A Magistrate mistakenly acts in good faith without the required legal authority. Which action makes the…
Under Section 507(m) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 461(m) of the Code of Criminal Procedure, 1973), if any Magistrate, not being…
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A Magistrate mistakenly acts in good faith without the required legal authority. Which action makes the proceedings void under the Bharatiya Nagarik Suraksha Sanhita, 2023?
Answer and explanation
Correct answer C
Under Section 507(m) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 461(m) of the Code of Criminal Procedure, 1973), if any Magistrate, not being empowered by law in this behalf, tries an offender summarily, his proceedings shall be void (vitiated). By contrast, under Section 506(a), (c), and (g) of the BNSS, 2023 (formerly Section 460(a), (c), and (g) CrPC), issuing a search-warrant under Section 97 (formerly Section 94 CrPC), holding an inquest under Section 196 (formerly Section 176 CrPC), or tendering a pardon under Section 343 (formerly Section 306 CrPC) erroneously in good faith does not set aside or vitiate the proceedings.
Option feedback
Option A
Incorrect because under Section 506(a) of the BNSS, 2023 (formerly Section 460(a) CrPC), issuing a search-warrant under Section 97 (formerly Section 94 CrPC) erroneously in good faith does not vitiate the proceedings.
Option B
Incorrect because under Section 506(c) of the BNSS, 2023 (formerly Section 460(c) CrPC), holding an inquest under Section 196 (formerly Section 176 CrPC) erroneously in good faith does not vitiate the proceedings.
Option C
Correct because under Section 507(m) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 461(m) of the CrPC, 1973), if any Magistrate not being empowered by law in this behalf tries an offender summarily, his proceedings shall be void.
Option D
Incorrect because under Section 506(g) of the BNSS, 2023 (formerly Section 460(g) CrPC), tendering a pardon under Section 343 (formerly Section 306 CrPC) erroneously in good faith does not vitiate the proceedings.
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