Keeping Pace with Legal Change
The impending extradition of Happy Passia marks a crucial step in combating terrorism. Accused of orchestrating 14 grenade attacks in Punjab, his “reign of terror” targeted police and civilians. Charged under the UAPA and Explosive Substances Act, Passia’s return to India ensures justice for his alleged heinous crimes.
London High Court denied Nirav Modi bail, citing abscond risk and a strong prima facie case in the ₹13,500 crore Punjab National Bank fraud involving fake letters of undertaking and asset diversion.
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, establishes strong mechanisms for dealing with offences that have taken place outside a court’s jurisdiction, replacing the Criminal Procedure Code, 1973. Section 188 authorizes Indian courts to prosecute offences that have been committed abroad by Indian nationals or on Indian ships, as long as they affect national interests. Extradition and mutual legal assistance are made easy to aid prosecution. Courts can initiate investigations or trials on the basis of complaints or evidence received, even electronically, to facilitate procedural flexibility. These provisions bolster India’s legal system to tackle cross-border crime effectively, while balancing sovereignty and justice.
