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An offence under a law other than B.N.S. is punishable with imprisonment for up to five…

B.N.S.S.

B.N.S.S. Medium

An offence under a law other than B.N.S. is punishable with imprisonment for up to five years. The special law does not classify it. Under the general rule in the Second Part of the First Schedule to B.N.S.S., how is this offence classified?

Show answer and explanation

Answer: B. Cognizable, non-bailable and triable by a Magistrate of the first class

Explanation

Under the Second Part of the First Schedule, an offence punishable with imprisonment of three years and upwards but not more than seven years is cognizable, non-bailable and triable by a Magistrate of the first class. Five years falls within this band. Trial by the Court of Session applies only to offences punishable with death, life imprisonment or imprisonment for more than seven years.

Legal provision:
First Schedule (Part II), B.N.S.S.