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FIR in IPC,Arrest in BNS,is it right,can we get bail citing this error
23-Feb-2025 (In Criminal Law)
There was an FIR filed in 2022 for 385, 389, 500 , 420, 374. The investigation is still going on and there are multiple accused and chargesheet not filed.. Few are unknown in FIR. As per our knowledge , investigation to follow IPC/CRPC. But IO arrested one accused in Feb 25 using BNS provisions in arrest memo issued. Is it legal? can we get bail citing this error by IO and also can we complain aganist IO for this and whom to complain?
Based on the details provided, the arrest of the accused on February 25 using BNS (Bharatiya Nyaya Sanhita) provisions, while the FIR was registered under IPC sections in 2022, raises serious legal concerns. Since the case was initiated under IPC/CRPC, any arrest should have been made under the same framework unless there was a proper legal transition in accordance with the law. If the IO (Investigating Officer) relied on BNS provisions in an ongoing IPC case, this procedural lapse may render the arrest illegal.
Regarding bail, this error can be cited to challenge the arrest's validity, arguing that it violates established legal principles. The accused may file a bail application under CrPC, emphasizing procedural irregularities and potential malafide intent. Courts generally frown upon arbitrary arrests, and this may strengthen the bail plea.
Additionally, a complaint against the IO can be lodged with the Superintendent of Police (SP) or higher authorities, including the Magistrate under Section 200 CrPC, if misconduct or abuse of power is evident. Filing a writ petition in the High Court for violation of legal provisions is also an option.
It is advisable to act swiftly to challenge the arrest and seek appropriate legal remedies.
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Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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You cannot complain against the IO but you can get bail on this erroer made by the police and also if you are arrested without given proper reason in writing and understanding to you even that will be a big ground for bail and later on the ground for acquittal from the case
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Adv. Brahmanand Dube
Navi Mumbai | 400+ Answers
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Yes there are several case laws which state that error in the arrest memo can lead to illegal detention, which in turn can be helpful for getting bail. Complaint shall be done to magistrate preferably.
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Adv. Ajinkya Sanjay Gosavi
VasaiVirar | 100+ Answers
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Dear client based on your query, consulting with a legal professional is advisable to understand the specific legal implications of your actions because everything has to be gone through statutory provisions under criminal law, for relevance we can help you regard the process and in legal ways for which you can connect with us.
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Adv. Kalpana Sanap
Pune | 200+ Answers
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MYSELF SUGGEST YOU TO GET APPOINTED A ADVOCATE AND HAVE PERSONAL CONSULTATION WITH US FOR YOUR CASE. YES IT IS LEGAL TO REGISTER FIR UNDER BNS AND BNSS ACT AS IT IS NEW AMMENDMENT BY PARLIAMENT OF INDIA. FURTHER ASK US FOR MORE HELP.
THANK YOU.
ADVOCATE SUBODH INGOLE.
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Adv. Subodh Ingole
Mumbai | 100+ Answers
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