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ARTICLE · 11 JULY 2024

Protest Petition: Final Pursuit Of Justice For An Aggrieved

Naik Naik & Company
Naik Naik & Company
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Naik Naik & Company

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In India, where policy inefficacy is frequently debated, there is a pressing need for effective redressal mechanisms. Even though there is no provision under the Code of Criminal Procedure...

IndiaCriminal Law
Vivek Dwivedi
Vivek Dwivedi
Ronit Doshi
Ronit Doshi

In India, where policy inefficacy is frequently debated, there is a pressing need for effective redressal mechanisms. Even though there is no provision under the Code of Criminal Procedure, 1908 (CrPC) (now Bhartiya Nyaya Suraksha Samhita, 2023 (BNSS), the complainant's right to file the protest petition has been widely recognized in India. Currently, criminal proceedings in India are governed under BNSS. Although the BNSS does not explicitly define a protest petition, citizens have utilized it and there are various judicial pronouncements to affirm that.

What Is A Protest Petition?

A Protest Petition is essentially a Petition filed by the complainant/aggrieved before the concerned Magistrate challenging the report filed by the police in a particular case. For an aggrieved party in criminal proceedings, a protest petition serves as an effective and expeditious mechanism to protect his/her rights. A Protest Petition is filed before the appropriate Metropolitan

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