Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which one of the following irregularities by a…
Under Section 506(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 460(a) of the Code of Criminal Procedure, 1973), if any Magistrate not empowered by…
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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which one of the following irregularities by a Magistrate not empowered by law in that behalf, if done erroneously in good faith, does not vitiate the proceedings?
Answer and explanation
Correct answer C
Under Section 506(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 460(a) of the Code of Criminal Procedure, 1973), if any Magistrate not empowered by law to do so erroneously in good faith issues a search-warrant under Section 97 (formerly Section 94 CrPC), his proceedings shall not be set aside merely on the ground of his not being so empowered. Therefore, "Issuing a search-warrant under Section 97 of the Bharatiya Nagarik Suraksha Sanhita, 2023." does not vitiate the proceedings, whereas attaching and selling property under Section 85, cancelling a bond to keep the peace, and making an order for maintenance are listed in Section 507 (formerly Section 461 CrPC) as irregularities that vitiate proceedings.
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