CRL.A. 578/2024
The Delhi High Court recently provided a possible interpretation for Section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 regarding pending appeals. Justice Bhambhani noted that a plain reading of this section suggests that if an appeal, application, trial, inquiry, or investigation was pending before the BNSS came into force, it should be continued under the Code of Criminal Procedure (CrPC). However, the court highlighted a possible interpretation that only appeals pending before the BNSS's enforcement would continue under the CrPC. he further noted that the general principle is that an appeal is considered a continuation of the trial. This principle seems to conflict with the potential interpretation of Section 531(2)(a) BNSS.
Given the complexity of the issue, the court left open the question of whether the present appeal should be entertained under Section 374 of the CrPC or Section 415 of the BNSS for future consideration. The appeal was filed under BNSS, challenging the conviction under the Prevention of Corruption Act, 1988. The investigation and trial were conducted under the old CrPC. The court suspended the appellant's sentence when the appeal was pending, considering factors such as his age, health condition, and the nature of the sentence.
This judgment highlights the challenges in transitioning from the old criminal law system to the BNSS. The court's cautious approach in leaving the interpretation question open reflects the complexity of applying new procedural laws to cases that began under the old system.
The court's interpretation of Section 531(2)(a) BNSS, if adopted more broadly, could have significant implications for pending and future appeals. It suggests that the timing of filing an appeal could determine which law applies, potentially creating a complex landscape for cases straddling the transition period.