The Department of Law and Justice held a one-day training program for prosecutors and government advocates of the High Court at the Capital Convention Centre. The training covered two main topics: ‘Law on Arrest as Laid by the Supreme Court in Amaresh Kumar, Satender Kumar Antil & Siddharth Case’ and ‘New Criminal Law’.
The resource persons for the sessions were Y Longkumer, NJS, Secretary (Judicial) of the Department of Law & Justice, and Imtiakum, Additional Secretary of the Department of Law & Justice. The event was moderated by Mughali Y Achumi, Secretariat Assistant.
In her welcome speech, Thejangu-u Kire, Secretary (Law) of the Department of Law & Justice, highlighted that the new criminal laws mark the beginning of a significant chapter in the legal system. She emphasized that penal laws alone do not form the criminal justice system, as the court, police, prosecutors, and government advocates all function interdependently.
Kire also mentioned that crimes against women and children have been addressed with stricter measures to ensure focused protection and justice, alongside considerations for terrorism and terrorist acts.
Y Longkumer discussed Section 41 of the CRPC, which outlines the power of the police to arrest without a warrant or magistrate’s order. She elaborated on the Supreme Court’s rulings in the Amaresh Kumar, Satender Kumar Antil, and Siddharth cases regarding the law on arrest.
Imtiakum, in light of the new criminal laws, explained that the BNSS 2023, apart from chapters IX, XI, and XII, will not apply to Nagaland and tribal areas unless the State Government issues a notification to that effect. The new criminal laws include the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA), which replace the Indian Penal Code (IPC) 1860, the Criminal Procedure Code (CRPC) 1973, and the Indian Evidence Act 1872, respectively.
Imtiakum elaborated on the features of the new criminal laws, noting that the IPC, which comprised 511 sections and 23 chapters, has been streamlined to 358 sections and 20 chapters in the BNS. Similarly, the CRPC, with 484 sections and 37 chapters, has been updated to the BNSS with 531 sections and 39 chapters. The Indian Evidence Act, which had 167 sections and 11 chapters, has been replaced by the BSA with 170 sections and 12 chapters.
He highlighted major changes in the new criminal laws, such as the redefinition of “child,” the inclusion of transgender individuals in the definition of gender, and the introduction of new offenses like organized crime, terrorist acts, petty organized crime, hit and run, publication of false and fake news, the concept of Zero FIR under Section 173 (1), and the mandate for police stations to register FIRs regardless of jurisdiction.
The Commissioner & Secretary of the Law & Justice Department, Y Kikheto Sema, IAS, also addressed the event. He urged the audience to be aware of both new and old laws, noting that customary laws alone are insufficient.
“To make a good judiciary, the judicial system must have impartiality, rationality, and good knowledge about laws,” he added. Temsunaro, Public Prosecutor, Dimapur, and Abraham, Presiding Officer of Lok Ayukta and Additional Public Prosecutor of Peren, also elaborated on the features and implications of the new criminal laws during the event.