Punjab and Haryana High Court Hails New Criminal Laws as Milestone in Indian Justice System

The Punjab and Haryana High Court on Thursday commended the implementation of new criminal laws, marking it as a significant milestone in India's justice system. Justice Sumeet Goel observed that the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Bharatiya Nyaya Sanhita (BNS), and the Bharatiya Sakshya Adhiniyam (BSA) rejuvenate confidence in the justice system by eliminating colonial remnants that had previously hindered the full potential of Indian law. "The new legislations draw upon Indian Jurisprudence, which infuses a renewed confidence in the justice system. The Indian laws have now been unburdened of the colonial and imperial remnants, which were causing a slow and sure attrition upon the confidence of the Indian justice system and also impeding actualization of its full potential" Justice Goel stated.

Acknowledging potential challenges for those accustomed to the old laws, Justice Goel emphasized the importance of embracing the new legislation "In keeping with the spirit of the times, legislated laws ought to be leveraged for all the potential positive changes and illuminating effects that these can bring forth. Instead of giving way to cognitive dissonance and tendency to fortify against changes; the spirit of the time is placing a demand for veritable engagement with these new legislations” Justice Goel highlighted that the new laws aim to balance the interests of the state, society, victims, and the accused, enhancing the deterrent and justice-delivering capacity of the prosecution. “The new laws will go a long way to pave the way for a robust prosecution, striking a balance between the state (society at large), victim as well as the accused. It will give more teeth to deterrence, justice as also the process of justice"

The observations were made during a petition seeking the quashing of a First Information Report (FIR). The state challenged the petition&s maintainability, arguing it was filed under the outdated Code of Criminal Procedure (CrPC) rather than the BNSS, which came into force on July 1.

The court concluded that the CrPC was effectively replaced by the BNSS, except as preserved by Section 531 of the BNSS. "The earlier procedural statute, namely Cr.P.C.,1973, is wiped off the statute book and resultantly pales into insignificance except to the extent it is preserved by the repealing and savings clause contained in Section 531 of BNSS."

The court further clarified:

● Appeals, applications, revisions, or petitions filed under the CrPC after July 1, 2024, are non-maintainable.

● Appeals, applications, revisions, or petitions filed before June 30, 2024, but corrected after July 1, will also be deemed non-maintainable.

● Section 531 of BNSS applies equally to revisions, petitions, and complaints before magistrates, as it does to appeals, trials, inquiries, or investigations.

Consequently, the petition in question, filed under the CrPC, was deemed non-maintainable and rejected.

Author: Anushka Taraniya
News writer