Tuesday, April 1, 2025

Explosive Changes in 2024! How Will the Waqf Amendment Affect You?

 The Waqf Amendment Bill, 2024 introduces significant changes to the Waqf Act of 1995, aiming to improve the management, transparency, and modernization of Waqf properties. Here’s a detailed breakdown:

Core Objectives

  • Improved Management: Enhances efficiency and transparency in Waqf property administration.
  • Modernization: Introduces technology-driven record management, including a centralized digital portal.
  • Clarity & Streamlining: Refines definitions and procedures to reduce disputes and ambiguity.

Key Proposed Changes

  • Composition of Waqf Boards: Includes non-Muslim members in the Central Waqf Council and state Waqf boards, sparking debate.
  • Survey of Waqf Properties: Transfers responsibility from Survey Commissioners to District Collectors, raising concerns about government influence.
  • Definition & Creation of Waqf:
    • Removes "Waqf by user", a source of legal disputes.
    • Limits Waqf declaration to individuals practicing Islam for at least 5 years.
  • Government Properties: Clarifies that government-owned properties will not be considered Waqf, with Collectors determining ownership.
  • Waqf Tribunals: Revises tribunal composition and appeal processes to the High Court.
  • Technology Integration: Implements a centralized portal for Waqf property management.

Areas of Controversy

  • Perceived Government Interference: Critics argue that the bill oversteps into religious affairs.
  • Representation Concerns: The inclusion of non-Muslim members in Waqf boards remains highly debated.
  • Authority of District Collectors: Expanded survey responsibilities raise concerns about potential misuse of power.

Political & Legal Developments

  • The bill is currently under debate in Lok Sabha, with strong opposition from various political groups2.
  • Legal experts and community leaders are closely monitoring its implications.

For official updates, refer to:

  • PRS Legislative Research for detailed analysis.
  • Government of India publications for official statements.
  • News sources like The Hindu, The Indian Express, and Times of India for ongoing coverage.

  #WaqfAmendmentBill2024 , #WaqfAct1995Reform ,  #IndianWaqfChanges,  #WaqfModernizationIndia ,  #WaqfPropertyDebate

Friday, February 21, 2025

India Real Estate FDI: New Regulations and Investment Opportunities

 Funding a real estate project in India from abroad involves navigating several regulations and restrictions. Here are some key points to consider:

 Foreign Direct Investment (FDI) Regulations: FDI in the "real estate business" is generally not permitted in India. This includes activities like buying and selling real estate properties and real estate trading. However, FDI is allowed in construction development projects, such as the development of townships, housing, commercial premises, and infrastructure projects.

 Foreign Exchange Management Act (FEMA): FEMA regulates foreign exchange transactions in India. It provides guidelines for NRIs and foreign investors on how to invest in Indian real estate. Compliance with FEMA is crucial for any cross-border investment.

 Real Estate (Regulation and Development) Act (RERA): RERA aims to protect the interests of home buyers and ensure transparency in the real estate sector. It mandates project registrations, standardizes disclosure norms, and protects investors against fraudulent practices.

 Due Diligence: Conducting thorough due diligence is essential. This includes verifying land titles, ensuring compliance with local laws, and understanding the legal framework governing property ownership and transfer.

 Restrictions on Certain Types of Investments: Direct investment in real estate for speculative purposes is prohibited. However, investment in construction development projects that add value through construction or development is allowed.

 Approval and Documentation: Obtaining the necessary approvals and completing the required documentation is critical. This includes building and development plans, environmental clearances, and other regulatory approvals.

 Is Now the Right Time to Invest in India's Real Estate?

The question of whether to invest in real estate today is top of mind for many. Navigating India's dynamic property market requires careful consideration. Before you commit, here's a breakdown of key factors:

·       Market Trends: Analyze current property prices, supply and demand, and future forecasts. Some cities are thriving, while others may be stagnant.

·       Interest Rates: Understand how current and projected home loan interest rates impact affordability. Fluctuations can significantly affect your investment.

