Criminal Procedure (BNSS, 2023) Test 2 — Questions & Solutions
Every question from this subject test with the correct answer and a detailed, source-backed solution. Free to read. Want the real exam feel — a timer, instant scoring, and a topic-wise weakness report? Take it as a test.
50
Questions
8
Topics
+ solutions
Every question
Take this as a timed mock test — instant score + subject-wise analytics. First mock free, then ₹999/year for unlimited.
Z, a first-time offender with no previous conviction, is an undertrial who has undergone detention for one-third of the maximum period of imprisonment specified for the offence (not punishable with death or life imprisonment). Under Section 479 of the BNSS, 2023:
aHe shall be released by the Court on bond
bHe must continue in custody until the trial concludes
cHe becomes entitled only after serving one-half of the maximum sentence
dHe can be released only by the High Court
Answer: A
The first proviso to Section 479(1) BNSS [old S.436A CrPC] provides that a first-time offender (never convicted before) shall be released on bond by the Court after undergoing detention up to one-third of the maximum period of imprisonment for that offence.
An undertrial seeks release under Section 479 of the BNSS, 2023 on having undergone half the maximum sentence. However, investigation, inquiry or trial in more than one offence (multiple cases) is pending against him. The Court must:
aRelease him as the half-period requirement is met
bNot release him on bail under this section
cRelease him only on cash security
dRefer the matter to the High Court for directions
Answer: B
The proviso to Section 479(1) BNSS expressly bars release under this section where investigation, inquiry or trial in more than one offence or multiple cases are pending against the person.
A is arrested without warrant for an offence which is not non-bailable (i.e., a bailable offence). Under the BNSS, 2023, the arresting officer is obliged to:
aKeep silent about bail and let A apply to the Magistrate
bRelease A only after recording his confession
cInform A that he is entitled to be released on bail and may arrange sureties
dProduce A before the Magistrate before any mention of bail
Answer: C
Section 47 BNSS [old S.50 CrPC] requires that a person arrested without warrant for an offence other than a non-bailable one be informed of the grounds of arrest and of his entitlement to be released on bail and to arrange sureties.
Under the BNSS, 2023, anticipatory bail under Section 482 is statutorily NOT available to a person accused of which of the following?
aAny offence punishable with imprisonment exceeding seven years
bAny non-bailable offence whatsoever
cAny offence triable by the Court of Session
dAn offence under Section 65 BNS (rape of a woman under sixteen years) or Section 70(2) BNS (gang rape of a woman under eighteen years)
Answer: D
Section 482(4) BNSS bars anticipatory bail for offences under Section 65 BNS (rape of a girl below sixteen) and Section 70(2) BNS (gang rape of a girl below eighteen). This mirrors the bar formerly inserted in S.438(4) CrPC.
Which provision of the BNSS, 2023 empowers a Court to require an accused who is released on bail to execute a bond to appear before the higher (appellate) court, when the higher court issues notice on an appeal or petition filed against the judgment?
aSection 481
bSection 478
cSection 480
dSection 483
Answer: A
Section 481 BNSS [old S.437A CrPC] obliges the trial/appellate court, before conclusion, to require the accused to execute bail bonds with sureties to appear before the higher court as and when such court issues notice on any appeal or petition against the judgment.
Under Section 35 of the BNSS, 2023, a police officer may arrest without warrant a person against whom a reasonable complaint exists of having committed a cognizable offence punishable with imprisonment exceeding seven years or with death, provided:
aThe Magistrate has first authorised the arrest in writing
bThe police officer is satisfied that such arrest is necessary, on credible information or reasonable suspicion, and records reasons
cThe arrest is made only between sunrise and sunset
dThe accused has refused to furnish sureties
Answer: B
Section 35(1)(b) BNSS [old S.41(1)(ba) CrPC] permits warrantless arrest for cognizable offences punishable with more than seven years or death on credible information/reasonable suspicion, the officer recording reasons in writing for making (or not making) the arrest under Section 35(5).
