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BNSS MCQs Set-4
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1. According to Section 514 BNSS no court shall take cognizance of an offence punishable with imprisonment for a term not exceeding one year:
a. after the expiry of one year
b. after the expiry of six months
c. after the expiry of three months
d. after the expiry of two years
2. Period of limitation for an offence punishable with a term of two years, as per section 514 of BNSS is
a. six months
b. one year
c. two years
d. three years
3. No court shall take cognizance of an offence after expiry of period of limitation which is
a. six months, if offence is punishable with fine only
b. one year, if punishable with imprisonment for a term not exceeding one year
c. 3 years, if punishable with imprisonment for a term exceeding one year but not exceeding 3 years
d. all of the above
4. Limitation Period under Section 514 of BNSS includes:
a. 6 months with fine only
b. 1 year with 1 year punishment
c. 3 years with Maximum 3 year punishment
d. All of the above
5. The period of limitation prescribed for taking cognizance of the offence punishable with imprisonment up to 3 years is
a. 1 year
b. 2 years
c. 3 years
d. 4 years
6. The period of limitation shall be six months for taking cognizance of the offence, if the said offence is
a. Punishable with fine only
b. Punishable with imprisonment for a term not exceeding six months
c. Punishable with imprisonment for a term not exceeding one year
d. Punishable with imprisonment for a term not exceeding one month
7. Period of limitation shall commence
a. From the date of the offence generally
b. From the date of knowledge, of the commission of the offence if. not known earlier
c. From the date of establishment of the identity of the accused if not known at the time of commission of the offence
d. All the above.
8. Under Bhartiya Nagarik Suraksha Sanhita, 2023, the date of commencement of the period of limitation has been provided under
a. Section 513
b. Section 514
c. Section 515
d. Section 516
9. In computing the period of limitation under Bhartiya Nagarik Suraksha Sanhita, 2023 in relation to an offence the day from which such period is to be computed:
a. shall be included
b. shall be excluded
c. shall either be excluded or included as per discretion of prosecution
d. shall either be excluded or included as per discretion of defence
10. In computing the period of limitation, the time during which:
a. Any person has been prosecuting with due diligence another prosecution in any court against the offender shall be excluded.
b. The period during which an offender is absent from India shall be excluded.
c. The period during which an offender is absconding/concealing himself, is excluded.
d. All of the above.
11. In computing the period of limitation the time during which
a. The accused avoided arrest by absconding has to be excluded
b. The accused remained absent from India has to be excluded
c. Both (a) & (b)
d. Neither (a) nor (b)
12. Under which Section of the BNSS any court may take cognizance of an offence, after the expiry of the period limitation?
a. Section 514
b. Section 515
c. Section 519
d. Section 471
13. Any court may take cognizance of an offence after expiry of the period of limitation, if it is satisfied on the facts and circumstances of the case that:
a. An attempt has been made to explain the delay.
b. It is necessary so to do in the interest of justice.
c. The State Government has given instructions for taking such cognizance.
d. In (a) and (b) both the conditions
14. Under which one of the following Sections of Bhartiya Nagarik Suraksha Sanhita, 2023 trial of cases can be taken before High Court?
a. Section 515
b. Section 520
c. Section 522
d. No trial before High Court
15. Where any judge or Magistrate is personally interested in a case, he shall neither try no commit for trial such case, nor shall hear any appeal in such case, provided
a. prior permission of High Court has been procured
b. prior permission of the Chief Justice of High Court has been procured
c. prior permission of its appellate court has been obtained
d. None of the above
16. Which one of the following sections of Bhartiya Nagarik Suraksha Sanhita, 2023 provides that "no Judge or Magistrate shall try any case in which he is personally interested"?
a. Section 519
b. Section 520
c. Section 525
d. Section 481
17. Inherent powers under section 528 BNSS can be exercised by:
a. Any Criminal Court
b. The Supreme Court only
c. The Court of Session and the High Court
d. The High Court
18. Under which Section of BNSS, inherent powers can be exercised by the High Court?
a. Section-528
b. Section-529
c. Section-482
d. Section-530
19. The accused mentioned in F.I.R. wants it to be quashed, he would approach the following one court
a. Only District Court
b. Only High Court
c. Only Supreme Court
d. All Court
20. In which case Supreme Court of India directed the High Courts to exercise jurisdiction under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023?
