Criminal Procedure (BNSS, 2023) Test 5 — Questions & Solutions
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Under the BNSS, 2023, the arresting police officer is required to bear an accurate, visible and clear identification of his name to facilitate easy identification, and to prepare a memorandum of arrest attested by a witness. Which section embodies this requirement?
aSection 36
bSection 35
cSection 37
dSection 43
Answer: A
Section 36 BNSS [old S.41B CrPC] requires the arresting officer to bear an accurate, visible and clear identification of his name, prepare a memorandum of arrest attested by a witness and countersigned by the arrested person, and inform the arrested person of his right to have a relative or friend informed.
The BNSS, 2023 for the first time expressly provides statutory recognition for the use of handcuffs by a police officer while making an arrest or producing an accused before court. Which provision governs this, and which category of offenders does it cover?
aSection 35(2) — all arrested persons without exception
bSection 43(3) — habitual/repeat offenders, those who escaped custody, and persons accused of organised crime, terrorism, drug offences, etc.
cSection 58 — only persons not produced within 24 hours
dSection 47 — only persons who refuse to disclose their identity
Answer: B
Section 43(3) BNSS (no direct CrPC equivalent) newly empowers a police officer to use handcuffs while arresting or producing a person before court, having regard to the nature and gravity of the offence, in cases of habitual or repeat offenders, escapees from custody, and persons accused of organised crime, terrorist acts, drug-related crimes, illegal possession of arms, murder, rape, acid attack, counterfeiting, human trafficking, sexual offences against children, or offences against the State.
Under Section 187 of the BNSS, 2023 (custody during investigation), the BNSS has altered the position relating to police custody as compared to the old CrPC. Which statement is correct?
aPolice custody can never exceed the first 15 days from arrest under any circumstances
bPolice custody is abolished and only judicial custody is permitted
cThe 15 days of police custody may be sought in parts during the first 40 or 60 days of the 60/90-day investigation period
dPolice custody may be granted up to a continuous 90 days for serious offences
Answer: C
Section 187(3) BNSS [old S.167 CrPC] permits a total of fifteen days police custody which, unlike the old law, may be authorised in parts during the initial 40 days (where total period is 60 days) or 60 days (where total period is 90 days) of the detention period.
Anticipatory bail under the BNSS, 2023 is governed by which section, and which of the following is a correct feature of that provision?
aSection 438; available only from the Court of Session, never the High Court
bSection 480; mandatory in all bailable offences
cSection 483; only the Magistrate may grant it
dSection 482; available from the High Court or Court of Session, with power to impose conditions
Answer: D
Section 482 BNSS [old S.438 CrPC] provides for direction for grant of bail to a person apprehending arrest (anticipatory bail), which may be sought from the High Court or the Court of Session, and the court may impose conditions as it thinks fit.
Under the BNSS, 2023, when a person is arrested without warrant, the obligation to forthwith communicate the grounds of arrest and (in a bailable offence) to inform the person of the right to be released on bail is contained in which section?
aSection 47
bSection 48
cSection 50
dSection 35
Answer: A
Section 47 BNSS [old S.50 CrPC] obliges the police officer arresting a person without a warrant to forthwith communicate the full particulars of the offence/grounds of arrest, and where the offence is bailable, to inform the person of his entitlement to be released on bail.
Section 48 of the BNSS, 2023 imposes an obligation on the police regarding intimation of an arrest. Which of the following best describes it?
aThe police must inform the nearest Magistrate of every arrest within six hours
bThe arresting officer must give information of the arrest and place of detention to a relative, friend or nominated person of the arrested person, and maintain an entry of who was informed
cThe police must publish the arrest in a local newspaper
dThe police need not inform anyone if the offence is non-cognizable
Answer: B
Section 48 BNSS [old S.50A CrPC] requires the arresting officer to forthwith give information about the arrest and place of detention to any relative, friend or other person nominated/disclosed by the arrested person, inform the arrested person of this right, and make an entry in the prescribed register of the person so informed.
