CHOWGULE AND COMPANY PVT. LTD. V. STATE OF MAHARASHTRA (CRIMINAL WRIT PETITION 618 OF 2024)

CHOWGULE AND COMPANY PVT. LTD. V. STATE OF MAHARASHTRA (CRIMINAL WRIT PETITION 618 OF 2024)

FACTS:An FIR was filed on June 14, 2024, under sections 409 (criminal breach of trust), 420 (cheating), 477A (falsification of accounts), and 120B (criminal conspiracy) of the Indian Penal Code. The Bharatiya Nagarik Suraksha Sanhita (BNSS) came into effect on July 1, 2024.

Issue: Will cases filed before July 1, 2024, be investigated under the CrPC or the BNSS?

OBSERVATION:The Bombay High Court's Goa bench ruled that cases lodged before July 1, 2024, will be investigated under the provisions of the repealed Criminal Procedure Code (CrPC) rather than the BNSS. The Court clarified that, according to the saving clause in Section 531(2)(a) of the BNSS, ongoing investigations prior to the new law’s enactment will continue to be governed by the CrPC as if the BNSS had not been enacted.