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Why the New Criminal Laws Are a 'Posthumous Tribute to Lord Macaulay  

Dil se with Kapil Sibal
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In this Episode of @DilsewithKapilSibal The new criminal code and the manner in which it was rolled out has already garnered a lot of controversy. While the government has claimed that it wants to get rid of the laws of the colonial era, this promise has not been realised. Only 5-7% has been changed, says Kapil Sibal. The senior advocate discusses how the new laws have held on to their colonial past with three eminent guests.
Congress's Sivaganga MP P. Chidambaram is an eminent lawyer and has held key portfolios in the union cabinet. Chidambaram sheds light on the government aspect of the laws and how they are framed and brought to being.
Justice Madan Lokur is a former a judge of the Supreme Court of India and current judge at the topmost court of Fiji. Justice Lokur has been chief justice of two high courts and was a noted advocate before that. He highlights the constitutional and legal challenges with the new laws.
Justice Mukta Gupta is a former judge of the Delhi high court and had been prosecutor in key cases. Justice Gupta has been speaking on these laws all over the country, also at the IAS Academy.

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21 авг 2024

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Комментарии : 104   
@sk-rn8bz
@sk-rn8bz Месяц назад
Decent learned people discuss in a civilized way and bring real facts to the table.....sibbal sahab I have loads of respect for you...U r doing a great service to the nation .....BTW congratulations for winning and your new responsibility......if I meet u ever I would like to give u a big hug ❤❤❤❤
@LITTLE-ROCK
@LITTLE-ROCK Месяц назад
What did he win?
@prateekkumararya1242
@prateekkumararya1242 Месяц назад
​@@LITTLE-ROCK Supreme Court bar Association chairman
@iemon7722
@iemon7722 Месяц назад
@@LITTLE-ROCK Trust of the People.
@navneetkaur7709
@navneetkaur7709 Месяц назад
Supreme Court should take a notice!
@deependersingh-nq1dl
@deependersingh-nq1dl Месяц назад
These episodes of yours are blessings in this fake news era🙏🙏🙏🙏
@kmochhary6160
@kmochhary6160 Месяц назад
Article 21 of the Constitution is the touchstone to assess the constitutional validity of these three laws viz Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakhya Adhiniyam ,2023 which were pushed through the parliament with through debates and discussions. As many as 143 odd MPs from both the Houses were expelled were vigorously demanding for debates and referring the three draft laws to the Standing committee of the Lok Sabha for thorough scrutiny.
@VivekPandeyIndia
@VivekPandeyIndia Месяц назад
just to see these eminent geniuses together makes one feels proud to be an Indian. As long as mother India keeps producing such children , no dictator can ever cast an evil eye on our democracy. Bowing at your feel here Mr Sibal for orchestrating such panels 🙏
@mansoor-wq2mm
@mansoor-wq2mm Месяц назад
Thank you Sibal Ji and the eminent panelists for this enlightening discussion 🙏 this discussion, in simple words, is Service to the society ❤
@arpanagarwal2721
@arpanagarwal2721 Месяц назад
Kudos to all. Kapil sir plz do in hindi also, people from villages and even new law student will be benefitted. Thx for wonderful show.
@politicsofthings.
@politicsofthings. Месяц назад
I absolutely love the whole of the panel and you explain everything and in quite the detail.... Thank you. I want to try and ask you to get a panel of opposing views as well(I know they may not be willing) otherwise we are subject to create an echo chamber and soon become what we are opposing.
@HarsHSonkar007
@HarsHSonkar007 Месяц назад
These laws are Police Loving Laws. 😢
@vikasbharti2017
@vikasbharti2017 27 дней назад
Let the people decide
@singlasrock
@singlasrock Месяц назад
Acc. to S173 Of BNSS, police can register FIR irrespective of area where offence is committed but as per S175 of BNSS, it can only be investigated by the police having jurisdiction over the area. Police of one state cannot investigate offence in another state.