A Magistrate is considering bail in a non-bailable offence under Section 480 of the BNSS, 2023. Which of the following correctly reflects the restriction on the Magistrate's power?
aA Magistrate may grant bail even where there appear reasonable grounds that the accused is guilty of an offence punishable with death or life imprisonment
bA Magistrate has no power to grant bail in any non-bailable offence
cBail shall not ordinarily be granted where reasonable grounds show guilt of an offence punishable with death or life imprisonment, but the proviso permits bail for persons under 16, women, or sick/infirm persons
dBail in a non-bailable offence can be granted only by the Sessions Court
Answer: C
Section 480(1) BNSS [old S.437 CrPC] bars bail where there appear reasonable grounds that the accused is guilty of an offence punishable with death or imprisonment for life, but the first proviso permits release of a person under sixteen years, a woman, or a sick or infirm person.
Section 58 of the BNSS, 2023 codifies the constitutional safeguard relating to detention after arrest. Which statement is correct?
aAn arrested person may be detained by police for up to 48 hours without producing him before a Magistrate
bThe 24-hour limit includes the time necessary for the journey to the Magistrate's court
cThe safeguard applies only to cognizable offences punishable with over seven years
dNo arrested person shall be detained by police for more than 24 hours (excluding journey time to the Magistrate) without a Magistrate's authority
Answer: D
Section 58 BNSS [old S.57 CrPC], reflecting Article 22(2) of the Constitution, mandates that no police officer shall detain an arrested person in custody for more than 24 hours, exclusive of the time necessary for the journey from the place of arrest to the Magistrate's court, without a special order of a Magistrate under Section 187.
Under the BNSS, 2023, where information about the commission of a cognizable offence is given by electronic communication, when is such information treated as duly registered?
aWhen it is taken on record on being signed by the person giving it within three days
bOnly after the Magistrate verifies the electronic record
cImmediately on receipt, no signature required
dOnly if simultaneously sent by registered post
Answer: A
The second proviso to Section 173(1) BNSS provides that information given by electronic communication (e-FIR) shall be taken on record on it being signed by the person giving such information within three days; there is no analogous provision under the old s.154 CrPC.
For a cognizable offence punishable with imprisonment for three years or more but less than seven years, Section 173(3) BNSS permits the officer in charge, with prior permission of a superior officer, to:
aRefuse to register any FIR until inquiry is complete
bConduct a preliminary enquiry within fourteen days to ascertain whether a prima facie case exists
cConduct a preliminary enquiry within thirty days before deciding on registration
dArrest the accused before registering the FIR
Answer: B
Section 173(3) BNSS (a new provision with no CrPC equivalent) allows, for offences punishable with 3 years or more but below 7 years, a preliminary enquiry within fourteen days, with prior permission of an officer not below DSP rank, to ascertain whether a prima facie case exists.
An informant approaches a Superintendent of Police aggrieved by a station officer's refusal to register information about a cognizable offence. Under the BNSS, 2023, the SP, if satisfied the information discloses a cognizable offence, shall:
aDirect the informant to file a private complaint before a Magistrate
bRegister the case only after recording the informant's statement on oath
cEither investigate the case himself or direct a subordinate to investigate
dRefer the matter to the Director General of Police for orders
Answer: C
Section 173(4) BNSS [old s.154(3) CrPC] empowers an aggrieved informant to send the substance of the information in writing by post to the SP, who, if satisfied a cognizable offence is disclosed, shall either investigate the case himself or direct an investigation by a subordinate.
Under the BNSS, 2023, for offences against women (e.g., under Sections 64-71 or 74-79 BNS) where the victim is temporarily or permanently mentally or physically disabled, the recording of her statement under Section 173 must be:
aDone by any male officer in the presence of two witnesses
bRecorded only before a Judicial Magistrate within 24 hours
cPostponed until a medical board certifies her competence
dVideographed and recorded with the assistance of an interpreter/special educator
Answer: D
The provisos to Section 173(1) BNSS (carried from the post-2013 CrPC amendments) require that information from a temporarily/permanently disabled victim of specified offences be recorded by videography and with the aid of an interpreter or special educator, and such recording is treated like a statement under s.183.
In a rape investigation, the victim's statement is to be recorded by a police officer. Under the BNSS, 2023, this statement must be recorded:
aBy a woman police officer or any woman officer at the victim's residence or place of choice
bBy any officer of or above the rank of Sub-Inspector
cOnly by the officer in charge of the police station
dOnly in the presence of a Magistrate
Answer: A
The proviso to Section 176(1) BNSS [old s.157(1) CrPC] requires that in offences under specified sections (including rape), the victim's statement be recorded by a woman police officer or any woman officer, at the victim's residence or a place of her choice and as far as practicable in the presence of her parents/guardian/social worker.
