Can still file fresh cases under repealed laws, clarifies Punjab and Haryana High Court
Saurabh Malik
Chandigarh, July 12
Just about 10 days after the new laws came into force, the Punjab and Haryana High Court has clarified that fresh cases and applications can still be filed under the repealed laws.
The order, issued by Chief Justice Sheel Nagu, just two days after his elevation, facilitates the coexistence of the old and new legal systems during the transition period, ensuring continued access to justice without procedural hindrances.
“In light of the enactment of new laws, ‘Bharatiya Nyaya Sanhita, 2023’, ‘Bharatiya Nagarik Suraksha Sanhita, 2023’ and ‘Bharatiya Sakshya Adhiniyam, 2023’, which have come into force with effect from July 1, fresh cases/applications can be filed in this high court either under the provisions of newly enacted laws or repealed laws, ie, Indian Penal Code, 1860; Code of Criminal Procedure, 1973; and Indian Evidence Act, 1872,” says the order.
Dispelling all apprehensions, the High Court has explicitly directed that no objections will be raised by the High Court Registry regarding the filing of cases under either set of laws.
The order marks a crucial step in the implementation of the country’s new criminal justice laws.
The new laws have been purportedly designed to align more closely with contemporary societal values, but challenges in terms of interpretation and implementation are anticipated. The flexibility in filing cases under both the new and repealed laws is expected to avoid confusion and ensure continuity and stability in the judicial process. The intent is to ensure that ongoing and new cases are not adversely affected by the transition.
The Bharatiya Nyaya Sanhita, defining offences and prescribing punishments, aims to address modern crimes and streamline criminal justice processes. The Bharatiya Nagarik Suraksha Sanhita deals with procedural aspects of criminal law, including investigation and prosecution, and seeks to reduce delays and inefficiencies in the criminal justice system. The Bharatiya Sakshya Adhiniyam governs the rules of evidence, ensuring they are modern and fair.
