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The power of the Court to proceed against other persons (not being the accused) appearing to be guilty…

Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 319 of the Code of Criminal Procedure, 1973) provides that where, in the course of any inquiry…

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The power of the Court to proceed against other persons (not being the accused) appearing to be guilty of an offence is provided in which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?

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Correct answer B

Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 319 of the Code of Criminal Procedure, 1973) provides that where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed. Among the other options, Section 348 (formerly Section 311 CrPC) governs summoning material witnesses, Section 352 (formerly Section 314 CrPC) governs oral arguments and written arguments, and Section 360 (formerly Section 321 CrPC) governs withdrawal from prosecution.

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Option A

Incorrect. Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 311 of the CrPC, 1973) deals with the power to summon a material witness, or examine a person present.

Option B

Correct. Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 319 of the CrPC, 1973) empowers the Court, in the course of any inquiry into or trial of an offence, to proceed against any person not being the accused who appears from the evidence to have committed any offence for which such person could be tried together with the accused.

Option C

Incorrect. Section 352 of the BNSS, 2023 (formerly Section 314 of the CrPC, 1973) deals with oral arguments and memorandum of arguments.

Option D

Incorrect. Section 360 of the BNSS, 2023 (formerly Section 321 of the CrPC, 1973) deals with withdrawal from prosecution.

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