Criminal Procedure (BNSS, 2023) Test 1 — Questions & Solutions
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A police officer wants to arrest, without warrant, a 67-year-old man suspected of an offence punishable with imprisonment of less than three years. Under the BNSS, 2023, which condition must be satisfied?
aPrior permission of an officer not below the rank of Deputy Superintendent of Police is required
bNo prior permission is needed as it is a cognizable offence
cPrior written permission of a Judicial Magistrate of the first class is required
dSuch a person can never be arrested without a warrant
Answer: A
Under the proviso to Section 35(7) BNSS [old S.41 CrPC], a person who is infirm or above sixty years of age, accused of an offence punishable with imprisonment of less than three years, shall not be arrested except with the prior permission of an officer not below the rank of Deputy Superintendent of Police.
X is suspected of a cognizable offence punishable with imprisonment which may extend to seven years. The police do not consider arrest necessary. Under the BNSS, 2023, what is the correct course before any arrest?
aImmediately arrest X and record reasons later
bIssue a notice of appearance to X requiring his attendance
cObtain a warrant from the Magistrate before any action
dTake X into preventive detention for 24 hours
Answer: B
Section 35(3) BNSS [old S.41A CrPC] requires the police to issue a notice directing the person's appearance where arrest is not required for an offence punishable up to seven years; the Supreme Court (Arnesh Kumar v. State of Bihar; reaffirmed in Satender Kumar Antil) made such notice mandatory.
Under Section 43 of the BNSS, 2023, in which of the following situations may a police officer use handcuffs while effecting an arrest?
aAny person accused of a non-bailable offence
bAny person who refuses to disclose his name
cA person who is a habitual or repeat offender, or accused of an offence such as rape or acid attack
dAny person above sixty years of age, for his own safety
Answer: C
Section 43(3) BNSS expressly permits use of handcuffs while arresting a habitual/repeat offender, an escapee from custody, or one accused of organised crime, terrorist act, drug crime, illegal arms, murder, rape, acid attack, counterfeiting, human trafficking, sexual offence against children, or offence against the State. This is a new statutory provision (no direct CrPC equivalent).
A woman is to be arrested for a non-bailable offence at 9 p.m. Under the BNSS, 2023, the general rule is that:
aA woman may be arrested at any hour without restriction
bA woman may be arrested at night only by a male officer accompanied by two witnesses
cA woman can never be arrested for a non-bailable offence
dNo woman shall be arrested after sunset and before sunrise, save in exceptional circumstances with a woman officer obtaining prior written permission of a Judicial Magistrate of the first class
Answer: D
The proviso to Section 43(5) BNSS [old S.46(4) CrPC] bars arrest of a woman after sunset and before sunrise; in exceptional circumstances a woman police officer must, by written report, obtain the prior permission of the Judicial Magistrate of the first class within whose jurisdiction the offence is committed.
Under the BNSS, 2023, a person arrested without warrant and not released on bail must be produced before the nearest Magistrate within what time?
aTwenty-four hours, exclusive of the time necessary for the journey from the place of arrest to the Magistrate's court
bTwelve hours of arrest
cTwenty-four hours, including the time necessary for the journey to the Magistrate's court
dForty-eight hours of arrest
Answer: A
Section 58 BNSS [old S.57 CrPC], read with Section 56, mandates production within twenty-four hours of arrest, exclusive of the time necessary for the journey from the place of arrest to the Magistrate's court (Article 22(2) of the Constitution).
In an investigation of an offence punishable with imprisonment of more than ten years, the police have not completed investigation. Under Section 187 of the BNSS, 2023, the accused becomes entitled to default/statutory bail if the charge-sheet is not filed within:
a120 days
b90 days
c60 days
d180 days
Answer: B
Section 187(3) BNSS [old S.167(2) CrPC] permits detention up to 90 days where the offence is punishable with death, imprisonment for life, or imprisonment of ten years or more; failing charge-sheet within that period, the accused is entitled to default bail on furnishing bail.
Y is an arrested person being interrogated by the police. Under Section 38 of the BNSS, 2023, his right to meet an advocate of his choice during interrogation is:
aAvailable throughout the entire interrogation
bAvailable only after the charge-sheet is filed
cAvailable during interrogation, though not throughout the interrogation
dNot available until he is produced before a Magistrate
Answer: C
Section 38 BNSS [old S.41D CrPC] entitles an arrested person to meet an advocate of his choice during interrogation, though not throughout the interrogation.
