Case Can't Be Quashed Merely Because FIR Was Lodged Under BNS Instead Of IPC For Pre-July 2024 Offence: Telangana High Court

The Telangana High Court has held that criminal proceedings cannot be quashed merely because the police registered a case under the BNS 2023, even though the alleged offence occurred prior to the enactment of the new criminal law framework. The BNS came into force from July 1, 2024 replace the Indian Penal Code, 1860. The Court clarified that such an error does not vitiate the proceedings, as the trial court can examine the allegations and frame appropriate charges under the correct law.A Single Judge Bench comprising Justice Tirumala Devi Eada, while disposing of a criminal petition seeking quashing of proceedings, observed:“Admittedly, the provisions of IPC and Cr.P.C. are applicable to offences that are committed prior to 01.07.2024, the date from which BNS and BNSS came into effect. But for the simple reason that the offence is registered under BNS instead of IPC, the proceedings cannot be quashed. The ingredients of the complaint must be examined by the trial Court while framing the charges.”The court was hearing a man's plea seeking quashing of criminal proceedings wherein he was accused of inducing the victim into a sexual relationship on false promise of marriage. The case was pending before the sessions court. The petitioners/accused contended that the alleged offence occurred in 2019, and even according to the complaint, the alleged acts continued only until about six months prior to the lodging of the complaint. Therefore, it was argued that the offence ought to have been registered under the Indian Penal Code (IPC) and not under Section 69 (Sexual intercourse by employing decietfut means, etc) of the BNS.Section 69 of the BNS criminalises sexual intercourse obtained by deceitful means or false promise of marriage, punishable with imprisonment up to ten years and fine.The petitioners argued that since the alleged offence predates the coming into force of the BNS on 1 July 2024, registration of the case under the new statute was “neither just nor proper.” The Court noted that the complaint alleged that the de facto complainant was induced into a sexual relationship under a promise of marriage, which was later refused by the accused. While acknowledging that offences committed prior to 1 July 2024 would ordinarily be governed by the IPC and CrPC, the Court held that the incorrect reference to the BNS at the stage of registration of the crime does not warrant quashing of the proceedings.The Court further observed that Section 69 BNS is a newly introduced provision without an exact parallel in the IPC, and therefore the trial court must assess the allegations in the complaint and determine the appropriate charges. Accordingly, the High Court disposed of the criminal petition with a direction to the trial court to examine the allegations and frame appropriate charges in accordance with law. Pending miscellaneous applications were also closed.Case Title: Palivela Ravikumar & Ors. v. State of Telangana & Anr.Case No.: Criminal Petition No. 64 of 2026Appearance: Sri Mummaneni Srinivasa Rao for the Petitioners; Sri Jithender Rao Veeramalla, Additional Public Prosecutor for the State.Click Here To Read/Download Order

Case Can't Be Quashed Merely Because FIR Was Lodged Under BNS Instead Of IPC For Pre-July 2024 Offence: Telangana High Court

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Case Can't Be Quashed Merely Because FIR Was Lodged Under BNS Instead Of IPC For Pre-July 2024 Offence: Telangana High Court

Ananya Tangri

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