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Law · Q1286

Code Of Criminal Procedure

Graduate and Post Graduate · Law · question 1286

Q1286

Abhijeet is charged uls 242 of the Indian Penal Code (45 of 1860), with "having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit", the word "fraudulently" being omitted in the charge. Applying Section 215 Criminal Procedure Code

A.
If it appears that Abhijeet was in fact misled by this omission, the error shall be regarded as material
B.
If it appears that Abhijeet was deliberately misled by this omission, the error shall be regarded as material
C.
Unless it appears that Abhijeet was in fact misled by this omission, the error shall not be regarded as material
Answer
D.
None of them

Answer: Option C

Solution

Answer: Option C
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