IMPORTANT POINT
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.

JUDGMENT :

Anoop Chitkara, J.

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 The CrPC, 1973, was repealed with effect from midnight of June 30, 2024, and was replaced by the BNSS, 2023.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 At 00:00:00 hours of 01-Jul-2024, [midnight], the ‘Code of Criminal Procedure, 1973’ [Cr.P.C.] stood repealed, and ‘The Bharatiya Nagarik Suraksha Sanhita, 2023’ came into force.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(1) The Indian Penal Code is hereby repealed.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) Notwithstanding the repeal of the Code referred to in sub-section (1), it shall not affect:

(a) the previous operation of the Code so repealed or anything duly done or suffered thereunder.

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Code so repealed.

(c) any penalty, or punishment incurred in respect of any offences committed against the Code so repealed.

(d) any investigation or remedy in respect of any such penalty, or punishment.

(e) any proceeding, investigation or remedy in respect of any such penalty or punishment as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Code had not been repealed.

(3) Notwithstanding such repeal, anything done or any action taken under the said Code shall be deemed to have been done or taken under the corresponding provisions of this Sanhita.

(4) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act,1897 with regard to the effect of the repeal.

4. A perusal of the above concludes that Indian Penal Code, 1860 eclipsed on the mid night of June 30, 2024, and the application of the Bharatiya Nyaya Sanhita, 2023 started to apply to all the incidents that have taken place w.e.f. 00:00:01 hours of July 01, 2024.

5. Section 531 of the BNSS, 2023, reads as follows:

531. (1) The Code of Criminal Procedure, 1973 is hereby repealed.

(2) Notwithstanding such repeal:

(a) if, immediately before the date on which this Sanhita comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1973, as in force immediately before such commencement (hereinafter referred to as the said Code), as if this Sanhita had not come into force.

(b) all notifications published, proclamations issued, powers conferred, forms provided by rules, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the said Code and which are in force immediately before the commencement of this Sanhita, shall be deemed, respectively, to have been published, issued, conferred, specified, defined, passed or made under the corresponding provisions of this Sanhita.

(c) any sanction accorded or consent given under the said Code in pursuance of which no proceeding was commenced under that Code, shall be deemed to have been accorded or given under the corresponding provisions of this Sanhita and proceedings may be commenced under this Sanhita in pursuance of suc