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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following statements is not correct?

Section 2(1)(c) of the BNSS (formerly section 2(a) CrPC) defines a bailable offence as one shown as bailable in the First Schedule or made bailable by any other law, and a…

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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following statements is not correct?

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Correct answer D

Section 2(1)(c) of the BNSS (formerly section 2(a) CrPC) defines a bailable offence as one shown as bailable in the First Schedule or made bailable by any other law, and a non-bailable offence as any other offence, so those statements are correct. The statement that "Police may not arrest without warrant to an accused of bailable offence in all the situations" is not correct, because the power to arrest without warrant depends on whether the offence is cognizable (sections 2(1)(g) and 35, formerly sections 2(c) and 41 CrPC), and many bailable offences are cognizable. Release in bailable cases is governed by section 478.

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