@Kartik0240
@Kartik0240 Месяц назад
No, the jurisdiction provided for in 175 is of the court and not of police and the court will always have jurisdiction under 198-201. More so in case of special courts governed not by any special act but by Bnss
@singlasrock
@singlasrock Месяц назад
@@Kartik0240 So can you refer to the provision where police is getting the power to investigate?
@Kartik0240
@Kartik0240 Месяц назад
@@singlasrockwhat do you mean?
@singlasrock
@singlasrock Месяц назад
S.175(1) provides that the Police Officer can investigate into an offence if the police station is within the local limits of the court which has power to try or trial. This corresponds to S.156(1) of CRPC. This means if FIR is registered in Mumbai of an offence committed in Banglore. In such a case, police station of Banglore will only have power to investigate because Magistrate of Banglore will have the power of trial or inquiry.
@Kartik0240
@Kartik0240 Месяц назад
@@singlasrock For any case which falls under 198-201 or is a continuing offence the magistrate in mumbai can also have jurisdiction. It seems you are not an advocate so you dont understand exactly what i am saying but jurisdiction of magistrate can be invoked in any form of continuing offence (in present times even for economic offences, cyber crimes, ni act and the list goes on). 173(1) read with 173(3) gives ample power to police to go to any place beyond its jurisdiction to apprehend the accused on merely a prima facie case. As far as 175 is concerned, 173(3) expressly says without prejudice to anything in 175 so the court’s jurisdiction is no bar at all
@mahendrasinghpawar7771
@mahendrasinghpawar7771 Месяц назад
It appears that the new laws were drafted by a public prosecutor.
@meenazbihari7003
@meenazbihari7003 Месяц назад
So well explained 🙏👏👏👏
@rubyr6915
@rubyr6915 Месяц назад
❤You all are Great person❤ huge respect to all of you🙏
@garhwalhimalayannegi1924
@garhwalhimalayannegi1924 22 дня назад
Nice to see sir you came on a digital platform. All congress intelligent leaders should come forward with their area of interest and aware people of India. "Der aaye durust aaye"
@raisahmad2363
@raisahmad2363 Месяц назад
Highly excellent conversation
@rafia_khan
@rafia_khan Месяц назад
Seriously really appreciate the knowledge and ability to pry through constitutional provisions, really so much to know and learn
@humanyukabeer353
@humanyukabeer353 Месяц назад
Thanks for the cost free, top-notch knowledge ❤
@premprakash4587
@premprakash4587 Месяц назад
Sir it’s very enlightening 🙏
@Tilak025
@Tilak025 20 дней назад
Lots of love from Sikkim
@niruktbhargava7349
@niruktbhargava7349 Месяц назад
Quite interesting and thoughtful!
@praveens4946
@praveens4946 Месяц назад
Well Explained 👏👏👏👏
@vineetgupta1530
@vineetgupta1530 Месяц назад
Means only power ,money oriented person will get heard. And moreover if you are associate with political party which is in power,will only give you guarantee ,to be heard.
@rajat1704
@rajat1704 25 дней назад
what a discussion hats off!!
@sagarbansode6935
@sagarbansode6935 Месяц назад
Very nice Discussion Sir
@akz2251
@akz2251 Месяц назад
Possible the best show of Dilse, thank you
@thecontrarycontrarian4230
@thecontrarycontrarian4230 Месяц назад
Posthumous tribute was given by B R Ambedkar in 1951 and now by Amit Shah in 2024. People in power are so fond of Lord Macaulay.
@gurdeepsingh1616
@gurdeepsingh1616 Месяц назад
True ji
@marshyman7864
@marshyman7864 29 дней назад
India's great mind is here.
