Vigilant India

Peace, Security and Prosperity

Complimentary Copy
t Issue: 1-31 December, 2023 t Year: 1 t Volume: 17/18 (Joint Edition)

India’s Criminal Justice System

Poised to be the most
MODERN GLOBALLY

Freedom From
VESTIGES OF COLONIALISM

New Criminal Laws

JUSTICE OVER PUNISHMENT

MORE ACCESSIBLE, FAIR & TRANSPARENT

 MINISTRY OF
HOME AFFAIRS

Contents
PM Appeals to Youth to Wed in India 20

A Clarion Call on Climate Change 22

Connecting Cultures: Kashi Tamil Sangamam 24

Khadi: Promoting a Hand-woven Wonder 26

PM Schemes Leave No One Behind 29

Guest Column 30

Cover Story

05 Freedom From Shackles

of Colonialism
18 Criminal Justice System to
Outshine Global Standards
28 Era of Cooperative
Federalism

2 Vigilant India 1-31 December, 2023

 From the Editor

O
ur Parliament has taken a timely step in the interest of the country
by creating three new laws for much-needed value addition to
the criminal justice system. These laws – Bharatiya Nyaya Sanhita
(BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and
Bharatiya Sakshya Adhiniyam (BSA) 2023, are based on the unique
Indian ethos of justice (nyaya) and not punishment, thus matching
the demands of the time. These laws will respectively replace the
colonial-era Indian Penal Code, the Code of Criminal Procedure,
and the Indian Evidence Act. The earlier laws were primarily aimed
at the protection of the British rulers. Now, a new era has begun
which is firmly grounded in the principles of ‘Citizen First-Justice
First-Dignity First’.
The Union Home Minister and Minister of Cooperation, Shri Amit
Balaji Srivastava Shah, while replying to questions in both Houses of Parliament,
Director General, BPR&D highlighted the merits of the three new laws. Mentioning the
example of the erstwhile law on sedition, he emphasised that it
has been removed to make sure that the largest democracy in the
world guarantees freedom of expression, and does not penalise
those who share their views.
The new laws have several notable inclusions such as special
prominence on tackling crime against women and children. They
also streamline procedures for investigating and prosecuting
The ultimate aim of the various crimes and introduce new penal sections addressing
Government is to have terrorism and organised crime. The inclusion of Zero-FIR and e-FIR
a criminal justice system ensuring easy police access and setting a specific timeline for the
that not only protects journey of a case from recording an FIR to filing a chargesheet,
the rights of its citizens, manifest abundantly a commitment to delivery of justice in a time-
but also firmly upholds bound manner.
the Rule of Law. These The ultimate aim of the Government is to have a criminal
laws have been justice system that not only protects the rights of the citizens, but
curated to encourage also firmly upholds the Rule of Law. These laws have been curated
an accountable to encourage an accountable police system by adopting modern
police system. communication tools for investigation. They are also aligned with
the principle of ‘Minimum Government, Maximum Governance’ in
the context of the Hon’ble Prime Minister Shri Narendra Modi’s
steadfast commitment to this canon.
This issue of Vigilant India sheds light on the three new
criminal laws and their likely impact. As your involvement with our
endeavour is important, please send your feedback and suggestions
to [email protected]
 Jai Hind!

1-31 December, 2023 Vigilant India 3

 MINISTRY OF
HOME AFFAIRS

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4 Vigilant India 1-31 December, 2023

Cover Story

,
India s Criminal Justice System

Freedom from
Shackles of
Colonialism

The Union Government

has abolished the old criminal laws.
The intention behind this move is to provide
convenience to people. It was essential for
us to break the shackles of colonialism by
removing the regressive colonial laws.

Shri Narendra Modi

Prime Minister

Bureau

hile addressing the nation from the

W ramparts of the Red Fort on August 15,
Prime Minister Shri Narendra Modi said
that a nation burdened by a colonial legacy must
commit itself to the ‘Panch Pran’ (five pledges). One
of these pledges was the elimination of all remnants
of colonial servitude.
Keeping the Prime Minister’s vision in mind
during the ‘Amrit Kaal’ of Independence, the country

1-31 December, 2023 Vigilant India 5

 Cover Story
MINISTRY OF
HOME AFFAIRS

Speedy Justice
n M
 aximum three years timeframe for dispensing days from the date of framing of the charge.
justice, eliminating prolonged waiting for justice.
n J udgments required to be delivered within 45 days
n Timeline has been added in 45 sections. after the conclusion of the trial.

n If a complaint is given electronically, the e-FIR n S

 anction for prosecution, supply of documents,
is to be registered within three days. committal proceeding, filing of discharge petitions,
framing of charges, pronouncement of judgment and
n T
 he medical examination report for rape cases
filing of mercy petitions has been mandated to be
must be submitted within seven days.
completed within stipulated timelines.
n C
 harges to be framed within 60 days from the
n N
 o more than two adjournments are allowed to be
commencement of the first hearing on charge.
given in criminal proceeding.
n P
 rosecution proceedings against declared offenders
n U
 se of technology for issuance and service of
in absentia should be initiated after completion of 90
summons and deposition of evidence before court
removes unnecessary delay and cost attached to
court proceedings.

Focus on Justice,
not Punishment took a golden step. Three laws
Provision of community service as a mode of governing the country’s criminal
punishment for six offences. justice system were repealed
and three new laws were
In accordance with Indian philosophy of justice.
enacted by the Parliament
Provision of community services for theft of in December 2023.
property worth less than ₹5,000. Breaking the
psychological shackles
Built upon the inherent concept of justice deeply rooted in our civilisation and of colonialism, the
culture, the new laws aim to deliver justice to the citizens of the country. Bharatiya Nyaya
Sanhita (BNS) 2023,
In contrast to the earlier focus of solely punishing the guilty, the term 'justice' is now
the Bharatiya Nagarik
approached with a broader perspective, encompassing both the victim and the culprit. Suraksha Sanhita (BNSS)
Enhance the accessibility, availability, and convenience of the criminal justice system. 2023 and the Bharatiya
Sakshya Adhiniyam (BSA)
A more transparent process, reinforcing the commitment to justice. 2023 replaced the Indian
Penal Code (IPC), the Code
Victim rights are expanded throughout the process and the definition of victim
of Criminal Procedure (CrPC)
has been detached from accused centric approach.
and the Indian Evidence Act
Witness Protection has been explicitly enunciated (IEA) respectively. The purpose
in the new law to bolster justice delivery by of the new laws is to protect and
protecting the witness to depose evidence without any reinforce the concept of justice
rooted in our civilisation.
fear, threat, favour or inducement.
Prime Minister Shri Modi, during
his speech on Independence Day,
also said that the country stood at a

6 Vigilant India 1-31 December, 2023

 Cover Story

Now, a new era will begin

in India’s criminal justice
system, which will be entirely
indigenous. It will operate
according to laws made by
India, for India and by the
Indian Parliament.
Shri Amit Shah
Union Home Minister and
Minister of Cooperation

Addressing Offences against Women & Children

n There are 37 sections addressing crimes against n M
 edical practitioners are mandated to send the
women and children, including 4 new provisions and medical report of a victim of rape to the investigating
various amendments. officer within seven days.
n T
 he offence against woman and child have been n F
 or sexual offences, a woman Magistrate shall
consolidated under a new Chapter-V of the Bharatiya record the statement of the victim, and where a
Nyaya Sanhita, 2023. woman Magistrate is not available, the statement
n G
 ang-rape with girl under 18 years of age is made shall be recorded in the presence of a woman.
punishable with life imprisonment or death. n Hiring, employing or engaging child for committing
n Engaging in sexual activity under false promise or any crime is made punishable.
disguised identity is now considered a criminal act. n O
 ffence of kidnapping, buying and selling of
n V
 oyeurism and assault in order to disrobe a woman child introduces uniform age for both girl and
have been made gender neutral from the accused's boy.
perspective to include person of any gender. n The offence of procuration of minor girl and the
n An adult female family member can now be served offence of importation of girl from foreign country
summons in place of the person summoned who have been made gender neutral to include both girl
cannot be traced. and boy child.