Which section of the BNSS, 2023 governs the grant of bail in non-bailable offences and lays down that a person shall not ordinarily be so released if there appear reasonable grounds for believing he is guilty of an offence punishable with death or imprisonment for life?
aSection 478
bSection 482
cSection 480
dSection 484
Answer: C
Section 480 BNSS [old S.437 CrPC] deals with bail in non-bailable offences and bars release where there appear reasonable grounds to believe the accused is guilty of an offence punishable with death or imprisonment for life, subject to provisos (women, minors, sick/infirm persons).
Under the BNSS, 2023, a police officer arresting a woman as a general rule cannot do so after sunset and before sunrise. Which statement correctly captures the legal position regarding arrest of a woman during night hours?
aA woman can never be arrested at night under any circumstances.
bA woman may be arrested at night only by a male officer accompanied by an armed escort.
cA woman may be arrested at night freely if the offence is cognizable.
dIn exceptional circumstances a woman may be arrested at night by a woman police officer after obtaining prior written permission of the Judicial Magistrate First Class of the local jurisdiction.
Answer: D
Section 43(5) BNSS [old s.46(4) CrPC] bars arrest of a woman after sunset and before sunrise except in exceptional circumstances, where a woman police officer must obtain the prior permission, by making a written report, of the Judicial Magistrate First Class within whose jurisdiction the offence is committed.
A significant new safeguard in Section 175(3) BNSS requires that before a Magistrate orders investigation on an application under that sub-section, he must:
aConsider an affidavit-supported application and the police officer's submission on refusal to register the FIR, and may make an inquiry
bRecord the statement of the accused on oath
cObtain the State Government's prior sanction
dPersonally visit the scene of the offence
Answer: A
Section 175(3) BNSS [old S.156(3) CrPC] now mandates that the Magistrate, on an affidavit-supported application made after the complainant approached the SP, consider the police officer's submission about refusal to register and may conduct such inquiry as necessary before ordering investigation.
A new mandatory forensic-investigation requirement is introduced by the BNSS. For which offences must a forensic expert visit the crime scene to collect forensic evidence and videograph the process?
aAll cognizable offences
bOffences punishable with imprisonment of seven years or more
cOnly offences punishable with death
dOffences against women and children only
Answer: B
Section 176(3) BNSS [new] makes it mandatory, for offences punishable with seven years' imprisonment or more, for a forensic expert to visit the crime scene to collect forensic evidence and videograph the process.
Regarding statements recorded by police from witnesses during investigation under Section 180 BNSS, which is correct?
aSuch statements must be signed by the person making them
bSuch statements are substantive evidence at trial
cSuch statements may be recorded by audio-video electronic means, and need not be signed
dSuch statements can only be recorded in the presence of a Magistrate
Answer: C
Section 180 BNSS [old S.161 CrPC] permits recording of witness statements by audio-video electronic means; statements under this section are not signed and are not substantive evidence.
A statement of a victim of specified sexual offences recorded by a Magistrate under Section 183 BNSS must be recorded, as far as practicable, by:
aAny Judicial or Executive Magistrate
bThe Sessions Judge personally
cA police officer of the rank of Inspector
dA woman Magistrate
Answer: D
The proviso to Section 183(6)(a) BNSS [old S.164(5A) CrPC] requires that the statement of a victim of specified offences (e.g., Sections 64–71 BNS) be recorded by a woman Magistrate as far as practicable.
Under Section 187 BNSS (detention of accused beyond 24 hours), how may the 15 days of police custody be sought for a serious offence under the BNSS scheme, departing from the CrPC's strict rule?
aIn whole or in parts during the initial forty or sixty days of the detention period
bOnly within the first 15 days from arrest, as under the CrPC
cAnytime during the entire ninety-day period without limit
dPolice custody is abolished under the BNSS
Answer: A
Section 187(3) BNSS [old S.167 CrPC] allows the 15 days' police custody to be sought in whole or parts during the initial 40 or 60 days of the total 60/90-day detention period, departing from the strict first-15-days rule.
The BNSS introduces a new power to attach proceeds of crime during investigation. Under Section 107 BNSS, an application for attachment of property identified as proceeds of crime is made to the:
aDirector of Enforcement
bCourt or Magistrate, who may order such attachment
cHigh Court only
dCollector of the District
Answer: B
Section 107 BNSS [new] empowers a police officer (with SP/Commissioner approval) to apply to the Court/Magistrate for attachment of property that is proceeds of crime; the court may order such attachment.
