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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…

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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?

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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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