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SHILPI KUMAR   26 July 2024

Proceedings and validity of charges lodged under ipc after implementation of bnss.

After implementation of BNSS what is the proceedings and validity of the fir lodged under IPC 420 but no warrant or chargesheet yet issued.



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     26 July 2024

It will be tried under the provisions of the previous law itself 

Dr. J C Vashista (Advocate )     26 July 2024

Yes, it will be tried under previous laws.

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?


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