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A sworn statement under the Bharatiya Nagarik Suraksha Sanhita by a witness can be recorded by a Judicial Magistrate where:
Question

A sworn statement under the Bharatiya Nagarik Suraksha Sanhita by a witness can be recorded by a Judicial Magistrate where:

A.

It is an urgent need for a charge-sheet to be filed.

B.

There is an urgent need to make an arrest.

C.

There is no inducement or coercion of any kind offered to the witness.

D.

The witness does not think that the police is doing a thorough investigation.

Correct option is C

The correct answer id C. Under Section 183 of BNSS, 2023 (earlier Section 164 CrPC), a Judicial Magistrate can record a sworn statement from a witness only if it is given voluntarily, without coercion, threat, or inducement. This ensures the credibility and reliability of the testimony. The urgency of filing a charge-sheet or making an arrest does not determine the validity of a sworn statement.

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