Which new power has been given to the Magistrate under Bharatiya Nagarik Suraksha Sanhita(BNSS) regarding preliminary inquiry for serious cases?
Show answer & explanation
Correct answer: B
Explanation
Answer: The power to direct a preliminary inquiry in cases involving a punishment of 7 years or more.
Explanation:
The Bharatiya Nagarik Suraksha Sanhita (BNSS)—which has replaced the CrPC grants a new and significant power to the Magistrate. Under this provision, if an offense is punishable by imprisonment for 7 years or more, the Magistrate may direct a 'preliminary inquiry' to verify the veracity of the allegations before registering a First Information Report (FIR). This provision has been introduced to prevent the filing of false cases and to ensure that, in matters involving serious allegations, legal proceedings advance only if prima facie evidence is found. It is mandatory for this inquiry to be completed within 14 days.
Additional Points:
Objective of BNSS: Its primary goal is to make the justice delivery system more modern, transparent, and expeditious.
Anticipatory Bail: Its provisions mandate that the police must be heard a principle referred to as 'giving a hearing to both sides.'
Digital Evidence: The BNSS makes video recording mandatory during search and seizure operations.
Potential Exam Questions and Answers:
Question: Within how many days must a preliminary inquiry be completed under the BNSS?
Answer: 14 days.
Question: Which older law has the BNSS replaced?
Answer: The Code of Criminal Procedure (CrPC, 1973).