The Kerala High Court ruled that criminal appeals filed on or after July 1, 2024, will be governed by the BNSS (Bharatiya Nyaya Sanhita Samhita) instead of the CrPC (Criminal Procedure Code). This applies even if the judgment of conviction was delivered before July 1.
Kerala: The Kerala High Court ruled that appeals filed on or after July 1, 2024, the date when the three new criminal bills became effective, must adhere to the procedures outlined in the Bharatiya Nyaya Sanhita, 2023 (BNSS), rather than those in the Code of Criminal Procedure, 1973 (CrPC).
Justice PG Ajithkumar also clarified that appeals challenging convictions delivered before July 1, 2024, but filed afterward, must follow BNSS procedures.
Read Also: New Criminal Laws BNS, BNSS, and BSA 2023 to be Enforced from 1st July 2024
The Court’s ruling stated the following,
- Any appeal lodged on or after July 1, 2024, shall adhere to the procedures outlined in the BNSS, rather than those stipulated in the Code of 1973.
- Regardless of whether the judgment of conviction occurred before or after July 1, 2024, appeals submitted on or after this date must follow the BNSS procedures.
- For all applications submitted and actions taken in appeals filed before July 1, 2024, the provisions of the Code of 1973 will apply.
- If an appeal or application is refiled after correcting any filing errors, its filing date will be considered as the date it was initially presented.
The order issued in response to an appeal challenging a conviction judgment delivered on June 12, 2024.
A question arose regarding whether this appeal should have been filed under Section 415 of the BNSS, which corresponds to Section 374 of the CrPC.
The Court noted that Section 531 of the BNSS, addressing the repeals and savings of the CrPC, preserves the right for all proceedings investigation, inquiry, trial, appeal, and application initiated before the BNSS’s implementation to continue or be conducted according to the CrPC provisions.
However, the Court emphasized that once proceedings initiated under the CrPC are completed, any further actions must comply with the BNSS provisions.
The Court also referenced a recent ruling by the Punjab and Haryana High Court in a similar case, xxx v. State of UT Chandigarh & Anr., and agreed with most of its principles.
However, the Court disagreed with the view of the Punjab and Haryana High Court that appeals filed under the CrPC after July 1, and appeals filed before July 1 but with defects cured after this date, would be non-maintainable.
The Court explained,
“Once the filing defect is cured and the appeal/application/revision/petition is properly represented, its date of filing shall relate back to the date of its first presentation. The applicable law shall be decided with reference to the date of its first presentation and not to its representation,”
Regarding the current appeal, the Court stated that while it should have been filed in accordance with the BNSS, it should not be dismissed as non-maintainable on this basis alone. The appellant instructed to make the necessary amendments to the appeal.
The appellant represented by advocates Sidharth O, Anwin John Antony, PC Moideen, Susanth Shaji, Mohammed Asif P, and Albin A Joseph.
Public Prosecutor Sheeba Thomas represented the State.
Read Order: [Abdul Khader v. State of Kerala]
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