How Bharatiya Sakshya Adhiniyam Allows Digital Records As Proof, Expands Scope of Secondary Evidence

 

New offences under Bharatiya Nyay Sanhita and some grey areas

Three criminal codes passed by Parliament in December last year will come into force on July 1, 2024. They bring many changes to India's antiquated criminal justice system, but some critics have expressed concern about some of the innovations.

Section 58 of the Bharatiya Saksha Adhiniyam now includes oral and written confessions and statements of persons who have examined documents and have experience in document investigation as secondary evidence.

The Indian Indian Evidence Act (BSA), which replaces the colonial-era Indian Evidence Act of 1872, came into force today along with the Indian Indian Evidence Act (BNS) and Indian Indian Evidence Standards (BNSS).

BNS and BNSS replace the Indian Penal Code and the Code of Criminal Procedure (CrPC).

Three new laws aim to reform the country's criminal justice system. It was approved by Parliament on December 21, 2023 and given assent by President Dhruvadhi Murmu on December 25. Let us understand the provisions of

Bharatiya Saksha Adhiniyam.

Electronic Devices: The new Bharatiya Saksha Adhiniyam allows the use of electronic and digital records in documents. These include scriptures, maps and cartoons under the Indian Evidence Act. The new law covers a wide range of digital records including text messages, emails, server logs, files stored on computers, laptops and smartphones, website content and location data.

Oral Evidence: According to the Indian Evidence Act, oral evidence includes statements made by witnesses in court in relation to the matter under investigation. In Bharatiya Saksha Adhiniyam, oral evidence is permitted to be submitted electronically. “Every statement, including a statement made electronically, which the Court admits or requires from a witness in relation to the matter under investigation, and such statement shall be deemed to be oral evidence.”

Secondary evidence: New Act, Section 58. The Act expands the scope of secondary evidence to include (i) oral and written confessions, and (ii) the testimony of persons who have examined documents and have expertise in document examination. As per the Act, secondary evidence may be required under various circumstances, such as when the original of the document is in the possession of the person to be proved or when the document has been destroyed. The BSB added that secondary evidence may be required when there is doubt as to the authenticity of the document itself.

PM Modi rebuts Rahul Gandhi: Calling Hindu society violent a serious issue

 

PM Modi rebuts Rahul Gandhi: Calling Hindu society violent a serious issue; Shah seeks apology

Leader of Opposition Rahul Gandhi’s maiden speech in Lok Sabha that lasted almost 100 minutes Monday saw Prime Minister Narendra Modi and senior Cabinet ministers intervening to counter remarks.

There was uproar in the House when Gandhi, while attacking the BJP, said “those who call themselves Hindus talk violence… hatred… untruth 24 hours”. Modi rose from his seat and said, “This is a very serious issue. Calling the entire Hindu society violent is a serious issue (poore Hindu samaj ko hinsak kehna yeh gambhir vishay hai).”

Union Home Minister Amit Shah sought an apology from the Congress leader. As the treasury benches protested, Gandhi said “the BJP and the RSS are not the entire Hindu society… Aap Hindu ho hi nahi (You are not Hindus).”

And when he took him on directly, asking “why is the PM always serious?”, Modi, who sat through the address, rose from his seat again and said, “Democracy and the Constitution have taught me that I need to take the Leader of Opposition seriously.”

This itself was rare because members recalled later that the PM had done it only once earlier during a speech by Congress leader Adhir Ranjan Chowdhury in the last Lok Sabha.

Defence Minister Rajnath Singh accused Gandhi of "misleading" the Congress, but Shah, who intervened four times during the speech, said some of Gandhi's statements were "false and lacking in facts" and that they should be "authenticated". At one point, Shah told a spokesman for Om Birla University: "If you make unilateral concessions to the university, you will be breaking the rules. We should be protected. That won't work."

Following Gandhi's attack on the government over the Agniveer project, Rajnath Singh said the Congress leader was trying to mislead the Congress.

"He should not try to mislead the Congress by making false statements." "Families of Agniveers who sacrificed their lives to defend the border or in the war will be given financial assistance of Rs 1.10 crore," Singh said.

