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An FIR was registered in 2021, and the investigation was ongoing under the CrPC. Then the BNSS came into force. The police issued a notice under BNSS Section 35, arrested me using the BNSS arrest checklist, and filed a chargesheet under the BNSS. However, Section 531 of the BNSS clearly states that investigations pending before its enactment must be completed under the CrPC. Can I challenge the chargesheet or my arrest during the trial?
Since your FIR was from before BNSS started, the arrest and chargesheet must follow CrPC rules. You can challenge the arrest as illegal and ask the court to reject the chargesheet. File in trial court or High Court. If successful, the court may ask for fresh investigation and protect your legal rights. For further legal assiatnace contact us on our helpline number.