@user-kh1fq1fp4n
@user-kh1fq1fp4n Месяц назад
Good efforts
@JV-nt9bp
@JV-nt9bp Месяц назад
Sorry to say there is no longer justice for the ordinary people 😞
@ASRavi1
@ASRavi1 Месяц назад
Dear Sir, "Proviso cannot eat the main provision". Main Sec.223 of BNSS has to be read first and then proviso. The accused need not be present while recording statements of victim and witnesses. "on taking cognizance" in old code has been changed as "while taking cognizance". After recording the statements, if Magistrate feels prima facie case for cognizance exists, then he has to issue notice to accused, hear him and then decide to take cognizance. If not, dismiss the complaint under Sec.227 of BNSS. Even after hearing the accused also, the complaint can be dismissed under Sec.227 of BNSS. Thus, the accused need not be present, while recording statements of victim and witnesses. The reasons are:- 1. They are only a Statements, like Sec.180 of BNSS (Sec.161 of Cr.P.C.) 2. It will cause inconvenience to accused in frivolous cases 3. It may become Substantive Evidence 4. The accused may ask a right of cross examination 5. Issuing notice to accused to appear an injustice act
@gyanibabakibaten
@gyanibabakibaten Месяц назад
So called modernisation of law without having accountability 🤔🤔🤔🤔🤔
@blueheaven4838
@blueheaven4838 Месяц назад
Highly interesting & intellectual conversation between eminent personalities of society that no 9pm debate would ever do justice to.
@Chetna5
@Chetna5 Месяц назад
Do we think UCC should have been drafted and implemented first!?? Which explains what is the way to live within Bharat? While the 3 laws tells actions on breaking those laws?? after listening to so many interaction with respective celebs of judiciary and other respectable guests all i could grasp is that BNSS,BNS and BSS are like IFRS in accounts, interpretation is on the mercy of interpreter.
@manojbhartigupta6555
@manojbhartigupta6555 Месяц назад
👍❤️👍
@dibakardas3416
@dibakardas3416 Месяц назад
@ASRavi1
@ASRavi1 Месяц назад
Dear Sir, Sec.173(1) BNSS does not say about investigation and arrest in Zero F.I.R. cases. Zero F.I.R. will be lodged and forwarded to the jurisdictional police station for re-registration of F.I.R. Like, a covering letter with original complaint. Further, it says only preliminary enquiry, if necessary, in case of murder, rape or any serious nature of offence is committed. Example: medical examination of victim, etc., Go through Standard Operating Procedure issued by Ministry of Home Affairs.
@AshrafAabdi
@AshrafAabdi Месяц назад
Very well explained 👌👌
@Abhi_824
@Abhi_824 Месяц назад
High quality 🎉
@user-tw5qq2cp3j
@user-tw5qq2cp3j Месяц назад
Good episode with eminent personalities
@babooramyadav2660
@babooramyadav2660 Месяц назад
very useful discussion on new laws
@milanmishra6071
@milanmishra6071 Месяц назад
Om namah shivaya
@praveens4946
@praveens4946 Месяц назад
👍👍👍👏👏👏🎉🎉
@chandausinow
@chandausinow Месяц назад
What about the language differences...⁉️ How a Gujarat Policemen interrogate a Tamil speaking citizen? These people have no brains and completely overlooked the ground realities.🤯
@mansoor-wq2mm
@mansoor-wq2mm Месяц назад
good one 🙂 👍
@advrohit83323
@advrohit83323 Месяц назад
If you can't understand their point then it's you who isn't having any brain. They all are prominent personalities in the field of law. They have much more sense than you.
@OmKumar-on8ci
@OmKumar-on8ci Месяц назад
This is what intelectual discussion is!!
