New Criminal Laws Come Into Effect From July 1 | Current Affairs | Vision IAS
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Posted 27 Jul 2024

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New Criminal Laws Come Into Effect From July 1

The three new criminal laws were passed by Parliament in 2023.

  • Section 106(2) of the Bharatiya Nyaya Sanhita (BNS), which provides for punishment in hit and run cases, has been put on hold. 
  • Significance of new criminal laws
    • Reformative justice: Such as community service instead of imprisonment. 
    • Modernising the justice system: for ex Indian Penal Code (1860) is outdated and does not reflect current norms of criminal jurisprudence.
    • Seamless flow of information: Designed to improve coordination and collaboration between parties involved in investigation and judicial proceedings.

New Act

Replacing

Major Points

Bharatiya Nyaya Sanhita 2023

Indian Penal Code,1860

  • Community services for petty offense  such as including attempted suicide to obstruct public servants' duties.
  • Sexual acts against women under 18 are classified as rape, regardless of consent.
  • Terrorist act is defined as a separate   offence.

Bharatiya Nagarik Suraksha Sanhita 2023

Criminal Procedure Code, 1973 

  • Detention of undertrials: Accused detained for half the maximum sentence must be released on bond, except for death penalty or life imprisonment cases, or those with multiple pending charges.
  • Signatures and finger impressions: Magistrate of the first class can order an accused person, to give specimen signatures or finger impressions or handwriting or voice samples.

Bharatiya Sakshya Adhiniyam 2023

Indian Evidence Act, 1872

  • Electronic and digital records are granted equal legal status as paper documents.
  • Oral evidence comprises all statements, including electronic ones, permitted or required by the Court from witnesses regarding matters under inquiry.
  • Tags :
  • Bharatiya Nyaya Sanhita
  • New criminal laws

Telecommunications Act, 2023

Multiple sections of Telecommunications Act, 2023 came into effect.

  • It aims to amend the law relating to development, expansion and operation of telecommunication services and telecommunication networks and is guided by principles of Inclusion, Security, Growth, and Responsiveness.
  • It repeals Indian Telegraph Act 1885 and Indian Wireless Telegraphy Act 1933 owing to huge technical advancements in telecom sector and technologies.

Salient features of Act that comes into force

  • Define various terminologies like telecommunication, spectrum, user etc., thereby reducing uncertainties and improving investor confidence and ease of doing business.
  • RoW (Right of Way) framework shall be granted on a non-discriminatory and non-exclusive basis.
  • Central Government may notify standards and conformity assessment measures for telecommunication services, networks, security, distribution and sale of telecommunication equipment; etc.
  • Protection of users (by Central government) which include prior consent to receive specified messages like advertising messages, creation of Do Not Disturb registers, etc. 
  • Expands scope of Universal Service Obligation Fund which will now become Digital Bharat Nidhi (under control of central government). 
    • This fund can be used to support research and development of telecommunication services, technologies, products and pilot projects.

Significance of Act

  • Enhancing security and quality in telecommunication services.
  • Gives greater emphasis to consumer protection and national security. 
  • Tags :
  • Telecommunication Act, 2023

The Post Office Act 2023 Comes Into Effect

It repeals the Indian Post Office Act, 1898.

Provisions of the Post Office Act, 2023

  • Director General of Postal Services (DGPS) will be appointed to head India Post.
    • DGPS will have powers to make regulations on matters such as charges for services, supply and sale of postage stamps.
  • Powers to intercept postal articles: 
    • Government can intercept an article transmitted through India Post on specified grounds
    • Grounds include security of the State, friendly relations with foreign states, public order, emergency, or public safety.
    • Exemptions from liability: Post office will not incur any liability with regard to its services, except such liability as may be prescribed with regard to a service provided by the Post Office.
    • There are no penal provisions prescribed in the Act.

Importance of the Act

  • It creates a simple legislative framework for delivery of citizen centric services, banking services and benefits of Government schemes at the last mile.
  • It enhances the ease of doing business and ease of living.

Postal System During British Era

  • The East India company opened its first post office in 1727.
  • Lord Dalhousie recognized the Indian Post Offices as a separate organization of national importance.
  • Present site of the General Post Office of Kolkata was the site of the first Fort William.
  • Tags :
  • Post Office Act 2023
  • Indian Post Office Act, 1898

74 Women MPs In 18th Lok Sabha

Election of 74 women to 18th Lok Sabha (LS), accounting for 13.6% representation in Lok Sabha, is a slight dip in women representation as 78 women were elected to 17th LS (14.4% representation). 

An infographic titled "Steps taken for increasing women political representation." It lists three initiatives: Nari Shakti Vandan Adhiniyam, 2023 for seat reservation in Lok Sabha and State Legislatures, the 73rd and 74th Constitutional Amendments for Panchayats and Municipalities, and India's pledge for SDG target 5.5.

Status of women representation in Legislature

  • 9.7% of 797 women contestants won in 18th LS elections while in 17th LS elections, 10.74% of 726 women contestants won. 
  • Women’s representation in LS increased from 5% in first LS to its highest in 17th LS (14.4%).
  • Presently, women members constitute 14.05% of Rajya Sabha members
  • Globally, share of women in national parliaments is 26.9%. 

Significance of women representation

  • Women legislators perform better in their constituencies on economic indicators than their male counterparts.
  • Accounting for around 50% population, legislative representation is fundamental to political empowerment.
  • Women are less likely to be criminal and corrupt, more efficacious, and less vulnerable to political opportunism.

Challenges to women’s legislative representation

  • Societal Prejudices, male dominated political structures, and family obligations.
  • Structural disadvantages: Election campaigns are costly, time-consuming and are marred by inappropriate commenting, hate speeches, abusive threats and muscle power.
  • Internalised patriarchy: Women themselves are often influenced by patriarchal societal norms.
  • Tags :
  • Women in Legislature
  • Political representation of women

Self Declaration Certificates

Ministry of Information and Broadcasting declares Self-declaration certificate (SDC) mandatory for all new advertisements

An infographic about the Press Council of India (PCI) detailing its role, composition, and leadership. It states that PCI is a statutory quasi-judicial authority established under the Press Council Act of 1978 to preserve press freedom. The council includes a Chairman and 28 members, with the Chairman being a retired Supreme Court judge, nominated by a committee and elected by PCI members.
  • As per the Supreme Court (SC) directive, no advertisement will be permitted to run on television, print media, or the internet without a valid SDC. 
  • SDC, signed by an authorized representative of the advertiser/advertising agency, needs to be submitted through these portals.
    • Broadcast Seva Portal for TV and Radio Advertisements.
    • The Press Council of India's portal for print and digital/internet advertisements.
  • SDC will certify that the advertisement:
    • Does not contain misleading claims.
    • Complies with all relevant regulatory guidelines, including:
      • Those stipulated in Cable Television Networks Rules, 1994.
      • The Norms of Journalistic Conduct of the Press Council of India. 

Significance of the step

  • Ensure transparency and accountability:  By preventing misleading advertisements being published with no accountability on the part of the manufacturers, promoters and advertisers.
  • Ensure consumer protection: By preventing  violation of the rights of the consumers, unfair trade practices and false advertisements which are prejudicial to the interest of the public.
  • Ensure better implementation of Legislations and Rules: Like complaints registered under Guidelines for Prevention of Misleading Advertisements and Endorsements of Misleading Advertisements, 2022.
  • Tags :
  • Self-declaration certificate
  • Advertisements in media
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