Delhi High Court (DHC) issues notification on amendment to Rules & Orders, inserting explanation for 'parties' in criminal cases under Bharatiya Nagarik Suraksha Sanhita 2023.
The Delhi High Court (DHC) has issued a significant circular regarding an amendment to its Rules and Orders. This amendment, published in the Delhi Gazette Extraordinary, introduces a new “Explanation” to Rule 2 of Part C of Chapter 16 of Volume IV of the Delhi High Court Rules & Orders. This crucial update clarifies the definition of ‘parties’ in criminal cases, specifically referencing the recently enacted Bharatiya Nagarik Suraksha Sanhita, 2023. This notification is vital for all legal professionals, judicial officers, and stakeholders involved in criminal proceedings under the jurisdiction of the Delhi High Court.
What Changed
The primary change is the insertion of an “Explanation” immediately after the existing Rule 2 of Part C of Chapter 16 of Volume IV of the Delhi High Court Rules & Orders. This explanation provides a clearer understanding of who constitutes ‘parties’ in criminal matters.
| Particulars | Revised Provision (Explicit Addition) |
|---|---|
| Amendment Details | Insertion of an “Explanation” after existing Rule 2 of Part C of Chapter 16 of Volume IV of the Delhi High Court Rules & Orders. |
| Content of Explanation | “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).” |
| Effective Date | Comes into force from the date of its publication in the Gazette (19.01.2026). |
| Circular Date | 28.01.2026 |
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, aiming to bring clarity and align the High Court’s rules with recent legislative changes, specifically the Bharatiya Nagarik Suraksha Sanhita, 2023.
Action Required
This circular is forwarded for information and necessary action to various judicial and legal authorities. Key actions include:
- Judicial Officers: All Principal District & Sessions Judges, Principal Judges (Family Courts), and Special Judges are to take note of this amendment and ensure its implementation in relevant criminal cases.
- Legal Professionals: Advocates and legal practitioners should familiarize themselves with this clarified definition of ‘parties’ to ensure accurate legal representation and proceedings.
- Bar Associations & Legal Services Authorities: To circulate the notification among their members and ensure widespread awareness.
- IT Departments: To upload the Notification/Practice Directions/Circular on the official website and intranet of the Court for public access.
- General Public: Individuals involved in criminal cases as complainants or victims should be aware of their defined status under the new explanation.
Revised Details
The core of the amendment is the precise definition of ‘parties’ in criminal cases:
- Definition: In criminal cases, the term ‘parties’ will now explicitly include the “complainant” and/or “victim.”
- Statutory Reference: This definition draws from Section 2 (y) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and Section 2 (wa) of the Code of Criminal Procedure, 1973.
- Impact: This insertion ensures that the roles and rights of complainants and victims are clearly recognized within the framework of the Delhi High Court Rules & Orders, particularly in light of the new criminal justice legislation.
Frequently Asked Questions
Q1: What is the purpose of this amendment?
A: The amendment aims to clarify the definition of ‘parties’ in criminal cases under the Delhi High Court Rules & Orders, aligning it with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Code of Criminal Procedure, 1973. This ensures better recognition and understanding of the roles of complainants and victims.
Q2: When did this amendment come into force?
A: The amendment came into force from the date of its publication in the Delhi Gazette Extraordinary, which was 19.01.2026. The circular for its information was issued on 28.01.2026.
Q3: Who is primarily affected by this notification?
A: This notification primarily affects judicial officers, legal professionals (advocates), and all stakeholders involved in criminal cases under the Delhi High Court’s jurisdiction. It also impacts complainants and victims in criminal proceedings by formally defining their status as ‘parties’.
Q4: Where can I find the complete Delhi High Court Rules & Orders?
A: The complete Delhi High Court Rules & Orders, including this and other amendments, are typically available on the official website of the Delhi High Court. Legal databases and law libraries also maintain updated versions.
Q5: What is the Bharatiya Nagarik Suraksha Sanhita, 2023?
A: The Bharatiya Nagarik Suraksha Sanhita, 2023, is a new criminal procedure code enacted in India, replacing the erstwhile Code of Criminal Procedure, 1973. It aims to modernize and streamline the criminal justice system.
Q6: Does this amendment change the existing legal procedures?
A: While the amendment itself clarifies a definition, it’s part of a broader legislative shift (the introduction of the Bharatiya Nagarik Suraksha Sanhita). Legal professionals should stay updated on all related changes to ensure compliance and effective practice.
Q7: How can I access the official notification for this amendment?
A: The official notification was published in the Delhi Gazette Extraordinary. Copies of the circular are also being uploaded on the websites of the Delhi High Court and various District Courts. You can typically find such documents in the ‘Notifications’ or ‘Circulars’ section of the official High Court website.