Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following statements about recording…
Under sections 250 and 262 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly sections 227 and 239 CrPC) a court discharging an accused must record its reasons, so…
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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following statements about recording reasons is wrong?
Answer and explanation
Correct answer B
Under sections 250 and 262 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly sections 227 and 239 CrPC) a court discharging an accused must record its reasons, so the statement "When an accused is discharged the court need not record the reasons" is wrong. Dismissal of a complaint under section 226 also requires brief reasons. By contrast, an order taking cognizance or framing a charge need not be a detailed reasoned order, though it must show application of mind (Bhushan Kumar v State (NCT of Delhi), 2012).
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