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Under the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023, during…

Under BNS s.229 Explanation 2, an investigation directed by law preliminary to a court proceeding is itself a stage of judicial proceeding, so contention (a) fails; and…

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Under the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023, during investigation by a police officer under directions of the Magistrate on complaint of 'A' alleging criminal misappropriation of his diamond ring by 'B', 'A' produces an invoice evidencing his title to the property. The invoice is found during investigation to be fabricated. On closure report, the Magistrate took cognizance and summoned 'A' to face trial on the charge of fabricating false evidence. The contentions of 'A' are:
a. The document (invoice) was not given in a judicial proceeding.
b. The police officer has not made a complaint.
Here:

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Answer and explanation

Correct answer C

Under BNS s.229 Explanation 2, an investigation directed by law preliminary to a court proceeding is itself a stage of judicial proceeding, so contention (a) fails; and under BNSS s.215(1)(b) cognizance of fabricating false evidence needs a complaint in writing of the concerned Court, never of a police officer, so contention (b) also fails to show any defect.

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