·       Investment Goals: Define your purpose: a primary residence or a pure investment property? This will guide your property selection and location.

·       Long-Term Perspective: Real estate is a long-term commitment. Be prepared for a multi-year investment horizon.

·       Regulatory Landscape: Stay informed about government regulations, tax implications, and property laws, as they can influence your investment.

Real Estate vs. Renting: Weighing the Pros and Cons

Real estate offers tangible benefits: ownership, potential appreciation, and tax advantages. However, renting provides flexibility, lower upfront costs, and shorter commitments.

The Bottom Line:

The decision to invest in real estate now hinges on your individual financial situation and long-term objectives. While property ownership is appealing, assess your financial readiness and commitment level. Thorough research and careful planning are essential for a successful real estate investment.

 By adhering to these regulations and conducting thorough due diligence, you can navigate the complexities of funding a real estate project in India from abroad.

 

Saturday, February 1, 2025

India Budget 2025: Transformative Changes Revealed by FM Nirmala Sitharaman!

 1. No Income Tax up to Income of Rs 12 Lakhs, New Slab Rates for all

 FM Nirmala Sitharaman

Taxpayers benefiting Middle-Class

2. FM proposes to introduce the New Income Tax Bill next week

3. The New Bill be Half of the present Income Tax law in terms of chapters and words

4. TDS on Senior Citizen Rs 1 lakhs plus on interest TDS on Rent Rs 6 Lakhs onwards

5. 90 Lakhs filed updated returns Now you can file Income Tax Returns for past 4 years in ITR U

6. The focus is on inclusive development and boosting middle-class spending.

7. Budget aims to accelerate growth and unlock the nation’s potential.

8. Budget will initiate reforms in primarily 6 domains — taxation, urban development, mining, financial sector, power and regulatory reforms.

9. Plant with annual capacity of 12.7 lakh metric tons to be set up at Namrup, Assam

10. 3 dormant urea plants in the Eastern region had been reopened

11. Investment limit for #MSME classification to be made 2.5 times. Turnover limits for MSME classification to be doubled

12. Government to provide support to National Cooperatives Development Corporation for its lending operations for cooperative sector

13. Kisan Credit Card: Facilitates loans for 7.07 crore farmers. Loan limit will be increased from Rs3 lakh to Rs5 lakh under KCC

14. Boosts Footwear, Leather & Toys Industry!

15. New scheme for footwear & leather sector to create 22 lakh jobs, ₹4L Cr revenue & ₹1.1L Cr+ exports.

16. Toys sector to get a dedicated scheme to make India a global manufacturing hub!

17.  Announces 5-year mission to promote cotton production

18. 5 national centres will be set up for skilling in partnerships in manufacturing. Expansion of capacity in IITs - 100% increase in last 10 years. Additional infra will be created for 6500 more students in new IITs.

19. New Fund of Funds for Startups to be set up

20. Fresh contribution of another ₹ 10,000 crore, in addition to existing government contribution of Rs. 10,000 crore.

21. New Scheme for 5 lakh Women, Scheduled Castes and Scheduled Tribes first-time entrepreneurs

22. Centre of excellence in #AI for education to be set up with outlay of Rs. 500

23. To add 75000 medical seats in next 5 years

24. The government will establish a national institute of food technology, entrepreneurship and management in Bihar.

25. Centre will launch a 6-year programme for Atamnirbharta in pulses

26. Credit guarantee cover to be enhanced for MSMEs and start-ups

27. 75 thousand seats will increase in IIT

28. Cancer hospital will open in every district Broadband facility will be available in primary schools

29. The government will create a ₹1 lakh crore Urban Challenge Fund aimed at transforming cities into growth hubs. The fund will finance 25% of the cost of bankable projects, with an allocation of ₹10,000 crore for 2025-26.The remaining 50% will be funded through bonds, bank loans, and public-private partnerships (PPPs).

