Criminal Procedure (BNSS, 2023) Test 4 — Questions & Solutions
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Under the proviso to Section 480(1) BNSS, 2023, the general bar on releasing a person accused of an offence punishable with death or life imprisonment is relaxed for certain categories. Which of the following is NOT, by itself, a ground for such relaxation under the proviso?
aThe accused has voluntarily surrendered before the Court
bThe accused is a person under the age of sixteen years
cThe accused is a woman
dThe accused is sick or infirm
Answer: A
The first proviso to Section 480(1) BNSS [old s.437(1) CrPC] allows release of an accused under sixteen years, a woman, or a sick or infirm person despite the offence being punishable with death/life imprisonment; voluntary surrender is not a statutory ground under this proviso.
Under Section 491 BNSS, 2023, a Court may, instead of requiring a person to furnish sureties, accept a deposit of a sum of money. This provision essentially permits:
aForfeiture of property in lieu of bail
bDeposit of money in lieu of executing a bond with sureties
cPayment of the fine in advance
dConversion of bail into a fine
Answer: B
Section 491 BNSS [old s.445 CrPC] allows a Court or officer, where any person is required to execute a bond with or without sureties, to permit deposit of a sum of money or Government promissory notes in lieu of such bond.
X is granted bail and executes a bond with two sureties. One surety later applies to the Court to be discharged from the bond. Under Section 448 BNSS, 2023, the consequence is that:
aThe bail is automatically cancelled and X must be re-arrested
bThe remaining surety becomes liable for the whole amount and bail continues
cThe Court may direct the person released to find other sufficient sureties, and if he fails, commit him to custody
dThe surety cannot be discharged once the bond is executed
Answer: C
Section 448 BNSS [old s.444 CrPC] provides that on an application by a surety to be discharged, the Court shall issue a warrant of arrest, and on appearance may call upon the released person to find other sufficient sureties, failing which he may be committed to custody.
Under Section 35(3) BNSS, 2023, where arrest of a person is not required (offence punishable with imprisonment up to seven years), the police officer shall issue a notice directing the person to appear. If the person complies with and continues to comply with the notice, then:
aHe may still be arrested at any time without recording reasons
bHe must furnish a personal bond before release
cHe is deemed acquitted of the offence
dHe shall not be arrested in respect of that offence unless, for reasons to be recorded, the officer is of opinion that he ought to be arrested
Answer: D
Section 35(3) and (6) BNSS [old s.41A CrPC] provide that where a notice is issued and the person complies, he shall not be arrested unless the officer, for reasons to be recorded, is of the opinion that he ought to be arrested.
The BNSS, 2023 retains the right of an arrested person to be informed of grounds of arrest and the right to bail in bailable offences. Under which section is a person arrested for a bailable offence entitled to be informed that he is entitled to be released on bail?
aSection 50
bSection 47
cSection 35(2)
dSection 58
Answer: A
Section 47 BNSS requires informing grounds of arrest; the right to bail intimation for bailable offences flows from Section 50 (right to be informed of grounds and of right to bail) read with Section 478 [old s.50 and s.436 CrPC]; the officer must inform the arrested person of the entitlement to bail.
Under Section 478 BNSS, 2023, a person accused of a bailable offence who is arrested and is prepared to give bail:
aMay be released on bail only after the charge sheet is filed
bShall be released on bail as a matter of right by the officer or Court
cMay be released only with the prior sanction of the Public Prosecutor
dShall be released only if the offence is punishable with imprisonment up to one year
Answer: B
Section 478 BNSS [old s.436 CrPC] makes bail a matter of right in bailable offences; such a person, when prepared to give bail, shall be released by the police officer or the Court.
Under the BNSS, 2023, a first-time undertrial accused of an offence (not punishable with death or life imprisonment) has been detained during investigation, inquiry or trial. The BNSS introduces a special concession for first-time offenders regarding maximum detention. Which of the following correctly states this concession under Section 479?
aA first-time offender shall be released on bail after detention of one-half of the maximum imprisonment specified for the offence
bA first-time offender can never be granted this benefit if charged with multiple offences
cA first-time offender shall be released on bond after detention of one-third of the maximum imprisonment specified for the offence
dA first-time offender is entitled to automatic acquittal after one-third detention
Answer: C
The first proviso to Section 479(1) BNSS [old S.436A CrPC] newly provides that a person who has never been convicted of any offence (first-time offender) shall be released on bond by the court after undergoing detention of one-third of the maximum period of imprisonment, instead of the one-half rule applicable generally.
