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When does Section 531(2)(a) BNSS save the case to be under CrPC
18-Aug-2026 (In Criminal Law)
On 17 May 2024 judge send reminder to police to complete police report ordered Cr PC u/s 156(3). BNSS went effective Jul 1, 2024. On 29 August 2024 police report filed U/s 202 of Cr.P.C and judge call complainant for Say. The question is is this case saved by Section 531(2)(a) BNSS to be under Cr PC or does BNSS apply to this case?
For proceedings filed under CRPC, the old act would apply.
for any new applications the new act would apply.
202 crpc would apply if cognizance has been taken by magistrateunder section 200 crpc and ordered a police enquiry under 202.
since your case is still under 156(3) police report under 202 cannot be submitted
in case you have any queries please feel free to contact me
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Adv. Kunal Seth
Delhi | 700+ Answers
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Since the proceedings under Section 156(3) CrPC were pending before 1 July 2024, Section 531(2)(a) BNSS saves them. Therefore, CrPC will continue to govern the case despite the police report being filed later.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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there is a distinction: some High Courts have held that while a pending investigation remains governed by Cr.P.C., cognizance and subsequent proceedings may be governed by BNSS. The Allahabad High Court has expressly taken this stage-wise approach.
So, for your exact facts, I would argue that the 17 May 2024 Section 156(3) proceeding/investigation was already pending on 1 July 2024 and is saved by Section 531(2)(a). The mere filing of the police report on 29 August 2024 does not retrospectively make the investigation a BNSS investigation.
Practical submission: If the opposite side argues that BNSS applies merely because the report was filed after 1 July 2024, rely on Section 531(2)(a), D.P. Mittal v. Ashwini Ram Nath (Delhi HC), and the Karnataka HC decision in Thara Peethambaram v. State of Karnataka to contend that the proceeding must continue under the Cr.P.C.
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Adv. Jayatee Chatterjee
Delhi | 5+ Answers
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The case appears to be saved under Section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The relevant test is whether an investigation, inquiry, trial, application or other proceeding was pending immediately before 1 July 2024. In the present case, the Magistrate had already passed an order under Section 156(3) CrPC on 17 May 2024, i.e., before the BNSS came into force. Therefore, if the police machinery had commenced the process pursuant to that order and the matter was pending on 1 July 2024, the investigation would continue under the provisions of the CrPC by virtue of the saving clause. Consequently, the police report/final report would ordinarily be governed by Section 173 CrPC. The mere fact that the report was submitted on 29 August 2024 does not automatically make the entire pending investigation subject to BNSS. However, the exact position may depend upon whether the investigation had actually commenced before 1 July 2024 and the nature of proceedings pending on that date.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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