The Indian Civil Defense Code (Haryana Amendment) Bill, 2024 will also be introduced in the Assembly today along with four other bills.
Chandigarh News (Aaj Samaj) Chandigarh: In the judicial magistrates’ courts established in the 22 districts of Haryana and about three dozen sub-divisions of the state, the power of the first and second class judicial magistrates, i.e. the first and second class judicial magistrates, is to impose fines in various criminal cases. It will soon increase tenfold. There will be an increase. In the ongoing first session of the ongoing 15th Haryana Legislative Assembly, the Indian Civil Defense Code (Haryana Amendment) Bill, 2024 will also be introduced in the House along with four other bills of the Chief Minister of the state, Nayab Singh Saini, on Monday, November 18, by which the Indian Civil Defense Code will be amended. It is proposed to modify subsection (2) and subsection (3) of article 23 of the (BNSS), 2023.
This is currently the arrangement
Under Article 23(2), a First Class Judicial Magistrate can currently impose a sentence of imprisonment for a maximum of three years or a fine of not more than fifty thousand rupees or both, or community service. Now, by amending it, it has been planned to increase the fine amount ten times from the current maximum of fifty thousand rupees to five lakh rupees. Similarly, under Article 23(3), a second class judicial magistrate can currently impose a sentence of imprisonment for a maximum of one year or a fine of not more than ten thousand rupees or both, or community service, in the that the amount of the fine has now been modified. There is a provision to increase it ten times from the existing maximum of Rs 10,000 to Rs 1 lakh.
After the Haryana Legislative Assembly passes the above-mentioned Indian Civil Defense Code (Haryana Amendment) Bill, 2024 next week, however, it will not be passed by the state governor Bandaru Dattatreya himself, but which will be sent to the Rashtrapati Bhavan through the Home. Ministry of the Central Government and will be sent to the Rashtrapati Bhavan through the Ministry of Home Affairs of the Central Government. Only President Draupadi Murmu will give her assent to the above-mentioned Haryana Amendment Bill, the entire process of which may take the next few months. only after which said bill will be formally legalized.
The president’s consent is required for the amendment
Since the basic law i.e. Indian Civil Security Code (BNSS), 2023 was passed by the country’s Parliament last year following which it received the assent of the President of India on December 25, 2023, so it cannot be modified by the Central Government. or Parliament. And the approval of the President is also necessary for the modifications made by the state governments through their respective assemblies. In the same year, BNSS, 2023 was implemented across the country with effect from July 1, 2024, which replaced the 51-year-old Code of Criminal Procedure (CrPC) of 1973 and under section 29 of that former law of 1973, i.e. 1 before July 2024. the maximum power to impose fines by the first class judicial magistrate was only ten one thousand rupees, while the maximum power to impose fines by the second class judicial magistrate was only five thousand rupees.
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