Constitutional Validity Of Bjc

yes i need you to prepare arguments for me , with case laws for an imaginary moot problem

yes

RAMESH KUMAR v. STATE OF GANDHAR *. 'lndica' also known as 'Bharta' is a country located in the Asian continent with a population of over *.* billion. Until * when the country gained independence, 'Indica' was under the yoke of in1perial Britania. It was known globally as 'Britin Indica'. The colonial rule which had commenced in the late 18th century continued for aJmost two centuries. Many legislations were created for Britin lndica by the Britania Parliament like the 'lndican Penal Code', 'Indican Evidence Act' etc. These legislations continued to be in force even after independence. Several post-independence Law Con1missions recommended the repeal of outdated laws and to substitute them with new laws. *. In *, a new penal Jaw was drafted to substitute 'Indican Penal Code'. The new Code was named as 'Bharta Justice Code' (BJC). The new Act was passed by the Parliament and assented by the President. The Bharta Justice Code was notified and became applicable as penal law of Indica from January *, *. Most of the sections of the lndican Penal Code was adopted into the new Code but with changed numbers for the sections. Some new sections were radically different from the similar provisions of the early statute. *. Section * of BJC deals with death caused by rash and negligent act and reads as follows: Section * ( *) Whoever causes death of any person by doing any rash or negligent Act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which rnay extend to five years and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall be liable to fine. Explanation- For the purpose of this sub-section "registered medical practitioner" means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, * and whose name has been entered in the National Medical Register or a State Medical Register under that Act. (*) Whoever causes death of any person by rash and negligent driving of vehicle not a,nounting to culpable homicide, and escapes without reporting it to a Police Officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine. *. Ramesh Kumar, aged *, was a driver of a truck owned by a firm 'Heera Transports'. He was working in this firm for more than twenty-five years. Even though Ramesh only had formal education up to matriculation, he was a voracious reader who was very active in social media and always updated about changes in society and politics. Ramesh used to drive with load from the industrial city of Cambay to Packnow located almost two thousand kilometres away through the Grand trunk highway. Cambay was the capital of Gandhar state. Outside the city limits the major part of land adjoining the highway was deserted, but for some small hotels and petrol pumps located thirty to forty kilometres apart. *. On January *, *, at * PM Ramesh reached the workshop-cum-garage of Heera Transport to take the truck. The mechanic intimated Ramesh that there seems to be some minor problem with the brakes of the vehicle. After examining the vehicle Ramesh replied that it's alright and he has driven vehicles in worse conditions. After loading the truck from a nearby godown, he started his journey by around * PM. After travelling about one hour, the truck crossed the city limits and crossed into the deserted part of the highway in Gandhar. Some time after this Ramesh realised that the brake is not functioning. He was in panic and couldn't control the vehicle. *. When the truck got into a sloping part of the road it began to gain momentum. At this juncture, a lone driver in a scooter (Mr. Sadhu) rushed into the highway from a byroad and collided with the truck. Though Ramesh could see him, he couldn't stop the truck as the brakes were not functioning. The scooterist was thrown away from his vehicle. Ramesh couldn't do anything, but continue riding his vehicle. *. A physically and mentally exhausted Ramesh drove for some more kilometres and on the sight of a small sand hill drove the truck into it and by sheer luck the truck stopped without much damage. Totally ruffled, Ramesh got out of the truck and much to his relief saw a cluster of hotels and trucks some distance away. He slowly and painstakingly walked to one of the hotels. Ramesh had left his cellphone and other belongings in the truck. The hotel was full of truck drivers. Ramesh sat in a chair and ordered food. When the waiter came, he told him that his truck is lying near the sand hill, its brakes failed and that he needed help. After drinking water and one chappathi, Ramesh fainted. He was taken to a big hospital * kms away. Ramesh was diagnosed of a severe cardiac attack and was admitted to the ICU. He regained consciousness only after some days. Even after this, he couldn't clearly recollect what had happened. *. Mr. Sadhu who was severely injured was lying soaked in blood with bruises all over his body. A passing car driver stopped the car on sight of the injured man and carried him to a hospital some kilometres away. Sadhu was alive and breathing when he reached the hospital but without consciousness. The hospital was a multi-specialty one and a group of doctors under Dr. Chiranjeevi made all attempts to save Sadhu. All their attempts proved to be in vain and the patient succumbed to his injuries. *. As the hospital authorities intimated the police, without much delay, the police officials arrived. As the officials were not able to have a clear picture of the cause of death, to rule out every possibility the police registered a case against the doctors for causing death by rash and negligent act under Section * (*) of BJC. When the post mortem report came, it became evident that the death was caused possibly by a collision or vehicle accident. Subsequent to this the case against the doctors was dropped and the police started investigation on the possible accident. *. In the course of the investigation, they discovered Ramesh's truck and after questioning hoteliers of the loca]ity, they got the details of the accident. Four days after the incident, the police came to the hospital to question Ramesh. As Ramesh was unconscious they couldn't question him. Two weeks later, the police came again. Though Ramesh was out of ICU, he was still in the hospital and was under sedation. The police posed questions not caring for his condition. Ramesh admitted that he had an accident and that the brake of his truck was not functioning. *. The police registered a case under Section l06(*) of BJC for causing a fatal accident and for not reporting the same to the Police. After investigation, the case was committed to the Sessions Court. The Court charged the accused (Ramesh) under Section *(*) of BJC. During the trial, on somedays Ramesh was unable to attend the Court as he was still under treatn1ent and on many days hospitalized. In spite of all these facts, the trial continued and in October, * the Court pronounced it's judgement. Ramesh was found guilty of the offence charged and sentenced to nine years imprisonment and fine of Rs. Two lakhs. *. Ramesh applied to the High Court for stay of the sentence which was disallowed. Aggrieved by this, Ramesh files a Special Leave Petition to the Supreme Court against the judgement and sentence of the Sessions Court as arbitrary, erroneous and against rules of proportionality. It was pleaded on behalf of Ramesh that he had not tried to escape and hence Section *(*) is not applicable in the present case. Further, it was also claimed that Section *(*) and (*) of BJC is constitutionally invalid as it was violative of the Petitioner's Fundamental Rights under Articles *, * and *(*) of the Constitution of Bharta. these are the facts of the case , where you should use the provisions of the new criminal laws , i will give you * issues

whether sections *(*) and *(*) of the Bharata Justice Cose are constitutionally valid , as it was violative of the petetioners fundamental right and under articles * and *(*) of the constitution of bharata ? and the next issue is , *) where sections *(*) and (*) are in contravention to Right to Life and personal Liberty sd guarenteed under article * of the constitution of bharata , now i need you to prepare arguments for both respondent and the petetioner , and i need you to include relavent case laws and sections