If a Magistrate proposes to accept a 'closure' (final) report and drop proceedings, settled law (relevant to police reports under Section 193 BNSS) requires that:
aThe informant has no right to be heard at all
bOnly the accused must be heard
cNotice must be issued to the informant/first informant before accepting the closure report
dThe report is automatically accepted without any hearing
Answer: C
Per Bhagwant Singh v. Commissioner of Police, (1985) 2 SCC 537, the Magistrate must give notice to the informant before accepting a final/closure report — a principle applicable to police reports under Section 193 BNSS [old S.173 CrPC].
Under the BNSS, 2023, information about a cognizable offence is given to an officer in charge of a police station by electronic communication. Which of the following correctly states the legal position?
aElectronic information is invalid and the informant must always appear in person to lodge an FIR
bElectronic information can be acted upon only with the prior permission of the Magistrate
cElectronic information must be converted to a written complaint and re-verified within twenty-four hours
dSuch information shall be taken on record only if it is signed by the person giving it within three days
Answer: D
The first proviso to Section 173(1) BNSS [old Section 154 CrPC] provides that information given by electronic communication shall be taken on record on being signed by the person giving it within three days. This statutorily recognises the e-FIR.
An accused is charged with theft (a warrant offence) but the evidence proves only criminal breach of trust. Under the BNSS provisions on alteration/effect of errors in charge, the conviction:
aMay be sustained unless the error has in fact occasioned a failure of justice
bIs automatically void for variance between charge and proof
cIs valid only if the accused expressly consented to the change
dRequires a fresh trial in every case of variance
Answer: A
Section 240 BNSS [old S.215 CrPC] provides that no error or omission in the charge is material unless the accused was misled and it occasioned a failure of justice; an immaterial error does not vitiate the conviction.
Under the BNSS, 2023, a person accused of more offences than one of the same kind committed within the space of twelve months may be charged with and tried at one trial for how many such offences at most?
aThree offences
bFive offences
cFour offences
dNo numerical limit
Answer: B
Section 242 BNSS [old S.219 CrPC] permits a single trial for up to five offences of the same kind committed within a period of twelve months from the first to the last such offence.
In a summons case, the complainant fails to appear on the day fixed for hearing and the offence is compoundable and non-cognizable. Under the BNSS, the Magistrate may:
aCompulsorily convict the accused in absentia of the complainant
bDischarge the accused only with the consent of the prosecutor
cAcquit the accused, unless he thinks proper to adjourn the hearing
dIssue a warrant against the complainant
Answer: C
Section 279 BNSS [old S.256 CrPC] provides that on non-appearance of the complainant in a summons case, the Magistrate shall acquit the accused unless he, for reasons recorded, adjourns the hearing.
Under the BNSS, 2023, in a warrant case instituted on a police report, after framing the charge and the accused pleads not guilty, the BNSS now mandates that the charge shall be framed within a specified period from the date of first hearing on the charge. That period is:
a30 days
b90 days
c45 days
d60 days
Answer: D
Section 263(1) BNSS introduces a new timeline requiring the charge in warrant cases on a police report to be framed within sixty days from the date of first hearing on charge, a fresh feature not in the old S.240 CrPC.
Which statement about the report of the mutually satisfactory disposition in plea bargaining under the BNSS is correct?
aWhere worked out, the court prepares a report signed by the presiding officer and the parties to the meeting
bIt is prepared solely by the Public Prosecutor and is binding on the court
cThe judgment delivered on it is appealable like an ordinary conviction
dThe disposition can be reached without the participation of the victim in any case
Answer: A
Under Section 291 BNSS [old S.265C/265D CrPC], where a satisfactory disposition is worked out the court prepares a report signed by the presiding officer and the parties; the resulting judgment is final and non-appealable (save constitutional remedies) under Section 295.