A statement made to a police officer in the course of investigation is reduced to writing under Section 180 BNSS. Regarding its evidentiary use, which is correct?
aIt may be used as substantive evidence of the facts stated
bIt may be used by the accused, and with the court's permission by the prosecution, only to contradict the witness
cIt can be used by the prosecution to corroborate the witness in full
dIt is inadmissible for all purposes including contradiction
Answer: B
Section 181 BNSS [old s.162 CrPC] bars use of police statements as substantive evidence; such a statement may be used only to contradict the maker per Section 148 BSA, by the accused, and with the court's permission by the prosecution.
Under the BNSS, 2023, when a police officer investigating a cognizable case requires the attendance of a witness who is a male under fifteen years of age or above sixty years, or a woman, the general rule is that such person:
aMust attend the police station like any other witness
bMay be summoned only through a Magistrate
cShall not be required to attend at any place other than the place of their residence
dNeed not be examined at all during investigation
Answer: C
The proviso to Section 179(1) BNSS [old s.160(1) CrPC] provides that a male under 15 or above 60, a woman, a mentally/physically disabled person, or a person with acute illness shall not be required to attend at any place other than the place in which they reside.
Under Section 193 BNSS, on completion of investigation the police report (charge-sheet) for an offence committed against a woman or child must, as a general rule, be completed within:
aSixty days from the date of recording the FIR
bNinety days from the date of arrest of the accused
cSix months from the date of registration of the FIR
dTwo months from the date of recording of information by the officer in charge
Answer: D
The proviso to Section 193(3) BNSS (a new timeline) requires that investigation in relation to specified offences against a woman or child (e.g., rape) be completed within two months from the date of recording of the information by the officer in charge of the police station.
A is charged with theft (a warrant case) but the evidence shows he committed criminal breach of trust, with which he was not charged. Under the BNSS, 2023, can he be convicted of criminal breach of trust?
aYes, because where the accused is charged with one offence and the facts proved reduce it to a different cognate offence, he may be convicted of the offence he is shown to have committed though not charged with it
bNo, conviction is barred for any offence not specifically charged
cYes, only if the accused expressly consents to the altered conviction
dNo, a fresh trial on a new charge is mandatory
Answer: A
Section 247 BNSS [old s.222(2) CrPC scheme] permits conviction for an offence shown by facts though not charged where the offences are cognate and no prejudice is caused, since the accused had notice of the matters in issue.
Regarding alteration of a charge during trial under the BNSS, 2023, which statement is correct?
aA charge once framed cannot be altered or added to in any circumstance
bAny court may alter or add to any charge at any time before judgment is pronounced, and the alteration or addition shall be read and explained to the accused
cA charge may be altered only by the High Court in revision
dAlteration of charge is permissible only before the accused pleads
Answer: B
Section 239 BNSS [old s.216 CrPC] allows any court to alter or add to a charge at any time before judgment, and every such alteration or addition must be read and explained to the accused.
Plea bargaining under the BNSS, 2023 is NOT available in which of the following situations?
aAn offence punishable with imprisonment up to five years
bAn offence not punishable with death or life imprisonment
cAn offence affecting the socio-economic condition of the country as notified by the Central Government, or an offence committed against a woman or a child below eighteen years
dAn offence where the accused has no prior conviction for the same offence
Answer: C
Section 289 BNSS [old s.265A CrPC] bars plea bargaining for offences punishable with death, life imprisonment or imprisonment exceeding seven years, offences affecting the socio-economic condition of the country, and offences against a woman or a child below eighteen years.
Which statement correctly describes who may initiate plea bargaining and how, under the BNSS, 2023?
aThe public prosecutor alone files the application on behalf of the accused
bPlea bargaining can be initiated suo motu by the court at the framing-of-charge stage
cThe complainant must file the application jointly with the accused
dThe accused himself must file the application for plea bargaining with an affidavit, after which the parties work out a mutually satisfactory disposition; the court cannot initiate it suo motu
Answer: D
Section 290 BNSS [old s.265B CrPC] requires the accused himself to file the application for plea bargaining (with an affidavit), after which the court issues notice and the parties work out a mutually satisfactory disposition; the court cannot initiate it suo motu.
