Only If Appeal Is 'Pending' Before Enforcement Of BNSS, Can It Be Continued Under CrPC: Delhi High Court's "Possible Interpretation"

Giving a “possible interpretation” of Section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita 2023, the Delhi High Court said that only if an appeal is pending before the new law came into force, can such an appeal be continued under the Cr.P.C.

Justice Anup Jairam Bhambhani said,

“As per the general, settled principle of law, an appeal is considered to be a continuation of the trial. However, the wording of section 531(2)(a) of the BNSS is amenable to a possible interpretation that if an appeal is pending before the coming into force of the BNSS, only then would such appeal be continued under the Cr.P.C.”

Meaning thereby, if an appeal is filed after enforcement of the new criminal laws, it will be governed by provisions of BNSS, even if the trial of such case was conducted under CrPC.

However, the Court has not decided the issue fully and has left it "open" to be considered subsequently. 

The court was dealing with an appeal filed by one S. Rabban Alam under section 415 of BNSS challenging the conviction and order of sentence passed on June 05 and July 05 respectively.

At the outset, Justice Bhambhani noticed that the appeal was filed under the BNSS, even though the investigation and trial happened under the Prevention of Corruption Act, 1988, and the Code of Criminal Procedure, 1973.

Court said that a plain reading of Section 531(2)(a) BNSS would show that if, before coming into force of the BNSS, there is any appeal, application, trial, inquiry or investigation "pending", then such appeal, application, trial, inquiry or investigation is required to be disposed of, continued, held or made in accordance with the Cr.P.C.

The court then admitted the appeal and issued notice in the same.

In the sentencing order, the trial court had observed that it was not a case fit for awarding maximum punishment to the convict and awarded simple imprisonment of 03 years to him for the offence under section 7 of the Prevention of Corruption Act, 1988. Simple imprisonment of 04 years was also awarded for the offence under section 13(1)(d) read with section 13(2) of the PC Act along with a fine of Rs.1 lakh on each count.

Justice Bhambhani suspended the sentence during the pendency of the appeal, considering Alam's age, state of health and the fact that maximum punishment imposed upon him was of 04 years simple imprisonment.

Notably, the Kerala High Court has issued directions that an appeal filed on or after July 01 2024 shall be governed by BNSS. It has also said that irrespective of whether the conviction was given on or before July 01 2024 or if the appeal is filed on or after the said date, BNSS is to be followed.

Counsel for Appellant: Mr. Shishir Mathur, Mr. Mohd. Ghulam and Ms. Muskan Tyagi, Advocates

Counsel for Respondent: Mr. Rajesh Kumar, SPP with Ms. Mishika Pandita, Advocate

Title: Shri S. Rabban Alam v. CBI Though Its Director

Citation: 2024 LiveLaw (Del) 797

Click here to read order