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BNSS MCQs Set-2
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1. A summon issued by a Court must be in:
a. writing
b. duplicate
c. signed by the presiding officer of the Court or other officer as directed by the High Court
d. all the above
2. How are the summons served?
a. By a police officer
b. By an officer of the court
c. By any authorized public servant
d. By any of the above
3. Under which Section of BNSS the summons may be served by leaving it with some adult member of the family of concerned person?
a. Section 62
b. Section 63
c. Section 66
d. Section 65
4. Under Bhartiya Nagarik Suraksha Sanhita, 2023 substituted service of summons can be made:
a. By affixing summons on the house
b. By a Registered Post
c. By Courier
d. None of it
5. In a criminal case service of summons can be made on the witness________.
a. only through police
b. only through bailiff
c. only both (a) and (b)
d. even by Registered Post
6. An arrest warrant in a criminal case shall be signed by
a. Chief Ministerial Officer
b. Head of Office
c. Presiding Officer of the Court
d. Authorized Officer
7. Point out incorrect answer-
The requisites of a valid warrant are:
a. It shall be in writing
b. It shall be signed by presiding officer of the Court
c. It shall bear the seal of the Court
d. It must state the name of the accused but address is not necessary
8. How long a warrant of arrest shall remain in force?
a. 6 years
b. 10 years
c. 12 years
d. Until executed or cancelled
9. The police officer shall bring an arrested person before the court without any delay. This is the mandate of
a. Section 78
b. Section 77
c. Section 75
d. Section 79
10. Under section 79 of BNSS a warrant of arrest may be executed
a. within the local jurisdiction of court issuing warrant
b. within the session division
c. at any place within the State
d. at any place in India
11. What does the expression "transit remand" denote?
a. It is a transfer of prisoner from one Jail to another
b. It is a transfer of criminal case from one Court to another
c. It is taking out an accused by police from one State to another State
d. It is taking out of the accused from Court to Prison.
12. Under which section of BNSS a person who is avoiding execution of a warrant may be proclaimed absconder?
a. Section 81
b. Section 83
c. Section 84
d. Section 85
13. Under Section 85(1)(a) of Bhartiya Nagarik Suraksha Sanhita, 2023, the court may Order:
a. proclamation for person absconding before attaching property
b. attachment of property of person absconding after proclamation
c. proclamation and attachment simultaneously
d. proclamation and attachment and attachment by separate order
14. Which one of the following group of sections of BNSS deals with proclamation and attachment?
a. Sections 88 to 85
b. Sections 84 to 89
c. Sections 82 to 90
d. Sections 80 to 86
15. Under which Section of Bhartiya Nagarik Suraksha Sanhita, 2023 a proclamation for person absconding may be issued?
a. Section 83
b. Section 84
c. Section 81
d. Section 80
16. Which of the following is correct statement of law as per Sections 84 and 85 of Bhartiya Nagarik Suraksha Sanhita, 2023?
a. The court may order attachment of property belonging to an accused before declaring him a proclaimed person under Section 84
b. The court may order attachment of property of a person after publication of a written proclamation under Section 84 requiring him to appear before it
c. The court may order attachment of property of a person regardless of whether or not he has been- declared proclaimed offender
d. None of the above
17. Penalty for non-appearance in a case where a declaration has been made under Section 84(4) of Bhartiya Nagarik Suraksha Sanhita, 2023 pronouncing a person as a proclaimed offender is provided under
a. Section 210 of the BNS
b. Section 209 of the BNS
c. Section 207 of the BNS
d. Section 206 of the BNS
18. Attachment of the property of the person absconding, can be:
a. issued after publication of the proclamation
b. issued before publication of the proclamation
c. issued simultaneously with the issue of proclamation
d. all of the above
19. What is the time limit prescribed within which claims and objections to attachment to be made under BNSS?
a. 6 months
b. 60 days
c. 1 year
d. 3 years
20. In order to compel appearance of a person who is absconding in spite of a warrant of arrest being issued against him, his property may be ordered to be attached simultaneously with issuance of a proclamation under Section 84 of Bhartiya Nagarik Suraksha Sanhita, 2023, provided that the court is satisfied that such person is
a. about to dispose of the whole or any part of his property.
b. about to remove the whole or any part of property from the local jurisdiction of the Court.
c. Either condition in (a) or (b) exists.
d. Both conditions in (a) and (b) co-exist.
