Guwahati: The Gauhati High Court has issued a significant order, preventing the premature enforcement of Section 106(2) of the Bharatiya Nyaya Sanhita (BNS), which pertains to non-culpable homicide by negligent driving. The court has directed the Assam DGP to ensure that no cases are registered under this provision until it comes into effect.
The controversial section, which carries a potential ten-year jail term, has not yet been enacted into law. Despite this, the court observed that there have been instances of police registering cases under this unenforced provision.
The court’s decision came during a Public Interest Litigation (PIL) challenging the constitutionality of the section. The petitioner argued that the provision violates Article 20(3) of the Indian Constitution, which protects individuals from self-incrimination. However, the court dismissed the plea, stating that since the section is not yet in force, the question of its constitutionality does not arise at this stage.
The court’s order provides relief to individuals who may have been wrongfully accused under the unenforced provision. It also underscores the importance of ensuring that laws are properly enacted and implemented before they can be used to prosecute individuals.
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