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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following sentences can be passed by…

Under section 23(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a…

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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following sentences can be passed by the Court of a Chief Judicial Magistrate?

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Correct answer D

Under section 23(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death, imprisonment for life or imprisonment for a term exceeding seven years. Imprisonment for a term not exceeding seven years is therefore the only sentence among the choices that it can pass.

A sentence of death or imprisonment for life can be passed by a Sessions Judge or an Additional Sessions Judge under section 22(2), and a sentence of death so passed is subject to confirmation by the High Court. The BNSS has no Assistant Sessions Judges (formerly s.28(3) CrPC). For comparison, a Magistrate of the first class may pass imprisonment up to three years, fine up to fifty thousand rupees, or both, or community service (s.23(2)).

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