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Pinky   02 August 2024

Old law or new law?

Hello,

The police officers destroyed the public record in 2015.

It came to light in the year 2024, that they had not even maintained a record in their dairy.

The victim wants to sue the police officers under sec-9 of public record acts, and 120b,166,166A,201,204 r/w 34 of IPC 

  1. The Code of Criminal Procedure (CrPC) is not retrospective. 
    no penal law can have a retrospective effect.
  2. 20(1) of the Indian constitution imposes a limitation on the law-making power of the constitution. It prohibits the legislature from making retrospective criminal laws

 

but the issue is now which law will be applicable? 
 complaint under 200 r/w 190 crpc 
or complaint under 223 r/w 210 Crpc.??
and what about the abovementioned penal section?



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     02 August 2024

You can invoke the latest law now because you are planning to file private criminal complaint now, hence the provisions of new law may be applicable.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 August 2024

P. Venu (Advocate)     03 August 2024

You have posted no facts. Instead, inchoate opinions and hasty conclusions have been posted. 

Please post the material facts. 

Law and Order is a State subject. Hence, Public Records Act which is a Central Act, is of no apllication in the given facts. Even otherwise, all the records and documents pertaining to registration, investigation and trial of a crime could be accessed from the jurisdictional Court.


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