Criminal Procedure (BNSS, 2023) Test 3 — Questions & Solutions
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A new safeguard introduced by the BNSS, 2023 (absent in the CrPC) requires the police to maintain certain information about arrested persons and designate an officer to handle it. Which of the following is that provision?
aSection 37 requiring designation of a police officer in every district and police station to maintain information about arrested persons, displayed prominently including in digital mode
bSection 35(7) requiring no arrest for offences punishable up to 3 years for persons above 60 without an officer's written permission
cSection 41 mandating a written record of all arrests in the case diary
dSection 48 requiring intimation only to the nearest legal aid cell
Answer: A
Section 37 BNSS is a new provision requiring every State to designate a police officer in each district and police station (not below ASI rank) to maintain information of arrested persons and their offence, to be prominently displayed including in digital mode; it has no exact CrPC equivalent.
The BNSS, 2023 introduced an age-and-sentence based safeguard restricting arrest of certain accused. For an offence punishable with imprisonment of less than three years, a person who is infirm or above which age cannot be arrested without prior permission of an officer not below DSP rank?
a55 years
b60 years
c65 years
d70 years
Answer: B
Section 35(7) BNSS (a new safeguard) provides that no arrest shall be made without prior permission of an officer not below DSP rank for an offence punishable with less than three years' imprisonment where the person is infirm or above sixty years of age.
Regarding the maximum period for which an undertrial prisoner may be detained under BNSS, 2023, which statement reflects the special rule introduced by the proviso to Section 479?
aEvery undertrial must be released after serving half the maximum sentence regardless of prior convictions
bPersons charged with offences punishable with death are entitled to release after one-third detention
cA first-time offender shall be released on bond by the Court on having undergone detention for one-third of the maximum period of imprisonment specified for such offence
dThe provision applies only to offences punishable with imprisonment up to one year
Answer: C
The first proviso to Section 479(1) BNSS [analogous to s.436A CrPC] is new: a first-time offender (never convicted before) shall be released on bond after undergoing detention up to one-third of the maximum period of imprisonment for that offence; the general rule remains one-half.
Under Section 187 BNSS, 2023 (default/statutory bail on expiry of investigation period), in a case where the offence is punishable with imprisonment for ten years or more, the magistrate may authorise detention beyond fifteen days up to a maximum total period of:
a60 days
b120 days
c180 days
d90 days
Answer: D
Section 187(3) BNSS [old s.167 CrPC] permits detention up to 90 days where the investigation relates to an offence punishable with death, imprisonment for life, or imprisonment for not less than ten years; otherwise the limit is 60 days, after which the accused is entitled to default bail.
Anticipatory bail under the BNSS, 2023 is governed by which section, and what is the correct position regarding which court may grant it?
aSection 482; the High Court or the Court of Session may grant a direction that in the event of arrest the applicant shall be released on bail
bSection 438; only the Court of Session
cSection 437; only the High Court
dSection 480; the Magistrate of First Class
Answer: A
Section 482 BNSS [old s.438 CrPC] empowers the High Court or the Court of Session to grant anticipatory bail to a person apprehending arrest on accusation of a non-bailable offence.
In Arnesh Kumar v. State of Bihar (2014), the Supreme Court laid down guidelines on arrest. These guidelines are now substantially codified in which BNSS, 2023 provision dealing with notice of appearance in lieu of arrest?
aSection 35
bSection 41
cSection 35(3) read with Section 47
dSection 58
Answer: B
Section 41 BNSS [old s.41A CrPC] codifies the issuance of a notice of appearance where arrest is not required, reflecting the Arnesh Kumar guidelines on offences punishable up to seven years' imprisonment.
A person is arrested without warrant by a police officer. Under Section 58 BNSS, 2023, within what maximum period (excluding journey time) must the arrested person be produced before the Magistrate?
a12 hours
b36 hours
c24 hours
d48 hours
Answer: C
Section 58 BNSS [old s.57 CrPC] mandates that no police officer shall detain an arrested person beyond twenty-four hours (exclusive of the time necessary for the journey to the Magistrate's court), in conformity with Article 22(2) of the Constitution.
