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V Kumar Singh (Executive)     07 July 2024

Bns or ipc

Please suggest. For incident occurring before July 1, 2024, and FIR filed after July 1, 2024, will (new) BNS/BNSS/BSA be utilized, or (old) IPC/CRPC/EA?


Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     07 July 2024

The law prevailing as on the date of filing the complaint will be applicable

Pinky   02 August 2024

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?

P. Venu (Advocate)     03 August 2024

Originally posted by : V Kumar Singh
Please suggest. For incident occurring before July 1, 2024, and FIR filed after July 1, 2024, will (new) BNS/BNSS/BSA be utilized, or (old) IPC/CRPC/EA?

What are the facts? What is the context?

Pinky (Housewife)     10 August 2024

Mr kalaiselvan, hope you have knowledge that new law doesnot have retroactive effect. New Filing has nothing to do with IpC.

Sudhir Kumar, Advocate (Advocate)     11 August 2024

Mr Kalaiselvan's knowledge cannot be queationed here.

 

He has alread expressed his views on the givne facts.

Pinky (Housewife)     11 August 2024

Certainly it is in question. . 

Views are kept where there is uncertainity and a calls out for open discussion. 

While other than to it,  must be kept with knowledge of law if acquired Any.

Question relates to procedure  , therefore views doesnot make any certainty... only having clear knowledge could do that. 

Procedural are not comfort zone, to go according to individual fansy desire.


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