Trial/Investigation For FIR Lodged Before Enforcement Of New Criminal Laws To Be Governed By CrPC, Not BNSS: Rajasthan High Court

“We are concerned here only with the savings clause contained in sub section 531(2)(a). A perusal thereof clearly reflect that, not only the pending trial / appeal, but even an inquiry and/or investigation, which is underway prior to coming into force of the BNSS, shall have to be dealt with in accordance with the provisions of Cr.P.C., 1973 and not under the BNSS, 2023.”

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 under that until the BNSS's provisions can be applied.

Only recently, the Punjab and Haryana High Court held that if a FIR is lodged under IPC but the application or petition in relation to it is filed after July 01, then provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which has replaced Criminal Procedure Code, will be applicable.

The Bench of Justice Arun Monga was addressing a petition filed on July 1 2024 under BNSS, seeking judicial oversight into the investigation of FIR. The Court observed that earlier the petition was filed under CrPC but on an objection raised by the registry of the Court, it was converted into one under Section 528 of BNSS. Overruling the objection raised by the registry, the Court ruled that what needed to be considered was the date of filing the FIR and the law applicable on that date. In the present case, since the FIR was registered prior to the application of BNSS, it would be governed under CrPC, Court held.

The Court said that Section 531 of BNSS envisages crucial savings provision which is essential for the transition period. This was because, a complete repealing of an old legislation without such a clause would lead to legal uncertainties regarding ongoing legal proceedings and would also adversely affect the rights established under the old code. The Court further opined that the savings clause was important for ensuring that justice was neither delayed nor denied due to procedural changes.

“Rights of the accused in an FIR and/or under trials and/or convicts under appeal and the legal expectations formed under the old law have been and are required to be protected. Applicability of old code on pending matters prevents any retrospective adverse effects that might arise from the sudden application of new legal provisions to ongoing cases.”

In this background, the Court invoked Section 531(2)(a) of BNSS to treat the petition as under CrPC.

Title: Krishna Joshi v State of Rajasthan & Ors.

Citation: 2024 LiveLaw (Raj) 155

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