When at the stage of framing of charge the Sessions Court feels that the case is not exclusively…
Under CrPC section 228(1)(a), if after considering the record the Sessions Judge presumes that the accused has committed an offence not exclusively triable by the Court of…
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Answer and explanation
Correct answer B
Under CrPC section 228(1)(a), if after considering the record the Sessions Judge presumes that the accused has committed an offence not exclusively triable by the Court of Session, the Judge may "Frame the charge and transfer the case to the Chief Judicial Magistrate/Magistrate of the first class".
The Sessions Court frames the charge itself; it does not send the case to the Chief Judicial Magistrate for framing of charge, and it cannot transfer the case to a second-class Magistrate or a Lok Adalat.
Current law: BNSS section 251(1)(a) retains charge-framing and transfer to the CJM/other first-class Judicial Magistrate; section 531 saves specified pending CrPC proceedings.
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