A Supreme Court public interest litigation (PIL) challenges the validity of three new criminal law amendment Acts – Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, filed by Vishal Tiwari against the Union of India and others.
The Acts are designed to replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, intending to revamp India’s criminal justice system. Although passed by the parliament during the previous winter session and receiving the President’s assent on December 25, the laws are yet to be enforced as the rules await formulation.
The petitioner, Vishal Tiwari, argues that the laws exhibit numerous flaws and discrepancies while neglecting recommendations put forth by the Law Commission.
All three criminal laws were passed and enacted without any parliamentary debate as unfortunately most of the Members were under suspension during the period … the title of these proposed bills does not speak about the statute and its motive but the present names of Acts are ambiguous in nature,
The Petitioner Submitted
The Bharatiya Nyaya Sanhita, as per contentions, preserves most offenses outlined in the Indian Penal Code of 1860. Additionally, the new Code of Criminal Procedure (CrPC) is argued to pose challenges in obtaining bail while in police custody.
Originally introduced in the Lok Sabha on August 11, 2023, these three laws underwent further examination by a parliamentary committee led by Brij Lal. Eventually, they secured passage in the Lok Sabha on December 20, followed by approval in the Rajya Sabha on December 21.