Which provision of the BNSS, 2023 deals with grant of anticipatory bail (direction for release in anticipation of arrest for a non-bailable offence)?
aSection 478
bSection 480
cSection 483
dSection 482
Answer: D
Section 482 BNSS [old S.438 CrPC] empowers the High Court or Court of Session to direct that a person apprehending arrest for a non-bailable offence be released on bail in the event of arrest.
Under the BNSS, 2023, a person may report a cognizable offence by electronic communication ('e-FIR'). Which requirement follows such electronic registration?
aIt shall be taken on record only if the informant signs it within three days of registration
bThe information takes effect immediately and no further step by the informant is required
cIt must be converted into a written complaint before a Magistrate within 24 hours
dThe officer must obtain prior approval of the Superintendent of Police before recording it
Answer: A
Under the first proviso to Section 173(1) BNSS [old S.154 CrPC], information given by electronic communication shall be taken on record only when it is signed by the person giving it within three days.
A new feature of Section 173 BNSS is an optional preliminary inquiry. For which offences may the officer in charge, with prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary inquiry within 14 days to ascertain whether a prima facie case exists?
aAll cognizable offences without exception
bOffences made cognizable and punishable for 3 years or more but less than 7 years
cOffences punishable with death or imprisonment for life
dOnly offences against the State under the BNS
Answer: B
Section 173(3) BNSS [new; no CrPC equivalent] permits a preliminary inquiry (with DSP-rank permission) within 14 days for cognizable offences punishable with 3 years or more but less than 7 years to ascertain a prima facie case.
'Zero FIR' — registration of an FIR irrespective of the area where the offence was committed — is now statutorily recognised under the BNSS. After registering a Zero FIR, what must the police station do?
aInvestigate the case itself regardless of jurisdiction
bRefuse to act and direct the informant to the correct police station
cForward the FIR to the police station having jurisdiction (territorial transfer)
dWait for the Magistrate's direction before any transfer
Answer: C
Section 173(1) BNSS now allows FIR registration 'irrespective of the area' (Zero FIR); the case is then transferred/forwarded to the police station having territorial jurisdiction for investigation.
Where information about specified sexual offences is given by a victim who is temporarily or permanently mentally or physically disabled, Section 173 BNSS requires a special mode of recording. Which is correct?
aRecording by any available constable at the spot
bRecording only after a medical board certifies the disability
cRecording postponed until a woman Magistrate is available
dRecording at the residence of the victim or a convenient place, in the presence of an interpreter or special educator, and videographed
Answer: D
The proviso to Section 173(1) BNSS [old S.154 CrPC proviso] requires such information from a disabled victim of specified offences to be recorded at the victim's residence/convenient place in presence of an interpreter/special educator and to be videographed.
The BNSS prescribes an outer timeline for investigation of certain serious offences against women. Within what period must investigation in respect of offences under Sections 64 to 71 BNS (rape, etc.) be completed?
aTwo months from the date of recording the information
b60 days from the date of FIR
c90 days, extendable by the court
dThere is no statutory outer limit
Answer: A
Section 193(3) read with its proviso, BNSS [old S.173 CrPC], requires investigation for offences under Sections 64–71 BNS to be completed within two months from the date of recording the information.
Section 193 BNSS introduces a duty to keep the informant/victim informed of investigation progress. Within what period and by what mode must the police inform the informant or victim about the progress of the investigation?
aWithin 90 days, by registered post only
bWithin 90 days, including through electronic communication
cWithin 30 days, in person only
dOnly upon the informant's written request
Answer: B
Section 193(3)(ii) BNSS [new] requires the police to inform the informant or victim about the progress of investigation within ninety days, including by electronic communication.
In a non-cognizable case, an officer in charge of a police station shall not investigate under the BNSS without:
aThe written consent of the accused
bThe sanction of the District Magistrate
cThe order of a Magistrate having power to try such case or commit it for trial
dPermission of the Superintendent of Police
Answer: C
Section 174(2) BNSS [old S.155(2) CrPC] bars investigation of a non-cognizable case without the order of a Magistrate having power to try the case or commit it for trial.
