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Under section 248(a) of the Bharatiya Nyaya Sanhita, what punishment applies to knowingly instituting a…

Section 248(a) provides "Imprisonment of either description up to five years, or a fine up to two lakh rupees, or both", so "Imprisonment of either description up to five…

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Under section 248(a) of the Bharatiya Nyaya Sanhita, what punishment applies to knowingly instituting a baseless criminal proceeding or making a baseless criminal charge with intent to injure, where the aggravated category in section 248(b) does not apply?

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Correct answer A

Section 248(a) provides "Imprisonment of either description up to five years, or a fine up to two lakh rupees, or both", so "Imprisonment of either description up to five years, or a fine up to five lakh rupees, or both" misstates the fine and "A fine only, with no possibility of imprisonment" is wrong. "Imprisonment of either description up to ten years, and liability to fine" is the aggravated rule in section 248(b), for a false charge of an offence punishable with death, life imprisonment or ten years or more.

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