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.

JUDGMENT

Mr. Sumeet Goel, J.

The present petition has been filed, under Section 482 of Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C') for quashing of FIR No. 71 dated 04.11.2023 registered at Police Station, Sector 17, Women Cell, Chandigarh under Section 406/498A of IPC 1860; final report under Section 173 of Cr.P.C., 1973 presented therein as also all the proceedings emanating therefrom.

2. On 08.07.2024, the following order was passed:

"Notice of motion, at this stage, to respondent No.1-U.T. Chandigarh.

At the asking of the Court, Mr. Manish Bansal, P.P. U.T., Chandigarh with Ms. Diksha Sharma, Advocate appears and accepts notice for respondent No.1-U.T., Chandigarh.

Learned counsel for the rival parties are directed to make submissions qua maintainability of the instant petition which has been filed under Section 482 of Cr.P.C., 1973.

Adjourned to 10.07.2024.

To be shown in the urgent list. "

3. Learned Public Prosecutor, U.T. Chandigarh has raised a preliminary objection/submission that the instant petition, filed on 03.07.2024, under Section 482 of Cr.P.C. is not maintainable in view of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as 'BNSS') coming into force w.e.f. 01.07.2024 and the Cr.P.C. having been repealed w.e.f. the same date i.e. 01.07.2024. Learned Public Prosecutor has submitted that; in view of mandatory provisions contained in Section 531 and Section 4 of BNSS; the instant petition deserves to be dismissed as being non-maintainable.

4. Controverting the above-said preliminary submission/objection; learned counsel for the petitioner has submitted that the instant petition is maintainable as the same has been filed under Section 482 of Cr.P.C. since the impugned FIR was registered on 04.11.2023 i.e. much before the BNSS came into force. In another words, learned counsel for the petitioner has argued that any petition filed in respect of an FIR registered before 01.07.2024, is required to be filed under Cr.P.C. itself.

5. The prime legal issue that arises for consideration is as to whether the instant petition, filed on 03.07.2024, under Section 482 of Cr.P.C. is maintainable in view of the BNSS being brought into force w.e.f. 01.07.2024 and Cr.P.C. having been repealed w.e.f. 01.07.2024.

6. Relevant Statute

The Bharatiya Nagarik Suraksha Sanhita, 2023

The introduction to this Statute reads as under:

"Introduction

The first Code of Criminal Procedure was enacted in 1898 in the British India. It was replaced by a new Act, namely, 'the Code of Criminal Procedure, 1973 (2 of 1974)', encompassing extensive changes.

The Code of Criminal Procedure, 1973 underwent several amendments during the course of the time. However, it was widely viewed that the existing Act required complete overhaul so as to make it more contemporary as well as in line with technological advancements

A Bill, the Bharatiya Nagarik Suraksha Sanhita, 2023, was introduced in the Lok Sabha on 11th August, 2023. It was referred to the Standing Committee on Home affairs.

A new Bill, incorporating several recommendations, was further introduced in the Lok Sabha on 12th December, 2023 and the old Bill was withdrawn. The new Bill was passed in the Lok Sabha on 20th December, 2023 and, in the Rajya Sabha on 21st December, 2023. It received the assent of the President on 25th December, 2023, and came on the statute book as The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).

The new Act, the Bharatiya Nagarik Suraksha Sanhita, 2023, inter alia, provides for the use of technology and forensic sciences in the investigation of crime as well as in furnishing and lodging of information, service of summons, etc., through electronic communication. Specific timelines have also been prescribed for time bound investigation, trial and pronouncement of judgments. The magisterial system has also been streamlined.

The statement of objects and reasons reads as well:

Statement of Objects and Reasons

The Code of Criminal P