Delhi HC Tells Lawyers To Not Use Old Criminal Laws In New Filings, Asks Them To Also Mention New Criminal Laws For Filings In Old Cases

The Delhi High Court has taken a “serious view” of the reliance upon old criminal laws by advocates to file new applications or petitions, despite implementation of new laws with effect from July 01.

Justice Chandra Dhari Singh directed the Registry to ensure that the new applications or pleas 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,” the court said.

The court was dealing with a plea filed by the State seeking criminal leave to appeal under Section 482 of Code of Criminal Procedure, 1973.

“During the course of proceedings for last two days, it has come to the notice of this Court that despite implementation of the new laws i.e. Bhartiya Nyaya Sanhita, 2023 (BNS), Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) and Bhartiya Sakshya Adhiniyam, 2023 (BSA) the advocates are relying upon the provisions of the old Criminal laws to file new applications/petitions and also while assisting the Court,” the court observed.

Justice Singh further said that the new criminal laws have already been implemented w.e.f July 01 and published in the Gazette notification by the Central Government, the applications filed after the said date cannot be adjudicated by any Court under the old laws as the same are not in effect anymore.

“This Court has taken serious view to the same as the reliance upon the old criminal laws despite introduction and implementation of new laws is a clear violation of the intent of the Parliament and defeats the efforts made for its effective implementation,” the court said.

It relied upon a recent decision of the coordinate bench which held that the procedure with respect to anticipatory bail pleas filed in relation to FIRs lodged prior to enforcement of new criminal laws should be governed by the Bharatiya Nagarik Suraksha Sanhita 2023, if the date of filing such application is on or after July 1, 2024.

Justice Singh observed that similar view has also been taken by the various other High Courts and thus, it is appropriate for the advocates to contribute towards “effective implementation of the newly introduced criminal laws.”

“In view thereof, the Registrar General, High Court of Delhi is directed to send the above said directions to all the District Courts, Police Stations and other concerned authorities within the jurisdiction of the National Capital Region,” the court directed.

The counsel appearing for the State prayed for one weeks' time to amend the petition according to the new criminal laws. 

Allowing the request, the court listed the matter for hearing on October 16.

Title: STATE THROUGH RPF v. DHARMENDRA @ DHARMA

Citation: 2024 LiveLaw (Del) 1072

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