Since BNS, BNSS Have Been Enacted, Allahabad High Court Disposes PIL Challenging Validity Of IPC, CrPC And Other Criminal Laws
Recently, the Allahabad High Court disposed of a public interest litigation wherein the petitioner sought a declaration that the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and other criminal laws were violative of Article 13 and 21 of the Constitution of India.Petitioner appearing in person argued that the laws were non-reformative and more punishment oriented.The...
Recently, the Allahabad High Court disposed of a public interest litigation wherein the petitioner sought a declaration that the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and other criminal laws were violative of Article 13 and 21 of the Constitution of India.
Petitioner appearing in person argued that the laws were non-reformative and more punishment oriented.
The bench comprising Chief Justice Arun Bhansali and Justice Vikas Budhwar held that since the old enactments had been replaced by the new criminal laws, i.e. Bhartiya Nyaya Sanhita (BNS) and Bhartiya Nagrik Suraksha Sanhita (BNSS), the petitioner can challenge them if any grievances remain.
“In view of the said amendment in law and new law having been introduced, the petitioner may go through the same and in case, his grievance still exists, he may take appropriate steps in accordance with law.”
Accordingly, the PIL was disposed of.
Case Title: Suraj Pal Singh v. Union Of India And Another 2024 LiveLaw (AB) 501 [CRIMINAL WRIT-PUBLIC INTEREST LITIGATION No. - 4 of 2024]
Case citation: 2024 LiveLaw (AB) 501