Electoral Bond Scam: Ridiculous attempts by SBI to hide Bond Purchasers' Identity

 KYC: Oh what KYC at SBI ?

Normal Indian Citizens and Companies face numerous hassles at State Bank of India (SBI) to prove their identity and credentials to this government controlled bank. They call it their own "Know Your Customer" (KYC) protocol as mandated by India's Central Bank, Reserve Bank Of India!

One expected after all those formalities are full filled, the names would appear in proper authentic manner in their Proper manner. Remember, SBI is India's largest and oldest bank.

A name must have more than one word, but I find many single word names in SBI submitted Bond Purchaser Data. These data came from SBI's computerised records. Clear desperate last ditch efforts by SBI to hide some "high net worth individuals"(HNI) involvement in Electoral Bond Purchases.

I challenge SBI Chairman or SBI's Counsel at Supreme Court can't even pronounce these names (I will put them in Bold letters):

 ABHINANDANSTOCKBROKINGPVTLTD

This entity purchased at least 48 Electoral Bonds over the period Starting from 9th April 2021 to 11th Jan 2024.

Whenever this entity purchased, they purchased multiple bonds and they were all high denomination bonds ( 1 crore or 10 lakhs, in other words each were over a million rupees in worth).

 Real Name of this company Is:

Abhinandan Stock Broking Private Limited 

ABNLINVESTMENTLIMITED

This company bought 9 Electoral Bonds of 1 crore each. 

But SBI's KYC protocol didn't stop these sales as this word can't be pronounced in the language in which SBI has submitted its report . 

Possible Real Names are:

A B N L INVESTMENT LIMITED

Or

ABNL INVESTMENT LIMITED 

but which one is real?

 ABNL Investment is part of Aditya Birla Group and its registered office is in Junagarh, Gujarat . 

Was this an effort to hide the Aditya Birla Group's involvement in Electoral Bond purchases ? This conglomerate is "Too Big for KYC", huh, SBI?

ALEMBICPHARMACEUTICALSLINCLRTGS

 Forget Harish Salve, even Shashi Tharoor can't even pronounce this word. This is SBI's attempt to obfuscating the name of Alembic Pharmaceuticals Inc.

Why? Because this Vadodara based company is actually registered in Ahmedabad, goes by the name of "Alembic Pharmaceuticals Limited" with a company Registration ID or CIN of "L24230GJ2010PLC061123"

This company is highly indebted and had to pledge assets in the past to finance its debt obligations. (Source)

Promoters have strong ties with the ruling party. They purchased 21 high denomination electoral bonds between November 2022 to July 2023. Multiple bond purchases on multiple occasions, still SBI's KYC protocol could not raise a single issue .. With such illegible and factually incorrect company name.

ARIZONAGLOBALSERVICESPVTLTDBR

 Come On, SBI !

Arizona Global Services Private Limited .. But what is this trailing BR? You were selling Electoral Bonds inside India only, how did Arizona came inside this?

 This must be one those Nehru place shops which are full of Patriotic Modi fans .. who have no Knowledge that Arizona comes from Spanish "Zona Arida" or "Arid Zone" in English. Now that Modi fans has started an Arizona in South Delhi, India has truly become a Vishwaguru or world Leader.. ha ha ha!

Anyway, they bought 5 Electoral Bonds worth 1 crore. I can't even think, why SBI has obfuscated their nname. No KYC for foreign sounding name, huh SBI?

ARVINDBEAUTYBRANDSRETAILPVTLTD

 This must be Arvind Beauty Brands Retail, who purchased 3 bonds worth 1  crore each on 10th November 2022. This is also another Gujarat based company operating out of Ahmedabad .  

ARVINDINFRACONLLP

Is this Arvind Infracon LLP? Arvind Infracon Llp is a Limited Liability Partnership firm incorporated on 04 March 2014. It is registered at Registrar of Companies, Ahmedabad. Its total obligation of contribution is Rs. 100,000.

 But they bought 4 Electoral bonds worth  1 crore each.

BTW, LLP means Limited Liability Partnership.. if they don't pay back or deliver infrastructure Projects in time.. all creditors can claim is the Obligation of contributions .  Sweet Isn't It.. thank Arun Jaitley for amending Companies Act and reallowing LLPs and LLCs!

 Toughest Unscramble Test comes next:

BESSEGGENINFOTECHLLP

Let me show you, which Part is readable :

BESSEGGEN INFOTECH LLP

 of course, I goggled about Besseggen .. it is little known mountain range in Norway! 

But a search in Corporate Directory found that.. there is a company in Noida , UP..

What? N for Noida and N for Norway? Is that the link?

