the these laws are presented in Parliament as bills, even after reference to standing Committee and even while passing the said bill in Parliament. Many legal lumunaries are happened to be in Parliament as M. P.
None of them took any effort in streamlining the these three laws, not only in this three laws, other laws already enacted.
Sorry to say, After independence of India, nothing are made in changing the colonial system of administration in all three sectors.
No law made giving the basic principles to accused person " That accused person is innocent until proven guilty"
Who ever in power in government, suddenly changing their attitude by thinking that they themselves as "King of British kingdom" all executives are turned as "British Babus". No steps are been made to eradicate this colonial system. No reforms still been made by our own elected Governments.
No police reforms, no forum to prosecute the errant police personal. What prevent to make seperate forum even to prosecute the Judges in any level. Are people in this country are slaves , are treated likely to be by British era. Are not they human being, still our spineless politicians not at all made any law giving protections to citizens and making law reforming the police and judiciary.
Very unfortunately, our own elected government not making reforms in administration of police service, Judiciary and other government services, we even though by making tall talk that we are free country got independence, the British era systamic of police and judiciary will only act that they have come from heaven will not see the citizens of this country are Indians.
The erratic and erran attitude and system of British must be changed a nd major reforms should be made. This present three laws and other laws are really been made by direct supervision of minister consern.
We should first eradicate the British system of administration by government and judiciary.
Let's not present this channel to criticize government
These laws are made by the parliament and its committees on the basis of the needs of the times. Ultimately, it is about justice for all. Any laws or amendments passed and not in a clear breach of the Constitution and its intent is a fair law. It is up to the learned judges to ensure that the laws are applied properly and fairly. The judicial system is made of of many parts, lawyers are a part of it but do not have any privileged position compared to others. Shakespeare had penned this famous quote: "The old order changeth yielding place to new And God fulfils himself in many ways Lest one good custom should corrupt the world." Cheers
👏👏👏👏👏🎉🎉🎉🎉
😁
Stupid discussion!
Hindi mei law banaya hai toh hindi se bolo guruji
There are many parts of India that do not speak Hindi.
Oldage ! Cant read properly and remember! Not kept with advances oi law ! What to do ? Retire and go to raajya sabha and be anti govt. Simple😊
But Modi is old too and his education is probably one of the lowest among the notable politicians of today. He can't even speak English. How can we then trust that his interactions with foreign leaders are not lost in interpretation? Should he then leave politics?
As for not being able to remember, do you seriously think a person can remember all the laws of the land? Come on, don't be daft.
rajasthan samayojit sikhsha karmi sangh के teachers को 6th pay commission ka arrear (salary ) आज तक नही मिला ह वेतन का arrear नही मिला ह आजतक 15 saal मे कृपया मदद करे ।।। that too after court order s 😂😂 india is banana Republic... indian judicary is a circus clown show 🤡
Judiciary in india is nothing but a clown show .... government doesn't even bother consider orders passed by courts .. clowns absolute clown show