Supreme Court refuses to entertain plea for stay on new criminal laws

NEW DELHI: The Supreme Court on Monday refused to consider a plea for a direction to the Centre to stay the operation and implementation of three new criminal laws Bharatiya Nyaya Sanhita 2023, Bharatiya Nagrik Suraksha Sanhita 2023 and Bharatiya Sakshya Adhiniyam 2023, replacing Indian Penal Code, Criminal Procedure Code and Indian Evidence Act respectively.

A vacation bench of Justices Bela M Trivedi and Rajesh Bindal said the new Acts have yet not been implemented and the petition has been drafted and filed in casual and cavalier manner.

Petitioner-advocate Vishal Tiwari, who appeared in person, sought to withdraw the plea, which was allowed by the court.

At the outset, the bench expressed its inclination to dismiss the plea.

Petitioner sought to make a representation to the Union government. The court also declined this request.

Tiwari sought directions to immediately constitute an expert committee under the chairmanship of former judge of Supreme Court to examine, assess, identify the viability of three new criminal laws. The petitioner said new criminal law do not bring any new changes from the previous ones, except a few, but create confusion among citizen and provide more power to police and supress the fundamental rights.

The petitioner claimed that there were irregularities in passage of the three laws as not much debate and discussion took place due to suspension of several MPs from Parliament.

Besides questioning validity of the three laws on several grounds, the petitioner said the introduction of new criminal bills may bring about complex legal provisions, ambiguous language, or intricate procedural requirements.

"Lawyers may face challenges in interpreting and navigating these complexities, potentially leading to delays and legal uncertainties," his plea said.

It also stated compliance with new criminal bills may lead to increased operational costs for law firms, including investments in legal technology, research tools, and specialised expertise required to effectively handle cases under the revised legal framework.

"It is important to note that these problems are potential challenges that lawyers may encounter with the introduction of new criminal bills, and the specific impacts can vary based on the nature and scope of the legislation," it said.

President Droupadi Murmu has in December, 2023 given assent to the three new criminal laws, passed by Parliament. The codes are to come into effect from July 1, 2024.