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Which of the following statements are correct under the Bharatiya Nagarik Suraksha Sanhita, 2023 (which replaced the Criminal Procedure Code 1973)? I. If the law that creates the offence has given a…

Question and options

Which of the following statements are correct under the Bharatiya Nagarik Suraksha Sanhita, 2023 (which replaced the Criminal Procedure Code 1973)?
I. If the law that creates the offence has given a specific name to an offence then the offence shall be described in the charge by that name only.
II. If the law that creates the offence has not given a specific name to an offence then the offence can be described in the charge by a name convenient to the Officer/s.
III. The charge may be written in any language chosen by the prosecution.
IV. Every charge shall state the offence with which the accused is charged.
  1. Only I and III are correct
  2. Only I and IV are correct
  3. Only II and III are correct
  4. Only III and IV are correct

Answer and explanation

Correct answer: B - Only I and IV are correct
Under s.234 BNSS (formerly s.211 CrPC) every charge shall state the offence (IV), and where the law gives the offence a specific name it shall be described by that name only (I). Where there is no specific name, so much of the definition must be stated (not a name convenient to the officer), so II is wrong; and s.234(6) BNSS requires the charge to be written in the language of the Court, not any language the prosecution chooses, so III is wrong. Hence only I and IV.

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