@ankitchavan8236
@ankitchavan8236 25 дней назад
Lord Macaulay की शिक्षा प्रणाली की वजह से आज का युवा परेशान है....सोचने की शमता का विकास ही नहीं हुआ...... उसने ध्यान को मार दिया😢
@Shrishtiiii239
@Shrishtiiii239 Месяц назад
Sir please help neet aspirants
@amitsangwan522
@amitsangwan522 6 дней назад
sir in the BNSS 173 cognizable and non cognizable offences are mentioned
@imranullah4710
@imranullah4710 Месяц назад
Perfect
@prakashprakash-su7ju
@prakashprakash-su7ju Месяц назад
PLEASE WITHDRAW NEW CRIMINAL LAWS
@JV-nt9bp
@JV-nt9bp Месяц назад
Police State now 😔
@NIKHILSHARMA-nh2hs
@NIKHILSHARMA-nh2hs Месяц назад
Kapil sir ji please mujhe app se baat kerney h
@gudiyashaikh7639
@gudiyashaikh7639 Месяц назад
Sir please raise voice in sc😢
@locationsoutdoors9165
@locationsoutdoors9165 Месяц назад
😊😊😊
@DurgeshKumarYadav.
@DurgeshKumarYadav. Месяц назад
I am imagining! that mr. lalu prasad Yadav speech on BNS is very interesting!!😅😅😅
@AdityaSharma-dk3sq
@AdityaSharma-dk3sq Месяц назад
What a thumbnail😅
@ssshhhhb
@ssshhhhb Месяц назад
Sir hmare liye bhi kuchh kar do sir We want reneet and this is only justice Sir agr apse is case ki ldne ko bola jaye to thodi km fees le lena Please
@pankajsinha5830
@pankajsinha5830 Месяц назад
What do you expect from Chaiwala?
@kedlapurandararao2240
@kedlapurandararao2240 Месяц назад
The discussion is one decided. There is no counter arguments on validity of sections included or modified.
@navneetsinha9903
@navneetsinha9903 11 дней назад
He only call those people in his podcast for discussion any how who are having connection with the congress or opposing the BJP .
@BenedictJ.Anthony-dd4wx
@BenedictJ.Anthony-dd4wx Месяц назад
Resp Mr KAPIL SIBAL.& RESPECTED DIGNITARIES.. with Respect as a Common Citizen..?? To you Guy's. What you all are going to OPPOSE this NEW LAWS ? IMPLEMENTED BY THIS UNETHICAL SENSELESS BJP MODI GOVT. OR WE COMMON PUBLIC HAVE TO FACE. ?? !!. THANK YOU MR KAPIL SIBAL. TO BRING THE ISSUES FOR CITIZENS. WE HOPE FOR THE BEST.. JAI HIND 🇮🇳 JAI SAMVIDHAN 🇮🇳
@dvg-007
@dvg-007 Месяц назад
Without Mr Salve it sounds one sided and lop-sided..
@Dadasahab1234
@Dadasahab1234 Месяц назад
Sibbal channel. 😮
@dinkardubey333
@dinkardubey333 Месяц назад
Please hindi me prakashit kiya Karen.
@arvindgirgaonkar3017
@arvindgirgaonkar3017 Месяц назад
Lord मॅकालो? Like Navab of Pataudi? सरपंच नहीं?
@tylert9875
@tylert9875 17 дней назад
No SC/ST 👎
@roodysingh2655
@roodysingh2655 2 дня назад
Most of the police personnel don't know the laws, they don't know the application of laws, police officers also misuse their powers and they have done that countless times and they have been found connected to many criminal activities, they have committed several crimes themselves and have worked for organisations of criminals, bhartiya nyaya sanhita is giving wrong, unlawful and illegal powers to police where police will be controlled by "Home minister" without any reasonable restrictions and reasonable intervention of courts and judicial magistrates, where there will be no reasonability or answerability of an arrest, It violates the principles of separation of powers which is most important ingredient of democratic Indian law system, contrary to many Articles of our constitution, against right to life and liberty, police will become a weapon for the government to put down anyone whether just, fair and reasonable or not, It concludes, misuse of law making powers of govt, misuse of powers by police controlled by Home minister that too by a reckless person such as Amit Shah in the worst of governance of BJP, this means total chaos and destruction of Indian justice system...