30. FM announces Dhan Dhanya Krishi Yojna in partnership with states. Scheme to cover 100 Districts. Says 1.7 crore farmers will be benefited.

31. A new scheme has been launched to offer term loans with a five-year tenure, benefiting 5 lakh women from SC/ST communities.

32. The Finance Minister announced a dedicated scheme for India’s footwear and leather sector, expected to generate employment for 22 lakh individuals, achieve a revenue of ₹4 lakh crore, and boost exports to over ₹1.1 lakh crore.

33. For the toys sector, the government will implement a scheme to make India a global manufacturing hub.

34. Saksham Anganwadi and Poshan 2.0 programs will provide vital nutritional support to 8 crore children, 1 crore mothers, and 20 lakh adolescent girls, focusing on lactating women, adolescent girls, and children.

35. 50.000 Atal Tinkering Laboratories (ATLs) will be set up in government schools in the next 5 years to foster scientific temper in young minds. Broadband connectivity is to be provided to all secondary schools.

36. Five National Centres ofExcellence for Skilling will be established to equip the youth with the necessary skills for global opportunities. The Finance Minister also promised global skilling partnerships to enable India to become a key player in global manufacturing.

37. The PM Swanidhi Scheme will be revamped with higher loan limits and the introduction of a ₹30,000 UPI-linked credit card. The government will also facilitate identity card issuance and registration on the e-Shram portal for gig workers, providing insurance coverage for nearly 1 crore workers.

38. 3-year pipeline of projects by states to be given that can be implemented in private-public partnership (PPP) mode. Each infrastructure-related ministry is to come up with a 3-year plan to be implemented in PPP mode. The outlay of ₹1.5 lakh crore is proposed for 50-year interest-free loans.

39. Extend Jal Jeevan mission with an enhanced outlay, focus on quality infrastructure and O&M. 15 crore households have been provided portable tap water access under Jal Jeevan Mission

40. 100GW nuclear enegery by 2047 is essential for energy transition

41. The modified UDAN scheme will be launched to connect 120 new destinations and cater to 4 crore passengers over the next 10 years.

42. India’s cities are set for transformation! The ₹1L Cr Urban Challenge Fund will fuel creative redevelopment, enhance water & sanitation infra, and turn cities into growth hubs. With ₹10K Cr allocated for FY 2025-26, the future of urban India looks ambitious!

43. hrust on investment in infrastructure continues with focus on PPP projects and asset monetization among others

44. Each infrastructure-related ministry to come up with a 3-year pipeline of PPP infra projects

45. Financial assistance will be provided for Western Kosi Canal Project in Mithilanchal region of Bihar

46. Focus Product Scheme for Footwear & Leather Sectors is expected to facilitate employment for 22 lakh persons, turnover of ₹4 lakh crore and exports of over ₹ 1.1 lakh crore

47. Scheme to Make India a Global Toys Hub; To create high-quality toys representing the Made In India brand

48. Mudra loans to be provided to homestays, says FM.

49. Medical tourism and ‘heal in India’ to be promoted in partnership with private sector. Top 50 tourism destination sites will be developed in partnership with states

50. Extension of Jal Jivan Mission till 2028, It started in 2019. 100% household receive clean water through tap.

51. The government will offer a national guidance framework to help states promote Global Capability Centres (GCCs) and enhance their growth.

52. Centralized KYC system soon

53. Jan Vishwas 2.0 bill to decriminalise over 100 provisions in existing laws.

54. Banks will be required to maintain a Grameen credit score for self-help groups to facilitate better financial access and support.

55. Govt to draft model bilateral investment treaty to attract foreign investment

56. Insurance FDI hiked from 74% to 100%

57. The revised estimate of the total receipts other than borrowings is Rs 31.47 lakh crore of which the net tax receipts are Rs 25.57 lakh crore.

