Zulfikar Nasier v. State of U.P.
Bench: Division Bench — Supreme Court
Parties
Facts of the Case
Following the enactment of the Bharatiya Nyaya Sanhita (BNS), 2023, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the Bharatiya Sakshya Adhiniyam (BSA), 2023 — which replaced the IPC, CrPC, and Indian Evidence Act respectively, and came into force on 1 July 2024 — questions arose as to which law would govern offences committed before 1 July 2024 but investigated, tried, or sentenced after that date. Zulfikar Nasier involved a conviction for an offence committed under the IPC before the BNS came into force. The question was whether the BNS or the IPC would apply.
Legal Issues Before the Court
- 1Which law — IPC or BNS — governs an offence committed before 1 July 2024 (the date BNS came into force)?
- 2Does the General Clauses Act, 1897 (Section 6) preserve rights accrued, liabilities incurred, and proceedings pending under a repealed law (IPC) after its repeal by BNS?
- 3What is the transitional provision governing the shift from IPC/CrPC to BNS/BNSS?
The Judgment
The Supreme Court affirmed the foundational principle of transitional criminal law in India: the law in force at the date of the commission of the offence governs the accused's substantive criminal liability. An offence committed before 1 July 2024 (when the BNS came into force) is governed by the IPC — not the BNS — for purposes of the nature of the offence, the ingredients, and the sentence. The General Clauses Act, 1897 (Section 6) preserves the liability incurred under the repealed IPC, and all pending investigations and trials for pre-July 2024 offences continue to be governed by the IPC/CrPC. Only offences committed on or after 1 July 2024 attract the BNS/BNSS.
Key Principles Laid Down
DATE OF OFFENCE GOVERNS — CORE RULE: The substantive law applicable to a criminal offence is the law in force on the date the offence was committed. Offences committed before 1 July 2024 are governed by the IPC; offences committed on or after 1 July 2024 are governed by the BNS. The accused cannot be charged under BNS for a pre-BNS offence.
GENERAL CLAUSES ACT S.6 — SAVINGS PROVISION: Section 6 of the General Clauses Act, 1897 operates as a savings clause: the repeal of the IPC by the BNS does not affect: (a) criminal liability already incurred under the IPC; (b) ongoing investigations and trials under the IPC/CrPC; (c) rights and remedies accrued under the repealed legislation.
PENDING INVESTIGATIONS AND TRIALS — OLD LAW CONTINUES: Investigations commenced under CrPC for pre-BNS offences continue under the CrPC. Trials commenced under the CrPC continue under the CrPC even after the BNSS came into force. The BNSS only applies to new investigations and trials for post-1 July 2024 offences.
NO RETROACTIVE APPLICATION OF BNS: The BNS does not apply retroactively to offences committed before its commencement. This is consistent with Article 20(1) of the Constitution — no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act.
Impact on Indian Law
Zulfikar Nasier (2023) and the Patna Sahib case (#155) together form the judicial guidance on the critical transitional question posed by India's most sweeping criminal law reform in 160 years. The principle — date of offence governs — will have operational significance for millions of pending cases in India's criminal courts for decades. All prosecutors, defence lawyers, and judges dealing with cases straddling the pre/post-July 2024 divide must apply this principle. The case is examined in every BNS/IPC comparative analysis.
Frequently Asked Questions
If someone committed an offence in 2023 (before BNS came into force), which law applies — IPC or BNS?
The IPC applies. Zulfikar Nasier (2023) affirms the established principle that the substantive law in force at the date of the offence governs criminal liability. Since the BNS came into force only on 1 July 2024, offences committed before that date — including all offences from 2023 — are governed by the IPC. The General Clauses Act, Section 6 preserves all pending investigations, trials, and liabilities under the IPC even after its repeal by the BNS.