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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the power of a Court to convert summons-cases into…

Under Section 282 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (which corresponds to Section 259 of the repealed Code of Criminal Procedure, 1973), when in the course of…

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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the power of a Court to convert summons-cases into warrant-cases is provided in terms of:

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Answer and explanation

Correct answer D

Under Section 282 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (which corresponds to Section 259 of the repealed Code of Criminal Procedure, 1973), when in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice the offence should be tried in accordance with the procedure for the trial of warrant-cases, the Magistrate may proceed to re-hear the case as a warrant-case. By contrast, Section 279 BNSS (formerly Section 256 Cr.P.C.) governs non-appearance or death of the complainant, Section 280 BNSS (formerly Section 257 Cr.P.C.) governs withdrawal of a complaint, and Section 281 BNSS (formerly Section 258 Cr.P.C.) governs power to stop proceedings in certain cases.

Option feedback

Option A

Incorrect: Section 279 of the BNSS, 2023 (formerly Section 256 Cr.P.C.) deals with non-appearance or death of the complainant in a summons-case.

Option B

Incorrect: Section 280 of the BNSS, 2023 (formerly Section 257 Cr.P.C.) deals with withdrawal of a complaint in a summons-case.

Option C

Incorrect: Section 281 of the BNSS, 2023 (formerly Section 258 Cr.P.C.) empowers the Magistrate to stop proceedings in certain summons-cases instituted otherwise than upon complaint.

Option D

Correct: Section 282 of the BNSS, 2023 (formerly Section 259 Cr.P.C.) empowers the Magistrate, in the course of the trial of a summons-case relating to an offence punishable with imprisonment exceeding six months, to convert it into a warrant-case in the interest of justice.

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