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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following irregularities vitiate the…

Under section 507 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 461 CrPC), proceedings are void if a Magistrate not empowered by law tries an offender…

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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following irregularities vitiate the proceedings?
(a) Magistrate though not empowered, tender pardon U/S 343 BNSS in good faith.
(b) Magistrate not empowered, makes over case to other Magistrate.
(c) Magistrate not empowered, tried the offence summarily.
(d) Magistrate though not competent, decides an appeal.

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Answer and explanation

Correct answer C

Under section 507 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 461 CrPC), proceedings are void if a Magistrate not empowered by law tries an offender summarily (clause (m)) or decides an appeal (clause (o)). By contrast, section 506 says that tendering a pardon under section 343 (clause (g)) or making over a case under section 212(2) (clause (f)), done erroneously in good faith by a Magistrate not empowered, does not set aside the proceedings; so the vitiating irregularities are "(c) and (d)".

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