Section 35(7) of the BNSS, 2023 places a restriction on arrest for certain offences without prior permission of a senior officer where the accused is infirm or aged. Which statement correctly describes this safeguard?
aOffences punishable with imprisonment up to seven years, accused above 65 years — no arrest without Magistrate's order
bOnly non-cognizable offences, regardless of the age of the accused
cOffences punishable with death, where the accused is above 70 years
dOffences punishable with imprisonment less than three years, accused infirm or above 60 years — no arrest without prior permission of an officer not below DSP rank
Answer: D
Section 35(7) BNSS [old S.41 CrPC] provides that no person accused of an offence punishable with imprisonment less than three years, who is infirm or above sixty years of age, shall be arrested except with the prior permission of an officer not below the rank of Deputy Superintendent of Police.
Under the BNSS, 2023, the maximum total period of detention during investigation (after which the accused becomes entitled to default bail) for an offence punishable with death, imprisonment for life, or imprisonment for a term not less than ten years is—
aNinety days
bSixty days
cSeventy-five days
dOne hundred and eighty days
Answer: A
Section 187(3) BNSS [old Section 167(2) CrPC] retains the ninety-day investigation limit (for offences punishable with death, life, or not less than ten years) and sixty days for other offences, beyond which the accused is entitled to default bail.
Under Section 193 BNSS, 2023, the investigating officer is now under a statutory duty to inform the informant or victim of the progress of the investigation—
aOnly after the chargesheet has been filed
bWithin ninety days, including through electronic communication
cOnly if the victim files a written application
dWithin twenty-four hours of registering the FIR
Answer: B
Section 193(3)(ii) BNSS [old Section 173 CrPC] introduces a new duty on the police to inform the informant/victim of the progress of investigation within ninety days, including by electronic communication.
After filing the chargesheet, the police discover fresh evidence and wish to conduct further investigation under Section 193(9) BNSS, 2023. What is the new statutory constraint on such further investigation?
aIt is wholly prohibited once a chargesheet is filed
bIt can continue indefinitely without any court oversight
cIt must be completed within ninety days and any extension beyond ninety days requires the permission of the court
dIt is permitted only with the sanction of the State Government
Answer: C
The proviso to Section 193(9) BNSS [old Section 173(8) CrPC] now requires that further investigation after the chargesheet be completed within ninety days, extendable only with the permission of the court.
Under Section 230 BNSS, 2023, in a case instituted on a police report, within what period must the Magistrate supply free copies of the police report, FIR and connected documents to the accused and the victim?
aWithin seven days from the date of taking cognizance
bWithin thirty days from filing of the chargesheet
cOnly upon a written request and on payment of prescribed fees
dWithin fourteen days from the date of production or appearance of the accused
Answer: D
Section 230 BNSS [old Section 207 CrPC] mandates free supply of the police report, FIR, statements and other documents to the accused and the victim within fourteen days from production or appearance of the accused, and permits supply by electronic means.
A constable wishes to arrest, without a warrant, a person accused of a cognizable offence punishable with up to three years' imprisonment, where the accused is a frail person above sixty years of age. Under the BNSS, 2023, the arrest of such a person can be made only—
aWith the prior permission of an officer not below the rank of Deputy Superintendent of Police
bWithout any condition, as in every cognizable offence
cOnly after obtaining an arrest warrant from the Magistrate
dOnly between sunrise and sunset
Answer: A
The proviso to Section 35(7) BNSS [old Section 41 CrPC] provides that no person who is infirm or above sixty years of age, accused of an offence punishable with imprisonment up to three years, shall be arrested without the prior permission of an officer not below the rank of DSP.
When a witness's statement is recorded by the police during investigation under Section 180 BNSS, 2023, a key new safeguard introduced for certain offences against women is that—
aEvery witness statement must be recorded only before a Magistrate
bThe statement of a victim of specified offences against a woman shall be recorded by a woman police officer or any woman officer
cNo statement of any witness can be reduced to writing
dAll witness statements must be audio-video recorded by a forensic expert
Answer: B
The proviso to Section 180 BNSS [old Section 161 CrPC] requires that the statement of a woman against whom specified offences (such as those under Sections 64-71, 74-79 BNS) are alleged be recorded by a woman police officer or any woman officer.
