Substantive criminal law on date of offence governs liability, while post-commencement procedure applies to later FIRs and investigation.

For offences allegedly committed before 01.07.2024 but reported after the new criminal laws commenced, the substantive penal law in force on the date of commission governs liability, consistent with Article 20 of the Constitution, while registration, investigation and subsequent procedure follow the new procedural law unless a contrary legislative intention appears. The Court also noted that repeal-and-savings provisions under Section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 6 of the General Clauses Act, 1897 preserve accrued liabilities and pending proceedings. It further treated the Supreme Court arrest safeguards for offences punishable up to seven years as applicable on the facts.

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Issues: (i) Whether, for an offence alleged to have been committed before 01.07.2024 but reported after the commencement of the new criminal laws, the FIR should be registered under the Indian Penal Code and the investigation governed by the Bharatiya Nagarik Suraksha Sanhita. (ii) Whether the police were required to follow the arrest safeguards applicable to offences punishable up to seven years.

Issue (i): Whether, for an offence alleged to have been committed before 01.07.2024 but reported after the commencement of the new criminal laws, the FIR should be registered under the Indian Penal Code and the investigation governed by the Bharatiya Nagarik Suraksha Sanhita.

Analysis: The Court held that the substantive law applicable to the offence is the law in force on the date of commission of the offence, protected by Article 20 of the Constitution of India. It further held that repeal and savings under Section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the effect of repeal under Section 6 of the General Clauses Act, 1897 preserve accrued liabilities and pending proceedings, while procedural law operates retrospectively unless a contrary intention appears. On that basis, where an FIR is registered after 01.07.2024 for an offence committed earlier, the FIR is to be under the old substantive penal law, while investigation and subsequent procedure are to follow the new procedural law.

Conclusion: The question was answered in the affirmative in favour of the State.

Issue (ii): Whether the police were required to follow the arrest safeguards applicable to offences punishable up to seven years.

Analysis: The Court noted that the allegations, as placed before it, were to be tested by the arrest and investigation guidelines laid down by the Supreme Court and treated those safeguards as applicable to the facts of the case, without interfering with the FIR.

Conclusion: The arrest safeguards were held applicable.

Final Conclusion: The writ petition did not succeed in obtaining quashing of the FIR, but the legal position on post-commencement registration, investigation under the new procedural law, and compliance with arrest safeguards was clarified.

Ratio Decidendi: For offences committed before the commencement of a new criminal code, the substantive penal law in force on the date of the offence governs liability, while the procedure for registration, investigation, and subsequent proceedings is governed by the new procedural law unless the repeal-savings clause or other statutory indication provides otherwise.

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