Where plea bargaining results in conviction, the BNSS, 2023 directs that the sentence may be reduced. In the absence of any specified minimum sentence and where the court decides to award a sentence of imprisonment, what guidance does it give?
aThe court may sentence the accused to one-fourth of the punishment provided or extendable for that offence
bThe court must award the maximum sentence prescribed for the offence
cThe court may release the accused on probation only and never sentence to imprisonment
dThe court has no power to reduce the sentence below the statutory maximum
Answer: A
Section 292 BNSS [old s.265E CrPC] provides that where a minimum punishment is prescribed the court may award half of it, and in other cases one-fourth of the punishment provided or extendable for the offence, after considering probation/admonition benefits.
Under the BNSS, 2023, a judgment delivered by the court under the plea-bargaining chapter is:
aAppealable to the Court of Session as of right
bFinal, and no appeal shall lie against it except a special leave petition under Article 136 or a writ petition under Articles 226/227 of the Constitution
cSubject to automatic review by the High Court
dOpen to revision by the Sessions Judge within thirty days
Answer: B
Section 295 BNSS [old s.265G CrPC] declares the judgment under the plea-bargaining chapter final, with no appeal lying except a special leave petition (Art.136) or writ petition (Arts.226/227).
In a summons-case trial under the BNSS, 2023, which of the following accurately states the procedure on appearance of the accused?
aA formal charge must be framed and read over before the substance of the accusation is stated
bThe accused must be committed to the Court of Session before plea is taken
cThe particulars of the offence shall be stated to the accused and he shall be asked whether he pleads guilty or has any defence, but it is not necessary to frame a formal charge
dEvidence for the prosecution must be recorded before the accusation is put to the accused
Answer: C
Section 274 BNSS [old s.251 CrPC] provides that in summons cases the substance of the accusation is stated to the accused and his plea taken, without the need to frame a formal charge.
In a warrant case instituted on a police report under the BNSS, 2023, at the stage of framing of charge the Magistrate, upon considering the police report and documents and after hearing the parties, considers the charge against the accused to be groundless. What is the correct course?
aHe must frame the charge anyway and let the trial test it
bHe must commit the case to the Court of Session for decision on discharge
cHe shall acquit the accused after recording prosecution evidence
dHe shall discharge the accused and record his reasons for doing so
Answer: D
Section 262 BNSS [old s.239 CrPC] requires the Magistrate, in a warrant case on police report, to discharge the accused recording reasons if the charge is found groundless after considering the report/documents and hearing the parties; BNSS prescribes a sixty-day outer limit for filing the discharge application.
Q26BNSS new features (forensics, trial in absentia, summary trial, timelines)
After the conclusion of arguments in a sessions trial under the BNSS, 2023, within what time must the judgment of acquittal or conviction be delivered?
aAs soon as possible, within forty-five days, extendable to ninety days for recorded reasons.
bAs soon as possible, within thirty days, extendable to forty-five days for reasons to be recorded in writing.
cWithin fifteen days, with no extension permissible.
dWithin sixty days, extendable indefinitely.
Answer: B
Section 258(1) BNSS [≈ old s.235 CrPC] requires judgment to be given as soon as possible within thirty days of completion of arguments, extendable to forty-five days for reasons recorded in writing — a new timeline feature.
Q27BNSS new features (forensics, trial in absentia, summary trial, timelines)
Under the BNSS, 2023, in a case triable by the Court of Session, the charge against the accused must ordinarily be framed within —
athirty days from the date of first hearing on charge.
bninety days from committal.
csixty days from the date of first hearing on charge.
dfourteen days from cognizance.
Answer: C
Section 251 BNSS introduces a timeline requiring the charge in a sessions trial to be framed within sixty days from the date of first hearing on charge — a new feature with no CrPC equivalent.
Q28BNSS new features (forensics, trial in absentia, summary trial, timelines)
In a case of rape, the medical practitioner who examines the victim under the BNSS, 2023 must forward the medical report to the investigating officer within —
atwenty-four hours.
bthree days.
cthirty days.
dseven days.
Answer: D
Section 184 BNSS [≈ old s.164A CrPC] introduces a timeline requiring the registered medical practitioner to forward the report of medical examination of a rape victim to the investigating officer within seven days.
