The Rajasthan High Court has ruled that if an FIR was registered under Section 154 of the CrPC before July 1, 2023, it constitutes a pending enquiry or investigation under Section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Therefore, all subsequent investigation and trial procedures related to that FIR will be governed by the CrPC and not BNSS.

Section 531(2)(a) of BNSS serves as a savings clause, ensuring that ongoing legal proceedings, including appeals, applications, trials, inquiries, or investigations initiated under the CrPC, continue under the CrPC until the provisions of BNSS can be appropriately applied.

Recently, the Punjab and Haryana High Court ruled that if an FIR is lodged under the IPC, but any application or petition related to it is filed after July 1, then the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which has replaced the Criminal Procedure Code, will be applicable.

In the said matter, the case was heard by Justice Arun Monga's bench, concerning a petition filed on July 1, 2024, under BNSS seeking judicial oversight of an FIR's investigation, the Court noted that initially, the petition was filed under CrPC.

However, upon objection from the court registry, it was converted to a petition under Section 528 of BNSS. The Court overruled the registry's objection, emphasizing that the relevant consideration was the date of the FIR's filing and the applicable law at that time. Since the FIR was lodged before BNSS came into effect, the Court held that it would be governed by the CrPC.

During the course of hearing, the Court highlighted that Section 531 of BNSS contains an important provision for the transition period. This provision is necessary because a complete repeal of old legislation without such a clause would create legal uncertainties regarding ongoing legal proceedings and could potentially undermine established rights under the old code.

The Court further emphasized that the savings clause was crucial to ensure that justice was not delayed or denied due to procedural changes, thereby maintaining continuity and stability in legal proceedings.

In this background, the Court invoked Section 531(2)(a) of BNSS to treat the petition as under CrPC.

Case Title: Krishna Joshi v State of Rajasthan & Ors.