The Gauhati High Court has stated that BNSS will apply to criminal petitions and bail applications submitted after July 1, 2024, for FIRs registered before that date.
The Gauhati High Court has ruled that any requests for pre-arrest or regular bail, or Criminal Petitions filed after July 1, 2024, related to an FIR registered before that date, must be submitted under Sections 482, 483, and 528 of the BNSS, 2023. The court examined whether such applications should be filed under the now-repealed Sections 438/439/482 of the Code of Criminal Procedure, 1973, or under the BNSS provisions due to the saving clause in Sections 531(2)(a) and 358 of the BNSS, 2023.
The Division Bench, led by Chief Justice Vijay Bishnoi and Justice Devashis Baruah, stated that any pre-arrest or regular bail or Criminal Petition filed after July 1, 2024, concerning an FIR registered before that date, should follow the BNSS provisions.
In the case of Sanjit Kar Vs. The State of AP, a Single Judge of the High Court referred to a ruling from the Rajasthan High Court in Krishan Joshi Vs. State of Rajasthan. The judge decided that a petition for pre-arrest bail under Section 482 of the BNSS should be treated as one under Section 438 of the Code of Criminal Procedure for a case registered at Namsai Police Station before the BNSS took effect. In this case, the petitioner sought pre-arrest bail under Section 482 of the BNSS for an offense recorded before July 1, 2024, the date the BNSS became effective.
The Single Judge noted that there are differing views from various High Courts regarding the interpretation of Section 531 of the BNSS, 2023. Therefore, it would be wise to refer the issue to the Chief Justice for consideration by either a Division Bench or a Larger Bench. The Bench explained that the fundamental rule of interpretation is that the words in a statute should be understood in their natural and common sense, following their grammatical meaning. When the language of a statute is clear and straightforward, courts must adhere to that meaning, unless it leads to absurd results or contradicts the statute’s purpose.
The Bench believed that Section 531(2)(a) of the BNSS specifically protects only those appeals, applications, trials, inquiries, or investigations that were ongoing before the BNSS took effect, stating that these should be handled according to the Code of Criminal Procedure, 1973. However, any proceedings that began after the BNSS came into force are not protected. The Bench emphasized that the rights to file for pre-arrest bail, regular bail, or to quash an F.I.R. are procedural rights, not substantive rights.
The Bench supported the opinion of the Allahabad High Court in the case of Deepu & Ors. Vs. State of U.P. & Ors., Criminal Misc. Writ Petition No.12287 of 2024. It noted that if an FIR is filed on or after July 1, 2024, for an offense that happened before that date, the FIR will be registered under the IPC, but the investigation will proceed according to the BNSS. For investigations still ongoing on July 1, 2024, they will continue under the Cr.P.C. until the court takes notice of the police report. If the court orders further investigation, it will also follow the Cr.P.C. The Bench also referenced the Rajasthan High Court’s ruling in Vijay Sharma & Anr. Vs. State of Rajasthan, through PP S.B. Criminal Misc (Pet) No.5522/2024, which stated that for FIRs filed on or after July 1, 2024, regarding IPC offenses committed before that date, the BNSS procedures will apply.
The Bench clarified that any pre-arrest or regular bail or Criminal Petition related to an FIR filed before July 1, 2024, must be submitted under Sections 482, 483, and 528 of the BNSS, 2023. The Bench concluded by instructing the Registry to categorize all pre-arrest bail, regular bail, and Criminal Petitions filed after July 1, 2024, concerning FIRs registered before that date, under Sections 482, 483, and 528 of the BNSS, 2023.
Cause Title: In RE: XXX v. The State Of Arunachal Pradesh [Neutral Citation: 2024: GAU-AS:10973-DB]