Is BESSEGGEN a truncated form Of "Best Second Generation"??

They bought 39 Electoral Bonds, totalling Over 7 crore.. multiple bonds on multiple occasions.. Still SBI has the wrong spelling

These names as they are printed on SBI's disclosure reports, are violations of RBI rules and SBI'S own protocol. 

This shows how little sincerity SBI has in complying with Supreme Court order.

This list is so large that I have do at least another post on these mockery of SBI reports.

KYC? Ha ha ha? They must Know The Spelling to Know The Customer ..

#ElectoralBondScam : The Coverup begins

 ABC.zip : 1315 attempts of Obfuscation by Election Commission 

Yesterday afternoon Election Commission released another File "ABC.zip" in the same webpage where it was releasing the Electoral Bond data : Disclosure of electoral bonds

Godi Media and independent media started cherry picking some of those documents and started obfuscating the good data based investigations that had started . 

I have downloaded and unzipped the files, those are communications between Election Commission Of India and all political parties, not only national Parties, but also, state level regional parties and even unrecognised unknown Political Outfits. 

1315 files were in that zip files, structured (or burned) in folders named:

• box1
• box2
• Sealed Envelope (so some sealed envelopes can be opened and contents shared with public [Just not the rafale Envelope ])

Thereafter there are numerous subfolders and inside mostly are one page communications by most political Parties saying either that they have not received any Electoral Bonds or big parties saying how much Bonds they received but denying that they've any knowledge of any identity of the donor. 

 Well, there are some exceptions like DMK or J&K National Conference.. however it is important to remember,  according to now struck down unconstitutional law, only SBI knew the data of real purchaser as parties had to depend on voluntary disclosure of Bond Donors, who themselves can be couriers or real purchasers. 

Did Election Commission needed to disclose letters of hundreds of parties, who has never even received a single Electoral Bond ? No.

According to SBI, only 24 Political Parties received and encashed Electoral  Bonds since 12th April 2019 and they are: 

Sl No.	Party Name (as given by SBI)	Party Acronym
1	BHARTIYA JANTA PARTY	BJP
2	ALL INDIA TRINAMOOL CONGRESS	AITMC
3	PRESIDENT, ALL INDIA CONGRESS COMMITTEE	Congress
4	BHARAT RASHTRA SAMITHI	BRS
5	BIJU JANATA DAL	BJD
6	DMK PARTY IN PARLIAMENT	DMK
7	YSR CONGRESS PARTY (YUVAJANA SRAMIKA R	YSR Congress
8	TELUGU DESAM PARTY	TDP
9	"SHIVSENA (POLITICAL PARTY)" and also "SHIVSENA"	SS
10	"RASHTRIYA JANTA DAL" and  also "RASTRIYA JANTA DAL"	RJD
11	AAM AADMI PARTY	AAP
12	JANATA DAL ( SECULAR )	JD(S)
13	SIKKIM KRANTIKARI MORCHA	SKM
14	"NATIONALIST CONGRESS PARTY MAHARASHTRA PRADESH" and also "NATIONALIST CONGRESS PARTY PARLIAMENT OF "	NCP
15	JANASENA PARTY	JanaSena
16	ADYAKSHA SAMAJVADI PARTY	SP
17	BIHAR PRADESH JANTA DAL(UNITED)	JDU
18	JHARKHAND MUKTI MORCHA	JMM
19	SHIROMANI AKALI DAL	SAD
20	ALL INDIA ANNA DRAVIDA MUNNETRA KAZHAGAM	AIADMK
21	SIKKIM DEMOCRATIC FRONT	SDF
22	MAHARASHTRAWADI GOMNTAK PARTY	MGP
23	JAMMU AND KASHMIR NATIONAL CONFERENCE	J&K NC
24	GOA FORWARD PARTY	GFP

I have taken the liberty of summarising those 20421 lines of encashed electoral bonds and arranging them in the order of money they encashed. If you want these party names in image format, I provide that below:

 

 As you can see, State Bank of India who is extremely fussy about Individual's identity and its "KYC" protocols is quite laxed when it comes to Parties name! At least 3 parties name came with 2 different names and plenty more party names are replaced with office holder's title and sometimes even outright incomplete or incorrect. 

But since only 24 parties encashed Electoral Bonds, so we managed to get their real names.

So Election Commission could have released just these 24 parties communications in a separate zip to make concerned citizens life a little less hard.

