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Former Chief Justice of India Advocates Inclusion of Crypto and Cyber Crimes in New Penal Code

Former Chief Justice of India, U.U. Lalit, expressed his endorsement of the forthcoming penal code, the ‘Bharatiya Nyaya Sanhita’, during a seminar hosted by the India Foundation in collaboration with NALSAR-Hyderabad. Scheduled for imminent implementation, the new code has garnered praise from Lalit for its comprehensive provisions. However, Lalit raised pertinent concerns regarding the absence of provisions addressing cryptocurrency and cybercrimes within the code.

Speaking at the seminar, Lalit emphasized the urgency of legislating measures to address the growing prevalence of cryptocurrency and associated criminal activities. He highlighted the lack of specific legislation in this domain, leaving legal practitioners to rely on conventional definitions of theft. Additionally, Lalit underscored the absence of provisions addressing the complexities of the digital realm, including issues such as fake personas, which transcend geographical boundaries. Lalit expressed hope that Parliament would prioritize legislation to address these emerging challenges in the near future.

Despite his reservations regarding certain omissions, Lalit commended the new criminal laws as a commendable effort with provisions aimed at promoting societal welfare. Notably, he lauded provisions aimed at enhancing penalties for culpable homicide in hit-and-run cases, signaling a positive step towards ensuring justice for victims of such incidents.

However, Lalit expressed regret over the legislature’s failure to adopt a gender-neutral approach towards defining rape, deeming it as “unfortunate.” He also highlighted ambiguities within certain provisions, particularly those pertaining to sedition, which could potentially introduce elements of uncertainty in legal proceedings.

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Lalit acknowledged Parliament’s commendable decision to incorporate provisions addressing acts endangering the sovereignty and unity of the nation within the new laws. He emphasized the importance of distinguishing between legitimate criticism of the government and seditious activities, applauding efforts to safeguard freedom of expression while upholding national interests.

Furthermore, Lalit welcomed amendments to the Terrorist Act aimed at addressing a diverse range of criminal activities, underscoring the importance of legislative measures devised and enacted by the nation’s own representatives.

The seminar witnessed contributions from various legal luminaries, including former MLC and senior advocate N. Ramchander Rao, NALSAR Vice-Chancellor Srikrishna Deva Rao, and other esteemed speakers. Their discussions highlighted the significance of ongoing legal reforms and the need to adapt legislative frameworks to address evolving societal challenges effectively.

In conclusion, Lalit’s advocacy for the inclusion of provisions addressing crypto and cyber crimes reflects a proactive approach towards confronting emerging threats in the digital age. As India prepares to implement the new penal code, the discourse initiated at seminars like these underscores the importance of continuous dialogue and legislative innovation to uphold the principles of justice and societal well-being.

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