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BNSS MCQs Set-3
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There are 8 Sets of MCQs available for Bharatiya Nagarik Suraksha Sanhita, 2023 you are advised to explore all the sets :
1. Which Section of BNSS authorizes the Public Prosecutor to withdraw the prosecution?
a. Section 304
b. Section 358
c. Section 360
d. Section 323
2. Any Public Prosecutor or Assistant Public Prosecutor in charge of a case may before the judgement is pronounced, withdraw from the prosecution of any person. For this he has to take consent of:
a. Central Government
b. State Government
c. Court
d. All of the three
3. Who among the following may withdraw prosecution of any person at any time before the Judgment is pronounced?
a. The State Government
b. The Public Prosecutor
c. The aggrieved person
d. The Writer of F.I.R.
4. The Court, after the commencement of prosecution evidence, allows the Assistant Public Prosecutor to Withdraw the prosecution. The accused shall be:
a. Released
b. Discharged
c. Acquitted
d. None of the above
5. At any time before the Judgement is pronounced, prosecution of any person may be withdrawn with the consent of the Court by: —
a. A person filing F.I.R.
b. Investigation officer in the matter
c. Assistant public prosecutor or concerned A.P.P.
d. Victim of the crime
6. The withdrawal from the prosecution by the Public Prosecutor, in a case where a charge is required to be framed, before the charge has been framed shall have the effect of the accused
a. discharge
b. acquittal
c. release
d. composition with
7. At trial, it appears to the Magistrate that the case be ought to be tried by the Court of Sessions, in which Section of the Sanhita he shall commit the case?
a. 209
b. 362
c. 365
d. None of these
8. Besides section 232 of BNSS which other section also provides for committal of cases to the Sessions Court?
a. 315
b. 316
c. 362
d. 328
9. Whenever a Magistrate is of opinion, after hearing the evidence for prosecution and the accused, that the accused is guilty, and that he ought to receive a severe punishment, then such Magistrate is empowered to inflict, the Magistrate may forward the case to—
a. Session Judge
b. Chief Judicial Magistrate
c. District Magistrate
d. Concerned Police Station
10. A, B and C are charged for robbery and after trial convicted by 1st class Magistrate, thereafter whether for the same fact they can be charged and tried for dacoity:
a. Yes
b. No
c. Barred under section 300 BNSS
d. There will be illegality
11. In case where an inquiry, trial or other proceedings have been conducted in a wrong place:
a. The inquiry, trial or other proceedings shall be void ab initio
b. The inquiry, trial or other proceedings cannot be set aside as void unless it has occasioned in failure of justice
c. The inquiry, trial or other proceedings, cannot be set aside even if it has occasioned in failure of justice
d. Either (a) or (c)
12. A Magistrate shall inquire into the unsoundness of mind of the person against whom the inquiry is being held when the Magistrate has reason to believe that such person is of unsound mind and consequently incapable:
a. of undergoing any punishment.
b. of making his defence.
c. of conferring with his counsel.
d. to be his own witness.
13. When the accused is aggrieved by the report of the Clinical Psychologist as to his unsoundness of mind, he may prefer an appeal to:
a. Magistrate hearing the case
b. Court of Sessions
c. High Court
d. Medical Board
14. The provision in the BNSS which may be invoked by a civil court is Section
a. 349
b. 350
c. 379
d. 250
15. Discharge of offender on submission of apology is covered under Section…...... of the Bhartiya Nagarik Suraksha Sanhita.
a. 339
b. 458
c. 388
d. 387
16. In which case, the presence of accused may be dispensed with at the time of delivering the judgement?
a. When the personal attendance of the accused has already been dispensed with
b. When the judgement is that of acquittal
c. In both (a) and (b) above
d. None of the above
17. Which one of the following Sections of Bhartiya Nagarik Suraksha Sanhita, 2023 deals with the language and contents of judgement?
a. Section 353
b. Section 393
c. Section 355
d. Section 356
18. A judgment contains
a. concise statement of the case
b. the points for determination
c. the decision on the points of determinations and the reason thereof
d. all the above
19. Under which section of Bhartiya Nagarik Suraksha Sanhita, 2023 a Court can order (when fine is not part of sentence) any amount to be paid by accused as compensation.
a. 395
b. 396
c. 397
d. 396
20. 'A' was acquitted of the charge for voluntarily causing grievous hurt by throwing acid on 'X', as the victim did not support the police version about involvement of 'A' in the incident, though grievous hurt by acid was proved. 'X' seeks compensation from the Trial Court. The Trial Court may
a. dismiss the claim because the accused was acquitted.
b. dismiss the claim because the victim turned hostile during trial.
c. consider making recommendation to the State Legal Services Authority for compensation to victim.
d. direct the accused to pay compensation to the victim on humanitarian grounds.