juncture between a thousand years of slavery and a The purpose of the three laws is not to punish, but
thousand years of a new and energised nation. “Now, to deliver justice. In our Indian thought system, justice
we neither have to pause nor live in doubt”, he said. is essentially an umbrella term. The word ‘justice’
The three laws are a fulfilment of the Prime Minister's encapsulates a comprehensive idea that includes both
resolution. the victim, who has suffered the harm as well as the
The laws made by the British before Independence, perpetrator.
reflected a punitive mindset. Now, the new laws reflect The new laws mark the culmination of ‘Azadi ka Amrit
a sense of justice by eliminating the imprints of the Mahotsav’ and signify the dawn of ‘Amrit Kaal’, a time
dark patches of colonial mindset. to forge a truly Independent India. After discussions in

1-31 December, 2023 Vigilant India 7

 Cover Story
MINISTRY OF
HOME AFFAIRS

Directorate of Prosecution
Decisions were made in alignment with Prime Minister Shri Narendra Modi's vision to
eradicate corruption from the justice system.
The provision of a Director of Prosecution is now essential at both State and district levels.
BNSS Section 20 establishes the Directorate of Prosecution, outlining the eligibility,
functions, and powers of various authorities.
Prescribed duties and responsibilities for prosecution officers at different levels aim to ensure optimal coordination.
The provision allows for the potential establishment of a District Directorate of
Prosecution, subject to the State Government's discretion, accompanied by revised criteria for appointing the
Director of Prosecution, Deputy Director of Prosecution and Assistant Director of Prosecution.
The authorities at the district level of prosecution are assigned the duty to expedite the
investigation process and decide on the feasibility of filing of appeals.

Trial in
Absentia Use of Technology
The court will commence trial in n A justice system of unparalleled modernity
absentia against proclaimed offenders after is envisioned, incorporating all emerging
90 days from the framing of charges to
technologies of the next 100 years.
expedite the legal proceedings.
n Comprehensive digitalisation of all stages

Trial in absentia has been introduced to address the cases of to be implemented, spanning from e-FIR to
persons declared as proclaimed offenders. police investigations to court proceedings.
n Digitalisation to include e-records, zero- FIR,
The trial in absentia framework encompasses the entire judicial
e-FIR, summons, notices, and submission of
process—extending from the presentation of evidence to the
documents and trials.
final judgment and determination of appropriate punishment.
n Victims to receive information within 90 days
Fair trial is ensured by providing legal representation through electronic means.
to the proclaimed offender at the State expense as n Forensic procedures mandatory in cases
well as by allowing the absconding individual with a punishment of seven years or more.
to examine the evidence in case he n Mandatory audio-video recording to cover
appears during the trial.
the entire process of search and seizure.
n e-Bayan will be introduced for the electronic

statement of rape victims, and e-Appearance

the Rajya Sabha on the proposed laws, the Union Home will facilitate the presence of witnesses,
Minister and Minister of Cooperation, Shri Amit Shah, accused, experts and victims through
said that discussions, consultations and deliberations
electronic means.
for changes in these laws had been underway since
n Audio-video recordings of processes and
August 2019. “It is not just the names of the laws that
have been changed, but there has been a fundamental proceedings will be presented in court as
transformation in their objectives,” he said. evidence.
Responding to queries that many are questioning

8 Vigilant India 1-31 December, 2023

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Boosting Provisions Related to

Forensics Reclassification of Courts
Promotion of scientific Uniform justice system throughout the country.
methods in investigation. Speedy delivery of justice as well as coordination in
Infrastructure in States/UTs to be the justice system, with introduction of timelines.
ready in five years. Decision within 45 days after
Building labs at various places to completion of arguments.
strengthen the forensic infrastructure. The elimination of positions such as third class
In all offences carrying a punishment of Judicial Magistrate, Metropolitan Magistrate and
Assistant Sessions Judge has led to reclassification,
seven years or more, the new laws
resulting in four distinct categories of judges.
mandate collection of forensic evidence.
The revised classifications include Judicial Magistrate
The target of achieving 90%
of the first class (inclusive of Chief Judicial Magistrate or
conviction rate has been set.
Additional Chief Judicial Magistrate), Judicial Magistrate of
the second class, Sessions Judge, which includes Additional
Sessions Judge, and Executive Magistrate.
The limit of imposing fine by a Magistrate has been
increased to maximum of ₹50,000.
the need for the new laws,
Shri Shah said that such people These two classes of Magistrates have also been empowered to
do not understand the meaning impose community service as a form of sentence.
of ‘Swaraj’. “Swaraj does not Police report can be accepted without the accused person
only mean ‘self-governance’. The being arrested and presented in Court.
word ‘Swa’ is not just connected Magistrates are empowered to direct any person to give
to ‘governance’. Swaraj also means their handwriting, fingerprints and voice samples without
advancing ‘Swadharma’ and ‘Swabhasha’, necessitating their arrest.
by promoting ‘Sanskriti’ and establishing
‘Swashasan’. Mahatma Gandhi did not fight
only to free us from British rule”, he said.
The Home Minister further said, "Since 2014, Prime Mob-lynching
Minister Modi Ji has worked to awaken the great soul n Mob-lynching has been defined for the first time.
of this country that has become the reason for India’s n Murder/serious injury motivated by race, caste,
monumental rise in every field.”
community, gender, place of birth, language etc.
Earlier, while introducing the three bills in the Lok
under mob-lynching.
Sabha on August 11, Shri Shah said that from 1860 to
n Provision of seven years of imprisonment for
2023, the criminal justice system of India continued to
be operated on the basis of laws made by the British causing serious injury.
Parliament, but now those three laws would be replaced n Life imprisonment/death for causing mob-
by imbibing the Indian soul, which would bring about a lynching.
major change in our criminal justice system.
Shri Shah said that a total of 313 changes have
been made in the old laws, which would bring a children to ensure that criminals in such cases are
widespread change in the criminal justice system. For punished properly. Provisions have also been made to
instance, he pointed out that now victims would be prevent the police from misusing their powers.
able to get justice within a stipulated time of three “On one hand, the law on sedition has been
years. He informed that special care has been taken repealed, and on the other, provisions have been made
for provisions dealing with crimes against women and to punish heinous crimes such as deceiving woman,

