Under Section 419(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, who can direct the Public…
Section 419(1)(a) of the BNSS (formerly section 378(1)(a) CrPC) authorises the District Magistrate to direct a Public Prosecutor to appeal to Sessions against a Magistrate’s…
Choose your answer
Under Section 419(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, who can direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by Magistrate in respect of a cognizable and non-bailable offence:
Answer and explanation
Correct answer A
Section 419(1)(a) of the BNSS (formerly section 378(1)(a) CrPC) authorises the District Magistrate to direct a Public Prosecutor to appeal to Sessions against a Magistrate’s acquittal for a cognizable and non-bailable offence. This is distinct from State-directed High Court acquittal appeals in subsection (1)(b); neither the CJM nor High Court is the directing authority specified here.
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