Judicial notice of unenforced legislation

We have discussed the problem of unenforced legislations (i.e. Acts duly passed by Parliament but not brought into force by government) previously on this blog. The recently passed amendments to the Code of Criminal Procedure appear set to join the ranks. Rather sad for undertrial prisoners, who would have been the main beneficiary of these amendments. In fact, the Supreme Court recently rejected a plea to monitor the release of undertrial prisoners languishing in prisons citing this amendment (and apparently without realising that it hasn’t come into force, or may never do so). It said that these amendments had taken care of the problem of undertrial prisoners charged with less-serious offences.

Another news story claims that the Court also said that its own arrest jurisprudence laid down in DK Basu is also now irrelevant after this amendment. This news story does not make sense and the actual order in the case does not report what must have been casual observations from the bench.

Written by
Tarunabh Khaitan
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