Today, On 2nd July, The Chief Justice of India declined to comment on new criminal laws, citing potential future sub judice matters. This suggests an expectation of numerous legal challenges against these laws and their specific provisions in the courts ahead.
New Delhi: Chief Justice of India DY Chandrachud declined to comment on the implementation of three new criminal laws starting July 1, stating that the matter would likely be sub judice in the future.
Three new criminal laws replaced the British-era penal statutes in India, generating a range of reactions from the legal community.
These law are the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA) introduced to update and modernize the criminal justice system, replacing the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, respectively.
When asked about the introduction of these laws, the CJI emphasized,
“That is unrelated to the purpose of my current engagement and as you’re aware, these matters are pending before the Supreme Court and possibly other High Courts. Therefore, I should refrain from discussing anything that may come before the courts.”
Acting Chief Justice of Delhi High Court Justice Manmohan also expressed similar sentiments, stating,
“It would be inappropriate to comment because many cases involving these laws will likely be sub judice before me.”
This suggests that there will likely be a surge in litigation challenging the new criminal laws and their specific provisions in the days ahead.
Effective from July 1, the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) have come into effect. Compared to the Indian Penal Code (IPC) with 511 sections, the BNS has 358.
Similarly, the Criminal Procedure Code (CrPC) had 484 sections, whereas the BNSS has 531. The Indian Evidence Act had 166 sections, while the BSA has 170.
These reforms signal a pivotal shift towards a more responsive and equitable criminal justice system in India, addressing contemporary societal needs and evolving criminal challenges.
The newly enacted legislation will supersede the British-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act.
CJI’s refusal to comment on the new criminal laws highlights the anticipated legal challenges these laws will face and reaffirms the judiciary’s dedication to impartiality and judicial propriety. This approach is essential to maintaining public trust in the judicial system and ensuring that all laws are subject to fair and unbiased review.