1-31 December, 2023 Vigilant India 9

 Cover Story
MINISTRY OF
HOME AFFAIRS

mob-lynching, organised crimes and terrorism”, Shri

Shah said. He added, “Now, these three laws will be
established in place of the old ones, embodying the Organised Crime
Indian spirit, which will bring a significant change in
n Eliminate inter-state gangs, and inter-state
our criminal justice system”.
gangs associated with terrorists.
It is worth mentioning that the process behind
nA
 n additional provision addressing organised
the creation of these laws has been quite extensive.
In order to customise the laws for the present times, crime is incorporated into the new laws,
the Union Government wrote letters in August 2019 marking the first definition of organised crime
to all the judges of the Supreme Court, chief justices in Bharatiya Nyaya Sanhita.
of High Courts and law universities across the country. nT
 he law now penalises illegal activities
In 2020, letters were sent to Members of Parliament, conducted by syndicates, encompassing
Chief Ministers, Governors, Lieutenant Governors and offences such as land grabbing, contract
Administrators of Union Territories. Furthermore, 18 killing, economic offences, cyber crimes,
States, 6 Union Territories, the Supreme Court, 16 High trafficking in human, drugs, weapons.
Courts, 5 judicial academies, 22 law universities, around n Various aspects of organised crime have
270 MLAs and the public have given their suggestions
also been penalised such as abetment,
on these new laws. The Union Home Minister himself
conspiracy, attempt, membership, harbouring
was present in as many as 158 consultation meetings.
or concealing an offender and possessing
Speaking about the new laws, Union Home
Minister Shri Shah said that everyone was familiar with property derived from organised criminal
the menace of terrorism, but there was no definition activity.
of terrorism as such. “Now, the situation is bound n The newly introduced offence of ‘petty

to change. For the first time, crimes such as armed organised crime’ encompasses activities of
rebellion, destructive activities, secessionism and theft, snatching, cheating, unauthorised selling
challenges to India’s unity, sovereignty and integrity of tickets and public examination question
papers, unauthorised gambling and betting, etc.
by any gang or group.
nC  ross-border crimes.
nD efrauding public at large or banking/
Victim-centric financial institutions are punishable.
nP
 ossession of property derived or
Victim gets a chance to express his/her views. obtained from organised crime is
Right to Information and Right to Compensation for loss. an offence.

Zero-FIR has been institutionalised, now an FIR

can be filed anywhere.
have been defined. There is
Victim entitled to a copy of the FIR and possess the right to be
also a provision to confiscate
informed about the progress of the investigation within 90 days.
properties of people who resort
The accused-centric approach in defining the term ‘victim’ to such crimes”, he said.
has been removed in the new law. Notably, a historic decision
has been made regarding trials
Victim entitled to receive police documents.
in absentia. A trial can now be
Victim's right to participation has been recognised conducted to pronounce a sentence
at the stage of withdrawal of prosecution. in the absence of the fugitive, no
matter wherever in the world he/she has
absconded to. Such persons would have to
come to the refuge of Indian laws and courts to

10 Vigilant India 1-31 December, 2023

 Cover Story

appeal against the sentence. The provision of using

advanced technologies has also been incorporated in
the new laws. The definition of documents has been
expanded to include electronic or digital records,
e-mails, server logs, computers, smartphones, laptops, Accountability
text messages, websites, locational evidence, mails
and messages available on devices, which can be of the Police
used in the courts. A provision has also been
Mandatory videography during search and seizure.
made to digitise the entire process from FIR to
case diary, case diary to chargesheet and from
Provision for maintaining records of arrested persons at
chargesheet to judgement. Earlier, video
conferencing was allowed for the accused every police station-level has been introduced.
in place of physical appearance in the
court. But now the entire trial, including For imprisonment less than three years, and if
cross examination, may be done through the arrested person is above 60 years or infirm,
video conferencing. The examination of prior permission of an officer of Dy SP rank
complainant and witnesses, investigation or above is mandatory.
and recording of evidence in trials and
entire appellate proceedings will now be Over 20 sections have been introduced to
possible digitally. enhance police accountability in arrest, search,
Similarly, audio-visual recording has seizure and investigation.
been made mandatory at the time of search
and seizure, which will be part of the case, The provision for a preliminary inquiry has
been introduced for the first time.

Sedition In non-cognisable cases, the daily diary

Decriminalised report of all such cases to be forwarded

to the Magistrate fortnightly.
n The offence of sedition, considered one
of the most potent tools of colonial
suppression, has been abolished.

n Stringent penalties have been introduced thereby saving innocent citizens from being implicated.
for anti-national activities. No chargesheet will be valid without such recordings
by the police, Shri Shah added.
n Activities against the sovereignty and
Noting that the conviction rate is often quite low
integrity of India can now result in due to the absence of proper evidence, provisions
imprisonment for up to seven years or life. have been introduced to mandatorily use forensic
n The IPC did not mention 'intent or science tools. An important provision has been made
purpose', but the new law includes 'intent' where the forensic team needs to visit the scene of
in the definition of treason, providing crime compulsorily for offences that are punishable for
safeguards for freedom of speech and seven years of imprisonment or more. This move will
expression.
enable the police to gather scientific evidence, after
which the chances of acquittal of culprits in courts will
n Mere showing disaffection to the be significantly reduced. The Union Home Minister
Government or contempt/hatred towards also said that there would be three mobile forensic
the Government is no longer a criminal act science laboratories in every district.
under the new law. In cases of sexual violence, radical changes have
been incorporated in the new laws. Recording the

1-31 December, 2023 Vigilant India 11

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MINISTRY OF
HOME AFFAIRS

Terrorism
For the first time,
a terrorist act has been defined
clearly and made a punishable offence.

A terrorist act is punishable with death

sentence or life imprisonment.

Actvities such as damage or destruction of property,

disruption of supply of essential sevices, damage to
monetary stability of India, and destruction of any
property in India or abroad used for defence of
India are covered in terrorist act.

Acts such as organising camps for imparting training

in terrorist act, recruiting any person for commission
of terrorist act, and being member of terrorist
organisation made punishable.

Possessing property derived or

obtained from terrorist act is
made punishable.

A New Approach to
Appreciation of Evidence
The Bharatiya Sakshya Adhiniyam, 2023, has expanded the definition of documents
to include electronic or digital records, emails, server logs, and documents available on
computers, messages and locations on smartphones or laptops, websites as evidence.

Considering electronic and digital records as primary evidence, emphasising

proper custody, storage, transmission, and broadcast.

More types of secondary evidence, including oral and written confessions and expert testimony,
have been added for documents that cannot be easily verified by the court.

The legal acceptability, validity, and enforceability of electronic or digital

records as evidence have been established.

Electronic record being presented in court as secondary evidence now requires an additional
certificate of an expert to establish its veracity.

The scope of primary evidence has been significantly expanded to include various
forms of stored, transmitted, transferred or broadcast electronic records.

12 Vigilant India 1-31 December, 2023

 Cover Story

Expediting the Judicial Process

n M
 andatory summary trials are now required for n A
s many as 45 sections have been added with

minor and less serious cases. timelines to enable speedy delivery of justice.
n M
 agistrates are empowered to conduct summary n e
-FIR must be placed on record within three days

trials in cases that involve imprisonment up to by a person filing a complaint through electronic
three years. communication.
Decisions regarding sanction for prosecution against
n  n A
fter the conclusion of a trial in any criminal court,

civil servants must be made within 120 days. the pronouncement of the judgment will not take
n A
 timeline has been set for initiating criminal
more than 45 days.
proceedings, proceedings before a magistrate, n D
ischarge provision has been introduced in

framing of charges, plea bargaining, appointment of summon cases.

public prosecutors, trial, bail, judgment, sentencing, n T
imeline has been prescribed for making discharge
and mercy petitions, etc. application, charge framing, etc.

statement of the victim in cases of sexual violence has Under the new laws, while conducting trials
been made mandatory. against Government employees or police officers,
For the first time, a provision has been made to the Government must decide on giving sanction for
criminalise sexual intercourse on the basis of false prosecution within 120 days; otherwise, it will be
promises of marriage, employment and promotion. In deemed as permitted and the trial will commence.
all cases of gang-rape, a provision of 20 years of life The appearance of the former officials in the court
imprisonment has been made. In the case of gang- will not be required and the successor-in-office may
rape of girls below 18 years of age, the provision of appear before the court.
death penalty has also been included. Statements of
rape victims are, as far as possible, to be recorded by a
lady Judicial Magistrate.
The police will be required to provide the status
of the investigation within 90 days at the initial stage Undertrial Prisoners
to the victim. Without hearing the victim, no case by
n T
he maximum period of detention for a
the Prosecutor can be withdrawn, thus protecting the
first-time offender has been reduced.
rights of the victims.
For the first time, community service is being n A
 person who has committed a crime for
introduced as a form of punishment under the new the first time and has served 'one-third
laws. The scope of summary trials has also been of the maximum imprisonment' will be
expanded for minor cases. Now, crimes carrying a released on bail by the court.
sentence of up to three years imprisonment will be
n I
n such cases, the Jail Superintendent
included in summary trials. This single provision will
result in resolving over 40% of cases in the courts itself. must immediately apply in writing to the
Courts will now be obligated to issue a notice to court, for bail.
the accused and frame charges within 60 days. The n R
elease on bail will not be available for
judge will have to deliver the verdict within 45 days of undertrial prisoners in cases carrying life
completing the arguments, ensuring that decisions are imprisonment or death sentence.
not kept pending for years. Further, the verdict must
be made available online within seven days.

