New criminal legislation that guarantee fair play in addition to punishment: Judge Kumar

J&K judicial personnel attended a two-day training session on new criminal statutes today at the J&K Judicial Academy, Mominabad.

Judge Sanjeev Kumar of the High Court of J&K and Ladakh launched the program in the presence of Sakal Bhushan, a renowned Jammu lawyer now practicing before the Indian Supreme Court. Bhushan served as the training program’s resource person.

Justice Sanjeev Kumar said in his inauguration speech that the Indian Penal Code’s original purpose was to penalize Indians, as its name would imply. He stated that the administration saw that it was the appropriate moment to repeal these regulations since a comprehensive revision of the laws had been a long-standing demand of society. Professor Ranbir Singh, the founding vice chancellor of National Law University in Delhi and head of the Committee for Reforms in Criminal Laws, was given the task by the government to change the criminal laws.

The committee was established with the purpose of concentrating on national integrity, Indian welfare, safety, and security. The three new laws, Bharatiya Nyaya Sanhita (BNS)-2023, Bharatiya Sakshya Adhiniyam (BSA)-2023, and Bharatiya Nagarik Suraksha Sanhita (BNSS)-2023, were also briefly discussed by him. He emphasized that these new laws had been adopted in accordance with the people’s aspirations and were in line with the spirit of the Constitution.

Justice Kumar said, “The essence of the new laws is Indianess, while the laws of the British-era were intended to punish and also enforce loyalty to foreign control. Our criminal justice system will be administered for the first time by Indian laws, which were created by Indians and for Indians.

He went on to emphasize that the goal of these new rules was not only to punish but also to provide justice to everyone, especially the vulnerable and marginalized, while taking into account the victim’s rehabilitation.

YP Bourney, Director of the J&K Judicial Academy, gave the welcoming speech and outlined the main points of the curriculum. He added that on August 11, 2023, the Bharatiya Nyaya Sanhita Act was introduced in the Lok Sabha, with the main objective being the revision of the current Indian Penal Code, 1860, together with two additional Bills that sought to replace the Indian Evidence Act, 1872, and the Code of Criminal Procedure, 1973.

He emphasized that among the many important modifications proposed by the Act is the simplification of several IPC rules in order to shorten their length. Additionally, it creates new offenses like terrorism and hate speech.

Furthermore, the Act establishes treason as the more serious crime in lieu of sedition. In order to improve the administration of justice, he argued that the BNS not only superseded the previous criminal code but also combined legislative measures that made crimes against women and children more serious.

The first day’s working sessions were presided over by barrister Sakal Bhushan. He provided a thorough summary of the chapters and parts included in the Bharatiya Nagarik Suraksha Sanhita, including the additions, deletions, alterations, and reorganizations. The knowledgeable resource person addressed a number of recently added and changed provisions for the attendees’ benefit.