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2024 Supreme(P&H) 544

ANOOP CHITKARA
Arshdeep Singh alias Arsh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sant Pal Singh Sidhu.
For the Respondent: Swati Batra DAG, Karanyog Singh Riar.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The transition from the Criminal Procedure Code, 1973 (CrPC) to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) was effected from midnight of June 30, 2024, with the BNSS coming into force on July 1, 2024 (!) (!) .

  2. The BNSS includes a savings clause that explicitly states that pending applications, appeals, investigations, inquiries, and trials initiated before July 1, 2024, under the CrPC, shall continue to be governed by the CrPC, not the BNSS (!) (!) .

  3. Incidents, investigations, or proceedings that occur after July 1, 2024, are to be governed by the BNSS, with the law applying based on the date of registration or initiation of the case, unless they are specifically saved under the provisions of the BNSS (!) (!) .

  4. Pending matters under the CrPC, such as appeals, applications, or investigations, that were ongoing before July 1, 2024, are to be continued under the CrPC, as per the express provisions of the BNSS savings clause (!) (!) .

  5. Applications or proceedings filed after July 1, 2024, must be filed under the BNSS, and any procedural defects or delays cured after this date will not relate back to the earlier law; the law applicable is determined by the date of initial filing or registration (!) (!) .

  6. The law emphasizes that any criminal investigation, trial, or appeal initiated after the commencement of BNSS should be conducted under the BNSS, and proceedings under the CrPC, 1973, initiated after this date, are not maintainable unless explicitly saved (!) (!) .

  7. The repeal of the CrPC and the Indian Penal Code (IPC) means that substantive proceedings relating to offenses committed after June 30, 2024, are to be governed by the BNSS, and petitions filed under the old laws for incidents occurring after this date are generally not valid, unless they are specifically saved or permitted under transitional provisions (!) (!) .

  8. In cases where applications or petitions are filed under the wrong law post-enactment, courts may convert or treat these filings under the appropriate provisions of the BNSS, ensuring procedural correctness while safeguarding the rights of the parties (!) .

  9. The law provides for interim relief, including stays on arrest, to enable parties to file the correct proceedings under the BNSS, especially when filings are made under the old law inadvertently or due to procedural issues (!) .

  10. Overall, the legal framework establishes a clear demarcation: proceedings related to offenses or incidents prior to July 1, 2024, are governed by the CrPC, while those occurring after are governed by the BNSS, with specific transitional provisions to manage ongoing cases (!) (!) .

Please let me know if you need further analysis or specific legal advice regarding this document.


JUDGMENT :

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

80

19.07.2024

Bhikhiwind, District Tarn Taran, Punjab

Sections 108 and 61of BNSS, 2023 and 27 of the Arms Act, 1959

1. The petitioners, apprehending arrest for an incident dated July 18, 2024, as mentioned in the FIR captioned above, have come up before this Court under Section 438 of the CrPC, 1973. The CrPC, 1973, was repealed with effect from midnight of June 30, 2024, and was replaced by the BNSS, 2023.

2. Vide notification number S.O. 850(E), dated 23rd February 2024, the Central Government appointed the first day of July 2024 as the date on which the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 [BNSS], except the provision of sub-section (2) of section 106, shall come into force. At 00:00:00 hours of 01-Jul-2024, [midnight], the ‘Code of Criminal Procedure, 1973’ [Cr.P.C.] stood repealed, and ‘The Bharatiya Nagarik Suraksha Sanhita, 2023’ came into force.

3. Chapter XX and Section 358 of the Bharatiya Nyaya Sanhita, 2023 [BNS], reads as follows:

    CHAPTER XX

REPEAL AND SAVINGS

358. Repeal and Savings

(1) The Indian Penal Code is hereby repealed.

(2) Notwithstand

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