58. Scheme to cover 100 districts with low productivity, moderate crop intensity and below-average credit parameters

59. 10,000 fellowships to be provided under the PM Research Fellowship scheme in next five years, for technological research in IITs and IISc

60. Investing in Research, Development and Innovation ₹ 20,000 crore for private-sector driven Research, Development and Innovation initiative announced in the July Budget

61. National Geospatial Mission to be launched to develop foundational geospatial infrastructure and data

62. India ranks second largest globally in fish production and aquaculture. Seafood exports are valued at 60,000 Crore Rupees. To unlock the untapped potential of the marine sector, the government will bring in an enabling framework for sustainable harnessing of fisheries from the Indian exclusive economic zone and high seas with a special focus on the Andaman and Nicobar and Lakshadweep Islands.

63. FastTrack Merger for companies

64. Propose removal of 7 tariff rates over an above those in removed in earlier budget. Only 8 tariff rates to remain after the new move.

65. Fiscal Deficit at 4.4% of GDP

66. Propose removal of 7 tariff rates over an above those in removed in earlier budget. Only 8 tariff rates to remain after the new move.

67. The threshold limit for TCS on LRS remittances has been increased from ₹7 lakh to ₹10 lakh.

68. The TDS threshold limit on rent has been raised to ₹6 lakh.

69. It is proposed to remove TCS on education loans up to ₹10 lakh from specified financial institutions.

70. The new income tax bill will retain nearly half of the existing provisions and introduce personal income tax reforms with a focus on the middle class. It will also rationalize the tax deducted at source (TDS) and tax collected at source (TCS) regime by reducing the number of rates and adjusting thresholds.

71. TCS on sales removed

72. A scheme to be introduced for determining arm's length price of international transactions for a block period of three years, to streamline transfer pricing and to provide an alternative to yearly examination

73. Tax exemption to be provided on withdrawals made from National Savings Scheme by individuals on or after 29th August 2024

74. Compliance burden for small charitable trusts & institutions to be reduced, by increasing their registration period from 5 years to 10 years

75. Taxpayers to be allowed to claim the annual value of two self-occupied properties as nil without any condition

Monday, January 8, 2024

India rewrites the Rules! Get ready for major shifts in Labor, Crypto, Elections & Education this year

 Predicting exact laws coming up in 2024 can be tricky, as legislative processes can be complex and timelines can shift. However, based on current discussions and ongoing trends, here are some potential new laws in India that could be introduced or finalized in 2024:

 1. Data Privacy Law:

 A comprehensive data privacy law has been in the works for several years, and its finalization is highly anticipated in 2024. This law would regulate how personal data is collected, stored, used, and protected, aligning India with international data protection standards.

2. Cryptocurrency Regulation:

 The Indian government has been actively considering ways to regulate the cryptocurrency market, with potential regulations on trading, mining, and taxation. A framework for regulating cryptocurrencies could be introduced in 2024.

3. Anti-Trust Law Amendments:

 The Competition Commission of India (CCI) is currently reviewing its antitrust laws to address emerging challenges in the digital economy. Amendments to the Competition Act could be introduced to strengthen the CCI's enforcement powers and address concerns about platform dominance.

4. Labor Law Reforms:

 The government is considering reforms to the labor laws to promote ease of doing business and increase worker flexibility. These reforms could include changes to fixed-term employment contracts, social security benefits, and dispute-resolution mechanisms.

5. Environmental Laws:

 With growing concerns about climate change and air pollution, the government may introduce stricter environmental regulations in 2024. These could include stricter emission standards for industries, stricter waste management regulations, and increased penalties for environmental violations.

6. Education Reforms:

 The National Education Policy 2020 is currently being implemented, and further reforms could be introduced in 2024. These could include changes to the curriculum, assessment methods, and teacher training programs.

7. Electoral Reforms:

 The government is considering various electoral reforms, including changes to the funding of political parties, voter registration procedures, and the use of electronic voting machines. Some of these reforms could be implemented in 2024.

8. Healthcare Reforms: 

The government is working on expanding access to healthcare and improving the quality of healthcare services. New initiatives or reforms in this area could be introduced in 2024.

