BCI Mandates Implementation of Mediation & New Criminal Laws in Legal Education by 2024-2025

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The Bar Council of India has issued a circular directing all centers of legal education across the country to implement significant changes to their curricula, including new compulsory subjects and the adoption of three new criminal justice laws.

New Delhi: On 23rd May: The Bar Council of India (BCI) issued a circular directing all Centres of Legal Education (CLEs) to implement several new guidelines immediately. These changes include the introduction of mediation as a compulsory subject and the integration of three new criminal justice laws, which will replace the long-standing Indian Penal Code-1860, Code of Criminal Procedure-1898, and Indian Evidence Act-1872, starting from the academic year 2024-25.

Emphasizing the importance of alternative dispute resolution, the BCI has mandated that mediation be incorporated as a compulsory subject in legal education curricula. This directive, which has been in discussion since August 2020, emphasized the need for law graduates to be proficient in mediation techniques, reflecting the judiciary’s and government’s commitment to efficient and amicable dispute resolution.

“The Prime Minister emphasized the necessity for legal education to evolve with current times and technological advancements, particularly in understanding the newest trends in crime, investigation, and evidence. In response to these insights, the BCI has issued this circular to all centres of legal education for immediate enforcement,” stated the circular from the apex lawyers’ body.

“All centres are instructed to integrate subjects such as blockchains, electronic discovery, cybersecurity, robotics, artificial intelligence, and bioethics into their legal education curricula, aligning with the Prime Minister’s vision. This integration aims to ensure that graduates are well-prepared to tackle modern legal challenges,” it added.

The BCI circular also highlights the need for legal education to keep pace with technological advancements. Subjects such as blockchains, electronic discovery, cybersecurity, robotics, artificial intelligence, and bioethics are to be included in the curriculum. This is in line with Prime Minister Narendra Modi’s vision for a modern and adaptive legal education system that addresses contemporary challenges.

The circular stated,

“Aligned with the nation’s evolving legal landscape, it has been decided to incorporate three new enactments—Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam of 2023—into the curriculum of universities and Centres of Legal Education starting from the academic year 2024-2025.”

Regarding the inclusion of computer education, the BCI circular mentioned that it has been part of the legal education rules since 2008.

“There has been significant interest from both the Government and the judiciary in making mediation a compulsory subject, with a strong emphasis on its integration into legal education and law degree programs,” the circular noted, adding that this directive was initially communicated in August 2020.

The BCI emphasizes the importance of imparting a profound understanding of constitutional values and integrating socio-economic and cultural contexts into legal education. The circular advocates for interdisciplinary thinking and bilingual education, encouraging the use of both English and regional languages in law courses.

The BCI has reiterated that law courses must be conducted through regular, full-time programs. Online and correspondence law degrees are not approved, ensuring that students receive comprehensive and interactive legal education.

The circular stresses the importance of periodic reviews and strict compliance with the sanctioned seat strength across CLEs. Non-compliance with BCI guidelines will result in necessary actions against the institutions.

The BCI circular, dated May 20 and signed by Secretary Srimanto Sen, was addressed to vice-chancellors, registrars of universities, and heads of legal institutions. It highlights the collective vision of the Prime Minister, judiciary, and government to revamp legal education in India, making it more relevant and responsive to contemporary legal challenges.

The guidelines emphasized the importance of regular reviews and adherence to the approved seat capacity across all CLEs.

“All CLEs overseen by the BCI must comply with the BCI’s legal education reforms, mandatory guidelines, norms, and rules in the design and implementation of legal education and law degree programs. Failure to comply will result in appropriate actions. This circular is effective immediately,” the circular stated.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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