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.

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 petition was filed by advocate Vishal Tiwari on the ground that the three new criminal laws were passed without any parliamentary debate as unfortunately most of the MPs belonging to the Opposition parties were under suspension during the period.

The petitioner has quoted an Independence Day speech delivered in 2021 by then Chief Justice of India N.V. Ramana on the Supreme Court premises wherein he expressed concern over the enactment of laws by Parliament without debate.

In the said address, Justice Ramana had said such enactments resulted in the ambiguity of the legislations, leading to multiple litigations in courts.

The petitioner has pleaded that in Parliament, the members debate bills before voting on them as it provides an opportunity for the MPs to represent the views of their constituents on the floor of the House and give voice to voters’ concerns.

“The parliamentary discussions and debates are paramount for legislative portrayal because it generates relationships between people and their representatives and also provides an opportunity to discuss government policy, proposed new laws and current issues. Debates and discussions are helpful to make necessary adjustments and amendments to a bill so that it can effectively fulfil its purpose. These can be helpful in courts while interpreting laws,” Tiwari pleaded while urging the court to constitute an expert committee to evaluate the validity of the new laws.

The petitioner also contended that the nomenclature of the new bills “are not accurate as per interpretation of Statutes…”

The petitioner has expressed concern that the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, allows up to 15 days of police custody, which can be authorised in parts during the initial 40 or 60 days of the 60- or 90-day period of judicial custody, thus gravely affecting the citizen’s personal liberty.