Under Section 480 BNSS, 2023, when a person accused of a non-bailable offence is brought before a Court and at any stage the Court is satisfied that there are no reasonable grounds for believing the accused is guilty, but there is sufficient ground for further inquiry, the accused shall be:
aReleased only on furnishing surety equal to the maximum fine
bRemanded to judicial custody pending inquiry
cDischarged forthwith
dReleased on bail, or at the Court's discretion on a bond without sureties, pending such inquiry
Answer: D
Section 480(2) BNSS [old s.437(2) CrPC] provides that where there are no reasonable grounds for believing guilt but sufficient ground for further inquiry, the accused shall, pending such inquiry, be released on bail or, at the Court's discretion, on a bond without sureties.
A woman is robbed in District X but reaches a police station in District Y and insists on lodging an FIR there. The officer claims he has no territorial jurisdiction. Under the BNSS, 2023, the correct legal position is that:
aThe FIR may be registered irrespective of the area where the offence was committed (Zero FIR)
bThe officer is right; the FIR can be registered only at the police station having territorial jurisdiction
cA Zero FIR can be registered only for offences against women and children
dThe informant must first obtain a transfer order from the Superintendent of Police
Answer: A
Section 173(1) BNSS [old Section 154 CrPC] expressly provides that information relating to a cognizable offence may be given 'irrespective of the area where the offence is committed,' statutorily codifying the Zero FIR.
On receiving information disclosing a cognizable offence punishable with imprisonment for three years or more but less than seven years, the officer in charge of a police station under the BNSS, 2023, may—
aRefuse to register any FIR until the Magistrate so directs
bWith the prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry within fourteen days to ascertain whether a prima facie case exists
cConduct a preliminary enquiry without any time limit and without superior approval
dArrest the accused first and then decide whether to register an FIR
Answer: B
Section 173(3) BNSS (which has no exact CrPC equivalent) allows the officer in charge, with prior permission of an officer not below the rank of DSP, to either conduct a preliminary enquiry within fourteen days or proceed to investigate, for offences punishable with 3 years or more but less than 7 years.
In Imran Pratapgadhi v. State of Gujarat (2025), the Supreme Court, interpreting Section 173(3) BNSS in the context of an FIR over a recited poem, held that—
aA preliminary enquiry can never be conducted once a cognizable offence is disclosed
bSection 173(3) is unconstitutional and stands struck down
cWhere a speech/expression-related offence punishable with 3 to 7 years is alleged, it is appropriate and even necessary to conduct a preliminary enquiry under Section 173(3) before registering an FIR
dPreliminary enquiry under Section 173(3) is confined only to matrimonial disputes
Answer: C
In Imran Pratapgadhi v. State of Gujarat (2025), the Supreme Court treated Section 173(3) BNSS as an exception to the mandatory registration rule and held that for speech/expression offences punishable with 3 to 7 years, conducting a preliminary enquiry is appropriate and necessary to protect Article 19(1)(a) rights.
Regarding information relating to a non-cognizable offence, which of the following is the new timeline introduced by the BNSS, 2023, that had no counterpart in the CrPC?
aThe officer must obtain the Magistrate's order before entering it in the station diary
bThe officer must register an FIR within 24 hours
cThe officer may investigate the non-cognizable case without any order of the Magistrate
dA daily diary report of such cases must be sent to the Magistrate once every fortnight
Answer: D
Section 174 BNSS [old Section 155 CrPC] adds a new requirement that the officer in charge send the daily diary report of non-cognizable cases to the Magistrate fortnightly (once in fourteen days); investigation still needs the Magistrate's order.
Under the BNSS, 2023, in respect of an offence punishable with imprisonment for seven years or more, what additional investigative step is mandatory at the scene of crime?
aA forensic expert shall visit the crime scene to collect forensic evidence and the process shall be videographed on a mobile phone or other electronic device
bOnly the photographing of the scene by the investigating officer
cThe presence of the Magistrate at the scene of crime
dRecording of the accused's confession before a police officer at the spot
Answer: A
Section 176(3) BNSS (a new provision, broadly corresponding to old Section 157 CrPC) mandates, for offences punishable with seven years or more, that a forensic expert visit the crime scene to collect forensic evidence and that the process be videographed using a mobile phone or electronic device.
