Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following irregularities does not…
Under Section 506(c) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 460(c) CrPC), if any Magistrate not empowered by law to hold an inquest under Section…
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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following irregularities does not vitiate the proceedings if any Magistrate, not being empowered by law in this behalf, erroneously in good faith does that thing?
Answer and explanation
Correct answer C
Under Section 506(c) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 460(c) CrPC), if any Magistrate not empowered by law to hold an inquest under Section 196 (formerly Section 176 CrPC) erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered. By contrast, Section 507 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 461 CrPC) enumerates irregularities that vitiate proceedings and render them void if done by a Magistrate not empowered by law in that behalf. That list expressly includes making an order for maintenance (clause (g)), making an order under Section 152 as to a local nuisance (clause (h)), and making an order under Part C or Part D of Chapter XI (clause (j)).
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