New Delhi: The Supreme Court will hear a petition on Monday challenging the enactment of three new laws intended to overhaul India's penal codes, which the petition claims are fraught with "defects and discrepancies."
A vacation bench of Justices Bela M Trivedi and Pankaj Mithal is set to address the matter.
On December 21 last year, the Lok Sabha passed three significant legislations: the Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita, and the Bharatiya Sakshya (Second) Bill. These bills received President Droupadi Murmu's assent on December 25.
The new laws, namely the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Act, are designed to replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, respectively.
The Public Interest Litigation (PIL) filed by advocate Vishal Tiwari seeks a stay on the implementation of these laws, arguing they were enacted without adequate parliamentary debate as most opposition members were suspended at the time. The plea calls for the immediate constitution of an expert committee to assess the viability of the new criminal laws.
"The new criminal laws are far more draconian and establish a police state in reality and violate every provision of fundamental rights of the people of India. If the British laws were considered colonial and draconian, then the Indian laws stand now far more draconian as, in the British period, you could keep a person in police custody for a maximum of 15 days. Extending 15 days to 90 days and more is a shocking provision enabling police torture," the plea states.
The Bharatiya Nyaya Sanhita includes provisions for offences such as secession, armed rebellion, subversive activities, separatist activities, or actions that endanger the sovereignty or unity of the country, effectively updating the sedition law. The new laws state that anyone who, by words, spoken or written, signs, visible representation, electronic communication, financial means, or otherwise, purposely or knowingly excites or attempts to excite secession, armed rebellion, subversive activities, separatist activities, or actions that endanger the sovereignty or unity and integrity of India shall be punished with imprisonment for life or a term that may extend to seven years, and also be liable to a fine.
According to IPC section 124A, which addresses sedition, anyone involved in such acts may be punished with life imprisonment or a three-year jail term. Under the new laws, "Rajdroh" has been replaced with "Deshdroh," removing references to the British crown. "Rajdroh" refers to rebellion or acts against the ruler, while "Deshdroh" denotes acts against the nation.
Additionally, for the first time, the term "terrorism" has been defined in the Bharatiya Nyaya Sanhita, a definition absent in the IPC. The new laws also enhance the magistrate's power to impose fines and expand the scope for declaring a proclaimed offender.