Which of the following statement in respect of section 359 of the Bharatiya Nagarik Suraksha Sanhita,…
Section 359(8) of the BNSS (formerly section 320(8) CrPC) makes a lawful composition have the effect of acquittal, including when it occurs before charge; it is not merely a…
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Which of the following statement in respect of section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is not correct?
Answer and explanation
Correct answer A
Section 359(8) of the BNSS (formerly section 320(8) CrPC) makes a lawful composition have the effect of acquittal, including when it occurs before charge; it is not merely a discharge. The other statements reflect subsections (7), (5) and (4)(b): enhanced-punishment previous convictions restrict compounding, a pending appeal requires appellate leave, and a deceased competent person’s legal representative needs the court’s consent.
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