Give your understanding of the recent judgement given by the Supreme Court ob Section 125 Crpc.
The Bharatiya Nagarik Suraksha Sanhita (BNSS), introduced as a replacement for the Indian Penal Code (IPC), embodies significant changes reflecting modern sensibilities and legal requirements. 1. **Language and Terminology**: The BNSS simplifies legal language, making it more accessible. It replacesRead more
The Bharatiya Nagarik Suraksha Sanhita (BNSS), introduced as a replacement for the Indian Penal Code (IPC), embodies significant changes reflecting modern sensibilities and legal requirements.
1. **Language and Terminology**: The BNSS simplifies legal language, making it more accessible. It replaces archaic terms with contemporary equivalents to enhance understanding.
2. **Focus on Technology**: The BNSS incorporates provisions to address cybercrimes and digital evidence, reflecting the digital age’s complexities absent in the IPC.
3. **Gender Sensitivity**: There is a heightened focus on gender-neutral language and protection against gender-based violence. Provisions against sexual harassment and domestic violence are more robust compared to the IPC.
4. **Community Policing and Rehabilitation**: The BNSS emphasizes community policing and the rehabilitation of offenders. This shift from punitive measures aims to reintegrate offenders into society positively.
5. **Simplified Procedural Aspects**: The BNSS streamlines procedural complexities, aiming for swifter justice. It reduces the bureaucratic red tape present in the Criminal Procedure Code (CrPC).
6. **Victim-Centric Approach**: Enhanced focus on victim rights and compensation reflects a shift from the IPC’s offender-centric approach.
In essence, the BNSS modernizes India’s criminal justice system, aligning it with contemporary values, technological advancements, and an emphasis on rehabilitation and victim rights.
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The recent Supreme Court judgement on Section 125 of the Criminal Procedure Code (CrPC) reinforces the fundamental principle of ensuring financial support to dependents. Section 125 CrPC mandates that a person with sufficient means must provide maintenance to their wife, children, and parents if theRead more
The recent Supreme Court judgement on Section 125 of the Criminal Procedure Code (CrPC) reinforces the fundamental principle of ensuring financial support to dependents. Section 125 CrPC mandates that a person with sufficient means must provide maintenance to their wife, children, and parents if they are unable to maintain themselves.
In its ruling, the Supreme Court underscored the objective of Section 125 as a measure to prevent destitution and vagrancy. The court emphasized that the provision is a welfare measure, aimed at securing the rights of dependents and ensuring they have the means to live a life with dignity. The judgement reiterated that maintenance should be granted promptly and efficiently, without prolonged litigation delays.
Additionally, the court clarified that the term “wife” includes a divorced woman who has not remarried, highlighting the intent to protect all women, irrespective of their marital status at the time of seeking maintenance. The court also stressed the need for a pragmatic approach in determining the amount of maintenance, considering the rising cost of living and inflation.
Overall, the judgement strengthens the enforcement of Section 125 CrPC, ensuring that dependents receive timely financial support, aligning with the broader objective of social justice and welfare.
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