The Delhi High Court emphasized that using outdated criminal laws undermines the legislative intent of Parliament. The court urged the application of newly enacted laws, reflecting modern societal needs and values, in legal proceedings.
New Delhi: The Delhi High Court stated that relying on outdated criminal laws, despite the enactment and enforcement of new legislation, clearly violates the intent of Parliament and undermines the efforts made for their effective implementation.
Expressing concern over lawyers citing provisions from old criminal laws while filing new petitions, the court emphasized that such actions not only breach Parliament’s intent but also hinder the effective execution of the new laws.
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In a three-page order issued on Friday, Justice Chandra Dhari Singh’s bench instructed the court registry to ensure that petitions filed in accordance with the updated laws, noting that cases cannot be adjudicated under repealed legislation that is no longer in effect.
Implemented on July 1, 2024, three new criminal laws have been introduced to modernize the justice system, aiming to deliver better justice to citizens by updating the procedures for crime investigation and prosecution.
These laws, which include provisions such as Zero FIR, online registration of police complaints, electronic summonses via SMS, mandatory crime scene videography for heinous crimes, and mandatory forensic investigations for offences punishable by seven years or more, mark a significant overhaul.
The new penal code, Bhartiya Nyaya Sanhita, 2023 (BNS), redefines crime and punishment, notably expanding the definition of terrorism to include “economic security” and “monetary stability” of the country. It also introduces newly defined offences such as organized crime and mob lynching.
In its September 26 order, the Delhi High Court bench highlighted a concerning trend,
“During the course of proceedings for the last two days, it has come to the notice of this court that despite the 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 still relying on the provisions of the old criminal laws to file new applications/petitions and while assisting the Court.”
The bench emphasized that such reliance on outdated laws goes against the intent of Parliament and undermines the implementation of the new legal framework.
The order stated,
“This Court has taken a serious view as reliance on old criminal laws, despite the introduction and implementation of new laws, is a clear violation of the intent of Parliament and defeats the efforts made for its effective implementation,”
It further added that since the new laws have been in effect since July 1, 2024, “applications filed after this date cannot be adjudicated by any Court under the old laws, as they are no longer in effect.”
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The court expressed disapproval after the counsel, who had filed an application under the provisions of the old Code of Criminal Procedure (CrPC), informed the bench that this practice was still being followed in the district courts. The counsel also mentioned that he assumed the High Court was operating similarly.
Taking this into account, Justice Singh directed the Registrar General of the High Court to issue instructions to all city courts and police stations, ensuring that applications are processed in accordance with the newly implemented laws.