a. State of Haryana v. Bhajan Lai
b. Adalat Prasad v. Navin Jindal
c. Dinesh Dalmiya v. CBl
d. Dhananjay Chatterjee v. State of West Bengal
21. Under Section 528 BNSS, the High Court exercises:
a. Inherent powers
b. Appellate powers
c. Revisional powers
d. Review powers
22. Prisoner released before punishment is completed is called
a. Bail
b. Parole
c. Probation
d. Acquitted
23. Which one of the following combinations are not correctly matched?
1. Anticipatory bail - Section 480 of BNSS
2. Summary dismissal - Section 425 of BNSS
3. Appeal in case of acquittal - Section 417 of BNSS
4. Reference to High Court - Section 438 of BNSS
Select correct answer using the code given below—
Codes:
a. 1, 2 and 4
b. 1, 3 and 4
c. 1, 2 and 3
d. 2, 3 and 4
24. The case of Deena v. Union of India relates to:
a. capital punishment
b. hanging as mode of execution
c. long delay in execution of death sentence
d. hand cuffing
25. Which one of the following is not correctly matched?
a. Police to prevent cognizable offences Sec. 168
b. Power to arrest to prevent the commission of cognizable offence Sec. 170
c. Power to certain armed forces officers to dispense assembly sec 150
d. Arrest by Magistrate Sec. 42
26. Which one of the following is correctly matched?
a. Information in cognizable offence Sec 173
b. Police Officer's power to require Sec. 161
attendance of witnesses
c. Search by Police Officer Sec. 166
d. Cases to be sent to Magistrate when Sec. 171
evidence is sufficient
27. Find correct match-
A. Anticipatory bail 1. Sec.-480,
BNSS
B. Summary Dismissal 2. Sec-425,
of appeal BNSS
C. Appeal in case of 3. Sec.-417,
acquittal BNSS
D. Reference to High 4. Sec-438,
Court BNSS.
Select correct answer using the codes given below:
Codes:
a. A, B and D
b. B only
c. A, B and C
d. C and D
28. Reasons for non-applicability of some of the provisions of Bhartiya Nagarik Suraksha Sanhita, 2023 to the State of Nagaland have been stated by the Supreme Court in—
a. State of Nagaland v. Rattan Singh
b. Maharaja Vikram Kishore of Tripura v. Province of Assam
c. Zarzoliana v. Government of Mizoram
d. State of Nagaland v. Chung
29. Mark the incorrect statement:
a. Section 358 of Bhartiya Nagarik Suraksha Sanhita, 2023 could not be invoked where the trial has not begun and no evidence has been recorded.
b. The power to proceed against a person not named as an accused is to be exercised sparingly and for compelling reasons.
c. The provisions of Section 358 of Bhartiya Nagarik Suraksha Sanhita, 2023 applies to all the courts including a Sessions Court.
d. None of the above.
30. Match List I with List II and select the correct answer using the codes given below the lists:
List I List II
a. Joinder of charges (1) Section
223, BNSS
b. Examination of complaint (2) Section
242, BNSS.
c. Cognizance of offence by (3) Section
Magistrate 144, BNSS.
d. Order for maintenance of (4) Section
wives, children and parents 210, BNSS.
(a) (b) (c) (d)
a. (1) (2) (4) (3)
b. (2) (1) (4) (3)
c. (1) (4) (3) (2)
d. (2) (1) (3) (4)
31. Delay in examining witnesses by investing officer does not ipso facto make prosecution version suspect. Investigating officer should be categorically questioned in aspect of delayed examination." was held in which of the following cases?
a. State of U.P. v. Satish
b. Megha Singh v. State of Haryana
c. State of NCT, Delhi v. Ravikant Sharma
d. Balakrishna v. State of Orissa
32. In which of the following cases it has been held that presence of a lawyer at the time of interrogation cannot be demanded as a matter of right;
a. Poolpandi and other v. Superintendent, Central Excise
b. Senior Intelligence Officer v. Jugol Kishore Samra
c. Both (a) and (b)
d. None of the above
33. Classification of summons case & warrant case
a. helps in determining the trial procedure to be adopted
b. helps to decide the question of issuance of process to the accused
c. helps in determining the investigation procedure to be adopted
d. (a) & (b) are correct
34. Any dispute relating to the possession of immovable property under Bhartiya Nagarik Suraksha Sanhita, 2023 is decided by the
a. Judicial Magistrate
b. High Court Judge
c. Session Judge
d. Executive Magistrate
35. Which of the following combinations are correctly matched?
1. Made by Magistrate : Investigation
2. Object is to collect evidence: Inquiry
3. Ordinarily second stage of a criminal case : Inquiry
4. It is not a judicial proceeding : Investigation
a. (1) and (2)
b. (2) and (3)
c. (3) and (4)
d. (2) and (4)
36. Match List-I with List-II and select the correct answer by using the codes given below the lists:
List-I List-II
A. Summary dismissal appeal (i) Section 359
BNSS
B. Anticipatory bail (ii) Section 425
BNSS
C. Abatement of appeals (iii) Section 482
BNSS.
D. Compounding of offences (iv) Section 435
BNSS.
A B C D
a. (ii) (iii) (iv) (i)
b. (i) (ii) (iii) (iv)
c. (ii) (iii) (i) (iv)
d. (iii) (iv) (ii) (i)
37. Which Supreme Court case discusses the law relating to narco-analysis, from amongst the following decided cases:
a. Ram Reddy v. State of Maharashtra
b. Selvi v. State of Karnataka
c. State of Bombay v. Kathi Kalu Oghad
d. Sharda v. Dharmpal
38. The direction to ensure that police officers do not arrest accused unnecessarily and magistrates do not authorize detentions casually were issued by the Supreme Court in the following case:
a. Arnesh Kumar v. State of Bihar
b. Lalita Kumari v. State of U.P.
c. Sumita Kumari v. State of Bihar
d. Anju Chaudhari v. State of U.P.