1-31 December, 2023 Vigilant India 13

 Cover Story
MINISTRY OF
HOME AFFAIRS

Witness Protection Measures against

n P
rovisions of witness protection have been

n T
included in the new laws.
he core of the new laws is the protection
Declared Criminals
of Constitutional rights of citizens as well In instances involving
as their human rights. imprisonment of 10 years or more,
n M
 andates the preparation and life imprisonment, or the death penalty, the
notification of a witness protection absconder can be declared as a proclaimed offender.
scheme by every State.
n A
 Witness Protection Scheme serves The recent legislation introduces a new provision
as a safeguarding mechanism, fostering allowing the attachment and confiscation of
an environment where witnesses can assets located outside India in cases involving
contribute to the legal process devoid of proclaimed offenders.
fear or duress.
n T
he duly approved Witness Protection In-absentia trial is introduced to proceed
Scheme 2018 by the hon’ble Supreme against proclaimed offenders.
Court in Mahendra Chawla vs Union of India
provides a comprehensive framework for
the States.
n S
tate Governments to prepare and notify
Witness Protection Scheme to ensure
laws have provision for punishment in mobile phone
safety of witnesses.
or chain-snatching cases.
The Union Home Minister said that in the old laws,
there was provision for punishment of seven years
imprisonment in both the cases of grave injury and
minor injury. Under the new laws, provision has been
made for punishment of 10 years or life imprisonment
Community Service in cases of permanent disability or if the victim is left
as Punishment in a vegetative state. The punishment for offences
against children has been increased from seven years
n C
ommunity punishment for minor crimes to 10 years. There were many cases where sentences
in accordance with Indian philosophy of were pardoned for various reasons, but under the
justice. new laws, death penalty can only be changed to life
imprisonment, life imprisonment to a minimum of
n C
ommunity services included in six crimes. seven years jail and sentences carrying seven years
n P
rovision of community services for thefts imprisonment to a minimum of three years in jail, but
of property worth less than ₹5,000.
no culprit will be spared.
It is noteworthy that on October 15, Prime Minister
Shri Modi, while addressing the inaugural session of
the All India Conference of Law Ministers and Law
Secretaries, had highlighted the importance of a
reliable and swift justice system to create a healthy
In addition, a new provision of attachment and confident society in a developing country such as
of properties of proclaimed offenders has been India. The justice system and various processes and
added. A new provision of different types of harsh traditions within every society are evolving according
punishments against inter-state gangs and organised to the needs of the time. When justice is seen to
crimes has also been included in the new laws. be served, the trust of the citizens in constitutional
For mob lynching cases, life imprisonment and institutions is strengthened and when justice is
death penalty have been included. Also, the new delivered, that trust is solidified.n

14 Vigilant India 1-31 December, 2023

 Cover Story

Removing Colonial Imprints

F ramed in the 19th Century, the old laws were

enacted to fortify and uphold British dominance.
They were debated in the British Parliament and
of Justice, United Kingdom of Great Britain and
Ireland, Queen’s Printer, Commonwealth, Her
Majesty’s Dominions, etc. They have been
not in India. When the old criminal laws were removed in the new laws. Traditional legal
made no Indian leaders were consulted. titles such as ‘barrister’, ‘pleader’ and
The essence of the new laws is centred on ‘vakil’ have been updated to ‘advocate’.
safeguarding the rights granted to Indian citizens Additionally, outdated terminologies
by the Constitution of India. Crafted such as ‘metropolitan area’ has been
with the spirit of Indian ethos, these discarded. Terms considered
three laws are poised to bring derogatory or demeaning
about a significant transformation such as ‘idiot’, ‘lunatic’
in our criminal justice system. and ‘mental retardation’,
The three old laws, tainted have been updated to
by the spectre of colonialism, more respectful terms
were originally imposed by the such as ‘intellectual
British Parliament and were disability’ and ‘unsound
merely adopted by India after mind’, aligning with
Independence. the Mental Healthcare
The old criminal laws used terms Act, 2017. These changes
such as Parliament of the United signify the shedding of the
Kingdom, Notification by the Crown British legacy, removing
Representative, London Gazette, the symbols of colonial
Possession of His Majesty, Jury, subjugation.
Her Majesty, Privy Council, Court

Promoting Technology
The new laws promote digitalisation
and emphasise e-FIRs.

Police officers must provide information to victims through digital means within 90 days.

Promoting forensics, mandatory visits to crime scenes, and mandatory videography for
collecting evidence in cases with sentences of seven years or more.

The entire process of police search or seizure of any property must be videographed through electronic devices.

Statements of rape victims to be recorded in audio-video mode.

Appearance before court can be done by the use of audio-video electronic means.

Audio-video recording of all search and seizure processes.

Use of audio-video conferencing modes for deposition of evidence

by the accused, victim, and witnesses.

Leveraging technology for service of summons and

electronic supply of documents.

1-31 December, 2023 Vigilant India 15

 Cover Story
MINISTRY OF
HOME AFFAIRS

Search & Seizure Disposal of Property

The procedure of search and Since a large number of case properties are lying in police
seizure by the police will rely on stations, new provisions have been made for the their swift
technology. The entire process of disposal. After creating a description of the property by
searching or acquiring evidence the court or magistrate and photographing/videographing
will be videographed through of such property, they can be used as evidence in any
electronic devices. The records investigation, inquiry, trial, or other proceedings. Orders
will be sent to the magistrate will be given for the disposal, destruction, confiscation
without any delay. or delivery of the said property within 30 days of taking
photographs/videos.

Books Throw Light on New Criminal Laws

A few publication
groups took initiative to
disseminate information
about the three new
criminal laws to the public
in a short span of time.
Union Home Minister and
Minister of Cooperation,
Shri Amit Shah, praised
the publication firms for
presenting books on the
three new criminal laws
to him. On social media
platform X (formerly
Twitter), he said that
the books threw light
on the new laws in clear
and lucid language. The
books highlight the Union
Government's approach
and focus on fair and quick
justice delivery system. The books include user-friendly comparative references for easy understanding of
the new provisions in comparison to the old laws. There was a concern that understanding the new laws
would take a lot of time after their enactment, but that is not the case. The new laws have been drafted
in simple and easy language so that they can be understood without difficulty.

