Plea in Supreme Court against some provisions in new criminal laws
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.
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