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Which should follow crpc or bnss in an ongoing investigation


19-Aug-2025 (In Criminal Law)
if police officer for pending investigation of crpc time uses bnss in it then what will happen that first the police investigation is under crpc then police officer includes bnss and present the chargesheet in bnss what will happen.
Answers (5)

Answer #1
545 votes
Hello Sir The Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaces the Criminal Procedure Code (CrPC), came into effect on July 1, 2024. So any FIR after July 2024 should be follow BNSS , You can file protest petition if proper guidelines are not followed , we can have proper discussion to further understand your case , Need to consider which sections have been imposed on accused
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Advocate Rohit Lakra

Adv. Rohit Lakra

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Answer #2
565 votes
Nothing will happen Most of the provisions are same. However if the change impacts your case adversely compared to what it would have been had the provisions of crpc been applied instead, in that case you can pursue remedies. If your case is being impacted because of such an issue pls feel free to connect.
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Advocate Vikas Sharma

Adv. Vikas Sharma

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Answer #3
587 votes
Hello, the BNSS came into force on 1st July, 2025 and it is prospective by nature meaning it will apply to crimes registered on or after 1st July, 2025. For any appeal, application, trial, inquiry, or investigation pending before July 1, 2024, it will continue to be governed by the CrPC as specified under S 531 of the BNSS. If the police is using BNSS in the case pending before July 1, 2025 then it is certainly wrong and impermissible procedurally and can be taken care of by higher courts.
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Advocate Aditya Purohit

Adv. Aditya Purohit

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Answer #4
730 votes
Since the BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023) has come into force replacing CrPC, any investigation or trial pending on the date of enforcement will now be governed by BNSS provisions unless a specific saving clause applies. If the FIR and investigation began under CrPC but the chargesheet is filed after BNSS came into effect, then the procedure of BNSS will apply for filing, cognizance and trial. Courts generally follow the principle that procedural law applies retrospectively, so no prejudice will be caused to either side. Therefore, the police officer is right in including BNSS while presenting the chargesheet. The court will proceed under BNSS for all further stages.
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Advocate Adarsh Kumar

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Answer #5
855 votes
If a police officer completes investigation and files the chargesheet after BNSS has commenced, the chargesheet will be filed under BNSS provisions (even if part of the investigation happened under CrPC). The court will treat it as valid. Actions taken under CrPC shall be deemed to have been taken under BNSS.
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Advocate Paras Mahalwal

Adv. Paras Mahalwal

LawRatoDelhi | 50+ Answers
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