On the 22nd of July, 2024, The Constitution Club of SJCL held a talk titled ‘The Recent Criminal Justice Legislation’ to promote discussions on the new criminal law bills adopted in India, namely the Bharatiya Nyaya Sanhita (BNS) which replaced the IPC of 1860, the Bharatiya Nagarik Suraksha Sanhita (BNSS) which replaced the CrPC of 1973 and the Bharatiya Sakshya Adhiniyam (BSA) which replaced the Indian Evidence Act of 1872. The objective of the talk was to discuss the relevance of the new laws as well as the implications and effects it has on society and the country at large. More than 240 students participated in the talk from the college, from various classes and courses.

Discussions on the new legislation

The event was graced with a talk by our guest speaker, Mr. Harish Narasappa, a founding partner of Samvad Partners and a designated senior advocate. Having more than 20 years of experience, Mr. Narasappa spoke to the students of SJCL with his perspective on the new laws, highlighting the major issues with the legislation, emphasizing on specific provisions of the Act and the potential challenges that these provisions may face. Mr. Narasappa also acknowledged the long-term and short-term effects of the new laws and the potential efficiency as well as how the new laws will play a role in society, including its effect on modern-day society. Further, he highlighted the potential for conflicting interpretations within the legal framework, particularly regarding the delicate balance between victim rights and security concerns. Furthermore, Mr. Narasappa underscored the critical need for well-defined training protocols and robust oversight mechanisms. Finally, the session ended with a question and answer session from the students of SJCL who addressed their thoughts, doubts and questions to Mr. Narasappa who shared his valuable insights into the system and into the potential improvements relating to the recent legislation. The talk also occasionally delved into contemporary issues relating to the legal framework of both the state and the centre and the future of law with regard to national implementation by the Parliament.

Legal Overhaul Competition

The event included an article writing competition for the students of SJCL which invited the students of SJCL to submit a paper on the topic with the best submission being allowed to present their paper at the event. The college received many submissions and all submissions were scrupulously reviewed and checked. Among these submissions, the article submitted by Hima Varshini of II LLB was elected to present her paper titled ‘New Laws, Old Chains: Unmasking India’s Recent Legal Reforms.’B The article argues that India's new criminal laws, while attempting to replace British-era statutes, fall short of delivering substantial reform. The article critiques the process, highlighting the lack of involvement from legal experts and the minimal changes made to existing laws. The new laws raise concerns about potential infringements on civil liberties, including expanded police powers, a broad definition of sedition, and loose regulations on digital evidence collection. The positives include introducing community service and decriminalizing adultery and homosexuality. Overall, the article suggests the reform effort was superficial and resulted in legislation that may be even more problematic than the colonial-era laws it sought to replace.

The event successfully sparked a lively and insightful discussion on the complexities surrounding India's newly adopted criminal laws. Mr. Narasappa’s expertise shed light on the potential benefits of the BNS, BNSS, and BSA in modernizing the system and addressing contemporary challenges. However, the conversation also highlighted the need for careful analysis and ongoing monitoring. Concerns regarding potential conflicts in legal interpretations, the balance between national security and victim rights, and the responsible implementation of expanded police powers and digital evidence utilization were all thoughtfully explored. Further, the article writing competition and paper presentation also brought out other issues and statistical data on the potential of the new laws. Feedback

The event received positive feedback from the participants, with the majority of responses agreeing that the talk was relevant for them, with over 76.3% of students agreeing or strongly agreeing on the relevancy of the discussion. Further, over 79% of students rated the talk 4/5 or higher. Certain students also commented were also made on the talk, including several suggestions and ideas for future events.

Conclusion

The Constitution Club would like to thank Mr. Narasappa for his enlightening insight into the new laws, as well as our director, Fr. Jerald D'Souza SJ, our Principal, Dr. Pauline Priya, our Vice-Principal, Mrs. Shoba R and our faculty coordinators, Mr. Bhaskar Simha and Ms. Carol James and the student coordinators, Amit Aravind, Leesa Jain, Dritheesh Bhargav, Aaftaab Dhabhar and Mahima for their unconditional support in making this event a successful one.