Can a BNSS chargesheet be valid in CrPC cases?
What will happen if police violate BNSS Section 531 and file a chargesheet using BNSS for an ongoing investigation that was originally under the CrPC? Now that the court has already started the trial without noticing this violation, and it only comes up during the cross-examination of the Investigating Officer what will the court do? Since ongoing investigations before BNSS came into force must follow the CrPC, isn’t the chargesheet invalid?
Dear Client, It is true that filing the chargesheet under BNSS instead of CrPC is a violation of Section 531 of BNSS which states that all procedures that were pending immediately before the enforcement of BNSS shall be governed by the CrPC. However, the violation caused is a mere procedural error that doesn’t necessarily interferes the legal jurisdiction of the court. since the court has already taken cognizance of the matter, it is advisable not to invalidate the proccedings and instead, direct the prosecution to treat the matter as one under the regime of CrPC. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
Since your case started before BNSS came into force, the police should have followed CrPC rules. You can file an application in court or High Court to say the chargesheet is invalid. If accepted, the trial may pause, and the police could be asked to redo the chargesheet under CrPC. It is a strong legal point. For further legal assiatnace contact us on our helpline number.
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