CJI DY Chandrachud’s Silence on New Criminal Laws Sparks Debate

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Today, on July 02, Chief Justice of India, DY Chandrachud, refrained from commenting on the three new Criminal Acts that came into effect on July 1, 2024. The CJI mentioned that the issues regarding these laws are sub-judice, hence he opted not to discuss them. During the Foundation Stone-Laying Ceremony for the construction of three Court buildings at Karkardooma, Shastri Park, and Rohini, a question related to the new Acts was posed to him, to which he responded by stating, “These are issues which are sub-judice before the Supreme Court, maybe possibly the other high courts. Therefore, I should not be speaking on anything likely to come up before the court.” The new laws – Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA) have replaced the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, respectively, effective from July 1, 2024.

A recent Public Interest Litigation (PIL) has been filed before the Supreme Court, seeking directions to establish an expert committee to evaluate these criminal laws’ viability. The Supreme Court had previously dismissed a PIL challenging the new laws, asserting that they were not in force. CJI Chandrachud had expressed earlier that the success of these laws hinges on the necessary investments in infrastructure development and capacity building for forensic experts and investigating officers. The CJI’s reluctance to speak on the laws amid ongoing litigation has sparked a debate on the implications and efficacy of the new criminal statutes.