16 Vigilant India 1-31 December, 2023

 Cover Story

New Criminal Laws: Salient Features

l The Bharatiya Nyaya Sanhita (BNS) 2023, replacing providing the police with scientific evidence that will
IPC, has 358 sections instead of the earlier 511 sections, greatly reduce the likelihood of the accused being
175 sections have been changed, 10 new sections have acquitted in court.
been added and 19 sections repealed. l In cases of sexual violence, video recording of the
l The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, victim's statement is now required.
which replaced CrPC, has 531 sections, 177 sections l Police will give the status of the investigation within
have been modified, 9 provisions added and 11 sections 90 days to the victim.
have been deleted.
l A time limit of 90 days is fixed for filing supplementary
l The Bharatiya Sakshya Adhiniyam (BSA) 2023, chargesheet during trial and depending on the
which replaced the Indian Evidence Act, 1872, has 170 situation, the court can further give permission for 90
sections instead of the earlier 167. As many as 23 more days.
sections have been changed, 2 new section has been
l The scope of summary trials in minor cases has been
added and 11 sections have been repealed.
expanded, it now includes offences with up to three
l The entire process—from first information report to years of imprisonment. This provision alone will
case diary, from case diary to chargesheet, and from eliminate over 40% of cases in the courts.
chargesheet to the delivery of justice—will be digitised.
l Provision of the death penalty has been included in
l The presence of a forensic team at the crime scene cases involving gang-rape of girls under 18 years of
for offences with a punishment of seven years age, and provisions for life imprisonment and death
imprisonment or more has been made mandatory, penalty have been made for mob-lynching cases.

1-31 December, 2023 Vigilant India 17

 Cover Story
MINISTRY OF
HOME AFFAIRS

India’s Criminal Justice System

to Outshine Global Standards

Prior to the formulation of the new criminal laws, the Union Government had successfully
connected 16,733 police stations through online platforms, all managed by a unified software.

Bureau criminal justice system. He underscored the need

for the justice system to align with the spirit of the
he Union Home Minister and Minister of Constitution of India and adapt to contemporary
T Cooperation, Shri Amit Shah, spoke about
the new criminal laws at the Cyber Operation
technology. He stressed the importance of creating
essential infrastructure to facilitate this adaptation,
and Security Centre in Chandigarh on December 22. ensuring that the entire country’s justice system, from
Shri Shah emphasised that under the leadership connectivity to hardware, is well-equipped.
of Prime Minister Shri Narendra Modi, the country’s According to the Union Home Minister, these
Parliament has passed three significant bills poised laws establish the foundation for a comprehensive
to bring about transformative changes in the nation’s and foolproof judicial system, interconnecting key

18 Vigilant India 1-31 December, 2023

 Cover Story

components such as police stations, courts, jails,

forensic laboratories, prosecutors’ offices and
secretariats. He asserted that the full implementation
of these laws would streamline the resolution of
criminal cases across the country, ensuring that the
whole process does not exceed three years.
Shri Shah highlighted that extensive consultations
were conducted with various stakeholders, followed by
the submission of the proposed legislation to the Home
Ministry committee. Subsequently, incorporating the
suggested amendments, comprehensive laws were
formulated and presented in the Parliament.
The Union Home Minister said that under the
leadership of Prime Minister Shri Modi, India is
dedicated to steer its criminal justice system based on
indigenous principles. He emphasised the readiness of
India’s criminal justice system to make a leap from the
Before the end of December 2024,
19th Century directly into the 21st Century.
there will be the establishment of
Shri Shah asserted that upon the enactment of
infrastructure, software deployment,
these laws, India’s criminal justice system would
emerge as the most modern in the world. He outlined human resources training and the
plans for infrastructure, software development, human comprehensive computerisation of
resources training and complete computerisation of courts to facilitate the implementation
courts by December 2024 in all the Union Territories for of these three laws across all UTs.
the implementation of the three laws. He mentioned Shri Amit Shah, Union Home
that the Modi Government had already initiated this Minister and Minister of Cooperation
process through Crime and Criminal Tracking Network
and System (CCTNS) and Interoperable Criminal
Justice System (ICJS). He announced the development
of a detailed time-bound programme to prepare the implementation of the three new laws.
Union Territory (UT) Chandigarh as a pilot, for the full Shri Shah noted that prior to the formulation
implementation of these laws. of these laws, the Modi Government
The Union Home Minister had successfully connected 16,733
specified a time-bound police stations through online
programme for the elimination platforms, all managed
of terrorism and organised The Union Home Minister
by a unified software.
crime, the establishment and Minister of Cooperation, Shri
He highlighted that
of the Directorate Amit Shah, said that under the leadership 22,000 courts across
of Prosecution and of Prime Minister Shri Narendra Modi, India is the nation had
addressing loopholes committed to running its criminal justice system transitioned into
in CCTNS and ICJS. with Indian ideas and ethos. India's criminal e-courts, managing
He further indicated data of two crore
justice system is also ready to take a leap from
that meetings would th st prisoners through
the 19 Century to the 21 Century. He said
be held in all the e-prison, over one
that after the implementation of these
Union Territories before crore prosecutions
laws, our criminal justice system will
January 31, 2024, and through e-prosecution
by December 22, 2024, become the most modern in
the world.
and processing 17 cases via
all Union Territories would e-forensic.n
be fully prepared for the

1-31 December, 2023 Vigilant India 19

 Global Investors Summit
MINISTRY OF
HOME AFFAIRS

PM Appeals
to Youth to
Wed in India
Bureau

rime Minister Shri Narendra Modi

P inaugurated the Uttarakhand Global
Investors Summit 2023 at the Forest
Research Institute (FRI) in Dehradun on December
8. The summit aimed to position the hill state as a
prominent investment hub.
Prime Minister Shri Modi appealed to the rich,
the affluent and the youth to initiate the movement
‘Wed in India’ along the lines of ‘Make in India’. He
requested them to perform and organise at least
one marriage ceremony in Uttarakhand in the next
five years. “Even if 5,000 weddings take place in
one year in Uttarakhand, a new infrastructure
will come into place and transform the State into
a wedding destination for the world”, he said,
highlighting the potential of the State.
The Prime Minister also visited an
exhibition, launched a book titled ‘Strong
Uttarakhand’ and introduced the local brand
‘House of Himalayas’. Expressing his deep
connection with Uttarakhand, Shri Modi
said the unique blend of spirituality and
development has ushered in an atmosphere
of well-being across the hill State. In his
address, he also announced the launch of
the ‘Lakhpati Didi’ campaign, aiming to
empower two crore rural women and help

20 Vigilant India 1-31 December, 2023

 Global Investors Summit

them become ‘lakhpatis’.

The Prime Minister highlighted the swift progress
In the past one decade, an
and developmental works that are taking place in
aspirational India has taken shape.
Uttarakhand. He expressed confidence that India
A substantial segment of the
would soon ascend to the third-largest economy
population, previously deprived and
globally.
The Prime Minister criticised past strategies that grappling with various challenges, is
limited access to the border areas. He lauded the now accessing new opportunities.
efforts of the Government to transform the entire Shri Narendra Modi
region and elaborated on the Aspirational Districts and
Aspirational Block programmes, focusing on villages
Prime Minister
and areas that lag behind in development.
Prime Minister Modi also talked about the
untapped potential of Uttarakhand, urging investors
to capitalise on the opportunity. He highlighted the
collaborative efforts of the State Government, which
is addressing local realities. He also spoke about the
Union Government's unprecedented investments in
the State.
The Prime Minister spoke on the improved
accessibility to Char Dham from rural areas,
envisioning a future where the travel time between
Delhi and Dehradun would be reduced to 2.5 hours.
The expansion of Dehradun and Pantnagar airports
is set to enhance air connectivity, complemented by
the growth of heli-taxi services and strengthened rail
connectivity. These developments are generating new
opportunities, the Prime Minister said. remarked that the current era is unparalleled for the
Concluding his speech, the Prime Minister country, its businesses and its investors. n

1-31 December, 2023 Vigilant India 21

 COP28
MINISTRY OF
HOME AFFAIRS

A Clarion Call
Developed nations told to eliminate
their carbon emissions by 2050

