SC to Review PIL Challenging Three New Criminal Laws Today!

Today, the Supreme Court is scheduled to review a Public Interest Litigation (PIL) challenging the replacement of the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Evidence Act with three new criminal laws.

According to the cause list available on the apex court’s website, Justices Bela M Trivedi and Pankaj Mithal of the vacation bench will preside over the case on May 20. The petition contends that the Bharatiya Nyaya Sanhita, Bharatiya Sakshya Adhiniyam, and Bharatiya Nagarik Suraksha Sanhita exhibit “many defects and discrepancies”.

The plea, lodged by advocate Vishal Tiwari, contends that all three criminal laws were enacted without parliamentary debate due to the suspension of numerous members during that period. Additionally, the petitioner asserts that the titles of the laws do not accurately reflect their content or purpose according to the Interpretation of Statutes. Instead, they are deemed ambiguous and fail to provide clear insight into the statute and its objectives.

In a recent ruling, the Supreme Court called upon the legislature to review Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023, which mirror Section 498A of the IPC, 1860. The court emphasized the need for necessary revisions to these provisions, particularly concerning penalties for cruelty inflicted upon married women by their husbands and families.

It urged lawmakers to reconsider these sections in light of practical circumstances, highlighting their resemblance to existing legislation and advocating for a reevaluation of their efficacy.