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PMLA After the Repeal of IPC and CrPC: How BNS Scheduled Offences and BNSS Procedure Apply to FIRs, ECIRs and Trials

The repeal of the IPC and CrPC on 1 July 2024 did not automatically erase the IPC offences appearing in the PMLA Schedule or convert every new BNS offence into a scheduled offence. Section 8 of the General Clauses Act ordinarily requires a reference to a repealed-and-re-enacted provision to be read as a reference to its corresponding new provision, unless a contrary legislative intention appears. The Bombay High Court applied this principle in Nagani Akram Mohammad Shafi v. Union of India and held that BNS Sections 318(4), 338 and 340(2), corresponding to IPC Sections 420, 467 and 471, coul

Premium11 Aug 202628 min readCriminal DefencePMLAED SummonsECIRProvisional Attachment
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PMLA After the Repeal of IPC and CrPC: How BNS Scheduled Offences and BNSS Procedure Apply to FIRs, ECIRs and Trials

The repeal of the IPC and CrPC on 1 July 2024 did not automatically erase the IPC offences appearing in the PMLA Schedule or convert every new BNS offence into a scheduled offence. Section 8 of the General Clauses Act ordinarily requires a reference to a repealed-and-re-enacted provision to be read as a reference to its corresponding new provision, unless a contrary legislative intention appears. The Bombay High Court applied this principle in Nagani Akram Mohammad Shafi v. Union of India and held that BNS Sections 318(4), 338 and 340(2), corresponding to IPC Sections 420, 467 and 471, coul

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