The landmark judgment mandating compulsory registration of an FIR upon receipt of information disclosing a cognizable offence — substantially reflected in the preliminary-inquiry scheme of Section 173 BNSS — is:
aJoginder Kumar v. State of U.P. (1994)
bD.K. Basu v. State of West Bengal (1997)
cState of Haryana v. Bhajan Lal (1992)
dLalita Kumari v. Government of U.P. (2014)
Answer: D
Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1 held FIR registration mandatory where information discloses a cognizable offence, permitting preliminary inquiry only in limited categories — now reflected in Section 173(3) BNSS.
In a warrant trial instituted on a police report, after the accused appears, the Magistrate finds the charge groundless on consideration of the police report, documents under Section 193 BNSS and after examination of the accused. What is the proper course of action?
aDischarge the accused under Section 262 BNSS
bAcquit the accused under Section 250 BNSS
cFrame the charge and proceed to trial
dPostpone the matter to record prosecution evidence first
Answer: A
In a warrant case on a police report, if the charge is groundless the Magistrate discharges the accused under Section 262 BNSS [old S.239 CrPC], recording reasons; acquittal under S.250 applies only at the post-charge no-case stage in sessions trials.
Plea bargaining under Chapter XXIII of the BNSS, 2023 is NOT available in which of the following situations?
aOffence punishable with imprisonment up to five years
bOffence affecting the socio-economic condition of the country as notified by the Central Government
cOffence punishable with imprisonment of two years
dOffence where the accused has no previous conviction for the same offence
Answer: B
Section 289 BNSS [old S.265A CrPC] bars plea bargaining for offences affecting the socio-economic condition of the country (as notified), offences against women/children below 14, and offences punishable with death, life imprisonment, or imprisonment exceeding seven years.
Under the BNSS, 2023, in which trial is it NOT necessary to frame a formal charge, the substance of the accusation being merely stated to the accused?
aSessions trial
bWarrant trial on a police report
cSummons trial
dWarrant trial otherwise than on a police report
Answer: C
In a summons-case trial under Section 274 BNSS [old S.251 CrPC], no formal charge is framed; the particulars of the offence are merely stated to the accused and his plea recorded.
A Court of Session takes cognizance of an offence triable exclusively by it. The trial may be conducted only by the Sessions Judge or Additional Sessions Judge because, under the BNSS, the Court of Session generally cannot take cognizance directly. What is the key exception?
aWhen the offence is punishable with death
bWhere the case has been committed to it by a Magistrate under Section 232 BNSS
cWhen the Public Prosecutor files a written request
dExpress provision in the BNSS or any other law permitting direct cognizance
Answer: D
Under Section 213 BNSS [old S.193 CrPC], the Court of Session cannot take cognizance as a court of original jurisdiction unless the case is committed to it by a Magistrate, except as otherwise expressly provided by the BNSS or any other law.
In a sessions trial under the BNSS, upon consideration of the record, documents and submissions of the accused and prosecution, the Judge considers there is not sufficient ground for proceeding against the accused before any charge is framed. The Judge must:
aDischarge the accused under Section 250 BNSS, recording reasons
bAcquit the accused under Section 250 BNSS
cAcquit the accused under Section 258 BNSS
dFrame the charge and proceed to trial
Answer: A
Section 250 BNSS [old S.227 CrPC] empowers the Sessions Judge, before framing the charge, to discharge (not acquit) the accused for reasons to be recorded if there is not sufficient ground for proceeding; acquittal under S.258 comes only after evidence.
Under the BNSS, 2023, an application for plea bargaining must be filed by:
aThe Public Prosecutor on behalf of the State
bThe accused, accompanied by an affidavit
cThe complainant with the consent of the victim
dThe court suo motu after framing the charge
Answer: B
Under Section 290 BNSS [old S.265B CrPC], the accused must file the application for plea bargaining in the court where the offence is pending, accompanied by an affidavit stating it is voluntary and that he has no prior conviction for the same offence.
Where a mutually satisfactory disposition is worked out in plea bargaining and the court sentences the accused, what is the position regarding the sentence imposed under the BNSS?
aThe court must impose the maximum punishment provided for the offence
bThe court may release on probation or, where a minimum sentence is provided, impose half of that minimum
cWhere no minimum is fixed, the court may award one-fourth of the punishment provided
dNo sentence can be imposed; only compensation is ordered
Answer: C
Under Section 292 BNSS [old S.265E CrPC], where a minimum sentence is provided the court may award half of it; where no minimum is provided, the court may award one-fourth of the punishment provided for the offence (besides probation/Section 401 options).
