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CRIMINAL LAW

What Happens After an FIR Is Registered? Understanding the Criminal Process

Information relating to a cognizable offence is dealt with under S. 173 BNSS, 2023 (corresponding to S. 154 CrPC). Investigation of a cognizable case is addressed by S. 175 BNSS (corresponding broadly to S. 156 CrPC), while the investigation procedure is principally covered by S. 176 BNSS (S. 157 CrPC). On completion of investigation, the police report is governed by S. 193 BNSS (S. 173 CrPC). An FIR sets the criminal law in motion; it is not itself proof of guilt. In Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1, the Supreme Court considered registration of FIRs in cognizable cases and the limited circumstances for preliminary inquiry. The applicable law for an older proceeding may remain the CrPC because of the saving and transition provisions, so the date and procedural stage must be checked.

Important: This article is for general informational purposes only and is not legal advice. Criminal-law provisions and case law should be checked against the law applicable to the particular facts, date and procedural stage.

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