ANANDA SEN, SUBHASH CHAND
Court on its own Motion – Appellant
Versus
Union of India – Respondent
JUDGMENT :
An issue which has been noted below needs utmost attention and is of concern, thus, we are taking up the same suo moto.
2. Today is a red letter day for the Indian Legal System. Three new laws, i.e., (1) Bhartiya Nagrik Suraksha Sanhita 2023; (2) Bhartiya Nyaya Sanhita, 2023 and Bhartiya Sakshya Sanhita is seeing the light of the day. All these three laws has been made effective from today, i.e., 1st July, 2024, replacing the Code of Criminal Procedure, 1973; Indian Penal Code, 1860 and Indian Evidence Act, 1872.
3. Since these three laws have entirely changed, several publishers have come forward to publish Bare Acts and Criminal Manuals. There are numerous publishers in the market and there is huge demand for these Bare Acts. Publishers have also printed these Bare Acts in huge quantity and the same have been and are being purchased by large number of people, including Advocates, Courts, Libraries, and Law Enforcing Agencies and several institutions. Thus, any publication of these laws are expected to be without any error. Any small error at any place will have a huge impact on interpretation of the law and also their applications. A small typographical error or an omissi
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 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.
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....
FIRs for offences committed before new laws must be registered under IPC, with investigations following BNSS procedures.
State amendments in anticipatory bail provisions were impliedly repealed upon the enactment of new legislation, necessitating clarity on the maintainability of such applications in light of recent le....
The Prevention of Money Laundering Act's references to IPC provisions remain valid and dynamically interpretative, applying to corresponding sections of the Bharatiya Nyaya Sanhita after repeal.
State notification deemed to amend cognizability status of offenses under Bharatiya Nyaya Sanhita; mala fide motives behind F.I.R. questioned.
Point of law : The rule of construction laid down in Section 8 of the General Clauses Act, 1897 also requires that reference to the repealed enactment made in any instrument be construed as reference....
(1) Anticipatory bail application – Entertainment of an application directly by High Court is for consideration of Judge before whom petition is placed – There is no absolute bar that a person who ha....
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....
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