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BNSS and CrPC: Which Will Continue?
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Procedural Continuity Under BNSS and CrPC
The Bharatiya Nyaya Sanhita (BNSS), 2023, stipulates that proceedings initiated before its enforcement, such as investigations, trials, appeals, and applications, will continue under the old Code of Criminal Procedure, 1973 (CrPC). Specifically, Sections 531(2)(a) and related provisions clarify that pending matters prior to BNSS coming into force will be governed by CrPC, ensuring procedural consistency and avoiding disruptions SMT. THARA PEETHAMBARAM vs STATE OF KARNATAKA - Karnataka, S.Sivaramakrishnan vs The State Represented by the Sub – Inspector of Police - Madras, Krishan Joshi VS State of Rajasthan, Through Director General of Police - Crimes. -
Application of Old vs. New Law in Specific Cases
The courts have emphasized that cases initiated before BNSS's enforcement, including FIRs, bail applications, and appeals, will continue under the CrPC, unless explicitly stated otherwise. For example, bail applications filed before enforcement are to be processed under CrPC, and FIRs registered prior to BNSS will also be continued under the old law In Re: XXX VS State Of Arunachal Pradesh - Gauhati, Deepu VS State of U. P. - Crimes, Deepu VS State of Uttar Pradesh - Allahabad. -
Handling of Proceedings Post-Death of Complainant or Accused
The legal framework allows the continuation of proceedings even after the death of a complainant or accused. Legal heirs or representatives can proceed with the case, and summons or investigations can continue accordingly under BNSS or CrPC depending on the case's timing Ram Avtar Agarwal vs State of U.P. - Allahabad. -
Interpretation of Saving Clauses and Transitional Provisions
The courts interpret the BNSS's transitional provisions as saving all ongoing proceedings that commenced under CrPC. The enforcement date of BNSS is critical; cases pending before that date are to be continued under the old law, with no immediate need for re-initiation under BNSS S.Sivaramakrishnan vs The State Represented by the Sub – Inspector of Police - Madras, Sanjit Kar S/o Shyama Pada Kar VS State Of AP represented through Public Prosecutor - Gauhati. -
Implications for Investigations and Appeals
Investigations initiated before BNSS's enforcement will proceed under CrPC, and any appeals or legal remedies will also follow the old code unless explicitly directed otherwise. The FIRs registered prior to BNSS will be investigated under the provisions of CrPC, ensuring procedural continuity Deepu VS State of U. P. - Crimes, SMT. THARA PEETHAMBARAM vs STATE OF KARNATAKA - Karnataka.
Analysis and Conclusion
The overarching principle is that all proceedings initiated before the enforcement of BNSS, including FIRs, investigations, bail applications, and appeals, will continue under the CrPC. The BNSS Act's transitional provisions are designed to safeguard procedural consistency, allowing courts, lawyers, and law enforcement to operate without immediate adaptation to new provisions. This approach ensures legal stability during the transition period, with specific emphasis on cases pending at the time of enforcement.
References:
- SMT. THARA PEETHAMBARAM vs STATE OF KARNATAKA - Karnataka
- Ram Avtar Agarwal vs State of U.P. - Allahabad
- S.Sivaramakrishnan vs The State Represented by the Sub – Inspector of Police - Madras
- In Re: XXX VS State Of Arunachal Pradesh - Gauhati
- Hariprasath vs Assistant Commissioner, Office of the Assistant Commissioner - Madras
- Sanjit Kar S/o Shyama Pada Kar VS State Of AP represented through Public Prosecutor - Gauhati
- Deepu VS State of Uttar Pradesh - Allahabad
- Deepu VS State of U. P. - Crimes
- PRAVEEN RAJAN & ANR. vs STATE THROUGH SHO PS CAW NANAK PURA & ANR. - Delhi
- Krishan Joshi VS State of Rajasthan, Through Director General of Police - Crimes
Search Results for "Bnss and Crpc which will Continue"
2025 Supreme(Online)(Kar) 33524 • India - Karnataka High Court
M.NAGAPRASANNA, J
BNSS . BNSS comes into force, the procedure followed earlier should be continued under Cr.P.C . or under BNSS ? ... P.C. till the cognizance is taken on the police report and if any direction is made for further investigation by the competent Court then same will continue as per the Cr. P.C. ... Judges and lawyers familiar with the old code can continue their work without needing to adapt immediately to the new provisions.
2025 0 Supreme(All) 2636 • India - HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Arun Kumar Singh Deshwal,J.