21. Under Section 396 BNSS which of the authority is authorized to decide quantum of compensation?
a. Sessions Judge
b. Chief Judicial Magistrate
c. District Magistrate
d. State or District Legal Service Authority
22. Which is the Section in the BNSS, providing Victim Compensation Scheme?
a. Section 298
b. Section 395
c. Section 396
d. Section 497
23. Under which of the following provisions of the BNSS, compensation is paid to groundlessly arrested person?
a. Section 357
b. Section 399
c. Section 358
d. Section 360
24. Every State Government…………..the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victims:
a. in collaboration with
b. in coordination with
c. in consultation with
d. None of above
25. Under Section 396(2) of Bhartiya Nagarik Suraksha Sanhita, 2023 which of the Authority is authorized to decide quantum of compensation?
a. Sessions Judge
b. Legal Service Authority
c. Chief Judicial Magistrate
d. District Magistrate
26. Which of the following cases has laid down that the name of the victim of sexual violence should not be indicated in the judgment—
a. Bhupinder Sharma v. State of H.P.
b. Tulshidas Kanolkar v. State of Goa
c. State of U.P. v. Devendra Singh
d. State of M.P. v. Balu
27. Consider the following:
At the conclusion of the trial, the court may make recommendation for award of compensation under Section 396 of BNSS……………
I. Where it is satisfied that compensation awarded under Section 395 is not adequate.
II. Where the case ends in acquittal or discharge and the victim has to be rehabilitated.
Choose correct answer using the code given below:
a. I only
b. II only
c. both I and II
d. neither I nor II
28. Under BNSS for which offence it is mandatory for all Government and private hospitals to provide first aid to the victim and inform the police of such incident:
a. Section 124 BNS
b. Section 66 BNS
c. Section 68 BNS
d. All of them
29. Magistrate by whom the case is heard may award such compensation, not exceeding
a. One hundred
b. Five hundred
c. Three hundred
d. One thousand rupees to be paid to any person groundlessly arrested by the person so causing the arrest.
30. What is the maximum default sentence that can be awarded in case of non-payment of compensation under Section 399 of Bhartiya Nagarik Suraksha Sanhita, 2023
a. 60 days
b. 30 days
c. 90 days
d. 120 days
31. Who may not be released on probation?
a. A person above the age of 21 years who is convicted of an offence punishable with an imprisonment for a term of 7 years
b. A person below the age of 21 years who is convicted of an offence punishable with life imprisonment
c. A woman who is convicted of an offence punishable with imprisonment of 10 years
d. None of the above
32. Which Section of BNSS provides that no court shall alter the judgement after it has been signed?
a. Section 401
b. Section 402
c. Section 403
d. Section 404
33. A Court, when it has signed its judgment or final order disposing of a case, may……….
a. correct a clerical or arithmetical error
b. alter findings of law
c. review findings of fact
d. alter or review ratio
34. As soon as the judgment or final order disposing of a case is signed:
a. Court may alter the sentence
b. Review the judgment
c. Correct a clerical error
d. May begin retrial of the case
35. Court imposed death sentence, certified copy of such judgement to death convict
a. Will be given when he desires
b. Will be given only on application
c. Will be given free of cost immediately whether or not he applies for
d. Will not be given in any case
36. In cases tried by the Court of Sessions or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of its or his finding and sentence, if any, to:
a. The Superintendent of Police in the area of whom the crime concerned was committed
b. The Police Station that conducted the investigation of the crime concerned
c. The High Court to which the trial court is subordinate
d. The District Magistrate within whose local jurisdiction the trial is held
37. Which one of the following courts has jurisdiction to release on probation of good conduct?
a. Trial court
b. Appellate court
c. Revisional court
d. All the above courts
38. Which Section of Bhartiya Nagarik Suraksha Sanhita, 2023 provides for confirmation by the High Court an order of death penalty passed by Session Court prior to it's execution
a. Section 407
b. Section 412
c. Section 405
d. Section 404
39. A sentence of death by a lower court
a. must be confirmed by High Court
b. must be confirmed by Supreme Court
c. must be confirmed by President
d. is operational if no appeal is made to High Courts
40. Sentence of death awarded by court of Sessions, the proceedings shall be submitted to confirmation before:
a. The State Government
b. The Central Government
c. The High Court
d. The Supreme Court
41. Which one of the following sections of BNSS provides power to the High Court to confirm sentence or annual conviction?
