Follow amended criminal laws but continue to study old ones: Justice K. Surender of Telangana HC

There was much hue and cry about the nomenclature of the amended Indian Penal Code as Bharatiya Nyaya Sanhita, but ‘Sanhita’ only meant code, said Additional Solicitor General (ASG-Telangana) B. Narasimha Sharma on Sunday.

He was delivering the key-note address during a session on Bharatiya Nyaya Sanhita as part of a workshop on ‘New Criminal Major Acts’ convened by Forum For Nationalist Thinkers’ Hyderabad Chapter. He also 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 media that no debate was held on the matter.

Explaining the salient features of the BNS, which replace the IPC, the ASG said it was an example of transition from accused-centric approach to victim-participative and society-reformative stand in 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.

Justice K. Surender of the Telangana High Court, the chief guest, suggested to lawyers, law students and other stakeholders not to throw away books or material of old laws. Though the amended criminal laws would be coming into force from Monday (July 1), one would be required to know the old laws also till all cases registered under old laws were adjudicated, he said.

Justice Madhavi Devi of the HC, chief guest of the session on Bharatiya Sakshya Adhiniyam (replacing Indian Evidence Act), noted that it was imperative to introduce electronic communication as evidence in the backdrop of information technology becoming integral part of even personal lives of people.

Though amendments were made to the IE Act in the past, the pandemic COVID-19 created situations where people could depend only on IT to execute certain tasks. Justice Madhavi Devi recalled how a Indian youth living in USA could not come here during COVID-19 to get married. In the State where the boy was living the local laws facilitated issuance of marriage certificate even if the ceremony was performed online.

Making use of the permissibility of performing online ceremony, the bridegroom secured marriage certificate based on which his wife in India got visa to America, the judge recalled.