21. Attachment of land paying revenue to the State Government of a ‘person absconding shall be made:
a. By taking possession
b. By appointing a receiver
c. Through Collector of the district where land is situated
d. By any other means deemed fit
22. Under Section 85 of Bhartiya Nagarik Suraksha Sanhita, 2023 any person other than the proclaimed offender can file objections relating to attachment of property. What will be the time limit from the date of attachment?
a. One year
b. One month
c. Six months
d. Three months
23. A proclaimed person whose property has been attached can claim the property or the sale proceeds on appearance within
a. 6 months of attachment
b. 2 years of attachment
c. 3 years of attachment
d. 1 year of attachment
24. Warrant may be issued in lieu or in addition to summons "Recording of reasons in writing" is a condition precedent.
a. Is this statement true
b. Is this statement not true
c. Depends on discretion of Court
d. There is no such provision
25. Every warrant of arrest shall remain in force until:
a. It is executed
b. Cancelled by court which issued it
c. It expires on its own
d. Only (a) and (b) are correct
26. Where the defendant is confined in a prison, the summons shall be delivered or sent to
a. the person concerned
b. the family of the person
c. the officer in charge of the prison for service on defendant
d. the advocate of the person
27. The Court may compel the attendance of any person to whom summons have been issued under the provisions of BNSS and for that purpose
a. issue a warrant, attach and sell his property
b. issue a warrant only
c. issue a warrant, attach and sell his property and order him to furnish security
d. issue a warrant, attach and sell his property and order him to surrender
28. Section 259 of Bhartiya Nagarik Suraksha Sanhita, 2023 lays down a special form of procedure as to the issue of liability to enhanced punishment in consequence of previous conviction. The section is applicable to trials before:
a. Court of Session only
b. Court of Judicial Magistrate only
c. Both (a) and (b)
d. Juvenile Justice Board only
e. None of these
29. Under Bhartiya Nagarik Suraksha Sanhita, 2023 in a warrant case instituted on police-report, the trial begins when
a. Charges are framed
b. Accused appears
c. Witnesses are examined
d. None of the above
30. In BNSS a charge is framed by the Magistrate on the basis of
a. Police report
b. Statements recorded under Section 190 BNSS
c. Police report and documents sent with it
d. Documents produced by the prosecution as well as the accused
31. In which Sections of the BNSS the trial procedure of Warrant cases in given
a. From Section 261 to 273
b. From Section 251 to 259
c. From Section 260 to 265
d. From Section 225 to 237
32. If the complainant is absent on the day fixed for the hearing of the warrant case, the Magistrate may discharge the accused if:
a. The proceedings have been instituted upon complaint.
b. The offence is non-cognizable or compoundable.
c. The charge has not been framed.
d. All of the above
33. When the Magistrate may, in his discretion, discharge the accused?
a. At any time before the charge has been framed and the complainant is absent on any day fixed for the hearing of the case
b. Offence is lawfully compounded or is not a cognizable offence
c. Both at any time before the charge has been framed and the complainant is absent on any day fixed for the hearing of the case and offence is lawfully compounded or is not a cognizable offence
d. At any time after the charge has been framed with respect to cognizable and compoundable offence.
34. An order of discharge:-
a. Is not a judgement
b. Is not a defence against fresh proceedings without fresh facts and better evidence
c. Take place after formal framing of charges
d. establishes innocence of accused
35. Hearing on sentence by a Magistrate is required, on conviction
a. in a summons trial case under Section 278(2) of BNSS
b. in a warrant trial case under Section 271(2) of BNSS
c. both (a) & (b)
d. neither (a) nor (b)
36. Compensation for accusation without reasonable cause can be awarded by the Magistrate
a. Under Section 380(3) of BNSS
b. Under Section 273 of BNSS
c. Under Section 187(2) of BNSS
d. Under Section 436-A of BNSS
37. What is not true?
"Magistrate may discharge the accused if complainant is absent on date of hearing" if offence is:
a. Compoundable
b. Non-cognizable
c. Before charge has been framed
d. Provision would be applicable for complaint case and police case both
38. In a warrant trial, after the charge is framed, the Magistrate can:
a. stop the proceedings under Section 281 BNSS
b. drop the proceedings
c. only acquit or convict the accused
d. stay the proceedings in proper cases
39. "If the complainant is absent on the day fixed for the hearing of the case, the magistrate may, in his discretion, discharge the accused in certain circumstances." In which one of the following circumstances the accused cannot be discharged?
a. When the charge has been framed
b. When the offence is compoundable
c. When the offence is non-cognizable
d. When the proceeding has been instituted on complaint
40. In the trial of summons case by a Magistrate:
a. Charges must be framed
b. Charges need not be framed
c. Charges can be framed provided accused does not object.
