BCI directs law colleges to strengthen teaching of new criminal laws, forensic science

The Bar Council of India (BCI) has urged all universities and centres of legal education to further strengthen the academic implementation of the new criminal laws, with specific emphasis on forensic science, scientific investigation and case-study-based learning.

The direction was issued in continuation of the BCI's May 20, 2024 circular on the implementation of the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023 in legal education. The earlier circular has directed universities and centres of legal education to incorporate the three laws into their circular from the academic year 2024-25.

The teaching of the new laws should not remain limited to the textual study of statutory provisions. It should also include their practical application and contemporary developments in criminal investigation, evidence and administration of justice.

BCI stresses forensic science education

The BCI has directed that, wherever relevant to the prescribed curriculum, appropriate academic emphases should be given to forensic science and scientific investigation. The areas listed include electronic and digital evidence, expert evidence, preservation and collection of evidence, chain of custody and forensic examination.

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The circular also calls for attention to the use of technology in investigation and trial, along with other emerging aspects of criminal justice administration arising under the new statutory framework.

Institutions encouraged to develop case studies

Universities and centres of legal education have been encouraged, according to their academic capacity and available expertise, to develop and use can studies, research papers, teaching modules, clinical exercise, simulations, seminars and workshops.

These academic activities should focus on the practical implementation of the new criminal laws and the increasing role of scientific and forensic methods in the justice delivery system.

Research on forensic methods encouraged

The BCI has particularly encouraged National Law Universities, Central and State University Departments of Law and other institutions with adequate research facilities and academic expertise to undertake documented research and case studies.

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The research may cover India's transition towards greater use of forensic and scientific methods in criminal investigation and adjudication, including practical implementation, institutional experience and emerging judicial interpretation.

Academic material must meet safeguards

As per the circular, academically evaluated material may be incorporated into classroom teaching, clinical and practical legal education research, research projects, seminars, workshops, and other recognised academic activities. This should not dilute mandatory subjects, minimum subjects, minimum teaching hours, attendance requirements, examination standards or other requirements under the Rules of Legal Education, 2008 or BCI directions.

The case studies, research material and teaching modules prepared or used under the circular must maintain academic accuracy and comply with requirements relating to confidentiality, privacy and protection of sensitive information.

Universities asked to ensure implementation

Universities and centres of legal education must ensure that information concerning victims, witnesses, accused persons, pending investigations, confidential records or pending proceedings is not disclosed except in accordance with law. Where actual cases are used for academic purposes, appropriate anonymisation must be undertaken wherever required.

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The circular also requires universities to circulate the communication to every constituent and affiliated centre of legal education under their jurisdiction and ensure its implementation in the academic process. Institutions must maintain a brief record of steps taken, including curriculum or teaching-module integration, seminars, workshops, research projects and case studies, which may be furnished to the BCI when called for.