The enactment of these new laws, particularly Section 531 of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), presents challenges in application. These challenges may lead to delays in resolving pending cases before Indian courts if lessons learned from the transition from CrPC 1898 to CrPC 1973, through Section 484, are not utilized in implementing Section 531 of BNSS 2023.

New Delhi (ABC Live): Transitioning from the Criminal Procedure Code (CrPC) to the Bharatiya Nagarik Suraksha Sanhita (BNSS) poses significant challenges and requires careful navigation by the Indian judiciary. Enacting and amending laws necessitates meticulous legal and judicial scrutiny to prevent ambiguities and ensure effective implementation. Recently, India introduced three new criminal laws: the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023.

The enactment of these new laws, particularly Section 531 of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), presents challenges in application. These challenges may lead to delays in resolving pending cases before Indian courts if lessons learned from the transition from CrPC 1898 to CrPC 1973, through Section 484, are not utilized in implementing Section 531 of BNSS 2023.

Section 531 of BNSS repeals the CrPC of 1973 and stipulates that pending appeals, applications, trials, inquiries, or investigations as of July 1, 2024, continue under the 1973 CrPC until concluded. Notifications, proclamations, powers, and other provisions under the 1973 CrPC are deemed applicable under BNSS, and sanctions and consents granted under the 1973 CrPC remain valid for commencing proceedings under BNSS. Limitation periods that expired under the 1973 CrPC before July 1, 2024, are not extended by BNSS.

Section 531 mirrors Section 484 of the repealed CrPC of 1973, which historically led to significant legal challenges due to complexities in categorizing criminal proceedings and applying old versus new procedural laws. Despite introducing substantive changes in criminal procedure—such as digital investigations, asset seizure, enhanced rights for accused individuals, trials in absentia, and modifications to evidence rules—the BNSS may involve fewer procedural changes compared to the extensive revisions of the 1973 CrPC.

The judiciary's approach to interpreting Section 531 of BNSS will draw on lessons from Section 484 of the 1973 CrPC, focusing on:

1. Interpretive Principles: Clearly delineating procedural stages (appeals, trials, etc.) to determine the applicability of old versus new laws.
2. Transitional Clarity: Defining when proceedings under the old law end and those under BNSS begin for procedural continuity.
3. Protection of Vested Rights: Preserving rights accrued under the old law despite new enactments.
4. Precedents and Legislative Intent: Considering past interpretations and legislative objectives to ensure consistency and fairness.
5. Addressing Ambiguities: Clarifying ambiguous terms and provisions in BNSS.
6. Stakeholder Consultation: Engaging with legal experts, practitioners, and stakeholders to understand practical implications and perspectives.

In navigating these complexities, the judiciary aims to effectively transition India's criminal procedural laws to BNSS while upholding justice and legal clarity for all stakeholders involved.