A Magistrate empowered under Section 210 BNSS receives a complaint disclosing a cognizable offence and is asked to direct registration and investigation under Section 175(3) BNSS. As distinct from the position under Section 156(3) CrPC, the Magistrate must now—
aDirect the police to register the FIR mechanically without any application of mind
bConsider the application supported by an affidavit and the submissions of the police officer regarding the refusal to register, before ordering investigation
cConduct the enquiry through the police before passing any order
dRefer the matter directly to the Sessions Court
Answer: B
Section 175(3) BNSS [old Section 156(3) CrPC] now additionally requires the application to be supported by an affidavit and the Magistrate to consider the submissions of the police officer on refusal to register before directing investigation, as affirmed in Om Prakash Ambadkar v. State of Maharashtra (2025).
Under Section 184 BNSS, 2023, when a woman alleged to have been raped is sent for medical examination, within what period must the registered medical practitioner forward the report?
aWithin twenty-four hours of the examination
bWithin three days to the officer in charge
cWithin seven days to the investigating officer
dWithin fourteen days directly to the trial court
Answer: C
Section 184 BNSS [old Section 164A CrPC] requires the registered medical practitioner to forward the report of examination of a rape victim to the investigating officer within seven days, who then forwards it to the Magistrate under Section 193.
Under Section 187 BNSS, 2023, for an offence triable as one punishable with imprisonment exceeding ten years, the fifteen-day police custody may be sought—
aOnly in one continuous block within the first fifteen days of arrest
bIn whole or in parts at any time during the first forty days of the ninety-day detention period
cAt any time during the entire ninety-day period without restriction
dIn whole or in parts at any time during the first sixty days of the ninety-day detention period
Answer: D
Section 187 BNSS [old Section 167 CrPC] permits the fifteen days of police custody to be sought in whole or in parts during the initial forty or sixty days of detention; for offences attracting the ninety-day limit (death/life/10+ years), the window is the first sixty days.
In a trial before a Court of Session under the BNSS, after hearing the prosecution and the accused on the question of charge, if the Judge considers there is no sufficient ground for proceeding, he shall:
adischarge the accused, recording his reasons
bconvict the accused on his own plea
cframe the charge and proceed to trial
dcommit the case back to the Magistrate
Answer: A
Section 250 BNSS [old s.227 CrPC] requires the Sessions Judge to discharge the accused and record reasons if there is no sufficient ground for proceeding after considering the record and hearing both sides.
A new feature introduced by the BNSS for sessions trials is a fixed time-limit for framing of charge. Under Section 251 BNSS, where the Judge is of opinion there is ground to presume the accused committed the offence, he shall frame the charge in writing within:
afifteen days from the date of first hearing
bsixty days from the date of first hearing on charge
cthirty days from the date of commitment
dninety days from the date of appearance of the accused
Answer: B
Section 251(1) BNSS [corresponding to old s.228 CrPC, but newly time-bound] mandates that the charge be framed within sixty days from the date of first hearing on the charge.
The principle that at the stage of framing charge the court need only see whether a prima facie case is made out and must not conduct a 'roving enquiry' into the probable defence was reiterated by the Supreme Court. Which decision is most directly associated with the test for discharge/framing of charge?
aK.M. Nanavati v. State of Maharashtra (1962)
bBachan Singh v. State of Punjab (1980)
cState of Bihar v. Ramesh Singh (1977)
dD.K. Basu v. State of West Bengal (1997)
Answer: C
State of Bihar v. Ramesh Singh held that at the charge stage the court considers whether there is a strong suspicion grounding a prima facie case, without weighing evidence as in a trial; this governs ss.250-251 BNSS [ss.227-228 CrPC].
In a warrant-case instituted on a police report, after the accused appears and the documents under Section 230 BNSS are supplied, the Magistrate must consider discharge. Under which provision is the accused discharged if the charge is groundless?
aSection 250 BNSS
bSection 274 BNSS
cSection 283 BNSS
dSection 262 BNSS
Answer: D
Section 262 BNSS [old s.239 CrPC] empowers the Magistrate to discharge the accused in a police-report warrant-case if the charge is found groundless after considering the report and documents and examining the accused.
In a summons-case under the BNSS, when the accused appears, the substance of the accusation must be stated to him, but a formal charge need not be framed. He is then asked whether he pleads guilty. This procedure is governed by:
aSection 274 BNSS
bSection 251 BNSS
cSection 262 BNSS
dSection 250 BNSS
Answer: A
Section 274 BNSS [old s.251 CrPC] provides that in summons-cases the particulars of the offence are stated to the accused without a formal charge, and he is asked if he pleads guilty.
