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Plea filed in Supreme Court to stay criminal laws

NEW DELHI: Within days of the passage three criminal laws, a lawyer has approached the Supreme Court, seeking a direction to the Centre to stay the operation and implementation of Bharatiya Nyaya Sanhita 2023, Bharatiya Nagrik Suraksha Sanhita 2023 and Bharatiya Sakshya Adhiniyam 2023. In a PIL, advocate Vishal Tiwari sought directions to immediately constitute an expert committee under the chairmanship of former judge of Supreme Court to examine, assess, identify the viability of three new criminal laws. The petitioner said new criminal law do not bring any new changes from the previous ones, except a few, but create confusion among citizen and provide more power to police and supress the fundamental rights.

 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. He cited a speech by former Chief Justice of India Justice N V Ramana expressing concern regarding enacting of laws without debate in Parliament.

Besides, questioning validity of the three laws on several grounds, the petitioner said the introduction of new criminal bills 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.”The main motive of the bills were to decolonise the indian laws, but in contrary the same laws are being repeated with no new explanations with additional powers granted to the police to rule people out of fear and depriving the fundamental rights,” the plea added.

President Droupadi Murmu has last month given assent to the three new criminal laws, which replaced British ear Indian Penal Code, Criminal Procedure Code and Indian Evidence Act. The Ministry of Law and Justice on December 25, 2023 notified the three Acts in gazette. The government is yet 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 and Rajya Sabha on December 21, 2023.

By Lawminds, ago

Population increasing, infrastructure at cremation sites developing at ‘snail’s pace’: Allahabad HC [Read Order]

The Allahabad High Court recently lamented over the deplorable condition of burial and cremation grounds for the growing population in the State. The bench reckoned the horrific situation which peaked during Covid19 pandemic – when proper cremation of the bodies of departed souls was impossible due to serious lack of infrastructure at cremation centres. “The population is increasing day by day but the infrastructure at the cremation sites are being developed at snail’s pace. It is very unfortunate that the common people struggle their whole life for getting proper amenities and even after their last breath
they are deprived of from getting proper cremation facilities. At this stage, we are striving to achieve one trillion economy but still unable to give proper facilities at the cremation centres”


The Court was hearing a plea which brought to light the shabby and dilapidated conditions of crematorium/ cremation sites across the State which lacked basic amenities and infrastructure. In response to the overall poor conditions of crematoriums in the state, the Court had issued an order on November 20, 2023, directing the Secretary of Nagar Vikas Government of UP to respond and provide information on the state government’s policies addressing the issue. Basis which, an affidavit was filed before the Court which stated that since Urban Local Body i.e. Municipalities/ Municipal Corporations are autonomous bodies, it is their duty to ensure the proper maintenance and empowered to take any action in respect of maintenance or to regulate such sites across the State in Gram Panchayats. Noting this, the Court asked for the Addl. Chief Secretary, Panchayati Raj, Government of U.P. as well as the Addl. Chief Secretary, Urban Development, Government of U.P. to be impleaded as parties in the matter.


The Court then directed the State authorities to take concrete steps in this regard. The Bench asked Additional Advocate General M.C. Chaturvedi to communicate this order to the respective officers. If required, the matter may even be placed before the Chief Secretary of the State so that proper solution of this problem may be evolved benefitting the public at large, the Bench said before parting with the order. The next hearing will be on January 18.

By Lawminds, ago