Grounds for Challenging FIR under BNSS: Key Insights

In the evolving landscape of India's criminal justice system, the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, effective from July 1, 2024, has replaced the Code of Criminal Procedure (CrPC), 1973. This shift brings new procedural nuances, particularly around First Information Reports (FIRs). If you're facing an FIR that seems procedurally flawed, understanding the grounds for challenging FIR under BNSS can be crucial. This post explores these grounds, drawing from judicial precedents and transitional rules, to help you navigate potential challenges.

Note: This is general information based on legal analyses and is not specific legal advice. Consult a qualified lawyer for your situation.

What Are the Primary Grounds for Challenging an FIR under BNSS?

The grounds for challenging FIR under BNSS primarily center on procedural violations, misapplication of law, or transgression of statutory powers. Common issues include improper registration—such as using CrPC provisions post-BNSS enforcement—filing multiple FIRs for the same incident, or non-compliance with transitional provisions. Courts have quashed FIRs registered in violation of these rules, emphasizing the law applicable on the date of the offense or registration.

Krishan Joshi VS State of Rajasthan, Through Director General of Police - Crimes (2024)

Key points include:- FIRs registered before July 1, 2024, must follow CrPC; post-enforcement registrations for pre-BNSS offenses under IPC proceed with investigations under BNSS, but not vice versa.- Section 531(2)(a) of BNSS saves pending proceedings, mandating continuation under CrPC where initiated pre-enforcement.- Second FIRs for the same incident, especially post-BNSS, are often deemed illegal. 1999 0 Supreme(All) 1444- Registrations based on unauthorized directives or procedural lapses provide strong challenge grounds.

Detailed Analysis of Challenge Grounds

1. Violation of Transitional Provisions (Section 531(2)(a) BNSS)

Transitional rules are pivotal. The law governing an FIR is determined by the date of the offense or registration. For instance, pre-July 1, 2024, FIRs remain under CrPC. Post-enforcement, FIRs for earlier IPC offenses should register under IPC with BNSS investigations, not CrPC. Violations, like registering a second FIR under CrPC after BNSS enforcement, are quashable. In the Krishan Joshi case, the court held: The registration of the second FIR under S.154 of Cr.P.C. on the basis of the letter of the Director General of Police as Crime No. 268/97... is not valid. 1999 0 Supreme(All) 1444

2. Improper Registration Under CrPC After BNSS Enforcement

FIRs for BNSS-applicable offenses post-July 1, 2024, must use BNSS, not CrPC. Courts have ruled such misregistrations challengeable, particularly if based on erroneous directives.

Arun Kumar VS State of Karnataka - Crimes (2024)

Post-BNSS, even applications to challenge proceedings must invoke Section 528 BNSS (equivalent to CrPC Section 482), not the repealed CrPC provision. One court dismissed an application under CrPC Section 482, stating applications post-enforcement must use BNSS Section 528. 2025 0 Supreme(All) 40

3. Registration of Multiple FIRs for the Same Incident

Courts consistently quash duplicate FIRs. Multiple FIRs from the same facts, especially if the first is under investigation, constitute abuse of process. This holds even across CrPC-BNSS transitions. 2024 0 Supreme(Gau) 1360 2006 6 Supreme 305 2020 8 Supreme 487

4. Registration Based on Improper Directives

FIRs stemming from unauthorized reports or directives transgress statutory powers and are vulnerable. 2024 0 Supreme(Gau) 1625

5. Procedural Violations Under Section 154

FIRs must comply with recording, reading, signing, and entry requirements. Deviations, like registering for undisclosed offenses, invite challenges. 2020 8 Supreme 487

6. Wrong Law Application

Pre-BNSS offenses under IPC require IPC FIRs; post-enforcement CrPC use is invalid.

Arun Kumar VS State of Karnataka - Crimes (2024)

7. Abuse of Process and Frivolous FIRs

Harassment via multiple FIRs can lead to quashing to prevent misuse. 2024 0 Supreme(Gau) 1072

Insights from Recent Cases on Quashing FIRs

Judicial trends reinforce sparing use of inherent powers under Section 528 BNSS. In one case, petitioners sought to quash FIR 110/2024 as retaliatory, but the court declined, citing State of Haryana v. Ch. Bhajan Lal: inherent powers are exercised sparingly to prevent miscarriage of justice. 2024 Supreme(JK) 465

Conversely, amicable settlements enable quashing even for non-compoundable offenses. A court quashed an FIR post-settlement, noting: Although this Court is of the opinion that an FIR cannot be generally and in a routine manner allowed to be quashed... yet the provisions of Section 320... do not restrict the powers... under Section 528 of BNSS. 2024 Supreme(JK) 262

In personal disputes, mutual compromises justify quashing serious charges like under IPC Sections 452 and 376B, promoting peace. 2025 0 Supreme(J&K) 146

However, mere allegations of falsity without procedural flaws rarely succeed, as seen in challenges lacking evidentiary support. 2018 0 Supreme(Raj) 713 2025 Supreme(Online)(MP) 6455

Exceptions and Limitations

Challenges succeed mainly on procedural or jurisdictional errors, not merits or falsity alone. Genuine, procedurally sound FIRs stand. Courts prioritize investigation unless exceptional circumstances exist.

Practical Recommendations

• Verify FIR date against offense and BNSS enforcement.
• Check for duplicates or wrong-law use.
• Confirm Section 154 compliance.
• File under Section 528 BNSS for quashing, citing violations like Section 531(2)(a).
• Contest invalid directive-based FIRs.

Key Takeaways

• Transitional compliance is paramount; missteps provide prime challenge grounds.
• Avoid multiple FIRs—courts view them as abuse.
• Leverage Section 528 BNSS judiciously, backed by precedents.
• Settlements can aid quashing in select cases.

Stay informed on BNSS shifts to protect rights. For tailored guidance, seek professional legal counsel. References include 2024 0 Supreme(P&H) 544,

Arun Kumar VS State of Karnataka - Crimes (2024)