So which party recieved how much money:

I have that list also (I will be back with more analysis shortly)and here it is:

Party Acronym	No of bonds encashed	Total Amount Encashed
BJP	8633	60,605,111,000.00
AITMC	3305	16,095,314,000.00
Congress	3146	14,218,655,000.00
BRS	1806	12,147,099,000.00
BJD	861	7,755,000,000.00
DMK	648	6,390,000,000.00
YSR Congress	472	3,370,000,000.00
TDP	279	2,188,800,000.00
SS	355	1,593,814,000.00
RJD	150	735,000,000.00
AAP	245	654,500,000.00
JD(S)	75	435,000,000.00
SKM	50	365,000,000.00
NCP	121	310,000,000.00
JanaSena	39	210,000,000.00
SP	46	140,500,000.00
JDU	14	140,000,000.00
JMM	45	135,000,000.00
SAD	33	72,600,000.00
AIADMK	38	60,500,000.00
SDF	10	55,000,000.00
MGP	28	5,500,000.00
J&K NC	5	5,000,000.00
GFP	17	3,500,000.00

SBI's Biggest Fraud in Independent India: Electoral Bond

 Stupid Indian Media can't even Analyse SBI's fraudulent Data: Even Supreme Court Lordships are all at sea, seeing such large data.

Corrupt SBI bankers were banking that if they toss a few company names, Indian Media won't check the completeness of this data and that has happened. Indian Media is busy gobbling up the names and even showcasing "Corrupt Companies" who donated "Electoral Bonds" (as Supreme Court has suggested for "Quid Pro Quo" deals) as "Top Political Donors".

So let's analyse what SBI has done :

They handed over two INCOMPLETE reports saved as PDF files and Election Commission Of India has released them in "as is" form on the website . 

Technically , it didn't take SBI back-office guys even 10 minutes to do it.

First let us look at the donor file:

 

Just a 3 column report, showing Purchase date, Purchaser Name and Denomination mentioned in that Electoral Bond. 

The data is arranged by Purchase date (earliest first) and then Name of the Purchaser (arranged alphabetically) and then perhaps by THE HIDDEN ELECTORAL BOND ID .

Every line denotes a single Electoral Bond.

 132 Electoral Bonds of Rs. 1000

  220 Bonds of Rs. 10,000

  2228 Electoral Bonds of 100,000 ( 1 lakh)

  4620 Bonds of 1 million rupees (10 lakh)

 11671 whooping number of Bonds of 10 million (1 crore) each.

Note: Earliest data here is from 12/April/2019. Which is in the middle of "Electoral Bond" sale ahead of last Parliamentary election in the year of 2019. Why Supreme court allowed "half of an election cycle" data, is beyond me.

In this dataset published by Election Commission, SBI cashed out More money to Parties than the Bonds they sold.

Or Deliberately gave incomplete data:

Let us look at the data of encashing of Bonds now.. lets start at page one of the PDF shall we!

 

 Just a 3 column report, showing date of Encashment, Party Name and Denomination mentioned in that Electoral Bond.

The data is arranged by Date (earliest first) and then Name of the Party (arranged alphabetically) and then perhaps by THE HIDDEN ELECTORAL BOND ID . Note that AIADMK name comes at the top in Page 1 only because of Alphabetical ordering of this list.

Here also the first entry is from 12th April, 2019.

Every line denotes a single Electoral Bond.

 103 Electoral Bonds of Rs. 1000 each

  219 Bonds of Rs. 10,000

These two data for lower denominations are marginally lower than bonds sold as investigative journalists bought a few to check what is inside the so called "Anonymous Bonds" ..

  2526 Electoral Bonds encashed of denomination of Rs. 100,000 ( 1 lakh) against 2228 Bonds sold, that's an excess of 298 Bond certificates.

  5366 Bonds of 1 million rupees (10 lakh) cashed out by SBI while they only sold 4620 bond certificates in the same date period.  Excess of 746 certificates.

 12201 , that's 536 massive number of excess Electoral Bonds of 10 million (1 crore) denomination encashed by SBI as they sold that grand number of 11671 .

So SBI has hidden over 1500 Electoral Bond Purchases amounting to values of over 600 crores from the period of 12th April, 2019. If only the Lordships knew HOW TO ADD NUMBERS hidden in a PDF files, they would have figured it out themselves. Or SBI must have paid over 600 crore to some political party on their own.

 Fraud started from DAY 1, that is, 12/April/2019.. 517 Electoral Bonds were encashed from SBI, while only 279 Electoral Bonds were sold that day by SBI.

Pattern continues on next day also, 15/April/2019, only 187 Electoral Bonds sold by SBI but 248 Electoral Bonds encashed by various Political parties. 

16/April/2019, 392 bonds encashed while SBI sold only 350 Electoral Bonds.

