On Monday (26th February): The Supreme Court has rejected a Public Interest Litigation (PIL) that contested three new criminal laws, highlighting that they have not yet been implemented. Scheduled to take effect on July 1, the new laws include the Bharatiya Nyaya Sanhita (replacing IPC), the Bharatiya Nagarik Suraksha Sanhita (replacing CrPC), and the Bharatiya Sakshya Bill (replacing the Evidence Act).
NEW DELHI: On Monday (26th February): The Supreme Court of India, led by Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, dismissed a Public Interest Litigation (PIL) that sought to challenge the introduction of three new criminal laws. These laws, intended to overule the Indian Penal Code, the Indian Evidence Act, and the Code of Criminal Procedure, have not yet been implemented, leading the Court to question the petitioner’s standing in this matter.
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Chief Justice DY Chandrachud, addressing the petitioner, who appeared virtually, remarked,
“What is your locus to challenge the three new criminal laws? They are not even in force. Dismissed.” This statement underscores the Court’s stance on the premature nature of the challenge.
The laws in question, namely the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam, aim to replace their colonial-era counterparts. Despite their passage by Parliament on December 21, 2023, and receiving presidential assent on December 25, 2023, their enforcement awaits a formal notification by the Union Government, slated for July 1, 2024.
Notably, 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.
One notable provision within the Bharatiya Nyaya Sanhita, specifically sub-section (2) of Section 106, which deals with “causing death of a person by rash and negligent driving of a vehicle,” has been temporarily suspended. This particular clause had sparked protests across various regions, as it proposed to extend the maximum imprisonment to ten years for individuals who flee the scene of an accident without reporting to the authorities.
The petition, initiated by Chennai resident T Sivagnanasambandan on January 6, 2024, was aimed at these new statutes well before their official notification. The Supreme Court’s dismissal of this petition highlights the judiciary’s perspective on addressing legal challenges to laws that are yet to be enacted.
