Ex-CJI welcomes new criminal laws, wants crypto and online crimes to be included

Former Chief Justice of India U.U. Lalit on Saturday welcomed the new penal code, the ‘Bharatiya Nyaya Sanhita’, which will soon come into force. He, however, pointed out that issues such as crypto currency and cybercrimes have not been incorporated in it.

Addressing a seminar on the new laws organised by the India Foundation in association with NALSAR-Hyderabad, Mr. Lalit said crypto currency and crypto crimes are a reality. There has, however, been no legislation to deal with it, with the legal fraternity relying on the normal definition of theft. The code is also silent on the digital world of fake personas and related issues, which transcend nations. He hoped that Parliament will deal with it in the coming years.

Terming the new criminal laws a “good exercise” with “wholesome provisions designed to achieve the greater good”, he said the provisions to enhance punishments under culpable homicide for hit-and-run cases are welcome steps.

The former CJI, however, wished that the legislature had considered rape “gender neutral” and said it was “unfortunate” that the recommendation was not accepted. Certain provisions are also not clear and could raise elements of doubt in cases such as those under sedition.

Parliament did a great service by including “endangering the sovereignty and unity of the country” into the provisions as mere criticism of the government cannot be under sedition.

The amendments under the Terrorist Act to deal with the diverse kind of criminal activities was another welcome step. “The new laws have been devised and enacted by us, by our people, rather than being thrust upon us,” added Mr. Lalit. Former MLC and senior advocate N. Ramchander Rao and NALSAR V.C. Srikrishna Deva Rao and others also spoke.

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