Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
1. -For FIRs lodged and trials commenced prior to July 1 2024, CrPC will hold field (Section 531(2)(a) BNSS);
2. -For FIRs lodged prior to July 1 2024, CrPC will apply so far as investigation is concerned. But if trial commences after July 1, BNSS will apply (since CrPC will continue to apply only to "pending" trials, etc.);
3. -For offence occurred prior to enforcement of new laws but FIR lodged after July 1 2024, FIR will be under IPC but probe and trial will be under BNSS (since substantive law at the time of commission of offence will hold field but accused has no vested right to old procedure);
4. -For trials pending as on July 1 2024, appellate proceedings, if any, will be governed by BNSS (since appeal, though continuation of trial, was not "pending").
These are only a limited set of issues. In the foreseeable future, applicability of procedure for revision, quashing petitions in relation to trials or appeals pending/ concluded under CrPC are likely to emerge.
Section 528—: Inherent powers may be used to get community service in the future as punishment.
Learn it— 531 (2) (a)
if, immediately before the date on which this Sanhita comes into force, there Is any APPEAL, APPLICATION, TRIAL, INQUIRY or INVESTIGATION pending, then, (such appeal, application, trial, inquiry or investigation) shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1973.