An accused on plea of guilty in a sessions trial may be convicted by the Judge in his discretion. Under the BNSS, this power of the Sessions Judge to convict on a plea of guilty is found in:
aSection 250 BNSS
bSection 251 BNSS
cSection 248 BNSS
dSection 258 BNSS
Answer: B
Section 251 BNSS [old S.229 CrPC] empowers the Sessions Judge, where the accused pleads guilty after the charge is read and explained, to record the plea and in his discretion convict him thereon.
Regarding the joinder of charges, under the BNSS if a single act or series of acts is of such a nature that it is doubtful which of several offences the facts will constitute, the accused:
aCan be charged with only one offence at a time and tried separately
bMust be discharged until the prosecution elects a single offence
cMay be charged with all or any of such offences in the alternative, and any number tried at once
dCan be charged only with the most serious of the possible offences
Answer: C
Section 245 BNSS [old S.221 CrPC] provides that where it is doubtful which offence the facts constitute, the accused may be charged with all or any of such offences, or in the alternative, and may be convicted of the offence shown to have been committed though not charged.
Under the BNSS, 2023, an offence is triable as a 'summons-case' or a 'warrant-case' depending on the punishment prescribed. A 'warrant-case' is defined as a case relating to an offence punishable with:
aimprisonment for a term exceeding one year
bimprisonment for a term exceeding three years or fine exceeding fifty thousand rupees
cimprisonment for a term not exceeding two years
ddeath, imprisonment for life, or imprisonment for a term exceeding two years
Answer: D
Section 2(1)(z) BNSS [old s.2(x) CrPC] defines 'warrant-case' as one relating to an offence punishable with death, imprisonment for life, or imprisonment exceeding two years; a 'summons-case' is everything else.
Q25BNSS new features (forensics, trial in absentia, summary trial, timelines)
A Magistrate of the first class is empowered under the BNSS, 2023 to try certain offences summarily. Summary trial is now made MANDATORY (the Magistrate 'shall' try summarily) for petty offences punishable with imprisonment up to:
athree years
bone year
ctwo years
dfive years
Answer: A
Section 283 BNSS [old s.260 CrPC] makes summary trial mandatory for offences not punishable with death, life imprisonment, or imprisonment exceeding three years (CrPC kept this discretionary), expanding the summary-trial regime.
Q27BNSS new features (forensics, trial in absentia, summary trial, timelines)
A new feature of the BNSS, 2023 is the use of audio-video electronic means for various stages of the criminal process. The recording of search and seizure proceedings and preparation of the list of seized items must now be:
adone only in writing before two witnesses
bvideographed only in offences punishable with death
caudio-video recorded, preferably on a mobile phone, by the police officer
drecorded solely by an independent magistrate
Answer: C
Section 105 BNSS [new] mandates that the conduct of search and seizure, including preparation of the list of seized articles and signing by witnesses, be recorded through audio-video electronic means, preferably a mobile phone, and forwarded to the Magistrate.
Q28BNSS new features (forensics, trial in absentia, summary trial, timelines)
To curb delay, the BNSS, 2023 fixes an outer limit for pronouncing judgment after completion of arguments. The judgment must ordinarily be pronounced within ____ of completion of arguments, extendable to ____ for reasons recorded:
a45 days, extendable to 60 days
b15 days, extendable to 30 days
c60 days, extendable to 90 days
d30 days, extendable to 45 days
Answer: D
Section 392(1) BNSS [reforming old s.353 CrPC] requires judgment to be pronounced within 30 days of completion of arguments, extendable up to 45 days for special reasons to be recorded.
Q29BNSS new features (forensics, trial in absentia, summary trial, timelines)
Introducing a strict timeline absent in the CrPC, the BNSS, 2023 provides that where the Court frames a charge, the accused must be given a chance to plead and the trial conducted; significantly, framing of charge in a Sessions case must be done within ____ from the date of first hearing on charge:
a60 days
b30 days
c90 days
d120 days
Answer: A
Section 251(1)(b) BNSS [reforming old s.228 CrPC] mandates that the Court frame the charge in a Sessions trial within sixty days from the date of first hearing on charge, a new timeline to expedite trials.