39. In which of the following cases the Supreme Court held that "The law does not mandate taking of prior permission for further investigation or carrying out further investigations even after filing of charge-sheet, it being a statutory right of Police".
a. State of A.P. v. AS. Peter
b. Balbir Singh v. State of Delhi
c. State of U.P. v. Farid Khan
d. Union of India v. Padam Narain Agarwal
40. In summon-cases and inquiries, memorandum is the only
a. Record of witness
b. Record of accused statement
c. Record of evidence
d. Record of all statements
41. In which of the following cases have the Supreme Court recently directed to upload online copy of FIR within 24 hours of lodging?
a. D.K. Basu v. State of West Bengal
b. Youth Bar Association of India v. Union of India
c. Thakur Ram v. State of Bihar
d. Cyan Singh v. State of Punjab
42. Maximum period for which under-trial can be detained
a. is decided by the court
b. not exceeding the maximum period of punishment for the said offence
c. not more than half of the maximum period of punishment for the said offence
d. none of the above
43. The main characteristic of Bhartiya Nagarik Suraksha Sanhita, 2023 is:
a. The separation of the Legislature from the Executive
b. The separation of the Judiciary from the Executive
c. The separation of the Revenue work from the Executive
d. To provide judicial powers to the Executive Magistrates
44. Under Bhartiya Nagarik Suraksha Sanhita, 2023 a magistrate can commit a case to Court of Session which is not exclusively triable by the Court of Session if it appears to him that the case is such that
a. Which could not be adequately punished by him
b. Some question of law of unusual difficulty is likely to arise
c. He has no jurisdiction to try the case
d. The case is one which ought to be tried by the Court of Session.
45. Assertion (A): The purpose of criminal law is to prevent crimes.
Reason (R): In certain situations even a private person can arrest another person.
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
46. Which of the following statements is not correct under Bhartiya Nagarik Suraksha Sanhita, 2023?
a. Where a private person or an authorized person has a right to arrest a person and hand him over to the custody of police, such private person can also make search of such arrested person
b. Enquiry and trial, both are included in judicial proceedings
c. Complaint may be made by any person and it is not necessary that the injured or the affected only should complaint
d. Charges are framed only in warrant cases there is no need to frame charge sheet in petty summons cases
47. Which one of the following is not correctly matched?
a. Conditional order for removal of nuisance-Section 152
b. Procedure where existence of public right is denied-Section 156
c. Dispute concerning right of use of land or water-Section 166
d. Power to issue order in urgent cases of nuisance or apprehended danger- Section 164
48. Mark the incorrect statement(s)
a. An inquiry into an offence never ends in a conviction on acquittal. At the most it may result in discharge or commitment of a case for trial by Magistrate
b. Trial is a judicial process whereas investigation is an administrative process
c. both (a) and (b)
d. none of the above
49. In which of the following cases, it has been laid down by the Supreme Court that where the version in the complaint case and the police report are totally different and contradictory, such cases should be tried separately—
a. Harinder Singh v. State of Punjab
b. Pal alias Palla v. State of U.P.
c. Suresh Chand Jain v. State of M.P.
d. Dilawar Singh v. State of Delhi
50. A, who had undergone detention during trial, has been sentenced to pay a fine of Rs. 1000/- and suffer simple imprisonment for one month in default of payment of fine. A fails to deposit the amount of the fine and is made to undergo imprisonment in default. A claims set-off. In this situation, A is
a. entitled to set-off as a matter of right
b. not entitled to set-off
c. entitled to set-off if the Court so orders specifically
d. not entitled to set off as the detention was not during investigation
51. The distinction between a police investigation ordered under Section 195 and the one directed under Section 248 of BNSS has been clearly brought out by the Supreme Court in—
a. Devarapalli Lakshminarayana Reddy v. N. Narayana Reddy
b. Smt. Nagawwa v. Veerama Shivalingappa Konjalgi
c. Kewal Krishnan v. Suraj Bhan
d. Dr. S.S. Khanna y. Chief Secretary
52. A magistrate can issue summons to an accused to appear before a police officer. The statement is
a. True
b. False
c. Partly correct
d. None of the above
53. On the non-completion of investigation i.e. failure of the prosecution to file charge sheet within the prescribed period of 90 or 60 days
a. The accused person is to be - discharged
b. The accused person shall be released on bail if he is prepared to and does furnish bail
c. The accused person shall be released on bail as of right and no application for release on bail need be made
d. The right of the accused person to be released on bail could be defeated by the subsequent filing of the charge sheet under any circumstance
54. The classification of offences into bailable and non-bailable has been given in Bhartiya Nagarik Suraksha Sanhita, 2023, under
a. The 1st Schedule
b. The 2nd Schedule
c. Section 320
d. Section 482
55. What offence is bailable?
a. Mentioned as bailable offence in Schedule 1 of BNSS
b. All cases of summons trial
c. All non-cognizable offences
d. All cases which are not triable by session
56. Under the scheme of BNSS offences have been classified into bailable and non bailable, cognizable and non cognizable under
a. The first schedule
b. The second schedule
c. Section 320
d. Section 300
57. Which provision under Bhartiya Nagarik Suraksha Sanhita, 2023 prescribes the mode of execution of sentence of death that "The convict the hanged by the neck until he be dead"?