9. Agriculture Reforms: 

The government is committed to improving the lives of farmers and boosting agricultural productivity. New policies or initiatives aimed at achieving these goals could be launched in 2024.

10. Social Welfare Reforms:

 The government is constantly working to improve social welfare programs and address poverty. New initiatives or reforms in this area could be introduced in 2024.

Please note that this is not an exhaustive list, and the actual laws that are introduced or finalized in 2024 may differ from these predictions. It's important to stay updated on current developments and government announcements to get the most accurate information.

 I hope this information is helpful! Let me know if you have any other questions.

Wednesday, December 20, 2023

The Lok Sabha Passed 3 bills on new Criminal Laws IPC, CrPc and Indian Evidence Act

 The Bharatiya Nyaya Sanhita, 2023 (BNS) is a bill that seeks to replace the Indian Penal Code (IPC).

 August 11, 2023: The original Bharatiya Nyaya Sanhita Bill (BNS) was introduced in the Lok Sabha.

December 12, 2023: The BNS Bill was withdrawn after facing criticism and undergoing scrutiny by the Standing Committee on Home Affairs.

December 12, 2023: A revised version, the Bharatiya Nyaya (Second) Sanhita Bill (BNS2), was introduced in the Lok Sabha.

December 20, 2023: The BNS2 was passed by the Lok Sabha, not on Wednesday (which was December 20th).

Therefore, while the BNS2 has cleared one hurdle by successfully passing the Lok Sabha, it still needs to be voted on and approved by the Rajya Sabha before it becomes law. It's still early to say with certainty when or if it will be finally implemented.

 The BNS includes a number of significant changes from the IPC, including:

 Repeal of sedition: The BNS repeals the sedition law, which was widely criticized for being used to suppress dissent.

Introduction of a new penal code for mob lynching: The BNS introduces a new penal code that specifically criminalizes mob lynching.

Making the death penalty mandatory for rape of minors: The BNS makes the death penalty mandatory for rape of minors.

Other changes proposed by the BNS include:

 Adding terrorism as an offence: The BNS adds terrorism as an offence.

Adding petty organised crime as an offence: The BNS adds petty organised crime as an offence.

Adding murder by a group of five or more people on grounds of certain identity markers as an offence: The BNS adds murder by a group of five or more people on grounds of certain identity markers as an offence.

The BNS has been met with mixed reactions. Some have welcomed the changes, arguing that they are necessary to modernize India's criminal justice system and protect the rights of citizens. Others have criticized the changes, arguing that they are too harsh and could lead to human rights abuses.

 It is still unclear whether the BNS will be passed by Parliament. If it is passed, it would represent a significant change to India's criminal law.

 Here are some of the key changes proposed by the BNS in more detail:

 Repeal of sedition

 The sedition law was a colonial-era law that made it a crime to bring or attempt to bring hatred or contempt, or excite disaffection towards the government established by law. The law was widely criticized for being used to suppress dissent, and it was challenged in court several times. In 2019, the Supreme Court ruled that the law was constitutionally valid, but it placed certain restrictions on its use.

 The BNS repeals the sedition law entirely. This is a significant change, as it would remove a law that has been used to stifle dissent in India for many years.

 Introduction of a new penal code for mob lynching

 Mob lynching is a serious problem in India. In recent years, there have been numerous cases of people being lynched by mobs, often on the suspicion of being involved in crimes such as theft, cattle theft, or eating beef.

 The BNS introduces a new penal code that specifically criminalizes mob lynching. The new code defines mob lynching as the killing of a person by a group of people acting in concert. It also provides for a minimum sentence of five years imprisonment for mob lynching.

 This is a significant change, as it would send a clear message that mob lynching is a serious crime that will be punished.

 Making the death penalty mandatory for rape of minors

 The death penalty is a controversial punishment in India. It is currently mandatory for certain crimes, such as murder and waging war against the state.

