Introduction:

In a landmark decision by the Punjab and Haryana High Court, the Court addressed the critical issue of whether pending criminal revision petitions should be governed by the old Code of Criminal Procedure (CrPC) or the newly enforced Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The case, involving Mandeep Singh and Kulwinder Singh, raised complex questions regarding the applicability of procedural laws in light of recent legislative changes.

Arguments of Both Sides:

The petitioner argued that despite the delay in filing the revision petition exceeding the limitation period by 38 days, the reasons provided, including the petitioner’s confinement in jail, justified the condonation of delay under Section 5 of the Limitation Act. It was contended that since the application for condonation was pending when BNSS came into effect, the proceedings should be governed under the old CrPC.

On the contrary, the respondent argued that the BNSS, being the prevailing law at the time of condonation, should govern the proceedings. It was asserted that any petitions pending as of July 1, 2024, with applications for condonation of delay, should be adjudicated under BNSS, which supersedes the CrPC in such instances.

Court’s Judgment:

Justice Anoop Chitkara, delivering the judgment, referred to Section 531 of the BNSS, which explicitly states that pending appeals and applications shall continue under the old law (CrPC) if they were pending on June 30, 2024. The Court emphasized that the procedural rights accrued under the old CrPC, including the right to seek condonation of delay, remain unaffected by the repeal of the CrPC.

The Court also invoked Section 6 of the General Clauses Act, which safeguards legal proceedings initiated under repealed laws, ensuring that such proceedings are not affected by subsequent legislative changes. In light of these provisions, the Court ruled that the revision petition, filed and pending under the CrPC, including the application for condonation of delay, should be adjudicated under the CrPC despite the enactment of BNSS.