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CS Executive · Jurisprudence, Interpretation and General Laws · Laws relating to Crime and its Procedure

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, how are offences under laws other than the Bharatiya Nyaya Sanhita, 2023 to be investigated, inquired into and tried?

Offences under other laws are dealt with under the same provisions of the Sanhita, but subject to any enactment in force that regulates the manner or place of investigation, inquiry or trial. The Sanhita is the default procedure, and special laws prevail only on those points.

  1. AAccording to the same procedural provisions of the Sanhita, but subject to any enactment in force regulating the manner or place of investigation or trialCorrect
  2. BOnly according to the procedure laid down in that other law, with the Sanhita having no application
  3. COnly by a Magistrate of the first class under the Sanhita, whatever the other law provides
  4. DAccording to the Sanhita, overriding any special enactment on the manner or place of trial

Explanation

Section 4(2) of the BNSS applies the same procedural provisions to offences under other laws, but this is subject to any enactment regulating the manner or place of investigating or trying them. Option D ignores that saving, and option B wrongly excludes the Sanhita entirely.

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