Q30BNSS new features (forensics, trial in absentia, summary trial, timelines)
Under the BNSS, 2023, when investigation relates to an offence under Sections 64 to 71 BNS (sexual offences), the police investigation must be completed within:
aone month from the date of recording the information
btwo months from the date of recording the information
cthree months from the date of recording the information
dsix months from the date of recording the information
Answer: B
Section 193(1) proviso BNSS [old s.173 CrPC, post-2018] requires that investigation in relation to rape and related offences (Ss.64-71 BNS) be completed within two months from the date of recording of information.
A High Court, in exercise of its revisional jurisdiction under the BNSS, comes across a clear illegality in a Magistrate's order acquitting the accused. Which of the following correctly states the limit on the High Court's revisional power in such a case?
aThe High Court may convert the acquittal into a conviction in revision
bThe High Court may enhance any sentence in revision without notice to the accused
cThe High Court cannot convert a finding of acquittal into one of conviction in revision
dThe High Court has no power to interfere with an acquittal even on a point of law
Answer: C
Section 442(1) BNSS [old S.401(1) CrPC] read with the proviso bars the revisional court from converting a finding of acquittal into one of conviction; at most it may set aside the acquittal and order retrial, but cannot itself convict.
X files a revision petition before the Court of Session against an interlocutory order of a Magistrate. The Sessions Judge dismisses it. X then approaches the High Court with a second revision on the same matter. Under the BNSS, the most correct position is:
aThe second revision to the High Court is fully maintainable as a matter of right
bNo further revision lies at the instance of the same person, the bar on a second revision applying
cA second revision lies only if the offence is punishable with death
dRevision never lies against an interlocutory order in the first place, so both petitions are incompetent
Answer: D
Section 438(2) BNSS [old S.397(2) CrPC] bars revision against interlocutory orders altogether; hence the first revision itself was incompetent, and the question of a second revision (separately barred under S.438(3)) does not even arise.
Before an appellate court enhances the sentence of a convicted person, the BNSS imposes a mandatory safeguard. Which of the following is that safeguard?
aThe accused must be given a reasonable opportunity of showing cause against the enhancement
bThe prior written consent of the Public Prosecutor must be obtained
cThe matter must first be referred to a larger bench of the appellate court
dEnhancement is permissible only in offences punishable with imprisonment for life
Answer: A
The proviso to Section 427(3) BNSS [old proviso to S.386 CrPC] forbids an appellate court from enhancing a sentence unless the accused has had a reasonable opportunity of showing cause against such enhancement.
A subordinate court is satisfied that a case pending before it involves a question as to the validity of a provision of an Act, the determination of which is necessary for disposal, and is of opinion that such provision is invalid but has not been so declared. Under the BNSS, the proper course is to:
aDeclare the provision invalid itself and decide the case accordingly
bStay proceedings and refer the case, stating its opinion and reasons, to the High Court
cDismiss the case for want of jurisdiction
dForward the matter to the Supreme Court directly
Answer: B
Section 436 BNSS [old S.395 CrPC] requires a subordinate court, where determination of the validity of any Act/Ordinance/Regulation is necessary and it considers the provision invalid (not yet so declared by the High Court or Supreme Court), to state its opinion and refer the case to the High Court.
Under the BNSS, 2023, on what ground, among others, is no appeal permitted, reflecting the principle of finality where the accused himself has conceded guilt?
aNo appeal lies where the accused has been sentenced to a term exceeding seven years
bNo appeal lies in any case tried summarily, regardless of the plea
cNo appeal lies (except as to extent or legality of sentence) where the accused has pleaded guilty and been convicted on such plea by a Sessions or High Court
dNo appeal lies where the accused was represented by a legal aid counsel
Answer: C
Section 416 BNSS [old S.375 CrPC] provides that where an accused pleads guilty and is convicted on such plea, no appeal lies if convicted by a High Court, and an appeal lies only as to the extent or legality of the sentence if convicted by a Sessions or Magistrate's court.
When a person is sentenced to imprisonment for a term, the BNSS requires that the period the person has already undergone in detention during investigation, inquiry or trial in the same case be considered. What is the correct legal effect of this provision?
aSuch detention is doubled and added as a remission
bSuch detention has no effect and the full sentence runs afresh
cSuch detention is set off only against the fine, not the imprisonment
dSuch detention is set off against the term of imprisonment imposed on conviction
Answer: D
Section 468 BNSS [old S.428 CrPC] mandates that the period of detention undergone by the accused during investigation, inquiry or trial be set off against the term of imprisonment imposed on conviction, the liability being restricted to the remainder.
