Delhi HC Petitioned for Practice Directions on Retroactive Application of New Criminal Laws

Delhi HC Petitioned for Practice Directions on Retroactive Application of New Criminal Laws

Recently, a plea has been submitted to the Delhi High Court, urging the issuance of practice guidelines concerning the three recently enacted criminal laws. This request specifically pertains to situations where the origin of the legal matter predates the enactment of these new laws and there has been no initiation of a petition, application, or trial in connection with the said cases.

The plea additionally calls for the efficient utilization of the current court infrastructure to facilitate the electronic recording of trials, as outlined in Section 530 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (New CrPC).

The petitioner also seeks a directive that the stakeholders be equipped with training programmes for the effective implementation of the objectives of the new laws.

The President of India, Droupadi Murmu, granted her assent to the new criminal laws on December 25. These laws, namely Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Sanhita, are slated to replace the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, respectively.

The specific date on which the provisions of the new laws will come into effect has not been notified yet.

The plea has been filed by Chanderbala Sharma, who is currently facing trial in a case registered last year under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. 

The petition has been filed through Advocate Pawan Prakash Pathak.

A lawyer recently filed a PIL with the Supreme Court, contesting the validity of the three new criminal laws. The petition requests a halt on implementing these laws and urges the immediate formation of an expert committee, led by a former Supreme Court judge, to assess the feasibility of these laws.

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