Supreme Court Challenge: New Criminal Laws Under Scrutiny

A plea has been filed in the Supreme Court contesting the constitutionality of sections in the Bhartiya Nagrik Surakhsha Sanhita 2023. Advocate Vishal Tiwari argues these laws grant excessive police powers, infringing on fundamental rights and moving towards a police state. Sections dealing with detention and arrest procedures are particularly contentious.

A challenge has been lodged in the Supreme Court, questioning the constitutionality of specific provisions within new criminal legislation, notably the Bhartiya Nagrik Surakhsha Sanhita 2023. The plea, filed by advocate Vishal Tiwari, opposes sections of criminal laws passed by the Lok Sabha on December 20, 2023.

Petitioner Tiwari urges the court to declare sections 187(2), 187(3), 43(3), 173(3), and 85 of the Bhartiya Nagrik Surakhsha Sanhita 2023 as unconstitutional, arguing they violate Article 21 of India's Constitution. These sections involve detention and arrest procedures, which the petitioner claims enable excessive police power, leading to potential rights infringements.

The plea highlights that the new laws, viewed as draconian, edge India closer to a police state. Tiwari criticizes the extension of detention periods from 15 to 90 days, citing risks of police brutality. Additionally, the absence of a specific provision on police custody deaths is a major concern, undermining prior CrPC Section 41-A protections.

(With inputs from agencies.)