PIL Filed in Supreme Court Challenges New Criminal Laws.

A recent Public Interest Litigation (PIL) has been lodged with the Supreme Court, contesting the enforcement of three newly enacted criminal statutes that replace the archaic IPC, CrPC, and Evidence Act.

Background and Legal Challenge:-

Previously, the Supreme Court had declined a similar PIL in May, deeming it unsuitable for consideration. However, a fresh plea has now been submitted by advocate Sanjeev Malhotra. This new petition urgently calls for the establishment of an expert committee to evaluate and ascertain the practicality of these laws.

Examination of New Laws:-

The plea highlights significant aspects of the three new laws: Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA).

Bharatiya Nyaya Sanhita (BNS):-

BNS largely retains offenses from the erstwhile IPC but introduces community service as a punitive measure. Notably, sedition is no longer criminalized; instead, a new offense addresses actions jeopardizing India’s sovereignty, unity, and integrity. Additionally, terrorism is explicitly classified as an offense under this law.

Bharatiya Nagarik Suraksha Sanhita (BNSS):-

Introduced in 2023, BNSS permits up to 15 days of police custody, which can be split across the initial 40 or 60 days of judicial custody. Concerns raised suggest that prolonged police custody may unjustly deny bail, potentially exposing marginalized individuals to custodial abuses.

Bharatiya Sakshya Adhiniyam (BSA):-

BSA, also enacted in 2023, largely mirrors the provisions of the Indian Evidence Act of 1872, encompassing regulations on confessions, factual relevance, and the burden of proof.

Parliamentary and Judicial Concerns

The PIL further argues irregularities in the passage of these laws through Parliament, highlighting the suspension of numerous MPs during their enactment. Former Chief Justice of India, NV Ramana, has publicly expressed apprehensions about passing legislation without thorough parliamentary debate, citing potential ambiguities and subsequent legal disputes.

Legal Community Response

In response to the introduction of these laws, the Bar Council of India has urged all Bar associations nationwide to abstain from any form of protest. Instead, they plan to engage in constructive dialogues with the Union Government to address the legal fraternity's concerns.

Conclusion

The PIL before the Supreme Court underscores the legal and procedural challenges surrounding the implementation of the new criminal laws. It calls for judicial intervention to ensure comprehensive evaluation and scrutiny of these legislative changes.

By addressing these critical aspects, the judiciary can uphold the principles of justice and constitutional integrity amidst evolving legal frameworks.

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