a. Section 407
b. Section 408
c. Section 409
d. Section 410
42. Which one among the following statements is not correct?
a. On conviction and award of death sentence the proceedings shall be submitted to the High Court for confirmation
b. In proceedings for confirmation of death sentence, the High Court cannot make further enquiry or take additional evidence except decide confirmation or annulment of sentence
c. Confirmation of death sentence can be decided by two or more judges of High Court
d. On confirmation or reversal of the order of death sentence by High Court, the High Court shall send a duly sealed and attested copy of order to the court of sessions
43. On being submitted the sentence of death by Court of Sessions, the High Court may
a. confirm the sentence
b. annul the conviction
c. may pass any other sentence warranted by law
d. all of the above
44. Which among the following statements is incorrect:
a. A death sentence imposed by a Sessions Court is subject to confirmation by the High Court.
b. A death sentence imposed by a Sessions court can be confirmed by the High Court only when a Bench consisting of two judges or more hears the case.
c. No confirmation of a death sentence imposed by the Sessions Court can be made before the expiry of the period for preferring the appeal.
d. The High Court cannot acquit the convict while considering the case for confirmation unless he prefers an appeal.
45. Which one of the following statements is correct?
On submission of death sentence for confirmation to the High Court, the confirmation of death sentence or any new sentence, or order shall be made passed and signed by at least
a. one judge
b. two judges
c. three judges
d. Full bench
46. Which one of the following sections of Bhartiya Nagarik Suraksha Sanhita, 2023 provides that "no appeal to lie unless otherwise provided"?
a. Section 413
b. Section 414
c. Section 415
d. Section 417
47. Under Section 413 of BNSS a victim-
a. can file an appeal against the order of acquittal
b. can file an appeal only after obtaining leave from the appellate court
c. has no right to file an appeal
d. should approach the District Magistrate and Public Prosecutor for filing an appeal
48. Under which Section of BNSS a Sessions Judge exercises power of appeal?
a. Section 414
b. Section 417
c. Section 418
d. Section 445
49. The appeal against an order of acquittal passed by the Court of Judicial Magistrate first class shall lie to:
a. The court of Chief Judicial Magistrate
b. The Court of Session
c. The High Court
d. The Supreme Court
50. Find out the correct answer:
a. Any person convicted on a trial held by a High Court in its extraordinary jurisdiction may appeal to the Supreme Court
b. Any person convicted on a trial held by a Session Judge may appeal to the Supreme Court directly
c. Any person convicted on a trial held by an Additional Session Judge may appeal to the Court of Session
d. Any person convicted on a trial held by an Assistant Session Judge may appeal to the High Court directly
51. Under which section of BNSS Session Court exercises power of appeal from convictions?
a. Sections 410
b. Sections 413
c. Sections 415
d. Sections 440
52. Any person convicted on a trial by an Additional Session Judge for an offence in which sentence of imprisonment is more than seven years may appeal to:—
a. Sessions judge
b. Chief Metropolitan Magistrate
c. High Court
d. Supreme Court
53. A has been convicted by a magistrate of the first class and was sentenced with imprisonment for a term of one month. Can A appeal?
a. No, A cannot appeal
b. A can appeal to the Sessions Court
c. A can appeal to the Chief Judicial Magistrate
d. A can appeal to the High Court
54. Where an accused is convicted by the Court of Sessions on the plea of guilty, then
a. he cannot appeal to the High Court
b. he can appeal to the High Court
c. he can appeal only as to the extent of sentence
d. he has appeal as to the extent or legality of sentence
55. There shall be no appeal by a convicted person where a Magistrate of the first class passes only a sentence of fine not exceeding—
a. One hundred
b. Two hundred
c. Three hundred
d. Two hundred and fifty rupees.
56. Which one of the following sections of Bhartiya Nagarik Suraksha Sanhita, 2023 deals with the provision that no appeal lies in petty cases?
a. Section 417
b. Section 416
c. Section 420
d. Section 378
57. Under BNSS there shall be no appeal by a convicted person where a Magistrate of 1st class imposes only sentence of fine not exceeding:
a. one hundred rupees
b. two hundred rupees
c. three hundred rupees
d. five hundred rupees
58. Which of the following conviction is appealable?
a. Conviction by a High Court in a case wherein accused pleaded guilty
b. Conviction in petty cases by High Court with a sentence of 4 months imprisonment
c. Conviction in petty cases by court of Session with a sentence of 4 months imprisonment
d. Conviction in petty cases passed by a Magistrate of the first class only with a fine of one hundred rupees
59. A victim cannot file an appeal against any judgement passed by the court:
a. where the court acquits the accused.
b. where the court convicts for a lesser offence.
c. where the court imposes inadequate compensation.
d. where the court imposes inadequate sentence.
