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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, HARPREET SINGH BRAR
Ram Chander – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Factual Backdrop of the case/reference.
1. An application bearing No. CRM-34396-2024 became preferred on 23.08.2024 by respondent No.2 under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in CRM-M-33899-2024), which corresponds to the therebys now replaced w.e.f. 01.07.2024, thus Section 482 of the Cr.P.C. The relief claimed thereins was for setting aside/staying the operation of the interim order dated 18.07.2024, wherebys, interim bail in petition bearing No. CRM-M-33899-2024, was granted, thus to the non-applicant/petitioner, in case arising out of FIR No.257 dated 01.05.2024, registered under Sections 450, 376(2)(n), 376 AB IPC and under Section 6 of the Protection of Children from Sexual Offences Act, 2012, thus, at Police Station Azad Nagar, Hisar.
2. For the sake of convenience, the sequence of events in the said case, are enumerated in the hereinafter extracted table.
Date of Registration of FIR | 01.05.2024 |
Date of filing of bail application/petition under Section 438 Cr.P.C. | 15.07.2024 |
Date of grant of interim bail by this Court | 18.07.2024 |
Date of applicability of the new criminal laws | 01.07.2024 |
3. The learned Single Bench while being seize
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....
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 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.
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....
(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....
The court clarified that the statutory period for filing a charge-sheet under BNSS, 2023 is 90 days, overriding previous state amendments.
Anticipatory bail can be granted even after a charge-sheet is filed, and inherent powers under Section 482 Cr.P.C. can be invoked to prevent abuse of process and secure justice.
The court established that a right to hearing under the Bharatiya Nagarik Suraksha Sanhita applies, requiring courts to afford such hearing before taking cognizance of offences against the accused.
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