 

Proving beyond any doubt that SBI has indeed hidden Electoral Bond data, especially who purchased such bonds ..

Rejoinder: Supreme Court has indeed picked up issues with this list, as critical "Unique Electoral Bond ID" is missing, when I was busy doing analysis of the data.  But SBI has furnished Incomplete Data and I guess nobody added the total of Both lists and noticed the discrepancy as yet. 

 

In spite of different font size,  this should have been obvious to all as Purchase data in released in 337 page PDF while encashment data is released in 426 page PDF.

 

 So SBI has hidden at least 1550 Electoral Bond Purchase data and the value of those Bonds are at Least 613 crore 57 lakh 61 thousand rupees. AT LEAST!!!

Minicoy: Next Island on Destroy Radar of Modi's India

 

Minicoy: India's Island to Destroy 

Godi indian Media is abuzz with the news that India is going to build a dual purpose airport on Minicoy island and they are also hotly contesting unofficial remarks of some official of tiny island country of Maldives. Godi Media is seeing Chinese hand in Indian Ocean because they don't have the know-how of how to see Chinese Military Infrastructure on India-China border.. whenever some American satellite picture analyst will give information that China has built another village on Indian soil, then they will attack that analyst, calling him Anti-Modi. Let China's Army come inside India and do picnic across the Indian Border, they won't raise a voice. 

Since Indian Media gets its knowledge from god damned wikipedia and unknown "sources" of Government, they have absolutely zero knowledge about anything, so expecting that they will be having knowledge of Minicoy island is as foolish as searching for Modi's answer sheets from university examination.  What never existed, does not exist. 

Let's get to the facts, the super-tiny island has an habitable area which is less than 4 square kilometers when you exclude the beaches. In last Government census of 2011, (Since present Government is busy in photo-shoots, they and their electorate both has forgotten that 2021 census is still pending) Minicoy had a population of about ten-thousand who mostly live on northern part of the island. 

Remaining Minicoy island is the Government declared Forest area covered in thick coconut groves. This part has a lagoon on the north side, and Indian Ocean (locally named laccadive Sea) on the south. I have taken a screenshot of that part of Minicoy island from USGS bathymetry viewer. Although stupid Wikipedia says highest elevation is only 2 meters, but USGS bathymetry puts elevation at 8 meters on north side, 11 meters of southern end. This coconut groves had important role is protecting the lagoon and island as a whole from destruction while facing natural disasters. 

The Ecological choice : Coconut grove forest or unfeasible Airport - Natural beauty Vs Cheap thrill of selfie promotion. 

There are only one place there to build a dual purpose airstrip or almost something like that .. that has to be on the coconut grove forest and must be built along the east-west direction. Since the area is majorly slanted with south side elevation being 2 metres higher, its not the case cutting few trees and planting a airstrip there, whole of coconut forest has to be struck down, whole area has to be reorganised geographically..

Since Air force will be using the proposed, there has to be hangers and ammunition depots. Air Force would need living quarters for its personnel.

Air Traffic Control would need a fully operational office.

There has to be a terminal for commercial flights.

Jet-setting "wannabe Adani" tourists from mainland would want new 5-star hotels with special vegetarian restaurants, won't they?

Can anyone put all that in 3 square kilometres of coconut forests that they want to usurp?

After all that forest destruction and concrete laying, debris would invariably pile up on lagoon beaches and ultimately in the lagoon.. destroying the fish and tourism potential of the lagoon. 

To say this Airport would serve entire Lakshadweep as many in Indian Media are saying,  is to express one's ignorance about Lakshadweep as Minicoy is the southern most island of the Union Territory. If built, it will serve only Minicoy island itself.

Remember Lakshadweep is Union Territory and has no legislative assembly of it's own, locals have no role in local governance and no say in local development of the island. If soil erosion caused by such thoughtless development makes it uninhabitable, three-four decades earlier.. than its eventual demise under the sea because of sea-level rise caused by global warming; I don't think the Noida based Godi Media would worry much. Well, at the time of relocating inhabitants of Lakshadweep to mainland India, the descendants of present day (supposedly) Journalists would like to see their names and their forefather's name in some illusive and non-existent "National Register of Citizens" .. if we don't uproot Jingoistic Majoritarian Bigotry from the collective psyche of the Indian people. In case you didn't know, the original inhabitants of all Lakshadweep islands are muslims and the voted to choose to stay in India over Pakistan after independence of India.

But both the message of Jingoism and "Great Modern Development" are important.. for lack of good phrases, let's say "Market Forces". They need propaganda, trolls and fanfare to exist, as they don't have logical legs to stand on their own.  

So what can be realistically achieved there? 

