Applicability of IPC and BNS for crime commited both before & after introduction BNS

Dear Client,
The Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) came into force on 1st July, 2024, replacing the Indian Penal Code,1860 and Code of Criminal Procedure,1973 respectively. Questions have arisen regarding whether these new laws apply to offences committed before their effective date of July 1, 2024, and how they impact ongoing proceedings. The Hon'ble Division Bench of Allahabad High Court in the matter of Deepu and Anr. v. State Of U.P . held that while new offences after 01/07/2024 will be governed under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), all offences prior to that date will be governed under the old IPC and Cr. PC. The court observed that if an FIR is registered on or after 1st July, 2024, for an offense committed prior to that date, it should be registered under the provisions of the IPC, but the investigation will proceed as per the BNSS. For investigations pending on 1st July, 2024, the court held that these should continue as per the CrPC until cognizance is taken on the police report. The court clarified that cognizance of pending investigations on or after 1st July, 2024, should be taken as per the BNSS.
All subsequent proceedings, including enquiry, trial, or appeal, must be conducted according to the procedure under the BNSS. The court emphasized that despite the repeal of IPC and Cr.PC, liabilities and punishments under the IPC will continue, but procedural aspects will be governed by the BNSS. The Hon'ble Rajasthan High Court in the case of Krishna Joshi v. State of Rajasthan & Ors. (2024) held that the law applicable on the date of FIR registration will govern the trial, even if it commences after July 1, 2024. The Hon'ble Kerala High Court in the case of Abdul Khader v. State of Kerala (2024) held that appeals filed on or after July 1, 2024, will be governed by BNSS, regardless of whether the trial was conducted under CrPC. So, given the averments of different High Courts, if you want to file an FIR against a crime in January 2025, that will be registered and tried following the provision of BNS.