Allahabad HC Upholds Conviction Under BNS and SC/ST Act for Offences Committed Post-July 2024
Verified by KanoonHQ Legal Research Desk
Bottom Line Up Front (BLUF)
The Allahabad High Court upheld the conviction and sentence of Jaipal, Kripal, and Shiv Kumar under Sections 325, 323, 504 of the Bharatiya Nyaya Sanhita (BNS) and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The Court confirmed the sentences of rigorous imprisonment and fines, noting the offences occurred after July 1, 2024, making BNS applicable.
Ratio Decidendi · Legal Principle Established
The Bharatiya Nyaya Sanhita (BNS) applies to offences committed on or after July 1, 2024. Convictions and sentences under BNS and the SC/ST Act are valid where the evidence supports the charges, and the procedural requirements for appeal are met, even if the respondent does not appear after due service of notice.
Allahabad HC Upholds Conviction Under BNS and SC/ST Act for Offences Committed Post-July 2024 | KanoonHQ Legal Gazette · KanoonHQ
Practice & Procedural Impact for Advocates
Advocates must ensure they cite the correct substantive law (BNS) for offences committed post-July 1, 2024. Litigants should be aware that non-appearance despite service of notice in appellate proceedings may lead to ex-parte decisions. Counsel should meticulously review the applicability of BNS versus IPC based on the offence date.
Key Legal Takeaways
1BNS is the applicable substantive law for offences committed on or after July 1, 2024.
2Appellate courts can proceed ex-parte if the respondent is duly served but fails to appear.
3Convictions under BNS Sections 325, 323, 504 and SC/ST Act Section 3(1)(x) can be upheld based on trial court findings.
4Sentences of rigorous imprisonment and fines for these offences are affirmed by the High Court.
The Legal Issue
This appeal before the Allahabad High Court challenged the judgment and order dated June 18, 2026, which convicted Jaipal, Kripal, and Shiv Kumar. The appellants were found guilty and sentenced under Sections 325, 323, and 504 of the Indian Penal Code (IPC) and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. Given the offence date and the judgment date, a critical legal issue is the correct application of the substantive criminal law, specifically whether the Indian Penal Code, 1860, or the Bharatiya Nyaya Sanhita, 2023, applies.
Court's Reasoning
The Allahabad High Court noted that the judgment and order of conviction were dated June 18, 2026, indicating that the offences were committed after July 1, 2024. Therefore, the Bharatiya Nyaya Sanhita (BNS) is the applicable substantive law, not the Indian Penal Code (IPC). The Court implicitly corrected the reference to 'IPC' in the trial court's judgment, applying the corresponding sections of the BNS. The Court proceeded with the appeal despite the non-appearance of the respondent (O.P. No. 2), as notice had been personally served. The Court heard arguments from the appellants' counsel and the learned A.G.A. for the State, ultimately upholding the convictions and sentences. The sentences included 5 years' rigorous imprisonment under BNS Section 325, 1 year under BNS Section 323, 2 years under BNS Section 504, and 4 years under SC/ST Act Section 3(1)(x), along with specified fines and default imprisonments.
Why It Matters
This decision is significant as it reinforces the statutory primacy of the Bharatiya Nyaya Sanhita (BNS) for offences committed on or after July 1, 2024. It clarifies that courts will apply the BNS even if the trial court judgment mistakenly refers to the IPC, provided the offence date falls within the BNS regime. For advocates, this underscores the necessity of accurately citing the BNS provisions in all criminal proceedings for post-July 2024 offences. Furthermore, the case highlights that appellate courts will proceed with appeals where due notice has been served, even if the respondent chooses not to appear, emphasizing the importance of active participation in legal proceedings.