RITUMANI DEKA Vs. UNION OF INDIA

JUDGEMENT

(1.) This PIL petition is filed by the petitioner challenging the validity of sub-sec. (2) of Sec. 106 of the Bharatiya Nyaya Sanhita (BNS), 2023.

(2.) It is contended in the writ petition that sub-sec. (2) of Sec. 106 of the BNS is in violation of Article 20(3) of the Constitution of India, which provides that no person accused of any offence shall be compelled to be a witness against himself.

(3.) It is submitted that the Government of India, in exercise of the powers conferred by sub-sec. (2) of Sec. 1 of the BNS, has issued a notification dated 23 rd February, 2024 and has appointed the 1 st day of July, 2024 as the date on which the provisions of the BNS shall come into force. It is noticed that the said notification specifically says that the provisions of the BNS, except the provision of sub-sec. (2) of Sec. 106 shall come into force from 1/7/2024.