In a landmark decision under the freshly minted Bharatiya Nagarik Suraksha Sanhita (BNSS), the Punjab and Haryana High Court declared that Section 531 mandates the adjudication of pending appeals under the Code of Criminal Procedure (CrPC), not the BNSS.
In a cheque-bounce case, Single-judge Justice Anoop Chitkara issued the ruling on July 2. The order stressed that pending appeals registered before the BNSS enactment should be processed as per the CrPC. Justice Chitkara noted that Section 531 of the BNSS explicitly stipulates the continuation of pending appeals under the old law, reinforcing the decision with the CrPC provisions.
The observations emerged during the hearing of a plea to condone a 38-day delay in filing a criminal revision petition under Section 401 of the CrPC. The High Court’s scrutiny of whether to apply the old or new criminal code concluded with the preference for CrPC for proceedings predating the BNSS.
The court underscored that all legal actions pending by June 30, 2024, would follow the CrPC, allowing the delay condonation plea. The case is scheduled for further hearing on July 4.
The accused, Mandeep Singh, was represented by Advocate PS Sekhon, while Advocate Abhay Gupta appeared for the complainant, Kulwinder Singh. Additional Advocate General TPS Walia and Deputy Advocate General Swati Batra represented the State of Punjab.