@obingaanee1518
@obingaanee1518 Месяц назад
Wat is the need of police custody? Can Mr .sibal complete a criminal investigation within 24 hours .. Talking in only advocates perspective...
@sathyanarayanapola607
@sathyanarayanapola607 Месяц назад
sibal is like a great lawyers why not before become a bill suggested the govt .nation is people 150 cr people why after the bill why not done before barking after , they any use to the nation this nation not of modi or any person any useful from you? you are bad intent here are also politics it are called corrupt minded
@pratyushsinha1297
@pratyushsinha1297 Месяц назад
I think u all don't know the criminal law. If it is a flawed amendment then why others support it including cji. Please stop all this as it makes no sense
@Advocate8484
@Advocate8484 Месяц назад
Lol, you should refrain from commenting on the subject which you don't know. They are eminent lawyers and Judges having experience in law more than your age. As far as CJI is concerned, watch his latest interview wherein he himself told that he didn't read the laws yet. He had on earlier occasion only praised the Idea of government to improve the law by bringing new laws. being a practising advocate, i can certainly say that these laws are actually a mess.
@shashankpuri553
@shashankpuri553 Месяц назад
With due respect ... आप सिर्फ ये सब negatively ले के जा रहे हो ये तो पहली बात. But reforms जरुरी हैं फास्ट processing के लिये. आप फास्ट प्रोसेस के लिये क्या हो सकता हैं इसपे एक कॉस्ट होना चाहिए. Even about judicial reform also.
@ajinpv7693
@ajinpv7693 Месяц назад
Bhai abh changes mat karo exam dene mai dekkat hoti h
@ForeverABDeVilliers
@ForeverABDeVilliers Месяц назад
Congress k wafadar neta 🎉🎉🎉🎉 kapil sibal sir always supporting Cong and oppose bjp
@NandKumar-qq3xk
@NandKumar-qq3xk Месяц назад
Kabb tak jeenda rahoge ? Tere chakkar men agla gaddhe men kewn gire jeetejee ? Law and Order ka janam hota hai mreetu death nahin to Democracy ka Janam hota hai Mreetu Death ke liye nahin ! Ok mr.s Emrrgency of Weaker Law and order due tu ? Law of bigg head personality or kingship Pooja padhati = chamche belche mantralaya ? Or fressh powerd mantralaya ?
@riteshs7912
@riteshs7912 Месяц назад
Bhai dhang se likhna toh sikh😂😂😂
@welingkartr416
@welingkartr416 Месяц назад
Kapil Sibal has slaved decades for the party created by British Indian Civil Service (ICS) officer Allan Octavian Hume in line with Lord Maculay's vision for India and here this cribber speaks like this? Nothin better expected from Zero Loss Sibal.
@rakeshdubey1587
@rakeshdubey1587 Месяц назад
Sorry सर, आप कहते कुछ हैं और करते कुछ हैं। जिन्हें क्रोनी कैप्लिस्ट कहते हैं उनहीं की पार्टी में शामिल होने चले जाते हैं। आपने भरोसा खो दिया।
@bikramdeepsingh5901
@bikramdeepsingh5901 Месяц назад
Chup kar be chatukaar sanghi
@NEET_EXPOSED
@NEET_EXPOSED Месяц назад
Rennet
@arvindgirgaonkar3017
@arvindgirgaonkar3017 Месяц назад
Chidambaram? Who himself is in Bail. Kapil is talking on Criminals? What a joke? लोकमान्य तिलक को देशद्रोह के मामले मे मंडाले भेजा गया था! पर गत १०० साल मे देश मे एक भी देशद्रोही नहीं मिला? क्या बात हैं? सब देशभक्त बन गये?
@whoethan.5699
@whoethan.5699 24 дня назад
Man 'You cant get such knowledge even after paying lakhs of money
@kanwalburmi7342
@kanwalburmi7342 Месяц назад
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