ORDER : Heard Mr. N. Ray, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State respondent. 2. At the very outset, the learned Additional Public Prosecutor, raised objection against the filing of this bail application under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre arrest bail in the offence committed and registered before 01.07.2024. It is submitted that since the alleged offence was committed and the case was registered prior to the enforcement of the new BNSS, the petition ought to have been filed under section 438 of Cr.P.C and not under 482 of the BNSS,2023. 3. The cause title of this anticipatory bail read as under: “An application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting of pre-arrest bail” and in the matter of “Namsai P.S. Case No. 71/2023 under Section 354A of Indian Penal Code, 1860 and under Section 75 of Bharatiya Nyaya Sanhita, 2023.” 4. However, on perusal of available record, it appears that on receipt of the written FIR lodged by the informant on 02.12.2023, by the Officer-In-Charge, Police Station Namsai, District Namsai, Arunachal Pradesh; a case was registered being Namsai, P.S. Case No. 71/2023 under Section 354A of IPC. On perusal of the above FIR clearly reveals that the FIR was registered on 02.12.2023 i.e., prior to coming into force of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) which came into force w.e.f., 01.07.2024. 5. In this regard, in view of the saving clause contained under Section 531(2) (a) of the BNSS, the petition ought to have been filed under the old corresponding Section 438 of Cr.P.C, 1973 and not under Section 482 of the Code, BNSS. 6. For ready reference the entire Section 531 of BNSS is reproduced hereinbelow: “…531. Repeal and savings- (1) The Code of Criminal Procedure, 1973 (2 of 1974) is hereby repealed. 6. For ready reference the entire Section 531 of BNSS is reproduced hereinbelow: “…531. Repeal and savings- (1) The Code of Criminal Procedure, 1973 (2 of 1974) is hereby repealed. (2) Notwithstanding such repeal— (a) if, immediately before the date on which this Sanhita comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), as in force immediately before such commencement (hereinafter referred to as the said Code), as if this Sanhita had not come into force; (b) all notifications published, proclamations issued, powers conferred, forms provided by rules, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the said Code and which are in force immediately before the commencement of this Sanhita, shall be deemed, respectively, to have been published, issued, conferred, specified, defined, passed or made under the corresponding provisions of this Sanhita; (c) any sanction accorded or consent given under the said Code in pursuance of which no proceeding was commenced under that Code, shall be deemed to have been accorded or given under the corresponding provisions of this Sanhita and proceedings may be commenced under this Sanhita in pursuance of such sanction or consent. (3) Where the period specified for an application or other proceeding under the said Code had expired on or before the commencement of this Sanhita, nothing in this Sanhita shall be construed as enabling any such application to be made or proceeding to be commenced under this Sanhita by reason only of the fact that a longer period therefor is specified by this Sanhita or provisions are made in this Sanhita for the extension of time.” 7. In the instant case, we are concerned with the saving clause contained in Sub Section 531(2)(a) BNSS. A perusal of the said Sub Section 531(2)(A), it clearly reflects that not only the pending trial/appeal, but even an application, inquiry, or investigation which is pending prior to coming into force of the BNSS, shall have to be dealt with in accordance with the provisions of Cr.P.C, 1973 and not under the BNSS, 2023. A perusal of the said Sub Section 531(2)(A), it clearly reflects that not only the pending trial/appeal, but even an application, inquiry, or investigation which is pending prior to coming into force of the BNSS, shall have to be dealt with in accordance with the provisions of Cr.P.C, 1973 and not under the BNSS, 2023. What we need to see is the date of commission of offence/registration of the FIR and the law as applicable as on the date of such commission of offence and registration of case. The settled position of law is that, the moment an FIR is registered under Section 154 of the Cr.P.C., the criminal law is set in motion. Thus, if the offence is committed prior to 01.07.2023 and an FIR thereof is lodged, it would amount to the pending application/enquiry/investigation within the meaning of Section 531(2)(a) of BNSS. The entire subsequent complaint/investigation procedure and even the trial procedure qua such an FIR shall then be governed by Cr.P.C and not by the BNSS. 8. The learned Additional Public Prosecution submits that in this regard, we may gainfully refer the observation made in the case, Krishan Joshi vs. State of Rajasthan reported in 2024 Supreme (Online) (Raj) 200. The reasoning and analysis made in paragraph No. 6 of the above decision is reproduced hereinbelow: “6. The reasons for the same are not far too seek. What has to be been seen simply is the date of registration of the FIR and the law as applicable as on the date of such registration. Trite it may sound, but settled position is that, the moment an FIR is registered under Section 154 of the Cr.P.C, criminal investigative/administrative machinery is set in motion under Chapter XII thereof. Thus, if an FIR is registered prior to 01.07.2023 under the Cr.P.C, it