Deepu And 4 Others Vs State Of U.P. And 3 Others (Allahabad High Court)
Allahabad High Court has issued a significant ruling clarifying the application of the newly enacted Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) concerning offences committed before their commencement on July 1, 2024, but where the First Information Report (FIR) is lodged thereafter. The judgment came in the case of Deepu And 4 Others Vs State Of U.P. And 3 Others, a writ petition seeking to quash an FIR and prevent the petitioners’ arrest.
The case originated from an FIR registered on July 3, 2024, under various sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act, related to incidents alleged to have occurred between April 2, 2024, and June 28, 2024. A key point of contention raised by the petitioners’ counsel was that the FIR, lodged after the new criminal laws came into effect, should have been registered under the BNS, not the IPC.
Responding to an earlier court order, the Superintendent of Police, Hamirpur, filed a personal affidavit. The affidavit explained that the FIR was registered under the IPC because the alleged offences took place before the BNS came into force. It also referenced a circular dated July 4, 2024, issued by the Police Technical Services Headquarters, Uttar Pradesh. This circular stipulated that offences committed prior to the enforcement of BNS should be registered under the IPC, but the investigation procedure would follow the BNSS.
