Top Ten Legal Headlines of the Week
1. Mob lynching is punishable by death, life in jail or seven years in prison in a new law that seeks to replace IPC: Supreme Court
Under the Bhartiya Nyaya Sanhita, 2023, mob lynching is treated as a serious crime, potentially punishable by the death penalty, as Home Minister Amit Shah indicated. The bill targets those responsible for such acts and categorises mob lynching under Section 101 as akin to murder. Penalties outlined in Section 101(b) include seven years or more imprisonment. This new law could replace the current Indian Penal Code (IPC), pending parliamentary approval.
2. Bhartiya Nagarik Suraksha Sanhita (New CrPC Bill) Allows Police Custody After First 15 days of Arrest
The Bhartiya Nagarik Suraksha Sanhita Bill 2023 (BNSS) aims to replace the Code of Criminal Procedure 1973 (CrPC). It includes a noteworthy amendment concerning police custody duration. In the BNSS, Section 187(2) parallels Section 167(2) of the CrPC. This provision allows for a 15-day police custody period, either in whole or in segments, within the first 60 days or an initial 40 days.
3. President grants assent to Digital Personal Data Protection Bill, 2023
President Draupadi Murmu has granted her assent to the Digital Personal Data Protection Bill, 2023 (DPDP Bill) after its successful passage in both chambers of the Indian parliament. The Rajya Sabha exhibited unanimity in approving the bill on August 9, while the Lok Sabha endorsed it on August 7 via a voice vote, despite dissent from opposition leaders. The primary objective of the DPDP Bill is to establish a comprehensive framework for overseeing digital personal data.
4. 75% Eligibility Condition for Admission to Sports Quota 'Unwarranted & Discriminatory': Supreme Court
The division bench comprising Justice S Ravindra Bhat and Justice Aravind Kumar expressed their perspective regarding the criterion set by the PEC (Punjab Engineering College) University of Technology. The requirement of a minimum 75% score in the qualifying examination for admission through the sports quota, which accounts for 2% of the total student intake, was deemed 'discriminatory' by the bench. They asserted that this condition infringes upon the principles of Article 14 of the Constitution, which guarantees equality before the law.
5. Section 482 CrPC - High Court Can Try to Read In Between The Lines While Considering Plea to Quash FIR: Supreme Court
In evaluating a petition to nullify a First Information Report (FIR) or criminal proceedings under Section 482 of the Code of Criminal Procedure (CrPC), Justices B R Gavai and J B Pardiwala bench made a noteworthy observation. They emphasised that the Court possesses the authority to consider the comprehensive context that led to the initiation or registration of the case. This includes considering all relevant circumstances surrounding the case's origin and the evidence and information gathered during the investigation.
6. Custody' Under Section 167 CrPC Includes Custody of Other Investigating Agencies Such As ED, Not Just Police: Supreme Court
The Supreme Court, with Justices A S Bopanna and M M Sundresh, rejected Tamil Nadu Minister Senthil Balaji's plea against Enforcement Directorate custody in a money laundering case. The Court's recent ruling clarified that 'custody' under Section 167 of the Code of Criminal Procedure includes not just police custody but also custody by other agencies like the Enforcement Directorate. This has broadened the understanding of custody in such cases.
7. Plea in Supreme Court Seeks Action Against Calls Made for Social & Economic Boycott of Muslims: Supreme Court
A plea has been lodged with the Supreme Court, requesting action against calls made by multiple groups after the Nuh-Gurugram communal clashes. These calls promote the exclusion of Muslims from social and economic activities. Senior Advocate Kapil Sibal raised this concern before Chief Justice of India DY Chandrachud as the Constitution Bench, dealing with the Article 370 case, was about to break for lunch.
8. Section 41A CrPC Not applicable To Arrest made under PMLA: Supreme Court In a notable development, the Supreme Court, represented by Justices A S Bopanna and M M Sundresh, addressed the plea of Tamil Nadu Minister Senthil Balaji. They ruled that Section 41A of the Code of Criminal Procedure, 1973, which concerns notice of appearance before police officers, does not apply to arrests under the Prevention of Money Laundering Act, 2002. This decision was informed by the precedent set in Vijay Madala Chaudhary v. Union of India, indicating that an Authorized Officer under the PMLA, following Section 19 of the Act, is not bound by the procedural requirements of Section 41A of the CrPC.
9. Investigate If Manipur Police Officers Colluded with Violence': Supreme Court to Supervising Officer
In the Manipur violence case verdict, the Supreme Court criticised the sluggish progress of the Manipur police in investigating ethnic conflict incidents. The Court noted an unexplained delay between the crimes in early May 2023 and the subsequent registration of FIRs, witness statements, and arrests. To address this, the Court appointed former DGP Shri Dattatray Padsalgikar to oversee the CBI and SITs investigation, aiming to expedite the process.
10. Special Court Can Proceed Against Accused for IPC offence through sanction under Section19 PC Act is not granted: Supreme Court
Justices BR Gavai and JB Pardiwala, on the bench, made a significant observation. They noted that a Special Court established under the Prevention of Corruption Act 1988 (PC Act) has the authority to proceed with legal proceedings against an accused for offences outlined in the Indian Penal Code 1860. This is valid even if the required sanction for prosecution has not been granted for offences falling under the PC Act, as stipulated by Section 19 of the aforementioned Act.
