Will the 3 laws (to be effective from 01.07.2024) apply to existing on-going criminal cases where charges have been framed, examination and cross-examination has already started (but not completed for all witnesses yet)? In particular will the new evidence act apply when recording evidence after 01.07.2024? If the charges were framed on some section(s) of IPC, will it now be re-worded with reference to the corresponding section of BNS? If there are small changes between the IPC and BNS versions, based on which of them will the judgement be delivered (for the ongoing trial)?
A.The three new criminal laws that were passed by Parliament in 2023 will come into effect from July 1, 2024, according to a notification by the Ministry of Home Affairs (MHA). Section 106(2) of the Bharatiya Nyaya Sanhita (BNS), which provides for punishment of “0-10 years” in “hit and run” cases, has been put on hold. Earlier this year, transporters and drivers across the country struck work to protest the particular provision.
The introduction of new laws typically operates on a prospective basis rather than retroactively. This means that the new laws apply to future events and circumstances, not past ones.
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Replied 1 week ago
Thanks Sir. I agree. But the catch is that the govt is saying that the three new laws will 'repeal' the previous laws the moment it comes into effect. Hence the confusion.
A.Dear sir,
It goes to show that whenever new laws are introduced it cannot be Retrospective effect. It will be effect from Prospective only as indicated in new enactment.
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new criminal laws-applicability to existing on-going cases
Can we check the Affidavits that lawyers upload online to submit the court
