FIR started with the new criminal law, but what will happen in the court? Know the answers to every question


New Delhi: With the implementation of the new criminal law, FIRs are being registered under the sections of the new law. Let us know what changes will this bring in court proceedings?

Q. When will the trial take place in court?

Legal experts say that according to the new law, it may take one or two months for the trial to start in the court. The trial does not start immediately after the FIR, but there is a process for it, which has to be followed. Legal expert and Delhi High Court lawyer Naveen Sharma says, whenever a new FIR is filed, its copy reaches the records of the court of the concerned magistrate the next day. That is, the copy of the cases in which criminal cases were registered on July 1 will go to the magistrate’s court within 24 hours. As per the rule, the accused has to be presented before the magistrate within 24 hours after arrest in a criminal case. After this, the police can request for remand or sending the accused to jail.

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Q. Will there be a change in the debate as well?

Legal experts say that if an accused files a bail application in an FIR registered under the new law, then the court will argue on it under the new law and action will be taken accordingly. However, in cases registered before July 1, the bail debate will continue to be conducted according to the old law. Advocate Naveen Sharma says that he/she himself had appeared in Rohini Court for an old case.

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Q. What about in High Court and Supreme Court?

In a case filed on or after July 1, whether it is a matter of bail or remand, if an accused challenges the decision of the lower court, then the matter can be heard immediately in the High Court and the Supreme Court.

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