Adultery is now omitted law

Free Thinker *

As part of the decolonization process the present Union Government led by Modi ji and Amit ji has successfully bharatized two criminal laws namely IPC (1860), Evidence Act (1872), and revamped CrPC (1973). The new names of the revised laws are – Bharatiya Nyaya Sanhita, in place of Penal Code, Bharatiya Sakshya, instead of the Evidence Act, and Bharatiya Nagarik Smaksha Sanhita replacing Criminal Procedure Code.

During the just concluded Winter Session of Parliament three historic bills were passed by both the ‘Houses’. These laws as mentioned above will go to the Rashtrapati Bhawan for the assent of Rashtrapati before they are notified in the Gazette for enforcement. This is going to be a new chapter in the history of our criminal laws, justice delivery system, and jurisprudence.

Some of the interesting provisions of these new laws may be highlighted. Transgender will be recognized as a gender now. Spreading fake news is a serious criminal offense. Snatching will be a crime now; you cannot snatch away somebody’s wife - I mean - wife’s gold chain.

Mob lynching is a serious criminal offense; it will apply to both Meiteis and Kukis and other remaining citizens of the country. So, the radical groups and vigilante associations must be well aware of this law. All the members of the group or association may go to jail for lynching. The Home Ministry is extensively planning to expand the existing prisons and also construct new jails including open jails.

Now, you cannot hit and run away (like Khan Saab); if you hit someone on the road or the pavement, you will be behind bars. The scope for running away is almost nil; the law is now made stringent. Except in cases of ‘act of God’ no one will be spared.

Sexual exploitation through deceitful means is now a serious crime. Earlier there was no seriousness. But this time it is very serious; a man can’t be exploited just by promising marriage – it may happen to a woman also. Such exploitation is construed as a serious criminal offense.

Again, there are specific provisions for organizing crimes – you can’t simply It applies to groups . Few hooligans or lumped elements come together and organize crime is not allowed by law . Earlier also it was not allowed but tjis will be stingfewntly disallowed when the notification comes. Such crimes may be organized or ocastrated with weapons or without weapons. It applies to underworld and underground people.

Perhaps the most crucial and most relevant law of all these is the admissibility of electronic records as evidence. Anything and everything in your mobile phone shall be admissible evidence in case of any offences committed . It could be messages, social-media posts, whatsapp chat , insta or facebook posts – may be pictures or video or anything. All are admissible. If you watch child-porn on your mobile you are committing an offence. .

Amit shah ji said that sedition has been done away with. Rajdroh (sedition or offence against the government) has been replaced by Deshdroh (offence against the nation or country).This new law says anti-national financial activities, subversive activities and encouraging feelings of separatist activities shall be construed as deshdrohi.

Youngsters should be more careful while using their phones, computers, Tabs etc – anything said or written against the government is pardonable now but not against the nation or country . There is a very thin line for distinction – it can be either way. For instance, the prime minister may be treated as part of the government or as the prime minister of the nation.

Doctors need to be extra careful after the enforcement of these laws. There will be punishment for the death of a patient due to negligent treatment. But negligence has to be proved. Since the mobile recording, video, photos, talks etc., including all electronic records are admissible as documents for evidence to prove a case – one has to be careful.

Love jihad is unprotected. Whoever by deceitful means or by making a promise to marry a woman without any intention of fulfilling the same, has sexual intercourse not amounting to the offense of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

Whoever attempts to commit suicide with the intent to compel or restrain any public servant from discharging his official duty can be punished with a jail term of a year with community service. This provision also applies to hunger-strikers (till-death type) and self-immolation (attempt).

Handcuffing shall be done only for heinous crimes, but not for economic offenses at high places, etc., (if I comprehend correctly). Corruption is also a normal offense so handcuffing is not required. Bribe giving and taking is a universal practice.

In some places, it is more and in a few places, it is less. For instance, in Singapore instances of bribery are rare whereas in our state it is rampant though the amount involved is paltry, ranging from thousands to lacs only, due to our pathetic economy.

‘Adultery’ is now omitted (from IPC now BNS) - which was already struck down by the Apex Court in 2018.