After a lawful investigation, a police officer submits a report disclosing only a non-cognizable…
Under the explanation to section 2(1)(h), a qualifying report is treated as a complaint and the officer who submitted it as the complainant. That is the route the Magistrate…
Choose your answer
After a lawful investigation, a police officer submits a report disclosing only a non-cognizable offence. Assuming no separate statutory bar to cognizance, how does the explanation to section 2(1)(h) of the Bharatiya Nagarik Suraksha Sanhita, 2023 classify the report?
Answer and explanation
Correct answer C
Under the explanation to section 2(1)(h), a qualifying report is treated as a complaint and the officer who submitted it as the complainant. That is the route the Magistrate applies to the facts stated.
Option feedback
Option A
The explanation supplies a route by deeming the report a complaint.
Option B
The explanation designates the reporting officer as complainant. It does not require a new complaint by the informant.
Option C
The explanation creates both deeming rules.
Option D
The specific deeming rule means the Magistrate uses the complaint route rather than treating this as an ordinary police report for cognizance.
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