In a warrant case instituted otherwise than on a police report, the BNSS requires the Magistrate to frame a charge if, upon taking all the evidence under Section 266 and examining the accused, he is of opinion that there is ground for presuming the accused has committed the offence. This is provided in:
aSection 262 BNSS
bSection 264 BNSS
cSection 274 BNSS
dSection 268 BNSS
Answer: D
Section 268 BNSS [old S.246 CrPC] governs framing of charge in warrant cases instituted otherwise than on a police report, after the prosecution evidence is recorded.
Q25BNSS new features (forensics, trial in absentia, summary trial, timelines)
Under the BNSS, 2023, compulsory visit of a forensic expert to the scene of crime to collect forensic evidence is mandated for offences punishable with imprisonment of:
aseven years or more
bfive years or more
cthree years or more
dten years or more
Answer: A
Section 176(3) BNSS [new; no direct CrPC equivalent] makes forensic investigation and the visit of a forensic expert to the crime scene mandatory where the offence is punishable with imprisonment of seven years or more.
Q26BNSS new features (forensics, trial in absentia, summary trial, timelines)
Section 176(3) BNSS contains a transitional proviso regarding forensic facilities. Until a State has the requisite forensic facility, it may, for collection of forensic evidence:
adispense with forensic investigation entirely for such offences
butilise the forensic facility of another State notified by the State Government
crely solely on the investigating officer's photographs
dtransfer the case to a CBI special court
Answer: B
The proviso to Section 176(3) BNSS permits a State, until it develops the facility, to utilise such facility of any other State as notified by the State Government, ensuring forensic collection is not stalled.
Q27BNSS new features (forensics, trial in absentia, summary trial, timelines)
A proclaimed offender has absconded and there is no immediate prospect of arresting him. Under the BNSS, 2023, the provision newly enabling the Court to proceed with trial in his absence and pronounce judgment (trial in absentia) is:
aSection 84 BNSS
bSection 105 BNSS
cSection 356 BNSS
dSection 355 BNSS
Answer: C
Section 356 BNSS [new; no CrPC equivalent] introduces trial in absentia of a proclaimed offender who has absconded to evade trial and where there is no immediate prospect of arrest. Section 355 [old s.317 CrPC] deals with the different situation of dispensing with personal attendance of an accused who is present and represented.
Q28BNSS new features (forensics, trial in absentia, summary trial, timelines)
For a trial in absentia of an absconding proclaimed offender under Section 356 BNSS to commence, the Court must wait, after framing of charge, for a period of:
athirty days
bsixty days
cone hundred and eighty days
dninety days
Answer: D
Section 356(1) BNSS requires that the proclaimed offender, after framing of charge, be given ninety days before the Court proceeds with the trial in his absence in the same manner as if he were present.
Q29BNSS new features (forensics, trial in absentia, summary trial, timelines)
Where an accused has been tried in absentia under Section 356 BNSS and is later arrested, his right to appeal against the judgment is safeguarded by allowing him to file an appeal within:
athe period of limitation as if the period of his absence is excluded
bthree years from the date of judgment, without limitation bar
cthirty days from arrest
dninety days from the date of judgment
Answer: A
Section 356(7) BNSS provides that where a person tried in absentia is arrested after the trial, he may appeal and the period during which he was absent shall be excluded in computing limitation, protecting his appellate remedy.
Q30BNSS new features (forensics, trial in absentia, summary trial, timelines)
Under Section 356 BNSS, if the proclaimed offender absconding has no advocate to represent him in the trial in absentia, the Court shall:
astay the trial until he engages counsel
bprovide an advocate at State expense from the Legal Services Authority
cproceed without any defence representation
dappoint the Public Prosecutor to act for both sides
Answer: B
Section 356(5) BNSS requires that where such person has not engaged an advocate for the purpose of the trial, the Court shall provide an advocate at the expense of the State from the Legal Services Authority.
