SHRI S. RABBAN ALAM V. CBI THOUGH ITS DIRECTOR, 2024(DEL) 797
FACTS: In this case, an appeal has been filed under Section 415 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), despite the fact that the investigation and trial were conducted under the Prevention of Corruption Act, 1988, and the Code of Criminal Procedure, 1973 (Cr.P.C.).
ISSUE: If an appeal is 'pending' before the enforcement of the BNSS, should it be continued under the Cr.P.C. or the BNSS?
OBSERVATION: The Delhi High Court observed that an appeal pending before the new law takes effect can continue under the Cr.P.C. However, if an appeal is filed after the enforcement of the new criminal laws, it will be governed by the provisions of the BNSS, regardless of the trial's adherence to the Cr.P.C. Justice Bhambhani noted that the appeal was filed under the BNSS, even though the investigation and trial were conducted under the Prevention of Corruption Act, 1988, and the Cr.P.C. The Court clarified that according to Section 531(2)(a) of the BNSS, any appeal, application, trial, inquiry, or investigation "pending" before the new law's commencement should be continued and disposed of under the Cr.P.C. Consequently, the Court admitted the appeal and issued notice.