Relying on old criminal law violates Parliament’s intent, use new laws: Delhi HC

Taking a serious view over the reliance upon the provisions of old Criminal laws by lawyers while filing new petitions, despite the implementation of new criminal laws, the Delhi high court has said that the same is not only a clear violation of Parliament’s intent but also defeats the efforts made for its effective implementation.
In its three-page order, released on Friday, a bench of justice Chandra Dhari Singh directed the registry to ensure that the petitions are filed under the new laws only, saying that the same cannot be adjudicated under the old law, as the same are not in effect anymore.
Implemented on July 1, the three new criminal laws aim to render justice to citizens by overhauling the punishment and procedures applicable for the investigation and prosecution of crimes. The new laws brought in a modern justice system, incorporating provisions such as Zero FIR, online registration of police complaints, summonses through electronic modes such as SMS, mandatory videography of crime scenes for all heinous crimes and mandatory forensic investigations for offences punishable by seven years or more. The new penal code — Bhartiya Nyaya Sanhita, 2023 (BNS), redefines crime and punishment, including terrorism for the first time with an expanded definition covering “economic security” and “monetary stability” of the country. Organised crime and mob lynching are also newly defined offences.
“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 bench said in its September 26 order.
The bench added, “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. 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 expressed a dim view after the counsel who had filed an application under the provisions of Code of Criminal Procedure (CrPC) submitted on a query posed by the bench that the same practice was also being adopted by the district courts in the city. The counsel further said he thought even the high court was following the same.
Considering the submissions, justice Singh also directed the high court’s Registrar General to send the directions regarding processing of applications under the new laws, to all the city courts and police stations in the capital.