New Criminal Laws – FAQs

In the scenario where the date of offence is prior to 01.07.2024 and the offence is also reported before 01.07.2024 then the substantive law applicable will be Indian Penal Code, 1860 and procedural law applicable will be Criminal Procedure Code,1973.

However in the scenario where the date of offence is prior to 01.07.2024 and the offence is reported after 01.07.2024 then the substantive law applicable will be IPC and procedural law applicable will be Bharatiya Nagarik Suraksha Sanhita 2023.

— By Adv Vibhuti Zibbu

The answers to all the questions whether certain appeal, application, trial etc. which is pending before 01.07.2024 will continue to be governed by Old Criminal Laws, lies in Repeal and savings clause of the New Criminal Laws i.e., Sec. 531 of BNSS 2023, Sec. 358 of BNS 2023 and Sec. 170 of BSA 2023.

The answer to the present question lies in the Sec. 358 of BNS, 2023 whereby it is provided that:

“…(2) Notwithstanding the repeal of the Code referred to in Sub-section (1), it shall not affect,-

… (c) any penalty, or punishment incurred in respect of any offences committed against the Code so repealed; or…”

Thus clearly providing that the implementation of the BNS, 2023 shall not affect the penalty or punishment to be imposed upon the accused person with respect to the offences which were tried under the IPC, 1860. Therefore a judgment with respect to an offence under the IPC, 1860 reserved before 01.07.2023 however pronounced or to be pronounced after 01.07.2024 will continue to be governed by the Old Criminal Laws regime.

–By Advocate Prateek Jindal

Section 530 of the Chapter XXXIX of the Bharatiya Nagarik Suraksha Sanhita, 2023, talks about the Repeal and savings clause. The section has answers to the query like under which law the bail bonds or any other applications be filed, if the offence is committed prior to 01.07.2024, however the case is put in the court after 01.07.2024.

“Section530: Repeal and savings.

(1) The Code of Criminal Procedure’1973 is hereby repealed.

(2) Notwithstanding such repeal—

• If, immediately before the date on which this Sanhita comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1973, as in force immediately before such commencement (hereinafter referred to as the said Code), as if this Sanhita had not come into force:

• All notifications published, proclamations issued, powers conferred, forms provided by rules local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the Old Code and which are in force immediately before the commencement of this Sanhita, shall be deemed, respectively, to have been published, issued, conferred, specified, defined, passed or made under the corresponding provisions of this Sanhita;

• Any sanction accorded or consent given under the Old Code in pursuance of which no proceeding was commenced under that Code, shall be deemed to have been accorded or given under the corresponding provisions of this Sanhita and proceedings may be commenced under this Sanhita in pursuance of such sanction of consent;

(3) Where the period specified for an application or other proceeding under the Old Code had expired on or before the commencement of this Sanhita, nothing in this Sanhita shall be construed as enabling any such application to be made or proceeding to be commenced under this    Sanhita by reason only of the fact that a longer period therefor is specified by this Sanhita or provisions are made in this Sanhita for the extension of time.

Section 530 clause 2 sub-clause (a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, would clarifies that when immediately before the Bharatiya Nagarik Suraksha Sanhita, 2023comming into force any appeal, application, trial, inquiry or investigation with respect to any is pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1973 (hereinafter CrPC), as if this Sanhita had not come into force.

The Jodhpur Bench of the Hon’ble Rajasthan High Court, in the case of Krishna Joshi v State of Rajasthan & Ors., in its order dated 09.07.2024, has ruled that where an FIR was registered under Section 154 of CrPC prior to July 1, 2023, it would amount to a pending enquiry/investigation within Section 531(2)(a) of Bharatiya Nagarik Suraksha Sanhita, 2023, (“BNSS”). Hence, the entire subsequent investigation procedure and even the trial procedure in relation to that FIR shall be governed by CrPC and not BNSS.

Therefore, to conclude, the bail bonds in the offences which have taken place prior to 01.07.2024, but are put up in court after 01.07.2024 can be filed as per the provisions of the CrPC.

— By Adv Abhimanyu & Adv Satyam Sondh

Section 358 of the Chapter XX of the Bharatiya Nyay Sanhita, talks about the Repeal and savings clause. The section would clear the clouds, on as to what would happen in the provisions which are no more punishable in the Bharatiya Nyay Sanhita.

“Section 358: Repeal and savings.

1. The Indian Penal Code is hereby repealed.
2. Not with standing the repeal of the Code referred to in sub-section (1), it shall not affect,—
   (a) The previous operation of the Code so repealed or anything duly done or suffered thereunder; or
   (b) Any right, privilege, obligation or liability acquired, accrued or incurred under the Code so repealed; or
   (c) Any penalty, or punishment incurred in respect of any offences committed against the Code so repealed; or
   (d) Any investigation or remedy in respect of any such penalty, or punishment; or
   (e) Any proceeding, investigation or remedy in respect of any such penalty or punishment as aforesaid, and any such proceeding or                    remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Code had not been repealed.
3. Not with standing such repeal, anything done or any action taken under the said Code shall be deemed to have been done or taken under the corresponding provisions of this Sanhita.
4. The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the                   General Clauses Act, 1897 with regard to the effect of the repeal.”

Particularly, Section 358 clause 2 of the Bharatiya Nyay Sanhita, talks about the situations where the offence is committed when the IPC’1860 was existing and the investigation, enquiry or trail of the said offence is pending but during the pendency the IPC’1860 was repealed and Bharatiya Nyay Sanhita came into existence. Section 358 clause 2 of the Bharatiya Nyay Sanhita states that the repeal of the IPC’1860 shall not affect these investigation, enquiry or trail, and all the proceedings will be conducted as if the IPC’1860 had not been repealed.

Section 358 clause 3 of the Bharatiya Nyay Sanhita, further clarifies that anything done or any action taken under the IPC’1860 shall be deemed to have been done or taken under the corresponding provisions of the Bharatiya Nyay Sanhita, that means even if anything is done under the IPC’1860 after the passing of the Bharatiya Nyay Sanhita, then it will be deemed to have been done in the relevant provisions of the Bharatiya Nyay Sanhita.

Therefore, to conclude, the proceedings with respect to the offence which are no longer punishable under the Bhartiye Nyay Sahita, will continue as if the IPC’1860 had not been repealed.

— By Adv Satyam Sondh

Yes, electronic mode of summoning is vaild under new criminal laws.