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"L", the landlord in respect of a one-room house let out by him in favour of "T" was prosecuted on the…

Under s.502 BNSS (formerly s.456 CrPC), on conviction for an offence attended by dispossession by criminal force, the court may order restoration of possession within one…

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"L", the landlord in respect of a one-room house let out by him in favour of "T" was prosecuted on the charge of house trespass after physical assault and causing simple hurt to "T" and has been convicted for the criminal offences, it being also proved to the satisfaction of the Judicial Magistrate that by use of such force "T" was dispossessed of the tenanted property. Is it permissible, under the Bharatiya Nagarik Suraksha Sanhita, 2023, for the trial court to order restoration of possession to "T"?

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Correct answer C

Under s.502 BNSS (formerly s.456 CrPC), on conviction for an offence attended by dispossession by criminal force, the court may order restoration of possession within one month of conviction and such order is without prejudice to rights determinable in a civil suit, so "Yes, but not more than one month after the date of conviction." and "Yes, but without prejudice to right or interest of the person in possession as may be established in a civil suit." both hold, i.e. "Both Yes, but not more than one month after the date of conviction and Yes, but without prejudice to right or interest of the person in possession as may be established in a civil suit are correct."

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