Supreme Court Weighs in on New Criminal Laws and Citizen Safety

The Supreme Court of India, while hearing a petition challenging provisions in the new Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Nyaya Sanhita (BNS), emphasized the importance of giving the new criminal laws a chance to function. The laws, which replaced the Indian Penal Code and Code of Criminal Procedure, came into effect on July 1, 2023, and are aimed at addressing issues like organized crime. Petitioners, led by senior advocate Menaka Guruswamy, argued that the new laws removed vital procedural safeguards that protect citizens from arbitrary arrests, especially in the case of organized crime.

Justice Surya Kant, however, highlighted that citizens have the right to live free of crime, citing various societal issues such as violence, road rage, child abductions, and cybercrime. He questioned whether the new law, designed to control such crimes, should not be given an opportunity to address these growing issues. While the petitioners expressed concern over the potential for abuse, Justice Kant pointed out the need for stringent laws to combat criminal activities, invoking examples from other countries like the United States, where penalties for minor offenses, like traffic violations, are enforced more strictly. The petition raised broader questions about the balance between ensuring safety and protecting individual rights, with the court considering whether the changes would help reduce crime or infringe on constitutional guarantees.