The petition under Section 175(3) of BNSS, 2023 is not maintainable after a charge-sheet is filed, and deceitful intimacy must be adjudicated under IPC as the substantive law prior to BNS enactment.

ORDER

The present criminal revision petition has been filed challenging the order dated 12.06.2025, passed by the learned Additional Mahila Court, Judicial Magistrate Level, Thiruchirappalli, in Crl.M.P. No.6806 of 2024, dismissing the petitioner’s plea under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to direct alteration of penal provisions to Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and to have the investigation monitored by the Commissioner of Police.

2. Factual Background:

The petitioner and the accused became acquainted through social media in November 2023, leading to a romantic relationship and repeated acts of sexual intimacy at different venues in November 2023, January 2024, and May 2024, allegedly on the false promise of marriage. On 10.06.2024, the petitioner conceived, but the pregnancy was aborted allegedly at the insistence of the accused. On 30.08.2024, the accused allegedly refused marriage outrightly. The petitioner attempted suicide in despair but was rescued. On the petitioner’s complaint, Crime No.24 of 2024 was registered on 22.09.2024, initially under Sections 417 and 420 IPC , later altered to , 376(2)(n), and 313 . A final report has since been filed before the learned Magistrate. The petitioner, however, filed Crl.M.P. No.6806 of 2024 under Section175(3) of BNSS, 2023, seeking alteration of the penal sections to Section 69 BNS, 2023, (sexual intercourse by deceitful means) and monitoring of the investigation. The learned Magistrate dismissed the petition, holding that once a charge-sheet is filed, the de facto complainant cannot insist upon alteration of sections through an application under Section175(3) of BNSS,2023.

3. Submissions:

Petitioner’s submissions:

The alleged refusal to marry on 30.08.2024 was subsequent to the commencement of BNS, 2023, and therefore offences under Section 6 9 of BNS, 2023, ought to apply. The deceit was continuous; hence Section 518 BNSS, 2023, on continuing offences applies.Relies on Sakiri Vasu v. State of U.P. (2008) 2 SCC 409 and Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage , SCC 409 2 (2016) 6 SCC 277 where the Hon’ble Supreme Court held that the Magistrate has ample power under Section156(3) CrPC, 1973, (now Section175(3) BNSS) to direct proper investigation, including correction of sections. Contends that the police wrongly recorded the offence period in Column 3 of the FIR, limiting it to Nov 2023–June 2024, while the deceit continued till 30.08.2024.

Respondents’ submissions:

All acts of sexual intercourse occurred prior to 01.07.2024 (the commencement of the new codes). Substantive offences are therefore governed by IPC , not BNS, in view of Article 20(1) of the Constitution and Section 6 of General Clauses Act, 1897 . Investigation has been completed; at this stage, the proper remedy lies in the trial court’s power to alter or add charges under Section 239 BNSS, 2023. The refusal to marry cannot be treated as a “continuing offence”; reliance is placed on State of Bihar v. Deokaran Nenshi , (1972) 2 SCC 890 .

4. Issues for Consideration: The following points arise for determination:

(i) Whether the petition under Section 175(3) of BNSS, 2023, is maintainable after a final report has been filed?

(ii) Whether the alleged conduct falls within the ambit of Section 69 of BNS, 2023, or continues to be governed by the IPC ?

(iii) Whether the doctrine of continuing offense extends the occurrence into the period after the BNS came into force?

(iv) Consequential relief.

5. Discussion:

5(i). Table of Extracted Provisions A. Constitution of India Article 20(1):

“No person shall be convicted of any offence exc