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Scanned Judgements…!
Benefit of Section 439(3) BNSS Cannot Be Granted for Offenses Committed Prior to Enactment
Section 439(3) BNSS Limitation - The provision explicitly states that the benefit of bail under Section 439(3) BNSS cannot be granted for offenses committed before the enactment of BNSS 2023. This means that the special bail provisions introduced in BNSS 2023 are prospective and do not apply retroactively. ["Suman vs State of Haryana - Punjab and Haryana"], ["SIMRANJEET KAUR Vs STATE OF HARYANA - Punjab and Haryana"], ["MANPREET KAUR @ GURTEJ KAUR Vs STATE OF PUNJAB - Punjab and Haryana"], ["Kulwinder Kaur vs State of Punjab - Punjab and Haryana"]
Main Points and Insights:
Courts have consistently held that the special bail provisions introduced in BNSS 2023 are not applicable to offenses committed before its enactment, and the law's intent is to restrict bail benefits to post-enactment offenses only. ["Suman vs State of Haryana - Punjab and Haryana"], ["SIMRANJEET KAUR Vs STATE OF HARYANA - Punjab and Haryana"], ["MANPREET KAUR @ GURTEJ KAUR Vs STATE OF PUNJAB - Punjab and Haryana"]
Analysis and Conclusion:
The introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, effective from July 1, 2024, has replaced the Code of Criminal Procedure (CrPC), 1973, sparking confusion over procedural applications for offenses committed prior to its enactment. A common query arises: For a perjury offense committed prior to the enactment of BNSS, do we file applications (like bail or quashing) under the CrPC or BNSS?
This transition raises critical questions about retrospectivity, savings clauses, and judicial interpretations. Understanding this can prevent procedural errors and ensure compliance. This post explores the legal landscape, drawing from key judgments and principles. Note: This is general information, not specific legal advice. Consult a qualified lawyer for your case.
The BNSS repeals the CrPC but includes Section 531, a savings clause that preserves certain proceedings under the old code. As observed in Chowgule And Company Pvt Ltd vs The Public Prosecutor State Of Goa - 2024 Supreme(Online)(BOM) 5094, the saving clause in Section 531 of BNSS 2023 clearly and unambiguously save the investigation pending prior.... This means pending investigations continue under CrPC provisions, but new applications post-enactment may invoke BNSS where applicable. Chowgule And Company Pvt Ltd vs The Public Prosecutor State Of Goa - 2024 Supreme(Online)(BOM) 5094
For offenses like perjury (under Section 193 IPC, now corresponding BNS provisions), committed before July 1, 2024:- Substantive law: Bharatiya Nyaya Sanhita (BNS) applies prospectively unless specified.- Procedural law: Generally prospective, but savings protect ongoing matters.
Judicial precedents emphasize that procedural amendments operate prospectively unless explicitly retrospective. Similar to Section 439(3) CrPC, inserted via 2013 amendments, benefits do not extend to pre-amendment offenses. U. J. S. Chopra VS State Of Bombay - 1955 0 Supreme(SC) 31
The core principle is that benefits or new procedural provisions under BNSS do not apply retrospectively to offenses committed before its enactment. Courts have clarified:
The benefit of Section 439(3) of the Criminal Procedure Code, 1973 (Cr.P.C.) cannot be granted in cases where the offense was committed prior to the enactment of the relevant amendments... U. J. S. Chopra VS State Of Bombay - 1955 0 Supreme(SC) 31
Section 439(3) CrPC, effective April 3, 2013, governs suspension of sentence and bail in appeals—procedural benefits deemed prospective. STATE OF BIHAR VS RAJBALLAV PRASAD @ RAJBALLAV PD. YADAV @ RAJBALLABH YADAV - 2016 8 Supreme 323 Analogously, for BNSS equivalents (e.g., Section 480 for bail), pre-enactment perjury cases fall under CrPC unless the savings clause or judgment specifies otherwise. Sasti Charan Mondal VS State - 1974 0 Supreme(Cal) 141
In perjury cases (false statements under oath), if the offense predates BNSS, applications like bail under Section 439 CrPC (now 483 BNSS) typically invoke old provisions for pending matters.
