Transcribe corresponding sections of repealed Acts in all matters, says HC
LUCKNOW, Oct. 8 -- The Lucknow bench of the Allahabad high court has directed that corresponding sections/provisions of the repealed Acts-the Indian Penal Code (IPC), the Criminal Procedure Code (CrPC) and the Indian Evidence Act-should be transcribed in one paragraph in all matters where provisions/reference of newly promulgated Acts namely the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) are mentioned. Justice Shree Prakash Singh passed the order on September 25, which was uploaded recently, on a petition/application filed by Sana Bano and six others under section 528 of the BNSS. They sought directives to quash the entire proceedings of a criminal case lodged at Sultanpur's Dhanpatganj police station.
The said case is pending before the court of the judicial magistrate, Sultanpur. The petitioners also sought directives to quash the impugned chargesheet dated June 6, 2025 and the impugned cognizance and summoning order dated August 13, 2025. "It's often seen that the applications/petitions/appeals revisions etc. are filed while mentioning of the provisions/sections of newly promulgated Acts, namely, B.N.S./B.N.S.S./B.S.A., but the corresponding provisions of repealed Acts, are not written, which creates tremendous inconvenience to this court and to the counsels appearing in such matters. Time and again, the advocates have also suggested that mention of the corresponding provisions of the old Acts, may facilitate in the earliest adjudication of the matters," the court observed."For the forgoing reasons, it is directed that all the matters, where provisions/reference of newly promulgated Acts (B.N.S./B.N.S.S./B.S.A.) are mentioned, in one of the paragraph, the corresponding sections/provisions of the repealed Acts, (Cr.P.C./I.P.C./Evidence Act) shall be transcribed. Registry is directed to adhere with the aforesaid directions strictly," the court ordered.
Issuing notice to the opposite party, the court directed to list/put up this matter in week commencing November 3, 2025. "Till the next date of listing, the criminal proceedings arising out of FIR No.0095 of 2025, under section 126 (2), 194 (2), 115 (2), 351 (3) of BNS, 2023, Police Station Dhanpatganj, District Sultanpur, shall remain stayed, so far as the present applicants are concerned," the court ordered. HTC...
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