A cognizable offence is reported orally to the officer in charge of a police station. Under the BNSS, 2023, the information so reduced to writing must be:
aSigned by the informant and a copy given to the informant free of cost
bRead over to the informant and forwarded to the Magistrate before any copy is given
cRead over to the informant, signed by the informant, and a copy given free of cost
dRecorded only after the informant attests it before a Magistrate
Answer: C
Section 173(1) BNSS [old s.154 CrPC] requires oral information about a cognizable offence to be reduced to writing, read over to the informant and signed by them; the proviso/sub-section also mandates that a copy be given forthwith, free of cost, to the informant.
A woman alleges an offence under Section 64 BNS (rape) at a police station outside whose jurisdiction the offence occurred. The station officer refuses to register the FIR, claiming lack of territorial jurisdiction. Which statement is correct under the BNSS, 2023?
aThe officer is right; the woman must approach the station having territorial jurisdiction
bAn FIR can be registered only after preliminary inquiry into jurisdiction
cThe FIR can be registered only with the Superintendent of Police's prior permission
dA 'zero FIR' must be registered irrespective of jurisdiction and then transferred to the competent station
Answer: D
The first proviso to Section 173(1) BNSS now statutorily mandates registration of information about cognizable offences irrespective of the area where the offence is committed (the 'zero FIR'), reflecting Lalita Kumari and now codified; it is later forwarded to the station having jurisdiction.
Where an accused is convicted on a guilty plea after a mutually satisfactory disposition in plea bargaining, the court, on the question of sentence, may release the accused on probation or impose punishment. If a minimum sentence is provided for the offence, the court may sentence the accused to:
ahalf of such minimum punishment
bno imprisonment at all, only a fine
cone-fourth of the minimum punishment provided for the offence
dthe full minimum punishment, with no reduction permitted
Answer: A
Section 292 BNSS [old s.265E CrPC] provides that where a minimum punishment is prescribed, the court may sentence the accused to half of that minimum; where no minimum is fixed, one-fourth of the punishment provided or extendable.
The judgment delivered by the court in a plea bargaining case under the BNSS is, by statutory mandate:
aappealable to the Court of Session within thirty days
bfinal, and no appeal shall lie except a special leave petition under Article 136 or a writ under Articles 226/227
csubject to mandatory revision by the High Court
dopen to review by the same court within ninety days
Answer: B
Section 295 BNSS [old s.265G CrPC] makes the judgment final and bars any appeal, save the constitutional remedies of an SLP under Article 136 and writs under Articles 226/227.
A is tried in one trial for theft, and in the same transaction for causing hurt while committing it. The general rule under the BNSS is that for every distinct offence there shall be a separate charge and separate trial. Which provision permits, by way of exception, the joinder of charges for offences committed in the course of the 'same transaction'?
aSection 242 BNSS
bSection 246 BNSS
cSection 243 BNSS
dSection 235 BNSS
Answer: C
Section 243 BNSS [old s.220 CrPC] permits a person to be charged with and tried at one trial for several offences committed in the course of the same transaction, an exception to the separate-charge rule in Section 242 BNSS [old s.219].
Under the BNSS, every charge must state the offence with which the accused is charged. The settled principle, affirmed in cases like Willie (William) Slaney v. State of M.P., is that:
aany error, omission or irregularity in the charge is fatal and automatically vitiates the trial
ba defective charge can never be cured and the accused must be retried
can appellate court cannot examine whether prejudice was caused by a charge defect
dno error in stating the offence or particulars, and no omission to frame a charge, is material unless it has occasioned a failure of justice
Answer: D
Section 245 BNSS [old s.215 CrPC] read with the curative provision in Section 510 BNSS [old s.464], and Willie Slaney's case, establish that charge errors vitiate a trial only if they cause a failure of justice/prejudice to the accused.
