The Delhi High Court recently directed its registry to ensure that new applications/ petitions are filed only under the new criminal laws, which came into effect from July 1 this year [State Through RPF vs. Dharmendra @ Dharma].
The Court clarified that in case of new filings that concern criminal cases filed before July 1, the old provisions can be referred to, albeit along with the new criminal laws.
"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 1 st 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 ordered.
Justice Chandra Dhari Singh also directed the Registrar General to communicate this directive to all District Courts, Police Stations and other concerned authorities in Delhi.
The order was passed on September 26 after the High Court found that despite the implementation of the new criminal laws, advocates were still relying upon the provisions of the old criminal laws (IPC, CrPC, Indian Evidence Act) while filing new applications/petitions and while assisting the Court.
Justice Singh observed that Courts can no longer entertain applications or petitions filed under the old criminal laws, particularly after July 1, 2024, when the new criminal laws came into force.
The Court took note of the issue in a case where a petition was filed under Section 482 of the erstwhile Code of Criminal Procedure (CrPC).
Notably, the CrPC has been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 since July 1. Similarly, the Bharatiya Nyaya Sanhita has replaced the Indian Penal Code (IPC) while the Bharatiya Sakshya Adhinayam has replaced the Indian Evidence Act.
The Court emphasised that these new laws will now have to be invoked instead of the old criminal laws in new filings.
"This Court has has taken serious view ... 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. 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," the Court said.
[Read order]