ABDUL KHADER V STATE OF KERALA, 2024 (KER) 455

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ABDUL KHADER V STATE OF KERALA, 2024 (KER) 455

In this case the Kerala High Court has established the following principles to determine the applicability of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) versus the Code of Criminal Procedure, 1973 (Cr.P.C.) when an appeal is filed:

1. An appeal filed on or after 01.07.2024 shall be governed by BNSS.

2. Irrespective of whether the conviction was given on or before 01.07.2024 or if the appeal is filed on or after 01.07.2024, BNSS is to be followed.

3. All applications filed and steps taken in appeals prior to 01.07.2024 shall be governed by Cr.P.C.

4. When an appeal/application is re-presented after curing defects, its date of filing shall be the date of its first presentation.

The Punjab High Court also ruled that any appeal, revision, or application filed on or after 01.07.2024 under Cr.P.C. will be deemed non-maintainable and will be dismissed. If any appeal, application, or revision filed before 30.06.2024 had defects and was corrected on or after 01.07.2024, such petitions will be considered as filed on or after 01.07.2024 and will be non-maintainable if originally filed under Cr.P.C.