In a summons-case, if the complainant does not appear on the day fixed for the hearing, the Magistrate may, subject to the proviso, acquit the accused. This power of acquittal on default of the complainant is found in:
aSection 279 BNSS
bSection 290 BNSS
cSection 274 BNSS
dSection 262 BNSS
Answer: A
Section 279 BNSS [old s.256 CrPC] empowers the Magistrate, in a summons-case instituted on complaint, to acquit the accused if the complainant is absent (unless attendance is dispensed with or adjournment is proper).
After the accused, in a warrant-case instituted otherwise than on a police report, has been charged and the prosecution evidence taken, the Magistrate must comply with which next step before calling on the accused for his defence?
apass an order of acquittal under Section 279 BNSS
bexamine the accused under Section 351 BNSS and call on him to enter his defence under Section 270 BNSS
ccommit the case to the Court of Session
drefer the matter for plea bargaining under Section 290 BNSS
Answer: B
In warrant-cases the accused is examined under Section 351 BNSS [old s.313 CrPC] and then called upon to enter his defence under Section 270 BNSS [old s.247/254 procedure for cases not on police report], before judgment.
Under the BNSS, 2023, in a trial before a Court of Session, when is the charge required to be framed by the Judge?
aImmediately on committal of the case by the Magistrate, without hearing the parties
bOnly after the prosecution evidence is closed
cAfter hearing the prosecution and the accused and on consideration of the record, if the Judge is of opinion that there is ground for presuming the accused has committed an offence, within sixty days from the first date of hearing on charge
dAt the discretion of the public prosecutor at any stage before judgment
Answer: C
Section 251 BNSS [old s.228 CrPC] requires the Sessions Judge to frame a charge if he is of opinion there is ground for presuming the accused committed the offence; BNSS newly mandates the charge be framed within sixty days from the first date of hearing on charge.
In a sessions trial under the BNSS, 2023, if after considering the record and hearing both sides the Judge finds no sufficient ground for proceeding against the accused, what must he do?
aFrame a lesser charge and proceed
bConvict the accused on the prosecution's documents
cForward the matter back to the committing Magistrate for fresh inquiry
dDischarge the accused, recording his reasons for doing so
Answer: D
Section 250 BNSS [old s.227 CrPC] empowers the Sessions Judge, on finding no sufficient ground to proceed, to discharge the accused while recording reasons; BNSS additionally fixes timelines for moving and deciding the discharge application.
Q25BNSS new features (forensics, trial in absentia, summary trial, timelines)
Before a court may commence a trial in absentia of a proclaimed offender under the BNSS, 2023, which of the following procedural safeguards must be satisfied?
aIssuance of two consecutive warrants of arrest within an interval of at least thirty days, plus newspaper publication and other notice requirements.
bIssuance of a single warrant of arrest followed by a 15-day wait.
cA direction from the High Court permitting the in-absentia trial.
dConsent of the public prosecutor and the victim only.
Answer: A
Section 356 BNSS (new; no CrPC equivalent) requires, inter alia, two consecutive warrants of arrest issued at least thirty days apart, publication in a national/local daily, informing a relative/friend and affixing notice, before proceeding in absentia.
Q26BNSS new features (forensics, trial in absentia, summary trial, timelines)
In a trial in absentia of a proclaimed offender under Section 356 BNSS, the trial shall not actually commence —
aunless sixty days have elapsed from the date of the first warrant.
bunless ninety days have elapsed from the date of framing of the charge.
cuntil the proclaimed offender's advocate consents in writing.
duntil the State Government issues a special notification for that case.
Answer: B
Section 356(2) BNSS provides that the trial in absentia shall not commence unless a period of ninety days has lapsed from the date of framing of the charge, giving the accused a final opportunity to appear.
Q27BNSS new features (forensics, trial in absentia, summary trial, timelines)
A proclaimed offender is convicted after a trial in absentia under the BNSS, 2023. What is the position regarding his right of appeal?
aHe may appeal at any time through his counsel without surrendering.
bOnly a revision, never an appeal, is available to him.
cNo appeal lies unless he presents himself before the appellate court, and no appeal against conviction lies after three years from the date of judgment.
dAn appeal lies automatically and the sentence is stayed pending appeal.
Answer: C
Section 356(7) BNSS bars an appeal by a person tried in absentia unless he presents himself before the appellate court, and further bars any appeal against conviction filed after three years from the date of the judgment.
