GUWAHATI: A Public Interest Litigation (PIL) challenging three recent criminal law amendment acts has been filed before the Supreme Court.
The petitioner, Vishal Tiwari, has contested the constitutionality of the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, which are expected to replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, respectively.
The three legislative pieces, aimed at an overhaul of India's criminal justice system, were passed by the Parliament during its winter session the previous year and subsequently received the assent of the President of India on December 25.
However, despite being notified on the Rashtrapati Bhavan website, these laws are yet to come into force as the rules for their implementation are still pending publication in the Gazette of India.
Vishal Tiwari's petition raises several concerns, emphasising that the laws suffer from various defects and discrepancies while allegedly disregarding recommendations put forth by the Law Commission.
The petitioner contends that the lack of parliamentary debate during the passage of these laws, owing to the suspension of several Members, is a matter of serious concern.
Furthermore, Tiwari criticises the ambiguity in the titles of the acts, asserting that they fail to adequately convey the statute's purpose and motive.
Notably, the Bharatiya Nyaya Sanhita is reported to retain most offences from the IPC of 1860.
Tiwari argues that the new CrPC will make it challenging to secure bail during the period of police custody. The petitioner suggests that the legislation requires thorough scrutiny and that the alleged lack of debate and adherence to Law Commission recommendations necessitate a comprehensive review.
These three laws were initially introduced in the Lok Sabha on August 11, 2023, before being referred to a parliamentary committee headed by Brij Lal for further examination.
Despite concerns raised during the parliamentary committee's deliberations, the legislation was eventually passed by the Lok Sabha on December 20 and subsequently by the Rajya Sabha on December 21.
(Inputs from Bar & Bench)