a. Section 413
b. Section 393(5)
c. Section 416
d. Section 414
58. The Supreme Court of India has recognized the presumption of innocence as a:
a. fundamental right
b. human right
c. statutory right
d. customary right
59. In which case, it was held that at the time of framing charge or taking cognizance, accused has no right to produce any material?
a. Anil Rail v. State of Bihar
b. State of Orissa v. Debendra Nath Padhi
c. Bani Singh v. State of U.P.
d. Pratap Singh v. State of Jharkhand
60. In which of the following cases it was held that the accused cannot use the diary? Neither the accused nor his counsel can requisition the case diary and they cannot claim to go through it?
a. State of U.P. v. Harish Chandra Singh
b. Madhu Limaye v. Union of India
c. Mukund Lai v. Union of India
d. J.M. Desai v. State of Bombay
61. Bhartiya Nagarik Suraksha Sanhita, 2023 is divided into:—
a. Chapter 37, Section 522
b. Chapter 39, Section 584
c. Chapter 38, Section 581
d. Chapter 39, Section 531
62. Form No. 33 of the Second Schedule of BNSS provides the format for framing of
a. Charges
b. Summons to witness
c. Warrant of execution of a sentence of death
d. Warrant after commutation of a sentence
63. Who may command any unlawful assembly to disperse?
a. Executive Magistrate
b. Judicial Magistrate
c. Officer incharge of a Police Station
d. Either (a) or (c) of the above
64. Amongst the following, who is not competent to use the civil force for dispersal of Assembly under Section 148 of BNSS—
a. Any judicial Magistrate
b. Any Executive Magistrate.
c. Officer-in-charge of police-station
d. Any police officer not below the rank of Sub-Inspector, in absence of Officer-in-charge of police station
65. Under which one of the following Section of Bhartiya Nagarik Suraksha Sanhita, 2023, armed forces can be used disperse assembly for maintaining of public security?
a. Section 133
b. Section 139
c. Section 144
d. Section 149
66. A conditional order for removal of public nuisance under Sec. 152 BNSS may be passed by:
a. District Magistrate only
b. Sub-Divisional Magistrate only
c. Executive Magistrate only
d. Any of the above Magistrates
67. Mark the correct answer:
The conditional order passed by a Magistrate under Section 152 of Bhartiya Nagarik Suraksha Sanhita, 2023 cannot be challenged in civil court. This statement is—
a. Wrong
b. Correct
c. Partly wrong
d. Partly correct
68. Who is authorized for removal of public nuisance?
a. Judicial Magistrate 1st Class
b. Judicial Magistrate IInd Class
c. Executive Magistrate
d. Sessions Judge
69. Under which Section of BNSS conditional order for removal of nuisance may be issued?
a. Section 149
b. Section 150
c. Section 152
d. Section 134
70. Who is empowered to pass an order under Section 152 of BNSS
a. Any Court
b. Any Police Officer
c. Executive Magistrate
d. Only D.M.
71. For invoking section 152 of BNSS where should be the inconvenience or invasion on:
a. public rights
b. public place
c. private place or private person
d. all of these
72. Under which Section of Bhartiya Nagarik Suraksha Sanhita, 2023, a District Magistrate or Sub-Divisional Magistrate may prevent environmental pollution?
a. Under Section 151
b. Under Section 152
c. Under Section 145
d. Under Section 107
73. If a person against whom an order under Section 152 of Bhartiya Nagarik Suraksha Sanhita, 2023 is made, appears and show cause against the order, the Magistrate shall
a. Take evidence in the matter as in a summon case
b. Take evidence in the matter as a warrant case
c. Take evidence in the matter as an extraordinary case
d. Take no evidence
74. Under what Section of BNSS a Magistrate may direct local investigation?
a. Section 158
b. Section 133
c. Section 145
d. Section 147
75. Under what appropriate Section, a Magistrate may issue an order of injunction?
a. Section 153
b. Section 161
c. Section 162
d. Section 165
76. Under Section 161 of BNSS a Magistrate is empowered to issue:
a. Injunction pending inquiry
b. Show cause notice
c. Notice of forfeiture of property
d. Order for local inspection
77. Consider the following statements:
1. Section 163 of Bhartiya Nagarik Suraksha Sanhita, 2023 is a wider and more general Section than Section 165 of Bhartiya Nagarik Suraksha Sanhita, 2023.
