Lawyer Vishal Tiwari has filed a petition in the Supreme Court challenging the validity of the three new criminal laws.
President Droupadi Murmu gave assent on December 25 to the three new criminal justice bills, which were cleared by Parliament on December 21. These laws - the Bharatiya Nyaya (Second) Sanhita, 2023, Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, and the Bharatiya Sakshya (Second) Bill, 2023 - will replace the century-and-a-half-old Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and the Indian Evidence Act. The date on which the laws will come into effect is yet to be notified by the government.
The PIL seeks for directions to the government to set up an expert panel under the chairmanship of a former judge of the apex court to examine, assess and identify the viability of the three new laws. It also asked the Supreme Court to stay the implementation and operation of the law.
"The main motive of the Bills were to decolonise the Indian laws, but in contrary the same laws are being repeated with no new explanations with additional powers granted to the police to rule people out of fear and depriving the fundamental rights," said the Public Interest Litigation (PIL) filed on January 1.
The plea alleged that the three criminal laws were passed and enacted without any parliamentary debate as many of the members were under suspension during the period. According to the plea, the title of the present laws being Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and Bharatiya Sakshya Adhiniyam are not accurate as per the principles of interpretation of statutes as does not speak of what the laws are about and their motive.
"The Bharatiya Nyaya Sanhita retains most offences from the Indian Penal Code, 1860. It adds community service as a form of punishment. Sedition is no longer an offence. Instead, there is a new offence for acts endangering the sovereignty, unity and integrity of India," it said.
The PIL points to various operational difficulties the laws could allegedly encounter if it is implemented in its present form.
On the last day of the Monsoon Session of Parliament, Home Minister Amit Shah had introduced the the new laws. Shah noted that these laws are aimed at drastically reducing delays and pendency in the criminal justice system.
Experts said that these laws will mark the biggest reform in the criminal justice system since India attained Independence in 1947. Many provisions of the IPC were considered to have been enacted to suit Victorian sensibilities. The courts had to intervene regularly to ensure that the law was updated to keep up with societal and technological advancements.
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