Supreme Court dismisses PIL challenging three New Criminal Laws

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The Supreme Court of India today dismissed a PIL challenging three criminal laws passed in December last year to replace British era Indian Penal Code, Criminal Procedure Code and Indian Evidence Act, due to various "defects and discrepancies".

"What is your locus to challenge these laws? They are not even in force...", CJI DY Chandrachud led bench saying while dismissing the same.

In December 2023, Centre had introduced a fresh set of draft legislations to replace the existing criminal laws after incorporating recommendations of a parliamentary panel set up in the Lok Sabha.

Home Minister Amit Shah withdrew the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Bill, 2023 and then introduced 'The Bharatiya Nyaya (Second) Sanhita, 2023', 'The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023' and 'The Bharatiya Sakshya (Second) Bill, 2023', which are to replace the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act respectively.

In August, the Union Government had proposed three new bills in the Lok Sabha, replacing the Indian Penal Code, 1860, Criminal Procedure Code, 1973 and the Indian Evidence Act, 1872.

Noatbly, there is another PIL which has been filed seeking a direction to constitute an expert committee under the chairmanship of former judge of the top court to examine and assess the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagrik Suraksha Sanhita 2023 and Bharatiya Sakshya Adhiniyam 2023.

Case Title: T SIVAGNANASAMBANDAN vs. Secretary, MINISTRY OF LAW & JUSTICE