Penal Code 1860

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As reported by Economic Times, the Ministry of Home Affairs in consultation with the Bureau of Police Research and Development is considering amendments to the criminal laws of the country. The laws under consideration for amendment are Penal Code, 1860, Code of Criminal Procedure, 1973 and Evidence Act, 1872.

Some of the proposals being looked at are:

  1. Diluting the right of appeal to avoid inordinate delays in certain cases, like the 2012 Nirbhaya gangrape case, where the convicts are using legal remedies to seek relief from capital punishment. A ministry official clarified that any amendments to CrPC or revision process would be legally examined as the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 confers to the Supreme Court the power to hear an appeal from any judgment, final order or sentence in a criminal proceeding of a high court for certain cases.
  2. Adopting certain features of the inquisitorial system which is followed in Germany and France to make the current adversarial system more effective. For example, in the inquisitorial system, the investigation is supervised by the judicial magistrate which leads to a higher rate of conviction
  3. Classifying crimes as blue-collar, white-collar, red-collar, green-collar and black-collar crimes under Penal Code, 1860 to equip the police to deal with complex dynamics of internal security.
  4. Setting up modus operandi bureaus at national and state levels to study the technique of crimes and mentality of criminals.
  5. Setting up of National Police University and Forensic Science University with affiliated colleges in every state. This was suggested by Home Minister, Amit Shah to create skilled manpower to tackle complex cases with advanced forensic capabilities instead of the use of third-degree and torture to solve cases.

A home ministry official said that the new laws should be in accordance with the democratic aspirations of people and provide speedy justice to women, children and weaker sections of society. Suggestions have been sought from all states and union territories, the official added.

[Source: Economic Times]

Case BriefsHigh Courts

Patna High Court: Birendra Kumar, J. dismissed a criminal miscellaneous application filed by the petitioner challenging the order of cognizance passed against him under various Sections of IPC and Prevention of Corruption Act, 1988. 

In the instant petition the accused in connection with Vigilance P.S. Case of 2013 registered under Sections  409, 420, 467, 468, 471, 477A and 120B of the Penal Code as well as under Section 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988. The petitioner, when worked as an Executive Engineer, was alleged to pass false measurement report of Government schemes and uncompleted worked which was marked as completed in the aforementioned reports. It was further alleged that the reports were submitted in collusion with the Assistant Engineer. 

It was averred by the petitioner that allegation made in the FIR on their face value did not disclose a cognizable offence made out against the petitioner and even if any non-cognizable offence is made out, investigation of the same was not permissible, except under order of the Magistrate.

The Court observed that no cognizable offence was disclosed in the FIR against the petitioner though the apparent allegation of embezzlement of public money was there. It was stated that, petitioner was a Government servant having a specific allegation of submission of measurement report which showed completion of the work whereas the work was not completed at all in respect of Government schemes. Hence, prima facie material was there against the petitioner for proceeding with the trial. [Md. Zahoorul Haque v. State Of Bihar, 2019 SCC OnLine Pat 1017, decided on 25-06-2019]