In criminal justice system the concept of trinity is embodied in the Code of Criminal Procedure Code, Indian Penal Code and Indian Evidence Act. These three acts called as Criminal Major Acts. Indian Penal Code defines Crimes and prescribes punishment for that, the Code of Criminal Procedure Code directs the procedure followed in detecting, investigating crimes and determines the process of adjudication of crimes before Court of Law with the aid of Indian Evidence Act .

The Indian Penal Code has been enacted in the year 1860, and came in to force from 1st January 1862, the code of Criminal Procedure came into force from 1st April 1974 and Indian Evidence Act came into force from 1st September 1872. And these three criminal major acts were repealed and replaced with Bharatiya Nyaya Sanhitha 2013, Bharatiya Nagarik Suraksha Sanhitha 2013 and Bharatiya Sakshya Adhiniyam 2013 on 1st July 2024.

Among three criminal major acts, the code of criminal Procedure 1898 has been repealed and replace by the code of criminal Procedure 1973. It is pertinent to submit at this juncture that both old code 1973 and new BNSS has a twin provision namely repeal and saving clause Ad eundem and Ad eundem gradum .

Let us discuss about trial and enquiry by virtue of repeal and savings clause brought in criminal laws.Generally speaking trial would mean determination of guilt or otherwise relating to an offence but inquiry would include application of mind for determination of any issue arising in a particular case. Thus, the term "inquiry" has been used in a wider sense sense and within its ken it will include such proceedings which do not require adjudication upon a guilt or determination of an offence. It would also include proceedings which precede the stage of trial. (Devinder Mohan Zakhim Vs. Amritsar Improvement Trust 2002 CRLJ 4485).

Trial in a warrant case commences only when the charge is read to the accused and he is called upon to answer the charge (state Vs. Ghani Bandar AIR 1960 J&K 71).

The courts were rendering divergent decisions as to pendency of trial and inquiry for the purpose of repeal and savings clause. It is opt to refer the findings of Lordships as to interpretation of new statutes. Which follows'' It is the golden rule of interpretation that words of a statute must be understood in their natural, ordinary or popular sense and construed according to their grammatical meaning.. The words of statute must prima facie be given their ordinary meaning and when the words of statute are clear, plain and unambiguous then the Courts are bound to give effect to that meaning irrespective of consequences unless such construction leads to absurdity or contrary to object of statute (Yash Pal and Anr Vs. state of Haryana and others CRWP-4660-2021 ).

In KS Puttaswamy vs. Union of India (2017), the Court reiterated that retrospective laws should not create new offenses or increase penalties for past actions. This ruling protects individuals' rights under the Constitution.

If an offence is committed on or after July 1, 2024, clearly, the newly enacted Bharatiya Nyaya Sanhita (which repealed the Indian Penal Code) and Bharatiya Nagarik Suraksha Sanhita (which repealed the Code of Criminal Procedure, 1973) will apply at both investigation and trial stage. Crimes reported and being tried prior to the said date will continue to be So far as the first issue is concerned, in Krishna Joshi v State of Rajasthan & Ors. [2024 LiveLaw (Raj) 155], the Rajasthan High Court on July 9 held that the moment an FIR is registered, criminal law is deemed to be set in motion and hence, the law as applicable on the date of registration of FIR will be the governing law. So to say, trial for FIRs lodged on or after July 1 will be governed by BNSS. However, trial for FIRs lodged prior to that, even if it commences after July 1, will be governed by the CrPC.governed by IPC and CrPC.

viewed from the lens of Punjab & Haryana High Court, if a FIR is lodged under IPC but the application or petition in relation to it is filed after July 01, then provisions of BNSS will apply. In XXX v. State of UT, Chandigarh [2024 LiveLaw (PH) 252] delivered on July 11, the High Court ruled "once the altered procedural law namely BNSS has been brought in vogue, it would apply to cases initiated under IPC as well from and after the date of its commencement i.e. 01.07.2024 as well as to future proceedings except the pending appeal, application etc. as specifically stated in Section 531(2)(a) of BNSS."

The Lordships recently has held that Saving clause thus ensures that the repeal of old code does not create a legal vacuum, leaving ongoing proceedings in limbo and, to avoid such a scenario the old legal process ought to continue seamlessly. 6.4. Speaking of judiciary, vide the savings clause which envisages dual approach i.e. ongoing cases to be disposed of under the old law and the ones registered after 01.07.2023 under the new code, even the courts can manage their workload more efficiently. Judges and lawyers familiar with the old code can continue their work without needing to adapt immediately to the new provisions. Section 531 of the new Sanhita, while repealing of the Code of Criminal Procedure, 1973, simultaneously thus safeguards ongoing legal proceedings through its savings clause.

They enumerates the as follows:

1. Under Section 531(2)(a) of the BNSS, not only the pending trial or appeal, but even an inquiry or investigation, which is underway prior to the coming into force of the BNSS, shall have to be dealt with in accordance with the provisions of CrPC.
2. Only the date of registration of the FIR is to be seen. If an FIR is registered prior to 1 July 2024, it would amount to a pending enquiry/investigation [within the meaning of Section 531(2)(a) of the BNSS] since the moment an FIR is registered under Section 154 of the CrPC, criminal investigative/administrative machinery is set in motion. Thus, the entire subsequent investigation procedure and even the trial procedure shall be governed by the CrPC.
3. Although procedural laws can be applied retrospectively, subject to judicial review, in view of Section 531(2)(a), it is clear that all pending matters prior to the coming into force of BNSS shall continue to be governed by the old code. (Krishan Joshi vs State Of Rajasthan (2024:Rj-Jd:27741) on 9 July, 2024).
After perusing the above it will be concluded that any investigation. Trial, or inquiry is pending at the time of commencement of BNSS it shall be proceeded according to CRPC. The same findings has been manifested by the Lordships recently in Deepu And 4 Others vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 517

Written By: K.Maheswari, Sr. Asst Public Prosecutor.