Transitioning to New Criminal Laws: A Call for Compliance in the Courts.


26 September 2024 Administrative Law >> Constitution & Law Procedure   |   Constitutional & Government >> Constitution & Law Procedure  

In a recent judicial development of State Through RPF v/s Dharmendra Dharma, the High Court has emphasized the necessity for legal practitioners to adapt to the newly enacted criminal laws, specifically the Bhartiya Nyaya Sanhita, 2023 (BNS), Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), and Bhartiya Sakshya Adhiniyam, 2023 (BSA). This directive follows observations made during ongoing proceedings where attorneys were found relying on the outdated Code of Criminal Procedure, 1973 (Cr.P.C.), despite the new legislation coming into effect on July 1, 2024.

The court expressed serious concern regarding this reliance on the old laws, viewing it as a violation of the Parliament's intent to modernize the legal framework. With the new laws officially implemented, any applications or petitions submitted post-July 1, 2024, cannot be adjudicated under the old laws, which are no longer in effect.


   

In a notable ruling, the case of Prince v. State of Govt of NCT Delhi and ors. illustrated this transition. The court determined that while the petition had been filed under the Cr.P.C., it should have been submitted under the BNSS due to the date of filing. The court underscored that only proceedings pending before the enforcement of the new laws could continue under the old provisions. Consequently, the current petition was treated under the relevant sections of the BNSS to prevent delays.

This sentiment has been echoed by various High Courts across the nation, reinforcing the importance of adapting to the new legal landscape. To facilitate this transition, the High Court's registry has been directed to ensure that all new applications and petitions are filed under the updated laws. However, the court acknowledged that for cases filed before July 1, 2024, referencing the old laws alongside the new provisions would ensure a smoother transition.

In light of these developments, the Registrar General of the High Court of Delhi has been tasked with disseminating these directives to all District Courts, police stations, and relevant authorities in the National Capital Region.

As a result of this clarification, the petitioner's counsel has been granted a week's time to amend the petition in accordance with the new legal framework, with the next hearing scheduled for October 16, 2024. This pivotal shift in legal practice marks a significant step toward the effective implementation of India’s modernized criminal justice system, urging all legal professionals to stay abreast of the changes and align their practices accordingly.