Dismissed¶8

Ritu Gauba v. the Commissioner of Police Delhi

Delhi HC15 Jul 2026W.P.(CRL)/2035/2026

Case brief

AI extract

What is this about?

Delhi High Court; W.P.(CRL) 2035/2026; public interest writ petition dismissed 15.07.2026; Section 106(2) Bharatiya Nyaya Sanhita 2023 not notified; causing death by rash and negligent driving; Section 1(2) BNS commencement by Central Government notification; Section 105 BNS 2023; Article 226 Constitution of India; FIR against MPs; Amit Shah; Rahul Gandhi; Monsoon Session; petitioner-in-person; Devendra Kumar Upadhyaya CJ; Tejas Karia J.

What did the court decide?

Most Sections of the BNS Act have been notified pursuant to Section 1(2), but Section 106(2) remains unnotified. ¶4

Ritu Gauba Vs the Commissioner of Police Delhi — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

Dismissed

¶8

Issue for consideration

Whether the Court can direct notification/enforcement of Section 106(2) of the BNS Act, 2023, which has not been notified by the Central Government under Section 1(2) of the BNS Act. +1 more

¶3

Court's answer

Most Sections of the BNS Act have been notified pursuant to Section 1(2), but Section 106(2) remains unnotified.

¶4

Ratio / Principle

Since the BNS Act itself provides that its provisions come into force on such date as the Central Government may notify (different dates permissible for different provisions), the discretion as to the timing of notification vests in the Central Government.

¶5

Key takeaways

In the absence of a notification under Section 1(2) of the BNS Act, no direction can be issued for enforcement of Section 106(2) of the BNS Act.ratio¶6
The remaining prayers of the petition are incomprehensible and cannot be granted by the Court in exercise of its jurisdiction under Article 226 of the Constitution of India, 1950.ratio¶7

Detailed headnote1 paragraphs

Public interest writ petition (W.P.(CRL) 2035/2026) filed in person by Ritu Gauba before the High Court of Delhi (Devendra Kumar Upadhyaya, CJ and Tejas Karia, J; order dated 15.07.2026) sought, inter alia, registration of FIR against all MPs including Amit Shah and Rahul Gandhi for not notifying Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 (offence of causing death by rash/negligent driving), enforcement of that provision during the ensuing Monsoon Session, fines on MPs payable to a blind school, and additional charges under Section 105 BNS, 2023 in motor accident cases. HELD: the BNS Act (gazetted 25.12.2023) under Section 1(2) permits commencement of its provisions on dates appointed by Central Government notification, different dates being permissible; most Sections stand notified but Section 106(2) does not; the discretion and timing of notification rest with the Central Government, and consequently no direction for enforcement of Section 106(2) can issue. The remaining prayers were held to be incomprehensible and not grantable in exercise of jurisdiction under Article 226 of the Constitution. Petition dismissed; no order as to costs, the petitioner appearing in person.

¶1

$~60

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 2035/2026

¶4

RITU GAUBA .....Petitioner

¶5

Through: Petitioner-in-person.

¶6

versus

¶7

THE COMMISSIONER OF POLICE DELHI .....Respondent Through:

¶8

CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 15.07.2026

¶9

Heard the Petitioner, who appears in person.

¶10

The instant Petition, ostensibly in public interest, has been filed with the following prayers:

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“ (i) To register an FIR against all MPs including Shri Amit Shah and Mr. Rahul Gandhi for cheating and defrauding the voters by not notifying Section 106(2) BNS, 2023 till date

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(ii) Direct the Commissioner of Police to register a case against all MPs and make efforts to enforce Section 106(2) BNS, 2023 in the ensuing Monsoon Session starting from 20.07.2026 upto 13.08.2026;

¶13

(iii) Impose heavy fine on all the MPs and deduct their funds till enforcement of Section 106(2) BNS, 2023 and to be paid to any Blind School in Delhi;

¶14

(iv) Direct the Commissioner of Police to make efforts to register cases under the Motor Accident alongwith Section 105 BNS, 2023 as an additional offence and direct all the Session Courts in Delhi to frame additional charge under Section 105 BNS, 2023 alongwith Section 106(2) BNS, 2026 and try under the aforesaid charges till enforcement of Section 106 (2) BNS, 2023 by the Parliament. ”

¶15

W.P.(CRL) 2035/2026

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Page 1 of 3

¶17

This is a digitally signed order.

¶18

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/07/2026 at 11:54:41

¶19

It appears from the averments made in the Petition, as also on hearing the Petitioner, that the primary grievance raised here is that Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 (“ BNS Act ”) has not been notified and, therefore, an appropriate direction be issued to the authorities concerned to notify the same so that offences relating to causing death by rash and negligent driving of vehicles may be registered and, accordingly, tried.

¶20

The BNS Act was published in the Official Gazette on 25.12.2023. In view of Section 1(2) of the BNS Act, the provisions of the BNS Act shall come into force on such date as the Central Government may appoint by a notification to that effect in the Official Gazette. The provision further permits that different dates may be appointed for different provisions of the BNS Act. It appears that most of the Sections of the BNS Act have been notified as per the requirement of Section 1(2) of the BNS Act, however, Section 106(2) has not been notified.

¶21

If the Legislation itself provides that provisions of the BNS Act shall come into force on such date as the Central Government may notify, the discretion for such notification vests with the Central Government and, therefore, it is for the Central Government to issue notification as and when it is deemed fit and proper. 6. Accordingly, the prayer made by the Petitioner for enforcement of Section 106(2) of the BNS Act, in the absence of any such notification, as envisaged in Section 1(2) of the BNS Act, in our opinion, cannot be issued. 7. Regarding the other prayers, we are compelled to state that such prayers are not only incomprehensible but also cannot be granted by the Court in exercise of its jurisdiction under Article 226 of the Constitution of India, 1950.

¶22

W.P.(CRL) 2035/2026

¶23

Page 2 of 3

¶24

This is a digitally signed order.

¶25

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/07/2026 at 11:54:41

¶26

Accordingly, the present Writ Petition lacks merit, which is hereby dismissed. However, considering the fact that the Petitioner appears in person, there will be no order as to costs.

¶27

DEVENDRA KUMAR UPADHYAYA, CJ

¶28

TEJAS KARIA, J

¶29

JULY 15, 2026/sms

¶30

W.P.(CRL) 2035/2026

¶31

Page 3 of 3

¶32

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/07/2026 at 11:54:41

Ritu Gauba v. the Commissioner of Police Delhi

Case brief

What is this about?

What did the court decide?

Ritu Gauba v. the Commissioner of Police Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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