FIR For Offences Committed Before July 1, 2024 Has To Be Registered Under IPC Even After Enforcement Of Bhartiya Nyaya Sanhita: Rajasthan HC
The Rajasthan High Court has clarified that for offences committed before 1st July, 2024 under IPC, an FIR has to be registered under the Indian Penal Code even after the enforcement of the Bharatiya Nyaya Sanhita 2023.
The Court reiterated that Article 20 of the Constitution mandates that a person can be convicted only of an offence for the violation of law in force at the time of the alleged act of commission or omission and cannot be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
A Single Bench of Justice Arun Monga observed, “I am, therefore, inclined to hold that if an FIR is registered on or after 1.7.2024 for the offence committed prior to 1.7.2024, then FIR has to be registered under the provisions of IPC.”
Advocate Firoz Khan appeared for the petitioners, while Advocate C.P. Soni represented the respondents.
The petitioner in the case had argued that once the IPC was repealed, no FIR could be registered invoking the offences under IPC provisions and on that ground alone, the impugned FIR registered for offences under the IPC should to be quashed.
The High Court answered in affirmative as to whether after the enforcement of Bhartiya Nyaya Sanhita, 2023 (BNS) from 01.07.2024, an FIR can be registered under IPC for offences committed under the Indian Penal Code (IPC) before 01.07.2024.
“In my opinion, a combined reading of Article 20 of the Constitution of India and aforesaid saving provisions of section 358 of the BNS amply show that the IPC shall apply to any obligation, liability, penalty or punishment accrued or incurred before 01.07.2024. In other words, in respect of the offences committed under the Indian Penal Code (IPC) before 01.07.2024, the offender can/has to be dealt with and punished under IPC even after enforcement of Bhartiya Nyaya Sanhita from 01.07.2024,” the Court observed.
The Bench explained the procedure applicable to an FIR registered after enforcement of Bhartiya Nagrik Suraksha Sanhita (BNSS) for offences under IPC committed before 01.07.2024.
The Court clarified that Section 531(2)(a) of BNSS only saved pending investigation, trial, appeal, application and enquiry. Therefore, if any trial, appeal, revision or application commenced after 01.07.2024, the same would be proceeded as per the procedure of BNSS.
“In other words, if there was no investigation pending when BNSS came into force, then the saving clause 531(2)(a) of BNSS would not be attracted,” the Court stated.
Consequently, the Court held that “qua the offences committed before 01.07.2024 under the Indian Penal Code (IPC), an FIR cannot be registered under (BNS) after enforcement of Bhartiya Nyaya Sanhita (BNS) from 01.07.2024. Question (b) is, therefore, answered in the negative.”
Accordingly, the High Court allowed the petition.
Cause Title: Vijay Sharma & Anr. v. State Of Rajasthan & Anr. (Neutral Citation: 2024:RJ-JD:35171)
Appearance:
Petitioners: Advocate Firoz Khan
Respondents: Advocates C.P. Soni and Aju V. Josh; PP Vikram Rajpurohit