Following the complainant's death, his son sought to continue the proceedings, which was challenged. ... director can be summoned in his capacity as a signatory - The death of the complainant does not abate proceedings; legal heirs may continue ... ... ... Issues: Whether the son can continue the complaint after the complainant's death and whether the summons issued to the director ... (corresponding Section 339 of BNSS) instead of dismissing the same u/s 256 Cr.P.C. (corresponding Section 279 of #HL_....
2025 Supreme(Online)(Mad) 30206 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN, J
adherence to the Code of Criminal Procedure, 1973. ... This judgment interprets the application of the BNSS Act, 2023, emphasizing that offenses committed before its enforcement necessitate ... When the Statute is clear that immediately before the commencement of BNSS Act, the appeal, application, trial, inquiry or investigation pending and continue in accordance with provisions of Cr.P.C, 1973, as if this BNSS Act had not come into force, the limitation prescribed under Section 262 of....
2024 0 Supreme(Gau) 1360 • India - Gauhati
VIJAY BISHNOI, DEVASHIS BARAUH
(A) Code of Criminal Procedure, 1973 - Sections 438, 439, 482; Bharatiya Nagarik Suraksha Sanhita, 2023 ... Interpretation of saving clause - The court addressed the applicability of pre-arrest bail applications filed under the repealed Cr.P.C ... whether bail applications related to FIRs registered before the BNSS's enforcement should be filed under the new law or the repealed Cr.P.C ... same will continue as per the Cr.P.C. ... will continue under the repealed Act. ....
2025 0 Supreme(Mad) 4288 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
(Paras 6, 8) ... ... Issues: The court addressed whether the FIR should continue given the victim's ... In the event of violating the above, the order of quashing of the FIR would stand recalled and the respondent police to continue with the investigation. This Court invoking Section 482 of Cr.P.C., / 528 of BNSS Act. ... 528 of BNSS Act. ... This quashing of FIR is with a condition that the Appellant and the 3rd respondent continue to lead a happy matrimonial life, as husband and w....
2024 0 Supreme(Gau) 1072 • India - Gauhati
BUDI HABUNG
Bail - Pre-Arrest Bail - Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 531(2)(a), 438 of Cr.P.C - ... Issues: Whether the bail application should be filed under Section 482 of the BNSS or Section 438 of the Cr.P.C ... the BNSS. ... BNSS shall continue to be governed by the old Code i.e. ... Judges and lawyers famillar with the old code can continue their work without needing to adapt immediately to the new provisions. ... It stipulates that no....
2024 0 Supreme(All) 1480 • India - Allahabad
VIVEK KUMAR BIRLA, ARUN KUMAR SINGH DESHWAL
(Paras 3, 15, 16) (B) Criminal Procedure Code - Section 41-A - The court emphasized adherence to procedural ... of new laws, and the investigation procedure would follow BNSS. ... 506 - POCSO Act - FIR quashing - The FIR was registered under IPC prior to the enforcement of Bharatiya Nyaya Sanhita (BNS) and Bharatiya ... will continue as per the Cr.P.C. ... will continue under the repealed Act. ... 1.7.2024, then FIR would be registered under the provisions of IPC but the investigation ....
• India - Crimes
VIVEK KUMAR BIRLA, ARUN KUMAR SINGH DESHWAL
of IPC and Cr.P.C., liability to get punishment under IPC will continue and remedy like appeal under Cr.P.C. will remain as it is ... , penalty or punishment accrued or incurred under repealed Act and such investigation, legal proceeding or remedy will continue under ... . in view of Section 531(2)(a) of BNSS. ... will continue under the repealed Act. ... , then FIR would be registered under the provisions of IPC but the investigation will continue as per BN....
2024 Supreme(Online)(DEL) 2694 • India - High Court of Delhi
ANUP JAIRAM BHAMBHANI, J
Cr.P.C ., in the opinion of this court, on a plain reading of section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘ BNSS ’), proceedings are to be “… …disposed of, continued, held or made… …” BNSS . Be that as it may, in order to obviate any unnecessary delay, the present petition is treated as one under section 528 of the BNSS . ... CRL.M.C. 5496/2024 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973 (‘ #HL_....
• India - Crimes
ARUN MONGA
, all pending matters prior to coming into force of BNSS, 2023, as specifically mentioned in Section 531(2)(a) of BNSS shall continue ... even trial procedure qua such FIR shall then be governed by Cr.P.C. and not BNSS. ... with in accordance with provisions of Cr.P.C., 1973 and not under BNSS, 2023 – What has to be been seen simply is date of registration ... continue to be governed by the old Code i.e. ... Judges and lawyers familiar with the old c....
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