The legal fiction in Section 7(1)(a) of the Prevention of Black-marketing and Maintenance of Supplies…
The fiction in s.7(1)(a) operates only to attract the criminal procedure provisions on proclamation and attachment against an absconding detenu and his property (formerly…
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The legal fiction in Section 7(1)(a) of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980 treats a detention order as a warrant issued by the Magistrate for the limited purpose of applying:
Answer and explanation
Correct answer B
The fiction in s.7(1)(a) operates only to attract the criminal procedure provisions on proclamation and attachment against an absconding detenu and his property (formerly ss.82-85 of the Code of Criminal Procedure, 1973). Since that Code has been repealed and re-enacted by the Bharatiya Nagarik Suraksha Sanhita, 2023 (s.531), the reference is read under s.8 of the General Clauses Act, 1897 as one to BNSS s.84 (proclamation), s.85 (attachment), s.87 (claims and objections) and s.88 (release, sale and restoration). The fiction does not bring in the substantive penal law (BNS), the law of evidence (BSA) or civil procedure (CPC).