Deepak (Hardware) 23 February 2025

Fir in before bns under ips & arrest this month under bns. is it correct?

There was an FIR filed in 2022 for three eighty five (385), three seventy four(374), four twenty(420), five hundred (500) & 389. 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. Chargesheet yet not filed. FIR was against Unknown

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?

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Quick Summary

This discussion concerns the legality of an arrest made under the new Bharatiya Nyaya Sanhita (BNS) provisions, referencing an older First Information Report (FIR) filed under the Indian Penal Code (IPC). The original FIR was lodged in 2022 against unknown individuals, with investigations ongoing. However, an accused, who had been cooperating and was named in an earlier application, was arrested in 2025 with an arrest memo citing BNS sections, despite the reference being to the 2022 FIR. The user is seeking to understand if this procedural error by the Investigating Officer (IO) can be grounds for bail and if a complaint can be filed against the IO for allegedly acting at the behest of the complainant.

6 Replies

T. Kalaiselvan, Advocate (Advocate) 24 February 2025

If the new person has been arrested under the provisions of new law then that should be a fresh case against him, as your case is already filed what is the necessity to obtain bail at this stage?

Your post is ambiguous hence you may revert with proper details.

Deepak (Hardware) 24 February 2025

Thank u sir. FIR was filed in 2022 againt Uknown by taking order under 156(3). In 156(3) names of 2 suspects were given by F.I but he filed FIR against unknown , reasons best known to him. Investigation is still going on. The io made 3 more accused during investigation at behest of F.I. All the 5 cooperated in investigation till date and 2 got ABA in 2023/2024. But in 2025, IO arrested one person (who was named in 156(3) ) who coopearted till date and while arresting the arrest memo was given where BNS sections were mentioned although reference was given in same old FIR only (of 2022). Since person is arrested, he was in police custoday and now in J.C, so wamt to secure bail now.

the question is whether IO followed procedure in issuing arrest memo under BNS to him and can be use this lapse in argument for bail. Also IO used some grave sections in arrest memo which are as per BNS and not in IPC. IO is working at behest of F.I since last 3 yeasr. Can we use this procedural lapse to complain agaiinst him & also to change IO

Dr. J C Vashista (Advocate ) 24 February 2025

This is your second fabricated story today itself.

Seek advise / guidance of your tutor, coach or professor without wasting our and your time, efforts and energy for such moot court topics.

T. Kalaiselvan, Advocate (Advocate) 24 February 2025

Yes it appears to be an academic question for which your tutor will be having an answer.

Sudhir Kumar, Advocate (Advocate) 24 February 2025

repated

https://www.lawyersclubindia.com/forum/filing-a-counter-fir-237058.asp

Deepak (Hardware) 24 February 2025

Sir, this is not a fabricated story and not a moot court. I registered 2 days ago in this site and since i didnt see any profession matching to me i registeted at student. Trust me, it is real truth. I need your genuine opinions may be some short answer sirs. Sory for any trouble i gave u.