Which of the following is not true of an order discharging an accused in the absence of the complainant?
A criminal court cannot review or alter its judgment or final order once signed except to correct a clerical or arithmetical error (Section 403 BNSS, formerly s.362 CrPC),…
Choose your answer
Which of the following is not true of an order discharging an accused in the absence of the complainant?
Answer and explanation
Correct answer B
A criminal court cannot review or alter its judgment or final order once signed except to correct a clerical or arithmetical error (Section 403 BNSS, formerly s.362 CrPC), so it is not true that "A Magistrate discharging the accused can review his order."; the other statements correctly describe discharge under Section 272 BNSS (formerly s.249 CrPC), which now also requires the Magistrate to give the complainant thirty days' time to be present.
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