In a significant ruling, the Punjab and Haryana High Court has provided clarity on the implementation of the new criminal laws that will come into effect from July 1, 2024. Justice Sumeet Goel, in his judgment dated July 11, 2024, laid down important principles regarding the transition from the existing Code of Criminal Procedure (CrPC) to the new Bharatiya Nagarik Suraksha Sanhita (BNSS).
Case Background:
The ruling came in a petition (CRM-M-31808-2024) filed by an accused seeking quashing of an FIR registered against him on November 4, 2023 under Sections 406/498-A of the Indian Penal Code. The petition was initially filed on July 3, 2024 under Section 482 of the CrPC. However, with the new laws coming into effect from July 1, 2024, questions arose about the maintainability of the petition under the old CrPC.
Key Legal Issues:
1. Applicability of old CrPC vs new BNSS to pending and new cases
2. Interpretation of saving clauses in the new laws
3. Retrospective application of procedural laws
4. Rights of accused persons during transition
Court’s Ruling:
Justice Goel made the following key observations and rulings:
1. The CrPC 1973 stands repealed from July 1, 2024. No new appeals, applications, revisions or petitions can be filed under the old CrPC from that date.
2. All pending proceedings (appeals, applications, trials, inquiries, investigations) as on June 30, 2024 will continue to be governed by the old CrPC.
3. Any new proceedings initiated on or after July 1, 2024 must be under the new BNSS.
4. The saving clause in Section 531 of BNSS applies not just to appeals and applications, but also to revisions, petitions and complaints pending before magistrates.
5. There is no ambiguity in the legislative intent behind Sections 4 and 531 of BNSS regarding the transition.
6. Procedural law changes apply retrospectively, and accused persons have no vested right in any particular procedure.
Quoting from the judgment, Justice Goel observed:
“The new Laws will go a long way to pave way for a robust prosecution, striking balance between the State (society at large), victim as well as the accused. It will give more teeth to deterrence, justice as also the process of justice.”
On the interpretation of saving clauses, the court held:
“The provisions of Section 4 and Section 531 of BNSS, 2023 are mandatory in nature as a result whereof any appeal/application/revision/petition/trial/inquiry or investigation pending before 01.07.2024 are required to be disposed of, continued, held or made (as the case may be) in accordance with the provisions of Code of Criminal Procedure, 1973.”
Lawyers’ Arguments:
Mr. Ujwal Anand, advocate for the petitioner, argued that the petition filed under the old CrPC should be maintainable as the FIR was registered before BNSS came into force.
Mr. Manish Bansal, Public Prosecutor for UT Chandigarh, contended that the petition is not maintainable in view of BNSS coming into force.
