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A Magistrate has taken cognizance of an offence. What must the Magistrate find to issue process under…

Section 227 uses sufficient ground for proceeding as the test for issuing process after taking cognizance. The provision does not require a finding of guilt.

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A Magistrate has taken cognizance of an offence. What must the Magistrate find to issue process under section 227 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

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Answer and explanation

Correct answer A

Section 227 uses sufficient ground for proceeding as the test for issuing process after taking cognizance. The provision does not require a finding of guilt.

Option feedback

Option A

Section 227 requires sufficient ground for proceeding.

Option B

Proof beyond reasonable doubt is the standard for conviction, whereas issue of process begins proceedings against the accused.

Option C

Issue of process precedes the formal charge stage in cases where a charge is framed.

Option D

Section 227 does not make an advance hearing on the merits a condition of issuing process.

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