Q28BNSS new features (forensics, trial in absentia, summary trial, timelines)
The power to extend the trial-in-absentia machinery (Section 356 BNSS) beyond proclaimed offenders to other absconders falling under Section 84(1) BNSS rests with —
athe trial court on a case-by-case basis.
bthe High Court by general rules.
cthe National Judicial Academy.
dthe State Government, by notification.
Answer: D
Section 356 BNSS empowers the State Government, by notification, to extend the in-absentia trial provisions to any absconder referred to in sub-section (1) of Section 84 BNSS.
Q29BNSS new features (forensics, trial in absentia, summary trial, timelines)
Under the BNSS, 2023, which offences relating to theft, receiving stolen property, etc., may be tried summarily by a Magistrate of the first class?
aWhere the value of the property does not exceed twenty thousand rupees.
bWhere the value of the property does not exceed five thousand rupees.
cWhere the value of the property does not exceed ten thousand rupees.
dIrrespective of the value of the property.
Answer: A
Section 283 BNSS [≈ old s.260 CrPC] raised the value threshold for summary trial of theft and allied offences from two thousand rupees (CrPC) to twenty thousand rupees.
Q30BNSS new features (forensics, trial in absentia, summary trial, timelines)
Which of the following correctly states a limit on summary trials under the BNSS, 2023?
aOffences punishable with imprisonment for a term exceeding seven years may not be tried summarily.
bOffences punishable with imprisonment for a term exceeding three years may not be tried summarily.
cAny offence may be tried summarily if the accused consents.
dOnly offences punishable with fine alone may be tried summarily.
Answer: B
Section 283 BNSS [≈ old s.260 CrPC] permits summary trial only of offences not punishable with death, imprisonment for life, or imprisonment exceeding three years.
Under the BNSS, 2023, where the High Court is hearing a death-sentence confirmation reference, confirmation of the sentence of death or any other order passed by it must be made, signed and certified by:
aA single Judge of the High Court
bA Bench of three Judges
cAt least two Judges of the High Court
dThe Chief Justice alone
Answer: C
Section 411 BNSS [old s.369 CrPC] provides that in every case submitted for confirmation, the confirmation of the death sentence, or any new sentence or order, shall be made, passed and signed by at least two Judges of the High Court.
Under the BNSS, 2023, in summary trial cases, no appeal lies where a Magistrate of the first class passes a sentence of fine only, not exceeding:
aOne hundred rupees
bOne thousand rupees
cFive hundred rupees
dTwo hundred rupees
Answer: D
Section 418 BNSS [old s.376 CrPC] bars appeal in petty cases; where a Magistrate of the first class passes only a sentence of fine not exceeding two hundred rupees in a summary trial, no appeal lies (subject to the combined-sentence exception).
An accused pleads guilty and is convicted on such plea by a Court of Session under the BNSS, 2023. Regarding his right of appeal:
aHe may appeal only as to the extent or legality of the sentence, not the conviction
bHe may appeal both against conviction and the legality of the sentence
cHe has an unrestricted right of appeal in all respects
dHe has no right of appeal whatsoever
Answer: A
Section 417 BNSS [old s.375 CrPC] provides that where an accused is convicted on his own plea of guilty, no appeal lies except as to the extent or legality of the sentence.
Under the BNSS, 2023, the High Court's power of revision cannot be exercised at the instance of a party who, having a right of appeal, has not appealed. This bar is contained in:
aSection 438 BNSS
bSection 442(4) BNSS
cSection 442 BNSS
dSection 415 BNSS
Answer: B
Section 442(4) BNSS [old s.401(4) CrPC] bars revision at the instance of a person who, having the right to appeal, has not appealed; the revisional power cannot be used to bypass the unexercised appeal remedy.
Under the BNSS, 2023, in exercise of its revisional jurisdiction the High Court, when dealing with a revision filed against an order of acquittal, may NOT:
aOrder further inquiry
bExamine the record of the proceedings
cConvert the finding of acquittal into one of conviction
dCall for the record of the lower court
Answer: C
Section 442(3) BNSS [old s.401(3) CrPC] expressly provides that the High Court, in revision, shall not convert a finding of acquittal into one of conviction; the proper remedy against acquittal is an appeal, not revision.