Bureau the United States, Great Britain, Germany, India and

the United Arab Emirates, the framework advocates for
he COP28 UAE Leaders’ Declaration on the climate-resilient debt provisions, exploration of climate
T Global Climate Framework recognised the
imperative to enhance the resilience of the
debt swaps and increased utilisation of sustainability-
linked bonds as strategies to address these shocks.
international financial system against the severe impact On December 1, Prime Minister Shri Narendra
of climate change. Endorsed by 13 nations, including Modi took part in the COP28 presidency session on

22 Vigilant India 1-31 December, 2023

 COP28

“Transforming Climate Finance” held in Dubai, United

Arab Emirates. The primary aim of this initiative was to
enhance the accessibility, availability and affordability
of climate finance for developing nations. Presently,
regional climate foundations have been established
across various regions, including the United States,
Europe, China, India, Indonesia, Africa, Brazil, Australia,
and Mexico, significantly contributing to the global
discourse on climate.
The substantial involvement of civil society
organisations from the Global South at COP28 endorsed
the role of regional climate foundations in enhancing
the capabilities of climate-focused civil societies within
their respective regions. Worldwide, climate change
has evolved into an urgent focal point for cooperation,
extending beyond climate science, encompassing
financial matters and global trade.
During his address, the Prime Minister advocated
for active discussions on issues pertaining to climate
finance. He highlighted the progress made in the
new collective quantified target for climate finance,
the replenishment of the Green Climate Fund and
Adaptation Fund and the facilitation of affordable
finance by Multilateral Development Banks (MDBs) for
climate action. Additionally, Shri Modi emphasised on
the imperative for developed countries to eliminate
their carbon emissions before the year 2050.
The significance of climate change negotiations We have to take a solemn
was apparent during the COP28, which was held from
pledge and make sure that every
November 30 to December 12. This major global event
drew the participation of heads of state and senior country fulfils its climate targets. We have
government leaders from 140 countries, along with to work together to meet the targets.
over 80,000 attendees and more than 5,000 media Shri Narendra Modi
representatives. The event witnessed the adoption Prime Minister
of the ‘United Arab Emirates Declaration on a New
Global Climate Finance Framework’ by global leaders.
The declaration encompasses commitments to fulfil,
achieve ambitious outcomes and expand concessional Climate Fund, stood at approximately US$85 billion.
finance sources for climate action. The Green Credits scheme has been crafted as a
In his address, Prime Minister Shri Modi voiced the mechanism to incentivise voluntary actions aligned
concerns of the Global South and underscored the with the well-being of the Earth, presenting an effective
urgency of providing implementation tools, particularly response to the challenge of climate change. It envisions
climate finance, to developing countries to meet the issuance of green credits for afforestation on barren
their climate goals and implement their Nationally lands and in river catchment areas to rejuvenate and
Determined Contributions (NDCs). He also welcomed restore natural ecosystems. Simultaneously, an online
the operationalisation of the Loss and Damage Fund platform (https://ggci-world.in) was introduced during
and the establishment of the UAE Climate Investment the event, serving as a repository of policies and best
Fund. The total pledged amount spanning areas such practices aimed at promoting environmentally friendly
as finance, energy, lives and livelihoods and the Green actions.n

1-31 December, 2023 Vigilant India 23

 Ek Bharat Shreshtha Bharat
MINISTRY OF
HOME AFFAIRS

Kashi Tamil Sangamam

Connecting Cultures
Bureau Subramania Bharati, the Prime Minister remarked that
the essence of Kashi Tamil Sangamam is transcending
he Kashi Tamil Sangamam 2.0, held on boundaries, spreading its influence across the nation
T the sacred banks of the Ganga river in
Varanasi, showcased the vibrant hues
and the globe.
Emphasising on the significance of the Kashi Tamil
of two ancient cultures of India and imparted a Sangamam, the Prime Minister highlighted the ethos of
profound message to the global community. Prime ‘Ek Bharat Shreshtha Bharat’. He noted that a similar
Minister Shri Narendra Modi, emphasised the motto sentiment guided the hosting of the Kashi Telugu
of ‘Vasudhaiva Kutumbakam’, and presented a vision Sangamam and the Saurashtra Tamil Sangamam. The
of a developed and prosperous India to the world. emerging tradition of commemorating statehood days
The cultural confluence was vividly displayed and of different states in the Raj Bhavans nationwide further
comprehended through cultural events and dialogue fortifies the spirit of ‘Ek Bharat Shreshtha Bharat.’
for a fortnight from December 17 to 30. In line with the theme of ‘Ek Bharat Shrestha
Prime Minister Shri Modi visited the Namo Ghat Bharat’, Prime Minister Shri Modi also referred to the
in Varanasi, while inaugurating the second edition of installation of the Holy Sengol in the new Parliament
the Kashi Tamil Sangamam on December 17. He said, House. He said that the sentiment of ‘Ek Bharat
''Seekers found solace by taking a dip in the faith-laden Shrestha Bharat’ is deeply influencing the soul of our
waters of the Ganga here." nation today.
Drawing inspiration from Tamil poet and reformer The Prime Minister recognised that India’s

24 Vigilant India 1-31 December, 2023

 Ek Bharat Shreshtha Bharat

The Kashi Tamil

Sangamam carries forward the
spirit of ‘Ek Bharat Shrestha Bharat’.
The same sentiment was behind organising
the Kashi Telugu Sangamam and Saurashtra
Tamil Sangamam. The relation between Kashi
and Tamil Nadu is both emotional and
creative. India’s identity as a nation is
rooted in spiritual beliefs.
Shri Narendra Modi
Prime Minister

diversity is ingrained in its spiritual fabric, invoking the

words of the great Pandyan king Parakrama Pandyan,
who asserted that every water in India is akin to the
Ganga and every corner of the country is equivalent to
Kashi. Reflecting on a historical period when religious
places in North India faced continuous attacks from
foreign invaders, the Prime Minister highlighted King
Parakrama’s efforts to preserve Kashi’s heritage through
the construction of temples in Tenkasi and Sivakasi in
Tamil Nadu. The Prime Minister also inaugurated the
Kashi Tamil Sangamam Express train (Kanyakumari
to Kashi) and unveiled multilingual as well as Braille
translations of revered Tamil literary works such as the
Thirukkural and Manimekalai.
Prime Minister Shri Modi acknowledged that the
primary objective of the event was to rejuvenate
the ancient ties between Tamil Nadu and Kashi.
Various groups of classical and folk artistes, writers,
entrepreneurs, farmers and religious leaders from
Tamil Nadu attended the event, witnessing the
cultural consciousness and social harmony of Varanasi
dedicated to ‘Adidev Mahadev’.
The guests praised Tamil Nadu’s rich culture, society through advancements in commerce, travel, and
societal cohesion and devotion to Shiva. The event science. This ongoing evolution has been a continual
sparked discussions on the millennia-old relationship feature of Kashi throughout the ages. An intriguing
between Tamils and the world’s oldest living city. facet of this is the centuries-old connection between
Renowned for its shared heritage, the country Varanasi and Tamil Nadu, a bond that becomes more
consistently mirrors the traits of contemporary Indian apparent in the Kashi Tamil Sangamam.n

