Sach – The Reality

Northeast India's First Multilingual Foremost Media Network

Northeast India's First Multilingual Foremost Media Network

In recent times, the Government of India has initiated several efforts to revoke outdated colonial laws and introduce legislations that prioritize citizens and suit the needs of a vibrant democracy. As part of this plan, three new laws have recently been passed to revamp the criminal justice system in the nation.

These new legislations, namely the Bharatiya Nyaya Sanhita, 2023; the Bharatiya Nagarik Suraksha Sanhita, 2023; and the Bharatiya Sakshya Adhiniyam, 2023, replace the previous criminal laws, namely the Indian Penal Code 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872. As per the notification, these new criminal laws are set to come into effect from July 1, 2024.

To raise awareness about these new laws, especially among stakeholders and the legal community, the Ministry of Law and Justice is hosting a conference titled ‘India’s Progressive Path in the Administration of Criminal Justice System,’ in collaboration with the Government of Assam at Dr. Bhupen Hazarika Auditorium, IIT Guwahati Namati Jalah, Guwahati, on May 18th-19th, 2024.

The Chief Minister of Assam, Dr. Himanta Biswa Sarma, has agreed to attend the event as the Chief Guest. Justice Hrishikesh Roy, Judge of the Supreme Court of India, Justice Vijay Bishnoi, Chief Justice of Gauhati High Court, and Justice Biswanath Somadder, Chief Justice of the High Court of Sikkim, will be the Guests of Honor. Other dignitaries scheduled to attend include Shri Arjun Ram Meghwal, Minister of State (Independent Charge) for the Ministry of Law and Justice, Government of India, and Dr. Reeta Vashisth, Member Secretary of the Law Commission of India.

The conference aims to highlight the key features of the three new criminal laws and facilitate meaningful interactions through technical sessions and Q&A segments. Participants will include judges from various courts, lawyers, scholars, representatives from law enforcement agencies, police officers, public prosecutors, district administrators, and law students from the North Eastern States. It’s worth noting that the first conference of this series took place in New Delhi on April 20th, 2024.

The inaugural session on May 18th, 2024, will illuminate the overarching objectives of the new trio of criminal laws, which are poised to reshape India’s Criminal Justice System and significantly affect the lives of its citizens.

In addition to the discussions on the opening day, the second day of the conference will focus on three technical sessions, each dedicated to one of the new laws, as follows:

Technical Session 1 on May 19th, 2024, will feature in-depth discussions centred on adopting a comparative approach to evaluate the implementation of Bharatiya Nyaya Sanhita, 2023 (BNS). Justice Soumitra Saikia, Judge of Gauhati High Court, will chair the session. Other panellists include Sangita Pradhan, Deputy Solicitor General of Sikkim High Court, Ipsita Borthakur, Special Judge (POCSO) from Nagaon, Assam, and Shri Amol Deo Chavhan, Associate Professor from NLUJA, Assam.

Technical Session 2 on May 19th, 2024, will discuss the significant aspects of Bharatiya Sakshya Adhiniyam, 2023 (BSA), focusing on evidence, a crucial element in determining guilt. The discussions will centre on the expanded scope of “documents” and “evidence,” facilitated by comprehensive definitions introduced in the law. This session will be chaired by Justice Devashis Baruah, Judge of Gauhati High Court. Other panellists include Shri Ranjit Kumar Dev Choudhury, Deputy Solicitor General of Gauhati High Court, Dr. Nitesh Mozika, Deputy Solicitor General of Meghalaya High Court, Roushan Lal, District & Sessions Judge from Karbi Anglong, Assam, and Monika Sharma, Special Director (Enforcement) from the Directorate of Enforcement.

Technical Session 3 on May 19th, 2024, will explore the implications of the procedural changes introduced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) on crime investigation by police officers, and the integration of ICT tools, which have practical implications for the judiciary and law enforcement agencies. The session will be chaired by Justice Arun Dev Choudhury, Judge of Gauhati High Court. Other panellists include Khomdram Samarjit Singh, Deputy Solicitor General of Manipur High Court, E. Chandrasekaran, Advocate of Madras High Court, and Shri Neeraj Tiwari, Assistant Professor at NLU Delhi.

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