NI Act Under BNSS 2023 — Procedural Transition

Supreme Court of India2024 SCC OnLine SC 2110

Bench: J. B.R. Gavai, J. Prashant Kumar Mishra

The Supreme Court held: (1) The substantive offence and ingredients under Section 138 NI Act remain unchanged — the NI Act has not been amended. Only the procedural law changed. (2) S.138 complaints filed BEFORE July 1, 2024 continue to be governed by CrPC for procedural purposes for acts already performed under CrPC; going forward from July 1, 2024, BNSS provisions apply even in those pending cases (Section 531 BNSS — savings clause provides for this transition). (3) New S.138 complaints filed ON OR AFTER July 1, 2024 are entirely governed by BNSS. Key replacements: S.200 CrPC (complaint to Magistrate) → S.223 BNSS; S.313 CrPC (accused examination) → S.351 BNSS; S.320 CrPC (compounding) → S.359 BNSS; S.374 CrPC (appeal from conviction) → S.415 BNSS; S.482 CrPC (High Court inherent powers) → S.528 BNSS. Plea bargaining: S.265A-265L CrPC → S.289-300 BNSS. The Court directed all Magistrates to replace CrPC references in S.138 orders with appropriate BNSS section numbers for cases filed after July 1, 2024.