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Which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives the High Court the power to…

Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 407 of the Code of Criminal Procedure, 1973) confers power upon the High Court to transfer…

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Which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives the High Court the power to transfer criminal cases and appeals?

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Correct answer B

Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 407 of the Code of Criminal Procedure, 1973) confers power upon the High Court to transfer criminal cases and appeals from one criminal court subordinate to its authority to another such criminal court of equal or superior jurisdiction, or to commit the case to a Court of Session, or to try the case itself.

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Option A

Incorrect. Section 427 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 386 of the CrPC) defines the powers of the Appellate Court in disposing of appeals.

Option B

Correct. Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 407 of the CrPC) specifically provides for the power of the High Court to transfer cases and appeals whenever it is made to appear that a fair and impartial inquiry or trial cannot be had in any criminal court subordinate to it or that an order under the section is expedient for the ends of justice.

Option C

Incorrect. Section 450 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 410 of the CrPC) deals with the withdrawal of cases by Judicial Magistrates.

Option D

Incorrect. Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 482 of the CrPC) saves the inherent powers of the High Court.

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