One airstrip and a terminal building, with Air force manning the Air Traffic Control.. and rest will go to hotel projects of cronies of current ruling dispensation. Yes, Coconut groves has to be destroyed, which would have been illegal unless a "National Security" angle is thrown in.

Strategic Importance of Minicoy Air Field or my crazy left foot!

As we have proved this island is too small to have a full-fledged air base, this will not serve any military purpose whatsoever.  You can't even warehouse ammunition safely in such a small cramped place. 

The military risks in Indian Ocean are "piracy" and air force has next to no role in combating piracy in anywhere.  

China will fight no war with India in Indian Ocean when it can happily encroach in Himalayas with little hue and cry from Indian Media.

Other than that, US, South Africa, Britain, France and Australia has major naval and air power in Indian Ocean  .. none pose any threat to India now.

What could have been an alternative to the air-strip on land.. well, why not keep sea-planes on the lagoon, after all, Prime Tourister Mr. Modi can fly to Ahmedabad in a Sea-plane .. why not take sea-planes to the place they were meant to be, I mean, Sea and Islands.

So Why Dangle The NATIONAL SECURITY Carrot in this project?

The reason is, Defence Expenditure are always opaque and Government never releases any details about it. So the cronies stand to gain much much more in a project for military use or dual use than in a pure commercial project.

Air Force would be obliged to man, because of the national security angle. It is not easy find technical manpower for the southern most island of Lakshadweep.

Environmental and Ecological concerns do not arise when the carrot named "National Security Angle" dangles.

Destruction of a Penal Code by mindless Plagiarism

 Complete Silence in Media and Intelligentsia about Destruction of Indian Penal Code

More than a week has passed and I am still awaiting a proper review or any constructive criticism of the new Penal code (Namely Bharatiya Nyaya Sanhita) passed in Indian Parliament when most of opposition leaders were suspended and no MP managed to critique any  section of the new penal code in the charade of a parliamentary debate that ensued before Passing of the bill.

 All three branches of Indian Democracy (Legislature, Judiciary and the executive ) take the Sovereign of India, that is to say, the citizens of India as a bunch of fools and take our apathy to read laws and our long held wrongful notion that "Laws are complex and can't be Understood by ordinary public".

On the contrary, the basic notion of having laws published in a Democracy is that,  laws must be written in lucid language and in on orderly fashion so that entire Citizenry can comprehend .

I intend to write few blogs to save your years from being wasted within classroom walls of law schools and whenever good humour can be found in stupidity of the high and mighty, I'll showcase them as well within the confines of good manners. 

 Since I have filled 2 notebooks with my observations of the monumental stupidity that passed in the name of Penal Code Reform , this has to done in multiple posts of blogs.

To Reform, One Must Know The Current Form and Structure : Knowledge is Paramount for Changing a System

 All laws are broken up in paragraphs which are organized into Chapters ,  Chapters broken up in Sections comprising one or more paragraphs ,  Sections may be broken up into Individual paragraphs (Which are numbered sequentially) to specify individual clause or facet of the topic described in the section .

Chapters must and Sections may have title to describe what those paragraphs are all about. 

All laws start with Introductory Sections where the name, scope and extent of the laws are mentioned. Immediately after that legal definitions, legal paradigms introduced in that law are explained. In Nineteenth century, even grammatical constructs used in the law are defined among legal definitions. I fear most law professors and practitioners have forgotten about grammar related parts of IPC.

Thereafter, the operative sections and mentioned.  If there are major exceptions to the sections, they are mentioned as well. Putting these in different chapters, creates better readability and clarity in documentation.

Old Indian Penal Code was broken up in 23 original chapters and 3 chapters added subsequently through amendments to the penal code. 

 

 

 Let's start at the very beginning while reviewing the new Penal code and focus on the first two chapters of IPC (Introduction and General Explanations) and what they meant originally and where and how they are placed in new Penal Code i.e. Bharatiya Nyaya Sanhita. 

Botched Up New Penal Code from First Chapter. 

Old IPC had 5 Sections in Introduction, Section 1 gave the title and extent of its operations, Section 2 gave legal basis for giving punishment, Section 3 allowed offences under IPC that are committed outside India, to be tried in India, Section 4 to extended reach of IPC to outside India.. etc.

All 5 sections are now copied and pasted in One Section, Namely Section 1 of Bharatiya Nyaya Sanhita. They appear a Sub-Sections in same order and with exact same sentences. Even explanations are same as in Old IPC. 

It is clear that authors of new Penal Code didn't understand Section 3 and Section 4 of Old Penal Code.  These provisions clearly allowed trial of people of crimes mentioned in IPC inside India even when committed outside India; as they still had to introduce section 48 later on in the chapter of abetment. 

