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Under Section 478 of the Bharatiya Nagarik Suraksha Sanhita, 2023, who must release a person on bail in…

Section 478(1) applies when the officer in charge has arrested or detained the person without warrant, or the person appears or is brought before the court and is prepared…

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Under Section 478 of the Bharatiya Nagarik Suraksha Sanhita, 2023, who must release a person on bail in a bailable case when the ordinary statutory conditions are met?

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Answer and explanation

Correct answer C

Section 478(1) applies when the officer in charge has arrested or detained the person without warrant, or the person appears or is brought before the court and is prepared to give bail. Both authorities must release the person when the statutory conditions are met. The subsection provides for release on a bond without surety in specified circumstances. Under Section 478(2), the court may refuse bail on a subsequent occasion in the same case after a breach of attendance conditions.

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Option A

The officer in charge has the duty at the police stage and the court has it when the person appears or is brought before it.

Option B

The officer in charge also has the statutory duty when the conditions at the police stage are met.

Option C

The authority depends on whether the person is in the custody of the officer in charge or is before the court.

Option D

Both authorities have the statutory duty in their respective procedural settings.

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