Supreme Court Asked to Review New Criminal Laws in India

A public interest litigation has been filed in the Supreme Court of India against three newly amended criminal laws: Bharatiya Nyaya Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023, and Bharatiya Nagarik Suraksha (Second) Sanhita, 2023.

The petitioners, Anjali Patel and Chhaya, have urged the court to form an expert committee to assess the viability of these laws. They argue that the new laws have many defects and discrepancies and seek a stay on their implementation.

The plea highlights that the new laws aim to overhaul the country’s criminal laws, replacing the Indian Penal Code of 1860, the Code of Criminal Procedure, and the Indian Evidence Act of 1872. The Bharatiya Nyaya Sanhita retains most offences from the Indian Penal Code but adds community service as a punishment and removes sedition as an offence. It also introduces new offences like terrorism and organized crime.

The petitioners also point out that the new laws allow up to 15 days of police custody, which can be authorized in parts during the initial 40 or 60 days of judicial custody. This could lead to denial of bail for the entire period if the police have not exhausted the 15 days of custody.

Additionally, the plea mentions irregularities in the passing of the Bills in Parliament, noting that many members were suspended, leading to a lack of debate and challenges to the Bills.