The DM Harish School of Law, HSNC University recently hosted a Master Guest Lecture by Bombay High Court, Justice Advait M Sethna on January 25, 2025. The lecture provided insight into the complexities and evolving landscape of criminal law in India.
Dignitaries present at the event included the Dean of Interdisciplinary studies, Dr Leena Pujari; Registrar of HSNC University, Dr Bhagwan Balani; President and Trustee, Anil Harish; and HOD, DMHSL, Dr Anju Singh.
Foundation of Justice: Article 22 and Personal Liberty
Justice Advait M Sethna opened his lecture by discussing the constitutional foundation of Article 22, which protects personal liberty. While the provision safeguards individuals, he highlighted its role in maintaining justice and human rights within the legal framework.
"Article 22 is a cornerstone in protecting individual liberty and ensuring that no person is deprived of their rights without due process" said Justice Sethna, highlighting its significance in balancing law enforcement with individual freedoms.
Addressing Modern Challenges in Criminal Law
The lecture covered significant updates and developments within the criminal law framework, reflecting on the changing nature of crime in India. Justice Sethna spoke about the updated provisions under the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), specifically Section 113. The Section covers new forms of terrorism such as biological warfare, cyber fraud, and threats to economic security.
"Modern crime has evolved beyond traditional boundaries and the law must adapt to address emerging challenges", noted Justice Sethna while commenting on the scope of BNSS in combating contemporary threats to national security.
Evolving Legal Perspectives
Justice Sethna touched on organised crimes and the law's evolving stance on the issue. He discussed Section 106 of the Bharatiya Nyaya Sanhita (BNS), which addresses deaths caused by negligence and highlighted the shifting approach in imposing penalties in cases of gang rape, particularly those involving children under the age of 12. The BNS provides the death penalty for such crimes, which is aimed to deter heinous acts against minors.
During his address, Justice Sethna also referred to two landmark cases that shaped criminal law
1. Lalita Kumari v. State of UP: This landmark case introduced the concept of Zero FIR, which allows the filing of an First Information Report irrespective of jurisdiction, ensuring that victims of crime receive timely justice no matter where the incident occurred.
2. Deepu v. State of UP: This case clarified that the new criminal laws cannot have a retrospective effect, emphasising that the new criminal laws must only apply to offences committed after the enactment of the new laws.
The Need for Time-bound Trials
Justice Sethna highlighted the importance of time-bound trials in ensuring prompt justice delivery, pointing out that delays in legal proceedings undermine public confidence in the judicial system.
He also mentioned the legal stipulations under Section 1 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) which clarifies that it does not affect the Indian Arbitration and Conciliation Act, 1996.
Closing Remarks
The lecture concluded with a round of questions and answers, where students and attendees had the opportunity to engage with Justice Sethna and seek his views on contemporary issues in criminal law.
Dr Anju Singh delivered the vote of thanks, expressing her gratitude to Justice Sethna for sharing his knowledge and expertise on the subject.
The Master Lecture was a fitting tribute to the legacy of DM Harish School of Law's commitment to promoting legal education through expert input platforms. The event was a resounding success and underscored the importance of bridging the gap between theory and practice in the field of law.
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