Simran, an accused, applies to the Supreme Court to transfer her trial from a Court in Gujarat to a…
Section 446(2) of the BNSS requires every application to be made "By motion supported by affidavit or affirmation", except when the applicant is the Attorney-General of…
Choose your answer
Simran, an accused, applies to the Supreme Court to transfer her trial from a Court in Gujarat to a Court in Maharashtra. Under section 446(2) of the BNSS, how must her application be made?
Answer and explanation
Correct answer A
Section 446(2) of the BNSS requires every application to be made "By motion supported by affidavit or affirmation", except when the applicant is the Attorney-General of India or the Advocate-General of the State. An oral request or a letter does not meet the requirement, and the police are not the channel. A frivolous or vexatious application may lead to compensation being ordered under section 446(3).
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision