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A complaint is late under the limitation provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.…

Section 519 permits cognizance when the court is satisfied that the delay has been properly explained or that taking cognizance is necessary in the interests of justice. The…

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A complaint is late under the limitation provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court finds that the delay has not been properly explained. Which finding under section 519 can still permit it to take cognizance?

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Answer and explanation

Correct answer B

Section 519 permits cognizance when the court is satisfied that the delay has been properly explained or that taking cognizance is necessary in the interests of justice.

The interests-of-justice ground can apply even when the court finds the explanation for delay inadequate.

Option feedback

Option A

The explanation ground requires that the court find the delay properly explained. An attempt alone does not meet that test.

Option B

The interests of justice are an independent statutory ground on which the court may act.

Option C

The court must make the statutory finding itself. Government instructions are outside the grounds in section 519.

Option D

The investigating officer’s consent is outside the grounds in section 519.

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