00:00was passed by the parliament when 145 parliamentarians of the opposition were suspended.
00:09Now, the first point in this law is that if any accused, not the accused but the accused,
00:16is accused before the crime is proven, then the police have the right to arrest him.
00:22Whereas, there are many judgments of the Supreme Court in which it was said that
00:27in the rarest position, i.e. in less than 1% position, if needed, the police can use the handcuffs.
00:34But in 99% cases of the Supreme Court, it was denied that the police have the right to use the handcuffs.
00:41But this law gives the right to use the handcuffs.
00:44Till now, in any case, the police could keep people in their custody for 15 days.
00:50i.e. if someone is accused, they were kept in custody for 15 days and then the lawyer would apply for bail.
00:58Now, this has been increased from 15 days to 90 days.
01:02i.e. as soon as an accused is found innocent or the accusation has not yet been proven,
01:07and his bail petition is filed in the court, then the police will tell him that
01:11the police remand has not yet been completed in the procedures of the investigation.
01:17And the police will take the remand again.
01:20So, the bail has been made almost next to impossible.
01:23Whereas, the basic motive of this law is that bail is a rule and jail is an exception.
01:30This has been completely reversed.
01:33After that, detention.
01:35We all know that if a person is arrested, he has to be taken to the magistrate within 24 hours.
01:44Then the magistrate or judicial custody will decide.
01:49But in this law, there is so much chaos, so much confusion,
01:54that there is no time ground for police detention.
01:59i.e. it can be more than 24 hours, it can be 3 days, it can be 10 days, it can be more than that.
02:05So, there is no clarity in this whole matter.
02:09Third, the court has said many times about electronic evidence,
02:14that electronic evidence is always a source of confusion.
02:17That is why we do not consider electronic evidence as evidence.
02:23But under this new law, electronic evidence is considered evidence.
02:28And along with that, the police, without any warrant,
02:32any electronic equipment, i.e. your laptop, your mobile, your tab,
02:38can be taken by the police without any warrant.
02:41As a result of which, if you have forwarded any WhatsApp,
02:46your mobile will be taken by the police and it will be told that something has happened,
02:50a crime has been committed, then that case will be made.
02:53And you will have to prove yourself innocent,
02:56in which the provision of bail has been made very difficult.
02:59Third, the biggest challenge in this whole case is terrorism.
03:06The definition of terrorism has been made very vague.
03:10And along with that, what was it before?
03:15The National Investigation Agency had the right to investigate terrorism in the whole country.
03:25Apart from that, the states had made their anti-terrorist squads or special cells,
03:30which were determined by the court.
03:32But now two things have been done in this.
03:35The definition of terrorism has been made very light,
03:39that is, if you put a small social media post,
03:44then it will be taken as a definition of terrorism.
03:48And the local police have been given the right to investigate sensitive matters such as terrorism.
03:55So this whole process gives the police so much power,
04:02while we keep saying again and again that criminal law...
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