New criminal laws infuse new confidence in justice system: Punjab & Haryana High Court urges lawyers to adapt

The Punjab and Haryana High Court on Thursday observed that the enforcement of the new criminal laws and procedure was a significant milestone in the administration of justice in India..Observing that the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Sakshya Adhiniyam (BSA) infuse a renewed confidence in the justice system, Justice Sumeet Goel said,“The new legislations draw upon the Indian Jurisprudence, which infuses a renewed confidence in the Justice system. The Indian laws have now been unburdened of the colonial and imperial remnants, which were causing a slow and sure attrition upon the confidence of the Indian Justice System and also impeding actualization of its full potential.".The Court, however, also acknowledged the fact that those well-versed with the old criminal law and procedure may face issues due to the changes. "However, in keeping with the spirit of the times legislated laws ought to be leveraged for all the potential positive changes and illuminating effects that these can bring forth. Instead of giving way to cognitive dissonance and tendency to fortify against changes; the spirit of the time is placing a demand veritable engagement with these new legislations."It went on to say,"The new Laws will go a long way to pave way for a robust prosecution, striking balance between the State (society at large), victim as well as the accused. It will give more teeth to deterrence, justice as also the process of justice.".Justice Goel made the observations while dealing with a petition seeking quashing of a First Information Report (FIR).The State had challenged the maintainability of the petition since it was filed on July 3 under the Code of Criminal Procedure (CrPC) and not the Bharatiya Nagarik Suraksha Sanhita (BNSS), which came into force on July 1..The Court analysed the provisions of the BNSS and came to the conclusion that the CrPC immediately stood wiped off the statute book when the new criminal procedure came into force.“The earlier procedural statute namely Cr.P.C., 1973 is wiped off the statute book and resultantly pales into insignificance except to the extent it is preserved by the repealing and savings clause contained in Section 531 of BNSS. A critical analysis of Section 531 of BNSS shows that only the appeal/application/trial/inquiry/investigation pending up to 30.06.2024 shall not be affected by the repealing of Cr.P.C, 1973 & such proceedings would be adjudicated upon in terms of the provisions of Cr.P.C., 1973 itself. Any appeal/application/trial/inquiry/investigation instituted on or after 01.07.2024 has to be essentially adjudicated upon in terms of the provisions of BNSS,” it said..It also came to the following conclusions:Any appeal/application/revision/petition filed on or after July 1, 2024 under the provisions of CrPC, 1973 is non-maintainable and would deserve dismissal/rejection.In case any appeal/application/revision/petition is filed upto June 30, 2024, but there is a defect and such defect is cured/removed on or after July 1, such appeal/application/revision/petition shall be deemed to have been validly filed/instituted on or after July 1 and, therefore, would be non-maintainable.Section 531 of BNSS shall apply to “revision”,“petition” as also “petition of complaint” (complaint before magistrate) with the same vigour as it is statutorily mandated to apply to “appeal/application/trial/inquiry or investigation” in terms of Section 531 of BNSS..In view of these findings, the Court held the present petition filed under the CrPC to be non-maintainable and thus rejected it. .Advocate Ujwal Anand represented the petitioner.Public Prosecutor Manish Bansal, Advocate Shubham Mangla and Advocate Diksha Sharma represented the Union Territory of Chandigarh..[Read Judgment]