FIR For Offences Committed Before July 1 2024 To Be Lodged Under IPC Even After Enforcement Of BNS: Rajasthan High Court

The Court, however, clarified that for such FIRs lodged after July 1, 2024, for offences under the IPC (as crime committed before July 1), the applicable procedure should be as prescribed in the Bhartiya Nagrik Suraksha Sanhita (BNSS) and not the Code of Criminal Procedure (CrPC).

A bench of Justice Arun Monga made these observations while refusing to quash an FIR registered on July 27, 2027, for the alleged commission of offences under Sections 420, 406, 467, 468, 471 and 120-B of the IPC.

In its 18-page order, the Court heavily relied upon the Allahabad High Court's recent ruling in Deepu and 4 Others vs. State Of U.P. and 3 Others 2024 LiveLaw (AB) 517 wherein the HC has summarised the law regarding the effect of repealing the IPC and CrPC by BNS and BNSS, respectively.

Importantly, in another case decided by the same judge (Justice Monga), it was held that where an FIR is registered under Section 154 of CrPC before July 1, 2024, the entire subsequent investigation procedure and even the trial procedure concerning that FIR shall be governed by CrPC and not BNSS. This view is at odds with the opinion rendered by the Punjab & Haryana HC in the case of XXX v. State of UT, Chandigarh 2024 LiveLaw (PH) 252.

The case in brief

The petitioners, the accused in the FIR, and the complainant (respondent No. 2) are family members involved in a dispute concerning the estate of their late paternal grandmother, who was the mother of the complainant.

The complainant, who is the chacha of the petitioners, claimed that his two nephews (petitioners) forged their grandmother's Will and, following her death, fraudulently transferred the property into their names in the revenue records after conspiring with the revenue officials.

Challenging the FIR, the counsel for the petitioners argued before the HC that since the FIR in question was registered on July 27, the offences under the BNS should have been invoked and not of the IPC, which was repealed with effect from July 1, 2024.

On merits, it was argued that ex-facie, the contents of FIR do not make out the commission of any offence, and the FIR was liable to be quashed since it was a purely family dispute.

On the other hand, the state counsel justified that the FIR had been rightly registered under the IPC. It was categorically argued that even though the FIR was lodged on July 27, since the date of commission of alleged offence is October 5, 2021 (when the Will was allegedly forged / created by the accused), therefore, the sections of IPC were invoked.

However, the Public Prosecutor also argued that further investigation and procedural aspects would be carried out under the provisions of BNSS and not CrPC since the FIR was lodged after July 1, 2024.

Against the backdrop of these submissions, the Court framed the following questions of law, noting that they needed consideration and adjudication:

(a). Whether or not after enforcement of Bhartiya Nyaya Sanhita from 01.07.2024, an FIR can be registered under IPC for offences committed under the Indian Penal Code (IPC) before 01.07.2024?
(b). Whether or not qua offences committed before 01.07.2024 under the Indian Penal Code (IPC), an FIR can be registered under (BNS) after enforcement of Bhartiya Nyaya Sanhita (BNS) from 01.07.2024?
(c). Which procedure would apply to an FIR registered after enforcement of Bhartiya Nagrik Suraksha Sanhita (BNSS) for offences under IPC committed before 01.07.2024?

To answer the first question, the Single-judge did a combined reading of Article 20 of the Constitution of India and Section 358 of the BNS to conclude thus:

“a combined reading of Article 20 of the Constitution of India and aforesaid saving provisions of section 358 of the BNS amply show that the IPC shall apply to any obligation, liability, penalty or punishment accrued or incurred before 01.07.2024…in respect of the offences committed under the Indian Penal Code (IPC) before 01.07.2024, the offender can/has to be dealt with and punished under IPC even after enforcement of Bhartiya Nyaya Sanhita from 01.07.2024. Thus, it seems that for the offences committed under the Indian Penal Code (IPC) before 01.07.2024, FIR has to be registered under the IPC.”

In view of this, the Court held that if an FIR is registered on or after July 1, 2024, for an offence committed prior to that date, it has to be registered under the provisions of the IPC.

As a corollary, the Court further held that qua the offences committed before July 1, 2024, under the IPC, an FIR cannot be registered under (BNS) after the enforcement of BNS from 01.07.2024. Therefore, Question (b), which was framed by the Court, was also answered.

To hold thus, the Court also agreed with the observations made by the Allahabad High Court in the recent case of Deepu And 4 Others vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 517.

Regarding the question (c) framed by the Court, the single judge referred to Section 531(2)(a) of BNSS, which saves pending investigation, trial, appeal, application and enquiry as of July 1, 2024.

Section 531(2)(a) of BNSS is a savings clause that mandates that ongoing legal proceedings, including any appeal, application, trial, inquiry or investigation initiated under CrPC, must continue until the BNSS's provisions can be applied.

The Court noted that if no investigation was pending when BNSS came into force (July 1, 2024), then the saving clause 531(2)(a) of BNSS would not be attracted.

In light of this provision, the Court held that if any trial, appeal, revision, or application commences after July 1, 2024, it will proceed according to BNSS's procedure.

The Court further observed that even as per Section 157 Cr.P.C. (Section 176 BNSS), the investigation would start from the date of registration of FIR and hence, if the FIR itself is registered on or after July 1, 2024, i.e. after the enforcement of BNSS, the investigation would start only after its registration, i.e. after the enforcement of BNSS and the same would have to be conducted as per the provisions of BNSS.

In view of this, the Court concluded that the applicable procedure for an FIR registered on or after July 1, 2024, for offences under the IPC committed before July 1, 2024, shall be as prescribed in the Bhartiya Nagarik Suraksha Sanhita (BNSS).

“In view of the answers to the law question (a) and (b) rendered above, I am not inclined to accept the contention of the learned counsel for the petitioner that once the Indian Penal Code stands repealed with effect from 1 July 2024, no FIR can be registered invoking the offences under IPC provisions and on that short ground alone, the impugned FIR registered for offences under the IPC ought to be quashed, de-hors the merits of allegations contained therein,” the Court concluded.

Lastly, regarding the merits of the FIR in the case in hand, the Court found sufficient reasons/grounds to quash the impugned FIR, noting that it was an attempt to escalate a family property dispute into a criminal case.

The Court further emphasised that such disputes are to be resolved through civil litigation over inheritance rights, rather than through criminal charges.

The Court also found that the allegations in the FIR did not satisfy the essential legal elements of the offenses charged under Sections 420, 406, 467, 468, 471, and 120-B IPC, and hence, the FIR was quashed.