Kochi: The Kerala High Court has ruled that all appeals filed on or after July 1 will be governed by the Bharatiya Nagarik Suraksha Sanhitha (BNSS) instead of the Code of Criminal Procedure (CrPC). This ruling applies even to appeals for judgments originally pronounced under the CrPC.

This decision came in response to an appeal challenging a conviction in a POCSO case delivered on June 12, 2024. Abdul Khader of Vengara, who was convicted by a special court in Manjeri, filed his appeal on July 10. Judge P G Ajith Kumar clarified that the appeal should adhere to the BNSS procedures, which took effect on July 1.
Khader's counsel argued that since the trial and judgment occurred under the CrPC, the same procedure should apply to the appeal. However, the court maintained that the CrPC would not be applicable since the appeal was filed after the BNSS became effective.

The court emphasised that proceedings initiated under a particular system should be completed within that system. If an old procedure is still in progress after the BNSS took effect, it will be completed under the CrPC. Although the judgment of conviction might have been pronounced before July 1, appeals filed on or after this date will be subject to the BNSS. The court also referenced a recent judgment by the Punjab and Haryana High Court in a similar case, agreeing with most of its principles.