Under the BNSS, 2023, a judgment in a trial before a Court of Session or a Magistrate, where the accused is in custody, must ordinarily be delivered within a specified period after conclusion of arguments. What is that outer limit prescribed for pronouncement of judgment?
aWithin 45 days, extendable to 60 days for reasons recorded
bWithin 60 days, with no provision for extension
cWithin 30 days, extendable to 45 days for reasons recorded
dWithin 90 days, extendable to 120 days for reasons recorded
Answer: C
Section 392(1) BNSS [old S.353 CrPC] now requires the judgment to be pronounced within 30 days of conclusion of arguments, extendable to 45 days for special reasons recorded in writing — a new statutory timeline introduced by BNSS.
A Magistrate convicts an accused and wishes to award an imprisonment that exceeds the limit of punishment the Magistrate is competent to inflict. Under the BNSS, 2023, what is the correct course?
aThe Magistrate may pass the higher sentence with prior sanction of the District Magistrate
bThe Magistrate must acquit and refer the matter to the Sessions Court
cThe Magistrate may impose only the maximum sentence within his own competence and cannot enhance it
dThe Magistrate records the conviction and forwards the accused to the Chief Judicial Magistrate to whom the case is then submitted
Answer: D
Section 364 BNSS [old S.325 CrPC] allows a Magistrate who is of opinion that the accused deserves a heavier punishment than he can inflict to record his opinion and submit the proceedings to the Chief Judicial Magistrate to whom he is subordinate.
In a case of conviction on several counts at one trial, where the court sentences the accused to imprisonment on more than one offence, the BNSS provides that the sentences shall ordinarily run consecutively unless the court directs otherwise. Which provision governs this, and what is the position regarding the aggregate term before a single Magistrate?
aSection 25 BNSS; aggregate cannot exceed twice the Magistrate's ordinary sentencing power
bSection 23 BNSS; the aggregate is unlimited
cSection 31 BNSS; aggregate cannot exceed 7 years in any case
dSection 25 BNSS; the aggregate must always run concurrently
Answer: A
Section 25 BNSS [old S.31 CrPC] permits consecutive sentences on multiple convictions but caps the aggregate term passed by a single Magistrate at twice the amount of punishment he is competent to inflict in the exercise of his ordinary jurisdiction.
When a Court of Session passes a sentence of death, the BNSS requires that the proceedings be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court. This procedure of confirmation is governed by which provision of the BNSS?
aSection 379 BNSS
bSection 407 BNSS
cSection 393 BNSS
dSection 366 BNSS
Answer: B
Section 407 BNSS [old S.366 CrPC] requires the Court of Session, on passing a death sentence, to submit the proceedings to the High Court, and the sentence cannot be executed until confirmed by the High Court.
An accused is convicted by a Magistrate of the first class and sentenced to a fine not exceeding a certain amount only, with no imprisonment. The BNSS bars an appeal in such 'petty' sentence cases. Below what fine amount imposed by a Magistrate of the first class is the conviction non-appealable?
aFine not exceeding one hundred rupees
bFine not exceeding five hundred rupees
cFine not exceeding one thousand rupees
dFine not exceeding two hundred rupees
Answer: C
Section 418 BNSS [old S.376 CrPC] makes no appeal lie where a Magistrate of the first class passes a sentence of fine not exceeding one thousand rupees only (the limit for a second class Magistrate being two hundred rupees).
The BNSS, 2023, introduced a provision expressly permitting an appeal against an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence, filed by the victim or the complainant in certain situations. Which statement most accurately reflects the BNSS scheme on a victim's right to appeal?
aThe victim has no independent right of appeal; only the State may appeal an acquittal
bThe victim may appeal only with the special leave of the High Court in every case
cThe victim's right to appeal is limited to enhancement of sentence and cannot touch acquittals
dThe victim has a right to appeal against an order of acquittal, conviction for a lesser offence, or imposition of inadequate compensation, without leave of the court
Answer: D
The proviso to Section 413 BNSS [old proviso to S.372 CrPC] confers on the victim a right to prefer an appeal against any order acquitting the accused, convicting for a lesser offence, or imposing inadequate compensation, as a matter of right (no separate leave required), to the court to which appeal ordinarily lies.
