SC trashes PIL against new criminal laws, set to come into effect from July 1

Supreme Court. File pic

The Supreme Court has trashed the Public Interest Litigation (PIL) against new criminal laws, Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Act, which will be rolled out across the country from from July 1, 2024, reported news wire PTI.

A PIL was filed before the Supreme Court, challenging the three new criminal laws which received President Droupadi Murmu's assent on December 25, 2023. The three laws got the Parliament's approval on December 21.

The petitioner claimed that there were irregularities in passage of the three laws as not much debate and discussion took place.

The newly enacted laws -- Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Act -- is set to completely overhaul the criminal justice system in the country, giving definitions of various offences and their punishments. The laws will replace the colonial-era Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act of 1872 respectively.

The government, however, has decided not to implement the provision related to cases of hit and run by a vehicle driver as promised to truckers who had protested against it.

"In exercise of the powers conferred by sub-section (2) of section 1 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the central government hereby appoints the 1st day of July, 2024 as the date on which the provisions of the said Sanhita, except the provision of sub-section (2) of section 106, shall come into force," the notifications issed by Union ministry said.

While replying to a debate on the three bills in Parliament, Union Home Minister Amit Shah had said the focus was on delivering justice rather than handing down the punishment.

For the first time, the word terrorism has been defined in the Bharatiya Nyaya Sanhita. It was absent in the IPC. The laws have given a clear definition of terrorism, abolished sedition as a crime and introduced a new section titled "offences against the state", PTI had reported. Under the new laws, 'Rajdroh' has got a new term 'Deshdroh', thus doing away with the reference to the British crown.

The Bharatiya Nyaya Sanhita lists offences such as acts of secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity in the new avatar of the sedition law.

Shah had said the three legislations were drafted after comprehensive consultations and that he had gone through every comma and full stop of the draft legislation before bringing them to the House for approval.

(With PTI inputs)