would amount to pending enquiry/investigation within the meaning of Sections 531(2)(a) of BNSS. The FIR subsequent investigation procedure and even the trial procedure qua such an FIR shall then be governed by Cr.P.C. and not BNSS. 6.1. Let us analyze it deeper by dwelling further on it. Legislative processes often involve Simultaneous twin actions le. (4 of 8) not only the creation of new law, but also the repeal of existing one at the same time. 6.1. Let us analyze it deeper by dwelling further on it. Legislative processes often involve Simultaneous twin actions le. (4 of 8) not only the creation of new law, but also the repeal of existing one at the same time. Section 531 of the new legislative code, for short referred to as "BNSS," envisages the repeal of the Code of Criminal Procedure, 1973, and it also incorporates crucial savings provision which is so essential to cater to the transitional period between the old code and the new code. No doubt, section 531 of BNSS effectively removes old code from the statute books, however, at the same time it is a repeal subject to the savings clause and not a repeal in toto. A certain transitional period has been provided, and rightly so. For, a forthwith repeal in totality shall lead to legal uncertainties, particularly, concerning ongoing legal proceedings that commenced under the old law. To mitigate such uncertainties, saving provision has been Introduced. Saving clause ensures that the repeal of an old law does not adversely affect any legal proceedings or rights that were established under the old code. The saving provision facilitates a smooth transition from the old legal framework to the new one. It provides a buffer period during which the judicial and legal systems can adjust to the changes introduced by the new Sanhita. 6.2. The saving clause in Section 531(2) is critical for ensuring legal continuity and stability. It stipulates that notwithstanding the repeal, any appeal, application, trial, Inquiry, or Investigation pending before the new Sanhita comes into force will continue to be governed by the old Code of Criminal Procedure, 1973. This shall essentially mean that all ongoing proceedings, which have already been kicked in under the old code, will not be disrupted by the new code i.e. BNSS. This is vital for maintaining the integrity of the judicial process and ensuring (5 of 8) that justice is neither delayed nor denied due to procedural changes, should an affected party feel so. Rights of the accused in an FIR and/or under trials and/or convicts under appeal and the legal expectations formed under the old law have been and are required to be protected. Applicability of old code on pending matters prevents any retrospective adverse effects that might arise from the sudden application of new legal provisions to ongoing cases. 6.3. Rights of the accused in an FIR and/or under trials and/or convicts under appeal and the legal expectations formed under the old law have been and are required to be protected. Applicability of old code on pending matters prevents any retrospective adverse effects that might arise from the sudden application of new legal provisions to ongoing cases. 6.3. Furthermore, vide saving clause, the litigants already involved in legal proceedings initiated under the old code have been thus assured that their cases will be resolved under the legal framework they were initially engaged with. 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 famillar 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. 9. The Hon’ble Court further observed in paragraph No. 7 of the said decision which is reproduced hereinbelow: “7. No doubt, procedural laws can be applied retrospectively, subject of course to the judicial review, but in view of Section 531(2)(a) of the BNSS herein, it is amply clear that all the pending matters prior to coming into force of BNSS, 2023, as (6 of 8) specifically mentioned in Section 531(2) (a) of BNSS shall continue to be governed by the old Code i.e. Cr.P.C., 1973.” 10. Likewise, the saving clause under Section 358 of BNS, 2023 read as under: (2) Notwithstanding the repeal of the Code referred to in sub-section (1), it shall not affect- (a) the previous operation of the Code so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Code so repealed; or (c) any penalty, or punishment incurred in respect of any offences committed against the Code so repealed; or (d) any investigation or remedy in respect of any such penalty, or punishment; or (e) any proceeding, investigation or remedy in respect of any such penalty or punishment as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Code had not been repealed. (3) Notwithstanding such repeal, anything done or any action taken under the said Code shall be deemed to have been done or taken under the corresponding provisions of this Sanhita. (4) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 with regard to the effect of the repeal. 11. In view of the above, the offence in the present case also has to be under Section 354A and not under Section 75 of BNS,2023. 12. In view of the discussion made hereinabove, the objection raised by the learned Additional Public Prosecutor is sustained. As a result, the present petition is hereby treated as one under Section 438 of Cr.P.C seeking grant of pre-arrest bail apprehending his arrest in connection with Namsai P.S. Case No. 71/2023 under Section 354A of Indian Penal Code, 1860. 13. The petitioner accordingly allowed to amend the cause title within 2(two) days. Registry shall do the needful. And as prayed for, list the matter again on 25.07.2024.