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Under section 274 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what should a Magistrate do if the…

Under the proviso to section 274, the Magistrate must record reasons in writing and release the accused if the accusation is groundless. The release has the effect of…

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Under section 274 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what should a Magistrate do if the accusation in a summons case appears groundless?

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Answer and explanation

Correct answer B

Under the proviso to section 274, the Magistrate must record reasons in writing and release the accused if the accusation is groundless. The release has the effect of discharge. When the summons case proceeds under the main clause, the Magistrate states the particulars and asks the accused to plead or state a defence without framing a formal charge.

Option feedback

Option A

Section 274 dispenses with a formal charge and directs release for a groundless accusation.

Option B

The proviso to section 274 requires written reasons and release, which has the effect of discharge.

Option C

Section 274 does not require prior testimony. The stage of the principal witness’s evidence is relevant to the distinct power under section 281.

Option D

The proviso to section 274 expressly applies in summons cases. Sections 262 and 268 separately address discharge in warrant cases.

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