X is charged with theft (a single offence). At trial it emerges the prosecution evidence actually proves criminal breach of trust, a distinct offence with which X was not charged. Under the BNSS provision on conviction for an offence not charged, X:
amust necessarily be acquitted because he was not charged with that offence
bmay be convicted of the offence shown to have been committed though not charged, provided the conditions of the section are met
ccan be convicted only after the trial restarts de novo on a fresh charge
dcan be convicted only if he consents in writing
Answer: B
Section 239 BNSS [old s.221 CrPC] allows conviction for the offence shown by evidence to have been committed even though it was not charged, where there was doubt as to which of several offences the facts would constitute.
Plea bargaining under Chapter XXIII of the BNSS, 2023 is NOT available where the offence:
ais punishable with imprisonment up to three years
bis compoundable with permission of the court
caffects the socio-economic condition of the country, or is committed against a woman or a child below eighteen years, or is punishable with death/life imprisonment/imprisonment exceeding seven years
dis triable as a summons-case
Answer: C
Section 289 BNSS [old s.265A CrPC] bars plea bargaining for offences punishable with death, life imprisonment, or imprisonment over seven years, those affecting socio-economic conditions, and those against a woman or child under eighteen.
An accused wishing to avail plea bargaining under the BNSS must file an application for a mutually satisfactory disposition. Within what period from the date of framing of the charge must such an application be filed, as newly specified in the BNSS?
awithin fifteen days of framing the charge
bwithin seven days of framing the charge
cat any time before pronouncement of judgment
dwithin thirty days from the date of framing of the charge
Answer: D
Section 290(1) BNSS introduces a fresh timeline: the application for plea bargaining must be filed within thirty days from the date of framing of the charge (no such limit existed in old s.265B CrPC).
Q25BNSS new features (forensics, trial in absentia, summary trial, timelines)
A new accountability feature of the BNSS, 2023 requires the police, in cases relating to rape, to forward the victim's medical examination report to the investigating officer, who must forward it to the Magistrate within:
aseven days
btwenty-four hours
cthree days
dfourteen days
Answer: A
Section 184(6) BNSS [old s.164A CrPC] requires the registered medical practitioner's report of examination of a rape victim to be forwarded, without delay, to the investigating officer who shall forward it to the Magistrate within seven days.
Q26BNSS new features (forensics, trial in absentia, summary trial, timelines)
To ensure transparency in investigation, the BNSS, 2023 newly confers a statutory right on the informant/victim to be informed of the progress of investigation. This information must be supplied, including by electronic communication, within:
afifteen days from the date of registration of FIR
bninety days from the date of registration of FIR
cthirty days from the date of arrest of the accused
dsixty days from filing of charge-sheet
Answer: B
Section 193(3)(ii) BNSS [new feature; cf. old s.173 CrPC] requires the police officer to inform the informant or victim of the progress of investigation, including by electronic communication, within ninety days of registration of the FIR.
Q27BNSS new features (forensics, trial in absentia, summary trial, timelines)
A landmark new feature of the BNSS, 2023 enabling speedy disposal is the Court's power, on first or second remand of an accused, to grant bail to a first-time offender who has undergone detention for ____ of the maximum imprisonment specified for the offence:
aone-half
btwo-thirds
cone-third
done-fourth
Answer: C
The first proviso to Section 479(1) BNSS [reforming old s.436A CrPC] provides that a first-time offender (never previously convicted) shall be released on bond by the Court if he has undergone detention for one-third of the maximum period of imprisonment specified for that offence.
Q28BNSS new features (forensics, trial in absentia, summary trial, timelines)
A house-breaking case involves an offence punishable with imprisonment of seven years. Under the BNSS, 2023, what is the position regarding the visit of a forensic expert to the scene of crime?
aIt is purely at the discretion of the officer in charge of the police station.
bIt is required only if the Magistrate so directs after taking cognizance.
cIt is required only where the punishment is death or imprisonment for life.
dIt is mandatory; the officer in charge must cause a forensic expert to visit the crime scene to collect forensic evidence and have the process videographed.
Answer: D
Section 176(3) BNSS [≈ old s.157 CrPC] mandates that for offences punishable with seven years' imprisonment or more, the officer in charge shall cause a forensic expert to visit the crime scene to collect evidence and have the process videographed.