60. Appeal for enhancement of sentence will lie before the court, when sentence has been awarded by Magistrate of 1st Class:
a. Before Court of Sessions
b. Before Supreme Court
c. Before High Court
d. Before Special Court
61. Appeal in case of acquittal by a Magistrate may lie in:
a. High Court
b. Sessions Court
c. C.J.M's Court
d. No appeal lie
62. The Judgment of acquittal passed by judicial magistrate is appealable before Sessions Court in any offence.
a. Cognizable and non-bailable
b. Cognizable and compoundable
c. Non-cognizable and non-bailable
d. Non-cognizable and bailable
63. Under Section 419[1] BNSS who can direct the 'Public Prosecutor, to present an appeal to the Court of Session from an order of acquittal passed by Magistrate in respect of a cognizable and non-bailable offence:
a. District Magistrate
b. Chief Judicial Magistrate
c. High Court
d. None of the above
64. In the context of section 419(4) of Bhartiya Nagarik Suraksha Sanhita, 2023, Karnataka High Court in Sarojatnma Huchegonder v. Eshwarappa held that the right.
a. under the provision is a personal right, and can be exercised only by the complainant and not by her legal representatives.
b. under the provision is not a personal right and can be exercised by legal representatives.
c. can be exercised only to clear the name of the accused person.
d. can be delegated.
65. In one trial A is awarded with the sentence which is not appealable whereas sentence against B is appealable. Whether A can file an appeal against his sentence?
a. No
b. Only with special leave
c. Yes
d. There is no such provision
66. The provision of Bhartiya Nagarik Suraksha Sanhita, 2023 which deals with the order of the High Court on appeal to be certified to lower court is contained in
a. Section 429
b. Section 430
c. Section 445
d. Section 456
67. When can a trial court release an accused on bail under Section 430(3) of BNSS after conviction?
a. Where accused is on bail and imprisonment is not exceeding 3 years
b. Where accused is on bail and imprisonment is not exceeding 5 years
c. Where accused is on bail and imprisonment is not exceeding 7 years
d. Where offence is exclusively bailable whether accused is on bail or not
68. The Supreme Court of India in the case of Navjot Singh Sidhu held that
a. a conviction cannot be suspended using Section 430 of Bhartiya Nagarik Suraksha Sanhita, 2023
b. a sentence cannot be suspended using Section 430 of Bhartiya Nagarik Suraksha Sanhita, 2023
c. a conviction can be suspended using Section 430 of Bhartiya Nagarik Suraksha Sanhita, 2023 but the petitioner needs to specifically draw the attention of the court to the consequences that may arise if the conviction is not suspended.
d. only a sentence can be suspended using Section 430 of Bhartiya Nagarik Suraksha Sanhita, 2023 but the petitioner needs to specifically draw the attention of the court to the consequences that may arise if the sentence is not suspended.
69. Under BNSS which of the following is correctly matched?
a. Procedure where judges of Court of appeal are equally divided—Section 433
b. Abatement of appeals—Section 435
c. Reference to the High Court— Section 396
d. Arrest of accused in appeal from acquittal—Section 391
70. If in a criminal appeal an accused dies and his near relatives wish to continue the appeal, then within how much period they must apply?
a. Four months
b. Three months
c. Sixty days
d. Thirty days
71. When the accused/appellant dies during the pendency of appeal, and his near relative wants to continue the appeal, then within what period he should apply for leave of the court to continue the appeal:
a. Four months
b. Three months
c. Sixty days
d. Thirty days
72. Which one of the following is not correctly matched:
a. Reference to High Court — Section 436
b. High Court's Power of Revision — Section 442
c. Abatement of Appeal — Section 438
d. Appeals from conviction — Section 415
73. Under which Section of BNSS, the provision for reference to High Court is given:
a. Section 434
b. Section 435
c. Section 436
d. Section 445
74. Under Bhartiya Nagarik Suraksha Sanhita, 2023 a reference can be made to
a. Supreme Court
b. High Court
c. Session Court
d. High Court or Session Court
75. When the High Court or any Sessions Judge calls for to examine the record of any proceeding before any inferior criminal court, it is known as:
a. Reference
b. Review
c. Revision
d. None of the above
76. Assertion (A): The provisions for reviewing the decision of a criminal court are essential for the due protection of life and liberty.
Reason (R): They are based on the notion that Judges and Magistrates are not infallible.
