Supreme Court refuses to entertain PIL challenging 3 new criminal laws passed by Parliament

"The petition is drafted in a casual manner. The law has not come into force. How can you file such pleas drafted in a casual manner," the top court questioned Tiwari.
Representative Image.
Representative Image.

NEW DELHI: The Supreme Court's vacation bench on Monday refused to entertain a PIL filed by a lawyer, Vishal Tiwari, challenging the enactment of three new criminal laws that seek to overhaul Indian Penal Code (IPC), noting that the laws were yet to come into force.

The apex court went on to note that the PIL, filed by Tiwari on January 3, 2024, was done in a hurry, after the three new criminal laws received President Droupadi Murmu's assent on December 25, 2023.

A two-judge vacation bench of the top court, led by Justice Bela M Trivedi and Justice Pankaj Mithal, was not inclined to hear the PIL.

"The petition is drafted in a casual manner. The law has not come into force. How can you file such pleas drafted in a casual manner," the top court questioned Tiwari.

In February also, the bench led by CJI DY Chandrachud had dismissed a similar petition after noting that that the three new laws are yet to come into force.

The Lok Sabha, on December 21 last year, passed three key legislations -- the Bharatiya Nyaya (Second) Sanhita (BNS), the Bharatiya Nagarik Suraksha (Second) Sanhita (BNSS) and the Bharatiya Sakshya (Second) Act (BSA). President Droupadi Murmu had already given her assent to the bills on December 25, last year.

The three new laws -- BNS, BNSS and BSA -- replaced the old British colonial era -- the IPC, CrPC and IEA of 1872.

Tiwari claimed that the three new criminal laws suffer from many "defects and discrepancies".

A copy of the PIL, accessed by TNIE, sought directions from the SC to the Centre to immediately constitute an Expert committee under the Chairmanship of former judge of Supreme Court and its members comprising of judges, Senior advocates to examine the recent three new criminal laws.

Tiwari sought a direction from the Apex Court that the Expert committee should be directed to examine, assess, identify the viability of the three new criminal laws being BNS 2023, BNSS and BSA 2023.

It it to be noted that the Union government claimed that these three new criminal laws aim to provide better and clear definitions of the offences and punishments related to crimes and also better dispensation of justice to litigants.

Tiwari, however opposed it, and said that the three new criminal laws were passed and enacted without any parliamentary debate as unfortunately most of the members were under suspension during the period, the petition said.

Related Stories

No stories found.

X
The New Indian Express
www.newindianexpress.com