RAJASTHAN HIGH COURT: TRIAL OR INVESTIGATION FOR FIR LODGED BEFORE ENFORCEMENT OF NEW CRIMINAL LAWS TO BE GOVERNED BY CRPC, NOT BNSS
The Business Guardian|July 18, 2024
The Rajasthan High Court in the case Krishna Joshi v State of Rajasthan & Ors. observed and has ruled that where an FIR was registered under Section 154 of the Code of Criminal Procedure, CrPC prior to July 1, 2023, it would amount to a pending enquiry or investigation within Section 531(2) (a) of Bharatiya Nagarik Suraksha Sanhita, 2023, BNSS.
RAJASTHAN HIGH COURT: TRIAL OR INVESTIGATION FOR FIR LODGED BEFORE ENFORCEMENT OF NEW CRIMINAL LAWS TO BE GOVERNED BY CRPC, NOT BNSS

The court stated that the entire subsequent investigation procedure and even the trial procedure in relation to that FIR shall be governed by CrPC and not Bharatiya Nagarik Suraksha Sanhita, BNSS.

It has been stated that, this court is concerned here only with the savings clause contained in sub section 531(2)(a). A perusal thereof clearly reflect that, not only the pending trial or appeal, but even an inquiry and/ or investigation, which is underway prior to coming into force of the Bharatiya Nagarik Suraksha Sanhita, BNSS shall have to be dealt with in accordance with the provisions of Code of Criminal Procedure, Cr.P.C., 1973 and not under the BNSS, 2023.

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