d. Only substance of accusation is to be stated
41. In a summons case, when the accused appears or is brought before the Magistrate, it shall not be necessary to:
a. State the particulars of the offence of which he is accused
b. Ask whether he pleads guilty
c. Ask whether he has any defence to make
d. Frame a formal charge
42. The procedure for summons cases is provided in the following Sections of Bhartiya Nagarik Suraksha Sanhita, 2023:
a. Section 260 to 265
b. Section 274 to 282
c. Section 238 to 250
d. Section 266 to 271
43. In a summons case, instituted on a complaint, the accused having been summoned is liable to be dismissed under Section 279 of BNSS
a. on account of death of the complainant
b. on account of non-appearance of the complainant
c. both (a) & (b)
d. neither (a) nor (b)
44. Which provision of Bhartiya Nagarik Suraksha Sanhita, 2023 deals with the 'withdrawal of complaint'?
a. Section 277
b. Section 278
c. Section 280
d. Section 259
45. An application filed under section 280 of Bhartiya Nagarik Suraksha Sanhita, 2023 is allowed, so the accused will be
a. Released
b. Discharged
c. Convicted
d. Acquitted
46. Withdrawal of complaint, results in the:
a. discharge of the accused in cases where the charge has not yet been framed
b. acquittal of the accused in cases where charge has already been framed
c. acquittal of the accused irrespective of whether the charge has been framed or not
d. none of the above
47. A Magistrate, under Section 282 of Bhartiya Nagarik Suraksha Sanhita, 2023 has the power to convert summons cases to warrant-cases relating to offence punishable for a term exceeding:
a. Six months
b. Three months
c. One year
d. Nine months
48. In the interest of justice a Magistrate has the power to try a summons case as a warrant case, wherein the offence to be tried thereunder is punishable with the imprisonment
a. exceeding 6 months
b. exceeding 4 months
c. exceeding 1 year
d. None of the above
49. In which of the following circumstances Magistrate has power to convert summon cases into warrant cases?
a. Without any ground
b. In the interest of justice
c. If prosecutor makes plea
d. None of the above
50. Under which provision of BNSS a court may convert summons case into warrant case?
a. Section 282
b. Section 208
c. Section 258
d. All the above
51. In every criminal trial, when the Magistrate finds the accused guilty, he shall pass the sentence after hearing the accused.
a. Right, without hearing the accused, no sentence can be passed
b. Wrong, it is not required in summons case
c. It is required only before sending the conviction warrant
d. Not required at all in any case
52. In which of the trials hearing of the accused an sentence is not necessary?
a. Trial before a Court of Session
b. Trial of warrant cases
c. Trial of summons cases
d. All of these
53. Stoppage of proceedings in a criminal case has the effect of:
a. acquittal in all circumstances
b. acquittal where the evidence of the principal witness has been recorded
c. discharge in all other cases where the evidence of the principal witness has not been recorded
d. both (b) and (c)
54. In which of the following trials under Bhartiya Nagarik Suraksha Sanhita, 2023 hearing of the accused on sentence is not necessary
a. in Session Trial
b. in trial of warrant case
c. in trial of summon case
d. in all of the above
55. In a summons case, at the time of appearance of the accused before the Magistrate, it is unnecessary to:
a. state the particulars of the offence of which he is accused
b. Frame a formal charge
c. Ask him whether he pleads guilty
d. Ask him whether he has any defence to make
56. Which of the following courts can try summarily offences mentioned in Section 283 of Bhartiya Nagarik Suraksha Sanhita, 2023?
a. Any Chief Judicial Magistrate
b. Any magistrate of the first class specially empowered by the High Court in this behalf
c. None of the above
d. All the above
57. The procedure for summary trial is provide in the following sections of the BNSS-
a. Section 251 to 259
b. Section 238 to 250
c. Section 283 to 288
d. Section 266 to 271
58. Which one of the following authorities is not entitled to try a case summarily under Bhartiya Nagarik Suraksha Sanhita, 2023?
a. Chief Judicial Magistrate
b. Judicial Magistrate of the First Class
c. 2nd Class Judicial Magistrate
d. None of the above
59. Which one of the following offence is triable summarily?
a. Wrongful restraint
b. Abducting in order to murder
c. House trespass
d. Offences not punishable with death, imprisonment for life or imprisonment for a term excluding two years
60. Which one of the following offences may not be tried summarily?
a. Offences punishable with imprisonment upto three years
b. Offences under Section 331(3) and 331(4) of BNS
c. Theft, under Sections 303, 305 and 306 of BNS where the value of the property stolen does not exceed two hundred rupees
d. Abetment of any of the foregoing offences
61. Which of the following cannot be tried summarily?
a. Those offences which are punishable for two years.
