Bharatiya Nagrik Suraksha Sanhita 2023 Or Criminal Procedure Code 1973 – The Dilemma

From July 1, 2024, the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) has replaced the Criminal Procedure Code, 1973 (CrPC) in India. While it is beyond any doubt that if the date of occurrence of the alleged offence is prior to July 1, 2024, the offence will be registered under the Indian Penal Code, 1860. However, when it comes to procedural law, i.e. enforcement of BNSS, the Judges, law enforcers and lawyers are facing challenges with respect to the applicability of the law pertaining to the registration of the First Information Report (FIR), Investigation and the Trial.

While the Union Home Minister had earlier clarified that if the date of crime is before July 1, 2024, then it will be tried under old laws, if it is later, it will be tried under new laws, there still exists an ambiguity with regard to the procedure to be implemented during the transition phase into the new laws.