Will the 3 laws (to be effective from 01.07.2024) apply to existing on-going criminal cases where charges have been framed, examination and cross-examination has already started (but not completed for all witnesses yet)? In particular will the new evidence act apply when recording evidence after 01.07.2024? If the charges were framed on some section(s) of IPC, will it now be re-worded with reference to the corresponding section of BNS? If there are small changes between the IPC and BNS versions, based on which of them will the judgement be delivered (for the ongoing trial)?
A.The three new criminal laws that were passed by Parliament in 2023 will come into effect from July 1, 2024, according to a notification by the Ministry of Home Affairs (MHA). Section 106(2) of the Bharatiya Nyaya Sanhita (BNS), which provides for punishment of “0-10 years” in “hit and run” cases, has been put on hold. Earlier this year, transporters and drivers across the country struck work to protest the particular provision.
The introduction of new laws typically operates on a prospective basis rather than retroactively. This means that the new laws apply to future events and circumstances, not past ones.
Helpful
Helpful
Share
bb mm
Replied 1 week ago
Thanks Sir. I agree. But the catch is that the govt is saying that the three new laws will 'repeal' the previous laws the moment it comes into effect. Hence the confusion.
A.Dear sir,
It goes to show that whenever new laws are introduced it cannot be Retrospective effect. It will be effect from Prospective only as indicated in new enactment.
Dear Client,
You have to approach the concerned court regarding the case hearing dates. You can connect with the Registrar of the Court and provide the particulars of the case to seek updates and the...
Dear Client,
A person is not considered for a govt job if he is prosecuted or convicted by a court in a criminal case. Mentioning a court case on a government job application can have different impli...
Dear Sir,
Once convicted on plea it cannot be reopened but may seek enhancement of punishment both by way of fine and imprisonment. You have to approach higher Court.
Dear Client,
A criminal revision petition challenging the order of the subordinate Court may be filed under Section 397 of the Cr. PC either before the Session Court or the High Court. According to A...
Dear Client
This can be a serious issue if a complaint is lodged with the police as the girl is still a minor and apart from other Sections of the Indian Penal Code the boy can be even booked (a possi...
You have selected a Lawyer whose location is different from your Location , if you wish to take phone consultation kindly pay and get the details of the Lawyers.
Type of Consultation
Fees
Phone Consultation
₹
Meeting Consultation
₹
Email Consultation
₹
Video Conference
₹
Request for quotation from the Lawyer.
You are a new user, please validate for security reasons
❶ Client Posts a Question by paying some amount
❷ All Paid Answers will be shown in N-Indicator (Open to Answer)
❸ You can reply and respond to the question
❹ Answer will be Approved by Admin based on content and on first come first serve basis.
❺ If answer is Approved then you will get your share. Status will be A-Indicator (Approved).
❻ If there are many Answers Posted then your Answer may get approved with a Lock. That means Client can view your response only if Client Unlocks by Paying Extra Amount. Status will be AL-Indicator ( Approved and Locked).
❼ If there are many Answers Posted you will Waitlisting tag. Waitlisting Answers may get Approved with a Lock or may not get Approved. It will be decision made by the Admin.
❽ Your share will depened on the number of Answers received and weightage given to your answer based on promtness and content.
➒ All amount will be accumulated and will be shared once in a month.
Your question is posted successfully. You will get your responses soon. You will be notified by mail and sms once Lawyer responds. THANK YOU! For any query drop a mail at [email protected] or call at 7604047601
Your question is posted successfully on the open forum. You will get your responses soon. You will be notified by mail and sms once Lawyer responds. THANK YOU! For any query drop a mail at [email protected] or call at 7604047601
new criminal laws-applicability to existing on-going cases
Shows date not updated
