Synopsis
A lawyer has filed a petition with the Supreme Court. The petition challenges new criminal laws. These laws replace colonial-era criminal codes. The petitioner argues these new laws grant excessive power to the police. This could lead to increased police brutality and arbitrary arrests. The petition also raises concerns about extended detention periods and the removal of safeguards against arrests. ANI Representative image A plea has been moved in the Supreme Court challenging constitutionality of some provisions in new criminal laws including the Bhartiya Nagrik Surakhsha Sanhita 2023.
The plea has been filed through advocate Vishal Tiwari, which oppose and challenge the constitutionality of some provisions in criminal laws passed in Lok Sabha on December 20, 2023.
In the petition, advocate Vishal Tiwari has urged the Supreme Court to consider his representation and and declare the Provisions/Section 187(2) (3), 43(3), 173 (3) and 85 of the Bhartiya Nagrik Surakhsha Sanhita 2023 as Ultra vires/ Unconstitutional being Violative of Article 21 of the Constitution of India.
Section 187(2) and 187(3) deals with the detention of the accused in the process of investigation. Section 43(3) of BNSS deals with use of handcuff while making the arrest of a person or while producing such a person before the court who is a habitual or repeat offender. Section 173(3) says that the investigating officer would conduct a preliminary inquiry before lodging the FIR within a period of 14 days.
“Issue writ of Mandamus or any other appropriate writs and direct the Judicial Courts through Registrars of the High Courts to remain Abide by the Directions Given in the case of Lalita Kumari versus State of Uttar Pradesh Writ Petition Criminal No. 68/2008 Judgement dated November 12, 2013 for the registration of First Information Report in Cognizable Offences,” the petitioner urged.
The petitioner said that with these new legislations in place, India is slowly approaching towards police state rather than being a welfare state and absolute powers are provided to police which will lead to police brutality, arbitrary arrest etc.
The petitioner further said that such element of law violates the basic structure doctrine and violates the fundamental rights
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