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The Bombay High Court’s Goa bench has determined that investigations into cases lodged before July 1, 2024, will adhere to the provisions of the now-repealed Criminal Procedure Code (CrPC) rather than the recently enacted Bharatiya Nagarik Suraksha Sanhita (BNSS). This decision was issued in the context of the case Chowgule and Company Pvt. Ltd. vs. State of Maharashtra (Criminal Writ Petition 618 of 2024).
Single-judge Justice Bharat Deshpande delivered the order, rejecting the argument that the new BNSS law should govern investigations into cases filed before its enactment. The court emphasized that the procedural rules applicable to pre-BNSS cases must remain consistent with the CrPC to ensure fairness and continuity in legal processes.
Justice Deshpande’s ruling addresses a critical legal question concerning the transition from the CrPC to BNSS, which was enacted as a comprehensive reform to the criminal justice system. The BNSS is intended to replace the CrPC and introduce new procedures for criminal investigations and trials. However, the court’s decision underscores the principle that changes in law do not retroactively alter the procedural rules governing cases initiated under the previous legal framework.
The ruling clarifies that for cases filed prior to the implementation of BNSS, the investigations will continue under the CrPC’s provisions, thereby ensuring that ongoing legal proceedings are not disrupted by the transition to the new law.
This decision is expected to impact the handling of numerous cases in the transition period and provides clarity on the procedural application during this period of legal reform.