PIL in Supreme Court seeks stay on new criminal laws; demands panel to examine viability

Tribune News Service

Satya Prakash

New Delhi, June 28

A PIL has been filed in the Supreme Court demanding immediate setting up of an expert panel to examine the viability of the three new criminal laws which are to be implemented from July 1.

Passed by Parliament in December 2023 during the Winter Session, the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam will replace the Indian Penal Code 1860, the Code of Criminal Procedure 1973 and the Indian Evidence Act 1872, respectively. President Droupadi Murmu’ had given her assent on December 25, 2023.

The petitioner Anjale Patel and others have also sought a stay on the implementation of three new criminal laws on the ground that the new criminal laws would necessitate changes in court procedures, filing requirements and evidentiary standards, potentially requiring lawyers to adapt to revised court practices and rules of evidence.

The Supreme Court had on May 20 refused to entertain a PIL filed by advocate Vishal Tiwari challenging the newly enacted criminal laws, saying “The petition is drafted in a casual manner.”

Chief Justice of India DY Chandrachud had on April 20 hailed the newly enacted three criminal laws as a “watershed moment”, saying these laws have transitioned India’s legal framework on criminal justice into the new age.

“These laws signify a watershed moment for our society because no law affects the day-to-day conduct of our society like the criminal law,” CJI Chandrachud had said, addressing a conference on ‘India’s Progressive Path in the Administration of Criminal Justice System’ here.

However, the petitioners contended that the introduction of new criminal laws can potentially impact lawyers, posing a range of challenges, including increased workload on account of complex legal provisions, ambiguous language and intricate procedural requirements, potentially leading to delays and legal uncertainties.

They submitted that lawyers would need to invest additional time and resources to stay abreast of the new criminal laws, necessitating continuing legal education and training to ensure competence in handling cases under the new legal framework.

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