The Supreme Court on Monday dismissed a Public Interest Litigation (PIL) challenging the new criminal laws, the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam enacted by the Parliament to replace the Indian Penal Code, the Indian Evidence Act and the Code of Criminal Procedure.
The Bench of Chief Justice of India DY Chandrachud, Justice J B Pardiwala and Justice Manoj Misra asked the locus of the petitioner to challenge the new laws.The petitioner took part in the proceedings virtually.
Dismissing the petition, the Chief Justice of India remarked that the new laws are not even in force. Reportedly, the petition was filed on January 6, 2024 by a Chennai resident named T Sivagnansambandam, much before the laws were notified. Notably, the central government on February 24, notified that the new criminal laws will come into force on July 1, 2024.
The criminal laws namely Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam are set to replace the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act respectively. Nonetheless, the date from which the provisions of the new laws shall take effect is yet to be notified.
These aforesaid laws, which repeal and replace the Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act respectively, were passed by the Parliament on December 21, 2023. The laws received the assent of the President on December 25, 2023.
Reportedly, the sub-section (2) of Section 106 of the Bharatiya Nyaya Sanhita, which concerns causing death of a person by rash and negligent driving of a vehicle, has been put on hold for now. The provision had invited protests in many parts of the country. The said provision had increased the maximum prison sentence to ten years for those involved in such offences, who end up fleeing the scene of the crime, instead of reporting to the police or Magistrate.