Law · Bharatiya Nagarik Suraksha Sanhita, 2023
Which of the following statements correctly highlights the changes in the provision for withdrawal from prosecution between the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Code of Criminal Procedure, 1973 (Cr.PC)?
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- 1The BNSS replaces 'Delhi Special Police Establishment Act' with 'any Central Act' in the provisions for withdrawal from prosecution, but does not require an opportunity for the victim to be heard.
- 2The BNSS removes the requirement for the Public Prosecutor to seek permission from the court for withdrawal from prosecution, eliminating the need for the victim's input.
- 3The BNSS retains the same provision as Cr.PC regarding the withdrawal from prosecution and does not address the opportunity for the victim to be heard.
- 4The BNSS introduces a new second proviso that mandates the court to provide the victim an opportunity to be heard before allowing the Public Prosecutor to withdraw from prosecution.✓
Correct answer
The BNSS introduces a new second proviso that mandates the court to provide the victim an opportunity to be heard before allowing the Public Prosecutor to withdraw from prosecution.
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