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VIJAY BISHNOI, DEVASHIS BARAUH
In Re: ... – Appellant
Versus
State Of Arunachal Pradesh – Respondent
JUDGMENT :
Vijay Bishnoi, C.J.
Heard Mr. T.J. Mahanta, learned Senior Counsel/Standing Counsel, Gauhati High Court, assisted by Ms. P. Sarma and Ms. P.P. Das, learned counsel for the petitioner. Also heard Mr. I. Chowdhury, learned Advocate General, Arunachal Pradesh, assisted by Mr. A. Chandran, learned Additional Senior Government Advocate, Arunachal Pradesh, appearing for the respondent No.1; Mr. D. Saikia, learned Advocate General, Assam, assisted by Mr. M. Phukan, learned Public Prosecutor, Assam and Ms. P. Barua, learned counsel appearing for the respondent No.2; Ms. M. Kechii, learned Additional Advocate General, Nagaland, appearing for the respondent No.3 and Ms. P. Bhattacharyya, learned Additional Advocate General, Mizoram, appearing for the respondent No.4.
2. This Bench is constituted to answer the following question referred to it by the learned Single Judge of this Court (Itanagar Permanent Bench) vide order dated 08.08.2024 passed in Crl.Petn. No.112/2024, BA No.78/2024, AB No.108/2024, AB No.110/2024, Crl.Petn. No.113/2024, Crl.Petn. No.115/2024 and Crl. Petn. No.116/2024 :
The court ruled that bail applications filed after the BNSS's enforcement for FIRs registered before its enactment must comply with the BNSS provisions, emphasizing the retrospective application of p....
The court established that pending matters under the CrPC, 1973, are preserved by the BNSS, 2023, while new incidents post-enactment must adhere to the BNSS.
FIRs for offences committed before new laws must be registered under IPC, with investigations following BNSS procedures.
Crime and investigation – If any offence is committed prior to enforcement of new criminal laws, then if F.I.R. is registered after enforcement of new criminal laws, then same will be registered unde....
The repeal of the Code of Criminal Procedure, 1973, effective from 01.07.2024, mandates that all new petitions must be filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.
The savings clause in Section 531(2)(a) of the BNSS ensures that ongoing investigations initiated under the Cr.P.C. prior to the enactment of the BNSS are governed by the old law, thereby maintaining....
(1) Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 531(2)(a) – Not only pending trial / appeal, but even an inquiry and/or investigation, which is underway prior to coming into force of BNSS, sha....
FIR registered under wrong law can be quashed but complaint can be retained and filed afresh under right law.
The court clarified that the statutory period for filing a charge-sheet under BNSS, 2023 is 90 days, overriding previous state amendments.
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