Ministry of Law and Justice hosts Conference on ‘India’s Progressive Path in the Administration of Criminal Justice System’
Increased Participation of Citizens in the Judicial Process will Help the Justice System Receive Greater Support : Governor of Maharashtra
“Shifting Focus from Punishment to Justice: New Criminal Laws emphasize on Citizen-Centricity” : Minister of State for Law & Justice
Mumbai, 30th June 2024
The Department of Legal Affairs, Ministry of Law and Justice organised a one-day conference titled ‘India’s Progressive Path in the Administration of Criminal Justice System’ at the NSCI Auditorium, Worli, Mumbai today, 30th June 2024. The event aimed to generate awareness and facilitate discussions among stakeholders on the recently enacted criminal laws: The Bharatiya Nyaya Sanhita 2023, The Bharatiya Nagarik Suraksha Sanhita 2023, and The Bharatiya Sakshya Adhiniyam, 2023 which are set to come into effect from tomorrow, 1st July 2024.
The Union Minister of State (I/C) for Law & Justice, Shri Arjun Ram Meghwal, underscored the transformative nature of the new criminal laws during the Conference. “The new criminal laws are for providing ‘justice’ in contrast to colonial legislations where the focus was on ‘punishment’,” the Minister highlighted that these laws aim to prioritize ‘justice’ over mere ‘punishment’, marking a departure from the colonial-era legislations. The Minister emphasized that the formulation of these laws involved extensive consultations with stakeholders, including MPs, and MLAs across party lines, including common citizens, and incorporated recommendations from the Law Commission of India. This inclusive approach ensures that the legislation reflects diverse perspectives and addresses contemporary challenges in administering criminal justice.
The Chief Justice of Bombay High Court, Mr. Justice Devendra Kumar Upadhyaya, emphasized the critical role of implementation, urging responsibility among those tasked with delivering justice under the new legal framework, to be implemented from 1st July, 2024.
The Chief Justice of the High Court of Rajasthan, Mr. Justice Manindra Mohan Shrivastava, highlighted the progressive elements embedded within the new laws to redefine India’s legal landscape.
Further reinforcing the importance of these legislative reforms, Acting Chief Justice of the High Court of Punjab and Haryana, Mr. Justice Gurmeet Singh Sandhawalia, underscored that criminal laws form the backbone of the legal system.
Mr. Chandrakant Vasant Bhadang, Former Judge, Bombay High Court and President, Income Tax Appellate Tribunal (ITAT) and Dr. Rajiv Mani, Secretary, Department of Legal Affairs, Ministry of Law and Justice, also addressed the guests and the participants to the conference, emphasizing the collaborative efforts for the smooth transition of the three new criminal laws.
The objective of the Conference was to familiarize the participants with the provisions of the new legislations. These laws replace the archaic colonial-era statutes – the Indian Penal Code (45 of 1860), Code of Criminal Procedure, 1973 (2 of 1974), and Indian Evidence Act, 1872 (1 of 1872).
Following the inaugural session, the conference featured three technical sessions, each dedicated to a specific law.
Technical Session-I – Bharatiya Nyaya Sanhita, 2023:
Mrs. Justice Revati Mohite Dere, Bombay High Court chaired the session and Prof. Vageshwari Deswal of the Faculty of Law, University of Delhi moderated the session which focused on the comparative assessment of the implementation of “Bharatiya Nyaya Sanhita, 2023”
Panelists Mr. Devang Vyas, Addl. Solicitor General, Bombay High Court, Special Public Prosecutor and Advocate Bombay High Court, Raja Thakare, Deputy Solicitor General Bombay High Court, Praveen Nilkanth Faldessai and Prof. Anurag Deep of Indian Law Institute, New Delhi also spoke during the session and clarified so many critical issues.
“Offences against women will be taken care of before anything else,” Deputy Solicitor General Bombay High Court, Mr. Praveen Nilkanth Faldessai, emphasized the enhanced focus on offences against women and children, noting that the Bharatiya Nyaya Sanhita now features a dedicated chapter, a departure from its predecessor which only included a section on these matters.
Special Public Prosecutor and Advocate at Bombay High Court, Shri Raja Thakare, underscored that the restructuring of the laws prioritises human lives. “Bharatiya Nyaya Sanhita is arranged in such a way that priority is given to human lives,” he remarked, reflecting the overarching objective of the new legislation.
Technical Session-II – Bharatiya Sakshya Adhiniyam 2023:
Mr. Justice A.S Gadkari, Bombay High Court chaired the session and Mr. Milind Bhaskar Gawai, Asst. Prof. MNLU Mumbai, moderated the session on salient aspects of “Bharatiya Sakshya Adhiniyam, 2023” concerning evidence.
Panelists include Former Director CBI, Subodh Kumar Jaiswal, Special Director (Enforcement) Directorate of Enforcement, Monika Sharma, Special Public Prosecutor & Advocate Delhi High Court, Amit Prasad, and Asst. Prof. at the National Forensic Science University, Gandhinagar, Dr. Bishwa Kallyan Dash.
The session highlighted significant advancements in the new criminal laws about electronic and digital records. The inclusion of electronic/digital records in the definition of documents expands the applicability of all sections related to the admissibility of documents to these records as well was highlighted. Additionally, it was noted that the new legislation includes provisions to accept electronic or digital records in any condition, reflecting a modernized approach to evidence handling within the criminal justice system.
Technical Session-III – Bharatiya Nagarik Suraksha Sanhita, 2023
Ms. Justice Bharati Dangre, Bombay High Court chaired the session and Prof. Mohd. Asad Malik, Faculty of Law, Jamia Millia Islamia University, New Delhi moderated the session on the procedural changes introduced by “Bharatiya Nagarik Suraksha Sanhita, 2023” impacting the investigation of crimes by police officers and the integration of ICT tools.
The panelists include renowned legal expert, Dr. Tanaya Kamlakar, Asst. Prof. and Director, Centre for Research in Criminal Justice, MNLU, Mumbai, E. Chandresekaran, Advocate, Madras High Court, and, Dr. Neeraj Tiwari, Asst. Prof. at the National Law University, Delhi.
In his valedictory speech Governor of Maharashtra Shri Ramesh Bais stated that, “Under the new criminal law, police and investigative agencies will benefit from clear, updated guidelines and enhanced accountability measures. This will bring more transparency and effectiveness to law enforcement.”
Furthermore, the Governor highlighted the significant benefits these reforms bring to victims. He noted that the new laws prioritize the rights of victims, offering stronger protections, improved compensation mechanisms, and increased participation in the judicial process. This commitment ensures that their voices are heard and justice is delivered more effectively.
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The conference witnessed participation from different stakeholders including Judges, former Judges from various High Courts, District and Lower Courts, advocates, and representatives of law enforcement agencies such as police, CBI, ED, and NIA. Additionally, students and faculty members from different Law Universities, along with delegates from Gujarat, Rajasthan, Chhattisgarh, Punjab, Haryana, Jammu & Kashmir, and Ladakh, contributed to the success of this significant event.
Over the past three months, the Ministry of Law and Justice has conducted four major conferences in New Delhi, Guwahati, Kolkata, and Chennai. These conferences were instrumental in engaging with key stakeholders such as the Judges of the Supreme Court, High Courts, and Subordinate Courts, Prosecutors, Advocates, Officers of Law Enforcement and Investigating Agencies, District Administration Officials, Academia, students of law, and citizens at large.
The Conference was Live Streamed – Watch here
