Source: Allahabad Court  

Why in News? 

The recent implementation of new criminal laws in India, which replace the earlier colonial statutes, has led to legal confusion about their applicability. Questions have arisen regarding whether these new laws apply to offences committed before their effective date of July 1, 2024, and how they impact ongoing proceedings. The Bharatiya Nyaya Sanhita,2023 and Bharatiya Nagarik Suraksha Sanhita,2023 will govern new offences from this date, while prior cases will remain under the old IPC and CrPC. 

• Justice Vivek Kumar Birla and Justice Arun Kumar Singh Deshwal held in the matter of Deepu and Anr. v. State Of U.P . 

What was the Background of Deepu and Anr. v. State Of U.P ? 

• The case involves a writ petition filed by Deepu and 4 others seeking to quash a First Information Report (FIR). 
• The FIR in question was registered on 3rd July, 2024, as Case Crime No. 0271 of 2024. 
• The FIR was filed under Sections 376(2)(n), 354, 147, 452, 504, 506 of the Indian Penal Code (IPC) and Section 4 of the POCSO Act. 
• The case was registered at Police Station Maudaha, District Hamirpur. 
• The alleged incidents occurred between 2nd April, 2024, and 28th June, 2024. 
• The Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) came into force on 1st July, 2024, replacing the Indian Penal Code,1860 and Code of Criminal Procedure,1973 respectively. 
• The FIR was registered under the provisions of the IPC despite being filed after the new laws came into effect. 
• This discrepancy led to questions about the appropriate legal provisions to be applied in cases where the offense occurred before the new laws came into effect, but the FIR was registered after. 
• The case raises important legal questions about the application of new criminal laws and their effect on ongoing and new investigations. 

What were the Court’s Observations? 

• The court observed that if an FIR is registered on or after 1st July, 2024, for an offense committed prior to that date, it should be registered under the provisions of the IPC, but the investigation will proceed as per the BNSS. 
• For investigations pending on 1st July, 2024, the court held that these should continue as per the CrPC until cognizance is taken on the police report. 
• The court clarified that cognizance of pending investigations on or after 1st July, 2024, should be taken as per the BNSS. 
• All subsequent proceedings, including enquiry, trial, or appeal, are to be conducted as per the procedure under the BNSS. 
• The court interpreted Section 531(2)(a) of BNSS as saving only pending investigations, trials, appeals, applications, and enquiries. 
• Any trial, appeal, revision, or application commenced after 1st July, 2024, is to be proceeded with as per the BNSS procedure. 
• For trials pending on 1st July, 2024, but concluded thereafter, any appeal or revision against the judgment will be as per the BNSS. 
• The court noted that if an application is filed in an appeal that was pending on 1st July, 2024, the CrPC procedure will apply. 
• Criminal proceedings or chargesheets challenged before the High Court on or after 1st July, 2024, where the investigation was conducted under CrPC, should be filed under Section 528 of BNSS, not Section 482 CrPC. 
• The court affirmed the correctness of the circular issued by the Police Technical Services Headquarters, UP, regarding the procedure for FIR registration and investigation. 
• The court emphasized that despite the repeal of IPC and CrPC, liabilities and punishments under the IPC will continue, but procedural aspects will be governed by the BNSS. 

What are Landmark Cases on Applicability of New Criminal Laws? 

• Krishna Joshi v. State of Rajasthan & Ors. (2024)  
  • Rajasthan High Court: The court held that the law applicable on the date of FIR registration will govern the trial, even if it commences after July 1, 2024. 
• XXX v. State of UT, Chandigarh (2024)  
  • Punjab & Haryana High Court: The court ruled that for FIRs lodged under IPC, but where applications or petitions are filed after July 1, 2024, provisions of BNSS will apply. 
• Abdul Khader v. State of Kerala (2024)  
  • Kerala High Court: The court held that appeals filed on or after July 1, 2024, will be governed by BNSS, regardless of whether the trial was conducted under CrPC. 
• Shri S. Rabban Alam v. CBI Though Its Director (2024)  
  • Delhi High Court: The court suggested that Section 531(2)(a) of BNSS could be interpreted to mean that only appeals pending before BNSS came into force would continue under CrPC. 
• Prince v. State of Govt of NCT of Delhi & Ors (2024)  
  • Delhi High Court: The court held that anticipatory bail applications for offenses registered before July 1, 2024, should be filed under BNSS. 
• Hiralal Nansa Bhavsar and Ors. v. State of Gujarat (1974)  
  • Gujarat High Court: The court held that only "pending proceedings" are saved under the repealing provision, and new proceedings initiated after the new law's commencement would be governed by the new law. 
• Ramesh Chander and Ors. v. Chandigarh Administration (1976)  
  • Punjab & Haryana High Court: The court affirmed that if a proceeding is initiated after the commencement of the new Code for an act committed prior to it, it would be governed by the new Code.