List of Current Affairs

Why in News?

• Recently, a Delhi Court granted interim bail to Member of Parliament and former Wrestling Federation of India President Brij Bhushan Singh in the sexual harassment case filed by women wrestlers.
• Additional Chief Metropolitan Magistrate (ACMM) Harjeet Singh Jaspal of Rouse Avenue Courts was hearing the matter of State v. Brij Bhushan Singh & Anr.

Background

• The Delhi Police had filed the chargesheet last month under Sections 354 (outraging modesty of a woman), 354A (sexually colored remarks), 354D (stalking) and 506(1) (criminal intimidation) of Indian Penal Code, 1860.
• Later, a cancellation report was filed by the Delhi Police in Patiala House Court for the allegations of minor against the accused.
• The timeline for alleged offences is between 2016 and 2019.
• The offences are alleged to be committed in WFI office, at accused’s official residence and also abroad.

Court’s Observations

• The court relied on the mandate of Satendra Kumar Antil v. CBI (2022) wherein the Supreme Court gave an observation on offenses that are punishable with imprisonment of 7 years or less.
  • The court observed if the charge sheet has been filed without arrest and the accused has cooperated throughout the investigation his application may be heard without taking him into physical custody.
• The court granted bail while stating that the charge sheet has been filed with arrest and the accused “have cooperated with the investigation”.

Interim Bail

• Bail refers to the provisional release of the accused in a criminal case in which the court has not announced the judgment yet.
• The Supreme Court laid the principle of “bail is a rule and jail is an exception” in State of Rajasthan v. Balchand alias Baliya (1978) which attests the importance of bail in criminal justice system.
• A short-term bail that is given to accused before the hearing for the grant of regular or anticipatory bail is called interim bail.
  • Regular Bail: Regular bail is frequently issued to an individual who has previously been arrested and detained by police. The accused has the right to be freed from such confinement under Section 437 and Section 439 of the CrPC. So, regular bail is simply the release of an accused from jail to ensure his attendance at the trial.
  • Anticipatory Bail: Anticipatory bail is a release granted to an accused apprehending arrest.
    • A person anticipating arrest may apply to the Court of Session or High Court for a direction to be released on bail under Section 438 of Cr.P.C, 1973.
    • The concept is based on the legal principle of presumption of innocence.

Cancellation Report

• There may be a situation where police may conclude that an offence has not been committed and may file the cancellation report.
• Such report of police officer on completion of investigation is filed under Section 173 of the Code of Criminal Procedure, 1973
• The Magistrate may agree with the report of the police officer and decide to drop the proceedings.

Why in News?

• The Supreme Court has recently given observation on the judgment delivered in October 2021 by the Bombay High Court in the Union of India v. Rhea Chakraborty.
• The bench said that the High Court’s interpretation of the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) will not be treated as a precedent in any other cases.

Background

• The drugs case against Rhea Chakraborty was registered post the death of actor Sushant Singh Rajput in 2021.
• She was arrested in the NDPS case on September 8, 2021 and got bail a month later on October 4, 2021.
• The Bombay High Court had interpreted the scope of Section 27A of the NDPS Act to hold that mere giving of money to buy drugs and mere concealment of drug use by a person will not amount to "financing illicit trade" and "harbouring of offender" as per the said section.
• The Narcotics Control Bureau Challenged the approach of the High Court in the Supreme Court. The NDPS Act, 1985 is the principal legislation through which the state regulates the operations of narcotic drugs and psychotropic substances.

Court’s Observation

• The bench of Justices A S Bopanna and M M Sundresh observed that at this stage the challenge to impugned order may not be required. However, the question of law would be kept open.

Section 27A NDPS Act

• The NDPS Act, 1985 is a cardinal legislation through which the state regulates the operations of narcotic drugs and psychotropic substances.
• Section 27A of the Act prescribes the punishment for financing illicit traffic and harboring offenders.
• The punishment mentioned under the provision is rigorous imprisonment for a term which shall not be less than ten years, but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees, but which may extend to two lakh rupees.
• The court may, for reasons recorded in the writing, impose a fine exceeding two lakh rupees.
• A significant amendment was made to the section in the year 2021.
  • Section 2 of the Act defining the term “illicit activities” was amended in 2014.
  • However, term illicit activities under Section 27A was not amended in 2014 and continued to refer to the earlier clause number (as it was before 2014 amendment).
  • This error was later rectified through the Amendment Act of 2021.

Why in News?

Recently, the Rajasthan Government has introduced the Rajasthan Minimum Guaranteed Income Bill, 2023 for the purpose of supporting individuals and households of the state with an “additional income”.

Background

• The Bill was announced by the Chief Minister of Rajasthan Ashok Gehlot, in his budget speech earlier this year.
• The Bill is part of a bouquet of schemes and measures undertaken by his government to provide relief to citizens from inflation with an eye on polls later this year.

Legal Provisions

The Bill largely covers three broad areas which are:

• Right to Minimum Guaranteed Income
• Right to Guaranteed Employment
• Right to Guaranteed Social Security Pension

Right to Minimum Guaranteed Income

• It states that the State Government shall provide to eligible persons a minimum guaranteed income by providing employment in urban areas through the Indira Gandhi Urban Employment Guarantee Scheme (IGUEGS) and in rural areas through Chief Minister Rural Employment Guarantee Scheme (CMREGS).
• It will be providing pension to an eligible category of old age/specially abled/widow/single woman.

Right to Guaranteed Employment

• Every adult person residing in the rural areas of the state shall have a right to get guaranteed employment for doing permissible work of at least additional 25 days in a financial year on completion of maximum days of work as prescribed by the MGNREGA (Mahatma Gandhi National Rural Employment Guarantee Act).
• They are also entitled to receive minimum wages weekly or in any case not later than a fortnight.
• In urban areas, every adult person of the State shall have a right to get guaranteed employment for doing permissible work of at least 125 days in a financial year and to receive minimum wages weekly or in any case not later than a fortnight.
• In case the Programme Officer fails to provide employment within 15 days from the receipt of the application in the prescribed manner, the applicant shall be entitled to receive unemployment allowance from the state government on a weekly basis and in any case not later than a fortnight.

Right to Guaranteed Social Security Pension

• The Right to Guaranteed Social Security Pension entitles every person falling in the category of old age/specially abled/widow/single woman, with prescribed eligibility, to a pension.
• An important component of the pension would be an automatic increase of 15 per cent annually on the base rate in two instalments i.e., 5 per cent in July and 10 per cent in January of each financial year, starting from the financial year 2024-2025.