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Apart from a complaint of facts and a police report, which pair gives both grounds on which an…

Subject to Chapter XV, Section 210(1)(c) of the BNSS allows a first-class Magistrate, or a second-class Magistrate specially empowered under Section 210(2), to act on…

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Apart from a complaint of facts and a police report, which pair gives both grounds on which an empowered Magistrate may take cognizance under Section 210(1)(c) of the Bharatiya Nagarik Suraksha Sanhita, 2023?

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Answer and explanation

Correct answer C

Subject to Chapter XV, Section 210(1)(c) of the BNSS allows a first-class Magistrate, or a second-class Magistrate specially empowered under Section 210(2), to act on information from someone other than a police officer or on the Magistrate's own knowledge that an offence has been committed. A complaint of facts and a police report are separate grounds under clauses (a) and (b). The corresponding former provision was CrPC Section 190.

Option feedback

Option A

Incorrect. Personal knowledge qualifies, but information from a police officer is excluded from clause (c).

Option B

Incorrect. Personal knowledge qualifies, but a direction from the District Magistrate is not a ground under clause (c).

Option C

Correct. Clause (c) recognises information from a non-police source or the empowered Magistrate's own knowledge.

Option D

Incorrect. Neither a police officer's information nor a District Magistrate's direction is a ground under clause (c).

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