Is it illegal for BCI to seek declaration of criminal antecedents of law students: HC

The Bombay High Court has ruled that the Bar Council of India (BCI) circular, which requires law students to declare any criminal history, is legal . The circular, issued in September 2024, mandates criminal background checks for law students, requiring them to disclose any ongoing FIRs, criminal cases, and convictions. The BCI stated that the circular was issued to monitor the backgrounds of law students. The court noted that students are not made ineligible to pursue education merely based on criminal antecedents.

Supreme Court s ruling on race conscious admissions

The Supreme Court's ruling against race-conscious admissions, often termed affirmative action, means that law schools can no longer consider race as a factor in admissions decisions. Selective institutions are likely to be more affected by this policy and will need to find race-neutral ways to promote diversity. However, law schools are still committed to increasing diversity.

Here's how the ruling might affect the law school admission process:

Personal statements Law schools may read personal statements more thoroughly to understand how an applicant’s identity has shaped them as an individual.

Diversity presentation Applicants can still present their diversity in a thoughtful and meaningful way in their applications.

Holistic review Schools can no longer explicitly consider a student’s race as one of many factors in a holistic admissions process.

Alternative factors Schools may consider other factors, such as socioeconomics or first-generation status, to promote diversity.

Exceptions

The Indian Penal Code (IPC) provides certain exceptions and protections that may be relevant to law students with minor offenses.

General Exceptions in the IPC:

Mistake of fact An act done under a mistake of fact, believing it to be justified by law, may be considered an exception.

Accident An act done by accident, without any criminal intention or knowledge, may not be an offense.

Absence of criminal intention Certain acts performed without criminal intent may not be punishable. This includes acts done to avoid other harm, acts of a child, acts of a person of unsound mind, and acts of an intoxicated person.

Trifling acts An act that causes slight harm, such that a person of ordinary sense and temper would not complain, is not an offense. This is based on the principle that the law does not concern itself with trivial matters.

Acts of Children:

Children under 7 years of age are exempt from criminal liability.

Children between 7 and 12 years of age have conditional immunity, meaning their liability depends on whether they have sufficient maturity to understand the nature and consequences of their conduct.

Juvenile Justice System:

Students under 18 are protected under the Juvenile Justice (Care and Protection of Children) Act, 2015 and should not be treated as adult criminals unless they commit heinous crimes as defined in the Act.

The Juvenile Justice Board can order a juvenile convicted of petty or serious crimes to be sent to an observation home for a period not exceeding 3 years. They may also be released under probation with participation in counseling or restorative practices, and the guardian may be ordered to pay a fine.

When a child below 18 is accused of an offense, they are presented before a juvenile officer or child welfare officer5. An inquiry is conducted to determine if the offense is petty or heinous, and the juvenile justice board may issue punishments such as advice, counseling, community service, or release on probation.

(caution : These articles cannot and should not be considered as a replacement of a professional legal advice as there are many intricacies that may not have mentioned here).

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