Section 531 of BNSS : Section 531: Repeal and savings.

Explanation using Example

Example 1:

Rajesh was involved in a criminal case that was being tried under the Code of Criminal Procedure, 1973. The trial was ongoing when the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force. According to Section 531(2)(a) of the new Sanhita, Rajesh's trial will continue under the provisions of the old Code of Criminal Procedure, 1973, as if the new Sanhita had not been enacted. This ensures that there is no disruption or confusion in the ongoing legal proceedings.

Example 2:

Meena had filed an appeal under the Code of Criminal Procedure, 1973, and it was pending when the Bharatiya Nagarik Suraksha Sanhita, 2023 came into effect. According to Section 531(2)(a), her appeal will be disposed of in accordance with the provisions of the old Code of Criminal Procedure, 1973. This means that the new Sanhita will not affect the handling of her appeal, ensuring continuity and consistency in the legal process.

Example 3:

The local jurisdiction for a particular court was defined under the Code of Criminal Procedure, 1973. When the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force, Section 531(2)(b) ensures that the local jurisdiction defined under the old Code will be deemed to have been defined under the new Sanhita. This means that there will be no need to redefine the local jurisdictions, and the existing definitions will continue to apply seamlessly.

Example 4:

A notification regarding the appointment of a public prosecutor was issued under the Code of Criminal Procedure, 1973, and it was in force immediately before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into effect. According to Section 531(2)(b), this notification will be deemed to have been issued under the corresponding provisions of the new Sanhita. Therefore, the appointment of the public prosecutor remains valid and effective under the new law.

Example 5:

Vikram had received a sanction to prosecute a government official under the Code of Criminal Procedure, 1973, but no proceedings had been commenced before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force. According to Section 531(2)(c), the sanction will be deemed to have been given under the new Sanhita, and Vikram can commence proceedings under the new law based on the previously granted sanction.

Example 6:

An application for bail was to be filed by Suresh under the Code of Criminal Procedure, 1973, but the period specified for filing the application had expired before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force. According to Section 531(3), Suresh cannot file the application under the new Sanhita just because it allows for a longer period or extension of time. The expiration of the period under the old Code remains effective, and the new Sanhita does not provide a new opportunity to file the application.