Under the BNSS, 2023, a Magistrate of the first class may take cognizance of an offence in all the following ways EXCEPT:
aUpon a mere request from the Director of Prosecution without any complaint, police report or information
bUpon receiving a complaint of facts which constitute such offence
cUpon a police report of such facts
dUpon information received from any person other than a police officer, or upon his own knowledge
Answer: A
Section 210(1) BNSS (old s.190 CrPC) lists exactly three modes of taking cognizance: on a complaint, on a police report, and on information/own knowledge. A bare request by the Director of Prosecution is not a recognised mode.
A new safeguard introduced by Section 223 BNSS, 2023 (corresponding to s.200 CrPC) at the stage of cognizance on a complaint is that:
aThe complaint must compulsorily be in writing and signed by two witnesses
bNo cognizance shall be taken on a complaint without giving the accused an opportunity of being heard
cThe complainant need not be examined on oath if the complaint is supported by an affidavit
dThe Magistrate must record his reasons before taking cognizance in every case
Answer: B
The proviso to Section 223(1) BNSS newly mandates that no cognizance of an offence shall be taken without giving the accused an opportunity of being heard, a requirement absent from s.200 CrPC. The Magistrate still examines the complainant and witnesses on oath.
Under Section 223 BNSS, when a Magistrate takes cognizance on a complaint, examination of the complainant and witnesses on oath is NOT required if:
aThe complaint is made by a private individual against a stranger
bThe accused is residing beyond the local jurisdiction of the Magistrate
cThe complaint is made in writing by a public servant acting in the discharge of his official duties, or by a Court
dThe offence complained of is a non-cognizable offence
Answer: C
The first proviso (clause a) to Section 223 BNSS (old s.200 CrPC proviso) dispenses with examination of the complainant and witnesses where the complaint is made in writing by a public servant in discharge of official duties or by a Court.
When a complaint is filed against a public servant for an offence alleged to be committed in the course of discharge of official functions, Section 223 BNSS, 2023 requires the Magistrate, before taking cognizance, to:
aImmediately issue summons to the public servant without any inquiry
bForward the complaint to the State Government for sanction in every case
cRefer the matter compulsorily to the police for registration of an FIR
dReceive a report from the officer superior to such public servant on the alleged incident, and give the public servant an opportunity to be heard
Answer: D
The second proviso to Section 223(1) BNSS adds a public-servant-specific safeguard: the Magistrate must obtain a report from the superior officer about the facts and circumstances of the incident and give the public servant an opportunity of being heard before taking cognizance.
Under Section 225 BNSS, 2023 (postponement of issue of process), a Magistrate who has taken cognizance of an offence may postpone the issue of process and inquire into the case himself or direct an investigation. Which restriction applies?
aWhere the offence is triable exclusively by the Court of Session, he shall not direct an investigation by a police officer but may inquire into the case himself
bHe may direct a police investigation even where the offence is triable exclusively by the Court of Session
cHe must in all cases dismiss the complaint if not satisfied within 30 days
dHe may direct investigation only if the complainant deposits security for costs
Answer: A
The proviso to Section 225 BNSS (old s.202 CrPC) bars directing a police investigation where the offence is triable exclusively by the Court of Session; the Magistrate may instead inquire into the case himself. It also bars investigation where the complainant/witnesses have not been examined where required.
Under the BNSS, 2023, an order for maintenance of wife, children and parents is governed by which section, and what is the position as to the ceiling on the monthly allowance compared to the old Code?
aSection 125 BNSS; the old ceiling of Rs.500 per month is retained
bSection 144 BNSS; there is no statutory upper ceiling on the monthly allowance
cSection 163 BNSS; the magistrate may award only interim maintenance
dSection 144 BNSS; a fresh ceiling of Rs.10,000 per month is prescribed
Answer: B
Maintenance of wife, children and parents is now under Section 144 BNSS [old S.125 CrPC]; as under the amended CrPC, there is no statutory monetary ceiling on the monthly allowance the magistrate may order.
A Judicial Magistrate of the first class passes a maintenance order under Section 144 BNSS in favour of a deserted wife. The husband neglects to comply without sufficient cause. What coercive consequence can the magistrate impose for each breach?
aImprison the husband for a fixed term of one year irrespective of arrears
bDirect attachment of property only, with no power to imprison
cIssue a warrant for levying the amount and, for non-payment after execution, sentence to imprisonment which may extend to one month for each month's default
dRefer the matter to a civil court for execution of the decree
Answer: C
Section 144(3) BNSS [old S.125(3) CrPC] allows the magistrate to issue a warrant to levy the amount and, on continued non-payment, to imprison for a term up to one month for each month's default.
