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A person is accused under section 196(1)(a) of the Bharatiya Nyaya Sanhita, 2023 of promoting enmity…

Section 217(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires previous sanction from the Central Government or the State Government for cognizance of an offence…

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A person is accused under section 196(1)(a) of the Bharatiya Nyaya Sanhita, 2023 of promoting enmity between two language groups on the ground of language. Whose previous sanction is required before a court takes cognizance of that offence under the Bharatiya Nagarik Suraksha Sanhita, 2023?

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Answer and explanation

Correct answer C

Section 217(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires previous sanction from the Central Government or the State Government for cognizance of an offence under section 196 of the Bharatiya Nyaya Sanhita, 2023.

The District Magistrate's role for different offences under section 217(2) does not apply here.

Option feedback

Option A

Section 217(1) does not allow a District Magistrate to substitute for either Government.

Option B

Section 217(1) does not designate the High Court as a sanctioning authority.

Option C

Section 217(1) authorizes either the Central Government or the State Government to give the previous sanction.

Option D

The statute permits either Government to sanction, without requiring both.

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