Plea filed in Supreme Court seeking stay on revamped criminal laws

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.

New Delhi: A plea has been filed in the Supreme Court seeking a direction to the Centre to stay the operation and implementation of the three new criminal laws—Bharatiya Nyaya Sanhita 2023, Bharatiya Nagrik Suraksha Sanhita 2023 and Bharatiya Sakshya Adhiniyam 2023.

The plea filed by advocate Vishal Tiwari seeks directions to immediately constitute an expert committee under the chairmanship of a former judge of the apex court to examine, assess, and identify the viability of the three new criminal laws.

The petitioner said the new criminal laws do not bring any new change from the previous ones, except a few, but create confusion among citizen, provide more power to the police, and suppress citizens' fundamental rights.

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

While questioning validity of the three laws on several grounds, the petitioner said the introduction of new criminal laws 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 gave assent to the three new criminal laws last month.

The Ministry of Law and Justice, on December 25, 2023 notified the three Acts in its gazette. It is soon expected to notify the date on which these codes will come into effect.

The President’s assent was granted after Lok Sabha cleared the three bills on December 20 followed by the Rajya Sabha on December 21.