Kindly advise,
Note: Case is of Maharashtra.
VISHAL SAHA
Blabber Baba 23 September 2024
Kindly advise,
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 23 September 2024
individual for non-cognizable offenses under Section 500 and Section 506 of the I.P.C., the stages in the court proceedings until judgment are as follows 1. Filing of Complaint. The complainant files a complaint under Section 200 Cr.P.C. before the Magistrate, stating the accused person's offense. 2. Examination of Complainant and Witnesses: The Magistrate examines the complainant and witnesses, if any, under Section 200 Cr.P.C. 3. Magistrate's Cognizance: The Magistrate takes cognizance of the offense under Section 190 Cr.P.C. 4. Issue of Summons. The Magistrate issues summons to the accused person under Section 204 Cr.P.C. *5. Appearance of Accused*: The accused person appears before the Magistrate in response to the summons. *6. Plea of Accused*: The accused person pleads guilty or not guilty. *7. Framing of Charge*: If the accused person pleads not guilty, the Magistrate frames charges under Section 240 Cr.P.C. *8. Trial*: The trial begins, and evidence is recorded. *9. Judgment*: The Magistrate delivers the judgment, either convicting or acquitting the accused person. Please note that the above stages are general and may vary depending on the specific circumstances of the case.
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.