Prosecutors and advocates trained on new criminal laws

KOHIMA — The department of Law and Justice has organised a day-long training programme on the new criminal laws and ‘law on arrest as laid by the Supreme Court in Arnesh Kumar, Satender Kumar Antil & Siddharth case’ for prosecutors and government advocates of the High Court at the Capital Convention Centre in Kohima on Wednesday.

Speaking at the programme, the additional secretary of Law and Justice, Imtiakum, extensively dwelled on the features of the three new criminal laws namely Bharatiya Nyaya Sanhita (BNS) which replaced the Indian Penal Code (IPC) 1860, the Bharatiya Nagarik Suraksha Sanhita (BNSS) replacing the Criminal Procedure Code (CRPC) 1973, and the Bharatiya Sakshya Adhiniyam (BSA) 1973 against the Indian Evidence Act 1872.

These new criminal laws came into force on July 1, 2024.

“The BNSS 2023, other than those relating to Chapters IX, XI and XII shall not apply to the state of Nagaland and to tribal areas. The provisions can be applied to the whole or part of the State of Nagaland or tribal areas only when notified by the state government,” said Imtiakum.

Pointing out the changes in old and new laws, he said that IPC comprised of 511 Sections and 23 Chapters, while BNS was minimised to 358 Section and 20 chapters.

“CRPC consisted of 484 Sections and 37 Chapters but BNSS consisted of 531 Sections and 39 Chapters. The Indian Evidence Act with 167 Sections and 11 Chapters was replaced with the BSA consisting of 170 Sections and 12 Chapters, he added.

The major changes in the new criminal laws included ‘definition of child,’ inclusion of transgender in the definition of gender and new offenses like ‘organised crime, terrorist act, petty organized crime, hit and run, publication of false and fake news, the concept of Zero FIR under section 173 (1) and mandate police station to register the FIR, regardless of jurisdiction.’

Further elaborating on the changes in the new laws, he stated that electronic and digital records are included in the definition of documents. He added that attempt to commit suicide has been deleted.

“Beggary has been introduced as a form of exploitation for trafficking and community service is provided as a punishment for theft or less than INR 5000,” the speaker added.

The secretary of Law and Justice deparrtment, Thejangu-ü Kire, in her address, said that the crime against women and children has been made more stringent ensuring focused protection and justice along with the consideration of terrorism and terrorist act. She stated that the new criminal laws marked the beginning of a new process and a significant chapter in legal system and added that penal laws alone do not form the criminal justice system since the court, police, prosecutors and government advocates all exist in their interrelationship with each other.

She added that there is a challenge as far as the transitions from old to new laws are concerned. She was of the view that the new criminal laws are not badly drafted but are well drafted and is a better law in place. 

Y Longkumer, secretary (judicial) of Law and Justice department, spoke on Section 41 of CRPC that is now being replaced by section 35 of BNSS. She said section 41 of CRPC lays down the provisions with respect to the power of police to arrest without a warrant or without an order of the Magistrate. She explained further on the topic of ‘Law on arrest as laid by the Supreme Court in Arnesh Kimar, Satender Kumar Antil & Siddharth case.’

She said the main intention in those cases was that they have enlarge the scope of bail. She encouraged the prosecutors to stand by the law irrespective of what the higher authority might say.

Emphasising on the need for sensitisation of the new laws among the police, she urged the gathering to help them and uphold the law.

The commissioner and secretary of Law and Justice, Y Kikheto Sema, has appealed to the advocates and prosecutors to create awareness of new and old laws among the people. He added that in order to make a good judiciary, the judicial system must have impartiality, rationality, independence, rationality, fairness, reasonableness and good knowledge of law.

Temsunaro, public prosecutor of Dimapur, and Abraham, presiding officer of Lok Ayukta and additional public prosecutor of Peren, also elaborated on features and implications of the new criminal laws during the programme.

Prosecutors from across Nagaland and government advocate of the High Court attended the training programme and discussed on the new laws in place.