
The Delhi High Court dismissed a public interest petition seeking the repeal of certain Bhartiya Nyaya Sanhita provisions. File
| Photo Credit: The Hindu
The Delhi High Court on Wednesday (July 9, 2025) dismissed a public interest petition seeking the repeal of certain Bhartiya Nyaya Sanhita provisions.
The court dismissed the petition, saying judiciary did not have jurisdiction to compel the legislature to enact or repeal laws.
“Abolition is only permissible by enacting an amendment act. It is an act of Parliament. We cannot direct the Parliament to do so. It will amount to legislating. It is not under our realm,” the court observed.
The petition said that while Sections 147 to 158 related to certain offences “against the state”, Sections 189 to 197 related to “offence of public tranquillity” of the BNS — both being British laws meant to suppress Indians.
Their continuation today violated the fundamental rights granted under the Constitution, it said.
The petition filed by Upendranath Dalai claimed one of the laws, Section 189 of BNS (unlawful assembly), had been misused by the governments with the help of the police.
Published – July 09, 2025 10:22 pm IST