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Which statement about criminal courts is incorrect under the Bharatiya Nagarik Suraksha Sanhita, 2023?

Question and options

Which statement about criminal courts is incorrect under the Bharatiya Nagarik Suraksha Sanhita, 2023?

  1. The State Government appoints the judge who presides over a Court of Session.

  2. Executive Magistrates are a class of criminal courts in every State.

  3. The High Court appoints the presiding officers of the Courts of Judicial Magistrates.

  4. The Chief Judicial Magistrate is subordinate to the Sessions Judge.

Answer and explanation

Correct answer: A - The State Government appoints the judge who presides over a Court of Session.

Under section 8(1) the State Government establishes a Court of Session for every sessions division. Section 8(2) gives the appointment of its presiding judge to the High Court. Sections 6, 9(2) and 13(1) support the statements about Executive Magistrates, appointments to Judicial Magistrates' courts and the Chief Judicial Magistrate's subordination.

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