The three bills, which received President Droupadi Murmu’s assent on December 25, represent significant changes to India’s criminal law framework.
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A recent Public Interest Litigation (PIL) filed in the Supreme Court has brought into focus the three new criminal code bills passed by the Indian Parliament, raising concerns about their potential impact on the legal system and the powers granted to the police.
Overview of the New Criminal Code Laws
The three bills, which received President Droupadi Murmu’s assent on December 25, represent significant changes to India’s criminal law framework. The Bharatiya Nyaya Sanhita replaced the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita took the place of the Code of Criminal Procedure, and the Bharatiya Sakshya Sanhita substituted the Indian Evidence Act. These new Acts mark a substantial overhaul of the criminal justice system in India.
Concerns Raised in the PIL
The PIL, filed by Advocate Vishal Tiwari, seeks a stay on the implementation of these new Acts. The petition highlights several defects and discrepancies in the laws and expresses concern over the manner in which they were passed. According to the petition, the bills were initially withdrawn, redrafted with some changes, and then passed in Parliament without substantial debate, as most Members of Parliament were under suspension at the time.
Call for an Expert Committee
Advocate Tiwari’s petition calls for the constitution of an expert committee to examine the three criminal laws thoroughly. The proposed committee, as suggested in the PIL, should be chaired by a former judge of the Supreme Court and include members comprising judges, senior advocates, and jurists. The primary objective of this committee would be to assess the viability and implications of the new criminal laws.
Implications of the PIL
The filing of this PIL underscores the ongoing debate and scrutiny surrounding legislative reforms in India, particularly those that affect the criminal justice system. The concerns raised about the potential increase in police powers and the process of enacting these laws highlight the need for careful consideration and discussion in legal reforms. The Supreme Court’s response to this PIL will be closely watched, as it will have significant implications for the future of criminal law in India.
Conclusion
The challenge to the new criminal code laws in the Supreme Court through a Public Interest Litigation reflects the dynamic and evolving nature of legal discourse in India. It underscores the importance of transparency, thorough deliberation, and expert input in the process of legal reform, especially when such reforms have far-reaching consequences on the justice system and civil liberties.