Supreme Court declines to entertain a PIL challenging the validity of three New Criminal Laws



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Today (May 20, 2024), the Supreme Court (SC) declined to entertain a PIL (Public Interest Litigation) challenging the validity of three new criminal laws, Bharatiya Nyaya Sanhita, 2023Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023, introduced to replace the Indian Penal Code, 1860, The Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872, respectively. These new criminal laws will come into effect from July 01, 2024. The vacation bench constituting Justice Pankaj Mithal and Justice Bela M Trivedi heard the matter today. The bench dismissed the petition and said “Your petition was filed in a casual, cavalier manner.” It added, “If you had argued more, we would have dismissed it with cost but since you are not arguing, we are not imposing cost.” Advocate Vishal Tiwari filed the petition and claimed that “The new criminal laws are far more draconian and establish a 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 stands 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.” After hearing the matter, the SC expressed its disinclination to entertain the PIL and asked Advocate Tiwari “Laws are not in force. How can you file such pleas drafted in a casual manner.” Therefore, Advocate chose to withdraw the petition, and the same was dismissed as withdrawn.