The answer to the above question lies in Section 358(2)(e) of the Bharatiya Nyaya Sanhita (BNS) read with Section 4(1) of CrPC, Section 4(1) of the BNSS and Section 6 of the General Clauses Act.
Section 4(1) of the BNSS clearly states that the offences committed under the BNS shall be investigated, enquired into, tried and otherwise dealt with according to the provisions hereinafter contained.
Section 4(1) of the BNSS does not refer to the Indian Penal Code at all.
So, the BNSS will apply only to offences under the BNS committed on and after July 1, 2024.
So, for the murder committed on 25.06.2024, the investigation that was instituted on 05.07.2024 would continue under the CrPC, 1973 in terms of Section 4(1) of the CrPC, 1973.
i. The answer to the above question lies in Section 358(2)(e) of the Bharatiya Nyaya Sanhita (BNS) read with Section 4(1) of CrPC, Section 4(1) of the BNSS and Section 6 of the General Clauses Act.
Section 4(1) of the BNSS clearly states that the offences committed under the BNS shall be investigated, enquired into, tried and otherwise dealt with according to the provisions hereinafter contained. Section 4(1) of the BNSS does not refer to the Indian Penal Code at all. So, the BNSS will apply only to offences under the BNS committed on and after July 1, 2024.
Section 358(2)(e) of the BNS states that any proceeding, investigation or remedy in respect of any such penalty or punishment as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Code (IPC) had not been repealed.
So, for the murder committed on 25.06.2024, the investigation that was instituted on 05.07.2024 would continue under the CrPC, 1973 in terms of Section 4(1) of the CrPC, 1973.
