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Law · Q525

Code Of Criminal Procedure

Graduate and Post Graduate · Law · question 525

Q525

X is charged under Section 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 pos-sessed 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 X was in fact misled by this omission, the error shall be regarded as material
B.
If it appears that X was deliberately misled by this omission, the error shall be regarded as material
C.
Unless it appears that X 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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