A Magistrate receives the police report on completion of an investigation under the Bharatiya Nagarik…
A Magistrate may take or decline cognisance on the police report and may direct further investigation. Further investigation supplements the existing record. Ordering a…
Choose your answer
A Magistrate receives the police report on completion of an investigation under the Bharatiya Nagarik Suraksha Sanhita, 2023. Which step lies outside the Magistrate’s ordinary powers at that stage?
Answer and explanation
Correct answer D
A Magistrate may take or decline cognisance on the police report and may direct further investigation. Further investigation supplements the existing record. Ordering a fresh investigation that displaces the original inquiry goes beyond the Magistrate’s ordinary power.
Option feedback
Option A
Section 210(1)(b) permits cognisance upon a police report of the relevant facts.
Option B
The Magistrate assesses the police report and may decline cognisance if no ground exists.
Option C
Further investigation supplements the original investigation and is within the ordinary power.
Option D
Fresh investigation that displaces the first investigation is distinct from further investigation and lies beyond the ordinary Magistrate’s power.
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