If you are approaching the police to register an FIR today (on or after 01.07.2024), you must be knowing the following details at the time of registration of FIR. As per the BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 (hereinafter “BNSS”), which is the “new Cr.P.C.”, any FIR registered after 01.07.2024 must be registered under Section 173 of the BNSS. Earlier (until 30.06.2024), FIR used to be registered under Section 154 of the Cr.P.C., 1973.
What we must understand here is that although from 01.07.2024, an FIR must be registered under the BNSS, it is the date of occurrence that matters while deciding whether it is the Indian Penal Code, 1890 or the Bharatiya Nyaya Sanhita, 2023, which will be applicable for such an offence.
Reference must be made to Section 531 of the BNSS, which reads,
“531. (1) The Code of Criminal Procedure, 1973 is hereby repealed..
(2) Notwithstanding such repeal— (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, as in force immediately before such commencement (hereinafter referred to as the said Code), as if this Sanhita had not come into force;
(b) all notifications published, proclamations issued, powers conferred, forms provided by rules, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the said Code and which are in force immediately before the commencement of this Sanhita, shall be deemed, respectively, to have been published, issued, conferred, specified, defined, passed or made under the corresponding provisions of this Sanhita;
(c) any sanction accorded or consent given under the said Code in pursuance of which no proceeding was commenced under that Code, shall be deemed to have been accorded or given under the corresponding provisions of this Sanhita and proceedings may be commenced under this Sanhita in pursuance of such sanction or consent.
(3) Where the period specified for an application or other proceeding under the said Code had expired on or before the commencement of this Sanhita, nothing in this Sanhita shall be construed as enabling any such application to be made or proceeding to be commenced under this Sanhita by reason only of the fact that a longer period therefor is specified by this Sanhita or provisions are made in this Sanhita for the extension of time.”
As per Section 531(2)(a), any investigation pending immediately before 01.07.2024, will continue to be governed by the Cr.P.C., 1973. As per the observation of the Hon’ble SC in the case of State of J&K v. Saleem Ur Rehman ((2022) 13 SCC 675), a preliminary enquiry will not fall under the category of “investigation”. Hence, even if the police had commenced preliminary enquiry before 01.07.2024, if they proceed to register an FIR on or after 01.07.2024, it must be registered under Section 173 of the BNSS, and not under Section 154 of the Cr.P.C.
Having said that, it is always the date of occurrence which will determine whether it is the IPC or BNS which will come into play. For instance, if it is a case of assault on 29.06.2024, the offence will be under the IPC. If the incident occurred on 01.07.2024, it will be the corresponding provision under BNS.
It is essential that lawyers assist the same by aiding the determination of the date of occurrence, especially in offences being continuous in nature.
Recent case from the Punjab & Haryana High Court confirming the above view – Mandeep Singh v. Kulwinder Singh (2024 SCC OnLine P&H 6169, Dt. 02.07.2024). Regarding the registration of FIR/ investigation of the same, it was observed that, “once the altered procedural law namely BNSS has been brought in vogue, it would apply to cases initiated under IPC as well from and after the date of its commencement i.e. 01.07.2024 as well as to future proceedings except the pending appeal, application etc. as specifically stated in Section 531(2)(a) of BNSS.”
The above case can also be referred for a complete interpretation of S. 531 of the BNSS. In the coming days, we will be facing more intricate issues, which will be answered by the Courts, and by legal thinkers, as and when such issues arise. Thus, it is important to stay updated!
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