26 Feb 2024 7:37 AM GMT
The Supreme Court on Monday (February 26) dismissed a PIL challenging the new criminal laws enacted by the Parliament to replace the Indian Penal Code, the Indian Evidence Act and the Code of Criminal Procedure.
The bench led by the Chief Justice of India noted that the laws were not in force, and asked what was the locus of the petitioner, who was appearing virtually as a party-in-person.
"What is your locus to challenge the three new criminal laws? They are not even in force. Dismissed", CJI DY Chandrachud said. The petition was filed by a Chennai resident named T Sivagnanasambandan. Notably, the petition was filed on January 6, 2024, much before the laws were notified.
It may be noted that on February 24, the Union Government notified that the new laws will come into force from July 1, 2024.
The laws, viz. Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam are set to replace the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act respectively. However, the date from which the provisions of the new laws shall take effect is yet to be notified.
These laws, which repeal and replace the Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act respectively, were passed by the Parliament on December 21, 2023. They received the assent of the President on December 25, 2023. However, the statutes mentioned that they will come into force only from the date appointed by the Union Government.
T SIVAGNANASAMBANDAN v. MINISTRY OF LAW & JUSTICE W.P.(C) No. 53/2024