In a case an application for bail is filed by the accused who is alleged to have committed an offence under section 376 AB of the Indian Penal Code, in such a case it is

Option A: mandatory to give a notice of such bail application, before granting bail, to the public prosecutor within a period of fifteen days from the date of receipt of notice of such application

Option B: mandatory to give a notice of such bail application, before granting bail, to the public prosecutor within a period of seven days from the date of receipt of notice of such application

Option C: not mandatory to give notice to the public prosecutor if the complainant/ informant is represented through a private counsel.

Option D: not mandatory to give notice to the public prosecutor if the court considers that it is not practicable to give such notice

Correct Answer

Option: a

Explanation

Section 439(1), CrPC, proviso II provides that- The High Court or session court shall before granting bail to an accused under section 376 of IPC give notice of the application for bail to the public prosecutor within a period of 15 days from the date of receipt of the notice of such application.

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