Where a subordinate court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation which it considers invalid (but which has not been so declared by the High Court or Supreme Court), the BNSS, 2023, requires it to:
aDecide the case on merits and ignore the constitutional question
bRefer the matter directly to the Supreme Court
cStay the case indefinitely
dState a case setting out its opinion and reasons, and refer it to the High Court
Answer: D
Section 436 BNSS [old s.395 CrPC] requires the subordinate court, on a question as to the validity of any Act/Ordinance/Regulation that it considers invalid (not yet so declared), to draw up a statement of the case and refer it to the High Court for decision.
A Magistrate of the first class, on a private complaint disclosing a cognizable offence, decides to take cognizance and proceed under the chapter dealing with examination of complainant. Under the BNSS, 2023, in which manner does the Magistrate take cognizance of an offence in such a case?
aUpon receiving a complaint of facts which constitute such offence
bOnly upon an order of the Sessions Court
cUpon a police report of facts constituting the offence
dOnly after framing of charge
Answer: A
Under Section 210(a) BNSS [old S.190(1)(a) CrPC], a Magistrate may take cognizance upon receiving a complaint of facts constituting the offence; clauses (b) and (c) cover police reports and information/own knowledge respectively.
After taking cognizance on a complaint, a Magistrate examines the complainant and the witnesses present. Which provision of the BNSS, 2023 governs this examination of the complainant upon cognizance of an offence on complaint?
aSection 210
bSection 223
cSection 227
dSection 230
Answer: B
Section 223 BNSS [old S.200 CrPC] requires the Magistrate taking cognizance on a complaint to examine on oath the complainant and the witnesses present, reducing the substance to writing.
Under the BNSS, 2023, a significant new safeguard added to the provision on examination of the complainant requires that before cognizance is taken against a public servant for an offence alleged to be committed in discharge of official duties, the Magistrate must follow a particular procedure. What is that requirement?
aObtain prior sanction of the State Government
bRefer the matter to a Sessions Judge for opinion
cGive the public servant an opportunity of being heard and receive a report from the officer superior to the accused
dDirect a magisterial inquiry under Section 174
Answer: C
The first proviso to Section 223(1) BNSS (new in the 2023 Code) bars cognizance on a complaint against a public servant for acts in discharge of official duty unless the public servant is given an opportunity to be heard and a report is received from his superior officer on the facts and circumstances.
A complaint is made to a Magistrate not competent to take cognizance of the offence. Which course is correctly available to that Magistrate under the BNSS, 2023?
aHe must dismiss the complaint for want of jurisdiction
bHe must forward it to the High Court for transfer orders
cHe must take cognizance and then transfer the case after recording evidence
dIf the complaint is in writing, he shall return it for presentation to the proper court with an endorsement to that effect
Answer: D
Section 224 BNSS [old S.201 CrPC] provides that a Magistrate not competent to take cognizance shall, if the complaint is in writing, return it for presentation to the proper court with an endorsement, or if oral, direct the complainant to the proper court.
On a complaint, a Magistrate is doubtful and wishes to inquire into the case himself or have it investigated before deciding to issue process. Under which provision of the BNSS, 2023, and within what time-frame newly prescribed, may he postpone the issue of process and inquire/investigate?
aSection 225; inquiry or investigation report to be completed within fifteen days, extendable
bSection 225; inquiry to be completed within six months
cSection 223; no time limit prescribed
dSection 226; within thirty days
Answer: A
Section 225 BNSS [old S.202 CrPC] empowers postponement of issue of process for inquiry by the Magistrate or investigation by police; the BNSS proviso requires such inquiry/investigation to be completed within fifteen days (extendable for reasons recorded), a new time-bound feature.
Under the BNSS, 2023, an Executive Magistrate may, by a written order, direct a person to abstain from a certain act in cases of nuisance or apprehended danger. What is the maximum period for which such an order shall remain in force, and which authority may extend it?
aOne month; extendable by the State Government for a further period not exceeding six months in total
bTwo months from the making of the order; extendable by the State Government for a further period not exceeding six months in total
cThree months; extendable by the District Magistrate for any period
dSix months; not extendable under any circumstance
Answer: B
Section 163(6) BNSS [old S.144(4) CrPC] provides that no order under this section shall remain in force for more than two months from its making, but the State Government may, if it considers it necessary for preventing danger to human life, health or safety or to prevent a riot or affray, extend it for a period not exceeding six months in total.
