Earlier this year, a PIL has been filed in the Supreme Court seeking directions for the setting up of an expert committee to assess and identify the viability of the three new criminal laws.
New Delhi: In a significant development, the Supreme Court on Monday declined to entertain plea seeking directions for constituting an expert committee to examine, assess, identify the viability of the three new criminal laws including Bharatiya Nyaya Sanhita 2023.
Earlier this year, a PIL has been filed in the Supreme Court seeking directions for the setting up of an expert committee to assess and identify the viability of the three new criminal laws that were passed in the recently concluded winter session of Parliament.
After it was passed in the Parliament, the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam will replace the century-old Indian Penal Code 1860, Code of Criminal Procedure and the Indian Evidence Act, 1872.
The Ministry of Home Affairs (MHA) in February 2024 issued a notification regarding the three new criminal laws– Bharatiya Nyaya Sanhita 2023, Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023– and announced that these will come into force from July 1 this year.
The MHA made the announcement through three separate notifications declaring July 1 as the date on which the provisions of these acts will come into force.
As per one of the notifications issued by exercising the powers conferred by sub-section (2) of section 1 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the MHA declared it appoints the 1st day of July 2024 as the date on which the provisions of the Sanhita, “except the provision of sub-section (2) of section 106, shall come into force.”
Using similar powers conferred by sub-section (3) of section 1 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), the MHA appointed “the 1st day of July 2024 as the date on which the provisions of the Sanhita, except the provisions of the entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023, in the First Schedule, shall come into force.”
“In exercise of the powers conferred by sub-section (3) of section 1 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023), the Central Government hereby appoints the 1st day of July 2024 as the date on which the provisions of the said Adhiniyam, shall come into force,” reads another notification.
The move comes after President Droupadi Murmu gave her assent to these laws on December 25, days after the Parliament passed the three criminal bills — the Bharatiya Nyaya (Second) Sanhita Bill, the Bharatiya Nagarik Suraksha (Second) Sanhita Bill and the Bharatiya Sakshya (Second) Bill.
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