PIL challenging enactment of three New Criminal laws filed before the Supreme Court claiming it suffers various ‘defects and discrepancies’

The three new criminal laws, the Bharatiya Nyaya Sanhita, the Bharatiya Sakshya Sanhita, and the Bharatiya Nagarik Suraksha Sanhita are set to replace the Indian Penal Code, the Indian Evidence Act, and the Code of Criminal Procedure respectively. A PIL (Public Interest Litigation) has been filed by Advocate Vishal Tiwari before the Supreme Court (SC) against the enactment of three new criminal laws claiming that they suffered from various ‘defects and discrepancies’. These three new sets of laws were passed on December 21, 2023, by the Lok Sabha and President of India Droupadi Murmu gave assent to them on December 25, 2023. The PIL filed before the SC sought a stay on the implementation of three new laws as well as a direction to constitute an expert committee to examine the viability of the laws. The committee should be constituted under the chairmanship of a former Supreme Court judge. 

The petition argued that the Bills were passed without any proper parliamentary debate as well as it drew attention to issues concerning the enactment of laws without proper Parliamentary debates. It said, “Parliamentary debate is a fundamental part of democratic lawmaking…Debates and discussions are helpful to make necessary adjustments and amendments to a bill so that it can effectively fulfill its purpose. These can be helpful in Courts while interpreting laws.” Further, the plea also highlighted issues concerning the impact of the changed position on legal aid and resource constraints, it adds, “Lawyers may face challenges in interpreting and navigating these complexities, potentially leading to delays and legal uncertainties.”

Along with this, the plea also said that “The new criminal laws are far more draconian and establish police state in reality and violate every provision of fundamental rights of the people of India. If the British laws were considered colonial and draconian, then the Indian laws stand now far more draconian as in the British period you could keep a person in police custody for a maximum of 15 days. Extending 15 days to 90 days and more, is a shocking provision enabling police torture.”