Under the Bharatiya Nagarik Suraksha Sanhita, 2023, after a police report is filed under section 193…
Vinubhai, decided under the former Code (section 173(8) read with section 156(3) CrPC, now sections 193(9) and 175(3) BNSS), confirms the Magistrate's power to order further…
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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, after a police report is filed under section 193 and before the trial commences, which listed judicial authority may order further investigation, including after cognizance, as explained in Vinubhai Haribhai Malaviya v. State of Gujarat (2019)?
Answer and explanation
Correct answer C
Vinubhai, decided under the former Code (section 173(8) read with section 156(3) CrPC, now sections 193(9) and 175(3) BNSS), confirms the Magistrate's power to order further investigation after a police report and after cognizance, before trial commences. Under the proviso to section 193(9), further investigation once the trial is under way needs the permission of the court trying the case. The question asks for a judicial authority, so the police officers listed do not answer that institutional requirement.
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