BNS punishment for not incriminting yourself

Summary

A lawyer critiques new legal amendments, particularly focusing on Section 106, which deals with causing death by negligence. The punishment for this offense has increased from two to five years, but the lawyer finds it problematic that individuals who fail to report such incidents to the police or magistrate now face up to 10 years of imprisonment. They argue that this contradicts the constitutional protection against self-incrimination and express skepticism about how this will be applied in court, calling for reconsideration of this legal approach.

Takeaways

• ⚖️ The speaker laments the new laws and expresses frustration over the changes.
• 📜 Section 106 has replaced Section 304A, addressing causing death by negligence.
• 📈 The punishment for causing death by negligence has been increased from 2 years to 5 years.
• 🚗 Clause 2 of Section 106 introduces a specific focus on causing death by negligent driving of a vehicle.
• 😲 It's now mandatory to report the incident to the police or a magistrate to avoid harsher penalties.
• 🛑 Failure to report an incident results in a harsher punishment, up to 10 years of imprisonment.
• ⚖️ The speaker finds it controversial that the law seems to override the Constitutional right against self-incrimination.
• 👨‍⚖️ There is skepticism about how this new law will be interpreted and enforced in courts.
• 🚨 The law could lead to police officers filing FIRs and charge sheets under Clause 2 for failing to report incidents.
• 😂 The speaker finds the provision laughable and believes it needs serious reconsideration.

Q & A

What is the speaker's main concern about the new laws mentioned in the transcript?

The speaker is concerned that the new laws, especially related to causing death by negligence, are flawed and inconsistent. They particularly criticize the requirement for individuals to report an incident to avoid harsher penalties.

What changes have been made to the punishment for causing death by negligence?

The punishment for causing death by negligence has been increased from 2 years of imprisonment (under section 304A) to 5 years (under section 106 of the BH Nanita).

Why does the speaker find Clause 2 of section 106 laughable?

The speaker finds Clause 2 laughable because it requires the person who caused death by negligent driving to report the incident to the police or magistrate to avoid harsher punishment, which they believe contradicts the constitutional right against self-incrimination.

What does Clause 2 of section 106 specifically state?

Clause 2 of section 106 states that whoever causes death by rash or negligent driving and fails to report the incident to a police officer or magistrate will face up to 10 years of imprisonment and be liable to a fine.

How does the speaker view the increase in punishment for negligent driving-related deaths?

The speaker views the increase in punishment positively, as they believe the original 2-year sentence was too lenient for causing death by negligence.

Why does the speaker believe the new law contradicts the constitutional mandate?

The speaker argues that the new law contradicts the constitutional mandate against self-incrimination by forcing individuals to report their own actions (such as causing a death by negligence) to avoid harsher penalties.

What potential issue does the speaker foresee with police officers filing cases under section 106 Clause 2?

The speaker foresees that police officers will file FIRs under section 106 Clause 2 and charge individuals with not reporting the incident, which could lead to harsher sentences of up to 10 years.

What aspect of the new law does the speaker find particularly concerning for future court cases?

The speaker finds the requirement for individuals to report their own negligence concerning, as they anticipate legal challenges over this self-reporting requirement and its potential for harsher punishment in future court cases.

How does the speaker describe the change in law regarding the act of fleeing the scene after causing a negligent death?

The speaker describes the change as problematic because it imposes a heavy penalty (up to 10 years) for fleeing the scene without reporting the incident, which contradicts the right against self-incrimination.

What does the speaker suggest needs to be reconsidered in the new law?

The speaker suggests that the law, particularly the self-reporting requirement in section 106 Clause 2, needs serious reconsideration as it conflicts with constitutional protections and could lead to harsh, unreasonable penalties.