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SC rejects petition for forming expert committee to review three new criminal laws

THE JHARKHAND STORY DESK   New Delhi, May 20: The Supreme Court on Monday declined to consider a petition requesting instructions to…

SC rejects petition for forming expert committee to review three new criminal laws

THE JHARKHAND STORY DESK

 

New Delhi, May 20: The Supreme Court on Monday declined to consider a petition requesting instructions to establish an expert committee to evaluate the feasibility of the three new criminal laws: the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagrik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023.

A bench comprising justices Bela M Trivedi and Pankaj Mithal declined to consider the petition submitted by advocate Vishal Tiwari.

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Advocate Tiwari opted to withdraw the plea after the court was unconvinced to proceed with the petition.

The court also remarked that the petition was filed with a lack of seriousness or formality.

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“The petition has been filed in a very casual and cavalier manner,” the court stated.

“If you had argued more, we would have dismissed it with cost but since you are not arguing, we are not imposing cost”, the bench added.

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PIL stated bills passed without Parliamentary debate

The PIL filed by lawyer Vishal Tiwari, seeking a stay on the implementation of the three new laws, said that these bills were passed without any debate in Parliament because most of the opposition members were suspended.

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In the petition, the court was requested to direct to immediately constitute an expert committee, which will assess the feasibility of the three new criminal laws.

President gave assent on 25 December

The Lok Sabha had passed three major laws on December 21 last year – the Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita and the Bharatiya Sakshya (Second) Bill.

President Draupadi Murmu had given his approval to these bills on 25 December.

These new laws will replace the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and the Indian Evidence Act respectively.

Three new criminal laws to come into effect from July 1

Three new criminal laws will come into effect from July 1, 2024. Modi government had issued a notification related to this on 24 February 2024.

Now Bharatiya Nyaya (Second) Sanhita will be implemented in place of Indian Penal Code (IPC), Bharatiya Nagarik Suraksha (Second) Sanhita will be implemented in place of Criminal Procedure Code (CrPC) and Bharatiya Sakshya (Second) Bill will be implemented in place of Evidence Act.

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Changes in various sections

It is said that after the implementation of the new law, there will be changes in the sections which had become the hallmark of crime.

For example, Section 302 of IPC, which is imposed for murder, will now be called Section 101. Section 420, which was imposed for fraud, will now be Section 316. Section 307 of attempt to murder will now be called Section 109. In this sequence, Section 376, which is imposed for rape, will now be called Section 63.

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