The Punjab and Haryana High Court has allowed flexibility in filing new cases under either newly implemented or old criminal laws, stressing that the Registry cannot object based on the chosen legal framework.
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CHANDIGARH: The recent implementation of three new criminal laws in India, the Punjab and Haryana High Court has issued a directive clarifying the process for filing fresh cases. The Court has stated that new cases can be filed either under the newly enacted laws or the old criminal laws that were repealed effective July 1.
The High Court emphasized that the Registry is not permitted to raise objections to case filings based on the choice of the legal framework.
According to a circular dated Today(July 11), issued on the orders of Chief Justice Sheel Nagu, it was clarified:
“In response to the enactment of new laws such as the ‘Bharatiya Nyaya Sanhita, 2023’, ‘Bharatiya Nagarik Suraksha Sanhita, 2023’, and ‘Bharatiya Sakshya Adhiniyam, 2023’ effective from July 1, 2024, fresh cases or applications can now be filed in this High Court under either the newly enacted laws or the repealed laws (Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and Indian Evidence Act, 1872). The Registry will not raise objections regarding the choice of legal framework.”
The three new criminal laws – the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam – officially replaced three colonial-era laws on July 1. These replaced laws include the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act. This legislative overhaul aims to modernize and Indianize the criminal justice system.
The enactment of these new laws has not been without controversy. Critics have raised concerns about the manner in which the laws were passed in Parliament, their potential impact on ongoing criminal cases, and the practical challenges of implementing such a significant legal overhaul. There has also been some debate over the nomenclature of the new laws.
On the day the new laws took effect, Union Home Minister Amit Shah highlighted their purpose, stating that the new laws aim to Indianize the justice system and ensure that criminal cases reach a conclusion within three years of registration.
Union Minister of State for Law and Justice, Arjun Ram Meghwal, added that these laws are designed to prioritize justice over punishment, indicating a shift in the judicial approach.
In response to the new legislation, at least two states, Tamil Nadu and Karnataka, are considering the introduction of state-level amendments. This indicates a nuanced approach to the implementation of these laws across different regions, reflecting local considerations and needs.
