Chandigarh, July 2, 2024 – In a pivotal ruling, the Punjab and Haryana High Court has addressed a crucial legal question concerning the applicability of procedural law to time-barred petitions filed before the enforcement of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, on July 1, 2024. The court’s decision clarifies whether such petitions, if delay is condoned after July 1, will be governed by the old Code of Criminal Procedure (CrPC), 1973, or the new BNSS, 2023.
Case Background
The case, CRR No. 2914 of 2023 (O&M), involves petitioner Mandeep Singh, who was convicted under Section 138 of the Negotiable Instruments Act, 1881, by both the trial court and the sessions court. Represented by Mr. P.S. Sekhon, Advocate, Singh filed a revision petition under Section 401 of the CrPC on December 15, 2023. However, the petition was filed beyond the statutory limitation period of 90 days, leading Singh to file an application for condonation of delay under Section 5 of the Limitation Act, 1963.
Legal Issues
The central legal issue in this case was whether the revision petition, technically not pending due to being time-barred, would be governed by the CrPC, 1973, or BNSS, 2023, if the delay in filing was condoned after July 1, 2024. This issue arose due to the enactment of the BNSS, which repealed the CrPC effective from July 1, 2024.
Court’s Decision
Justice Anoop Chitkara presided over the case and made several significant observations. The court first allowed the delay application, thereby extending the time to file the revision petition. The crux of the ruling revolved around Section 531 of the BNSS, 2023, and Section 6 of the General Clauses Act, 1897.
Section 531 of the BNSS states that any appeal, application, trial, inquiry, or investigation pending as of June 30, 2024, will continue to be governed by the CrPC, 1973. Justice Chitkara noted that the petitioner’s revision application, though filed late, was pending as a delay condonation application before July 1, 2024.
Quoting Section 6 of the General Clauses Act, Justice Chitkara observed:
“No right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment which has been repealed shall be affected by such repeal.”
The court further referenced a landmark judgment from the Punjab and Haryana High Court in National Planners v. Contributories, AIR 1958 Punjab 230, which emphasized that repealed statutes do not affect pending actions unless explicitly stated.
Justice Chitkara concluded:
“The effect of condonation of delay is that the delay is forgiven, and the plea is treated as filed within the limitation period; thus, it would relate back to the date on which the limitation expired.”
Conclusion
The Punjab and Haryana High Court ruled that since the delay application was allowed, the petition would be adjudicated under Section 401 of the CrPC, 1973, and not under the BNSS, 2023. This decision ensures continuity and stability in legal proceedings, preventing the abrupt transition to new procedural laws from affecting ongoing cases.
The case is now listed for further hearing on July 4, 2024.
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Judge: Justice Anoop Chitkara
Petitioner: Mandeep Singh
Respondents: Kulwinder Singh and State of Punjab
Case Number: CRR No. 2914 of 2023 (O&M)
Lawyers: Mr. P.S. Sekhon (for Petitioner), Mr. Abhay Gupta (for Respondent No. 1), Mr. T.P.S. Walia, and Ms. Swati Batra (for State of Punjab)
