What Is BNSS Section 533?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 533: Repeal and Savings

(1) The Code of Criminal Procedure, 1973 is hereby repealed.

(2) Notwithstanding such repeal—

(a) if, immediately before the date on which this Sanhita comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1973, as in force immediately before such commencement (hereinafter referred to as the old Code), as if this Sanhita had not come into force: Provided that every inquiry under Chapter XIV of the Old Code, which is pending at the commencement of this Sanhita, shall be dealt with and disposed of in accordance with the provisions of this Sanhita;

(b) all notifications published, proclamations issued, powers conferred, forms provided by rules, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the Old Code and which are in force immediately before the commencement of this Sanhita, shall be deemed, respectively, to have been published, issued, conferred, specified, defined, passed or made under the corresponding provisions of this Sanhita;

(c) any sanction accorded or consent given under the Old Code in pursuance of which no proceeding was commenced under that Code, shall be deemed to have been accorded or given under the corresponding provisions of this Sanhita and proceedings may be commenced under this Sanhita in pursuance of such sanction or consent;

(d) the provisions of the Old Code shall continue to apply in relation to every prosecution against a Ruler within the meaning of article 363 of the Constitution.

(3) Where the period specified for an application or other proceeding under the Old Code had expired on or before the commencement of this Sanhita, nothing in this Sanhita shall be construed as enabling any such application to be made or proceeding to be commenced under this Sanhita by reason only of the fact that a longer period therefor is specified by this Sanhita or provisions are made in this Sanhita for the extension of time.

Brefe Detail

This section provides for the repeal of the Code of Criminal Procedure, 1973, while ensuring that certain proceedings and notifications remain valid. It outlines how pending matters will be handled and clarifies that the old Code continues to apply in specific circumstances, particularly concerning prosecutions against rulers.

Question & Answers

Q1: What does Section 533 state about the Code of Criminal Procedure, 1973?

A1: Section 533 states that the Code of Criminal Procedure, 1973 is hereby repealed.

Q2: What happens to pending appeals or inquiries when this Sanhita comes into force?

A2: Pending appeals, applications, trials, inquiries, or investigations shall be disposed of or continued according to the provisions of the old Code as if the Sanhita had not come into force.

Q3: How are notifications and orders made under the Old Code treated after the repeal?

A3: They shall be deemed to have been made under the corresponding provisions of the Sanhita.

Q4: What happens if a sanction was given under the Old Code but no proceedings commenced?

A4: Such a sanction shall be deemed to have been given under the corresponding provisions of the Sanhita, allowing for proceedings to commence under the new Code.

Q5: Do the provisions of the Old Code continue to apply in any specific cases?

A5: Yes, the provisions of the Old Code will continue to apply to prosecutions against a Ruler under article 363 of the Constitution.

Q6: What is stated about expired periods for applications or proceedings under the Old Code?

A6: If the period for an application or proceeding under the Old Code expired before the commencement of this Sanhita, it cannot be made or commenced under this Sanhita, even if a longer period is specified.

Example

1. Example of Handling Pending Trials: If there is a trial ongoing under the old Code when the Sanhita comes into effect, it will continue under the old Code's provisions until resolved.

2. Example of Notifications: A notification issued under the Old Code that is still in effect will automatically be considered valid under the new Sanhita.

3. Example of Sanction Application: If a consent was granted under the Old Code but no action was taken, that consent is treated as valid under the Sanhita, allowing proceedings to move forward.

Summary

Section 533 of the Bharatiya Nagarik Suraksha Sanhita, 2023, repeals the Code of Criminal Procedure, 1973, while preserving the validity of pending appeals and existing notifications. It ensures that certain provisions continue to apply and clarifies how matters related to the old Code will be handled moving forward.