Searching Case Laws & Precedent on Legal Query!
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Searching Case Laws & Precedent on Legal Query!
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Krishan Joshi VS State of Rajasthan, Through Director General of Police - Crimes
"], ["2024 0 Supreme(Raj) 424"], ["2025 0 Supreme(All) 2857"], ["2024 0 Supreme(Ker) 983"], ["2025 0 Supreme(Del) 663"], ["2024 0 Supreme(Raj) 424"].Conclusion: Pending cases before 01.07.2024 are to follow Cr.P.C.; BNSS applies only to cases initiated after its enforcement.
Transition from Cr.P.C. to BNSS
References: ["
Deepu VS State of U. P. - Crimes
"], ["2024 0 Supreme(Raj) 424"], ["2025 0 Supreme(All) 2857"].Procedural Changes & Specific Provisions
Analysis: The transition provisions ensure that procedural law changes do not adversely affect ongoing proceedings, with specific mention of the retrospective operation of amendments.
Legal Interpretation & Judicial View
Krishan Joshi VS State of Rajasthan, Through Director General of Police - Crimes
"], ["2024 0 Supreme(Raj) 424"], ["2025 0 Supreme(Del) 663"], ["2025 0 Supreme(All) 2857"].References:- ["2024 0 Supreme(P&H) 544"], ["
Deepu VS State of U. P. - Crimes
"], ["2025 0 Supreme(All) 2857"], ["2024 0 Supreme(Ker) 983"], ["2025 0 Supreme(Del) 663"], ["2024 0 Supreme(Raj) 424"], ["2025 6 Supreme 227"], ["2024 0 Supreme(Ker) 1254"]
In the wake of India's new criminal laws coming into force on , legal practitioners, accused persons, and courts face a critical question: Whether BNSS or CrPC to be followed in ? The , replaced the , but transitional provisions create nuances for ongoing matters. This post breaks down the rules, drawing from judicial precedents and statutory saving clauses to clarify applicability.
Note: This is general information based on available legal documents and should not be considered specific legal advice. Consult a qualified lawyer for your case.
The BNSS repealed the CrPC effective , introducing modernized procedures for criminal investigations, trials, and appeals. However, (2)(a) of BNSS includes a to handle pre-existing matters: Notwithstanding such repeal— (a) if, immediately before the date on which this Sanhita comes into force, there is any appeal, application, trial, inquiry or pending, then, such appeal, application, trial, inquiry or shall be disposed of, continued, held or made... as if this Sanhita had not come into force. 2024 0 Supreme(Mad) 1852
This means pending proceedings as of , generally continue under CrPC. But new filings or applications after enforcement must follow BNSS, even for older FIRs or cases. Courts have emphasized: If before the proceeding is pending, then by virtue of the words 'as if this Sanhita had not come into force', the will have to apply the Code of Criminal Procedure. 2025 Supreme(Online)(Mad) 71092
The test for pending is straightforward: The test is whether any proceedings can be taken in the cause before the or <>Tribunalcourt> where it is said to be pending. The answer is that until the case is concluded it is pending. 2025 Supreme(Online)(Mad) 71092
Post-enforcement filings shift to BNSS:- Petitions: Applications challenging chargesheets or must use BNSS, not CrPC. Post-enforcement of BNSS, applications challenging criminal proceedings must be filed under of BNSS, not Cr.P.C. 2025 0 Supreme(All) 40 In one case, a application under CrPC was dismissed as not maintainable. 2025 0 Supreme(All) 40- Bail Applications: Even for FIRs registered pre-BNSS, bail pleas filed after July 1 must comply with BNSS Sections 482, 528, or 531. The ruled that bail applications filed after the BNSS's enforcement for FIRs registered before its enactment must comply with the BNSS provisions. 2024 0 Supreme(Gau) 1360- Investigations: If FIR registered post-July 1, full BNSS applies from start. For pre-enforcement FIRs, continues under CrPC if pending, but new steps may align with BNSS. 2024 0 Supreme(Gau) 1360
