Code: Section 531 BNSS
(1) The Code of Criminal Procedure, 1973 is hereby repealed.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.
Explanation of Section 531 BNSS
Section 531 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) focuses on the transition from the Code of Criminal Procedure (CrPC), 1973 to the new set of regulations introduced under the BNSS. It addresses how cases, trials, or proceedings that were pending when the BNSS came into force should be handled and how certain legal provisions will continue to apply.
Key Provisions:
- Repeal of CrPC, 1973: The Code of Criminal Procedure, 1973 is repealed, meaning it is no longer in effect after the BNSS comes into force.
- Continued Proceedings: Any pending appeals, applications, trials, or investigations will be governed by the CrPC, even after the BNSS is enacted, until they are concluded.
- Deemed Continuity: Existing legal matters such as notifications, orders, and appointments made under the CrPC will continue as if they were made under the BNSS, ensuring no disruption in the judicial process.
- Sanctions and Consents: If a sanction or consent was granted under the CrPC but no proceedings were initiated, it will be considered as granted under the BNSS, enabling such actions to be taken forward under the new law.
- Time Limits for Applications: The Sanhita clarifies that any expired deadlines under the CrPC will not be extended just because the BNSS might provide a longer time frame.
Illustration
Example 1: Ongoing Investigation
An investigation that began under the CrPC is still active when the BNSS comes into force. The investigation will continue to be conducted under the CrPC provisions until it is concluded, despite the enactment of the BNSS.
Example 2: Pending Appeal
A person has filed an appeal under the CrPC before the BNSS came into effect. The appeal will be processed according to the CrPC’s guidelines, even though the BNSS is now in force.
Example 3: Expired Time Period
A person was required to file an appeal under the CrPC within a certain period, but this period expired before the BNSS took effect. The BNSS will not extend the time for filing this appeal unless explicitly stated by the Sanhita.
Common Questions and Answers on Section 531 BNSS
1. What happens to cases already in progress when the BNSS comes into force?
- Answer: Any ongoing appeal, trial, or investigation will continue to follow the provisions of the CrPC, as if the BNSS had not come into effect, until it is resolved.
2. Does the BNSS affect actions taken under the CrPC?
- Answer: No. Actions, orders, and sanctions under the CrPC are deemed to have been taken under the BNSS, ensuring continuity and no disruption in ongoing legal matters.
3. Will the BNSS extend deadlines set under the CrPC?
- Answer: No. If a deadline under the CrPC has expired before the BNSS came into force, the Sanhita will not allow an extension of the time unless explicitly specified.
Conclusion
Section 531 of the BNSS ensures a seamless transition from the Code of Criminal Procedure, 1973 to the new legal framework. It maintains continuity in ongoing cases and provides clarity on how previously established legal matters should be treated. The provision helps avoid confusion and ensures that no legal action is unjustly delayed.
