Jammu, Mar 09: Justice Sanjeev Kumar, Judge, High Court of Jammu & Kashmir and Ladakh, on Saturday said the new criminal laws are designed not just to punish but to ensure justice to all, especially the marginalised segments of society.
He said this in his inaugural address at a two-day training programme on “New Criminal Laws” held at J&K Judicial Academy, Janipur, Jammu, for judicial officers, prosecution officers, police officers and officers from forensic science laboratories of Jammu Province including Research Assistants of High Court of J&K and Ladakh at Jammu Wing. Sakal Bhushan, an eminent lawyer from Jammu, now practising in the Supreme Court of India was the resource person.
Justice Kumar pointed out that the earlier Indian Penal Code, as the name itself suggested, was introduced with a view to penalising the Indians. He gave an overview of the three new laws; Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Sakshya Adhiniyam, 2023 (BSA) and Bharatiya Nagarik Suraksha Sanhita, 2023(BNSS) and highlighted that these new laws are in tune with the spirit of the Constitution and have been introduced in keeping with the aspirations of ‘we the people’.
Elaborating further, the judge said, “The British era is punishing and enforcing allegiance to foreign rule whereas the soul of new laws is Indian and for the first time our criminal justice system will be governed by the laws of India, made by the Indians and for India. The new way of inflicting punishments like community service reflects the changing sentiments of the public. It’s not just about punishing people but also about making them do something constructive for the community.”
Justice Kumar emphasised that the idea was to make them learn from their mistakes and contribute positively to society. He described the BNSS to be aimed at providing a faster and more efficient justice system to address the issues of delays, huge pendency, low conviction rates, minimal use of technology in the legal system and inadequate use of forensics. “All these changes in laws would not work unless there was corresponding upgradation in the infrastructure,” he lamented.
Director, J&K Judicial Academy, Y.P. Bourney presented the welcome address and highlighted the core of the programme. He said that Bharatiya Nyaya Sanhita Act, 2023 was presented in the Lok Sabha on August 11, 2023, with the primary goal of overhauling the existing Indian Penal Code, 1860, as well as two other bills aimed at replacing the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872.
He emphasised that the Act proposes significant changes, including streamlining certain IPC provisions to reduce its length. “The Act introduces new offences such as hate speech and terrorism. It replaces the sedition with a more stringent offence of treason (Desh Droh or Rashtarya Droh),” he said, adding that the passing of the new laws, as described by Prime Minister Narendra Modi, “is a watershed moment in the history of free India”.
This, he said, would mark the end of the laws of the colonial era and the beginning of a new era of modernization of our legal, policing and investigative system consistent with the soul of India and also with the greater use of technology and forensic science to bring it at par with that of the most advanced countries of the world.
With the coming to force of these laws, there would be a uniform justice system throughout the country, Bourney said.
He added, “By pursuing these progressive legislations, we as a nation can work towards a criminal justice system that upholds the rule of law, protects human rights and effectively serves the needs of its diverse population particularly the poor and the marginalised.”
