FIR For Offences Committed Before July 1, 2024 Has To Be Registered Under IPC Even After Enforcement Of Bhartiya Nyaya Sanhita: Rajasthan HC

The Rajasthan High Court has held that for offenses committed prior to July 1, 2024, an FIR must be registered under the Indian Penal Code (IPC), even after the enforcement of the Bharatiya Nyaya Sanhita, 2023. The Court emphasized the application of Article 20 of the Constitution of India, which mandates that no person shall be convicted of any offense except for violation of the law in force at the time of the act, and no person shall be subjected to a penalty greater than that applicable at the time of the commission of the offense. A Single Bench of Justice Arun Monga observed, “It is, therefore, incumbent that if an FIR is registered on or after July 1, 2024, for an offense committed prior to July 1, 2024, the FIR must be registered under the provisions of the IPC.”

Advocate Firoz Khan appeared on behalf of the petitioners, while Advocate C.P. Soni represented the respondents. The petitioner contended that once the Indian Penal Code (IPC) is repealed, no FIR can be registered invoking offenses under IPC provisions, and thus, the impugned FIR registered under the IPC should be quashed on this ground alone. The High Court addressed the question of whether, after the enforcement of the Bharatiya Nyaya Sanhita, 2023 (BNS) from July 1, 2024, an FIR could be registered under the IPC for offenses committed prior to July 1, 2024, in the affirmative. The Court held, “In my opinion, a combined reading of Article 20 of the Constitution of India and the saving provisions of Section 358 of the BNS clearly indicates that the IPC shall apply to any obligation, liability, penalty, or punishment accrued or incurred before July 1, 2024. In other words, for offenses committed under the IPC before July 1, 2024, the offender can and must be dealt with and punished under the IPC, even after the enforcement of the Bharatiya Nyaya Sanhita from July 1, 2024.”

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5522/2024

1. Vijay Sharma S/o Shri Suresh Kumar Sharma, Aged
   About 32 Years, 137, Central School Scheme, Near
   Airforce, Ratanada, Jodhpur.
2. Prahalad S/o Shri Nagji Ram, Aged About 35 Years,
   Rodo Ki Dhani, Bhinmal Distt. Jalore. —-Petitioners
   Versus
3. State Of Rajasthan, Through PP
4. Satish Kumar S/o Late Shri Babu Lal, 119, Magh
   Colony, Bhinmal, Distt. Jalore. —-Respondents
   For Petitioner(s) : Mr. Firoz Khan
   For Respondent(s) : Mr. C.P. Soni
   Mr. Aju V. Josh (R-2)
   Mr. Vikram Rajpurohit, PP
   

HON’BLE MR. JUSTICE ARUN MONGA
Order Reportable 21/08/2024