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721. A man in a fake RPF uniform stops goods trucks near a railway yard and collects money for 'clearance'. Which BNS section on personating a public servant applies?
- A. Section 204
- B. Section 221
- C. Section 229
- D. Section 61
Answer: Section 204
Explanation: BNS s.204 (old IPC 170) punishes pretending to hold the office of a public servant and personating such a servant, while the extortion itself is separately punishable under s.308.
722. A panch witness knowingly gives false testimony at the trial in a Section 3 RP(UP) Act case. Which BNS section punishes giving false evidence in a judicial proceeding with imprisonment up to seven years?
- A. Section 229
- B. Section 238
- C. Section 204
- D. Section 217
Answer: Section 229
Explanation: BNS s.229(1) (old IPC 193) punishes false evidence in a judicial proceeding with up to seven years' imprisonment and fine; false evidence in other cases carries up to three years.
723. A scrap dealer merely blocks the doorway to stop the RPF team from entering his yard, without hurting anyone. Which BNS section on obstructing a public servant in the discharge of public functions is attracted?
- A. Section 309
- B. Section 121
- C. Section 221
- D. Section 331
Answer: Section 221
Explanation: BNS s.221 (old IPC 186) punishes voluntarily obstructing a public servant in the discharge of public functions (imprisonment up to three months or fine or both). Section 121 requires hurt.
724. During a raid, a suspect pelts stones at an RPF constable and causes hurt to prevent him from seizing stolen cables. Which BNS provision on voluntarily causing hurt to deter a public servant from his duty (old IPC 332) applies?
- A. Section 132
- B. Section 121(1)
- C. Section 303
- D. Section 316
Answer: Section 121(1)
Explanation: BNS s.121(1) punishes voluntarily causing hurt to deter a public servant from his duty with imprisonment up to five years or fine or both. Section 132 is mere assault or criminal force (up to two years).
725. A dealer buries stolen rail clips in a field and mixes them with scrap soil to avoid detection. Which BNS section deals with causing disappearance of evidence of an offence or giving false information to screen the offender?
- A. Section 238
- B. Section 204
- C. Section 221
- D. Section 229
Answer: Section 238
Explanation: BNS s.238 (old IPC 201) punishes causing disappearance of evidence or giving false information to screen the offender; the punishment depends on the gravity of the screened offence.
726. A group of railway staff and scrap dealers agree to steal and sell rail fittings. Under BNS Section 61(2), how is criminal conspiracy to commit an offence punishable with imprisonment of two years or more punished, where no express provision exists?
- A. Fine only
- B. Up to six months only
- C. Same as the principal offender's maximum doubled
- D. As if he had abetted the offence
Answer: As if he had abetted the offence
Explanation: BNS s.61(2)(a) punishes conspiracy to commit a serious offence (death, life or rigorous imprisonment of two years or more) in the same way as abetment of that offence; other conspiracies carry up to six months or fine or both.
727. Three railway employees and two scrap dealers jointly carried out repeated thefts of rail fittings and sold them. Which BNS provision on common intention (old IPC 34) makes each liable for the criminal act done by all in furtherance of the common intention?
- A. Section 45
- B. Section 3(5)
- C. Section 238
- D. Section 61
Answer: Section 3(5)
Explanation: BNS s.3(5) states that when a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if he alone did it. Section 61 is criminal conspiracy, s.45 abetment, s.238 disappearance of evidence.
728. A scrap dealer is acquitted of theft in a GRP case. The RPF later prosecutes him under Section 3 of the RP(UP) Act for possession of the same rails. Which BNSS section on 'autrefois acquit' determines whether the second trial is barred?
- A. Section 218
- B. Section 187
- C. Section 514
- D. Section 337
Answer: Section 337
Explanation: BNSS s.337 (old CrPC 300) bars retrial for the same offence, or on the same facts for any other offence for which a different charge might have been made. Since theft and unlawful possession are distinct offences with different ingredients, the bar does not apply; Article 20(2) requires the same offence.
729. The search of a closed railway godown for stolen goods is done after 10 PM under the RP(UP) Act. Is night search per se illegal?
- A. Yes, unless two women are present
- B. No; the Code has no general ban on night searches, but the search must follow the prescribed procedure and be recorded
- C. Yes, unless the Magistrate is present
- D. Yes; all searches must be between sunrise and sunset
Answer: No; the Code has no general ban on night searches, but the search must follow the prescribed procedure and be recorded
Explanation: There is no general bar on night searches in the Code; legality depends on the authority, reasons, independent witnesses and (under BNSS s.105) audio-video recording of the search.
