The Supreme Court held that a woman’s statement recorded by police under Section 161 CrPC can be treated as a valid dying declaration. The Court also summoned the husband’s relatives for further proceedings in the case before it.
Justice G.R. Swaminathan believes that the first step towards decolonization is to understand existing laws from the perspective of our own civilization. This means linking legal systems to our cultural and historical roots. It challenges the colonial influences still present in today’s laws. Justice Swaminathan highlights the importance of interpreting laws in a way that reflects our local context for true independence.
After the tragic suicide of Bengaluru techie Atul Subhash, who alleged false dowry harassment claims, the Chairman of the Bar Council of India, Manan Kumar Mishra, has called for reforms to Section 498A of the IPC. He advocates for making it bailable and suggests that preliminary inquiries should precede filing FIRs to prevent misuse of the law.
On Friday(19th July),the Madras High Court criticized the Centre for not consulting the Law Commission before introducing three new criminal laws to replace the IPC, CrPC, and Indian Evidence Act. This came as the court admitted a writ petition by DMK’s RS Bharathi, challenging the constitutionality of the new laws.
The Madras High Court Today (July 3rd) declined to stay the operation of the three new criminal laws that came into force on July 1 replacing the Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act. It sought the response of the Central government to the plea challenging the Sanskrit/ Hindi names given to the three laws – the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam.
The New Criminal Laws introduced by the Centre last year are set to come into effect from July 1. The Code of Criminal Procedure (CrPC) will be replaced with the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. While introducing the three new criminal law bills last year, Home Minister Amit Shah said that state-of-the-art technologies have been incorporated into the new laws.
From July 1, the Indian Penal Code will be superseded by the new Bharatiya Nyaya Sanhita, introducing significant reforms in trial proceedings and handling of fugitive criminals. A landmark change will allow courts to hold trials and pass judgments in absentia, ensuring that the absence of the accused does not impede justice, which has been a critical issue under the current system.
