SC junks plea questioning validity of new criminal laws
The Supreme Court on Monday dismissed a petition challenging the validity of three new criminal laws, stating that the petition was filed in a "very casual and cavalier manner." The bench, comprising justices Bela M Trivedi and Pankaj Mithal, noted that these laws were yet to be implemented. Advocate Vishal Tiwari, who represented himself, withdrew his petition following the court's response.
Petition questions legality of new criminal laws
Tiwari filed the petition in January, challenging the legality of Bharatiya Nyaya Sanhita 2023, Bharatiya Nagrik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023. He argued that these laws fail to protect citizens' rights and uphold colonial-era practices. Tiwari claimed they were passed without parliamentary debate and allegedly lack provisions for a fair trial and protection against police overreach.
New laws to replace existing criminal codes
The three new laws are set to replace the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act from July 1. Tiwari argued that these laws maintain a "police state" similar to colonial times and called for an expert committee to assess their viability. He claimed these laws lack provisions for a fair trial and protection against police overreach.
Union Home Minister defends new criminal laws
Union Home Minister Amit Shah stated in an interview with Hindustan Times that the focus of these new criminal laws is justice rather than punishment. He added that they aim to build a modern justice system flexible enough to accommodate future technological developments. Shah also mentioned that timelines have been added in 35 sections of the legislation to deliver justice within three years.
New laws introduce community service, increase police custody
The Bharatiya Nyaya Sanhita retains most offences but introduces community service as a form of punishment and includes a new offence for acts endangering India's sovereignty, unity, and integrity. The Bharatiya Nagarik Suraksha Sanhita 2023 allows for up to 15 days of police custody, which can be authorised incrementally during the initial 40 or 60 days of judicial custody. Tiwari expressed concerns over this provision.
