Procedure for criminal appeals filed on or after July 1, 2024 to be governed by BNSS, not CrPC: Kerala High Court

The Kerala High Court has held that appeals filed on or after July 1, 2024, the day on which the three new criminal bills came into effect shall be governed by the procedure provided under the Bharatiya Nyaya Sanhita, 2023, [BNSS] and not the Code of Criminal Procedure, 1973 [CrPC]. [Abdul Khader v. State of Kerala].Justice PG Ajithkumar also held that even if the judgment of conviction was delivered before July 1, appeals challenging it filed after July 1, can be filed following the procedure under BNSS. The Court's order held as follows:An appeal filed on or after 01.07.2024 shall be governed by the procedure provided under the BNSS and not by the provisions of the Code of 1973.Whether the judgment of conviction was before or after 01.07.2024, if the appeal is filed on or after 01.07.2024, the same can be filed following the procedure contained in the provisions of the BNSS.All applications filed and steps taken in the appeals filed prior to 01.07.2024 shall be under the provisions of the Code of 1973. When an appeal/application is represented after curing filing defects, its date of filing shall relate back to the date of its first presentation..The order was passed in an appeal challenging a judgment of conviction delivered on June 12, 2024. A question arose as to whether this appeal should have been filed under Section 415 of the BNSS, which is the provision corresponding to Section 374 CrPC..The Court observed that Section 531 of BNSS, which deals with repeals and savings of CrPC, only saves the right that all proceedings - investigation, inquiry, trial, appeal and application- commenced before BNSS came into force shall be continued or held or made according to the provisions of CrPC alone.However, on the completion of such proceedings initiated under CrPC in a matter, further steps are to be taken according to the provisions of the BNSS, the Court said. .The Court also referred to a recent judgment of the Punjab and Haryana High Court in xxx v. State of UT Chandigarh & Anr. in a similar case and found itself in agreement with most of the principles laid down in it. However, it disagreed with the Punjab and Haryana High Court's view that appeals filed after July 1 under CrPC and appeals which are filed before July 1 but in which defects are cured after July 1, would be non-maintainable."Once the filing defect is cured and the appeal/application/revision/petition is properly represented, its date of filing shall relate back to the date of its first presentation. The applicable law shall be decided with reference to the date of its first presentation and not to its representation", the Court explained. .As for the present appeal, the Court said that while it ought to have been filed as per the BNSS, it does not deserve to be dismissed as non-maintainable on that ground alone. The appellant was directed to take steps to make necessary amendments to the appeal. .The appellant was represented by advocates Sidharth O, Anwin John Antony, PC Moideen, Susanth Shaji, Mohammed Asif P, and Albin A Joseph.The State was represented by Public Prosecutor Sheeba Thomas..[Read Order]