Can I challenge arrest and chargesheet under wrong law?
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?
Dear Client, Since your FIR was registered in 2021 and considering that Section 531 of the BNSS mandates that any case prior to the enactment of BNSS its investigation and proceedings must be completed under the CrPC, and therefore the police’s action of arresting you under BNSS provisions and filing a chargesheet is illegal; you can challenge both the arrest and the chargesheet either before the trial court at the cognizance stage or before the High Court under Section 482 CrPC. I hope this answer helps. For further queries, please do not hesitate to contact us. Thank you
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.
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