Under Section 144 BNSS, in which of the following situations is a wife NOT entitled to receive an allowance for maintenance from her husband?
aWhere she is unable to maintain herself and the husband neglects her
bWhere she is living separately because the husband has married another woman
cWhere the husband keeps a mistress in the matrimonial home
dWhere she is living in adultery, or without sufficient reason refuses to live with her husband, or they are living separately by mutual consent
Answer: D
Section 144(4) BNSS [old S.125(4) CrPC] bars maintenance where the wife is living in adultery, or without sufficient reason refuses to live with the husband, or they live separately by mutual consent.
X, a Hindu husband, divorces his wife. After the divorce she remains unmarried and is unable to maintain herself. With respect to her claim under Section 144 BNSS, which statement is correct?
aThe Explanation to Section 144 expressly includes a divorced woman (not remarried) within the meaning of 'wife', so she may claim
bA divorced wife ceases to be a 'wife' and cannot claim maintenance under this section at all
cShe can claim only if the husband consents in writing
dShe can claim only interim maintenance, never a final order
Answer: A
The Explanation to Section 144(1) BNSS [old S.125 CrPC] defines 'wife' to include a divorced woman who has not remarried, entitling her to claim maintenance.
An applicant seeks maintenance under Section 144 BNSS. As to the place where the proceeding may be initiated, the application may be filed in the district where the person against whom it is sought:
aResides only
bIs, or where he or his wife resides, or where he last resided with his wife or the mother of the illegitimate child
cWas last married only
dHolds immovable property
Answer: B
Section 145 BNSS [old S.126 CrPC] lays the territorial jurisdiction: where the person is, or where he or his wife resides, or where he last resided with his wife (or the mother of the illegitimate child).
A Judicial Magistrate of the first class convicts the accused and imposes a fine. In default of payment of the fine, what is the maximum term of imprisonment in default that this Magistrate may award where imprisonment has also been awarded as part of the substantive sentence?
aOne-half of the term of imprisonment the Magistrate is competent to inflict for the offence
bThe full term of imprisonment the Magistrate is competent to inflict for the offence
cOne-fourth of the term of imprisonment the Magistrate is competent to inflict for the offence
dThree months irrespective of the substantive sentence
Answer: C
Under the proviso to Section 24(1) BNSS [old S.30 CrPC], where imprisonment forms part of the substantive sentence, the default imprisonment shall not exceed one-fourth of the term the Magistrate is competent to inflict, and in any event must be within the Magistrate's powers under Section 23.
An accused is convicted at one trial of several distinct offences and the court orders the sentences to run consecutively, the aggregate exceeding the punishment the court can inflict for a single offence. Which limitation applies?
aThe offender must be sent for trial to a higher court because the aggregate exceeds single-offence power
bThe aggregate may extend up to twenty years but not life imprisonment
cConsecutive sentences are impermissible; all sentences must run concurrently
dIn no case shall the person be sentenced to imprisonment for a period longer than fourteen years
Answer: D
Section 25(2) BNSS [old S.31 CrPC] permits consecutive sentences without committing to a higher court, but the proviso caps the aggregate at fourteen years' imprisonment and at twice the punishment the court can inflict for a single offence.
A Chief Judicial Magistrate convicts an accused of an offence. Which of the following sentences may the CJM lawfully pass?
aImprisonment for a term of seven years
bImprisonment for life
cImprisonment for a term of ten years
dSentence of death
Answer: A
Under Section 23(1) BNSS [old S.29 CrPC], a CJM may pass any sentence authorised by law except death, imprisonment for life, or imprisonment exceeding seven years; thus a seven-year term is within the CJM's power but ten years is not.
Under BNSS, 2023, what is the maximum fine that a Court of a Judicial Magistrate of the first class may impose?
aTen thousand rupees
bFifty thousand rupees
cTwenty-five thousand rupees
dOne lakh rupees
Answer: B
Section 23(2) BNSS [old S.29(2) CrPC] empowers a JMFC to impose imprisonment up to three years or a fine not exceeding fifty thousand rupees, or both (raised from the earlier ten thousand rupee limit).
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