Code:
a. Both A and R are true and R is the correct explanation of A
b. Both A and R are true but R is not the correct explanation of A
c. A is true but R is false
d. A is false but R is true
77. Which of the following provisions deals with the power of the Sessions Judge of revision?
a. Section 401 BNSS
b. Section 400 BNSS
c. Section 420 BNSS
d. Section 440 BNSS
78. Which one of the following Sections of Bhartiya Nagarik Suraksha Sanhita, 2023 deals with High Courts' power of revision?
a. Section 395
b. Section 442
c. Section 399
d. Section 396
79. While exercising the power of revision under Bhartiya Nagarik Suraksha Sanhita, 2023, the High Court cannot
a. discharge the accused
b. acquit the accused
c. grant bail to the accused
d. convert a finding of acquittal into one of conviction
80. Which of the following courts can transfer a criminal case, pending in a court of one district, to a court of another district:
a. Court of Sessions of the district where such case is pending
b. Court of Sessions of the district where such case is sought to be transferred
c. High Court of the State
d. None of the above
81. Which one of the following is not correctly matched?
a. Reference to High Court Section 436
b. High Court's power or revision Section442
c. Abatement of appeal Section 434
d. Appeals from conviction Section 415
82. Which one of the following courts is not empowered to transfer criminal cases?
a. the Supreme Court
b. the High Court
c. the Court of Session
d. the Court of Special Magistrate
83. The power of the Supreme Court to transfer cases and appeals from one High Court to another High Court can be exercised under BNSS on an application of the following:—
a. Solicitor-General of India
b. Attorney-General of India
c. A party interested
d. Either (b) or (c) both
84. The power of the Supreme Court to transfer cases and appeals from one High Court to another High Court can be exercised on an application by which one of the following?
a. Registrar of the High Court concerned
b. Attorney General of India
c. Chairperson of the Bar Council of India
d. Solicitor-General of India
85. Which section of Bhartiya Nagarik Suraksha Sanhita, 2023 deals with the power of Sessions Judge to transfer cases and appeals?
a. Section 448
b. Section 409
c. Section 406
d. Section 407
86. If the Sessions Judge is of the opinion that there is ground for presuming that the accused has committed an offence, which is not exclusively triable by the Court of Session, he may order to transfer the case for trial by the C.J.M. or any other J.M.F.C.
a. After framing a charge
b. Before framing a charge
c. After recording of evidence
d. None of the above
87. Which Section of the Bhartiya Nagarik Suraksha Sanhita, 2023 has dealt with power of High Court to commit the sentence of death to life imprisonment on pregnant woman?
a. Section 456
b. Section 458
c. Section 436
d. Section 420
88. Whether sentence awarded in default of payment of fine can be set off under section 468 BNSS.
a. Yes
b. No
c. Half can be set off
d. One fourth can be set off
89. Under section 468, the period of detention undergone by a convict cannot be set off during:
a. investigation of the case
b. trial of the case
c. enquiry of the case
d. another case
90. Section 468 BNSS provides for concession to the effect that period of detention undergone by accused be set off
a. Against the substantive period of imprisonment awarded
b. Against the period of imprisonment in default of payment of fine
c. a & b above
d. None of the above
91. The sentence of an imprisonment for a term is not set off against the period of detention undergone by the person during trial of the same case when such a sentence:
a. is for the offence of rape
b. is for sedition
c. is in default of payment of fine
d. none of the above
92. Which Section of Bhartiya Nagarik Suraksha Sanhita, 2023 deals with the period of detention undergone by the sentence of imprisonment?
a. Section 425
b. Section 456
c. Section 467
d. Section 468
93. Which one of the following statements is correct?
Where a sentence of death has been commuted under section 475 into life imprisonment, such person shall not be released from prison unless he has undergone imprisonment for
a. twenty years
b. fourteen years
c. twelve years
d. ten years
94. Who can commute the sentence of imprisonment for life under Bhartiya Nagarik Suraksha Sanhita, 2023?
a. The appropriate Government
b. The President of India
c. The Governor of the State
d. The Central Government
95. Under Bhartiya Nagarik Suraksha Sanhita, 2023, every warrant for the execution of a sentence may be issued by:-
a. the Judge or Magistrate
b. Successor-in-office
c. Either by the Judge or Magistrate who passed the sentence, or his successor-in-office
d. All of the above
96. In a bailable offence, the bail is granted as a matter of right
a. by the police officer
b. by the court
c. Both (a) and (b)
d. Either (a) or (b)
97. In a bailable offence…………..
a. conditions can be imposed while granting bail by the police officer only
b. conditions can be imposed while granting bail by the court only
c. no condition can be imposed while granting bail by the police officer or the court
d. only reasonable conditions can be imposed by the court only
98. For the purpose of Section 478 BNSS a person arrested shall be
a. presumed to be an indigent person if that person is unable to give bail immediately after his arrest
b. presumed to be an indigent person if that person is unable to give bail within one week of his arrest
c. court shall not draw any such presumption
d. there is no question of drawing such presumptions as the offence is bailable and that person shall be released on bail even though he is unable to furnish sureties
99. Consider the following statements:
1. A court has no power to release a woman on bail if the offence is punishable with death or imprisonment for life.
2. An accused shall not be released on bail by a court if he had been convicted previously on two or more occasions of a cognizable offence punishable with imprisonment for three years or more.
