Criminal Law Archives - Advocate & Lawyer in Haldwani, Uttarakhand - Abhishek https://advocateabhishek.com/category/criminal-law/ Advocate and Lawyer in Haldwani, Rudrapur and Uttarakhand in India. Tue, 22 Aug 2023 11:00:26 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.3 Hit and Run Cases in the new Indian Penal Code Bill https://advocateabhishek.com/hit-and-run-cases-in-the-new-indian-penal-code-bill/ https://advocateabhishek.com/hit-and-run-cases-in-the-new-indian-penal-code-bill/#respond Tue, 22 Aug 2023 11:00:25 +0000 https://advocateabhishek.com/?p=1060 The post Hit and Run Cases in the new Indian Penal Code Bill appeared first on Advocate & Lawyer in Haldwani, Uttarakhand - Abhishek.

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Hit and Run Cases in the new Indian Penal Code Bill

Hit and Run Cases have become fairly common in India. Mostly, it deals with cases where a person had been killed in the road accident and the culprit escapes from the scene of accident without reporting the matter to police or even to check the health condition of the other person.

In the current Indian Penal Code of 1980 Section 304-A provides the punishment for such cases which was upto 2 Year of imprisonment or fine or both.

However, with the growing menace of HIT and RUN cases and also where by some criminals using car as a weapon to kill someone and showing it as a HIT and RUN case to attract minimum punishment it was though fit by the new bill which is THE BHARATIYA NYAYA SANHITA, 2023 the punishment for the same is now given under Section 104 which is

104. (1) Whoever causes the death of any person by doing any rash or negligent act
not amounting to culpable homicide, shall be punished with imprisonment of either descriptionfor a term which may extend to seven years, and shall also be liable to fine.
(2) Whoever causes death of any person by doing any rash or negligent act not
amounting to culpable homicide and escapes from the scene of incident or fails to report the incident to a Police officer or Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine.

Hence, a rash or negligent driving causes an accident and you stop and report the accident then your punishment is upto 7 Years. However, if you do not report the accident and escape the scene your punishment is upto 10 Years. Which is considerably HIGH.

Further, previously such offence was a Bailable offence. However, under the new Criminal Procedure Code which has been renamed asbharatiya nagarik suraksha sanhita, 2023 – The Offence is now NON-BAILABLE offence. 

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Rights of Arrested Persons https://advocateabhishek.com/rights-of-arrested-persons/ https://advocateabhishek.com/rights-of-arrested-persons/#respond Sun, 29 Jan 2023 12:48:35 +0000 https://advocateabhishek.com/?p=862 The post Rights of Arrested Persons appeared first on Advocate & Lawyer in Haldwani, Uttarakhand - Abhishek.

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Rights of Arrested Person

The Criminal Procedure Code (CrPC) provides various safeguards to any person who is being arrested by police. These are mentioned under various sections of CrPC which are mentioned below –

  1. Section 41B(c) – Right to inform his friend or relative of arrest.
  2. Section 41D – Right to meet an advocate of his choice.
  3. Section 49 – Right not to be unnecessarily handcuffed.
  4. Section 50 (1) – Person arrested to be informed of grounds of arrest.
  5. Section 50(2) – Person arrested to be informed about right to bail.
  6. Section 54 – Right to be medically examined
  7. Section 56 – Right to be produced before magistrate without delay.
  8. Section 57 – No detention beyond 24 hours.

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