Telangana High Court Judge Justice K. Surender has said that the implementation of three new criminal laws is a much sought-after initiative for an effective criminal justice system in tune with the changed crime scenario.
He felt that there are many new additions in Bharatiya Nyaya Samhita (BNS), in tune with the changes in society. Addressing a workshop, ‘New Criminal Major Acts’ by the Forum for the Nationalist Thinkers, he noted that the new criminal laws replaced the 150-year-old Indian Penal Code (IPC).
The Telangana High Court judge underlined the need for the legal community, particularly advocates, to integrate themselves with the challenges. Justice Surender mentioned that unlike the IPC, sedition is no longer an offence under the BNS.
Instead, an offence under BNS is treason, which is covered in Section 152 as acts endangering sovereignty, unity and integrity of India. Causing death by negligence used to get two years’ punishment earlier but now it will be five to 10 years under BNS. The High Court judge feels that it is still not the end of the day for IPC.
He suggested to lawyers, law students and other stakeholders not to throw away books or material of old laws as they would be required to know the old laws also till all cases registered under those laws were adjudicated. Speaking on Bharatiya Sakshya Adhiniyam, Justice Madhavi Devi noted that it was imperative to introduce electronic communication as evidence in the backdrop of information technology becoming an integral part of even personal lives of people.
She said though amendments were made to the IE Act in the past, Covid-19 created situations where people could depend only on IT to execute certain tasks. Additional Solicitor General B. Narasimha Sharma pointed out that 18 states had given their inputs on Indian Penal Code, Criminal Procedure Code and Indian Evidence Act before they were amended but there was criticism in the media that no debate was held on the matter.
He said it was an example of transition from an accused-centric approach to victim-participative and society-reformative stand in the criminal justice system. The definition of organised crime was not adequate to cover the offences being indulged by gangs; hence, separate sections were included in the BNS, he said.
Asserting that 48 per cent of hit-and-run cases had resulted in fatalities, he said the punishment under such cases has been increased as per new laws to control the menace. The punishment for such cases is reduced if the offender informs the police and takes the victim for treatment. The ASG also noted the new laws took serious note of the offences against women and children.
The offences like mob-lynching have been included as grave crimes. The punishment for organised crimes like economic offences and terrorist offences, which act against sovereignty and integrity of the country, have been increased as per new criminal laws.
Telangana Bar Council chairman A. Narasimha Reddy said the drastic change in the crime graph and its character has necessitated the introduction of three new criminal laws. He claimed that these laws consider the implementation of justice through a victim-centric approach, increasing focus on national security and introducing digital, electronic evidence reviews.