Which provision of the BNSS, 2023 empowers an Executive Magistrate to issue an order in urgent cases of nuisance or apprehended danger, including ex parte where circumstances do not admit of serving notice in due time?
aSection 152
bSection 168
cSection 163
dSection 173
Answer: C
Section 163 BNSS [old S.144 CrPC] is the power to issue orders in urgent cases of nuisance or apprehended danger; sub-section (2) permits ex parte orders where the urgency does not admit of serving notice in due time.
A first-class judicial Magistrate, on receiving information that a person is likely to commit a breach of the peace, may require that person to show cause why he should not execute a bond for keeping the peace. Under the BNSS, 2023, for what maximum term may security for keeping the peace be required on such information (other than on conviction)?
aSix months
bTwo years
cThree years
dOne year
Answer: D
Section 127 BNSS [old S.107 CrPC] allows an Executive Magistrate to require security for keeping the peace for a period not exceeding one year where there is apprehension of breach of the peace or disturbance of public tranquillity (distinct from S.125/old S.106 which deals with security on conviction).
Under Section 126 of the BNSS, 2023 (security for keeping the peace on conviction), if the convicted person is sentenced to imprisonment, the bond requiring security shall be for a period not exceeding:
aThree years
bOne year
cTwo years
dFive years
Answer: A
Section 125 BNSS [old S.106 CrPC] empowers a court convicting a person of specified offences to order execution of a bond for keeping the peace for a period not exceeding three years.
The Supreme Court in Anuradha Bhasin v. Union of India (2020), interpreting orders under the predecessor of Section 163 BNSS, laid down which key safeguard regarding such orders?
aSuch orders can never be passed in anticipation of danger
bThe Magistrate must apply mind to material facts, the order must be reasoned, and it is subject to judicial review on grounds of proportionality
cOrders must be passed only by the District Magistrate, never by an Executive Magistrate
dSuch orders are wholly immune from judicial review once notified
Answer: B
In Anuradha Bhasin v. Union of India (2020) 3 SCC 637, the Supreme Court held that orders under S.144 CrPC (now S.163 BNSS) must be reasoned, demonstrate application of mind to material facts, be proportionate, and are amenable to judicial review.
Under BNSS, 2023, the appointment of an Executive Magistrate to be the District Magistrate of a district is made by which authority?
aThe High Court
bThe Sessions Judge
cThe State Government
dThe Central Government
Answer: C
Section 14(1) BNSS [old S.20 CrPC] empowers the State Government to appoint Executive Magistrates in every district and to appoint one of them to be the District Magistrate; Judicial Magistrates, by contrast, function under the High Court.
Under Section 26 of BNSS, 2023, dealing with the mode of conferring powers, from what point of time does an order empowering a person to exercise powers take effect?
aFrom the date the order is made
bFrom the date the order is published in the Official Gazette
cFrom the date the person assumes charge of the office
dFrom the date on which it is communicated to the person so empowered
Answer: D
Section 26(2) BNSS [old S.32(2) CrPC] provides that every order conferring powers shall take effect from the date on which it is communicated to the person so empowered, not merely from the date the order is made.
A Court of a Judicial Magistrate of the second class is trying an offence under BNSS, 2023. What is the maximum sentence of imprisonment such a court may pass?
aOne year
bSix months
cTwo years
dThree years
Answer: A
Section 23(3) BNSS [old S.29(3) CrPC] empowers a Judicial Magistrate of the second class to pass imprisonment not exceeding one year, or a fine not exceeding ten thousand rupees, or both.
An Assistant Sessions Judge, after a case is duly made over to him by the Sessions Judge, convicts the accused of an offence. What is the maximum term of imprisonment he can lawfully impose?
aImprisonment for life
bAny sentence authorised by law except death, imprisonment for life, or imprisonment exceeding ten years
cImprisonment not exceeding seven years
dAny sentence authorised by law including a sentence of death, subject to confirmation
Answer: B
Under BNSS s.22(3) [old CrPC s.28(3)], an Assistant Sessions Judge may pass any sentence authorised by law except death, imprisonment for life, or imprisonment for a term exceeding ten years; hence a murder case must not be made over to him.
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