Petition filed in Supreme Court against new criminal laws passed by Parliament

Author : Nimisha Nayak

Updated On : February 14, 2024

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Overview: In a significant development on three recently passed bills – the Bharatiya Nyaya Sanhita Bill, the Bharatiya Sakshya Adhiniyam Bill, and the Bharatiya Nagarik Suraksha Sanhita Bill – have been challenged in the Supreme Court of India.

The challenge comes through a Public Interest Litigation (PIL) filed by Advocate Vishal Tiwari, who has brought serious concerns regarding these bills to the attention of the apex court, requesting a stay on their implementation.

These bills, namely the Bharatiya Nyaya Sanhita, intended to replace the Indian Penal Code; the Bharatiya Nagarik Suraksha Sanhita, substituting the Code of Criminal Procedure; and the Bharatiya Sakshya Sanhita, replacing the Indian Evidence Act, have raised alarm due to certain aspects highlighted by the petitioner. The petition emphasizes the need for an expert committee to conduct a comprehensive examination of the newly assented bills, pointing out several perceived shortcomings in the legislation.

One of the key issues raised is that the initial drafts of these bills were withdrawn and then redrafted with minor modifications before being passed in Parliament. The petitioner argues that these bills were cleared without adequate discussion, especially in the context of the suspension of several Members of Parliament following a security breach.

The PIL underscores concerns about the procedural integrity of the enacted laws. It argues for the establishment of a committee, proposed to be led by a former Supreme Court judge and comprising other judges and senior advocates, to scrutinize the feasibility, effectiveness, and constitutional validity of the new criminal laws.

The petitioner contends that the rapid validation of these laws is fraught with various flaws and lacks a solid foundation, necessitating immediate judicial intervention. The petition stresses the importance of ensuring that the legal framework governing criminal procedures and evidence is just, efficient, and aligns with the principles enshrined in the Indian Constitution.

As this PIL gains traction and recognition, it brings into focus the judicial scrutiny of legislative procedures and the quest to uphold the coherence and integrity of India's criminal and judicial systems. The Supreme Court is expected to meticulously examine the petition and the arguments presented, determining the appropriate course of action in response to these significant calls for judicial review and intervention.

Petition filed in Supreme Court against new criminal laws passed by Parliament

Author : Nimisha Nayak

February 14, 2024

SHARE

Overview: In a significant development on three recently passed bills – the Bharatiya Nyaya Sanhita Bill, the Bharatiya Sakshya Adhiniyam Bill, and the Bharatiya Nagarik Suraksha Sanhita Bill – have been challenged in the Supreme Court of India.

The challenge comes through a Public Interest Litigation (PIL) filed by Advocate Vishal Tiwari, who has brought serious concerns regarding these bills to the attention of the apex court, requesting a stay on their implementation.

These bills, namely the Bharatiya Nyaya Sanhita, intended to replace the Indian Penal Code; the Bharatiya Nagarik Suraksha Sanhita, substituting the Code of Criminal Procedure; and the Bharatiya Sakshya Sanhita, replacing the Indian Evidence Act, have raised alarm due to certain aspects highlighted by the petitioner. The petition emphasizes the need for an expert committee to conduct a comprehensive examination of the newly assented bills, pointing out several perceived shortcomings in the legislation.

One of the key issues raised is that the initial drafts of these bills were withdrawn and then redrafted with minor modifications before being passed in Parliament. The petitioner argues that these bills were cleared without adequate discussion, especially in the context of the suspension of several Members of Parliament following a security breach.

The PIL underscores concerns about the procedural integrity of the enacted laws. It argues for the establishment of a committee, proposed to be led by a former Supreme Court judge and comprising other judges and senior advocates, to scrutinize the feasibility, effectiveness, and constitutional validity of the new criminal laws.

The petitioner contends that the rapid validation of these laws is fraught with various flaws and lacks a solid foundation, necessitating immediate judicial intervention. The petition stresses the importance of ensuring that the legal framework governing criminal procedures and evidence is just, efficient, and aligns with the principles enshrined in the Indian Constitution.

As this PIL gains traction and recognition, it brings into focus the judicial scrutiny of legislative procedures and the quest to uphold the coherence and integrity of India's criminal and judicial systems. The Supreme Court is expected to meticulously examine the petition and the arguments presented, determining the appropriate course of action in response to these significant calls for judicial review and intervention.

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