2. Section 163 of Bhartiya Nagarik Suraksha Sanhita, 2023 is discretionary whereas Section 165 of Bhartiya Nagarik Suraksha Sanhita, 2023 is mandatory.
Which one of the statements given above is/are correct?
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2
78. Order under Section 163 BNSS is amenable to writ jurisdiction on violation of any Fundamental Rights. This was held in case of:
a. Dibakar Naik v. Pushpalata Patel, (1997) 3 Crimes 107
b. Gopalachari v. State of Kerala, 1981 SCR 338
c. Gulam Abbas v. State of U.P., 1981 SC 2198
d. Shelam Ramesh v. State of A.P., (1999) 8 SCC 369
79. In which of the following cases Section 163 of Bhartiya Nagarik Suraksha Sanhita, 2023 has been held constitutionally valid by the Supreme Court?
a. Madhu Limaye v. S.D.M. Mangare
b. Nanak Chand v. Chandra Kishore
c. Superintendent of Central Prison v. Ram Manhor Lohiya
d. Mithilesh Kumar v. Bindh Wasni
80. A Magistrate has power to deal with urgent cases of apprehended danger or nuisance under
a. Section l60, BNSS
b. Section l63, BNSS
c. Section l65, BNSS
d. Section l50, BNSS
81. A group of militants of certain communal organization conducts training of members with arms in public place threatening public peace and safety. With regard to this, which one among the following statements is correct?
a. The police officer may pass order or public notice prohibiting conducting training with arms within the local limits of his jurisdiction
b. The judicial magistrate having jurisdiction over the area is authorized to pass any prohibitive order under the provisions of the BNSS
c. The District Magistrate may, if necessary, prohibit such activity - for preservation of public peace and safety by public notice or order
d. The District Magistrate may direct the police officer within local limits of his jurisdiction to pass prohibitive notice or order for preservation of public peace and safety
82. An Executive Magistrate may act even ex-parte under Section 163, Bhartiya Nagarik Suraksha Sanhita, 2023 if immediate prevention or speedy remedy is desirable
a. to prevent obstruction, annoyance or injury to any lawfully employed person.
b. to avoid danger to human life, health or safety
c. To avoid disturbance to pubic peace and tranquility, riot or affray
d. on any one or all off the above grounds
83. An order under Section 163 of BNSS.
shall remain in force for two months but can be extended by the State Government for not exceeding:
a. Three months
b. Six months
c. One year
d. As State Government may deem fit.
84. What is the purpose of Section 163 of Bhartiya Nagarik Suraksha Sanhita, 2023?
a. It seeks to enable the District Magistrate to prohibit any mass drill or mass training with arms in any public place.
b. It seeks to enable the Chief Secretary to prohibit any mass drill or mass training with arms in any public place.
c. It seeks to enable the Judicial Magistrate to prohibit any mass drill or mass training with arms in any public place.
d. It seeks to enable the State Government to prohibit mass drill or mass training with arms in any public place.
85. For what time order passed under Section 163 of Bhartiya Nagarik Suraksha Sanhita, 2023 remains effective?
a. One month
b. Two months
c. 15 days
d. Six months
86. Which one of the following cases is related to Section 163 BNSS?
a. Ram Avtar v. State of U.P.
b. State of Karnataka v. Parveen Togadia
c. Bhagwan Dutt v, Kamla Devi
d. Iqbal Ahmad v. State of U.P.
87. Consider the following statements:
1. The words in section 164 are mandatory
2. The words in section 164 are discretionary
3. The proceedings under section 126 can be converted under section 164
4. The proceedings under section 126 cannot be converted under section 164.
Which of the statements given above are correct?
a. 1 and 2
b. 2 and 3
c. 1 and 3
d. 3 and 4
88. Executive Magistrate can put a party in possession of immovable property
a. Upon the police report that a dispute in respect of such property is likely to disturb public peace.
b. If that party is dispossessed unlawfully
c. If the rival party denies to deliver possession of a property though such party is owner of it
d. None of the above
89. Proceedings under Section 164 of Bhartiya Nagarik Suraksha Sanhita, 2023 are initiated by the Executive Magistrate on the report of which of the following?
a. Judicial Magistrate
b. Police Officer
c. Revenue Officer
d. Complainant
90. "The object of proceedings under section 164 BNSS is to ward off danger of breach of peace and not to determine the title." It was observed in the case of:
a. Union of India v. Ajeebunissan Khatoon
b. Nandi Ram v. Chandi Ram
c. Roshan Lal v. State
d. Ramadhin v. Shyama Devi
91. In proceedings under section 164 BNSS prior possession is taken into consideration. What is that period:
a. Six months
b. Two months
c. One month
d. One year
92. What is the object of Section 164 of BNSS?
a. To prevent breach of peace
b. To finally settle the dispute relating to property
c. To settle the question of title
d. None of the above
93. Which of the following statement is not correct in respect of the proceedings under Section 164 of the Sanhita:
a. A Magistrate may make an order for proper custody or sale of crop or other produce, which is subject to speedy or natural decay, of the property in dispute without attaching it.
b. The affidavits not sworn in or affirmed before the Magistrate are inadmissible in evidence.
c. It is not necessary that at the time of the passing of the final order, apprehension of breach of peace should continue or exist.
d. A Magistrate must drop the proceedings immediately after filling of a Civil Suit by a party aggrieved by preliminary order.