Q29BNSS new features (forensics, trial in absentia, summary trial, timelines)
Where forensic facilities are not yet available within a State to give effect to the mandatory forensic-expert visit, what does the BNSS, 2023 contemplate?
aThe State Government shall utilise forensic facilities of any other State until such facilities are developed within its own territory.
bThe forensic requirement is simply waived for that State permanently.
cThe case must be transferred to a Central agency for investigation.
dInvestigation is to be stayed until a forensic laboratory is built.
Answer: A
The proviso to Section 176(3) BNSS provides that until a forensic facility is developed in the State, the State Government shall notify the utilisation of forensic facilities of another State; States are given up to five years to develop their own facilities.
Q30BNSS new features (forensics, trial in absentia, summary trial, timelines)
Under the BNSS, 2023, the recording of a search and the preparation of the list of seized articles is to be carried out through audio-video electronic means, preferably by mobile phone, by the police officer, who shall then —
aretain the recording in the police station malkhana until trial.
bwithout delay forward the recording to the District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the first class.
cupload it only to the National Crime Records Bureau portal.
dhand it over to the accused at the time of arrest.
Answer: B
Section 105 BNSS (a new feature) requires search and seizure to be recorded by audio-video electronic means and the recording to be forwarded without delay to the District/Sub-Divisional/Judicial Magistrate of the first class.
The BNSS empowers the court, when passing judgment, to direct payment of compensation to a victim out of the fine or otherwise. Which provision, newly emphasised in the BNSS scheme, mandates a victim compensation scheme to be prepared by the State Government in coordination with the Central Government?
aSection 395 BNSS
bSection 357 BNSS
cSection 396 BNSS
dSection 401 BNSS
Answer: C
Section 396 BNSS [old S.357A CrPC] requires every State Government, in coordination with the Central Government, to prepare a victim compensation scheme for funds to be paid to victims who have suffered loss or injury, while Section 395 BNSS [old S.357] deals with order to pay compensation out of fine.
In a trial held by a Magistrate, the accused is convicted of an offence. The Magistrate, instead of imposing the substantive sentence at once, considers releasing the offender on probation of good conduct after admonition for a minor offence. Which BNSS provision empowers the Magistrate to release certain offenders after admonition?
aSection 393 BNSS
bSection 364 BNSS
cSection 379 BNSS
dSection 401 BNSS
Answer: D
Section 401 BNSS [old S.360 CrPC] empowers the court, in the case of specified first offenders and minor offences, to release the offender after due admonition or on probation of good conduct instead of sentencing him at once to punishment.
An appellate court, after hearing an appeal against conviction, may pass several kinds of orders. Which of the following is NOT within the powers of an appellate court hearing an appeal from a conviction under the BNSS?
aWith or without altering the finding, alter the nature or extent of the sentence, even so as to enhance it without giving the accused an opportunity to show cause
bReverse the finding and sentence and acquit or discharge the accused, or order a re-trial
cAlter the finding, maintaining the sentence
dReduce the sentence while maintaining the finding of guilt
Answer: A
Section 427 BNSS [old S.386 CrPC] lists the appellate court's powers including reversal, alteration of finding and sentence; however, enhancement of sentence is barred unless the accused is first given a reasonable opportunity of showing cause (proviso to S.427), so option (c) is not a permissible power.
Under the BNSS, 2023, when the accused is convicted of an offence punishable with death or imprisonment for life or for a term of seven years or more, the court must, after passing the sentence, give a copy of the judgment to the accused:
aOn payment of the prescribed fee only
bFree of cost, immediately after pronouncement
cOnly if the accused files an appeal
dWithin thirty days through the jail superintendent
Answer: B
Section 392(3) BNSS [old s.363 CrPC] requires that when the accused is sentenced to death, life imprisonment or imprisonment for seven years or more, a copy of the judgment shall be given to him free of cost immediately after pronouncement.
A Magistrate of the first class passes a sentence of imprisonment in default of payment of fine, in addition to a substantive sentence. Under the BNSS, 2023, such default imprisonment shall not exceed:
aOne-half of the maximum term of imprisonment the Magistrate is competent to award
bTwo years in all cases
cOne-fourth of the maximum term of imprisonment the Magistrate is competent to award
dThe full maximum term of imprisonment the Magistrate is competent to award
Answer: C
Section 23(3) BNSS [old s.30 CrPC] provides that imprisonment awarded in default of fine shall not exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence (otherwise than as default imprisonment).
