The Gauhati High Court has disposed of a public interest litigation (PIL) challenging the validity of sub-section (2) of Section 106 of the Bharatiya Nyaya Sanhita (BNS), 2023, since it had not come into force.
The Division Bench of Chief Justice Vijay Bishnoi and Justice Kaushik Goswami observed a Government of India notification has said the provision had not yet come into force. The notification specifically stated that the provisions of the BNS, except sub-section (2) of Section 106, would come into force from July 1, 2024.
In view of this, the court held that the challenge to the provision was premature, and therefore, the question of granting relief did not arise. The petitioner had contended that the said provision was in violation of Article 20(3) of the Constitution, which protects an individual’s right against self-incrimination.
The court, however, noted that the Assam Police was registering cases under the said provision, despite it not being in force.
The court directed the Director General of Police, Assam, to take note of this fact and issue necessary directions to the police stations under his jurisdiction not to register any case under the provision of sub-section (2) of Section 106 of the BNS, 2023, until it comes into force.
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