Inquiry & Investigation In FIRs Registered Prior To Coming Into Force Of BNSS Will Be Governed By CrPC: Rajasthan HC
The Rajasthan High Court observed that inquiry, investigation in FIRs registered under CrPC before coming into force of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) on July 1, amounts to pending inquiry/investigation under Section 531 BNSS. The Court said that the investigation and trial in such cases are governed by CrPC.
The Court said that although section 531 of BNSS effectively removes old code from the statute books, it is a repeal subject to the savings clause and not a repeal in toto.
The Court was hearing a Criminal Miscellaneous Petition under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for fair, impartial and effective investigation in an FIR that was registered prior to coming into force of the 2023 BNSS.
The bench of Justice Arun Monga observed, “Trite it may sound, but settled position is that, the moment an FIR is registered under section 154 of the Cr.P.C., criminal investigative/administrative machinery is set in motion under Chapter XII thereof. 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. The entire subsequent investigation procedure and even the trial procedure qua such an FIR shall then be governed by Cr.P.C. and not BNSS…..No doubt, section 531 of BNSS effectively removes old code from the statute books, however, at the same time it is a repeal subject to the savings clause and not a repeal in toto.”
Advocate Swati Shekhar appeared for the Appellant and PP Mukhtyar Khan appeared for the Respondent.
The Court noted the savings clause under section 531(2)(a) of the BNSS and said that the petition ought to have been filed under the old corresponding Section 482 of Criminal Procedure Code, 1973 and not under section 528 of the BNSS. The Court observed, “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 provisions of Cr.P.C., 1973 and not under the BNSS, 2023.”
The Court observed, “Saving clause ensures that the repeal of an old law does not adversely affect any legal proceedings or rights that were established under the old code. The saving provision facilitates a smooth transition from the old legal framework to the new one. It provides a buffer period during which the judicial and legal systems can adjust to the changes introduced by the new Sanhita.”
The Court noted that in the present case, the petitioner converted into one under Section 528 BNSS after the initial petition under Section 482 CrPC was objected to by the Registry.
Accordingly, the Court overruled the objection.
While noting that the investigation is still underway in the case, the Court observed, “Liberty of a citizen, who is an accused, cannot be curtailed mechanically without being certain about the criminal culpability attributed to him.”
Finally, the Court disposed of the Petition.
Cause Title: Krishan Joshi v. State of Rajasthan (Neutral Citation: 2024:RJ-JD:27741)