This is so hilarious, under new Bharatiya Nyaya Sanhita, one abettor inside India will be charged under one section ... whereas an abettor outside India will be charged under two sections of the act.

Clearly whoever wrote Section 48 of Bharatiya Nyaya Sanhita, never really read the very first section of their own Penal code. Knowing the scope of a Penal code is of paramount importance while writing a new penal code.

Needless to add that Indian laws are not applicable outside India and Indian Police can't go and arrest Abettors anywhere in the globe. The extra-territorial section of IPC was written in Colonial times when summons could be sent from one British Colony to another within the wretched colonial empire.

Extradition or Deportation works in today's world only when the alleged crime in India was a crime in which the accused was residing at the time of the crime; in which case other sections on Abetment were sufficient to charge any abetment outside India. Section 48 is therefore both redundant and useless in terms of execution of the law.

Murder of Old IPC chapter II : General Explanations weren't only Definitions

As discussed earlier Chapter II of Old IPC didn't only contain legal definitions, but also mentioned:

 

Grammatical Constructs/Constraints as in Section 8 - Gender, Section 9 - Number. 

Legal Concepts of Exceptions( Section 6) and Sense of Expression( Section 7) and Acts and Omission related sections 32 to 38.

 

 A clear giveaway clue would have been use of Quotation marks when giving Section headings.

Even when "Legal definitions" were used, when similar or opposing meaning words are defined, they are defined together as a group in a similar ; such as Section 10  ("Man". "Woman".), Section 33 ("Act". "Omission".), Section 43 ("Illegal". "Legally Bound To Do".), Section 49 ("Year". "Month". ) and Section 23 while introducing the concept of "Gaining Wrongfully/Losing Wrongfully".

These legal terms and concepts were arranged as they had appeared in the later sections of penal code, in the same sequence.

But the makers of new Penal Code were in frightful hurry and committed idiotic mistakes by thinking:

i. Every Section from Section 8 to Section 52 and Section 52A contained only "Legal Meaning" of specific words.

ii. Rearranging these words in Alphabetical order and one word at a time would hide all the Plagiarized sections in new penal code.

iii. Merging all these sections inside of fat section 2 titled "Definitions" would hide their art of "copy/paste" from old penal code.

In Post-Independence India, the revised Penal Code was single biggest opportunity to base LEGAL DEFINITIONS ON CONSTITUTION OF INDIA; but makers of new code didn't utilise that. A GREAT OPPORTUNITY SQUANDERED. 

 Curious case of ignorance of Section 8 and Section 9 among new Sanhita makers: The grammatical default  expression used in Indian Penal Code

 

I would blame the law school professors for not teaching the entire legal fraternity that Section 8 of Indian Penal Code is about "Default use of pronoun He and its derivatives in the Penal Code" and is not about classification of Gender, either from birth or by preference. Section 8 of IPC merely stated even though "He" is masculine, wherever he is used, it will imply to all humans, whether male or not.

Similarly Section 9 was about use of Singular Number and Plural Number in the Penal code and not about Defining the word, NUMBER.

But the makers of new code thought otherwise and Plagiarized them in Section 2, Sub-section (10) for Gender and Section 2, Sub-section (22) for Number. 

By introducing transgender word, the makers clearly exposed their ignorance about the grammatical concept of Gender.🤣🤣🤣🤣

In English grammar, their is no grammatical form or concept of Transgender... although feminine of "He" is "She". 

Although "She" is not written in illustrations, explanations and examples and only "He" is written in IPC, the cases would apply to all, irrespective of Gender... that's all Section 8 of old IPC meant.

 Sub-section (22) is an out and out steal from old IPC Section 9. Only modification is an absurd pair of Quotation marks (") encasing the word "Number" . So makers of new Penal code by putting "Number" within quotes implies wherever this word appears this has to be considered as its literal and legal meaning.. HA, HA, HA.

Whereas the makers go on to use the word "Number" at least 4 times and hold your breath.. 🤣🤣🤣every single time, it means "A finite numerical value" and not "Singular or Plural Number".. I was like 🤣🤣🤣ROFL at their ignorance and lackadaisical skill of law making.

Strange case of Alphabetical Ordering and debasement of important pairing of words along with the legal constructs they represented:

Section 33 included the definitions of "Act" and "Omission" because the precedent section, Section 32 defined "Illegal Omissions" as an "Act".

