Introduction:

In the recent case before the Punjab and Haryana High Court, a petition was filed under Section 482 of the Criminal Procedure Code (CrPC) seeking the quashing of an FIR lodged under IPC provisions, shortly before the enforcement of the Bharatiya Nagarik Suraksha Sanhita (BNSS) on July 1, 2024. The petitioner argued for the application of CrPC, while the Public Prosecutor advocated for the dismissal based on the new legal framework under BNSS.

Arguments of Both Sides:

The petitioner contended that the petition, filed on July 3, 2024, should be maintainable under CrPC, as the offences were committed before the enforcement of BNSS. They argued that the principles of justice and procedural fairness under CrPC should apply.

The Public Prosecutor argued that with the repeal of CrPC from July 1, 2024, any new petitions should adhere to BNSS. They emphasized that BNSS mandates all new applications, including those seeking remedies like quashing of FIRs, to be filed under its provisions.

Court’s Judgment:

Justice Sumeet Goel delivered the judgment, dismissing the petition under Section 482 CrPC on the grounds of non-maintainability post-July 1, 2024. The Court affirmed that BNSS, being the new procedural law, applies retroactively to cases initiated under IPC provisions after July 1, 2024. Justice Goel highlighted the mandatory nature of BNSS under Section 531, which necessitates all new legal proceedings to follow its framework.