GUWAHATI: A public interest litigation (PIL) petition has been filed in the Supreme Court of India seeking stay on the implementation of the three new criminal laws - Bharatiya Nagarik Suraksha Sanhita, Bharatiya Nyaya Sanhita and Bharatiya Sakshya Adhiniyam.
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The PIL seeks the immediate constitution of an expert committee to assess the viability of the laws. The petition argues that the titles of the new laws are inaccurate and ambiguous, failing to reflect their statutes and motives clearly. It highlights discrepancies in the Acts, specifically noting that the BNS retains most offences from the IPC and defines petty organised crime, such as vehicle theft and pick pocketing, as offences. However, terms like "general feelings of insecurity," "gang," "anchor points," and "mobile organized crime groups" are not clearly defined.
The petition also raises concerns about the BNSS, which allows up to 15 days of police custody within the initial 40 or 60 days of judicial custody. This provision, according to the petitioners, may lead to denial of bail if the police do not exhaust the 15 days of custody. The petition cites the recent Supreme Court case of V. Senthil Balaji v. State, where the issue of extending police custody over the entire investigation period was referred to a larger bench.
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Additionally, the petition claims that the bills were passed without proper parliamentary debate, with many MPs under suspension at the time. This lack of debate has led to no scrutiny of the bills' elements. The petition references former Chief Justice of India NV Ramana's concern about the enactment of laws without adequate parliamentary debates.
Regarding the BSA, the petition states that while it provides for the admissibility of electronic records, it lacks safeguards to prevent tampering and contamination during the investigation process. It also notes that the BSA retains provisions for the admissibility of electronic records but does not require certification for them to be considered as documents.
The petitioners have requested the Supreme Court to issue a writ of mandamus to immediately establish an expert committee to assess the new laws and to stay their implementation until such an assessment is complete.
Previously, the Supreme Court had dismissed another PIL challenging the new criminal laws on May 19, stating that the petition was drafted casually and that the laws were not yet in force.