Delhi HC Directs All Police Stations And Courts In NCR To Ensure That New Petitions Are Filed Only Under The New Criminal Laws
The Delhi High Court has directed that applications/petitions filed after 1st July, 2024 cannot be adjudicated by any Court under the old laws with the implementation of the new criminal laws as the former are not in effect anymore.
The Court directed the Registry General to ensure that the new applications/petitions were filed under the new criminal laws only. The Registry was further directed to send the directions of the Court to all the District Courts and Police Stations within the jurisdiction of the National Capital Region (NCR).
A Single Bench of Justice Chandra Dhari Singh observed, “Since the new laws have already been implemented w.e.f 1st July, 2024 and published in the Gazette notification by the Union of India, the applications filed after 1st July, 2024 cannot be adjudicated by any Court under the old laws as the same are not in effect anymore.”
Advocate Shrey Sharwat appeared for the petitioner. The Court noticed that despite the implementation of the new criminal laws i.e. Bhartiya Nyaya Sanhita, 2023 (BNS), Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) and Bhartiya Sakshya Adhiniyam, 2023 (BSA), the advocates were relying upon the provisions of the old Criminal laws to file new applications/petitions.
The petition was filed under Section 482 of the CrPC, 1973. When the Court posed a query regarding the filing of the case under the erstwhile procedural code, the counsel apprised the Court that the judges in the District Courts adopted the same practice and therefore, he was under the impression that the same needed to be done before the High Court as well.
The High Court took a serious view as to the reliance upon the old criminal laws despite the introduction and implementation of new criminal laws, which the Court stated was “a clear violation of the intent of the Parliament and defeats the efforts made for its effective implementation.”
The Court referred to a decision of a co-ordinate Bench in Prince v. State of Govt of NCT Delhi (2024), wherein it was clarified that in accordance with Section 531(2)(a) of the BNSS, proceedings are to be disposed of, continued, held or made in accordance with the Cr.P.C. only in cases where such proceedings, were pending immediately before the date on which the BNSS came into force.
Consequently, the Court directed, “Therefore, the registry is directed to ensure that the new applications/petitions are filed under the new laws only. It is made clear that if any proceeding is in continuance in the cases filed before 1st July, 2024, it would be appropriate to refer to old provisions along with the provisions in the new laws to ensure smooth transition later on.”
Accordingly, the High Court listed the matter for further hearing on October 16, 2024.
Cause Title: State Through RPF v. Dharmendra @ Dharma