Indian Penal Code Current Affairs - 2019

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DNA Technology (Use and Application) Regulation Bill, 2018 introduced in Lok Sabha

The DNA Technology (Use and Application) Regulation Bill, 2018 was introduced in Lok Sabha by the Minister of Science and Technology Harsh Vardhan.

Features of the Bill

The bill aims to allow the use of DNA technology for establishing the identity of certain persons, including victims, offenders and missing persons. The features of the bill are:

  • The Bill regulates the use of DNA technology for establishing the identity of persons in respect of matters listed in a Schedule which include criminal matters (such as offences under the Indian Penal Code, 1860), and civil matters such as parentage disputes, emigration or immigration, and transplantation of human organs.
  • The Bill seeks to establish a National DNA Data Bank and Regional DNA Data Banks.
  • As per the provisions of the bill, every Data Bank is required to maintain the following indices: (i) crime scene index, (ii) suspects’ or undertrials’ index, (iii) offenders’ index, (iv) missing persons’ index, and (v) unknown deceased persons’ index.
  • The Bill establishes a DNA Regulatory Board to accredit the DNA laboratories that analyse DNA samples to establish the identity of an individual.
  • It is mandatory to get written consent by individuals to collect DNA samples from them. The consent is not required for offences with the punishment of more than seven years of imprisonment or death.
  • The Bill provides for the removal of DNA profiles of suspects on the filing of a police report or court order. The DNA profiles of undertrials can be removed on the basis of a court order.  Profiles in the crime scene and missing person’s index will be removed on a written request.

The members of the house citing privacy concerns requested for referring the bill to the standing committee of the Parliament.

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Jammu and Kashmir passes the law on Sexual Exploitation

The state assembly of Jammu and Kashmir has passed law to ban sexual extortion of woman in offices and became the first state in the country to amend law on Sextortion. The State Administrative Council headed by Governor Satya Pal Malik has given approval for Prevention of Corruption (Amendment) Bill, 2018 and Jammu and Kashmir Criminal Laws (Amendment) Bill, 2018.

Key Features

  • The new law amended section 154, 161 and schedule of Criminal Procedure Code and Section 53 of Evidence Act to bring the Sextortion as a similar offence prescribed under RPC.
  • New Section E has been added to Section 354 of Ranbir Penal Code that makes sexual harassment a criminal offence with three years of imprisonment.
  • The amended section 354 E has the provision related to sexual harassment and practice of extorting money at workplace by those who are in position of authority, having a fiduciary relationship or a public servant.
  • The new amendment prescribed the definition of misconduct and the demand for sexual favours also comes under the misconduct in Section 5.

About Ranbir Penal Code

Indian Penal code is not applicable to Jammu and Kashmir and in place of IPC, a similar criminal law Ranbir Penal Code applies in the state.  The code was introduced by Ranbir Singh during the Dogra Dynasty and it came in effect from 1932. The provision of code was prepared by Thomas Babington Macaulay.

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