Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Lack of Jurisdiction as Grounds for Challenging FIR - The courts have held that FIRs cannot be refused registration solely on territorial jurisdiction grounds, especially with the recognition of Zero FIR under Section 173 of BNSS, which allows victims to file complaints regardless of jurisdiction. The Magistrate's failure to consider this was a valid ground for challenge ["2024 0 Supreme(Ker) 1339"].
Improper Registration under Repealed Laws - FIRs registered under outdated laws like Cr.P.C. before BNSS's enactment (effective from 01.07.2024) can be challenged, but police can re-register under Section 173 of BNSS and investigate anew. Registration under the wrong law (e.g., Cr.P.C. instead of BNSS) is a substantive defect justifying challenge ["
Arun Kumar VS State of Karnataka - Crimes (2024)
"], ["2024 0 Supreme(P&H) 544"].FIRs Based on False or Frivolous Allegations - Courts can quash FIRs if they are founded on fake or frivolous allegations, especially when the FIR is perceived as baseless or motivated. Section 528 of BNSS empowers courts to quash such FIRs to prevent misuse and ensure justice ["2024 0 Supreme(Ker) 1165"].
Grounds for Quashing FIRs under Section 528 BNSS - Common grounds include settlement/compromise between parties, absence of sufficient evidence, or procedural irregularities. Courts may exercise their power to quash FIRs to promote peace, especially in cases involving amicable settlements or where allegations are false ["2025 Supreme(Online)(P&H) 6907"], ["2024 0 Supreme(Raj) 1639"].
Delay in Lodging FIR Not a Valid Ground - The delay in lodging an FIR alone does not constitute a valid reason to quash the FIR, unless it points to malicious intent or false allegations. The focus is on whether the FIR is based on credible evidence or not ["2025 0 Supreme(Raj) 2080"].
Analysis and Conclusion:Challenging FIRs under BNSS primarily involves examining jurisdictional issues, procedural correctness (such as registration under the correct law), and the veracity of allegations. Courts recognize the importance of proper registration (e.g., under Section 173 of BNSS) and are willing to quash FIRs when they are based on false, frivolous, or improperly registered allegations, especially when parties have settled disputes. However, procedural delays like late lodging alone are insufficient grounds unless linked to malicious intent. Overall, the grounds for challenging FIRs under BNSS include jurisdictional errors, procedural irregularities, and the falsity of allegations, with courts exercising caution to balance justice and administrative efficiency.
In the evolving landscape of India's criminal justice system, the introduction of the , effective from , has replaced the . This shift brings new procedural nuances, particularly around (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.
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.
2001 5 Supreme 131
Key points include:- FIRs registered before , must follow CrPC; post-enforcement registrations for pre-BNSS offenses under proceed with investigations under BNSS, but not vice versa.- 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.
Transitional rules are pivotal. The law governing an FIR is determined by the date of the offense or registration. For instance, pre-, FIRs remain under CrPC. Post-enforcement, FIRs for earlier offenses should register under 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 as Crime No. 268/97... is not valid. 1999 0 Supreme(All) 1444
FIRs for BNSS-applicable offenses post-, must use BNSS, not CrPC. Courts have ruled such misregistrations challengeable, particularly if based on erroneous directives.
2024 0 Supreme(Gau) 1625
Post-BNSS, even applications to challenge proceedings must invoke (equivalent to ), not the repealed CrPC provision. One court dismissed an application under , stating applications post-enforcement must use BNSS Section 528. 2025 0 Supreme(All) 40
Courts consistently duplicate FIRs. Multiple FIRs from the same facts, especially if the first is under investigation, constitute . This holds even across CrPC-BNSS transitions. 2024 0 Supreme(Gau) 1360 2006 6 Supreme 305 2020 8 Supreme 487
FIRs stemming from unauthorized reports or directives transgress statutory powers and are vulnerable. 2024 0 Supreme(Gau) 1625
FIRs must comply with recording, reading, signing, and entry requirements. Deviations, like registering for undisclosed offenses, invite challenges. 2020 8 Supreme 487
Pre-BNSS offenses under require FIRs; post-enforcement CrPC use is invalid.
2024 0 Supreme(All) 1480
Harassment via multiple FIRs can lead to quashing to prevent misuse. 2024 0 Supreme(Gau) 1072
Judicial trends reinforce sparing use of under . In one case, petitioners sought to FIR 110/2024 as retaliatory, but the court declined, citing : are exercised sparingly to prevent miscarriage of justice. 2024 Supreme(JK) 465
Conversely, amicable settlements enable quashing even for . 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 ... 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 , 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
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.
Stay informed on BNSS shifts to protect rights. For tailored guidance, seek professional legal counsel. References include 2024 0 Supreme(P&H) 544,
, 1999 0 Supreme(All) 1444, 2024 0 Supreme(Gau) 1625, 2020 8 Supreme 487. #BNSS, #QuashFIR, #CriminalLaw
The learned Magistrate, as per Ext.P7 order, returned the application on the grounds of lack of jurisdiction. It was found that the Tamil Nadu Police Station has the jurisdiction to deal with the offence of cheating. This writ petition has been filed challenging Ext.P7 order. ... The learned Magistrate failed to take note of the facts and circumstances of the case pleaded in Ext.P6 application filed invoking Section 173(4) of BNSS and rejec....
