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A woman gives the officer in charge of a police station information under section 173(1) of the…

Section 199(c) of the Bharatiya Nyaya Sanhita, 2023 penalises failure to record information given under section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 about…

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A woman gives the officer in charge of a police station information under section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 disclosing a cognizable offence under section 74 of the Bharatiya Nyaya Sanhita, 2023. No preliminary inquiry has been authorised. The officer refuses without lawful justification to have the information recorded and is charged under section 199(c) of the Bharatiya Nyaya Sanhita. Which statement is correct?

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Answer and explanation

Correct answer D

Section 199(c) of the Bharatiya Nyaya Sanhita, 2023 penalises failure to record information given under section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 about specified cognizable offences, including section 74.

The proviso to section 218(1) of the latter Act expressly removes the requirement for prior sanction for a charge under section 199.

The complainant's ability to approach the Superintendent of Police under section 173(4) does not remove the recording duty.

The separate preliminary-inquiry procedure in section 173(3) requires prior permission and does not explain the refusal in this case.

Option feedback

Option A

The escalation route in section 173(4) does not displace the separate offence under section 199(c).

Option B

The failure to record the specified information can itself be punished under section 199(c).

Option C

Section 218(1) expressly excludes a charge under section 199 from its sanction requirement.

Option D

Section 199(c) covers failure to record this information, and the proviso to section 218(1) dispenses with sanction for an offence under section 199.

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