Shillong, July 11: The Khasi Hills Autonomous District Council (KHADC) on Thursday expressed concern over the implications of the newly introduced criminal laws by the Centre on the courts under its jurisdiction.
During the second day of the Summer Session of the KHADC, senior MDC Bindo Mathew Lanong moved a motion regarding the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagrik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA), which replaced the Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and the Indian Evidence Act (IEA) from July 1.
Lanong highlighted that the legal fraternity across the country is strongly opposing these new laws, with the Bar Council of India (BCI) planning to raise the matter with the Union Law Ministry. He questioned how these new laws would apply in the Khasi Hills District Council Court, Additional Subordinate District Council Courts, and Village Courts of the Council, which have historically adhered to the CrPC, IPC, and IEA.
“All these years it is the CrPC, IPC, and IEA which are applicable in the three courts of the Council,” Lanong said.
He emphasised the need to send a strong message to the Centre about the concerns of the people of Meghalaya regarding the new laws.
Lanong noted the differences in the number of sections between the old and new laws, stating that the IPC had 511 sections, while the new BNS has only 358, leaving 153 sections unaccounted for. He also pointed out that the old CrPC had 484 sections, whereas the BNSS has 531, adding 47 new sections which he deemed a “huge threat to the citizens of this country.”
Leader of Opposition (LoP) Titosstarwell Chyne echoed Lanong’s concerns, suggesting that the BJP-led NDA Government is attempting to change colonial laws. Chyne urged the Executive Committee to clarify how the new laws would be applicable in the various courts of the Council, given that the CrPC and IPC are mentioned in Paragraphs 4 and 5 of the Sixth Schedule.
Chyne proposed that the Council seek the views of its legal counsel to understand the application of these new laws, especially since the council courts deal with cases involving tribals.
In response, Deputy CEM Pynshngain N. Syiem acknowledged the confusion surrounding the implementation of the new laws. He stated that if the CrPC and IPC have been repealed, the new laws need to be mentioned in Paragraphs 3 and 4 of the Sixth Schedule through an amendment.
Syiem clarified that the provisions of the BNSS, except Chapters 9, 11, and 12, would not apply in Nagaland and tribal areas, and that the applicability in tribal areas would require a notification from the state government.
He expressed surprise at a notification issued by the Governor on June 26, stating the new laws would be applied to the court without consulting the councils.
“The state government went ahead to issue this notification without consulting the councils,” Syiem said, highlighting the technical problems and potential implications for the various courts of the KHADC.