730. Three persons are caught loading railway property into a handcart; one escapes. Can the other two be convicted under Section 3 even though the principal could not be traced?
- A. Yes; Section 3 focuses on the possession of those found, not on identifying the original thief
- B. No; the case must be dropped
- C. Yes, but only with a fine
- D. No; the original thief must always be convicted first
Answer: Yes; Section 3 focuses on the possession of those found, not on identifying the original thief
Explanation: The purpose of the Act is to reach those found in unlawful possession without requiring proof of who actually stole. Joint conscious possession by those caught is enough, provided each accused's possession is proved.
731. Under BNSS Section 47 (old CrPC 50), what must the arresting officer communicate to the person arrested?
- A. The sentence he is likely to get
- B. The identity of the complainant
- C. Full particulars of the offence and the grounds of arrest, and bail rights if the offence is bailable
- D. Only his name and rank
Answer: Full particulars of the offence and the grounds of arrest, and bail rights if the offence is bailable
Explanation: Section 47 mandates that the officer inform the arrestee of the full particulars of the offence and the grounds of arrest; for bailable offences he must also be told of the right to be released on bail.
732. A woman suspect is to be personally searched by an RPF team after arrest. What is the mandatory procedure?
- A. She must be searched only by a doctor
- B. No search is permitted
- C. Any male officer may search if two panchas are present
- D. The search must be made by another woman with strict regard to decency
Answer: The search must be made by another woman with strict regard to decency
Explanation: Where a search involves a woman, the Code requires it to be made by another woman with strict regard to decency; an officer who ignores this risks challenge to the recovery and departmental action.
733. A 66-year-old man is accused of an offence under Section 3 of the RP(UP) Act. The special rule in BNSS Section 35(7) requiring prior permission of a DSP-rank officer to arrest an aged or infirm person applies only if
- A. The person is a railway employee
- B. The offence is cognizable
- C. The offence is punishable with imprisonment of less than three years
- D. The offence is punishable up to seven years
Answer: The offence is punishable with imprisonment of less than three years
Explanation: BNSS s.35(7) protects the infirm or those above 60 years only where the offence is punishable with less than three years' imprisonment. Section 3 carries up to five years, so the rule does not apply, though Arnesh Kumar caution still does.
734. A truck driver is stopped carrying railway sleepers concealed under cement bags. He claims he only drives and does not know the load. Which factor is MOST relevant to whether his possession is 'conscious'?
- A. The colour of the truck
- B. Whether circumstances such as concealment, route and dealings show his knowledge of the load
- C. Whether the truck belongs to the Railways
- D. Whether he has a driving licence
Answer: Whether circumstances such as concealment, route and dealings show his knowledge of the load
Explanation: Possession needs knowledge. Concealment under other goods, an unusual route, night movement or payments to the driver can establish knowledge; a driver genuinely ignorant of a sealed load may rebut conscious possession.
735. A Station Master is lawfully issued a railway wireless set for official use and keeps it at his quarter. Is he guilty under Section 3?
- A. No; possession under official issue is lawful, and nothing is reasonably suspected to be stolen or unlawfully obtained
- B. Yes; he must prove issue within 24 hours
- C. Yes; no railway property may leave the station building
- D. Yes, because quarters are private premises
Answer: No; possession under official issue is lawful, and nothing is reasonably suspected to be stolen or unlawfully obtained
Explanation: Section 3 is triggered only when the property is reasonably suspected to have been stolen or unlawfully obtained. Possession under a recorded official issue defeats the foundational suspicion and is lawful possession in any event.
736. Does the prosecution need to prove the exact market value of the railway property in a Section 3 RP(UP) Act case to secure conviction?
- A. Yes; only property above Rs 1,000 is covered
- B. Yes; the Act applies only above a threshold value
- C. No; value is not an ingredient, though it may influence sentence and bail
- D. Yes; conviction fails without a valuation certificate
Answer: No; value is not an ingredient, though it may influence sentence and bail
Explanation: The ingredients of Section 3 are possession, railway property and reasonable suspicion of theft or unlawful acquisition; no monetary threshold exists. Value matters for sentencing and for judging gravity.
737. An RPF Inspector is accused of wrongful confinement while arresting a suspect in good faith under the Act. Which BNSS section requires prior sanction of the appropriate Government before a court takes cognizance?