1-31 December, 2023 Vigilant India 25

 Swadeshi Push
MINISTRY OF
HOME AFFAIRS

Khadi: Promoting a
Hand-woven Wonder

Bureau
If every family in the country buys
hadi is a multidimensional and multipurpose
K concept. The Khadi Mati Kala Mahotsav is an
innovative idea promoted by Prime Minister
Khadi products, the number of
unemployed people in the country
will decrease considerably.
Shri Narendra Modi to popularise Khadi. The concept
of Khadi was first introduced by Mahatma Gandhi, Shri Amit Shah, Union Home
who connected it with the Independence movement. Minister and Minister of Cooperation
Through Khadi, Gandhiji sought to promote self-
reliance and provide employment to all those living
in poverty. He also gave a nationwide call to boycott
foreign clothes to awaken the spirit of ‘Swadeshi’ and one of the fastest-growing economies in the world. He
ignite the urge for ‘Swaraj’ (self-rule) by spreading it to said that amidst this economic development, steps are
every village. also being taken to make the economy more inclusive.
Prime Minister Shri Modi has not only revitalised He said that tripling the turnover of Khadi means
the idea of Khadi but also popularised it among providing employment to lakhs of people, making them
the common people. To promote the idea of Khadi, self-reliant. “This brings confidence, self-reliance and
he further articulated the notion of Swadeshi for happiness to lakhs of lives”, he said.
employment under the slogan ‘Vocal for Local’. The Union Home Minister expressed joy on the fact
On December 2, the Union Home Minister and that the Khadi industry has made significant progress
Minister of Cooperation, Shri Amit Shah, addressed the in the last nine years ever since Shri Modi became the
Khadi Mati Kala Mahotsav in Ahmedabad, Gujarat. Prime Minister. He said that the turnaround happened
Shri Shah said that due to the foresight of the Prime because of the priority given by the Prime Minister to
Minister, the once-dilapidated Khadi industry is now popularise the sector. As a result, in 2022-23, the total
reaching new heights. turnover of Khadi exceeded ₹135,000 crore. At least
The Union Home Minister gave credit to the one lakh people have benefitted and are now living
leadership of Prime Minister Shri Modi for making India with dignity, Shri Shah added.n

26 Vigilant India 1-31 December, 2023

 Convocation Ceremony

,
Echoing Sardar Patel s Vision
Bureau

eflecting the enduring vision of Sardar

R Vallabhbhai Patel and the Government of
India’s resolute commitment to unity, the
Union Home Minister and Minister of Cooperation, Shri
Amit Shah, addressed the 66th convocation ceremony
at the Sardar Patel University in Vallabh Vidyanagar in
Anand, Gujarat, on December 16.
Against the backdrop of the Azadi ka Amrit
Mahotsav, the Union Government’s focus on inclusivity,
development and the empowerment of the youth has
taken centre stage, mirroring the ideals cherished by
the first Home Minister of the country.
Union Home Minister Shri Shah emphasised on
the role played by Sardar Patel in shaping the destiny
of India. He highlighted how Sardar Patel’s vision and
tireless efforts were instrumental in uniting the diverse
Princely States, laying the foundation for the strong and
unified India we know today.
Shri Shah talked about the profound impact that
Sardar Patel had on the post-Independence era. He
said that without him, the very existence of the nation
would have been in question. “Following the departure
of the British, there were widespread concerns that
India might disintegrate, but Sardar Patel worked
relentlessly to unite the country by integrating 562
Princely States”, he said.
The Union Home Minister emphasised that the
annexation of Jodhpur, Junagadh, Hyderabad and
Lakshadweep can be attributed to the visionary efforts
of Sardar Patel. tourist attraction. He spoke about Prime Minister Shri
Reflecting on the horrors and hardships of Modi’s vision of building a Developed India and setting
Partition in 1947, Shri Shah highlighted Sardar Patel’s the goal for the country to excel in every field by 2047,
commitment to protect refugees across the nation. He when the country celebrates the centenary year of
credited him for laying the groundwork for the inclusive Independence.
and diverse India that we see today. Shri Amit Shah acknowledged the achievements of
The Union Home Minister also praised Prime 106 students who received gold medals, with 62 of them
Minister Shri Narendra Modi for fulfilling Sardar Patel’s being awarded to female students. He emphasised the
dream by abrogating Article 370 in Jammu and Kashmir. vital role that women are playing in the reconstruction
He lamented that for a long time after Independence, and development of the country.
Sardar Patel’s monumental contributions did not Encouraging the students to embrace resolutions in
receive the recognition and respect they deserved. their lives, Shri Shah echoed Prime Minister Shri Modi’s
He also commended Prime Minister Shri Modi for his call for ‘Amrit Sankalp’ during the ‘Amrit Kaal’. He urged
efforts in erecting the world’s tallest statue of Sardar them to set ambitious goals, as only by pushing the
Patel in Kevadia, Gujarat, which has become a major limits can the true potential of the nation be realised. n

1-31 December, 2023 Vigilant India 27

 Zonal Council Meeting
MINISTRY OF
HOME AFFAIRS

Era of Cooperative Federalism

Bureau
The eastern region of the country
he Union Home Minister and Minister of
T
has a rich history of culture. It
Cooperation, Shri Amit Shah, chaired the has also been the centre of many
26th meeting of the Eastern Zonal Council in major educational institutions since
Patna on December 10. It was attended by Bihar Chief
ancient times. This region also laid
Minister Shri Nitish Kumar along with senior ministers
the foundation for the industrial
from Odisha, West Bengal and Jharkhand. The
development of the country.
secretary of the Inter-State Council secretariat, chief
secretaries of member States and senior officials of Shri Amit Shah, Union Home
State Governments were also present in the meeting. Minister and Minister of Cooperation
Union Home Minister Shri Shah said that the
eastern region of the country has always promoted
culture and has also been a centre of many major
educational institutions since ancient times. He such as eliminating malnutrition among children,
said that children from the eastern region are reducing school dropouts and prompt investigation of
most successful in competitive examinations. He rape cases against women and children.
added that the region laid the foundation for the Giving an outline of projects done in collaboration
industrial development of the entire country. He also between the Centre and the States of the eastern
mentioned that the region gave birth to freedom region, Shri Shah said that land acquisition for Hajipur-
fighters who sacrificed their lives for the country’s Sugauli railway line is almost complete. He also said
Independence. that land acquisition has been initiated for Nabadwip
Reiterating Prime Minister Shri Narendra Modi’s Ghat-Nabadwip Dham rail project in West Bengal (15
vision of cooperative federalism, Shri Shah said that km), along with gauge conversion of Krishnanagar
Zonal Council meetings must try to resolve issues in a Nabadwip Ghat (12.2 km) line.
liberal manner. Focusing on the problems faced by the Shri Shah said that all the four States of the Eastern
member States of the Eastern Zonal Council, he said Zonal Council – Bihar, Jharkhand, West Bengal and
that reviews should be conducted every three months Odisha—gave impressive presentations regarding
at the Chief Minister and chief secretary level on issues good practices that are being implemented.n