94. Under sub-section (1) of Section 165 BNSS the Magistrate may attach the subject of dispute if:
a. It is movable
b. He decides that one of the parties was in possession of the said subject
c. He is unable to satisfy himself as to which of them was in possession of the subject of dispute
d. In relation to that a receiver is appointed by any civil court
95. Which of the following are disputes relating to land or water under section 164 BNSS?
a. Disputes regarding the right to collect rent in respect of immovable property
b. Dispute relating to possession of standing crops
c. Dispute in right to fishery
d. All of the above
96. Any dispute relating to possession of immovable property is decided by
a. Judicial Magistrate
b. Executive Magistrate
c. Either by Executive Magistrate or by Judicial Magistrate
d. Neither by Executive Magistrate nor by Judicial Magistrate
97. On a busy junction of road, a huge poster/banner installed by an, association is creating obstruction in traffic. Who from amongst the following, on having information, may remove such banner/poster by initiating proceedings under the provisions of Bhartiya Nagarik Suraksha Sanhita, 2023?
a. The District Judge
b. The Chief Judicial Magistrate
c. The sub divisional Magistrate
d. The Collector
98. Under which Section of Bhartiya Nagarik Suraksha Sanhita, 2023 police can arrest a person to prevent the commission of cognizable offence?
a. Section 145
b. Section 165
c. Section 170
d. Section 173
99. Under which of the following chapter of BNSS provisions for "Preventive Action of the Police" are provided:
a. Chapter X
b. Chapter XI
c. Chapter XII
d. None of these
100. Under the general principle of Criminal Law, the jurisdiction to try a person for an offence depends upon:
a. the place where such person is found
b. the place where crime is committed within local area
c. the nationality of the offender
d. none of the above
101. Ordinarily place of trial is:
a. Where the offence has been committed
b. Where the victim resides
c. Where the accused resides
d. Where the FIR is lodged.
102. 'X' sends an e-mail to 'Y' from Delhi threatening ‘Y’ that certain photographs showing ‘Y’ in a compromising position with a woman shall be posted on the net, if ‘Y’ does not pay Rs. 1,00,000/- to 'X'. ‘Y’ accesses the e-mail at his office in Kolkata. The offence can be inquired into or tried by a court at:
a. Delhi
b. Kolkata
c. Anywhere in India because the e-mail can be accessed anywhere in India
d. Both (a) & (b) above
103. Where two or more courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try the offence, the question shall be decided
1. if the courts are subordinate to the same High Court, by that High Court
2. by the High Court within the local limits of whose appellate criminal jurisdiction the accused resides, carries on business or is engaged in a gainful employment
3. if the courts are subordinate to the same High Court, by that High Court in consultation with the State Government concerned
4. if the courts are not subordinate to the same High Court, by that court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced
Which of the above are correct?
Code:
a. 1 and 2
b. 2 and 3
c. 1 and 4
d. 1,2, 3 and 4
104. An offence is committed by a British citizen on an aircraft registered in India. The offender may be dealt with under which provision of Bhartiya Nagarik Suraksha Sanhita, 2023?
a. Section 208
b. Section 210
c. Section 212
d. Section 222
105. An offence is committed outside India by a citizen of India such offence shall be inquired or tried in India with the previous sanction of:
a. Supreme Court
b. State Government
c. Central Government
d. Permission not needed
106. Cognizance of offence under Section 85 of BNS can be taken by a Court
a. on a police report
b. on the complaint of the person aggrieved
c. on the complaint of father/mother of the person aggrieved
d. all the above
107. A court of session can take cognizance of a criminal case for the offences punishable under the provisions of Bhartiya Nyaya Sanhita,
a. on an application of the complainant
b. on a request of the police
c. sue moto
d. only if the case is committed by a Magistrate
108. Which one of the following is true about the Sessions Court:
a. Can take cognizance without committal
b. Can take cognizance only on committal
c. Can take cognizance on the recommendation of District Magistrate
d. Can take cognizance provided the charge sheet is submitted by Superintendent of Police
109. Under Section 210 of Bhartiya Nagarik Suraksha Sanhita, 2023, cognizance of offence is taken by the
a. Judicial Magistrate
b. Session Judge
c. High Court
d. District Magistrate
110. A magistrate may take cognizance of an offence upon
a. his own knowledge
b. police report
c. receiving complaint
d. All of the above
111. Under BNSS Section 210(2) who may empower Magistrate of the Second Class to take cognizance of offences?
a. High Court
b. Court of Session
c. Chief Judicial Magistrate
d. None of the above
112. Which Court may take cognizance of offences under Section 210 of BNSS?
a. Any court
b. Any Magistrate of the first class
c. Any Magistrate of the second class specially empowered in this behalf
d. Both (b) or (c)
113. Non-compliance with the provisions under section 211 of Bhartiya Nagarik Suraksha Sanhita, 2023 where cognizance is taken by the magistrate under section 210(1) of Bhartiya Nagarik Suraksha Sanhita, 2023
a. vitiates the trial and the proceeding and will be wholly void.
b. is an irregularity curable under section 506 of Bhartiya Nagarik Suraksha Sanhita, 2023.
c. does not vitiate the trial unless it has caused prejudice to the accused.
d. amounts to waiver of his rights by the accused.