 The BNS makes the death penalty mandatory for rape of minors. This is a significant change, as it would mean that anyone convicted of raping a minor would be sentenced to death.

 This is a controversial change, as it would mean that the death penalty would be applied to a wider range of crimes. Some people argue that this is necessary to protect children from rape, while others argue that it is too harsh a punishment.

 Other changes proposed by the BNS include:

 Adding terrorism as an offence: The BNS adds terrorism as an offence. Terrorism is defined as the use of violence or the threat of violence to achieve a political or religious goal.

Adding petty organised crime as an offence: The BNS adds petty organised crime as an offence. Petty organised crime is defined as a group of two or more people who commit crimes together.

Adding murder by a group of five or more people on grounds of certain identity markers as an offence: The BNS adds murder by a group of five or more people on grounds of certain identity markers as an offence. This is a new offence that would cover cases of murder that are motivated by hatred or discrimination against certain groups of people.

Monday, December 11, 2023

The Central govt withdrew 3 new criminal law bills and plans to introduce them again

 On December 11, 2023, the Indian government withdrew three new criminal law bills that were introduced in the Lok Sabha in August 2023. The three bills are:

 The Bharatiya Nyaya Sanhita Bill, 2023: This bill seeks to replace the Indian Penal Code (IPC), which was enacted in 1860.

The Bharatiya Nagrik Suraksha Sanhita Bill, 2023: This bill seeks to replace the Code of Criminal Procedure (CrPC), which was enacted in 1898.

The Bharatiya Sakshya Bill, 2023: This bill seeks to replace the Indian Evidence Act (IEA), which was enacted in 1872.

The decision to withdraw the bills was taken after the Parliamentary Standing Committee on Home Affairs recommended changes to them. The government has said that it will introduce new versions of the bills based on the Committee's recommendations.

 The Committee's recommendations are not yet public. However, it is reported that the Committee recommended changes to the bills in several areas, including:

 The death penalty: The Committee reportedly recommended that the death penalty should be abolished.

Bail: The Committee reportedly recommended that bail should be made more readily available to accused persons.

Witness protection: The Committee reportedly recommended that the government should strengthen witness protection mechanisms.

Police powers: The Committee reportedly recommended that the government should limit the powers of the police.

It is likely that the new versions of the bills will be introduced in the Parliament in the coming months. The outcome of the legislative process will have a significant impact on India's criminal justice system.

 Here are some additional details about the withdrawn bills:

 The Bharatiya Nyaya Sanhita Bill, 2023 proposed several changes to the IPC, including:

abolishing the death penalty for certain offenses reducing the maximum sentence for murder from death to life imprisonment introducing new offenses, such as stalking and cyberbullying

 The Bharatiya Nagrik Suraksha Sanhita Bill, 2023 proposed several changes to the CrPC, including:

  • simplifying and streamlining criminal procedures
  • introducing time limits for investigations and trials
  • giving victims of crime more rights and support
  •  The Bharatiya Sakshya Bill, of 2023 proposed a number of changes to the IEA, including:
  • making it easier to admit scientific evidence in court
  • strengthening witness protection mechanisms
  • giving judges more discretion in deciding whether to admit evidence

 It is important to note that these are just some of the proposed changes to the bills. The final versions of the bills may include additional changes based on the recommendations of the Parliamentary Standing Committee and other stakeholders.

 Bharatiya Nagrik Suraksha Sanhita (BNSS) Bill, 2023

As of 12 December 2023, the Bharatiya Nagrik Suraksha Sanhita (BNSS) Bill, 2023 ,the

BNSS Bill seeks to replace the Code of Criminal Procedure (CrPC), which was enacted in 1973. The Bill proposes several reforms, including:

 Streamlining procedures: The Bill aims to simplify and streamline criminal procedures, making them more efficient and accessible to citizens.

Improving victim protection: The Bill seeks to strengthen victim protection mechanisms, providing victims with more rights and support.

