Parliament attack order: Charges against Congress MP Rahul Gandhi announced

Brawl outside Parliament on Thursday led to Delhi Police Filing an FIR against Congress leader Rahul Gandhi It is based on a complaint filed by BJP MP Hemang Joshi. a fight broke out INDIA has turned chaotic following protests by ruling BJP and Opposition Bloc MPs. The BJP claimed that BJP MP Pratap Chandra Sarangi was injured when Rahul Gandhi pushed another MP and he fell on top of him. However, the Congress held the BJP MPs responsible for the incident and accused them of coercing their leaders. party chief Mallikarjun Kharge.

Rahul Gandhi, Leader of Opposition in Lok Sabhadenied the allegations and claimed BJP MPs were prevented from entering the parliament with sticks.

He told reporters that the BJP members not only blocked his path but also “threatened” him during the turmoil. In response, the Congress filed a counter-complaint accusing the BJP MPs of physically manhandling their leader.

The FIR registered against Gandhi contains various provisions under the Bharatiya Nyaya Sanhita (BNS). The charges include sections on assault, serious injury, endangering personal safety and criminal intimidation.

Section 115 deals with voluntary causing harm, defined as any act done with the intention or knowledge that it will cause harm. Punishment under this section includes imprisonment up to one year, fine up to Rs 10,000 or both.

Section 117 deals with deliberately causing grievous bodily harm and this applies if the injuries sustained are serious. In addition to a fine, this carries a harsher penalty of up to seven years in prison.

Other sections include Section 125, which punishes acts endangering human life or personal safety through rash or negligent conduct, and Section 131, which deals with assault or criminal force without grave provocation.

Both charges carry relatively minor penalties, such as imprisonment for up to three months or a fine. Section 351, which deals with criminal intimidation, carries more serious penalties.

General criminal intimidation is punishable by up to two years in prison, while intimidation involving the threat of serious harm or destruction can lead to up to seven years in prison.

Legal experts point out that most of the crimes mentioned in the FIR are bailable; This means that if Gandhi is arrested, he will be eligible for bail at the police station.

However, the fact that two of the crimes are cognizable allows police to arrest him without a warrant if they deem it necessary. In such cases, the Supreme Court’s guidance in the 2014 Arnesh Kumar judgment mandates that arrests should not be routinely made for offenses for which the maximum penalty is up to seven years.

Instead, the defendant must be given a notice to appear before the authorities.

Rahul Gandhi has several legal options, including seeking bail if he anticipates arrest or challenging the FIR in court. In case of arrest, he can also challenge it through a writ petition before the High Court or the Supreme Court.

The case also raises questions about Gandhi’s status in parliament. Under Article 102 of the Constitution and Section 8(3) of the Representation of the People Act 1951, a Member of Parliament can only be disqualified if found guilty and sentenced to imprisonment for two years or more.

Conviction with such a sentence would not only disqualify Gandhi from his current post but also prevent him from contesting elections for six years after his release.