28 Vigilant India 1-31 December, 2023

 Activities

PM Schemes Leave No One Behind

Bureau

uccessful governance requires addressing

S citizens’ interests and ensuring security.
Under Prime Minister Shri Narendra Modi’s
leadership, the Union Ministers of State for Home are
actively contributing to India’s security and overall
development.
n Before embarking on Viksit Bharat Sankalp Yatra on
December 28, Union Minister of State for Home, Shri
Nityanand Rai, engaged with the youth in the ‘Modi
Yuva Samvad’ in Gopalganj, Bihar. On December
27, he participated in the Modi Kisan Chaupal at
Maqsudpur in Gopalganj. Farmers acknowledged
the positive impact of the Prime Minister’s schemes
on their lives. Earlier, on December 17, Shri Rai
took to social media and mentioned about the
commitment to build a prosperous, strong, self-
reliant and developed India by 2047 in accordance
with the vision of Prime Minister Shri Modi,
following the mantra of ‘Sabka Saath, Sabka Vikas
and Sabka Vishwas’.
n TheUnion Minister of State for Home, Shri Nisith
Pramanik, said on social media that the Bharatiya
Janata Party (BJP)-led Union Government under the
leadership of Prime Minister Shri Modi, is dedicated
to eradicate corruption and will take action against
those involved in corrupt practices. On December
19, he highlighted the comprehensive development
of Varanasi, the world’s oldest living city. He said
that under the leadership of Prime Minister Shri
Modi, cultural symbols are being revived along with
a focus on modern infrastructure. The Minister said
the Centre has recently allocated a grant of ₹19,150
crore for these developmental works.
n On December 31, Shri Ajay Mishra, the Union
Minister of State for Home, engaged with the
youth and members of the Assembly Core
Committee in Phaltan, part of the Madha Lok
Sabha Constituency in Maharashtra. Earlier, on
December 28, he took to X (formerly Twitter) to
share glimpses of the Viksit Bharat Sankalp Yatra 'Janata Darshan' programme at his parliamentary
at Jamunia in Lakhimpur Assembly constituency in office. During this session, he listened to the
Uttar Pradesh. On December 27, He conducted a concerns of the people.n

1-31 December, 2023 Vigilant India 29

 Guest Column
MINISTRY OF
HOME AFFAIRS

New Criminal Laws: A Departure

From Colonial Legacy
onstitution being a living such punishments occupy place in the
C document - is enforced through
various laws to secure justice,
present law.
Several noteworthy propositions
liberty, equality to all citizens and promote accompany the new laws. Repeal of
fraternity to maintain unity and integrity sedition provision, a relic from the British
of the nation as enshrined therein. Union era was long used to suppress dissent.
Government’s commitment to those Now, the focus has been changed from
ideals is reflected in new criminal laws “acts against the government” (rajdroh)
Dr Sanjay Singh
that will ensure speedy justice to all I.L.S (Retd.) to “acts against the country” (deshdroh).
citizens, especially to the weaker sections They also encompass stiffer penalties
of society, in conformity with these constitutional for heinous crimes, such as, rape and murder, a
democratic aspirations. The earlier criminal laws streamlined process for prosecuting cybercrimes
were the appendage of the colonial past and in the and the introduction of new offences addressing
absence of new laws they were unable to deal with organized crime, terrorism, mob lynching, sexual
the Indian ethos and contemporary requirements to abuse of woman using deceitful means. Notable
provide speedy justice to the common man. Hon’ble additions include provision for filing a zero-FIR from
Prime Minister’s overview aptly reflects the vision any part of the country and e-FIR, ensuring easier
“°fe³f ³fE IYf³fc³fûÔ ³fZ ÀfdQ¹fûÔ ´fbSXf³fZ Aü´fd³fUZdVfIY Af´fSXfd²fIY IYf³fc³fûÔ IYe þ¦fWX »fZ »fe police access and a defined time limit for the journey
WX`, dþÀfÀfZ RYûIYÀf QÔOX QZ³fZ ÀfZ ª¹ffQf ³¹ff¹f IYû ´fif±fd¸fIY°ff QZ³fZ ´fSX IZYÔdQi°f WXû ¦f¹ff WX`”. of a case from FIR to chargesheet to delivering justice
Laws require restructuring to keep them abreast and introduction of community service.
of developments in technology and changes in The core objective of Bharatiya Nagarik Suraksha
developing society. The Government’s resolve to Sanhita is to provide an opportunity for a fair trial
strengthen law and order, simplifying legal procedure blended with principle of natural justice to the
will accomplish accessible and speedy justice to accused person and ensure just and fair dispensation
all. It required comprehensive consultations which for both the accused person and the victim without
took place under the supervision of Hon’ble Home restraining anyone’s rights. It has been brought in
Minister Shri Amit Shah who delved deep into all the line with the modern practices, such as, conduct of
suggestions that had come from different sections trial of proclaimed offenders in absentia, making
of society, including the bureaucracy, academia and videography of seizures, handcuffing by police of
police, among others. offenders in certain heinous crimes. So too the trials,
Under the new criminal laws, Police will have to inquiries, proceedings can be held in electronic
ensure that cases are completed within given time mode, along with the production of electronic
schedules, and courts will be mandated to deliver communication devices, for potential digital evidence
justice within a specified timeframe. for investigation, inquiry or trial. The increasing
In ancient law of crimes in our country, law of utilisation of technology with expanded definition
punishment is of immense importance. Sukra- Niti of “documents” and “evidence” will strengthen
that regulates punishment constitutes dandaniti, investigation and prosecution.
niti so called because it governs and guides (Sukra- I am happy that the Bureau of Police Research
Niti. 313-14). Originally, four types of punishments and Development is given the trainers’ task to
were cited, namely – fine (dhanadanda), admonition help associated agencies and individuals to get
(dhikkar), physical punishment (badhadanda) and the relevant facts in a fulfilling manner for smooth
all punishments combined. With the passage of implementation of new criminal laws. n
time, two more forms were added and these were (The writer is former Union Legislative Secretary
confiscation of property and public humiliation. All & Member-Secretary, Law Commission of India)

30 Vigilant India 1-31 December, 2023

 CoverFeature
Photo Story

The NCDFI e-Market Awards 2023 ceremony took place

in Gandhinagar on December 30, where the Union Home
Minister and Minister of Cooperation, Shri Amit Shah,
expressed happiness in honouring member associations
contributing to e-marketing in the dairy sector. He
expressed confidence that this initiative by the NCDFI
would propel the cooperative dairy sector to new heights.

The Union Minister of State for Home, Shri Nityanand Rai, participated
in the 'Viksit Bharat Sankalp Yatra' at Sultanpur Ghatho in Ujiarpur
Assembly constituency in Bihar on December 29. During the event,
free gas cylinders were distributed under the Pradhan Mantri Ujjwala
Yojana and loans were provided under the Mudra Yojana.

Following heavy rainfall in Tuticorin, Tamil Nadu, the NDRF took

swift action to assist people stranded in the water logged KTR
Nagar area. They transported the affected individuals to safe
locations and distributed food and relief materials.

A video shared on the YouTube channel 'Police aur Seva’ run

by the Bureau of Police Research and Development (BPR&D),
highlighted crucial information for citizens. It warned against
cyber criminals using fake photos of known individuals to
request money, emphasising on the importance of not blindly
trusting profile photographs on social media.

Tribute to the bravehearts https://bharatkeveer.gov.in

GUIDELINES
You can donate directly to individual braveheart's account (upto max of ₹15 lakh) or
t
may donate to the Bharat Ke Veer corpus.
To ensure maximum coverage, a cap of ₹15 lakh is envisaged per braveheart and
t
the donor would be alerted if the amount exceeds ₹15 lakh, so that they can choose
to either decrease their contribution or divert part of the contribution to another
braveheart's account, or to the Bharat Ke Veer corpus.
Bharat Ke Veer corpus would be managed by a committee made up of eminent
t
persons and senior government officials, in equal number, who would decide to
disburse the fund equitably to the braveheart families on a need basis.

Published for Bureau of Police Research & Development (BPR&D) by Fortuna Public Relations Pvt. Ltd New Delhi and printed by VIBA Press PVT.LTD. New Delhi
 The passage of the three new criminal laws — Bharatiya Nagarik
Suraksha Sanhita, Bharatiya Nyaya Sanhita and Bharatiya Sakshya
Adhiniyam — is a very important milestone in the nation's history.
Shri Narendra Modi, Prime Minister

Bureau of Police Research and Development

Ministry of Home Affairs, NH-48, Mahipalpur
New Delhi-110037

BPRDIndia bprdindia officialBPRDIndia Bureau of Police Research & Development India https://bprd.nic.in