Having regard to the aforesaid grounds of challenge urged by the petitioners in the present petition, the moot question for consideration of this Court would be as to whether on the basis of the said grounds, the impugned FIR can be quashed. ... (now 175(3) BNSS) seeking a direction upon Police Station, Bishnah for registration of an FIR against the petitioners herein for having committed offences under s....
The learned counsel for the petitioner urged mainly two grounds for quashing the FIR, which is as under:- (i) The learned counsel for the petitioner has contended that the offences alleged in the complaint was occurred on 24.06.2021 and subsequent dates on or prior to 30.06.2024 ... My respectful agreement with the law laid down by the Division Bench of the Allahabad High Court in respect of registering the FIR under BNSS#HL_EN....
The entire subsequent investigation procedure and even the trial procedure qua such an FIR shall then be governed by Cr.P.C. and not BNSS. ... PETITION UNDER SECTION 528 BNSS FOR FAIR, IMPARTIAL AND EFFECTIVE INVESTIGATION IN FIR NO. xxx FOR THE OFFENCE UNDER SECTION 420, 120-B IPC.” ... respectively and same is being mentioned as below: (i) If an FIR is registered on or after 1.7.2024 for the offence com....
Although this Court is of the opinion that an FIR cannot be generally and in a routine manner allowed to be quashed in exercise of the powers under Section 528 of the BNSS corresponding to Section 482 of Code on the mere ground that the parties have settled their controversy that had become the cause ... of the occurrence, yet the provisions of Section 320 of the Code do not restrict the powers of this Court vested in it under Section 528 of BNSS#H....
The present petition has been filed under Section 528 of BNSS, 2023 for quashing of FIR No.0137 dated 05.08.2023 under Sections 406, 420 of IPC, registered at Police Station Mataur, SAS Nagar Punjab and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 18.09.2023 ... Thus, keeping in view the aforesaid facts and circumstances, this Court is of the considered opinion that it is a fit case to exercise jurisdiction vest....
Section 175(3) BNSS has been invoked with no reasoning given for its application. The decision for registration of FIR is heavily reliant on the police's initial findings. ... Sd/- Chief Judicial Magistrate” After passing the above order, the complaint filed under section 175 of BNSS was then sent by post to the SHO of the police station for registering an FIR. ... Factual narrative as per translated version of the impug....
It is settled law that in an appropriate case, High Court can invoke power under Section 528 of the BNSS to quash the FIR itself if the FIR and the allegations thereon seem to be false and frivolous. ... This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (‘BNSS’ for short), seeking quashment of all further proceedings pursuant to Annexure-F #HL_STAR....
That, other grounds shall be urged during the course of arguments." ... ORDER This petition under Section 528 of BNSS has been filed by the petitioner challenging the order dated 30.05.2025 passed by the 22nd Additional Sessions Judge, Gwalior in Case No. 90/2025, whereby the application filed by the petitioner under ... Section 91 of Cr.P.C. and Section 94 of BNSS was dismissed. ... occurred at different place other th....
2025 INSC 582 , this Court is of the opinion that delay in lodging of an F.I.R. cannot be a ground for quashing the FIR and consequential proceedings. ... Aggrieved by the petitioner’s conduct, the respondent subsequently lodged a First Information Report (F.I.R.), pursuant to which an investigation was initiated. 10. ... Further, it was submitted that the respondent, nowhere in the FIR had mentioned the....
Post-enforcement of BNSS, applications challenging criminal proceedings must be filed under Section 528 of BNSS, not Section 482 Cr.P.C. 1. Heard Sri Pradeep Kumar, learned counsel for the applicants, Sri Pankaj Saxena, learned A.G.A for the State and perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 23.04.2023 as well as cognizance/summoning order dated 23.05.2024 and further proceedings of Case Crime ....
7. In the backdrop of the mutual settlement of the dispute between the petitioner/accused and the respondent No.3/complainant, this Court is of the opinion that it may meet the ends of justice in case the FIR in question bearing No. 100 of 2020 registered with Police Station, Zainpora Shopian is quashed as the same shall facilitate the peaceful and cordial relation between the two parties and their respective families in future. 9. The provisions of Section 359 of the BNSS corresponding to Sec....
5. Although this Court is of the opinion that an FIR cannot be generally and in a routine manner allowed to be quashed in exercise of the powers under Section 528 of the BNSS corresponding to Section 482 of Code on the mere ground that the parties have settled their controversy that had become the cause of the occurrence, yet the provisions of Section 320 of the Code do not restrict the powers of this Court vested in it under Section 528 of BNSS to quash the FIR and the consequent in....
The respondent No.1 has unilaterally arrived at a conclusion that the petitioner has violated the grant conditions without hearing the petitioner. 6. The grounds for challenging the notices are as under: a. Hence, the said communication is liable to be quashed on the ground of violation of principles of natural justice.
The petitioner Ranveer has approached this Court by way of this misc. petition for challenging the impugned FIR on various grounds.
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