- A. Section 105
- B. Section 187
- C. Section 482
- D. Section 218
Answer: Section 218
Explanation: BNSS s.218 (old CrPC 197) bars cognizance of offences alleged against a public servant not removable without government sanction, when the act is alleged to be done in discharge of official duty. The Union Government is the sanctioning authority for RPF personnel.
738. A witness's statement to the investigating officer is recorded under BNSS Section 180 (old CrPC 161). What is the rule regarding the witness's signature on it?
- A. The statement shall not be signed by the person making it
- B. The witness must sign every page in the presence of two panchas
- C. Signature is mandatory for admissibility
- D. Only an illiterate witness must sign
Answer: The statement shall not be signed by the person making it
Explanation: BNSS s.180(3) states that no statement made to the police in the course of investigation shall be signed by the person making it. It can be used only to contradict the witness at trial, not as substantive evidence.
739. An RPF officer apprehends a child in conflict with law. Under Section 10 of the Juvenile Justice Act, 2015, the child must be produced before the Juvenile Justice Board within what time?
- A. Within 24 hours, excluding travel time
- B. Within 7 days
- C. Within 48 hours
- D. Within 15 days
Answer: Within 24 hours, excluding travel time
Explanation: The child must be placed with the child welfare police officer or SJPU and produced before the Board within 24 hours of apprehension (excluding journey time); he must not be put in a police lock-up or jail and cannot be handcuffed.
740. A 16-year-old is apprehended with stolen railway cable. Under the Juvenile Justice (Care and Protection of Children) Act, 2015, how is an offence under Section 3 of the RP(UP) Act (max 5 years) classified?
- A. Serious offence
- B. Heinous offence
- C. Petty offence
- D. Not classified
Answer: Serious offence
Explanation: Under the JJ Act, 2015: petty offences carry up to 3 years, serious offences 3 to 7 years, heinous offences minimum 7 years or more. Section 3 (up to five years) is a serious offence and the child is dealt with by the Juvenile Justice Board.
741. Prem Shankar Shukla v. Delhi Administration (1980) is the leading authority on which aspect of arrest?
- A. Right to anticipatory bail
- B. Power to search without warrant
- C. Handcuffing is prima facie inhuman and unreasonable and violates Articles 14, 19 and 21 unless justified
- D. Burden of proof in dowry cases
Answer: Handcuffing is prima facie inhuman and unreasonable and violates Articles 14, 19 and 21 unless justified
Explanation: Prem Shankar Shukla held that routine handcuffing is unconstitutional; it is permissible only where there is clear and present danger of escape, recorded in writing with reasons.
742. Handcuffing of an arrestee under BNSS Section 43(3) is permitted only for specified categories. Which of the following is NOT such a category?
- A. A first-time offender under Section 3 of the RP(UP) Act
- B. A person who escaped from custody
- C. A habitual offender
- D. A person arrested for organised crime or a terrorist act
Answer: A first-time offender under Section 3 of the RP(UP) Act
Explanation: BNSS s.43(3) permits handcuffs for habitual or repeat offenders, escapees and those arrested for listed grave offences such as organised crime, terror acts, drug offences, murder and rape. Property offences by first-timers do not qualify.
743. A woman is to be arrested under Section 6 of the RP(UP) Act at 10 PM. Under BNSS Section 43(5), what is the rule on arresting a woman after sunset?
- A. She can be freely arrested at any hour by a male constable
- B. Only an Executive Magistrate's verbal order is required
- C. Save in exceptional circumstances, no arrest after sunset and before sunrise; a woman officer must obtain prior written permission of the Judicial Magistrate First Class
- D. She can never be arrested under any law
Answer: Save in exceptional circumstances, no arrest after sunset and before sunrise; a woman officer must obtain prior written permission of the Judicial Magistrate First Class
Explanation: BNSS s.43(5) (old CrPC 46(4)) protects women from night arrests save in exceptional circumstances, in which a woman police officer makes a written report and gets prior permission of the JMFC. RPF officers arresting under the Act follow the Code's procedure.
744. Which BNSS section lays down the maximum period of detention of an undertrial who has completed one-third (or one-half) of the maximum sentence for the offence?
- A. Section 480
- B. Section 479
- C. Section 482
- D. Section 35
Answer: Section 479
Explanation: BNSS s.479 (old CrPC 436A) entitles a first-time offender to release on bond after serving one-third of the maximum sentence (others after half). For Section 3 RP(UP) Act (max 5 years), that is about 20 months for a first offender.
745. Which BNSS section deals with legal aid at State expense for an accused who lacks means in a trial before the Court of Session (old CrPC s.304)?