b. Those offences which are punishable for more than two years.
c. Offence of theft when value of subject matter of the theft is Rs. 150.
d. Offences under Section 331 BNS
62. Under Bhartiya Nagarik Suraksha Sanhita, 2023, who empowers the Judicial Magistrate second Class for summary trails?
a. The State Government
b. The High Court
c. The Sessions Court
d. Chief Judicial Magistrate
63. Under which one of the following Sections of Bhartiya Nagarik Suraksha Sanhita, 2023 Magistrate Second Class can conduct summary trial?
a. Section 282
b. Section 284
c. Section 285
d. Section 286
64. Under Chapter XXII of BNSS while adopting summary trial maximum punishment cannot be passed more than—
a. Two months
b. Three months
c. Four months
d. One month
65. Which one of the following offences cannot be summarily tried?
a. Grievous Hurt
b. Theft when the value of stolen property is below Rs. 20 thousand
c. Offences relating to Sections 331(3) and 331(2) of the BNS
d. Offence of abetment of the offences enumerated under Section 283 of Bhartiya Nagarik Suraksha Sanhita, 2023
66. A person accused of an offence may apply for a plea bargain in
a. In the Court in which his case is pending trial
b. In any Court
c. In the High Court
d. In the police station
67. In which of the cases a plea bargain cannot he effected:
a. where the offence is punishable with imprisonment exceeding 7 years
b. Where the offence is against a child below 14 years
c. where the offence is against a woman
d. all of the above
68. The offence affecting the socio economic condition of the country, to which plea bargaining is not applicable, shall be notified by:
a. The State Government
b. The Scheduled Castes/Scheduled Tribes Commission
c. The Human Rights Commission
d. The Central Government
69. The chapter of Plea Bargaining does not apply:
a. when the offence is punishable with Death
b. when the offence is punishable with Imprisonment for life.
c. to a Juvenile.
d. all the above
70. The Court application for plea bargaining by the accused, to satisfy itself that it is made voluntarily
a. Examines him in open Court
b. Examines him in Camera
c. Records his evidence on Oath
d. Seeks his affidavit
71. Whom of the following can move the court for plea bargaining?
a. The Police Officer
b. The complainant
c. Only the accused
d. Both the accused or the complainant.
72. The provisions of plea bargaining are applicable:-
a. to juvenile offenders
b. at appellate stage
c. where punishment is for more than 7 years imprisonment
d. after issuance of process under section 227
73. The statements or facts stated by an accused in an application for plea bargaining
a. can be used in any other case against the accused.
b. can be used in any other case against the accused only with the permission of the Court.
c. cannot be used for any other purpose except for the purpose of plea bargaining.
d. can be used for any other purpose.
74. Guidelines for mutual satisfactory disposition are covered under Section………of Bhartiya Nagarik Suraksha Sanhita, 2023
a. 291
b. 292
c. 293
d. 296
75. In case of plea Bargaining by the parties;
a. No judgement may be delivered by the court
b. Judgement may be delivered in private to the parties
c. Judgement shall be delivered in the open court
d. The bargain struck by the parties is to operate as the Judgement
76. Plea bargaining under Indian law implies:
a. bargain for declaration that the accused is innocent
b. bargain for dilution of the charge
c. bargain for lesser punishment or release on probation on accepting the charge
d. plea for lesser punishment and dilution of the charge
77. Right of an accused for plea bargaining in India relates to:
a. Fact bargaining
b. Charge bargaining
c. Sentence bargaining
d. All of the above
78. Benefits of Plea Bargaining cannot be given to an accused, if he has committed offence where:
a. punishment is below 7 years
b. offence relates to minor offences
c. offence relates to children below 14 years of age
d. offence relates to children above 14 years of age
79. Provisions regarding 'Plea Bargaining' are given under Bhartiya Nagarik Suraksha Sanhita, 2023
a. Chapter XIX
b. Chapter XXIII
c. Chapter XXII
d. Chapter XXII
80. Provisions of Chapter XXIII BNSS are not applicable to cases where the final report discloses:
i. offences punishable for death
ii. offences punishable for imprisonment of life
iii. offences punishable for a term exceeding seven years imprisonment
iv. offences punishable for a term exceeding three years imprisonment
Which of the following is correct:
a. (i), (iii) & (iv)
b. (ii), (iii) & (iv)
c. (i), (ii) & (iii)
d. (i), (ii), & (iv)
