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Clarification on BNS and IPC if incident is in 2022 and FIR in 2025
31-Jan-2025 (In Criminal Law)
Hello sir/ma'am
Kindly help me in this matter,
The incident/ crime was commited in 2022 and now in 2025 plaintiff wants to file an fir and process with civil and criminal suits.
So which section would be applicable for that IPC or BNS. As the incident was dated in 2022 and filing of FIR is in 2025.
BNS section will be applied as you are going to file a FIR in 2025.
The occurrence date doesn't matter from July, 2023. But yes if the matter is already running in the court then only you have to go through IPC.
All the new cases which are going to be filed new will come under new sections.
Thanks
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Adv. Divya Kiran
Patna | 50+ Answers
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In cases where crime is committed before coming into force of new criminal laws inc bns etc but FIR has been registered after coming into force of new criminal laws, the crime would be registered under IPC but procedures of bnss would be followed in a manner that would not cause prejudice to the accused person.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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it is the date of FIR which will determine the application of BNS or IPC...IF the FIR is done in 2025 then BNS will be applicable even if the incident has been there in 2022. However just to clarify that the main ingredient of IPC has not been changed in BNS.
Helpful?
In this case, filing an FIR in 2025 for a crime committed in 2022 is permissible if the offense falls under the category of cognizable offenses as defined under the Indian Penal Code (IPC). Serious crimes like murder, rape, or other grave offenses have no time limitation for filing an FIR. For minor offenses, the limitation period under Section 468 of the Code of Criminal Procedure (CrPC) may apply. While lodging the FIR, it is essential to explain the reason for the delay, as courts often accept delays if justified. For any civil liability, a separate suit can also be filed for damages or compensation, depending on the nature of the incident. Seek legal advice to ensure accurate drafting and compliance with procedural requirements.
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Adv. Vishesh K Sapra
Delhi | 25+ Answers
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BNSS would be applicable but what are the offences he is charging you with? because different offences have different time limitation to file a case. Kindly get in touch so that you can get proper advice.
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Adv. Rahul Bhaskar
Delhi | 25+ Answers
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