K Chakra Pani
The Punjab and Haryana High Court has clarified that fresh cases can be filed under either the newly enacted criminal laws or the old laws that were repealed on July 1, 2024. The Court has instructed the Registry not to raise objections regarding the choice of laws under which cases are filed. This directive was issued through a circular on July 11, 2024, by Chief Justice Sheel Nagu.
The new criminal laws—Bharatiya Nyaya Sanhita, 2023; Bharatiya Nagarik Suraksha Sanhita, 2023; and Bharatiya Sakshya Adhiniyam, 2023—came into effect on July 1, 2024, replacing the Indian Penal Code of 1860, the Code of Criminal Procedure of 1973, and the Indian Evidence Act of 1872. These laws aim to modernize and “Indianise” the justice system, ensuring that criminal cases reach finality within three years of registration.
The introduction of these laws has sparked controversy over their parliamentary passage, impact on existing criminal cases, and implementation challenges. Additionally, the names of the new laws have drawn some criticism. Despite these issues, Union Home Minister Amit Shah emphasized that the new laws are intended to ensure faster resolution of criminal cases. Union Minister of State for Law and Justice Arjun Ram Meghwal stated that the focus of these laws is on delivering justice rather than mere punishment.
In response to the new legislation, Tamil Nadu and Karnataka are considering introducing State-level amendments to these laws.