Refuting Gandhi's allegation that this was a "conspiracy by the Prime Minister", Singh said he had directly contacted many people and 158 organisations had been asked for suggestions about the conspiracy. It was a "well-thought-out plot".

Chinese rocket lift-off and fall back moments after launch, explodes

Chinese rocket lift-off and fall back moments after launch, explodes

 

Beijing Tianbing Technology Co., also known as Space Pioneer, experienced a structural failure during a test of its Tianlong-3 rocket, causing the first stage to detach from the launch pad and crash in a hilly area of Gongyi, China.

Despite initial concerns, there were no casualties reported.

The incident resulted in a local fire, which was later extinguished. This incident is unusual, as it involved a rocket under development making an unplanned flight and crashing.

Space Pioneer is one of several private Chinese rocket makers that have emerged in recent years, focusing on reusable rockets to reduce mission costs.

Parts of the rocket stage were dispersed within a "safe area," but it ignited a local fire, according to a statement by the Gongyi emergency management bureau, news agency Reuters reported.

The two-stage Tianlong-3, also known as Sky Dragon 3, is a partly reusable rocket that is being developed by Space Pioneer.

This is not the first such incident in China. However, it is very rare for a rocket under development to make an unplanned flight and crash.

Previously, in April 2023, Space Pioneer launched a kerosene-oxygen rocket, the Tianlong-2, becoming the first private Chinese firm to send a liquid-propellant rocket into space.

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July 01, 2024 at 03:28PM

Chinese rocket lift-off and fall back moments after launch, explodes

 

Beijing Tianbing Technology Co., also known as Space Pioneer, experienced a structural failure during a test of its Tianlong-3 rocket, causing the first stage to detach from the launch pad and crash in a hilly area of Gongyi, China.

Despite initial concerns, there were no casualties reported.

The incident resulted in a local fire, which was later extinguished. This incident is unusual, as it involved a rocket under development making an unplanned flight and crashing.

Space Pioneer is one of several private Chinese rocket makers that have emerged in recent years, focusing on reusable rockets to reduce mission costs.

Parts of the rocket stage were dispersed within a "safe area," but it ignited a local fire, according to a statement by the Gongyi emergency management bureau, news agency Reuters reported.

The two-stage Tianlong-3, also known as Sky Dragon 3, is a partly reusable rocket that is being developed by Space Pioneer.

This is not the first such incident in China. However, it is very rare for a rocket under development to make an unplanned flight and crash.

Previously, in April 2023, Space Pioneer launched a kerosene-oxygen rocket, the Tianlong-2, becoming the first private Chinese firm to send a liquid-propellant rocket into space.

Far-right party projected to get strong lead in first-round legislative elections in France

 

                                         Marine Le Pen, French far-right leader and far-right Rassemblement National 

Far-right party projected to get strong lead in first-round legislative elections in France

French polling agencies projected that the National Rally and its allies got about one-third of the national vote on Sunday

The far-right National Rally leaped into a strong lead Sunday in France's first round of legislative elections, polling agencies projected, bringing the party closer to being able to form a government in round two and dealing a major slap to centrist President Emmanuel Macron and his risky decision to call the surprise ballot.

When he dissolved the National Assembly on June 9, after a stinging defeat at the hands of the National Rally in French voting for the European Parliament, Macron gambled that the anti-immigration party with historical links to antisemitism wouldn't repeat that success when France's own fate was in the balance.

But it didn't work out that way. With French polling agencies projecting that the National Rally and its allies got about one-third of the national vote on Sunday, Macron's prime minister warned that France could end up with its first far-right government since World War II if voters don't come together to thwart that scenario in round two next Sunday.

“The extreme right is at the doors of power,” Prime Minister Gabriel Attal said. He twice described National Rally policy pledges as “disastrous” and said that in the second-round ballot, “not one vote should go to the National Rally.”

French polling agencies' projections put Macron’s grouping of centrist parties a distant third in the first-round ballot, behind both the National Rally and a new left-wing coalition of parties that joined forces to keep it from winning power.