A sentence of death passed by a Court of Session under the BNSS, 2023, shall not be executed unless it is confirmed by the High Court. The provision requiring submission of the proceedings to the High Court for confirmation is:
aSection 379 BNSS
bSection 415 BNSS
cSection 432 BNSS
dSection 407 BNSS
Answer: D
Section 407 BNSS [old s.366 CrPC] requires the Court of Session, when it passes a sentence of death, to submit the proceedings to the High Court, and the sentence shall not be executed unless confirmed by the High Court.
Under Section 222 BNSS, 2023, cognizance of an offence of defamation punishable under the BNS can ordinarily be taken by a Court only:
aUpon a complaint made by some person aggrieved by the offence
bOn a police report after registration of an FIR
cOn the Magistrate's own information from a newspaper report
dOn a complaint by any member of the public interested in public morals
Answer: A
Section 222 BNSS (old s.199 CrPC) provides that no court shall take cognizance of defamation except upon a complaint made by a person aggrieved by the offence (subject to special provisos for high public functionaries via the Public Prosecutor).
Section 215 BNSS, 2023 (prosecution for contempt of lawful authority of public servants and offences against public justice) bars a Court from taking cognizance of certain offences except on the complaint in writing of the public servant or Court concerned. This is best illustrated where:
aA private person files a complaint of theft committed in his house
bCognizance is sought for an offence of giving false evidence in a judicial proceeding, on a private complaint rather than a complaint by that Court
cThe police file a charge-sheet for an offence of murder
dA person complains of cheating committed against him in a commercial transaction
Answer: B
Section 215 BNSS (old s.195 CrPC) requires a written complaint by the public servant/Court concerned for offences such as those affecting administration of justice (e.g., false evidence) and contempt of lawful authority; a private complaint is barred for those offences.
Under Section 218 BNSS, 2023, regarding sanction for prosecution of a public servant for an act done in discharge of official duty, a notable reform over s.197 CrPC is that:
aSanction is altogether dispensed with for all public servants
bSanction can be granted only by the President or the Governor personally
cThe Government must decide on the request for sanction within 120 days, failing which sanction shall be deemed to have been accorded
dThe Magistrate may take cognizance without sanction if the offence is bailable
Answer: C
The second proviso to Section 218(1) BNSS introduces a deemed-sanction rule: the Government must decide within 120 days of receiving the request, failing which sanction is deemed accorded, a time limit absent from s.197 CrPC.
A complainant approaches a Judicial Magistrate alleging a cognizable offence on which the police refused to register an FIR. The most appropriate course for the Magistrate, instead of taking cognizance on the complaint, is to:
aDirect the complainant to approach the High Court under Article 226
bIssue process to the accused straightaway under Section 227 BNSS
cDismiss the complaint as the police have already declined to act
dOrder an investigation by the police under Section 175(3) BNSS before taking cognizance
Answer: D
Section 175(3) BNSS (old s.156(3) CrPC) empowers a Magistrate competent to take cognizance under s.210 to order police investigation; this is the standard remedy where police refuse to register an FIR on a cognizable offence.
Section 175(4) BNSS, 2023 prescribes additional pre-conditions before a Magistrate may order an investigation under Section 175(3) into a complaint against a public servant arising in the discharge of official duties. These include:
aObtaining a report from the officer superior to such public servant and considering the public servant's assertions about the situation, plus prior application under s.173(4)
bObtaining the prior sanction of the Central Government in every case
cRecording the evidence of at least three independent witnesses
dSecuring the consent of the accused public servant in writing
Answer: A
Section 175(4) BNSS requires, for complaints against a public servant acting in discharge of official duties, a report from the superior officer and consideration of the public servant's assertions, and that the complainant first exhausted the s.173(4) route. This safeguard is new compared with s.156(3) CrPC.
In Bhuwan Mohan Singh v. Meena (2015), the Supreme Court emphasised a key principle regarding maintenance proceedings (now under Section 144 BNSS). Which principle did it lay down?
aMaintenance applications must be decided within sixty days mandatorily, failing which they lapse
bMaintenance is a measure of social justice and applications should be disposed of expeditiously; the wife is entitled to live in a manner she was used to in her matrimonial home
cA working wife can never claim maintenance
dMaintenance can be awarded only from the date of the final order, never from the date of application
Answer: B
In Bhuwan Mohan Singh v. Meena, the Court held maintenance is a measure of social justice, must be decided expeditiously, and the wife is entitled to a standard of life as in her matrimonial home (relevant to S.144 BNSS / old S.125 CrPC).