3. Necessity for identification by witnesses during investigation shall not be sufficient ground for rejection of bail.
Which of the statements given above are correct?
a. 1, 2 and 3
b. 1 and 2 only
c. 2 and 3 only
d. 1 and 3 only
100. Under which section of BNSS a Police Officer can release an accused on bail in non-bailable case?
a. Section 336
b. Section 367
c. Section 478
d. Section 480
101. Anticipatory bail can be granted to a person apprehending arrest on accusation of having committed a non- bailable offence under…………..
a. Section 480 BNSS
b. Section 482 BNSS
c. Section 488 BNSS
d. Section 490 BNSS
102. Section 482 of BNSS can be invoked:
a. in cases of non-bailable offences
b. in cases of bailable offences
c. both (a) & (b)
d. neither (a) nor (b)
103. Anticipatory bail under Section 482 BNSS can be granted by
a. Metropolitan Magistrate
b. Court of Sessions
c. High Court
d. Both (b) and (c)
104. For which one of the following offences under Bhartiya Nagarik Suraksha Sanhita, 2023 application for anticipatory bail under Section 482 can be moved?
a. Bailable offence
b. Non-bailable offence
c. Cognizable offence
d. Non-cognizable offence
105. Bail to a person apprehending arrest
a. can be granted by the High Court or the Court of Session
b. can be granted by a Metropolitan Magistrate
c. is a matter of right
d. cannot be considered by any Court
106. On an application made by a person apprehending arrest on an accusation of having committed a non-bailable offence the High Court or the Court of Sessions may under Section 482 BNSS give the direction that:
a. He shall not be arrested till further order
b. He shall be released on bail without taking him into custody
c. In the event of such arrest he shall be released on bail
d. In the event of such arrest he shall be released on bail three days after the arrest
107. Jurisdiction to grant bail under Section 482 of the BNSS vests with:
a. The Court of Magistrate
b. The Court of Sessions only
c. The High Court only
d. The Court of Sessions and the High Court and not in the Court of Magistrate
108. Anticipatory bail under Section 480 of Bhartiya Nagarik Suraksha Sanhita, 2023 means:
a. A direction to release a person on bail issued after a person is arrested
b. A direction to release a person on bail issued even before a person is arrested or is in apprehension of arrest
c. A direction to release a person on bail from judicial custody
d. A direction to release a person on bail when he is in police custody after being arrested
109. Can anticipatory bail be granted in respect of bailable offences, and if so in what circumstances?
a. Anticipatory bail cannot be granted in bailable offences
b. Bail can be granted only in case the petitioner is a woman, a minor or a sick person
c. There is no distinction between bailable and non-bailable offences so far as anticipatory bail is concerned
d. None of the above
110. 'Anticipatory bail' implies:
a. that the accused gives an undertaking to the police officer that he will be available for investigation provided he is not arrested
b. the direction by the magistrate to the police officer not to arrest the accused
c. the direction by the Session's court or the High Court to the police officer to release on bail an accused alleged to have committed the non- bailable offence(s) in the event of his arrest on the terms and conditions which the court considers proper in the case
d. the direction by the High Court to the Session's court to release the accused immediately after arrest in a non-bailable offence
111. Which one of the following is a case relating to anticipatory bail?
a. D.K. Ganesh Babu v. P.T. Manokaran
b. Tama v. State of West Bengal
c. Dinesh Dalmia v. C.B.I.
