A recent ruling by the Rajasthan High Court has clarified that any First Information Report (FIR) registered under Section 154 of the Criminal Procedure Code (CrPC) before July 1, 2023, will be considered as an ongoing enquiry/investigation under Section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
This means that all subsequent investigation and trial procedures related to such FIRs will be governed by the CrPC and not the BNSS.
The provision under Section 531(2)(a) of the BNSS acts as a safeguard clause ensuring that any legal proceedings, whether it be an appeal, application, trial, inquiry, or investigation initiated under the CrPC, must continue under the CrPC until the provisions of the BNSS can be applied.
This clause aims to maintain continuity and consistency in ongoing legal matters until the transition to the new legal framework is complete.
In contrast, the Punjab and Haryana High Court recently decided that if an FIR is lodged under the Indian Penal Code (IPC) but any subsequent application or petition is filed after July 1, then the provisions of the BNSS, which has replaced the CrPC, will be applicable.
This decision highlights the importance of the timeline in determining which legal framework should govern a particular case, emphasizing the need for clarity and adherence to the specified laws and regulations.
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