Where the accused person is residing at a place beyond the area in which the Magistrate exercises jurisdiction, Section 225 BNSS, 2023 makes it mandatory for the Magistrate to:
aPostpone the issue of process and inquire into the case himself or direct an investigation, before issuing process
bTransfer the complaint to the Magistrate having jurisdiction over the accused's residence
cIssue a non-bailable warrant straightaway to secure attendance
dDismiss the complaint for want of territorial jurisdiction
Answer: A
The proviso to Section 225(1) BNSS makes postponement of process and an inquiry/investigation mandatory (using 'shall') where the accused resides beyond the Magistrate's jurisdiction, to filter frivolous complaints before summoning a distant accused (old s.202 CrPC).
Under Section 226 BNSS, 2023, when a Magistrate, after considering the statements on oath and the result of the inquiry or investigation under Section 225, dismisses a complaint for want of sufficient ground for proceeding, he is required to:
aForward the complaint to the Sessions Judge for confirmation
bBriefly record his reasons for the dismissal
cOrder the complainant to pay compensation to the accused
dHold a full trial before recording the dismissal
Answer: B
Section 226 BNSS (old s.203 CrPC) requires the Magistrate to briefly record his reasons whenever he dismisses a complaint for absence of sufficient ground to proceed.
Under Section 227 BNSS, 2023 (issue of process), if on taking cognizance the Magistrate is of opinion that there is sufficient ground for proceeding and the case appears to be a warrant-case, he:
aMust issue a warrant of arrest and cannot issue summons
bMust first obtain the sanction of the Sessions Judge
cMay issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear
dCan only issue process after the accused surrenders voluntarily
Answer: C
Under Section 227(1)(b) BNSS (old s.204 CrPC), in a warrant-case the Magistrate may issue a warrant, or if he thinks fit a summons; in a summons-case he issues a summons. The choice of process is discretionary in warrant-cases.
Under Section 227 BNSS, 2023, where the complaint is in writing and process is to be issued, no summons or warrant shall ordinarily be issued against the accused unless:
aThe complainant has been examined a second time on oath
bThe accused has deposited security for his appearance
cThe Director of Prosecution has approved the issue of process
dA list of the prosecution witnesses has been filed
Answer: D
Section 227(2) BNSS (old s.204(2) CrPC) bars issue of summons/warrant on a written complaint until a list of the prosecution witnesses has been filed. Sub-section (3) also requires process fees where prescribed.
Under the BNSS, 2023, a Court of Session can take cognizance of an offence as a Court of original jurisdiction:
aOnly when the case has been committed to it by a Magistrate under the Sanhita, except where the Sanhita expressly provides otherwise
bDirectly on a private complaint filed before it
cOn its own knowledge of the commission of any offence
dOn a police report submitted directly to the Sessions Judge
Answer: A
Section 213 BNSS (old s.193 CrPC) bars a Court of Session from taking cognizance as a court of original jurisdiction unless the case is committed by a Magistrate, save where the Sanhita or another law expressly provides.
With respect to maintenance of children under Section 144 BNSS, which child is entitled to claim?
aOnly a legitimate minor child
bA legitimate or illegitimate minor child unable to maintain itself, and a legitimate or illegitimate (not married daughter) major child where physical/mental abnormality or injury renders it unable to maintain itself
cOnly a son, never a daughter
dAny child below 25 years of age irrespective of ability to maintain itself
Answer: B
Section 144(1) BNSS [old S.125(1) CrPC] covers legitimate or illegitimate minor children, and major children (excluding a married daughter) who cannot maintain themselves due to physical or mental abnormality or injury.
An Executive Magistrate receives information that a person is likely to commit a breach of the peace or disturb the public tranquillity. Under which provision of the BNSS may he require that person to show cause why he should not be ordered to execute a bond for keeping the peace?
aSection 144 BNSS
bSection 125 BNSS
cSection 126 BNSS
dSection 163 BNSS
Answer: C
Section 126 BNSS [old S.107 CrPC] empowers an Executive Magistrate to require security for keeping the peace where there is apprehension of breach of peace or disturbance of public tranquillity.
