Back
SUMEET GOEL
...... – Appellant
Versus
State of U. T. Chandigarh – Respondent
Based on the provided legal document, the key points are as follows:
Repeal of Old Criminal Procedure Law: The Code of Criminal Procedure, 1973 (Cr.P.C., 1973) was explicitly repealed effective from 01.07.2024 by the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (!) (!) .
Transition Provisions and Savings: Proceedings initiated under the old law (Cr.P.C., 1973) before 01.07.2024 are to be continued and disposed of according to the old law, but any new proceedings initiated after this date are to be conducted under the new law (BNSS) (!) .
Effect on Pending Proceedings: Only proceedings pending before 30.06.2024 are eligible to be continued under the old law. Proceedings initiated on or after 01.07.2024 are governed by BNSS (!) (!) .
Applicability of the New Law: The provisions of BNSS, including its procedural rules, are mandatory from 01.07.2024 onward. This includes investigations, trials, and other legal processes related to offences under both BNSS and other laws, which are now to be dealt with according to BNSS (!) (!) (!) .
Specific Provisions for Repealed Laws: The repealing clauses explicitly state that the old laws, such as the Cr.P.C., 1973, are no longer in force for new proceedings, with only transitional provisions for cases initiated before the repeal date (!) (!) .
Impact on Filing and Maintenance of Petitions: Petitions, applications, or appeals filed on or after 01.07.2024 under the old laws are non-maintainable. Those filed before this date are to be disposed of under the old law, but if defects are cured after the repeal, they may be deemed invalid (!) (!) .
Constitutional Safeguards: The provisions of BNSS do not violate constitutional protections such as Article 20, which pertains to the prohibition of ex post facto laws for conviction or punishment, as the law primarily alters procedural aspects, not substantive rights (!) (!) .
Specific Case Context: The case involved a petition filed under Section 482 of Cr.P.C. for quashing an FIR and related proceedings. Since the petition was filed after the repeal of Cr.P.C., it was deemed non-maintainable, and the court dismissed it accordingly, emphasizing that new petitions must be filed under BNSS (!) .
In summary, the enactment of BNSS has resulted in the complete repeal of the Cr.P.C., 1973, effective from 01.07.2024. All new criminal proceedings from that date must be initiated and conducted under BNSS, while pending proceedings before that date are to be completed under the old law. Petitions filed after the repeal date under the old law are generally non-maintainable, emphasizing the importance of complying with the new procedural framework.
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:
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 refer
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.
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....
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 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....
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....
The court clarified that the statutory period for filing a charge-sheet under BNSS, 2023 is 90 days, overriding previous state amendments.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
