PIL in Supreme Court challenging 3 new criminal laws
Jan 01, 2024
New Delhi [India], January 1 : A PIL was filed in the Supreme Court on Monday challenging the three new criminal code Bills passed by Parliament that replaced the old British colonial era laws.
Recently, Parliament passed bills on Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Act to replace the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and the Indian Evidence Act (IEA).
On December 25, President Droupadi Murmu has given her assent to the three new criminal laws Bills and they became Acts.
The plea filed by advocate Vishal Tiwari sought the constitution of an expert committee under the Chairmanship of a former judge of the Supreme Court and its members comprising judges, senior advocates and jurists to examine the viability of the three criminal laws.
"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 plea said.
The petition sought a stay on the implementation of three Bills.
The petition further said that the three Bills were withdrawn, and redrafted bills were produced with some changes, which were passed in Parliament.
"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 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," the plea said.