114. Under BNSS after committal of the case. Sessions Court found that another person against whom a prima facie case is made out from the materials contained in the case papers have not been included then
a. Sessions Court would have no alternative, but to wait till the stage under Section 358 of BNSS.
b. Sessions Court can issue summons under Section 213 on the basis of the records transmitted to him
c. Case should be remanded to the committal Magistrate for appropriate action
d. Direction should be given to Police to file separate charge sheet against additional accused.
115. The provisions of Section 215 of BNSS require
a. a complaint in writing
b. an oral complaint
c. either (a) or (b)
d. neither (a) nor (b)
116. Provision relating to the prosecution of public servants is given in—
a. Section 296 BNSS
b. Section 218 BNSS
c. Section 298 BNSS
d. Section 219 BNSS
117. Which one of the following Sections provides prosecution of judges under BNSS?
a. Section 195
b. Section 215
c. Section 218
d. Section 198
118. Section 218 BNSS affords protection to
a. Judges
b. Employees of public sector undertakings
c. Public servants
d. Both (a) and (c)
119. For taking cognizance of an offence committed by a public servant while acting in the discharge of his official duty, the essential requisite is—
a. Accused must be Gazette Officer
b. Accused must be within the jurisdiction of the Court
c. Previous sanction of the government is required
d. None of the above
120. No member of the Armed Forces of the Union shall be arrested for anything done in the discharge of his official duties except after attaining the consent of
a. the Defence Minister
b. the Finance Minister
c. the concerned State Government
d. the Central Government
121. Which 'Section' of Bhartiya Nagarik Suraksha Sanhita, 2023 provides for prosecution for offences against marriage?
a. Section 217
b. Section 218
c. Section 219
d. None of the above
122. Under Section 219 of Bhartiya Nagarik Suraksha Sanhita, 2023 no court can take cognizance of an offence against marriage (punishable under Chapter V, BNS) unless a complaint is made by:
a. The police.
b. The wife/husband.
c. Some person who is aggrieved by the offence.
d. All of the above.
123. 'G', a 17 years old girl, was married to 'H'. 'H' during the subsistence of the said marriage entered into another marriage with 'P'. The court may take cognizance for the offence of bigamy, if the complaint brought by
a. her father, mother, brother, sister, son or daughter or by her father's or mother's brother or sister.
b. any other person related to her by blood, marriage or adoption, with the leave of the court.
c. some other person on her behalf, with leave of court, but where there is a guardian appointed in her respect, then only after such guardian has been heard.
d. All of these.
124. Cognizance of the offence of defamation under Chapter XIX of the BNS can be taken
a. on a police report
b. on a complaint made by an aggrieved person
c. suo motu by the court
d. all of the above
125. When a case is instituted under section 222 of BNSS, the procedure of trial adopted in such a case is
a. Session trial
b. Trial of warrant case instituted on police report
c. Trial of warrant case instituted on otherwise than a police report
d. Summons trial
126. Taking cognizance is
a. a judicial function
b. an administrative function
c. a supervisory function
d. both (a) and (b)
127. In a Private Complaint case process can be issued against an accused after
a. Complaint in writing is presented to the Court
b. Complainant's statement on oath is recorded
c. The Magistrate is of the opinion that there is sufficient ground to proceed with the case
d. Police upon investigation submit a report that there is sufficient ground to proceed with the case
128. Sanction for prosecution of Judges and public servants shall not be required under Section 218 BNSS in case a Judge or a public servant is alleged to have committed
a. Voyeurism
b. Murder
c. Cheating
d. Kidnapping
129. Under Section 223 BNSS recording of pre-summoning evidence may be dispensed with if:
a. The complaint is supported by an affidavit of the complainant
b. The complaint is made in writing by a public servant
c. The Magistrate feels that ends of justice require pre-summoning evidence to be dispensed with.