Q29BNSS new features (forensics, trial in absentia, summary trial, timelines)
A Forensic Science Laboratory Director who prepared a DNA report has retired by the time of trial. Under the BNSS, 2023, how may the report be proved without the original author?
aThe court shall secure the presence of the successor officer holding that post to depose on the report, including through audio-video electronic means.
bThe report becomes inadmissible and must be excluded.
cThe prosecution must obtain a fresh report from a new expert.
dThe report is admitted only if the accused consents.
Answer: A
Section 336 BNSS (a new provision) allows the successor officer holding the post to depose on a report where the original expert has retired, died, been transferred or cannot be found, and permits such deposition by audio-video electronic means.
Q30BNSS new features (forensics, trial in absentia, summary trial, timelines)
Regarding the use of technology in criminal proceedings, the BNSS, 2023 provides that trials, inquiries and proceedings — including service of summons and examination of witnesses — may be held in electronic mode. This is principally enabled by —
aSection 105 BNSS.
bSection 530 BNSS.
cSection 176 BNSS.
dSection 356 BNSS.
Answer: B
Section 530 BNSS (a new feature) expressly permits all trials, inquiries and proceedings — including issuance and service of summons/warrants, examination of witnesses, recording of evidence and appellate proceedings — to be conducted in electronic mode using audio-video electronic means.
Under the BNSS, 2023, in an appeal against conviction, before an appellate court can enhance the sentence on its own, the proviso requires that:
aThe consent of the prosecutor must be obtained
bThe case must be remanded for retrial
cThe accused must be given a reasonable opportunity of showing cause against such enhancement
dThe matter must be referred to the Sessions Judge
Answer: C
Under Section 427 BNSS [old s.386 CrPC], the proviso requires that a sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement.
Under the BNSS, 2023, when a person is convicted at one trial of two or more offences and is sentenced to several terms of imprisonment, in the absence of any direction by the court the sentences shall:
aRun concurrently
bResult in only the longest sentence being served
cResult in only the shortest sentence being served
dRun consecutively, commencing one after the expiration of the other
Answer: D
Section 25 BNSS [old s.31 CrPC]: when a person is convicted at one trial of two or more offences, the sentences run consecutively unless the court directs them to run concurrently; the default is consecutive running.
Under the BNSS, 2023, the judgment in a criminal trial in a court of original jurisdiction must, as a rule for timely justice, be pronounced after conclusion of arguments within:
aThirty days, extendable to a maximum of forty-five days for reasons recorded
bSeven days, extendable by another seven days
cNinety days mandatorily
dNo fixed period is prescribed
Answer: A
Section 392(1) BNSS read with the BNSS scheme for timely judgments provides that judgment shall be pronounced within thirty days of conclusion of arguments, extendable to forty-five days for special reasons recorded in writing.
Under the BNSS, 2023, a person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge, or on a trial in which a sentence of imprisonment for more than seven years has been passed, may appeal to the:
aCourt of Session
bHigh Court
cSessions Judge
dSupreme Court directly
Answer: B
Section 415(2) BNSS [old s.374(2) CrPC]: any person convicted on a trial held by a Sessions Judge or Additional Sessions Judge, or on a trial in which a sentence of more than seven years has been passed, may appeal to the High Court.
Under the BNSS, 2023, when a death sentence is submitted to the High Court for confirmation, the High Court may direct further inquiry to be made or additional evidence to be taken upon any point bearing on the guilt or innocence of the convicted person. This power is found in:
aSection 415 BNSS
bSection 427 BNSS
cSection 408 BNSS
dSection 442 BNSS
Answer: C
Section 408 BNSS [old s.367 CrPC] empowers the High Court, in a death-confirmation reference, to direct further inquiry or the taking of additional evidence on any point bearing on the guilt or innocence of the convicted person.
Under the BNSS, 2023, the rule of finality of judgment provides that once a court has signed its judgment or final order disposing of a case, it cannot alter or review it except to correct a clerical or arithmetical error. This 'functus officio' principle is codified in:
aSection 392 BNSS
bSection 415 BNSS
cSection 442 BNSS
dSection 403 BNSS
Answer: D
Section 403 BNSS [old s.362 CrPC] provides that no court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.