(2)(a) BNSS saves only pending matters: (2)(a) of BNSS saved only pending , trial, appeal, application and enquiry, therefore, if any trial, appeal, revision or application is commenced after , the same will be proceeded as per the procedure of BNSS. 2024 0 Supreme(All) 1480
Magistrates handling criminal matters with pending civil suits must avoid observations on possession or status quo orders, leaving it to civil courts. 2022 0 Supreme(SC) 1832
CrPC lacks provisions for consolidating cases from different courts under Sections 218 and 220. 2002 7 Supreme 133
Under , Magistrates stay proceedings if for the same offence is pending, until police report submission. 2012 3 Supreme 656
FIRs for pre-July 1 offences register under , but investigations may follow BNSS procedures if initiated post-enforcement. FIRs for offences committed before new laws must be registered under , with investigations following BNSS procedures. 2024 0 Supreme(All) 1480
Recent judgments reinforce :- : Procedural laws are presumed to be retrospective unless stated otherwise. Applications post-BNSS for old FIRs go under new sections. 2024 0 Supreme(Gau) 1360- Defamation Complaints: rules persist, but procedure aligns with status. 2024 0 Supreme(Mad) 1852
Exceptions are narrow; no blanket BNSS override for truly pending CrPC matters.
To navigate this:- Check Pendency Date: Confirm if matter was active pre-.- File Correctly: Use BNSS for new applications to avoid dismissal. 2025 0 Supreme(All) 40- Monitor Timelines: Adhere to CrPC / deadlines in saved cases. 2023 0 Supreme(SC) 300- Jurisdictional Caution: Avoid criminal interference in civil possession disputes. 2022 0 Supreme(SC) 1832
Generally, CrPC governs proceedings pending before , while BNSS applies to new actions thereafter. This balance ensures continuity without chaos, as courts dispose saved matters as if BNSS had not come into force. 2025 Supreme(Online)(Mad) 71092 Stay updated on evolving precedents, as interpretations may refine.
Key Takeaways:- Pending trials/investigations: CrPC. 2024 0 Supreme(Mad) 1852- New bail/: BNSS Sections 528/482. 2024 0 Supreme(Gau) 1360- rights protected under CrPC timelines. 2023 0 Supreme(SC) 300
References:2022 0 Supreme(SC) 1832 2023 0 Supreme(SC) 300 2022 0 Supreme(SC) 1745 2002 7 Supreme 133 2012 3 Supreme 656 2025 Supreme(Online)(Mad) 71092 2025 0 Supreme(All) 40 2024 0 Supreme(Gau) 1360 2024 0 Supreme(Mad) 1852 2024 0 Supreme(All) 1480
For personalized guidance, reach out to a legal expert.
#BNSSvsCrPC, #PendingCases, #CriminalLaw
of, continued, held or made......” in accordance with the Cr.P.C. only in cases where such proceedings, viz.”........any appeal, application, trial, inquiry or investigation......” was pending immediately before the date on which the BNSS came into force, i.e. 01.07.2024. ... [45] Point No. 2 - Whether bail application filed by Respondent No. 3 on 06.07.2024 would be governed by the provisions of Section....
From the perusal of the above section, it is clear that, if any, investigation is pending on the date of repeal of Cr.P.C. then same will continue as per Cr.P.C. As per Section 157 Cr.P.C. ... same will continue as per the Cr.P.C.; (iii) The cognizance on the pending investigation on or after 01.07.2024 would be taken as per the BNSS and all the subsequent proceeding....
BNSS would apply retrospectively to cases where the offence was committed prior to its enforcement, and the doctrine of beneficial legislation?
In this connection, it is held that mere involvement in one crime is not a reason to invoke Section 107 of Cr.P.C or Section 126 of BNSS. Similarly involvement in two crimes also is not a reason to invoke the provisions. ... Section 126 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS' for short) is the analogues to Section 107 of Cr.PC. Section 130 of BNSS is corresponding to Section 111 of Cr.PC. 12. ....
