On Monday, May 20, Supreme Court of India dismissed a Public Interest Litigation (PIL) challenging the constitutional validity of the three new criminal laws. The apex court refused to entertain a petition that challenged the validity of three new criminal laws. The petition argued that the new criminal laws perpetuate colonial-era practices and fail to safeguard citizen rights.
The PIL, which was filed in January 2024, sought setting up an expert panel under the chairmanship of a former judge of the Supreme Court to examine, assess and identify the viability of the three new laws. It also asked the Supreme Court to stay the implementation and operation of the law.
The bench of Justices Bela M Trivedi and Pankaj Mithal noted that the petition was filed in a “very casual and cavalier manner”. According to the plea, the title of the present laws being Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and Bharatiya Sakshya Adhiniyam are not accurate as per the principles of interpretation of statutes as it does not speak of what the laws are about and their motive.
The three bills were first introduced in Lok Sabha on August 11, 2023, as Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Bill before being referred to a parliamentary committee headed by Brij Lal for further examination.
They were passed by the Lok Sabha on December 20 before being passed by the Rajya Sabha on December 21. The three new criminal code bills became laws after getting assent from President Draupadi Murmu on December 25.
The Union Home Ministry issued a gazette notification to this effect on February 23, 2023. The central government had announced that the three criminal laws replacing the colonial-era Indian Penal Code, Code of Criminal Procedure and Indian Evidence Act of 1872 will come into effect from July 1, 2024.
