A petition under the CrPC, filed before the enforcement of BNSS, is time-barred. However, if the delay is condoned after July 1, it becomes valid. This scenario illustrates the interplay between procedural timing and statutory enforcement. Addressing such petitions involves considering both the filing date and subsequent condonation of delay post-enforcement.
Chandigarh: The Punjab and Haryana High Court addressed a crucial legal question regarding the applicability of procedural law to time-barred petitions filed before the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which came into effect on July 1, 2024. The court’s decision clarifies whether such petitions, if the delay is condoned after July 1, 2024, will be governed by the old Code of Criminal Procedure (CrPC), 1973, or the new BNSS, 2023.
The case, CRR No. 2914 of 2023 (O&M), involves the petitioner, Mandeep Singh, who convicted under Section 138 of the Negotiable Instruments Act, 1881, by both the trial court and the sessions court. Represented by Mr. P.S. Sekhon, Advocate, Singh filed a revision petition under Section 401 of the CrPC on December 15, 2023.
However, the petition filed beyond the statutory limitation period of 90 days, leading Singh to file an application for condonation of delay under Section 5 of the Limitation Act, 1963.
The central legal question in this case whether the revision petition, which technically time-barred, would be governed by the provisions of the Code of Criminal Procedure (CrPC) of 1973 or the Bharatiya Nyaya Salah Sanhita (BNSS) of 2023, if the delay in filing the petition condoned after July 1, 2024. This issue arose due to the enactment of the BNSS, which repealed the CrPC effective from July 1, 2024.
Justice Anoop Chitkara, who presided over the case, made several significant observations. The court first allowed the delay application, thereby extending the time to file the revision petition. The crux of the ruling revolved around the interpretation of Section 531 of the BNSS, 2023, and Section 6 of the General Clauses Act, 1897.
Section 531 of the BNSS states that any appeal, application, trial, inquiry, or investigation pending as of June 30, 2024, will continue to be governed by the CrPC, 1973. Justice Chitkara noted that the petitioner’s revision application, though filed late, pending as a delay condonation application before July 1, 2024. Therefore, the court concluded that the CrPC, 1973 would be applicable to the revision petition.
Justice Chitkara of the Punjab and Haryana High Court, referencing Section 6 of the General Clauses Act, stated,
“No right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment which has been repealed shall be affected by such repeal.”
Additionally, the court cited a notable ruling from National Planners v. Contributories, AIR 1958 Punjab 230, which reinforced the principle that repealed statutes do not impact pending actions unless explicitly stated.
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Justice Chitkara elaborated,
“The effect of condonation of delay is that the delay is forgiven, and the plea is treated as filed within the limitation period; thus, it would relate back to the date on which the limitation expired.”
In conclusion, the Punjab and Haryana High Court determined that since the delay application was accepted, the petition should be adjudicated under Section 401 of the CrPC, 1973, rather than under the BNSS, 2023. This ruling ensures consistency and stability in legal proceedings, preventing the abrupt application of new procedural laws to ongoing cases.
The case now scheduled for further hearing on July 4, 2024.