Judicial Division

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Judicial Division

About the Division

The Division deals with all matters relating to the legislative aspects of the Indian Penal Code (IPC), Code of Criminal Procedure (Cr.P.C.) and also the Commission of Inquiry Act. It also handles matters relating to State legislations, which require the assent of the President under the Constitution, political pension granted by erstwhile rulers before independence, and Mercy Petitions under Article 72 of the Constitution.

Judicial and Political Pensions and other residual matters of erstwhile Pol.III Section:-

  • Bills and Cabinet Notes sponsored by other Ministries/Departments for comments of the Ministry of Home Affairs.
  • State Legislative proposals of the following nature:-
    • Bills for consideration of the President under article 201 of the Constitution;
    • Ordinances for instructions of the President under article 213(1) of the Constitution;
    • Bills for previous sanction of the President under article 304 (b) of the Constitution; and
    • Regulations for Scheduled Areas for assent of the President under sub-paragraph 5(4) of the Fifth Schedule to the Constitution.
  • Legislative aspects of Commission of Inquiry Act- Amendment of the Act and Rules thereunder;
  • Coordination of Court cases (including summons, judgement etc.) pertaining to matters not specifically assigned to other sections in Ministry of Home Affairs – forwarding the same to the concerned Ministries/Departments/State Governments. Also coordination of Legal Notices under section 80CPC and summons from courts pertaining to matters not specially assigned to other sections in the MHA including monitoring replies to legal notices u/s 80 CPC etc.
  • Arrangement with State Governments for defending suits in mattes not specifically assigned to other sections.
  • Matter relating to the former rulers of Indian States and their families arising out of the abolition of privy purse and privileges.
  • Political Pensions.
  • The State Legislations are required to be examined from three angles viz.
    • (i) repugnancy with Central Laws
    • (ii) deviation from National or Central Policy and
    • (iii) legal and Constitutional validity.
      Policy issues involved in the State Legislations are to be sorted out in consultation with the concerned Ministries/Departments as well as State Government. Hence, no time-frame can be fixed in this regard.

JUDICAL CELL

  • All matters connected with legislative aspects of the Code of Criminal Procedure, 1973, as amended from time to time, other than the implementation of its provisions.
  • All matters connected with the legislative aspects of the Indian Penal Code, 1860, as amended from time to time other than those
    • which are primarily the concern of other Divisions in the Ministry; and
    • which relate to the implementation of its provisions, i.e. crimes committee under various provisions.
  • Mercy petitions submitted under Article 72 of the Constitution of India for grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.
  • Requests for sanction for prosecution under Section 188 Code of Criminal Procedure, 1973. (and not under Section 197 Cr.P.C.) other than those from Central Bureau of Investigation and Foreign Governments.
  • Requests for permission for withdrawal of cases under Section 321 Code of Criminal Procedure, 1973 other than those investigated by the Central Bureau of Investigation or launched under Defence of India Rules or Defence of India Security Rules.
  • Writ Petitions challenging the validity of the provisions of the Code of Criminal Procedure, 1973.
  • Writ Petitions challenging the validity of the provisions of the Indian Penal Code other than those which are primarily the concern of other Divisions/ Departments.
  • Examination of Penal provisions in the Central and State Legislations

Acts

Rules

Advisory

State Legislations Pending

State Legislations Cleared

Work Allocation in Division

 

Judicial and Political Pensions Section:-

Officers details of Judicial and Political Pensions Section
Sl. No. Subject Name of the Officer/Designation, Address and Telephone No.
1 State Legislations

Shri Laltlana Chhangte, Under Secretary (Judicial & Pol. Pension), 4th Floor, NDCC-II, Jai Singh Road, New Delhi -110001.

Tele/Fax No. :011-23438095

Shri Manoj Kumar Bansal, Section Officer  (Judicial & Pol. Pension), 4th Floor, NDCC-II, Jai Singh Road, New Delhi -110001.

Tele/Fax.No: 011-23438105

Shri R.K.Mitra, Joint Secretary (Judl.), 4th Floor, NDCC-II, Jai Singh Road, New Delhi -110001.

Tele/Fax.No: 011-23438113

Shri V Shashank Shekhar, Joint Secretary (C&PG), Room No. 188, North Block, New Delhi-110 001. Tel/Fax No.: 011- 23092392
2 Legislative aspects of Commissions of Inquiry Act, 1952.
3 Bills and Cabinet Notes sponsored by other Ministries/Departments for comments of the Ministry of Home Affairs.
4 Coordination of Court cases and notices under section 80 CPC;
5 Political pensions and transitional arrangements for the former rulers on the abolition of privy purses and privileges.

Judicial Cell

Officers details of Judicial Cell section
Sl. No. Subject Name of the Officer/Designation, Address and Telephone No.
1 All matters connected with legislative aspects of the Code of Criminal Procedure, 1973, as amended from time to time, other than the implementation of its provisions.

Shri Lokesh Chandra Singh, Section Officer (Judicial Cell-I) NDCC-II, Jai Singh Road, New Delhi -110001.

Tele/fax:011- 23438101

Shri R.K.Mitra, Joint Secretary (Judicial), NDCC-II, Jai Singh Road, New Delhi -110001.

Tel/Fax No.: 011-23438113

Shri V Shashank Shekhar, Joint Secretary (C&PG), Room No. 188, North Block, New Delhi-110 001. Tel/Fax No.: 011- 23092392
2 All matters connected with the legislative aspects of the Indian Penal Code, 1860, as amended from time to time other than those (i) which are primarily the concern of other Divisions in the Ministry; and (ii) which relate to the implementation of its provisions, i.e. crimes committee under various provisions.
3 Writ Petitions challenging the validity of the provisions of the Code of Criminal Procedure, 1973.
4 Writ Petitions challenging the validity of the provisions of the Indian Penal Code other than those which are primarily the concern of other Divisions/ Departments.
5 Examination of Penal provisions in the Central and State Legislations.
6 Mercy petitions submitted under Article 72 of the Constitution of India for grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence

Shri Rakesh Jhingan Under Secretary (Judicial Cell-II) NDCC-II, Jai Singh Road, New Delhi -110001.

 Tele/fax: 011- 23438101

Shri R.K.Mitra, Joint Secretary (Judicial), NDCC-II, Jai Singh Road, New Delhi -110001.

Tel/Fax No.: 011-23438113

Shri V Shashank Shekhar, Joint Secretary (C&PG), Room No. 188, North Block, New Delhi-110 001. Tel/Fax No.: 011- 23092392
7 Requests for sanction for prosecution under Section 188 Code of Criminal Procedure, 1973. (and not under Section 197 Cr.P.C.) other than those from Central Bureau of Investigation and Foreign Governments.
8 Requests for permission for withdrawal of cases under Section 321 Code of Criminal Procedure, 1973 other than those investigated by the Central Bureau of Investigation or launched under Defence of India Rules or Defence of India Security Rules.

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