Today, On 22nd July, The Delhi High Court instructed Subramanian Swamy, Sonia Gandhi, and Rahul Gandhi to submit written arguments in the National Herald case within four weeks. Any submissions after this period will incur a cost of Rs 15,000. The court scheduled the case for arguments on October 29, following a plea from Swamy seeking to present evidence.
New criminal laws effective since July 1 challenge Delhi’s veteran lawyers to relearn legal sections they have known for decades, under the new Bharatiya Nyaya Sanhita (BNS). Section numbers have changed, requiring significant effort and adaptation. Concerns arise regarding increased police power and limitations on freedom of expression. The impact on the judicial system and legal practice in India is unfolding.
Senior Congress leader P Chidambaram demanded the central government to abolish nationwide exams like NEET-UG and grant states control over medical college admissions. He called for Education Minister Dharmendra Pradhan’s resignation due to NEET-UG 2024 cheating scandals. Chidambaram also addressed the new criminal laws and BJP’s allegations against Rahul Gandhi as “complete rubbish.”
The Kerala High Court ruled that criminal appeals filed on or after July 1, 2024, must adhere to the Bharatiya Nyaya Sanhita, 2023 (BNSS) procedures, regardless of the date of the conviction judgment. Appeals filed before this date will follow the Code of Criminal Procedure, 1973 (CrPC) provisions. Refiled appeals will be dated back to their initial presentation. The Court emphasized the importance of adhering to the BNSS once proceedings under the CrPC are completed. The Court also noted a similar ruling by the Punjab and Haryana High Court but disagreed on the maintainability of appeals filed before and after July 1. The current appeal was advised to be amended to comply with BNSS, and legal representation was mentioned.
The West Bengal Government today has set up a seven-member committee, led by a retired judge of the Calcutta High Court, to review three new criminal laws that replaced the British-era laws on July 1. The committee, including state ministers, the advocate general, and police officials, will submit its findings within three months. West Bengal is the third state to amend these laws.
Delhi lawyers to boycott judicial work on July 15 to protest newly introduced criminal laws. They contest extended police custody and public disclosure of arrested individuals’ details as violations of human rights and privacy. The legal community seeks to draw attention to these concerns and pressure lawmakers to reconsider or amend the laws.
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. The recent implementation of three new criminal laws in India has sparked controversy amid efforts to modernize and Indianize the justice system, with some states considering state-level amendments in response.
Today, On 9th July, The Supreme Court dismissed a petition challenging a gender-discriminatory provision in the Criminal Procedure Code (CrPC) following resolution of the grievance by BNSS. The court acknowledged the satisfactory address of the issue, leading to the closure of the case. This significant development promotes gender equality in legal procedures by removing gender-specific language.
The Madras High Court Advocates’ Association (MHCAA) unanimously decided to boycott court proceedings on July 8 to protest three new criminal laws. The resolution emphasized the need for members’ support and cooperation for the protest’s success, citing concerns about the impact on justice and fairness in the legal system.
The Punjab and Haryana High Court addressed the applicability of procedural law to time-barred petitions filed before the enactment of the BNSS, 2023. It clarified that petitions with condoned delays after July 1, 2024, will be governed by the CrPC, 1973, rather than the new BNSS, ensuring consistency in legal proceedings. The case is scheduled for further hearing on July 4, 2024.
