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Blabber Baba   23 September 2024

Court procedure for non-cognizable offences

 Kindly advise,

If a complaint case (U/s 200 Cr.P.C. r/w Section 190 of Cr.P.C.) has been filed by a private citizen against an individual for non-cognizable offences under Section 500 & Section 506 of I.P.C. then what are stages in the court proceedings until judgment?

Note: Case is of Maharashtra.


VISHAL SAHA


Learning

 3 Replies

Blabber Baba   23 September 2024

Thanks a lot Rama chary Sir for your valuable advice. Just a follow-up query. Offence was committed by the accused on 11th March 2024. And the complaint was filed by the Complainant on 7th May 2024. Now that BNS & BNSS have come in force w.e.f. July 2024. Which procedural code would apply for the offences committed in this case (U/s 500 & 506 of IPC)? 
Since the examination of witness and the complainant is still pending in the magistrate court, which will the governing procedural law in this case? BNSS or CrPC? Under which provisions will the trial be conducted?

T. Kalaiselvan, Advocate (Advocate)     23 September 2024

If the case was filed under the previous law, then the case will continue to be conducted under the same law which existed at the time of filing this case and the new law which came into effect very lately will not be attracted to this. 

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