In a pivotal update, the Central Government has issued a notification stating that all references to the Indian Penal Code (IPC), 1860, Code of Criminal Procedure (CrPC), 1973, and the Indian Evidence Act, 1872, in existing laws will now be read as references to their respective replacements—the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA).
This significant move, executed by the Ministry of Law and Justice, comes as part of the powers conferred by Section 8 of the General Clauses Act 1897. Under Section 8, any mention of repealed statutes in existing regulations will automatically be considered as a reference to the newly enacted laws. This provision ensures a seamless transition and continuity in the legal framework, despite the replacement of these cornerstone statutes.
Interestingly Yesterday in the Allahabad High Court at Lucknow the Bench of Justice Abdul Moin was hearing a fresh matter where a Criminal Appeal was filed in a SC- ST Act matter. The Counsel representing the Appellant submitted that Section 14A of the SC-ST Act begins with the word Notwithstanding anything contained in the “Criminal Procedure Code” and there has been no amendment in the SC-ST Act to replace CrPC with BNSS, therefore the Section 14A has become redundant and all the appeals arising out of SC-ST Act proceedings will be filed under BNSS not SC-ST Act.
After hearing the Court called upon the Government Lawyers as well as members of the bar to assist the court on this issue and placed the matter for Thursday for further hearing.
Adv Rajat Rajan Singh, appearing before the court in another matter submitted before the court that Section 8 of the General Clauses Act takes care of such a situation, and whenever a new law is enacted by repealing old one, as per section 8 the references to old law in other enactments will be construed as reference to repealing law.
However this notification of the Central Government finally puts the question at rest.