d. Dimple Gupta v. Rajiv Gupta
112. Which one of the following case is related to anticipatory bail?
a. State of Haryana v. ]ai Singh
b. Gajanand Agarwal v. State of Orissa
c. Kalyan Chandra Sarkar v. Rajesh Ranjan
d. Joginder alias Jindi v. State of Haryana
113. Jurisdiction to release an accused on anticipatory bail is not with
a. High Court
b. Sessions Court
c. Chief Judicial Magistrate
d. Both (b) and (c)
114. In which of the following cases, the Supreme Court laid down the principles of granting Anticipatory Bail?
a. Gurbaksh Singh v. State of Punjab
b. Indira Gandhi v. Delhi Administration
c. Manuka Gandhi v. Delhi Administration
d. Lalu Yadav v. State of Bihar
115. Which of the following is the correct chronological order of the judgments, relating to Section 482 and delivered in—
1. Salauddin Abdulsamad Shaikh v. State of Maharashtra
2. Siddharam Satllingappa Mhetre v. State of Maharashtra
3. Sunita Devi v. State of Bihar
4. Gurbaksh Singh Sibbia v. State of Punjab
a. 1 2 3 4
b. 4 1 2 3
c. 4 1 3 2
d. 3 1 4 2
116. Bail amount fixed by a magistrate can be reduced by
a. The magistrate himself
b. The chief judicial magistrate
c. The High Court or the Court of Session
d. All of the above
117. A person is arrested and remanded to judicial custody for the offence of theft. He is in such custody for the last three and half years and his trial has not yet been commenced. Which of the following suggestions is correct in this case?
a. He shall be released unconditionally
b. He shall not be released unless a bail petition is moved on his behalf
c. He shall be released on bail only when he remained in custody for half of the maximum period of sentence provided for the offence
d. None of the above
118. Any condition imposed by a Magistrate when releasing any person on bail:
a. can be set aside or modified only by the Supreme Court
b. cannot be modified by any court
c. can be modified by Session Court or High Court
d. can be set aside only by Sessions Court
119. Pre-arrest bail is granted under
a. BNS
b. Code of Civil Procedure
c. International Convention of Human Rights
d. Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023
120. Whether any condition imposed by a magistrate when releasing any person on bail can be set aside or modified? If yes, by whom under which provision:
a. By High Court under section 528 BNSS
b. By High Court or court of sessions under section 483 BNSS
c. By Sessions Court under section 465 BNSS
d. No court can be set aside or modified such condition
121. The general rule in relation to fixing the amount of any Bond under provisions as to Bail and bonds of BNSS is that it should not be:
a. oppressive
b. unreasonable
c. excessive
d. meager
122. Penalty under the Surety Bond
a. Can be remitted in full or in part
b. Cannot be remitted
c. Can be remitted in full
d. Can be remitted in part only
123. Cash in lieu of surety bond can be permitted vide
a. Section 443 BNSS
b. Section 485 BNSS
c. Section 490 BNSS
d. Section 492 BNSS
124. An order passed by a Magistrate under Section 491 of Bhartiya Nagarik Suraksha Sanhita, 2023, is appealable to
a. Session Judge
b. District Magistrate
c. High Court
d. Supreme Court
125. Which of the following provisions of Bhartiya Nagarik Suraksha Sanhita, 2023 is not related to Appeal?
a. Section 486
b. Section 498
c. Section 496
d. Section 499
126. Assertion (A): Bail, not jail, is the general rule in bailable offence in India.
Reason (R): Personal liberty is the most cherished right of a human being.
Codes:
a. Both A and R are individually true and R is the correct explanation of A.
b. Both A and R are individually true but R is not the correct explanation of A.
c. A is true but R is false.
d. A is false but R is true.
127. The liability of a surety under the surety bond is:
a. Mutually exclusive of the liability of the accused under his personal bond.
b. Contingent on the liability of the accused under his personal bond.
c. Limited to the amount of the surety bond.
d. Both (a) and (c).
128. The term 'bail' signifies the conditional release of an accused or arrested person by the
a. Police during investigation, but not by the magistrate during enquiry.
b. Magistrate during inquiry, but not by the court during trial
c. Court during trial, but not during revision
d. Police Magistrate or court during investigation, enquiry or trial
129. Under Section 483 of BNSS the jurisdiction to cancel the bail vests with:
a. The Court of Sessions
b. The High Court
c. The Court of Magistrate
d. Only (a) &(b)
130. Which of the following is not correct regarding provisions of bail in case of non-bailable offences?
a. Bail may be granted, if the court concerned comes to the conclusion that prosecution has failed to establish a prima-facie case
b. Bail may be granted, if the court is satisfied that in spite of existence of a prima-facie case there is need to release such person on bail in view of facts and circumstances of case
c. Bail cannot be granted to an accused who may be required for being identified by witness during investigation
d. If the offence is punishable with death, imprisonment for life or imprisonment for 7 years or more, no person can be released on bail without giving an opportunity of hearing to the public prosecutor
131. Order passed under Section 497 BNSS is
a. an interlocutory order
b. a final order
c. both (a) and (b)
d. none of the above
132. Order for disposal of property, at conclusion of trial by Criminal Court. What is not correct?
a. By destruction
b. By confiscation
c. Delivery to any person claiming to be entitled to possession
d. By declaration of title of any person to the ownership of property
133. Order of disposal of property at conclusion of trial is passed under
a. Section 489 of BNSS
b. Section 498 of BNSS
c. Section 499 of BNSS
d. Section 501 of BNSS
134. A criminal court, at conclusion of trial, may order
a. restoration of possession of immovable property to the person who had been dispossessed there from by use of criminal force or by criminal intimation by the person convicted.