The procedure to be followed on filing of the Complaint under Section 200 Cr.P.C. (now Section 223 BNSS) was discussed by the Supreme Court in Ram Das vs. Shri Niwas Nair (1984) 2 SCC. ... The pending Application(s), if any, are disposed of accordingly. ... Recording of 'pre-summoning evidence' is fundamentally a judicial proceeding and is carried out to ascertain whether the accused must be issued Notice....
The test is whether any proceedings can be taken in the cause before the court or Tribunal where it is said to be pending. The answer is that until the case is concluded it is pending." ... If before 01.07.2024 the proceeding is pending, then by virtue of the words "as if this Sanhita had not come into force', the court will have to apply the Code of Criminal Procedure. ... Hence, the proceedings have to....
Thus, if an FIR is registered prior to 01.07.2023 under the Cr.P.C., it would amount to a pending enquiry/investigation within the meaning of section 531(2)(a) of BNSS. ... A perusal thereof clearly reflect that, not only the pending trial / appeal, but even an inquiry and/or investigation, which is underway prior to coming into force of the BNSS, shall have to be dealt with in accordance with the provisi....
Thus, if an FIR is registered prior to 01.07.2023 under the Cr.P.C., it would amount to a pending enquiry/investigation within the meaning of section 531(2)(a) of BNSS. ... A perusal thereof clearly reflect that, not only the pending trial/appeal, but even an inquiry and/or investigation, which is underway prior to coming into force of the BNSS, shall have to be dealt with in accordance with the provision....
to Section 421 of Cr.P.C or Section 461 of BNSS. ... According to the learned counsel for the petitioner, if an order of maintenance granted under the D.V Act has been violated, the procedure prescribed under Section 125(3) of Cr.P.C r/w 421 of Cr.P.C shall be followed. ... Section 144(3) of BNSS is the corresponding provision to Section 125(3) of Cr.P.C. ... Therefore....
Section 35(6) of the BNSS, 2023 lays down the procedure to be followed in case of non-compliance with the notice issued by the Investigating Agency under Section 35(3) of the BNSS, 2023. ... Suraksha Sanhita (hereinafter referred to as “BNSS, 2023”) only through the mode of service as prescribed under the CrPC, 1973/BNSS, 2023. ... Vide the aforesaid order, this Court had directed all th....
(v) The pending trial on 01.07.2024, if concluded on or after 01.07.2024 then appeal or revision against the judgement passed in such a trial will be as per the BNSS. However, if any application is filed in appeal, which was pending on 01.07.2024 then the procedure of Cr.P.C. will apply. (vi) If the criminal proceeding or chargesheet is challenged before the High Court on or after 01.07.2024, where the investigation was conducted as per Cr.P.C. then same will be filed u/s 528....
20. It would be seen that clause (a) ibid is attracted only if there is any appeal, application, trial, inquiry or investigation pending at the time of enforcement of the BNSS on 01.07.2024. 22. Moreover, as per Section 157 Cr.P.C. (Section 176 BNSS) investigation would start from the date of registration of F.I.R. Accordingly, if F.I.R. itself is registered on or after 01.07.2024, i.e. after enforcement of BNSS, obviously the investigation would start only after it’s registration i.e. after t....
(2) Notwithstanding such repeal- (a) 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 Sa....
(iv) Section 531(2)(a) of BNSS saved only pending investigation, trial, appeal, application and enquiry, therefore, if any trial, appeal, revision or application is commenced after 1.7.2024, the same will be proceeded as per the procedure of BNSS. (vi) If the criminal proceeding or chargesheet is challenged before the High Court on or after 01.07.2024, where the investigation was conducted as per Cr.P.C. then same will be filed u/s 528 of BNSS not u/s 482 Cr.P.C. 17. Coming b....
1st June, 2015, or sub-section (2A) would only apply to settlement applications filed after insertion of sub-section (2A) to Section 234B on 1st June, 2015. In other words, we have to examine whether the said Sub-Section would be applicable to pending cases.
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