ABOUT THE WEBINAR
Date: 8th December 2024 (Sunday)
Duration: 1.5 Hours
Platform: Online (Live Session).
Free E-Certificate to all the Participants
Objective: This free introductory webinar provides a comprehensive overview of India’s new criminal laws—Bharatiya Nyay Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA). Participants will gain essential insights into the structural and procedural changes in these laws, highlighting critical differences from the Indian Penal Code, Criminal Procedure Code, and Indian Evidence Act. This session is perfect for law students, legal professionals, and anyone interested in understanding the key reforms in India’s criminal justice system.
WEBINAR CONTENT
1. Introduction to India’s New Criminal Laws
Objective: Provide context on why the new laws were introduced and highlight their significance.
- Why New Laws?
- Explanation of the legislative shift towards a more victim-centric, justice-oriented legal framework.
- Differences in approach: Moving from a colonial penal system to one that reflects India’s current social, technological, and legal needs.
- Structure and Organization: Brief overview of the structure of BNS, BNSS, and BSA compared to IPC, CrPC, and the Indian Evidence Act.
2. Bharatiya Nyay Sanhita (BNS) - Major Changes and Key Offenses
Objective: Highlight critical amendments, new offenses, and redefined terms within BNS, emphasizing the contrasts with IPC.
Key Topics:
- Structural Reorganization of Chapters
- Overview of reorganized chapters in BNS, consolidating offenses related to women, children, and bodily harm for clarity.
- Emphasis on how this restructuring impacts legal clarity and efficiency.
- Gender-Neutral Offenses and Enhanced Protections for Vulnerable Groups
- Gender-Neutral Reforms:
- Voyeurism (Section 77) and Assault with Intent to Disrobe (Section 76) now cover men, women, and transgender persons.
- Discussion on how these changes promote inclusivity and protection across all genders.
- New Provisions for Offenses Against Women and Children (Chapter V):
- Coverage of offenses like stalking, harassment, and trafficking, consolidated for more efficient application and sentencing.
- Gender-Neutral Reforms:
- Newly Introduced Offenses
- Mob Lynching (Section 304): Definition, legal implications, and scope.
- Organized Crime (Section 111): Coverage of complex crimes, including kidnapping, human trafficking, and drug-related offenses.
- Terrorist Act (Section 113): Comparative analysis with prior laws on terrorism; impact on national security cases.
- Sexual Intercourse by Deception (Section 69): Definition, coverage of deceit through false promises of marriage, concealment of identity, or promises of employment.
- Abetment by a Person Outside India (Section 48): New focus on international abetment and the criminal liability for offenses impacting India from abroad.
- Amended Definitions and Enhanced Penalties
- Overview of revised definitions (e.g., “child,” “transgender,” “movable property”) that reflect modern needs.
- Increased Penalties:
- Enhanced sentences for Gang Rape of a Minor (Section 70(2)), with life imprisonment till natural life.
- Penalties for crimes causing Permanent Disability or Vegetative State (Section 117).
- Discussion on penalties for repeat offenders (Section 303(2)) in minor thefts, including alternative community service options for first-time offenders.
- Key Deletions from IPC
Explanation of why Adultery, Sedition, and Attempt to Commit Suicide were removed, with emphasis on changing societal perspectives and the relevance of these laws.
3. Bharatiya Nagrik Suraksha Sanhita (BNSS) - Procedural Reforms and Digital Integration
Objective: Explore significant procedural updates in BNSS, highlighting the modernized approach to criminal procedure, arrest protocols, and victim protection.
Key Topics:
- Arrest and Detention Provisions
- Arrest Without Warrant (Section 35): Specific conditions under which police can arrest without a warrant.
- Right to Legal Representation (Section 38): Rights of arrested persons to consult with their advocate during interrogation; overview of procedural safeguards.
- Protection of Arrested Persons (Sections 42-49): New limitations on detention, mandatory medical examinations, and procedures for humane treatment.
- Investigation and Evidence Collection Updates
- FIRs and Digital Documentation (Section 173): Introduction of e-FIRs, documentation protocols, and digitization of criminal records.
- Audio-Visual Recording of Evidence (Section 105): Requirements for video recording during search, seizure, and witness statements to enhance transparency.
- Police Investigation Duties (Section 177): New guidelines ensuring timely and systematic evidence collection.
- Victim-Centric Reforms
- Victim Compensation Scheme (Section 396): Immediate compensation guidelines, ensuring timely support for victims.
- Witness Protection (Section 398): Steps for safeguarding high-risk witnesses, including police protection for threatened individuals.
- Rape Victim Examination Protocols (Section 184): Detailed guidelines for medical examination, safeguarding victim privacy and dignity.
- Digital Integration and Technological Provisions
- Electronic Presentation of Evidence (Section 530): Mandates for electronic record submissions in court.
- Remote Attendance of Witnesses (Section 319): Provisions for video-conference attendance for witnesses, streamlining cross-examinations.
4. Bharatiya Sakshya Adhiniyam (BSA) - Evidence Reforms for the Digital Age
Objective: Provide an overview of BSA’s modernized approach to evidence handling, admissibility, and protection, particularly focusing on digital and cyber evidence.
Key Topics:
- Relevancy and Admissibility of Evidence
- Relevancy of Facts (Section 3): Explanation of what facts qualify as admissible under the new framework.
- Confessions and Admissions (Sections 22-25): Revised standards for admissibility, prohibiting forced or coerced confessions.
- Digital and Electronic Evidence Handling
- Electronic Records as Documentary Evidence (Section 62): Step-by-step guide to validating and preserving electronic records.
- Electronic Agreements and Contracts (Sections 85-90): New legal presumptions for electronic contracts, emails, and digital communications.
- Chain of Custody (Section 93): Guidelines on maintaining a secure chain of custody for electronic evidence, from collection to court submission.
- Protections for Witnesses and Evidence Admissibility
- Witness Competency (Section 140): Criteria for determining witness competency in sensitive cases.
- Cross-Examination Protections (Section 48): Limitations on questioning rape victims about past sexual history to protect their dignity.
- Presumptions in Sensitive Cases: New rules favoring victims in dowry death, sexual assault, and cybercrime cases (Sections 118-120).
5. Interactive Q&A Session
Objective: Facilitate engagement and answer specific questions related to the application, interpretation, and challenges of implementing the new criminal laws.
- Implementation Challenges:
- Discussion on practical challenges faced by the police, judiciary, and legal professionals in adapting to these laws.
- Potential issues in integrating digital tools in rural or resource-limited settings.
- Audience Q&A:
Addressing participant-specific questions on procedural differences, impact on current cases, and transitional issues.
WHO SHOULD ATTEND?
- Law students interested in understanding recent changes in criminal laws.
- Legal professionals looking to update their knowledge on criminal procedures and evidence.
- Law enforcement officers and legal researchers keen on the practical aspects of new criminal laws.
Don’t miss this opportunity to understand the foundational changes in India’s criminal justice system!
