2025 (4) TMI 1671

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....ng to an offence committed prior to the coming into force of the Bharatiya Nagarik Surakhsha Sanhita, 2023 (hereinafter referred to as "BNSS"), the procedure is to be governed by the provisions of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC") or by the provisions contained in the BNSS. 5. Before answering the aforesaid question, let me give a brief background of the facts that has led to filing of the instant petition. A complaint came to be filed by the respondent against the petitioner and the co-accused before the learned Special Judge. As per the complaint, the petitioner, who happens to be accused No. 2 in the complaint, is alleged to have committed offences under Section 3 read with Section 4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as "PMLA") which arise out of predicate offences registered under FIR No. RC00420022A0008 dated 03.08.2022 for offences under Section 420 IPC read with Section 120-B IPC. The offences alleged to have been committed by the petitioner and the co-accused under the PMLA admittedly relate to a period prior to 01.07.2024, the date on which the BNSS came into force. The complaint out....

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....r provisions are made in this Sanhita for the extension of time". 7. A bare reading of clause (a) of Subsection (2) quoted above reveals that if any appeal, application, trial, inquiry or investigation is pending on the date when the BNSS came into force, such appeal, application, trial, inquiry, or investigation has to be disposed of and continued in accordance with the provisions of the Code of Criminal Procedure, 1973, and not in accordance with the provisions of the BNSS. The expression used is "pending", meaning thereby that the appeal, application, trial, inquiry or investigation should be pending on the date of coming into force of the BNSS and once that is so, such appeal, application, trial, inquiry or investigation will have to be continued under the repealed Code of Criminal Procedure. Conversely, if the appeal, application, trial, inquiry or investigation commences after the coming into force of the BNSS, the Code of Criminal Procedure, 1973 would have no applicability, and such proceedings will have to be governed by the BNSS, 2023. 8. Learned DSGI, appearing for the respondent, has contended that in the instant case, the offences which are subject matter of the ....

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....6.2024 under the provisions of Cr.P.C., 1973 is maintainable in law. To clarify; in case any appeal/application/revision/petition is filed upto 30.06.2024 but there is defect (Registry objections, as referred to in common parlance) and such defect is cured/removed on or after 01.07.2024, such appeal/application/revision/petition shall be deemed to have been validly filed/instituted on or after 01.07.2024 and, therefore, would be non- maintainable; and, (iv). Section 531 of BNSS shall apply to "revision", "petition" as also "petition of complaint" (ordinarily referred to as complaint before Magistrate) with the same vigour as it is statutorily mandated to apply to "appeal/application/trial/inquiry or investigation" in terms of Section 531 of BNSS." 11. Again the High Court of Bombay has, in the case of Chowgule and Co. (P) Ltd. v. Public Prosecutor, 2024 SCC OnLine Bom 2501, while dealing with a similar issue, after noticing the provisions contained in Section 531 of BNSS, observed as under: "47. A plain and simple reading of this provision and more particularly the saving clause i.e. Sub Section 2(a) as quoted above would clearly go to show that the pending inv....

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....C OnLine Raj 2042 by holding that if an FIR is registered prior to 01.07.2023 under the Cr.P.C., it would amount to a "pending inquiry/investigation" within the meaning of Section 531(2)(a) of BNSS and, thus, the entire subsequent investigation procedure and even the trial procedure qua such an FIR shall be then governed by the Cr.P.C. and not by the BNSS. 15. Thus, while High Courts of Bombay, Punjab and Haryana, Kerala, and Meghalaya have taken the view that if an application, appeal, inquiry, trial or investigation is pending on 01.07.2024, the same shall be conducted and concluded in accordance with the provisions contained in Cr.P.C, 1973, meaning thereby that if an investigation is pending on the crucial date, then it has to be concluded under the provisions of the CrPC. Similarly, if an appeal is pending on that date, it has to be concluded under the CrPC. Likewise, if any other application or proceeding, including trial or inquiry is pending on the said date, it has to be governed by the provisions of the Cr.P.C. However, if an appeal, application, or any other proceeding, including a complaint, is filed on or after 01.07.2024, even if the offence may have been committed....