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Dear Client,
A pre-cognizance notice, under Sections 316 and 318 of the BNS, is a legal document issued by a court before an arrest. The consequences can include prosecution for offenses like criminal breach of trust (Section 316) or cheating (Section 318), which can lead to imprisonment or fines. Before an arrest is made, anticipatory bail can be obtained under Section 438 of the Code of Criminal Procedure (replaced by Section 482 of BNSS) by approaching the Court of Session. The accused can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973(replaced by Section 528 of the BNSS). The Sec. 482 Cr. PC )Section 528 of the BNSS) empowers the High Court to dismiss an FIR or criminal proceedings against the accused. It is essential to prove to the court that the FIR was lodged with malicious intent to cause harm or inconvenience and is devoid of truth. The burden of proof rests on the petitioner. An application for the quashing of an FIR or criminal proceedings can also be filed before the High Court under Article 226 of the Constitution of India through a Criminal Miscellaneous Writ Petition invoking the extraordinary jurisdiction of the Court to quash an FIR or criminal proceedings. If required, consult or hire an experienced Advocate to navigate the issue in the right way.
Posted On 06-May-2025
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