b. the destruction of pornographic material in respect of which conviction was recorded.
c. Both (a) and (b)
d. Neither (a) nor (b)
135. Sections 497 and 498 of BNSS essentially deal with disposal of property by the Criminal Court. The basic difference between the two is:
a. Both the provisions deal with release of property produced before the Court
b. Section 497 is attracted during enquiry of trial and Section 498 is attracted after conclusion of the Criminal Trial
c. There is no difference between the two provisions
d. None of the above
136. Under BNSS the period of limitation shall commence—
a. On the date of taking cognizance
b. On the date of offence
c. On the date of filing the complaint
d. None of the above
137. Irregularities which do not vitiate trial have been stated in
a. Section 506 of BNSS
b. Section 503 of BNSS
c. Section 508 of BNSS
d. Section 466 of BNSS
138. An irregularity by the Magistrate in which one of the following cases will not vitiate proceedings?
a. Making an order for maintenance
b. Demanding security for good behavior
c. Tendering pardon to accomplice
d. Trying an offence summarily
139. When will proceedings be vitiated if the Magistrate is not empowered to do so?
a. To issue a search warrant under Section 97 of BNSS
b. To hold on inquest under Section 196 of BNSS
c. Tries an offender summarily
d. To tender a pardon under Section 343 of BNSS
140. The proceedings before a criminal court are vitiated if the presiding magistrate who is not empowered by law to do so
a. issues search warrant erroneously but in good faith.
b. holds inquest under section 196 of Bhartiya Nagarik Suraksha Sanhita, 2023 erroneously but in good faith.
c. tries an offender summarily.
d. All of these
141. Which of the following irregularities of a Magistrate, not empowered by law to do so, vitiates the proceedings?
a. To hold inquiry under Section 196 Bhartiya Nagarik Suraksha Sanhita, 2023
b. To make over a case under Sub- Section (2) of Section 212 Bhartiya Nagarik Suraksha Sanhita, 2023
c. To take cognizance of an offence under clause (c) of sub-section (1) of Section 210 of Bhartiya Nagarik Suraksha Sanhita, 2023
d. To tender pardon to accomplice under Section 343 of Bhartiya Nagarik Suraksha Sanhita, 2023
142.Under Bhartiya Nagarik Suraksha Sanhita, 2023 the irregularities which vitiate trial have been stated in
a. Section 505
b. Section 507
c. Section 513
d. Section 515
143. Under Bhartiya Nagarik Suraksha Sanhita, 2023 what is effect of trial conducted in wrong place?
a. Vitiate itself
b. Vitiate if caused failure, of justice
c. Seriousness has to be seen
d. Is to be referred to Session Judge
144. Inquiry, Trial or other Proceedings conducted in wrong place
a. Cannot be set aside unless the same has resulted into failure of justice
b. Cannot be set aside even if the same has resulted into failure of justice
c. Makes them void ab initio
d. Either (a) or (b)
145. If the offence is punishable with fine only the period of limitation for taking cognizance of it shall be:
a. Three months
b. Six months
c. One year
d. Three years
146. No Court shall take cognizance of an offence punishable with fine only, after the expiry of the period of limitation of—
a. Two months
b. Three months
c. Ninety days
d. Six months
147. Three years period of limitation is prescribed for taking cognizance of the offence punish able with imprisonment for a term not exceeding—
a. One year
b. Three years
c. Five years
d. Seven years
148. The Bar of taking cognizance after lapse of period of limitation as stated in Section 514(2) of BNSS does not apply if the offence is punishable with imprisonment for a term exceeding………………years.
a. 2
b. 4
c. 3
d. 5
149. Point out incorrect response—
The period of limitation for taking cognizance of an offence shall be—
a. Six months if offence is punishable with fine only
b. One year, if the offence is punishable with imprisonment for a term not exceeding one year
c. Three years, if the offence is punishable with imprisonment for a term not exceeding one years but not exceeding three years
d. Five years, if the offence is punishable with death sentence
150. Period of limitation to take cognizance of an offence punishable for a term more than three years imprisonment is:
a. 90 days
b. one year
c. three years
d. no period of limitation is prescribed