Section 531 BNSS is pivotal. In Chowgule And Company Pvt Ltd vs The Public Prosecutor State Of Goa - 2024 Supreme(Online)(BOM) 5094, the court held: Even the aid to Section 344 of the old Code would not be helpful... Thus the saving clause in Section 531 of BNSS 2023 clearly and unambiguously save the investigation pending prior. Investigations and trials pending on July 1, 2024, continue under CrPC. However, new applications post-enactment may shift:
But in Naseem Ahmad vs State of U.P. - 2025 Supreme(All) 40, post-BNSS quashing applications must use Section 528 BNSS, not Section 482 CrPC: Post-enforcement of BNSS, applications challenging criminal proceedings must be filed under Section 528 of BNSS, not Section 482 Cr.P.C.
Consider these examples:
In Manjula Daughter of Late Rati Kanta Sarma vs State of Assam Represented by The Commissioner and Secretary - 2025 Supreme(Gau) 609, exhaust remedies under CrPC/BNSS before writs: mandatory SP application for FIR refusal.
| Scenario | Applicable Code | Key Reference ||----------|-----------------|---------------|| Pending Probe | CrPC (savings) | Chowgule And Company Pvt Ltd vs The Public Prosecutor State Of Goa - 2024 Supreme(Online)(BOM) 5094 || New Quashing | BNSS §528 | Naseem Ahmad vs State of U.P. - 2025 Supreme(All) 40 || Bail Post-Arrest | BNSS §483 (if post) | Banne Singh S/o Dashrath Singh vs State Of Rajasthan - 2025 Supreme(Online)(Raj) 11054 || Anticipatory | BNSS §482 | DEVJIBHAI JESANGBHAI HARIJAN V/s STATE OF GUJARAT - 2025 Supreme(GUJ) 311 |
State Of Karnataka By Kavoor Police Station, Represented By The State Public Prosecutor VS Kalandar Shafi S/O Late Ismmail - 2024 Supreme(Kar) 593 Limits police custody to 15 days in first 40 for ≤10-year offenses, favoring accused liberty.
For perjury offenses before BNSS, generally file under CrPC for pending matters due to savings, but new applications may use BNSS equivalents. Procedural laws are prospective, mirroring CrPC 2013 amendments. STATE OF BIHAR VS RAJBALLAV PRASAD @ RAJBALLAV PD. YADAV @ RAJBALLABH YADAV - 2016 8 Supreme 323U. J. S. Chopra VS State Of Bombay - 1955 0 Supreme(SC) 31
Takeaways:- Leverage Section 531 BNSS for transitions.- Prioritize offense date and proceeding stage.- Courts favor timely, statute-compliant filings.
Stay updated on judgments; the new regime aims for efficiency but respects vested rights. For tailored advice, engage legal experts.
References: Listed inline; full texts via court databases.
#BNSSCrPC #PerjuryLaw #LegalTransitionIndia
There cannot be a divided application of proviso to Section 437 , while exercising the power under Section 439. ... The power under Section 439 of the Code is exercised against an order rejecting an application for bail and against an offence exclusively decided by the Court of Sessions. ... on the ground that the crime committed is serious. ... It is pertinent to mention herein that th....
The power under Section 439 of the Code is exercised against an order rejecting an application for bail and against an offence exclusively decided by the Court of Sessions. There cannot be a divided application of proviso to Section 437, while exercising the power under Section 439. ... The petitioner is a lady aged about 34 years (as per memo of parties), hence, bail petition ought to be considered in vi....
Even the aid to Section 344 of the old Code would not be helpful. In such decision, the Apex Court observed that remaining Accused persons were not entitled to claim benefit of Section 167 (2) (a) of Cr.P.C. 1973 for claiming default bail. 63. ... Thus the saving clause in Section 531 of BNSS 2023 clearly and unambiguously save the investigation pending prior#....
in prolonged custody for an offence that he or she might not even have committed. ... Under Section 167 of the Code of Criminal Procedure, 1898 (“the 1898 Code”) which was in force prior to the enactment of the CrPC, the maximum period for which an accused could be remanded to custody, either police or judicial, was 15 days. ... SUMMARY OF FINDINGS: (i) A slight tweak in the new regime qua 187(#HL_START....
