A Sessions Judge calls for the record of an inferior criminal court to check the correctness, legality…
Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 confers criminal revisional authority on the High Court or a Sessions Judge to examine an inferior criminal…
Choose your answer
A Sessions Judge calls for the record of an inferior criminal court to check the correctness, legality or propriety of an order and the regularity of the proceedings. Which supervisory jurisdiction is being exercised under the Bharatiya Nagarik Suraksha Sanhita, 2023?
Answer and explanation
Correct answer C
Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 confers criminal revisional authority on the High Court or a Sessions Judge to examine an inferior criminal court’s record for the specified purposes.
Option feedback
Option A
A reference under section 436 involves a court referring a question to the High Court in the specified circumstances.
Option B
The judge calls for the inferior court’s record. There is no reconsideration of the judge’s own order.
Option C
Section 438 confers the described record-calling power for criminal revision.
Option D
The facts describe supervisory examination of an inferior court record under section 438. No statutory appeal is presented.
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