Read 101 for murder – for lawyers, it’s ‘back to school’ as BNS replaces IPC

Noida: 420 isn’t cheating. 302 isn’t murder. And 120B isn’t criminal conspiracy. These and other sections intuitive to them consigned to history with the Indian Penal Code replaced by Bharatiya Nyaya Sanhita (BNS) from Monday, lawyers have their tasks cut out.
At the district courts, hundreds of lawyers were busy memorising new sections and reading the fine prints of BNS, Bharatiya Nagarik Suraksha Sanhita (BNSS, which replaces CrPC), and Bharatiya Sakshya Adhiniyam (BSA, which replaces Indian Evidence Act).Most of them were given books and printouts explaining the changes.
Several senior advocates TOI spoke to said IPC was second nature to their legal acumen and it felt like returning to school. They also said amending some obsolete laws and revising sections in the IPC and CrPC would have been an easier transition than coming up with a whole new set of criminal laws.
Cheating, for instance, is now Section 318; murder is Section 101; and criminal conspiracy is Section 61 (2) of BNS.
“All the IPC and CrPC sections are on the tip of my tongue. I don’t know why the govt introduced these laws. Instead, they could have amended them. After so many years of practising, reading all these new laws is like going back to school,” said Yusuf Saifi, a lawyer with 26 years of experience, at the Gautam Budh Nagar district court.
Manoj Bhati, another lawyer in Noida, said it felt like he had to unlearn all that he knew. “It will take time for lawyers to memorise which section deals with which crime. It has doubled our work,” he said.
Unlearning, however, is not an option because lawyers will continue to argue cases registered till June 30 under IPC provisions. So, they need to be thorough with both the criminal laws since there will be situations soon when they will have to argue on the same day cases under IPC and BNS.
Some lawyers were hopeful that adapting to the new laws won’t be too difficult.
“Govt introduced these laws six months before implementation, giving us enough time for preparation. There are books and reference materials available in the market,” said Raj Kumar Nagar, former president of the district bar association in GB Nagar.
In Ghaziabad, district government counsel (DGC) Rajesh Chand Sharma was studying provisions of BNS in his office on Monday when this correspondent visited.
“Lawyers need knowledge of old laws as well as new laws as cases filed before July 1 will be dealt with by IPC sections… Apart from lawyers, magistrates are also facing challenges in interpreting the new laws. Everyone has to learn,” Sharma said.
There are nearly 2,200 advocates in Gautam Budh Nagar, and 2,500 in Ghaziabad, according to data with bar associations.
So far, bar associations in the two NCR cities haven’t organised workshops, but some training programmes have been conducted for public prosecutors.
Umesh Bhati, president of GB Nagar Bar Association, said that lawyers have been engaged in comparative studies and “we will also conduct a workshop this week”.
Utkarsh Vats, special public prosecutor at a Pocso court in Ghaziabad, said the new laws were more suitable for the country.
“Earlier, there were some sections that referred to India as ‘British Raj’. The new laws also emphasise on collection of electronic evidence, which will be useful in trial,” he said, referring to Section 105 of BNSS, which mandates investigators to take videos while collecting proof.
Vikrant Pandey, secretary of Allahabad high court Bar Association, agreed there was a need for overhaul in criminal laws. “IPC was introduced in 1860, and it was 164 years old. Most of the laws were outdated. The new laws ensure stricter punishments too,” Pandey said, adding that the association will organise a 10-day workshop for lawyers.
On criticism about a whole new set of norms to study, Pandey said opposition to change is natural. “But the process will be streamlined in the coming days,” he said.