Where the offence complained of is triable exclusively by the Court of Session, the proviso to the inquiry/investigation provision of the BNSS, 2023 mandates a particular step before the Magistrate proceeds. What must the Magistrate do?
aCall upon the complainant to produce all his witnesses and examine them on oath
bDirectly commit the case without examining witnesses
cForward the complaint to the police for FIR registration
dDismiss the complaint as not maintainable before a Magistrate
Answer: A
Under the proviso to Section 225 BNSS [old proviso to S.202 CrPC], if the offence is triable exclusively by the Court of Session, the Magistrate shall call upon the complainant to produce all his witnesses and examine them on oath before deciding on process.
After considering the statements on oath and the result of any inquiry or investigation, a Magistrate forms the opinion that there is no sufficient ground for proceeding. Under the BNSS, 2023, what is the correct course, and what is the key requirement?
aHe must acquit the accused by a reasoned judgment
bHe may dismiss the complaint, briefly recording his reasons
cHe must forward the complaint to the Director of Prosecution
dHe may dismiss it without recording any reasons
Answer: B
Section 226 BNSS [old S.203 CrPC] provides that if the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint and in every such case briefly record his reasons.
A Magistrate, having taken cognizance of an offence, is of opinion that there is sufficient ground for proceeding. The offence is a summons-case. Under the BNSS, 2023, what process shall he issue to the accused?
aA warrant of arrest in the first instance
bA proclamation under Section 84
cA summons for the attendance of the accused
dAn order of attachment of property
Answer: C
Section 227 BNSS [old S.204 CrPC] provides that where it appears there is sufficient ground for proceeding, the Magistrate shall issue summons in a summons-case and may issue a warrant (or summons) in a warrant-case for the attendance of the accused.
Under the BNSS, 2023, when process is issued under Section 227 in a case instituted upon a complaint, the issue of process is subject to a condition relating to witnesses. Which statement correctly reflects this?
aNo process fee is payable in any complaint case
bThe complainant must deposit the entire estimated cost of trial in advance
cProcess shall issue only after the accused pays the requisite fee
dNo summons or warrant shall issue against the accused until a list of prosecution witnesses has been filed
Answer: D
Section 227(2) BNSS [old S.204(2) CrPC] provides that no summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed.
In which of the following situations is the bar on taking cognizance most directly attracted, requiring a complaint in writing by the specified person/court before a Magistrate may take cognizance under the BNSS, 2023?
aAn offence punishable under Sections 206 to 223 of the BNS, 2023 (contempt of lawful authority of public servants), except on the complaint in writing of the concerned public servant
bAn offence of theft committed in a public market
cAny cognizable offence reported to the police
dAn offence of voluntarily causing hurt
Answer: A
Section 215 BNSS [old S.195 CrPC] bars cognizance of offences against public servants' lawful authority (BNS Ss.206-223) and certain offences relating to public justice and documents except on a written complaint by the public servant/court concerned; this is a principal statutory exception to the general cognizance power in Section 210.
Under Section 129 of the BNSS, 2023, an Executive Magistrate may require a person to execute a bond for good behaviour for the suppression of habitual offending. What is the maximum period of such security that may be demanded?
aOne year
bThree years
cTwo years
dFive years
Answer: B
Section 129 BNSS [old S.110 CrPC] deals with security for good behaviour from habitual offenders; under Section 131 BNSS [old S.111-112 read with S.117 CrPC framework] the maximum period for such a bond is three years.
Where a dispute concerning land or water likely to cause a breach of the peace exists, the BNSS, 2023 empowers an Executive Magistrate to pass an order and, if necessary, attach the subject of dispute pending decision of a competent court. This power is contained in:
aSection 163
bSection 152
cSection 164
dSection 168
Answer: C
Section 164 BNSS [old S.145 CrPC] empowers an Executive Magistrate to inquire into and decide disputes concerning land or water likely to cause a breach of the peace, and Section 165 BNSS [old S.146 CrPC] permits attachment of the subject of dispute in case of emergency.
In dispersal of an unlawful assembly under the BNSS, 2023, civil force may be used to disperse the assembly. The use of armed forces to disperse such an assembly is dealt with under which provision?
aSection 148
bSection 149
cSection 151
dSection 150
Answer: D
Sections 148-151 BNSS [old S.129-132 CrPC] govern dispersal of unlawful assemblies; specifically Section 150 BNSS [old S.131 CrPC] empowers certain officers to use armed forces to disperse an assembly when public security is manifestly endangered.