d. None of the above
130. If a complaint in writing is made to a Magistrate who is not competent to take cognizance of the offence
a. he shall dismiss the complainant
b. he shall punish the complainant
c. he shall decide the complaint
d. he shall return it for presentation to the proper court with an endorsement to that effect
131. If it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session he under section 225 BNSS postponing the issue of process against the accused:
a. Shall commit the case to the court of Session
b. May direct an investigation to be made by a police officer
c. Shall call upon the complainant to produce all his witness and examine them on oath
d. Shall return the complaint for presentation to produce before the Court of Session
132. If it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, under Section 225 of Bhartiya Nagarik Suraksha Sanhita, 2023, while delaying the issue of process against the accused, the Magistrate:
a. May order for investigation by Police
b. Commit the case to Sessions Court
c. Examine the complainant and all his witnesses
d. Return the complaint for presentation before the Court of Session
133. Which one of the following statements is correct?
Dismissal of complaint under section 226 results are
a. bar to rehearing by the same Magistrate
b. bar to rehearing by any other Magistrate
c. bar to rehearing a fresh complaint on the same facts
d. no bar to rehearing a fresh complaint on the same facts
134. After dismissal of a complaint under Section 226, a fresh similar complaint on the same facts
a. is banned
b. Is not banned but will be entertained only in exceptional circumstances
c. Is not banned and will be entertained in all circumstances
d. Either (a) or (c)
135. Under which of the following sections of the BNSS the magistrate shall dismiss the complaint?
a. Section 215
b. Section 220
c. Section 226
d. None of the above
136. Recording of pre-summoning evidence may be dispensed with under section 223 of BNSS.
a. if the complaint is supported by the affidavit of the complainant
b. if the complaint is made in writing by a public servant in the discharge of his official duties
c. both (a) and (b) are correct
d. only (a) is correct but (b) is incorrect
137. Personal attendance of an accused can be dispensed with under the provisions of Section of the Bhartiya Nagarik Suraksha Sanhita, 2023:
a. 224
b. 225
c. 227
d. 228
138. Where the Court has dispensed with the personal attendance of the accused in Summons case, the Court may
a. through his counsel
b. by supplying questionnaire
c. dispense with his examination
d. must recall the order of dispensing attendance and make order to present in person for examination
139. Whether a person can send fine amount through postal department. Without appearing in the court in some petty offences, if yes under what provision:
a. Yes under section 228 BNSS
b. Yes under section 229 BNSS
c. Yes under section 210 BNSS
d. Yes under section 194 BNSS
140. In petty offences the accused may plead guilty________.
a. only in person
b. only through an advocate
c. only (a) and (b) both
d. above and also by transmitting plea through post or messenger
141. The maximum amount of fine specified in cases of petty offence under Section 229 of the BNSS is:
a. Rs. 1000
b. Rs. 3000
c. Rs. 5,000
d. Rs. 2,000
142. Special Summons under Section 229 of Bhartiya Nagarik Suraksha Sanhita, 2023 can be issued by
a. A Magistrate only
b. A Magistrate as well as the Court of Sessions
c. The Court of Sessions
d. The High Court
143. Under which Section of the following Bhartiya Nagarik Suraksha Sanhita, 2023 the accused shall be supplied the copy police report and other documents by the Magistrate?
a. Section 220
b. Section 225
c. Section 230
d. Section 208
144. Under Section 232 BNSS, which of the following cases can be committed to the Court of Sessions by a Magistrate, if it appears to the Magistrate that the offence is triable exclusively by the Court of Sessions?
a. A case instituted on a police report
b. A case instituted otherwise than on a police report
c. Both (a) & (b)
d. None of the above
145. Committal proceedings under Section 232 of BNSS are in the nature of
a. aid in investigation
b. inquiry
c. trial
d. either inquiry or trial
146. Section 233 of BNSS can be invoked
a. When there is a complaint case & police is also investigating the matter
b. When there is a complaint case but no police investigation is in progress
c. When there is a complaint case & the police has already completed the investigation & filed the final report
d. All of the above
147. Which Sections of Bhartiya Nagarik Suraksha Sanhita, 2023 provide for Trial before a Court of Session?
a. Sections 248 to 260
b. Sections 248 to 263
c. Sections 261 to 269
d. Sections 260 to 265
148. In every trial before a Court of Session, prosecution shall be conducted by:
a. the Sessions Judge
b. the counselor of accused
c. a public Prosecutor
d. none of these
149. Which of the following Sections does not provide for joinder of charges?
a. Section 219
b. Section 221
c. Section 222
d. Section 248
150. When does a trial commence in Warrant cases instituted on police report?
a. With issuance of process against accused
b. With submission of police report
c. On framing of formal charge by court
d. On the appearance of the accused pursuant to process issued by court
151. If the accused is not acquitted under Section 255 of BNSS then the Court calls upon him to enter on
a. His defence
b. His counsel
c. His version
d. His statement
152. Which one of the following orders can be passed after the trial of a case is over?
a. Only an order of acquittal
b. Only an order of conviction
c. Order of discharge
d. Either an order of acquittal or conviction
153. 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
154. A charge is framed by the Magistrate on the basis of
a. Police report
b. Statements recorded under Section 180 BNSS
c. Police report and documents sent with it
d. Documents produced by the prosecution as well as the accused
155. Point out the incorrect response under the, BNSS
a. Inquiry is conducted by a court
b. Inquiry is conducted after framing the charge
c. Inquiry is conducted prior to framing of charge
d. Inquiry is conducted by a magistrate