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

Section 506(e) of the BNSS (formerly section 460(e) CrPC) provides that if a Magistrate not empowered by law erroneously, in good faith, takes cognizance of an offence under…

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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following irregularities of a Magistrate not empowered by law to do so, does not vitiate the proceedings:

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Answer and explanation

Correct answer B

Section 506(e) of the BNSS (formerly section 460(e) CrPC) provides that if a Magistrate not empowered by law erroneously, in good faith, takes cognizance of an offence under clause (a) or clause (b) of section 210(1), the proceedings are not set aside merely because he was not so empowered. So "taking cognizance of an offence under clause (a) or clause (b) of sub-section (1) of Section 210" does not vitiate the proceedings.

By contrast, under section 507 the proceedings of an unempowered Magistrate are void if he calls for proceedings under section 438, decides an appeal, or revises an order passed under section 491.

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