81. Under which Section Magistrate has power to issue 'commission' for examination of witness in prison?
a. Section 305
b. Section 306
c. Section 307
d. Section 308
82. Who can commute the sentence of imprisonment for life under the BNSS?
a. The appropriate Government
b. The President of India
c. The Governor of the State
d. The Central Government
83. Which provision requires that evidence must be taken in the presence of the accused?
a. Section 302 of BNS
b. Section 154 of BSA
c. Section 307 of BNSS
d. Section 308 of BNSS
84. The court can record demeanor of a witness under which section of Bhartiya Nagarik Suraksha Sanhita, 2023?
a. Section 315
b. Section 310
c. Section 318
d. Section 320
85. Which one of the following Sections of Bhartiya Nagarik Suraksha Sanhita, 2023 is related to "Interpreter is bound to interpret truthfully"
a. Section 308
b. Section 310
c. Section 315
d. Section 317
86. The provisions proving conviction is envisaged in which of the following Sections of BNSS?
a. Section 218
b. Section 332
c. Section 334
d. Section 344
87. The Section provides the procedure for proving previous conviction or acquittal
a. Section 353 of BNSS
b. Section 334 of BNSS
c. Section 295 of BNSS
d. Section 364 of BNSS
88. Under which provision of Bhartiya Nagarik Suraksha Sanhita, 2023 record of evidence in the absence of absconded accused can be done?
a. Section 335
b. Section 321
c. Section 224
d. Section 301
89. For the purpose of Bhartiya Nagarik Suraksha Sanhita, 2023 who from amongst the following, may determine the language of each Court in the State other than the High Court?
a. The High Court of the State
b. The Supreme Court of India
c. The State Government
d. The Legislative Assembly of the State
90. The power to determine the language or a subordinate court is with:
a. High Court
b. State Government
c. Central Government
d. State Government with the concurrence of the High Court
91. Match the following lists and tick the correct Code:
List-I List-II
A. S. 325 of BNSS 1. Report of Government Scientific Expert
B. S. 326 of BNSS 2. Evidence of Officers of Mint
C. S. 328 of BNSS 3. Deposition of Medical Witness
D. S. 329 of BNSS 4. Execution of Foreign Commission
Code:
A B C D
a. 1 2 3 4
b. 4 3 1 2
c. 4 3 2 1
d. 4 2 3 1
92. In a criminal trial, without producing the Chemical Examiner to the Government, the report given by him upon a thing duly submitted for analysis in the course of any proceeding under Bhartiya Nagarik Suraksha Sanhita, 2023:
a. Cannot be used as evidence
b. Can be used as evidence only in summons cases
c. Can be used as evidence
d. Can be used only to refresh memory of the investigation officer coming in evidence
93. Which of the following statements is/ are correct?
All evidence taken in the course of the trial or other proceeding must be taken in the presence of the
1. accused only.
2. accused and his pleader.
3. pleader of the accused, when the attendance of the accused is dispensed with.
4. accused, except as otherwise provided under Bhartiya Nagarik Suraksha Sanhita, 2023
Select the correct answer using the code given below:
a. 2
b. 1
c. 3 and 4
d. 4 only
94. All evidences taken in the course of trial shall be taken in the presence of the accused, except in the following circumstances.
a. A minor girl, victim of kidnapping.
b. An old person, witness of murder.
c. A minor girl, victim of rape.
d. A physically handicapped woman, victim of road accident.
95. A is tried for voluntarily causing grievous hurt and convicted. The victim subsequently dies. The State wants to try A for the offence of culpable homicide amounting to murder under BNS. Which one among the following is the correct legal position?
a. A cannot be tried for the second time under Section 336 of Bhartiya Nagarik Suraksha Sanhita, 2023
b. A was already convicted and punished and hence cannot be tried second time under the law
c. A can be tried for the second time for culpable homicide amounting to murder
d. A can be tried once again for the same offence that caused his death
96. Which Section is based on the maxim 'Nemo debet bis vexari pro una et eadem cause' i.e. a man shall not be twice vexed for one and the same cause?
a. Section 337
b. Section 301
c. Section 302
d. Section 303
97. Which one of the following sections of the BNSS provides that a person once convicted or acquitted shall not be tried again for the same offence?