Winning a parliamentary majority would enable National Rally leader Marine Le Pen to install her 28-year-old protege, Jordan Bardella, as prime minister and would crown her yearslong rebranding effort to make her party less repellent to mainstream voters. She inherited the party, then called the National Front, from her father, Jean-Marie Le Pen, who has multiple convictions for racist and antisemitic hate speech.

Still, the National Rally isn’t there yet. With another torrid week of campaigning to come before the decisive final voting next Sunday, the election’s ultimate outcome remains uncertain.

Speaking to a cheering crowd waving the French tricolour (blue, white and red), Le Pen called on her supporters and voters who did not support the party in the first round to help her push through the finish line and secure victory. A decisive majority in parliament. In this scenario, Bardella and Macron would be forced into an awkward power-sharing arrangement. Macron has said he will not step down until his term ends in 2027.

Only the second round will tell whether Le Pen and her allies can secure the absolute majority needed to comfortably form a government and begin to implement their promises to dismantle many of Macron's key policies and foreign policy programme. This includes halting France's deliveries of long-range missiles to Ukraine in the war against Russian all-out aggression. The Rassembly National has historical ties to Russia.

The far-right's more confrontational approach to the European Union, plans to roll back Macron's pension reforms, and the Rassembly National's pledge to increase voters' purchasing power without clearly indicating how this pledge will be paid for could also destabilize European financial markets.

Some polling agencies' forecasts suggest that in a best-case scenario for the far-right, the National Party and its allies could work together to clear the hurdle of 289 seats needed to secure a majority in the 577-seat National Assembly.

Depending on the outcome of the second round, polling agencies predicted that the far-right could also miss the required target and not be left with a single bloc with a clear majority. The two-stage electoral system makes predictions difficult. The first official results from the first round are due to be announced later on Sunday.

Already on Sunday evening, far-right rivals were planning to drop some of their candidates from the race in the second round in order to concentrate votes against Las Vegas.

Opinion polls suggest turnout was at least 66 percent, the highest turnout for the first round of parliamentary elections in 27 years.

Date of Birth Analysis through Lo Shu Grid- Suggested Remedies

 Date of Birth Analysis through Lo Shu Grid- Suggested Remedies

 

 
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Colonial-Era IPC Out, New Criminal Laws Take Effect Today in Modi 3.0

Colonial-Era IPC Out, New Criminal Laws Take Effect Today in Modi 3.0
Colonial-Era IPC Out, New Criminal Laws Take Effect Today in Modi 3.0

 

Curtain falls on IPC, CrPC and Evidence Act: New Criminal Code comes into force today

The Indian judicial system is nervously welcoming the new Criminal Code, which comes into force today (1 July) and replaces the decades-old Indian Penal Code, Indian Evidence Act and Act. Replacement of Criminal Procedure Code. The IPC (1860) and Evidence Act (1872), enacted during the British Raj, have been replaced by the Bharatiya Nyaya Samhita and Bharatiya Saksha Adhiniyam. The Criminal Procedure Code, 1973, has been replaced by the Bharatiya Nagarik Suraksha Sanhita.

These laws were passed by Parliament in December last year. They received Presidential assent in the same month, but their implementation was delayed by the Union government. The government announced on February 24 that the Act will come into force on July 1. Concerns are rife among legal experts about the impact of the new Act, and prominent lawyers, state bar associations and bar associations have also voiced protest. The Bar Council of India issued Acts last week. While the government said the new Acts would decolonise and modernise India's legal system, some critics argue that there is nothing substantial new in the Acts as most of the provisions of the old Acts have been retained; albeit with different numbers and designations. Thus, these Acts do not offer any new reforms but may create great difficulties for police officers, lawyers and judges who will be forced to learn the new order of

exactly. Concerns have also been raised over the new provisions expanding the scope of police custody. The Supreme Court has dismissed two cases challenging the new law: one because it was filed before the law came into force, and the other because it was poorly worded. Chief Justice of India DY Chandrachud recently opined that the new law will have a positive impact only if the necessary investments are made in infrastructure and capacity building of forensic and judicial officers.

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July 01, 2024 at 07:29AM
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July 01, 2024 at 08:13AM