Plea In Delhi High Court Seeks Issuance Of Directions For Effective Implementation Of New Criminal Laws In Cases Where Trial Yet To Commence

A petition has been filed before the Delhi High Court seeking the issuance of practice directions regarding the three new criminal laws in relation to cases where the cause of action dates back to before the passing of the new laws and no petition, application or trial had been commenced.

The plea also seeks effective implementation of the existing court infrastructure for recording trials in electronic mode as mentioned under Section 530 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('New CrPC).

It also seeks a directive that the stakeholders be equipped with training programmes for the effective implementation of the objectives of the new laws.

The new criminal laws received President Droupadi Murmu's assent last month on December 25. The laws, viz. Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Sanhita, are set to replace the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act respectively.

However, the date from which the provisions of the new laws shall take effect is yet to be notified.

The plea has been moved by one Chanderbala Sharma facing trial in a case registered last year under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

“That the petitioner has a right to remedy as a fundamental right and with the passage of new criminal justice machinery in place there arises a question as to “Cause of action arising under the old regime but no machinery has been initiated yet and the same is within the limitation period, in such situation which is the remedy available to the petitioner, is it under the old regime or new and hence the instant petition,” the plea states.

The petition has been filed through Advocate Pawan Prakash Pathak.

Recently, a lawyer filed a public interest litigation before the Supreme Court challenging the three new criminal laws. It seeks a stay on the implementation of the three new criminal laws, as well as a direction for the immediate constitution of an expert committee, under the chairmanship of a former judge of the Supreme Court, to examine the viability of the laws.

Title: Chandrabala Sharma@Suman v. Union of India & Ors.