bonafied (assistant) 22 July 2024

Crpc or bnss in recall application?

I need to file a recall application. Earlier it used to be under CrPC Section 70(2) now do I need to mention BNSS Section 72(2) in the application? Similarly, with BSA 63 (5)(b) equivalent to 65B Indian Evidence Act. For IPC sections filed in previous years will BNS work retrospectively or we continue as per IPC?

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Quick Summary

This discussion addresses the shift from CRPC to BNSS for recall applications, particularly concerning Section 70(2) of CRPC and its BNSS equivalent, Section 72(2). It also touches upon the transition from the Indian Evidence Act to BSA for certain provisions. The core question is whether the new BNS law applies retrospectively to cases previously filed under IPC. While some courts, like Bengaluru, continue to use CRPC for criminal matters, the Bombay High Court's Original Side Rules, 2024, mandate the use of BOS Rules for commercial disputes filed after July 1st, 2024, replacing CRPC sections in those specific instances.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 23 July 2024

From July 1st, 2024, the Bombay Supreme Court (SC) has mandated the use of the "Bombay High Court (Original Side) Rules, 2024" (BOS Rules) in place of the Code of Criminal Procedure (CRPC) sections, for matters related to commercial disputes and suits. So, for cases filed on or after July 1st, 2024, in the Bombay High Court (Original Side), you should refer to the BOS Rules instead of CRPC sections. However, please note that CRPC sections will still be applicable for criminal cases and other matters not related to commercial disputes and suits. To ensure accuracy, always check with your legal counsel or the latest notifications from the Bombay High Court for any updates or clarifications on this matter.

bonafied (assistant) 23 July 2024

So Bengaluru courts also still follow CrPC for criminal cases.

Shweta Bharti (--) 19 May 2026

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