a. Section 303
b. Section 20(3)
c. Section 337(1)
d. None of the above
98. Which section of BNSS provides protection against double jeopardy or autrefois convict?
a. Section 400
b. Section 403
c. Section 337
d. Section 301
99. Which of the following persons are entitled under Section 339 BNSS to conduct the prosecution of the case without the permission of the Magistrate:
a. Public Prosecutor
b. Government Advocate
c. Assistant Public Prosecutor
d. All the above
100. When an accused does not have sufficient means to engage pleader the Sessions Court may assign a pleader for his defense at the expense of the State. It is ensured by which Section of the BNSS?
a. Section 301
b. Section 341
c. Section 340
d. Section 305
101. Section 341 BNSS deals with-
a. Protection to accused against double prosecution for the same offence
b. Legal aid to the accused at State expenses
c. Withdrawal from prosecution
d. Order to release on probation of good conduct
102. In which one of the following Sections of BNSS provisions for free legal aid is made?
a. Section 339
b. Section 340
c. Section 341
d. Section 309
103. If an accused before a sessions court can't engage a pleader the court shall
a. Refer him to state legal service authority
b. Engage a pleader for him at state expenses
c. Proceed with the matter without council for accused
d. None of the above
104. Where it appears to the Court that the accused do not have sufficient means to engage a pleader, the Court shall assign a pleader for his defence at the expenses of the State. This provision is in:
a. Section 104
b. Section 144
c. Section 303
d. Section 341
105. Section 341 of Bhartiya Nagarik Suraksha Sanhita, 2023 provides for:
a. In certain cases making available a pleader to the accused at the expenses of State
b. Tender of pardon to accomplice
c. Power to adjourn proceedings
d. Power to proceed against other persons appearing to be guilty of offence
106. The court may assign a pleader to an accused in a trial when it appears to the court that the accused does not have…………means to engage one:
a. adequate
b. sufficient
c. proper
d. reasonable
107. Consider the following statements regarding legal aid to accused at State expenses:
Legal aid is
1. a right of the accused
2. charity by the State
3. available in trial before Sessions Court only
4. available in all trials
Which of the statements given above are correct?
a. 1 and 2
b. 2 and 3
c. 1 and 3
d. 2 and 4
108. Pardon may be tendered to an accomplice under Section 343 BNSS when:
a. He is not in a position to stand trial due to infirm health.
b. When he is declared insane.
c. He undertakes to make full and true disclosure of the facts relating to the offence.
d. All of the above.
109. When may an accomplice be tendered pardon under Section 343 of Bhartiya Nagarik Suraksha Sanhita, 2023?
a. Only at the stage of investigation
b. Only at the stage of enquiry
c. Only at the stage of trial
d. At any stage of enquiry or investigation or the trial
110. The provisions as contained in Section 343(2) BNSS in relation to pardon to an accomplice applies to any offence punishable with imprisonment which may extend to………or with a more severe sentence:
a. 2 years
b. 3 years
c. 5 years
d. 7 years
111. Any person, who has accepted a tender of pardon made under Section 343 or Section 344, has, either by willfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made. Who will certify this fact?
a. District Magistrate
b. Sessions Judge
c. Public Prosecutor
d. Chief Judicial Magistrate
112. When an accused person is pardoned under Section 343 of Bhartiya Nagarik Suraksha Sanhita, 2023, he
a. becomes a witness for the prosecution.
b. becomes an ordinary witness.
c. should be examined as a witness first in the trial court.
d. becomes a witness for the defence.
113. Under which Section of law the court has provision to direct tender of pardon to the accused before pronouncement of judgment?
a. Section 340
b. Section 344
c. Section 345
d. Section 310
114. Under Section 345 of BNSS an accomplice, who does not comply with the conditions of pardon, may be prosecuted and tried separately for the offence of giving false evidence, but with the sanction of the:
a. Chief Justice of the High Court
b. High Court
c. Sessions Court
d. State Government
115. Can a Magistrate inspect any place of the commission of offence during trial?
a. No, a Magistrate cannot be a witness under Section 347 of BNSS
b. No, a Magistrate is concerned only to the case of- prosecution under Section 347 of BNSS
c. Yes, Magistrate can inspect for the proper appreciation of evidence under Section 347 of BNSS
d. Yes, but inspection will not be a part of file.