Ensuring fair trial rights: The Bill aims to ensure fair trial rights for all accused persons, including the right to a speedy trial and the right to legal representation.

The Bill has been met with mixed reactions from legal experts and civil society organizations. Some have welcomed the proposed reforms, while others have raised concerns about potential implications for individual rights and the rule of law.

 Key areas of concern include:

 The scope of police powers: The Bill expands the scope of police powers, giving police officers more authority to arrest, detain, and search individuals. This has raised concerns about the potential for misuse of police powers.

The balance between victim protection and due process: The Bill gives victims of crime a number of new rights, including the right to restitution and the right to participate in the trial process. However, this has raised concerns about the potential for these rights to be used to undermine the due process rights of accused persons.

The impact of stricter bail provisions: The Bill proposes stricter bail provisions for certain offenses, making it more difficult for accused persons to be released on bail. This has raised concerns about the impact of these provisions on vulnerable communities, such as the poor and marginalized.

It is likely that the BNSS Bill will continue to be debated and discussed in the coming months. The outcome of the legislative process will have a significant impact on India's criminal justice system.

 Streamlining procedures: The BNSS Bill aims to simplify and streamline criminal procedures, making them more efficient and accessible to citizens. This includes introducing time limits for investigations and trials, and providing for electronic filing of documents.

Improving victim protection: The BNSS Bill seeks to strengthen victim protection mechanisms, providing victims with more rights and support. This includes giving victims the right to restitution, the right to participate in the trial process, and the right to protection from further harm.

Ensuring fair trial rights: The BNSS Bill aims to ensure fair trial rights for all accused persons, including the right to a speedy trial, the right to legal representation, and the right to remain silent.

The BNSS Bill has been met with mixed reactions from legal experts and civil society organizations. Some have welcomed the proposed reforms, while others have raised concerns about potential implications for individual rights and the rule of law.

 Key areas of concern include:

 The scope of police powers: The BNSS Bill expands the scope of police powers, giving police officers more authority to arrest, detain, and search individuals. This has raised concerns about the potential for misuse of police powers.

The balance between victim protection and due process: The BNSS Bill gives victims of crime a number of new rights, including the right to restitution and the right to participate in the trial process. However, this has raised concerns about the potential for these rights to be used to undermine the due process rights of accused persons.

The impact of stricter bail provisions: The BNSS Bill proposes stricter bail provisions for certain offenses, making it more difficult for accused persons to be released on bail. This has raised concerns about the impact of these provisions on vulnerable communities, such as the poor and marginalized.

The BNSS Bill is still under review by a Parliamentary Committee. The Committee is expected to submit its report to the Parliament in the upcoming winter session.

  •  Investigations: The BNSS Bill introduces time limits for investigations. For example, the investigation of a murder must be completed within 180 days.
  • Trials: The BNSS Bill also introduces time limits for trials. For example, the trial of a murder must be completed within 360 days.
  • Electronic filing: The BNSS Bill allows for electronic filing of documents in criminal cases. This is expected to make the process more efficient and accessible.
  • Improving victim protection
  •  
  • Restitution: The BNSS Bill gives victims of crime the right to restitution. This means that the offender may be ordered to pay money to the victim to compensate for the harm caused.

Participation in the trial process: The BNSS Bill gives victims the right to participate in the trial process. This means that they can give evidence, ask questions, and make submissions to the court.

Protection from further harm: The BNSS Bill provides for the protection of victims from further harm. This may include measures such as witness protection or restraining orders.

Ensuring fair trial rights

 Speedy trial: The BNSS Bill guarantees the right to a speedy trial. This means that the case must be heard and decided without undue delay.

Legal representation: The BNSS Bill guarantees the right to legal representation. This means that the accused person is entitled to have a lawyer represent them in court.

Right to remain silent: The BNSS Bill recognizes the right to remain silent. This means that the accused person is not obliged to answer questions from the police or the court.

