Under the Bharatiya Nyaya Sanhita, 2023, which of the following is not a correct statement?
Under section 2(16) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 19 IPC), 'Judge' means a person officially designated as a Judge and includes a person empowered…
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Under the Bharatiya Nyaya Sanhita, 2023, which of the following is not a correct statement?
Answer and explanation
Correct answer D
Under section 2(16) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 19 IPC), 'Judge' means a person officially designated as a Judge and includes a person empowered by law to give, in any civil or criminal proceeding, a definitive judgment (or one that would be definitive if not appealed against or if confirmed by another authority), and a member of a body of persons so empowered; its illustration states that a Magistrate empowered to award a sentence of fine or imprisonment is a Judge. A Magistrate who can only commit an accused for trial to another court gives no definitive judgment and so is not a 'Judge', making that statement the incorrect one.
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