(v) Bail was granted in respect of offence under Section 118(1) of BNS, But, now the Section 118(2) of BNS being added, on the ground LW.3 received grievous injuries. (vi) Wound Certificate not produced. ... The Court in exercise of power under Section 437(5) as well as Section 439(2) can direct the person who has already been granted#HL_END....
Bail - Regular Bail - Cr.P.C. 1973, Section 439; BNSS 2023, Section 480 - The court interpreted the provisions ... Chandigarh and another, 2024 PHHC 085784 [(CRM-M-31808-2024] the instant petition is not maintainable under Section 439 of Cr.P.C. 1973. ... The petitioner is a lady aged about 48 years hence her bail petition ought to be considered in view of proviso to Section 480(2) #HL_....
Order 23/05/2025 This application for bail under Section 483 of BNSS (439 Cr.P.C.) has been filed by the petitioners who have been arrested in connection with F.I.R. ... Consequently, the bail application under Section 483 of BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-petitioners Banne Singh S/o Dashrath Singh, Revant Singh S/o Sh. Hari Singh, Dheer Singh S/o Sh. ... ....
The power under Section 439 of the Code is exercised against an order rejecting an application for bail and against an offence exclusively decided by the Court of Sessions. There cannot be a divided application of proviso to Section 437, while exercising the power under Section 439. ... The petitioner is a lady aged about 25 years (as per memo of parties), hence, instant bail petition ought to be consider....
Order 28/01/2025 This application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. ... Consequently, the present second bail application under Section 439 Cr.P.C. (483 BNSS) is allowed. It is ordered that the accused-petitioner- Chand Singh S/o Sh. Harnam Singh, arrested in connection with F.I.R. ... Lastly,....
The power under Section 439 of the Code is exercised against an order rejecting an application for bail and against an offence exclusively decided by the Court of Sessions. There cannot be a divided application of proviso to Section 437, while exercising the power under Section 439. ... on the ground that the crime committed is serious. ... The appellant is a lady aged about 39 years (as....
a. First, the requirement of making an application to the Superintendent of Police upon refusal by the officer in charge of a police station to lodge the FIR has been made mandatory, and the applicant making an application under Section 175[3] is required to furnish a copy of the application made to the Superintendent of Police under Section 173[4], supported by an affidavit, while making the application to the Magistrate under Section 175[3]. 31. A comparison of Section 175[3] of th....
Post-enforcement of BNSS, applications challenging criminal proceedings must be filed under Section 528 of BNSS, not Section 482 Cr.P.C. 1. Heard Sri Pradeep Kumar, learned counsel for the applicants, Sri Pankaj Saxena, learned A.G.A for the State and perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 23.04.2023 as well as cognizance/summoning order dated 23.05.2024 and further proceedings of Case Crime ....
[1.0] By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”), the applicant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11993010250004 of 2025 registered with Rapar Police Station, Dist. Kachchh (East) Gandhidham, for the offences punishable under Section s 4 (3) and 5(C) of Gujarat Land Grabbing (Prohibition) Act, 2020 . (HASMUKH D. SUTHAR, J.) RULE. Learned APP waives ser....
31. The contention of Mr. Thatte, that second proviso of Sub- Section (1) of Section 479 of BNSS will not apply to the first proviso on the ground that the said second proviso mentions about one-half of the said period is not correct and legal submission. The said one-half period of imprisonment is mentioned in the second proviso as the main section i.e. Section 479(1) provides that if the undertrial prisoner has completed one-half of the maximum period of imprisonment, then he shall be releas....
16. It is also to be noticed that the co-accused persons namely Avinash Kumar and Yogendra Kumar have been enlarged on bail by the co-ordinate Bench of this Court vide order dated 18.05.2023 on the ground of delay in trial but case of the petitioner are clearly distinguishable from that of the case of co- accused persons and he cannot claim entitlement to bail on the ground of parity for the simple reason that the delay in trial is solely attributable to the petitioner and he should have surre....
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