Supreme Court Directs Madras High Court for Expedited Hearing on New Criminal Laws

The Supreme Court of India has requested the Madras High Court to expedite hearings on several writ petitions challenging the constitutional validity of three newly enacted criminal statutes — the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA).

Supreme Court’s Directions

A bench comprising Justices Surya Kant, Joymalya Bagchi, and Vipul M. Pancholi emphasized the importance of the issues involved and asked the Chief Justice of Madras High Court to constitute a Division Bench to hear all related matters on a priority basis, including early or out-of-turn hearing.

Petition and Transfer Request

The Supreme Court is currently considering a petition filed by the Federation of Bar Associations of Tamil Nadu and Pondicherry, seeking transfer of the cases from the Madras High Court to itself. However, the bench noted the advantage of the High Court’s opinion on these matters and encouraged assistance to the High Court in the pending writ petitions.

Key Provisions Challenged

The petitions challenge several provisions of the new laws, including:

• BNSS Sections 43(3): Handcuffing

• Section 107: Attachment and forfeiture of property

• Section 223: Non-cognizance of complaint without hearing the accused

• Section 356: Trial in the absence of the accused

Additionally, concerns were raised about safeguards for persons accused of organized crimes.

Madras High Court’s Earlier Observations

Earlier, the Madras High Court questioned the rationale behind the Central Government’s repeal of existing criminal laws such as the IPC, CrPC, and the Evidence Act, suggesting amendments could have sufficed instead of a wholesale change.

Supreme Court’s Remarks

Justice Surya Kant underscored that the question at hand is purely one of constitutional validity and not case-specific facts. The Supreme Court also disposed of two petitions on these laws but reserved the right for fresh, comprehensive challenges.

Case Title: Federation of Bar Associations of Tamil Nadu and Puducherry v. Union of India and Ors.