Judge of Gauhati High Court, Kohima Bench, Justice Y Longkumer on Thursday said panel lawyers who often serve as the first line of access to justice for the marginalized and under-represented now play unique and essential roles as educators, advisors and counsellors for common citizens at a time when the Indian legal system is undergoing a pivotal transition with the introduction of new criminal laws.

Longkumer was addressing one-day orientation programme on the new criminal laws– Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) for retainer lawyers/panel lawyers and Legal Aid Defense Counsel System (LADCS) lawyers, organized by the Nagaland State Legal Services Authority (NSLSA) at Hotel Japfü Kohima on June 19.

The judge said the Indian criminal justice system is undergoing significant reforms with the introduction of the BNS, BNSS, BSA replacing the Indian Penal Code, the Criminal Procedure Code and Indian Evidence Act, and legal fraternities across the judiciary are in the learning and adaptation process.

“These new legislative reforms are not just mere cosmetic changes but represents a new way of thinking how justice system is perceived, delivered and experienced by the common citizens,” the Judge asserted.

Longkumer said as lawyers, who serves on the Legal Services Panel are often the first line of access to justice for the marginalized and under-represented and their role now is more important than ever.

“You have to learn to adapt to changes with professionalism and as it is with any legal transition, there will be challenges and uncertainties in the interpretation”, the judge said.

She further called for deeper engagement with law, greater professional development and renewed commitment to justice.

On existing practical difficulties, Longkumer cited on the existence on different interpretation and sources,  questions and the practical burden of unlearning and relearning while observing that now they have to change their mindset and start to unlearn the IPC, CrPC and learn the new laws.

“But that is also an immense opportunity to refine their practice to lead with clarity and ensure that justice becomes more sensible, humane and aligned with constitutional values,” the Judge underscored.

She meanwhile urged the lawyers to remind themselves that laws are never static but are always evolving and added that the lawyers’ duty to uphold justice remains timeless, to protect the rights of every individual regardless of their background.

The judge further encouraged the lawyers to grasp the BNS where the offences has been re-classified and inclusion of new sentencing, and community service as a part of punishment under the BNS has been introduced.

Other important topics she touched upon included enhanced provisions for victim compensation and investigation timeline under the BNSS and modernization of evidence with special evidence on digital evidences.

Download Nagaland Tribune app on Google Play

The judge said the training was not just for reforms but for empowering lawyers.  She said the role of panel lawyers in the new scenario is not just confined to courtroom or advocacy in the court but play the role of educators, advisors and counsellors.  Therefore, she encouraged the lawyers that their grasp of new laws must be very strong.

“Your clients cannot afford to be confused and delay must be avoided,” she said, as far as the duties and responsibilities in the league system is concerned.

During the inaugural session, NSLSA Member Secretary, Neiko Akami gave the welcome address and said that the training programme has been organized with the vision to equip the lawyers under NSLSA to provide effective legal aid to the different sections of the society.

The programme was chaired by NSLSA retainer lawyer, Apila Sangtam.

During the technical session, resource person, Nasim Akhtar, Faculty at Judicial Academy, Assam gave an overview of Major Reforms in BNSS. He highlighted about new definitions introduced in the law, provisions related to FIR, Complaints, Investigation, Arrest, Remand and Bail. Other topics, the resource person highlighted were on search, seizure, attachment, forfeiture, disposal of property etc.

Some important inceptions on the BNSS which he delved during the session were forensic Investigation, Digital Evidence etc. Scientific methods of Investigation (use of Electronic means in investigation); Supply of Documents to accused and victim (Role of Investigating Officer).

Changes introduced in Medical Examination of Victim and Accused under BNSS, 2023; Use of technology in service of Processes, Supply of Documents, Production of Accused etc.

Among others were Changes relating to Arrest, Custody, Remand and Handcuffing etc; and Changes introduced in Bail, bail of UTP under BNSS, 2023, etc were also presented.

Meanwhile, in the second technical session on BNSS, Faculty Judicial Academy Assam, SP Moitra gave insights on changes introduced in the law from Cognizance stage to Trial stage; Trial in Absentia under BNSS, 2023; Plea Bargaining under BNSS, 2023; Changes introduced in Commutation of Sentence, Mercy Petition, Withdrawal of Cases; Victim compensation and Witness Protection among others.

The other sessions dealt on overview and Comparison of Indian Penal Code vs. Bharatiya Nyaya Sanhita, Deletion and Addition of Offences under BNS; Scope of Community Service under BNS by Resource person, Nasim Akhtar.

Moitra gave Overview and Comparison of Indian Evidence Act vs. Bharatiya Sakshya Adhiniyam; Additions, Deletions, Modifications and Reorganization of

Chapters and Sections; and Major Changes under the BSA.