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Assume that the accused is an adult, satisfies the filing and other procedural requirements, and faces…

Section 289 excludes offences punishable with death, life imprisonment or imprisonment exceeding seven years, along with notified socio-economic offences and offences…

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Assume that the accused is an adult, satisfies the filing and other procedural requirements, and faces only one charge. Neither theft described is a notified socio-economic offence. Which charge can qualify for plea bargaining under the Bharatiya Nagarik Suraksha Sanhita, 2023?

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Answer and explanation

Correct answer B

Section 289 excludes offences punishable with death, life imprisonment or imprisonment exceeding seven years, along with notified socio-economic offences and offences committed against women or children.

Under the applicable definition, a seventeen-year-old is a child. On the stated facts, ordinary theft from the adult man can qualify.

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Option A

Section 289 excludes offences notified as affecting the country's socio-economic condition.

Option B

Ordinary theft is within the punishment threshold, and the stated facts do not engage the exclusions in section 289.

Option C

A seventeen-year-old is a child, and section 289 excludes offences committed against a child.

Option D

Murder is punishable with death or imprisonment for life and falls outside section 289.

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