Under the BNSS, 2023, a person ordered to give security for keeping the peace or good behaviour who fails to do so by the date the order takes effect shall be:
aCommitted to prison, or if already in prison, detained, until the period for which the security is required expires or until he gives security
bReleased on personal bond automatically
cDischarged with a warning by the Magistrate
dFined an amount equal to twice the bond amount
Answer: A
Section 136 BNSS [old S.122 CrPC] provides that a person who fails to give security required by the order shall be committed to (or detained in) prison until the period of security expires or until he furnishes the security to the satisfaction of the court/Magistrate.
The Constitution Bench in Madhu Limaye v. Sub-Divisional Magistrate, Monghyr (1971) upheld the constitutionality of S.144 CrPC (now S.163 BNSS) but emphasised which limiting principle on its exercise?
aIt may be used to permanently settle private civil disputes between parties
bThe power is anticipatory and emergent and must be confined to urgent cases of apprehended danger, with the restriction being reasonable and not exceeding what the situation demands
cThe order need not be supported by any material facts
dThe order is final and cannot be revised or rescinded by the Magistrate
Answer: B
In Madhu Limaye v. SDM Monghyr (1970) 3 SCC 746, the Supreme Court held the power under S.144 (now S.163 BNSS) is constitutionally valid as an emergency/anticipatory power, but its exercise must be confined to urgent cases of apprehended danger and the restriction imposed must be reasonable and proportionate.
In a sessions division, who establishes the Court of Session and who appoints the Sessions Judge to preside over it?
aThe High Court establishes the Court and appoints the Sessions Judge
bThe State Government establishes the Court and appoints the Sessions Judge
cThe State Government establishes the Court, while the High Court appoints the Judge to preside over it
dThe High Court establishes the Court, while the State Government appoints the Judge
Answer: C
Under BNSS s.7 [old CrPC s.9], the State Government establishes a Court of Session for every sessions division, but the Judge presiding over it is appointed by the High Court; the Explanation clarifies 'appointment' here means posting, not the initial recruitment which remains with the Government.
Q48Constitution & powers of criminal courts
Following the separation of the judiciary from the executive, which of the following is NOT one of the classes of Criminal Courts that the Code provides shall exist in every State (besides High Courts and Courts constituted under other laws)?
aCourts of Session
bJudicial Magistrates of the second class
cExecutive Magistrates
dJudicial Magistrates of the third class
Answer: D
Under BNSS s.6 [old CrPC s.6], the classes are Courts of Session, Judicial Magistrates of the first and second class (Metropolitan Magistrates in metro areas under the old scheme), and Executive Magistrates; Magistrates of the third class were abolished by the Code.
Q49Constitution & powers of criminal courts
A Chief Judicial Magistrate convicts an accused. What is the maximum sentence of imprisonment he is empowered to pass?
aAny sentence authorised by law except death, imprisonment for life, or imprisonment exceeding seven years
bImprisonment for a term not exceeding three years
cImprisonment for a term not exceeding ten years
dAny sentence authorised by law except death and imprisonment for life
Answer: A
Under BNSS s.23(1) [old CrPC s.29(1)], a Chief Judicial Magistrate may pass any sentence authorised by law except death, imprisonment for life, or imprisonment for a term exceeding seven years; abolition of the specially-empowered Magistrate left the CJM to relieve the Sessions Court of 3–7 year offences.
Q50Constitution & powers of criminal courts
A Court of Session wishes to hold its sitting at a place within the sessions division other than the place ordinarily notified by the High Court, for the convenience of parties and witnesses. Which condition is essential for it to validly do so?
aPrior sanction of the State Government must be obtained
bBoth the prosecution and the accused must consent to holding the sitting at that place
cThe District Magistrate must certify that the venue is suitable
dOnly the accused's consent is required, the prosecution's view being immaterial
Answer: B
Under BNSS s.7(6) [old CrPC s.9(6)], where the Court of Session itself opts to sit at another place in the division for the convenience of parties and witnesses, it may do so only with the consent of both the prosecution and the accused; the High Court's own power to fix sitting places is not subject to this condition.
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