W.P.(CRL) 2035/2026 $~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2035/2026 RITU GAUBA .....Petitioner Through: Petitioner-in-person. versus THE COMMISSIONER OF POLICE DELHI .....Respondent Through: CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 15.07.2026 1. Heard the Petitioner, who appears in person. 2. The instant Petition, ostensibly in public interest, has been filed with the following prayers: “(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 (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; (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; (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.” 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 W.P.(CRL) 2035/2026 3. 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. 4. 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. 5. 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. 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 W.P.(CRL) 2035/2026 8. 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. DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J JULY 15, 2026/sms 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