116. Power under Section 348 of BNSS can be exercised by the Court
a. to recall any witness(es) already examined
b. to summon any witness who has been cited as a witness but not produced or examined before the evidence is closed
c. to summon any witness who has not been cited as a witness
d. all the above
117. Which of the following statements regarding Section 348 of Bhartiya Nagarik Suraksha Sanhita, 2023 is/are correct?
a. It confers the Court with a power to summon material witness or examine persons present.
b. It gives a discretion to the Court to examine the witness at any stage.
c. It compels the Court to examine a witness if his evidence appears to be essential.
d. All of the above are correct.
118. Under which section of Bhartiya Nagarik Suraksha Sanhita, 2023 a court at any stage of trial may recall and re-examine any person already examined?
a. Section 348
b. Section 349
c. Section 352
d. Section 355
119. Which statement is wrong
a. under Section 348 BNSS witnesses can be recalled at any stage
b. if the evidence of a person appears to be essential for the just decision of the case then the recording of the statement of the witness under Section 348 BNSS is mandatory
c. Aim of Section 348 BNSS is not to fill up gap of prosecution but to discover truth
d. All of the above is correct
120. Section 349 of Bhartiya Nagarik Suraksha Sanhita, 2023 empowers the Magistrate of First Class to
a. Summon material witness
b. Postpone or adjourn proceedings
c. Order person to give specimen signatures
d. Visit and inspect any place in which an offence is alleged to have been committed
121. A Magistrate under Section 349 of Bhartiya Nagarik Suraksha Sanhita, 2023 can order any person to:
a. To give specimen signatures
b. To give specimen handwriting
c. Either (a) or (b)
d. All of the above
122. Under Section 348 of BNSS a witness can be called
a. on the motion of the prosecution
b. on the motion of the defence
c. on its own motion by the court
d. All these
123. Statement of an accused is recorded
a. To give him opportunity to state his defence
b. To enable him to explain circumstances appearing in the evidence against him
c. To extract the truth from his mouth
d. To verify whether he can be released on probation.
124. Under Section 351 of Bhartiya Nagarik Suraksha Sanhita, 2023:
a. No oath shall be administered to the accused when he is examined.
b. The accused shall render himself liable to punishment by refusing to answer questions, or by giving false answers to them.
c. The answers given by the accused cannot be taken into consideration and put in evidence for or against him in any other inquiry/trial for any other offence.
d. Every error or omission in complying with Sec. 351 necessarily vitiates the trial.
125. When examined under Section 351 BNSS a circumstance incriminating the accused is not put to the accused for the explanation. The said circumstances cannot be used against the accused because:
a. It is inadmissible in evidence
b. It becomes irrelevant for purposes of evidence
c. Law mandates that it cannot be taken into consideration
d. All of the above
126. The court can put questions to the accused to explain any circumstances appearing in the evidence against him
a. only at his first appearance
b. only after prosecution evidence is over
c. at any stage
d. none of the above
127. Under Section 351 of BNSS, purpose of examination of accused is:
a. to enabling the accused personally to explain any circumstances appearing in the evidence against him
b. to enabling to accused to know his defence
c. to enabling to accused to know about the charges
d. all of the above
128. Which of the following statements is wrong:
a. oath may be administered to an accused before he is examined under Section 351 BNSS
b. an accused can be examined as a witness only on his request in writing
c. an accused can refuse to answer any question when he is examined under Section 351 BNSS
d. the court can put to the accused a question at any stage of the trial
129. During trial, statements of an accused person are recorded by the court under Bhartiya Nagarik Suraksha Sanhita, 2023 under
a. Section 346
b. Section 347
c. Section 351
d. Section 314
130. Under which section of Bhartiya Nagarik Suraksha Sanhita, 2023 an accused person can himself be a competent witness for the defence?
a. Section 311
b. Section 351
c. Section 353
d. Section 319
131. Whether an accused may be a competent witness in his own defence?
a. If he applies in writing on his own request
b. No
c. With the leave of Court of Session
d. With the leave of High Court
132. Section 353 of Bhartiya Nagarik Suraksha Sanhita, 2023 relate to the accused person as competent witness. With regard to this, which one among the following statements is not correct?
a. An accused can be compelled to adduce evidence by the court of law without any application in writing by him
b. The failure of accused to give evidence shall neither be subject to any comment by parties or court nor shall give rise to any presumption against him or any other person facing charges along with him at the same trial
c. Any person accused of an offence before criminal court shall be competent witness for the defence
d. A person accused of an offence may voluntarily give evidence on oath in disproof of charges made against him or any person charged together with him at the same trial
133. An accused having been called to examine himself on a request in writing:
a. must necessarily examine himself
b. has the liberty not to give evidence without giving rise to any presumption against him
c. has the liberty not to give evidence but in such a case a presumption arises against him
d. none of the above
134. In the case of an accused facing inquiry or trial though not of unsound mind but not capable of understanding the proceedings:
a. the court shall proceed with the inquiry or trial
b. the court shall not proceed with the inquiry or trial
c. the court may proceed with the inquiry or trial after obtaining necessary orders from the High Court
d. the court may proceed with inquiry or trial and in the case the same results in conviction, forward the proceeding to the High Court along with a report on which High Court shall pass such orders as deemed fit.