It remains to be seen whether the BNSS Bill will be passed by the Parliament. If it is passed, it will have a significant impact on the criminal justice system in India.

Monday, December 4, 2023

New Important laws under consideration of Indian Parliament by Ruling Party

 Here are some of the new upcoming laws in India under consideration of Parliament:


  • The Bharatiya Nyaya Sanhita Bill, 2023: This bill proposes to replace the Indian Penal Code (IPC) of 1860. The IPC is a comprehensive code that defines and classifies crimes, lays down punishments for those crimes, and provides procedures for the prosecution of offenders. The Bharatiya Nyaya Sanhita is intended to be a more modern and humane code that is better aligned with the principles of Indian constitutional law.
  • The Bharatiya Nagarik Suraksha Sanhita Bill, 2023: This bill proposes to replace the Code of Criminal Procedure (CrPC) of 1973. The CrPC is a procedural code that governs the investigation and prosecution of criminal cases. The Bharatiya Nagarik Suraksha Sanhita is intended to be a more efficient and effective code that will ensure that justice is delivered promptly and fairly.
  • The Bharatiya Sakshya Bill, 2023: This bill proposes to replace the Indian Evidence Act (IEA) of 1872. The IEA is a law of evidence that governs the admissibility of evidence in criminal trials. The Bharatiya Sakshya Bill is intended to be a more modern and scientific law of evidence that will make it easier to convict criminals and protect innocent people.
  • The Jammu and Kashmir Reservation (Amendment) Bill, 2023: This bill proposes to amend the Jammu and Kashmir Reservation Act, 2009, to provide additional reservation in educational institutions and government jobs for people belonging to Scheduled Tribes (STs) in the Union Territory of Jammu and Kashmir.
  • The Jammu and Kashmir Reorganisation (Amendment) Bill, 2023: This bill proposes to amend the Jammu and Kashmir Reorganisation Act, 2019, to extend the validity of the Domicile Certificate (DC) for people residing in the Union Territory of Jammu and Kashmir.
  • The Constitution (Jammu and Kashmir) Scheduled Castes Order (Amendment) Bill, 2021: This bill proposes to amend the Constitution (Jammu and Kashmir) Scheduled Castes Order, 1995, to include the Gaddis community in the list of Scheduled Castes in the Union Territory of Jammu and Kashmir.
  • The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2021: This bill proposes to amend the Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1995, to include the Pahari community in the list of Scheduled Tribes in the Union Territory of Jammu and Kashmir.
  • The Criminal Procedure Code (Amendment) Bill, 2023: This bill aims to amend the Criminal Procedure Code (CrPC) to make it more efficient and effective. The bill would make a number of changes, including reducing the time frame for criminal trials, allowing for the use of video conferencing in trials, and making it easier for the police to investigate crimes.
  • The Code of Criminal Procedure (Identification) Bill, 2022: This bill aims to give law enforcement agencies more powers to identify and track criminals. The bill would allow the police to collect DNA samples from suspects, store fingerprints and other biometric data, and track individuals using their mobile phones and other electronic devices.
  • The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2023: This bill seeks to reserve 27% of seats in the Lok Sabha and state assemblies for Other Backward Classes (OBCs).
  • The Constitution (One Hundred and Thirtieth Amendment) Bill, 2023: This bill seeks to grant special status to Karnataka.
  • The Personal Data Protection Bill, 2023: This bill seeks to regulate the collection, storage, and use of personal data in India.
  • The Cryptocurrency Regulation Bill, 2023: This bill seeks to regulate the use of cryptocurrencies in India.
  • The Online Safety Bill, 2023: This bill seeks to regulate online content in India.

It is important to note that these bills are still under consideration and may not be passed into law. However, they are all important pieces of legislation that could have a significant impact on India.

These are just a few of the many new upcoming laws in India under consideration of Parliament. The government has stated that it is committed to modernizing the country's laws and making them more efficient and effective. It is also committed to ensuring that the laws are fair and just and that they protect the rights of all citizens.