Regarding the date from which maintenance under Section 144 BNSS may be ordered, in Rajnesh v. Neha (2020) the Supreme Court directed that maintenance shall ordinarily be awarded from which date?
aFrom the date of the magistrate's final order only
bFrom the date of marriage
cFrom the date of filing the application for maintenance
dFrom the date the wife began living separately
Answer: C
In Rajnesh v. Neha (2020), the Supreme Court directed that maintenance be awarded from the date of filing of the application, a principle applicable to Section 144 BNSS [old S.125 CrPC].
Under Section 124 BNSS, when an order to execute a bond for keeping the peace or good behaviour is made by a Court of Session or Magistrate, against the order an appeal lies to which forum?
aNo appeal lies; only revision is available
bDirectly to the Supreme Court
cTo the State Government
dThe Court to which an appeal lies from the sentences of the Magistrate/Court that made the order
Answer: D
Section 124 BNSS [old S.373 CrPC framework for such orders] provides that an appeal against an order requiring security for keeping the peace/good behaviour lies to the court to which appeals ordinarily lie from the sentences of the magistrate or court making the order.
On a maintenance application under Section 144 BNSS, the magistrate may also make an order for interim maintenance and expenses of the proceeding. Within what period, as far as possible, must such an interim application be disposed of?
aWithin thirty days from the date of service of notice on the respondent
bWithin sixty days from the date of filing
cWithin ninety days from the date of the order
dNo time limit is prescribed
Answer: A
The second proviso to Section 144(2) BNSS [old S.125(1) CrPC proviso] requires that an application for interim maintenance shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.
A father obtains a maintenance order under Section 144 BNSS against his son. The Explanation/scheme of the section as to 'parents' provides that maintenance may be claimed by:
aOnly the father, never the mother
bA father or mother unable to maintain himself or herself
cOnly parents above sixty years of age
dGrandparents but not parents
Answer: B
Section 144(1)(d) BNSS [old S.125(1)(d) CrPC] entitles a father or mother who is unable to maintain himself or herself to claim maintenance from a child having sufficient means.
In the subordination of Judicial Magistrates under BNSS, 2023, a Chief Judicial Magistrate is subordinate to which authority?
aThe District Magistrate
bThe High Court directly
cThe Sessions Judge
dThe State Government
Answer: C
Section 13(1) BNSS [old S.15 CrPC] provides that every Chief Judicial Magistrate shall be subordinate to the Sessions Judge, while every other Judicial Magistrate is subordinate to the CJM (subject to the Sessions Judge's general control).
Where a person convicted at one trial of several offences receives consecutive sentences under Section 25 of BNSS, 2023, how are those sentences treated for the purpose of an appeal by the convicted person?
aEach sentence must be appealed separately
bOnly the longest of the consecutive sentences is appealable
cNo appeal lies once sentences are ordered to run consecutively
dThe aggregate of the consecutive sentences is deemed to be a single sentence
Answer: D
Section 25(3) BNSS [old S.31(3) CrPC] provides that for the purpose of appeal by a convicted person, the aggregate of the consecutive sentences shall be deemed to be a single sentence.
An offence under a special local enactment does not mention any particular court for its trial and is not shown in the First Schedule. Under Section 21 of BNSS, 2023, by which court may such an offence be tried?
aThe High Court, or any other court by which it is shown in the First Schedule to be triable
bThe Court of Session only
cOnly a Court of a Judicial Magistrate of the first class
dOnly the court designated by the State Government by notification
Answer: A
Section 21(b) BNSS [old S.26 CrPC] provides that an offence under any other law, where no court is mentioned in that law, may be tried by the High Court or any other court shown in the First Schedule to be triable.
When a doubt arises as to who is the successor-in-office of a Sessions Judge for the purpose of exercising powers under BNSS, 2023, who determines the question?
aThe State Government by notification
bThe Sessions Judge, by order in writing
cThe Chief Judicial Magistrate
dThe District Magistrate
Answer: B
Section 29(2) BNSS [old S.35(2) CrPC] provides that where there is doubt about the successor-in-office of a Sessions Judge, the Sessions Judge shall determine the matter by order in writing; for Magistrates the CJM or District Magistrate decides under S.29(3).
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