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Under Section 25 of the Bharatiya Nagarik Suraksha Sanhita, 2023, how does a court deal with…

Section 25(1), subject to Section 9 of the Bharatiya Nyaya Sanhita, 2023, authorises the prescribed punishments the court is competent to impose. The court considers the…

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Under Section 25 of the Bharatiya Nagarik Suraksha Sanhita, 2023, how does a court deal with imprisonment for two or more offences at one trial?

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Answer and explanation

Correct answer D

Section 25(1), subject to Section 9 of the Bharatiya Nyaya Sanhita, 2023, authorises the prescribed punishments the court is competent to impose. The court considers the gravity of the offences when directing concurrent or consecutive operation. Under the proviso to Section 25(2), consecutive terms are subject to a twenty-year ceiling on imprisonment and an aggregate cap of twice the punishment the court can impose for one offence.

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Option A

The court may direct consecutive terms within the statutory limits.

Option B

The court may direct concurrent terms after considering the gravity of the offences.

Option C

Section 25(2) does not require referral merely because the aggregate exceeds the court’s power for a single offence.

Option D

Section 25(1) requires the court to consider gravity, and Section 25(2) limits consecutive sentences.

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