Tomorrow, the Supreme Court will hear a petition opposing new criminal laws that Parliament has passed.
The Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita, and the Bharatiya Sakshya (Second) Bill were three important pieces of legislation that the Lok Sabha enacted on December 21 of last year. On December 25, President Droupadi Murmu approved the laws.
A petition against the passage of three new laws that attempt to modernize India’s penal codes on the grounds that they have several “defects and discrepancies” is set to be heard by the Supreme Court on Monday.
The case is likely to be heard by a vacation bench consisting of Justices Bela M. Trivedi and Pankaj Mithal.
The Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita, and the Bharatiya Sakshya (Second) Bill were three important pieces of legislation that the Lok Sabha enacted on December 21 of last year. Droupad Murmu, the president.
The Indian Criminal Procedure Code (CrPC), the Indian Evidence Act, and the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Act will be replaced, respectively, by these new laws.
Advocate Vishal Tiwari filed a PIL seeking a stay on the three new laws’ implementation, claiming that because the majority of the opposition members were suspended, there was no parliamentary debate before the bills were passed.
The plea has asked the court to give immediate instructions for the formation of an expert committee to evaluate the three new criminal laws’ feasibility.The new criminal laws are much more harsh, creating a police state in practice and violating every one of the Indian people’s fundamental rights. In case the Indian laws were deemed oppressive and colonial during the British era, it is worth noting that during that time, an individual may be detained by the police for a maximum of 15 days. The plea has stated that “the shocking provision enabling police torture is the extension of 15 days to 90 days and more.”\
Under a new version of the sedition statute, the Bharatiya Nyaya Sanhita includes offenses like secession, armed rebellion, subversive actions, separatist activities, and jeopardizing the sovereignty or unity of the nation.
As per the recently enacted laws, an individual who intentionally or knowingly incites or attempts to incite secession, armed rebellion, or subversive activities through verbal or written expressions, signs, visual representation, electronic communication, financial means, or any other means, or who encourages separatist sentiments or endangers the sovereignty, unity, and integrity of India, may face life imprisonment or a maximum of seven years in prison, in addition to a fine.Sedition is covered under IPC section 124A, which carries a life sentence or a three-year prison sentence as punishment for those found guilty. The reference to the British crown has been removed from “Rajdroh” and replaced with the title “Deshdroh” under the new legislation. In a loose sense, “Deshdroh” denotes such activities against the country, whereas “Rajdroh” refers to a rebellion or an act against the monarch.The Bharatiya Nyaya Sanhita also defines the word “terrorism” for the first time. The IPC did not have it. Both the magistrate’s authority to declare an offender declared and his or her ability to impose fines have been expanded by the new laws.
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