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A Magistrate not empowered by law to order, under Section 174 of BNSS, the police to investigate an offense, orders the police to investigate the offe
Question

A Magistrate not empowered by law to order, under Section 174 of BNSS, the police to investigate an offense, orders the police to investigate the offense. Such an order is:

A.

Illegal and cannot be protected under Section 506 of BNSS

B.

Irregular and is protected under Section 506 of BNSS.

C.

Illegal but not liable to be set aside unless it amounts to a miscarriage of justice.

D.

Irregular but liable to be set aside.

Correct option is B


As per Section 506 of BNSS, certain irregularities in orders by magistrates do not vitiate the proceedings if made in good faith.

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