Explainer: Will the new Bharatiya Nagarik Suraksha Sanhita impact pending criminal cases?

The Punjab and Haryana High Court has resolved a critical legal question: Will criminal cases registered before July 1, 2024, be governed by the old Code of Criminal Procedure (CrPC) or the new Bharatiya Nagarik Suraksha Sanhita (BNSS)? The court has held that all cases initiated before this date will continue under CrPC, even after the new laws take effect.

What was the legal conflict?

The issue arose because two single Benches of the High Court gave conflicting opinions. One ruled that BNSS had replaced CrPC and should apply to all cases from July 1 onwards. The other held that cases registered under the old law must proceed under CrPC. To settle the debate, the matter was referred to a larger Bench.

What did the High Court decide?  

A Division Bench of Justice Sureshwar Thakur and Justice Harpreet Singh Brar ruled that procedural law at the time of an offence or FIR registration determines how a case will proceed. This means any trial, appeal, inquiry, or investigation pending as of July 1, 2024, will continue under CrPC. BNSS does not apply retrospectively, meaning it does not affect proceedings that started under the old law. The date of offence or FIR registration decides which procedural law applies.

The court relied on express provisions in BNSS, which explicitly state that ongoing trials, inquiries and investigations under CrPC will continue under the same framework.

How does this affect criminal cases?  

The ruling provides much-needed clarity. If a case was registered before July 1, 2024, it will follow CrPC procedures, even if the trial starts after BNSS comes into effect. This prevents disruptions in ongoing cases and ensures procedural consistency.

What does this mean for accused persons?  

A key question before the court was whether an accused booked under the old law should seek relief under the CrPC or BNSS. The court ruled that since BNSS does not apply retrospectively, all procedural aspects—investigation, trial, and appeal—will be governed by CrPC for cases initiated before July 1.

Why is this ruling important?  

The High Court has made it clear the old CrPC rules will continue to apply for all cases registered before July 1, 2024. This judgment ensures a smooth transition from CrPC to BNSS without disrupting ongoing criminal cases. It also upholds the principle that procedural law at the time of an offence or FIR registration determines how a case proceeds.