135. Under Section 358 BNSS a person may be added as an additional accused on the basis of the
a. documents relied on by the prosecution
b. supplementary report of the investigating officer
c. evidence adduced in the case
d. subsequent developments
136. The composition of an offence under section 359 BNSS shall have the effect of:
a. Conviction
b. Discharge
c. Acquittal
d. Finish the case
137. When the person who would otherwise be competent to compound an offence under Section 359 of BNSS is dead, then—
a. Offence cannot be compounded
b. Offence can be compounded by any eye witness
c. Offence can be compounded by the legal representative of such person without the consent of the court
d. legal representative of such person can compound the offence with the consent of the court
138. Offences of BNS other than mentioned in Section 359 of Bhartiya Nagarik Suraksha Sanhita, 2023 are:
a. not compoundable
b. compoundable with the permission of court
c. compoundable by the Court of Sessions
d. compoundable by the High Court
139. Compounding of offence under the provisions of Bhartiya Nagarik Suraksha Sanhita, 2023 results in that criminal case:
a. acquittal of accused
b. discharge of accused
c. acquittal only if the charges have been framed
d. discharge only if the charges have been framed
140. Classification of compoundable and non-compoundable offences has been provided under BNSS in:
a. First Schedule
b. Second Schedule
c. Section 321 BNSS
d. Section 359 BNSS
141. The offence committed under which section of BNS is not compoundable under section 359 of BNSS?
a. Section 130
b. Section 132
c. Section 135
d. Section 140
142. An offence of voluntarily causing grievous hurt by dangerous weapons or means as provided under Section 118 (2) of Bhartiya Nyaya Sanhita is:
a. Compoundable
b. Non-Compoundable
c. Compoundable with the permission of Court
d. None of the above
143. Offences in which a compromise can be arrived at between the parties are:-
a. bailable offences
b. non-cognizable offences
c. compoundable offences
d. non-compoundable offences
144. Who is the person competent to compound an offence of criminal trespass under Section 359 BNSS?
a. The person in possession of the property trespassed upon
b. Investigating officer
c. The person who gave the complaint of trespass
d. None of the above
145. Offences not covered under Section 359 of Bhartiya Nagarik Suraksha Sanhita, 2023 are:
a. Non-compoundable
b. Compoundable with the leave of Trial Court
c. Compoundable with the leave of Court of Sessions
d. Compoundable with the leave of High Court
146. Which one of the following offences may not be compounded by the persons mentioned in the third column of the table given under Section 359(1) of Bhartiya Nagarik Suraksha Sanhita, 2023:
a. Adultery
b. Bigamy
c. House trespass
d. Causing hurt
147. Which of the following offences is cognizable, non-bailable and non- compoundable:
a. voluntarily causing grievous hurt, punishable under Section 117 (2) BNS
b. attempt to murder punishable under Section 109 BNS
c. voluntarily causing hurt to extort confession, or to compel restoration of property, punishable under Section 120 (1) BNS
d. voluntarily causing grievous hurt on provocation punishable under Section 122 BNS
148. At any time before the Judgment is pronounced, prosecution of any person may be withdrawn with the consent of the Court by-
a. On whose instance first information report was recorded
b. Investigating officer of the case
c. Public Prosecutor or Assistant Public Prosecutor incharge of the case
d. Person aggrieved by the offence
149. Who can withdraw a case from prosecution under Sec. 360 BNSS?
a. The State Government
b. The Public Prosecutor Incharge of a case with the permission of the Court
c. The Public Prosecutor incharge of a case even without permission of the Court
d. All the above
150. Which section of Bhartiya Nagarik Suraksha Sanhita, 2023 provides that, the Public Prosecutor in charge of a case may, with the consent of the court at any time before the judgment is pronounced, withdraw from the prosecution of any person in respect of any offence for which he is tried?
a. Section 304
b. Section 359
c. Section 360
d. Section 313