Should Appeal Be Filed Under BNSS If Trial Was Conducted Under CrPC? Delhi HC To Examine
|The Delhi High Court will examine whether an appeal should be filed under Bharatiya Nagarik Suraksha Sanhita 2023 if the trial was conducted under Code of Criminal Procedure 1973.
The Court observed that the wording of Section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’) is amenable to a possible interpretation that if an appeal is pending before the coming into force of the BNSS, only then would such appeal be continued under the Code of Criminal Procedure, 1973 (‘Cr.P.C.’).
The Bench of Justice Anup Jairam Bhambhani observed, “On a plain reading of section 531(2)(a) of the BNSS it is noticed that if before the coming into force of the BNSS, “ ..... there is any appeal, application, trial, inquiry or investigation pending” ..... , then “ ..... such appeal, application, trial, inquiry or investigation .....” is required to be “ ..... disposed-of, continued, held or made .....” in accordance with the Cr.P.C. In the present case, admittedly the trial was conducted and completed under the Cr.P.C. As per the general, settled principle of law, an appeal is considered to be a continuation of the trial. However, the wording of section 531(2)(a) of the BNSS is amenable to a possible interpretation that if an appeal is pending before the coming into force of the BNSS, only then would such appeal be continued under the Cr.P.C.”
Advocate Shishir Mathur appeared for the Petitioner whereas Special Public Prosecutor Rajesh Kumar appeared for the Respondent.
An appeal was filed under Section 415 of the BNSS impugning the judgment and order of sentence even though the investigation and trial have all happened under the Prevention of Corruption Act, 1988 and the Cr.P.C.
The Court, while issuing notice, left the question open to be considered subsequently whether the present appeal is to be entertained and dealt with under section 374 of the Cr.P.C. or Section 415 of the BNSS.
Recently, the Kerala High Court has also observed that The Kerala High Court directed that an appeal filed on or after July 1, 2024, shall be governed by the procedure provided under the BNSS, rather than the provisions of the CrPC.
An application seeking suspension of sentence was also filed in the matter. Considering the age of the Appellant, the Court granted him bail.
Cause Title: Shri S Rabban Alam v. CBI Through Its Director
Appearances:
Petitioner: Advocates Shishir Mathur, Mr. Mohd. Ghulam and Muskan Tyagi.
Respondents: Special Public Prosecutor Rajesh Kumar and Advocate Mishika Pandita.