'There Has To Be Some Limit To Frivolity': Delhi High Court Raps Litigant For Filing PIL Calling BNS A 'Criminal Act' Of Government

The Delhi High Court on Wednesday rapped a litigant for filing a public interest litigation alleging that the Bharatiya Nyaya Sanhita (BNS) 2023 which replaced the erstwhile Indian Penal Code of 1860, is a “criminal act” of the Government of India.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela took exception to the petition filed by one Upendra Nath Dalai, based out of Odisha, who was appearing in person.

The plea alleged that the Government of India has "killed its parents"- being the basic structure and the Constitution of India.

ASG Chetan Sharma appeared for the Union Government and strongly opposed the prayers sought in the petition. He said that considering the nature of averments made therein, including the prayers, the petition was absolutely frivolous, baseless and must be dismissed at the threshold.

Perusing the prayer, the Bench noted that it was unable to comprehend as to what was the grievance of the litigant and what relief was sought in the matter.

Observing that the petitioner was non serious, the Court asked Dalai as to how much costs should be imposed upon him.

“What kind of language is used? What is this prayer? What do you do? Do you want some legal assistance?” Court asked Dalai to which he agreed.

“There has to be some limit of frivolity…. Aapne kanoon ki padhai kari hain? (Have you studied law)?” the Court asked Dalai.

The litigant responded that he has not studied law and had filed the petition as per what he has seen on the internet.

As Dalai said that he wanted legal assistance, the Court suggested that a lawyer who knows Odia language be appointed for him.

A lady lawyer who was present in the Court volunteered to speak with the petitioner. The Court asked the lawyer to talk with Dalai and make him understand that costs might be imposed upon him.

In the post lunch session, the lady lawyer informed the Court that the litigant wished to withdraw the petition after he was informed about the serious problems in the plea.

The Court dismissed the plea as withdrawn with a liberty to Dalai file a fresh petition with appropriate pleadings and prayers. 

Title: Upendra Nath Dalai v. UOI

Citation: 2025 LiveLaw (Del) 548