Under the preventive provisions of the BNSS, security for good behaviour from persons disseminating seditious matter is dealt with under which section?
aSection 144 BNSS
bSection 152 BNSS
cSection 164 BNSS
dSection 127 BNSS
Answer: D
Section 127 BNSS [old S.108 CrPC] provides for security for good behaviour from persons disseminating seditious or certain objectionable matter.
An Executive Magistrate, apprehending immediate danger and a riot, wishes to issue an urgent order directing persons to abstain from a certain act because it is likely to cause obstruction, annoyance or danger to human life, health or safety. Which section of the BNSS empowers him, and for how long does such an order ordinarily remain in force?
aSection 163 BNSS; in force for not more than two months (extendable by State Government up to six months)
bSection 144 BNSS; in force for one year
cSection 126 BNSS; in force until revoked
dSection 164 BNSS; in force for six months
Answer: A
Urgent cases of nuisance or apprehended danger are now under Section 163 BNSS [old S.144 CrPC]; such an order remains in force for not more than two months, extendable by the State Government to a maximum of six months.
A dispute likely to cause a breach of the peace exists between two parties concerning possession of land. An Executive Magistrate wishes to adjudicate which party was in actual possession to prevent a clash. The proper provision now is:
aSection 144 BNSS
bSection 164 BNSS
cSection 163 BNSS
dSection 126 BNSS
Answer: B
Disputes concerning immovable property likely to cause breach of the peace are dealt with under Section 164 BNSS [old S.145 CrPC], under which the magistrate determines actual possession.
A Sessions Judge, after trial, passes a sentence of death. What is the legal consequence regarding its execution under BNSS, 2023?
aThe sentence is final and may be executed immediately by the Sessions Judge
bThe sentence requires confirmation by the State Government
cThe sentence is subject to confirmation by the High Court
dThe sentence requires confirmation by the Supreme Court
Answer: C
Section 22(2) BNSS [old S.28 CrPC] allows a Sessions Judge or Additional Sessions Judge to pass any sentence authorised by law, but any death sentence so passed is subject to confirmation by the High Court.
Besides the High Courts and Courts constituted under any law other than the Sanhita, which of the following is NOT one of the classes of Criminal Courts specified under Section 6 of BNSS, 2023?
aCourts of Session
bJudicial Magistrates of the second class
cExecutive Magistrates
dMetropolitan Magistrates
Answer: D
Section 6 BNSS [old S.6 CrPC] lists Courts of Session, Judicial Magistrates of the first and second class, and Executive Magistrates. The category of Metropolitan Magistrates that existed under the CrPC has been abolished under BNSS.
For certain offences against women and children, BNSS introduces a directive that the trial be conducted, as far as practicable, by a court presided over by a woman. This proviso to Section 21 applies to offences under which sections of the Bharatiya Nyaya Sanhita, 2023?
aSections 63, 64, 68, 70 and 71 (rape and related sexual offences)
bSections 103 to 105 (murder and culpable homicide)
cSections 109 to 111 (attempt to murder and organised crime)
dSections 316 to 318 (criminal breach of trust and cheating)
Answer: A
The proviso to Section 21(a) BNSS directs that offences under Sections 63, 64, 68, 70 and 71 of the BNS, 2023 (rape and allied sexual offences) shall as far as practicable be tried by a court presided over by a woman; this is a new BNSS feature with no CrPC equivalent.
Under Section 18 of BNSS, 2023, what is the minimum period of practice as an advocate required for a person to be eligible for appointment as a Public Prosecutor or Additional Public Prosecutor?
aFive years
bSeven years
cTen years
dFifteen years
Answer: B
Section 18(7) BNSS [old S.24 CrPC] requires not less than seven years' practice as an advocate for appointment as a Public Prosecutor or Additional Public Prosecutor; a Special Public Prosecutor under S.18(8) needs not less than ten years.
Law Mock is an independent preparation resource and is not affiliated with any High Court, Public Service Commission, or government body. All exam information is sourced from official notifications and is updated periodically.