It is this definition in Section 33 and Section 32, which forms various legal premises such as "Criminal Negligence" and gives rise to phrases such as "Acts or willful/illegal Omissions"

But the makers of new penal code chose to define "Act" in Section 2, Sub-section (1) and "Omission" separately in Section 2, Sub-Section (25) and Dropped sections 32, 35, 36, 37, 38 altogether.. Destroying all the legal premises held in those sections. "Acts and illegal Omissions" are no longer similar things... It will be very hard to prove "Willful Criminal Negligence" of Public Servants..

 So they introduced these IPC Sections in Section 3 - General Explanations of new code in various totally unrelated Sub-Sections.

Section 27 of Old IPC which was struck by Supreme Court of India, reappeared in Section 3, Sub-Section (3). Section 27 stated

27. “Property in possession of wife, clerk or servant”.—When property is in the possession of a person's wife, clerk or servant, on account of that person, it is in that person's possession within the  meaning of this Code.
Explanation.—A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this section.

 Only change in new code is that word "wife" has been changed to "Spouse".

I have never seen such mindless plagiarism by copy-paste as in Section 3 of new penal code. Since Sub-Sections need not have a title.. they are copied without one, therefore hiding its contents and destroying its legal premises. 

Let me list out the sources of Plagiarized contents of subsections of Section 3 and you will find every single line are copied from old IPC and the Section titles are missing. List will be by Sanhita Subsection number and Old IPC section headings/ titles:

(1) - IPC Section 6. Definitions in the Code to be understood subject to exceptions.

(2) - IPC Section 7. Sense of expression once explained.

(3) - IPC Section 27.  “Property in possession of wife, clerk or servant”

(4) - IPC Section 32. Words referring to acts include illegal omissions.

(5) - IPC Section 34. Acts done by several persons in furtherance of common intention.

(6) - IPC Section 35. When such an act is criminal by reason of its being done with a criminal knowledge or  intention.

(7) - IPC Section 36. Effect caused partly by act and partly by omission.

(8) - IPC Section 37.  Co-operation by doing one of several acts constituting an offence.

(9) -  IPC Section 38. Persons concerned in criminal act may be guilty of different offences.

 of course, you won't find a heading of any subsection in the new code, these were finds of Plagiarism detection software. I hate to be a Judge or a lawyer or a Police officer or even a law school student when this new penal code comes into force.

Section 2 and specially Section 3 are great examples of HOW NOT TO WRITE A SECTION IN A LAWBOOK.

If Plagiarism means Reform, then it's indeed great beginning.. ha ha ha.. strangely Plagiarism was neither a crime under old IPC nor is a crime with new Penal Code.

Although "Plagiarism Detection" software ranks the new Penal code 97.17% plagiarized from the old colonial times Indian Penal Code, in the eyes of the law, every section has to pass through the review and constitutional challenges in the court of law as original definitions and explanations now reside in new section in new chapters.

 Since all these IPC sections present in Chapter 1 and 2 had headings or titles, they were nicely indexed and presented in law books. Now they are hidden in Sub-Sections of Section 1, 2 and 3. They would not be present in any index and would be practically impossible to find out without a Plagiarism Detection Software and copy of old IPC.

What a Bogus Recreation of Penal Code we are having

 Apparently Our Home Minister had never read the Current Indian Penal Code and stupid Media needlessly will be parroting Mr. Shah's fake claims regarding IPC:

In this post I will stick to Home Minister Amit Shah's claim "Deshdroh" or "Offenses against The State" being added in this new Penal code and "Rajdroh" or "Offences against the crown" being removed.

What Mr. Shah does not know, all references to "King", "The Crown" were removed immediately after independence, when Nehru was the PM and Ambedkar was the law minister. 

The Sedition section however remained, where the reference of crown was replaced by "Government of India" phrase. 

By tweaking the Section Numbers, Mr. Shah can't hide facts. I will expose Mr. Shah and India's Dalal Media with help of Screenshots from Old Indian Penal Code, 1860 and comparing it  with new proposed Bharatiya Nyaya Sanhita, 2023 with the bill's screenshot. 

Mr. Shah claimed "Offences Against The State" or Deshdroh, as he said in Hindi did not exist in Present IPC. WRONG. He probably knew that as well .. Here is Chapter VI of Colonial era IPC, as Amend upto 2023, see the screenshot.

CHAPTER VI
OF OFFENCES AGAINST THE STATE
121. Waging, or attempting to wage war, or abetting waging of war, against the Government of India.
121A. Conspiracy to commit offences punishable by section 121.
122. Collecting arms, etc., with intention of waging war against the Government of India.
123. Concealing with intent to facilitate design to wage war.
124. Assaulting President. Governor, etc., with intent to compel or restrain the exercise of any lawful power.
124A. Sedition.
125. Waging war against any Asiatic power in alliance with the Government of India.
126. Committing depredation on territories of power at peace with the Government of India.
127. Receiving property taken by war or depredation mentioned in sections 125 and 126.
128. Public servant voluntarily allowing prisoner of State or war to escape.
129. Public servant negligently suffering such prisoner to escape.
130. Aiding escape of, rescuing or harbouring such prisoner.

