High Court Directs Inclusion of Provisions from Repealed Criminal Laws in Legal Petitions

The Lucknow Bench of the Allahabad High Court has issued a significant directive during the hearing of a criminal matter, mandating that petitions filed under the new criminal laws must also cite the corresponding provisions from the repealed statutes — namely, the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act (IEA).

 

Justice Prakash Singh, presiding over the case, observed that while India has transitioned to the new set of laws — the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya SakshyaAdhiniyam (BSA) — it remains essential to reference the equivalent provisions from the earlier legal framework for the sake of clarity, uniformity, and ease of understanding during judicial proceedings.

 

Key Directions of the Court

The Court stated that whenever a petition is filed citing a section under the Bharatiya Nyaya Sanhita (BNS), it must also include the corresponding section from the Indian Penal Code (IPC). Similarly, petitions invoking sections from the Bharatiya Nagarik Suraksha Sanhita (BNSS) or the Bharatiya SakshyaAdhiniyam (BSA) should mention the corresponding provisions from the Criminal Procedure Code (CrPC) and the Indian Evidence Act (IEA) respectively.

 

The order was passed during the hearing of a petition related to criminal proceedings, with the Court emphasizing that this practice would help avoid confusion and assist all parties in understanding the context of the case, given the recent legal transition.

 

Responsibility Assigned to the Registry

The High Court has directed its Registry Department to ensure compliance with these instructions. The Court noted that including both the new and old references will make it easier to dispose of cases promptly and reduce procedural ambiguities during hearings.

 

Why the Directive Matters

The judgment comes in light of the complete replacement of colonial-era criminal laws — IPC, CrPC, and IEA — with India’s newly enacted criminal justice system comprising BNS, BNSS, and BSA, which came into force in 2024. However, since many legal professionals and law enforcement agencies are still adapting to the new framework, referencing the older laws remains crucial for smooth judicial interpretation and transitional consistency.

 

The Court also remarked that filing petitions without citing the corresponding repealed provisions often leads to delays, confusion, and unnecessary complications in adjudication. Therefore, both legal practitioners and courts should adhere to this dual-reference system during the transitional period.

 

A Step Toward Clarity in the New Legal Era

This directive ensures that India’s judicial system navigates the transition from old to new criminal laws without ambiguity. By mandating the simultaneous mention of both old and new statutory provisions, the judiciary aims to preserve continuity, prevent procedural errors, and ensure that justice is delivered efficiently under the evolving legal framework.