Delhi High Court amends Rules & Orders 2026, clarifying 'parties' definition in criminal cases as per Bharatiya Nagarik Suraksha Sanhita. Important for legal professionals.
The High Court of Delhi has issued an important notification regarding an amendment to its Rules & Orders, specifically clarifying the definition of the term ‘parties’ in criminal cases. This amendment, published on January 19, 2026, aims to align the High Court’s rules with the new Bharatiya Nagarik Suraksha Sanhita, 2023. This crucial update is circulated for the information and necessary compliance of all judicial officers, legal professionals, and concerned authorities across various District Courts and legal bodies in Delhi.
What Changed
The High Court of Delhi has inserted a new ‘Explanation’ immediately after the existing Rule 2 of Part C of Chapter 16 of Volume IV of the Delhi High Court Rules & Orders. This amendment specifically defines the term ‘parties’ in the context of criminal cases.
| Particulars | Earlier Position (Implied) | Revised Position (Effective 19.01.2026) |
|---|---|---|
| Definition of ‘Parties’ in Criminal Cases | The existing Rule 2 did not explicitly define ‘parties’ in this specific context, potentially leading to varied interpretations. | An ‘Explanation’ has been inserted stating: “In criminal cases, the term ‘parties’ shall be deemed to include the complainant and / or victim as defined under Section 2 (y) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 2 (wa) of the Code of Criminal Procedure, 1973).” |
Reason for Change
This amendment has been made in exercise of the powers conferred by Section 7 of the Delhi High Court Act, 1966, read with Article 227 of the Constitution of India. It was enacted with the prior approval of the Lt. Governor of the Government of National Capital Territory of Delhi. The primary reason is to incorporate and clarify definitions in line with new central criminal laws, particularly the Bharatiya Nagarik Suraksha Sanhita, 2023, ensuring uniformity and clarity in legal proceedings.
Action Required
This notification is forwarded for information and necessary action/compliance to a wide range of judicial and administrative authorities. Key actions include:
- For Judicial Officers: To be aware of and comply with the amended definition in all relevant criminal cases.
- For Computer & R&I Branches (Saket Courts): To upload the notification on the official website of South District, Saket Courts, New Delhi, and on LAYERS.
- For District Court Website Committee (Tis Hazari): To upload the notification/practice directions/circular on the website of Delhi District Court.
- For Registrars/OSDs/Joint Registrars: To circulate the same in their respective branches/offices.
- For Joint Director (IT) (Delhi High Court): To upload the notification/practice directions/circular on the Intranet of the High Court.
- For Bar Councils & Associations: To disseminate this information among their members for awareness and compliance.
Revised Details
The amendment explicitly states that in criminal cases, the term ‘parties’ will now unambiguously include both the ‘complainant’ and the ‘victim’. This definition directly references the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 2 (y)) and the Code of Criminal Procedure, 1973 (Section 2 (wa)), ensuring legal consistency and clarity. The amendment came into force from the date of its publication in the Delhi Gazette Extraordinary, Part II, Section I, No. 2 (NCTD No. 416), i.e., January 19, 2026.
Understanding the Bharatiya Nagarik Suraksha Sanhita, 2023
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is a landmark legislation that recently replaced the erstwhile Code of Criminal Procedure (CrPC), 1973. This new law introduces several changes in the procedure for criminal justice administration in India. The current amendment by the Delhi High Court is a direct consequence of this new legal framework, ensuring that the High Court’s own rules are updated to reflect the terminology and definitions provided in the BNSS, 2023. This move aims to streamline legal processes and prevent ambiguity in the application of criminal law.
FAQs
Q1: What is the main purpose of this amendment?
A1: The main purpose is to clearly define the term ‘parties’ in criminal cases under the Delhi High Court Rules & Orders, bringing it in conformity with the definitions provided in the new Bharatiya Nagarik Suraksha Sanhita, 2023.
Q2: When did this amendment come into force?
A2: This amendment came into force from the date of its publication in the Delhi Gazette Extraordinary, which was January 19, 2026.
Q3: Who does this amendment primarily affect?
A3: This amendment primarily affects Judicial Officers, legal practitioners, and all parties involved in criminal cases within the jurisdiction of the Delhi High Court and its subordinate courts, by providing a clearer definition of ‘parties’.
Q4: What is the significance of referencing the Bharatiya Nagarik Suraksha Sanhita, 2023?
A4: The Bharatiya Nagarik Suraksha Sanhita, 2023, has replaced the Code of Criminal Procedure, 1973. Referencing it ensures that the High Court’s rules are updated and aligned with the latest criminal procedural law in India, promoting consistency and reducing legal ambiguities.
Q5: Where can I find the official notification?
A5: The official notification (No. 2/Rules/DHC dated 19.01.2026) has been circulated to various judicial and administrative bodies. It will be uploaded on the official websites of the Delhi High Court and the Delhi District Courts, as well as on internal judicial platforms like LAYERS.
Q6: Is this amendment related to any specific recruitment or exam?
A6: No, this amendment is a general update to the Delhi High Court Rules & Orders concerning legal procedures in criminal cases. It is not related to any recruitment, examination, or admission process.
Q7: What is the ‘Explanation’ inserted into the rules?
A7: The ‘Explanation’ states: “In criminal cases, the term ‘parties’ shall be deemed to include the complainant and / or victim as defined under Section 2 (y) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 2 (wa) of the Code of Criminal Procedure, 1973).”
Q8: Who approved this amendment?
A8: The amendment was made by the High Court of Delhi with the prior approval of the Lt. Governor of the Government of National Capital Territory of Delhi.