And what great changes he made, Mr. Amit Shah, to this chapter, he changed the Chapter number and section number.  As I will show, most sections are same the British wrote. 

I'm not saying, Sections are same in essence and in semantics.. they are word by word, sentence by sentence exactly same, down to the punctuation marks.

So old Section 121 became new Section 147.

Old 121A became new Section 148.

Old 122 became Section 149.

Old 123 became Section 150.

Old 124 (originally written for Governor-general of India and other governors) became Section 151.

Old Sedition law Section 124A became Section 152.

Mr. Shah merely dropped the word Sedition and replaced it with "Act endangering sovereignty, unity and integrity of India".

Old law said (I'll copy paste below from PDF, in order to avoid mistakes) and turn the parts of  the section in Bold and you will see how magically it transformes into the new Section of New Bill..

"Sedition.—Whoever by words, either spoken or written, or by signs, or by visible  representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to  excite disaffection towards, the Government established by law in [India], shall be punished  with 16[imprisonment for life], to which fine may be added, or with imprisonment which may extend to  three years, to which fine may be added, or with fine.

Explanation 1.—The expression “disaffection” includes disloyalty and all feelings of enmity.

Explanation 2.—Comments expressing disapprobation of the measures of the Government with a  view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt  or disaffection, do not constitute an offence under this section.
Explanation 3.—Comments expressing disapprobation of the administrative or other action of the  Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an  offence under this section."

Even the explanation of new section 152 are copied from old Sedition law section 124A.

 so BJP Government's proposed bill not only extended the draconian provision of sedition by adding explicitly,  Electronic
Communication and by financial means .. but it also increased the nominal prison sentence to Seven years from present Three years.

 Now BJP will say, "how can we tolerate threats to sovereignty,  unity and integrity" as they had said earlier about Section 124A of IPC.

Problem with Sedition law wasn't that it wasn't helpful for a state, problem is that it is subject to variant interpretations. It showed fear of freedom of speech in the colonial power, after all, with bold words, both spoken and written by Indian freedom fighters gave India freedom in 1947.

We are now Independent and Free to assault our constitutional rights by making stupid renaming exercise of laws.

It doesn't end with Section 152 of new act from 124A.

Sections 125, 126, 127 of IPC is now Section 153, 154, 155 of Bharatiya Nyaya Sanhita. 

Perhaps Amit Shah and company doesn't know, these 3 are genuinely Colonial era sections to protect "Then Princely States" and other colonies friendly to "British Crown Colonies" 

Prisoner of War related sections of IPC ie 128, 129, 130 are now Sections 156, 157, 158.

So Question remains, Did Home Minister read the IPC and the new BNS before presenting it to the parliament and the nation?

Did any Journalist read them?

Did any of "Yeah" yelling BJP MP read the Bills before passing it in the parliament?

Except making Sedition law more draconian, what else did "Offences against the state" or "Deshdroh" sections offer?

Coronavirus as a Tool of suppression of People's Movement

 Parrot Subservient Media Says New Variant JN.1 found in India , Government wants more RTPCR tests..

But how many Genome Sequencing was done by India ,  9 days ago, Outbreak.info had released the Variant data of India !

In last 60 days (actually 69 days), India had submitted Only 3 sequences of Covid19 ..

One each in three days. Ha ha ha.. That's disgusting, disgraceful shoddy work.  

Basically all Indian doctors were told by Central Government that RTPCR is not needed, for serious cases just test for Dengue. 

Why does Indian Government say JN.1 is more concerning that say, JG.3?

Is it because JN reminds them of Jawaharlal Nehru? Is it Nehru's fault?

Is it because Opposition Members are suspended by Parliament Speaker and they are afraid of People's protests?

This Indian government is showing,  extremely tyrannical attitudes and methods! 

How contagious is JN.1?

 Well it was first found way back in January 2023 and throughout 11 months, only about 3000 cases were sequenced.

Of course, 95% of Indian Doctors only follow Pharmaceutical companies' sales representatives and WhatsApp orders from Government!

Unnecessary testing pressure and giving people a scare is not Government's job.

Shameful guidance from ICMR and Central Government on Covid19, they ignore the illness when its politically convenient and scare people when its politically convenient.  SHAME!