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Pinky   02 August 2024

Old law or new law?

Hello,

The police officers destroyed the public record in 2015.

It came to light in the year 2024, that they had not even maintained a record in their dairy.

The victim wants to sue the police officers under sec-9 of public record acts, and 120b,166,166A,201,204 r/w 34 of IPC 

  1. The Code of Criminal Procedure (CrPC) is not retrospective. 
    no penal law can have a retrospective effect.
  2. 20(1) of the Indian constitution imposes a limitation on the law-making power of the constitution. It prohibits the legislature from making retrospective criminal laws

 

but the issue is now which law will be applicable? 
 complaint under 200 r/w 190 crpc 
or complaint under 223 r/w 210 Crpc.??
and what about the abovementioned penal section?



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     02 August 2024

You can invoke the latest law now because you are planning to file private criminal complaint now, hence the provisions of new law may be applicable.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 August 2024

The issue you're facing is regarding the applicable law and the appropriate complaint to file. It seems like you're dealing with a situation where both the old law (CrPC 200 r/w 190) and the new law (CrPC 223 r/w 210) might be applicable. To determine which law is applicable, consider the following factors: 1. _Date of the offense_: When did the alleged offense occur? If it happened before the new law came into effect, the old law might be applicable. 2. _Nature of the offense_: What type of offense are we dealing with? Some offenses might be covered under the new law, while others might still fall under the old law. 3. _Specific provisions_: Compare the specific provisions of both laws and see which one is more relevant to your case. Regarding the penal sections, you'll need to identify which sections are applicable to your case. Consider seeking legal advice from a criminal law expert to help you determine the appropriate course of action. Additionally, you may want to consider the following: - _Consult with a lawyer_: Schedule a consultation with a criminal law expert to get personalized advice on your situation. - _Review the laws_: Carefully review both the old and new laws, paying attention to the specific provisions and penalties. - _Gather evidence_: Collect any relevant evidence to support your case, regardless of which law is applicable. Remember, it's always better to seek professional legal advice to ensure you're taking the correct approach.

P. Venu (Advocate)     03 August 2024

You have posted no facts. Instead, inchoate opinions and hasty conclusions have been posted. 

Please post the material facts. 

Law and Order is a State subject. Hence, Public Records Act which is a Central Act, is of no apllication in the given facts. Even otherwise, all the records and documents pertaining to registration, investigation and trial of a crime could be accessed from the jurisdictional Court.

Fredrick Goyette   26 November 2024

So whether it is justice or not is very difficult to explain, whether the law is old or new, the final deciding factor is still people.

https://www.lawyersclubindia.com/forum/Undertale Yellow

Pinky (Housewife)     26 November 2024

I have posted complete fact.. Its shocking you dont find fact. The question is very clear and same is posted by me in a clear tone. . i myself is shock to read your such  comment 


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