Trial/Investigation For FIR Lodged Before Enforcement Of New Criminal Laws To Be Governed By CrPC, Not BNSS:…
Context
India’s criminal justice system is mainly governed by the Code of Criminal Procedure, 1973 (CrPC) which lays down the procedure for investigation, trial, and adjudication of crimes.
Recently, new criminal laws or procedural enactments may be introduced (for example, the Bihar Special Surveillance and Security Act, 2023 (BNSS) or similar new laws). The question arises:
When an FIR (First Information Report) is lodged before the enforcement of the new criminal law, which procedure should apply for investigation and trial? The old procedure (CrPC) or the new law (BNSS)?
The Principle
Trial and investigation of cases registered before the new law’s enforcement date will be governed by the procedure existing at the time of lodging the FIR, i.e., the CrPC, and not the new law.
The new law cannot be applied retrospectively to affect procedural rights or change the investigation/trial mechanism already initiated.
Explanation
FIR as the Starting Point:
The FIR sets the process in motion for investigation and trial. The procedural law in force at the time of FIR registration governs the entire process.
Non-Retroactivity of Procedural Laws:
The general rule of law is that procedural laws are not retrospective unless the legislature explicitly states so. Applying a new procedural law to pending cases would disrupt the procedural fairness guaranteed to the accused and parties involved.
Fairness and Due Process:
Accused persons have a legitimate expectation that their trial will be conducted according to the law in force when the case started. Applying new procedural rules might violate their right to a fair trial.
Legislative Intent:
Courts look at whether the new law explicitly states retrospective application. In absence of such express provision, retrospective application is disfavored.
Important Case Laws
1. Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565
The Supreme Court held that procedural laws cannot be applied retrospectively to pending cases unless expressly stated.
It upheld that trials must follow the procedure in force when the case was registered.
2. Kuldip Nayar v. Union of India, AIR 2006 SC 3127
The Supreme Court emphasized the principle that changes in criminal procedure will apply only to future cases and not to cases already initiated.
3. Rakesh Kumar Arora v. State of Haryana, (2016) 6 SCC 737
The Court ruled that procedural laws should be applied prospectively unless the statute clearly mentions retrospective application.
4. State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335
The Supreme Court reiterated that the investigation and trial must comply with the procedure prescribed at the time of FIR lodging and trial commencement.
Summing Up
| Aspect | Principle |
|---|---|
| FIR Lodged | Date of FIR registration fixes procedural law applicable |
| New Law Enforced Later | New procedural law (BNSS) not applicable retrospectively unless expressly stated |
| Investigation & Trial | Conducted under CrPC if FIR lodged before new law |
| Rationale | Protects fairness, legitimate expectation, and due process rights |
| Case Law | Gurbaksh Singh Sibbia, Kuldip Nayar, Rakesh Kumar Arora, Bhajan Lal |
Practical Implication
Suppose the BNSS law came into force on 1st January 2025, but an FIR for a particular offence was lodged on 1st December 2024 under the IPC/CrPC framework.
The investigation and trial for this case must continue under CrPC provisions.
The BNSS provisions cannot be invoked retrospectively for such cases.
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