- A. Section 341
- B. Section 187
- C. Section 479
- D. Section 105
Answer: Section 341
Explanation: BNSS s.341 (old s.304) provides legal aid at the expense of the State when the accused has no pleader and the court finds he cannot afford one. It operates alongside Article 39A.
746. A scrap dealer challenges the RP(UP) Act's restrictions on his trade under Article 19(1)(g). On what basis would the restriction most plausibly be upheld?
- A. As a restriction on foreign trade only
- B. As a restriction justified by Article 22
- C. As a measure of preventive detention
- D. As a reasonable restriction in the public interest under Article 19(6)
Answer: As a reasonable restriction in the public interest under Article 19(6)
Explanation: Article 19(6) permits reasonable restrictions on any occupation or trade in the interest of the general public. Protecting railway property from receivers of stolen goods is such an interest, and honest dealers lose nothing because they can prove lawful acquisition.
747. Which feature distinguishes the RPF from the Government Railway Police (GRP)?
- A. RPF registers all FIRs for murder on trains
- B. Both are raised by the Railway Board under the Railways Act
- C. RPF is a Union armed force under the Railway Protection Force Act, 1957; GRP is a State police force handling general crime on railways
- D. RPF is a State force while GRP is a Union force
Answer: RPF is a Union armed force under the Railway Protection Force Act, 1957; GRP is a State police force handling general crime on railways
Explanation: RPF protects railway property and (since the Railways Act amendments) passengers and passenger area; GRP, a State police arm, registers and investigates crimes such as murder, robbery and theft on trains under the BNS.
748. A Head Constable finds that a person was charged with possession of railway property in a case where the Magistrate failed to record 'special and adequate reasons' while awarding a sentence below the statutory minimum. What is the legal consequence?
- A. The sentence stands since Magistrates have unfettered discretion
- B. The Act becomes inoperative
- C. The accused must be re-arrested
- D. The sentence is illegal and liable to be enhanced or set aside in appeal or revision
Answer: The sentence is illegal and liable to be enhanced or set aside in appeal or revision
Explanation: Section 3's proviso allows a sentence below the minimum only for special and adequate reasons recorded in the judgment. Without such recorded reasons, the lower sentence is contrary to the statute and open to correction by the superior court.
749. Which section of the Railways Act, 1989 provides compensation on account of untoward incidents even without proof of wrongful act, neglect or default by the railway administration?
- A. Section 123
- B. Section 137
- C. Section 141
- D. Section 124A
Answer: Section 124A
Explanation: Section 124A, inserted in 1994, imposes no-fault liability for untoward incidents; claims are heard by the Railway Claims Tribunal, with death compensation presently Rs 8 lakh (2016 notification).
750. Section 123(c) of the Railways Act, 1989 defines which term central to compensation claims?
- A. 'Railway servant'
- B. 'Passenger'
- C. 'Railway administration'
- D. 'Untoward incident'
Answer: 'Untoward incident'
Explanation: Section 123(c) defines 'untoward incident' to include terrorist acts, violent attacks, robbery, dacoity, rioting, shoot-outs and accidental falling of a passenger from a train. Compensation for death or injury flows from s.124A.
751. Drunkenness or nuisance on railway premises or in a train is an offence under which section of the Railways Act, 1989?
- A. Section 144
- B. Section 147
- C. Section 141
- D. Section 145
Answer: Section 145
Explanation: Section 145 penalises drunkenness or nuisance (imprisonment up to six months or fine up to Rs 500 or both), and the offender may be removed from the train by the railway servants.
752. Trespass on railway premises and refusal to leave when asked by a railway servant is punishable under which section of the Railways Act, 1989?
- A. Section 145
- B. Section 143
- C. Section 156
- D. Section 147
Answer: Section 147
Explanation: Section 147 punishes trespass and refusal to desist, with imprisonment up to six months or fine up to Rs 1,000 or both. It is distinct from RP(UP) Act offences, which concern property, not entry.
753. Which section of the Railways Act, 1989 prohibits hawking and begging in railway carriages or premises without authority?
- A. Section 144
- B. Section 146
- C. Section 141
- D. Section 150
Answer: Section 144
Explanation: Section 144 prohibits hawking and begging, with imprisonment up to one year or fine up to Rs 2,000 or both, unless a licence or authority exists. Section 146 concerns obstructing a railway servant.
754. Unauthorised procurement and sale of railway tickets by touts is an offence under which section of the Railways Act, 1989?
- A. Section 145
- B. Section 143
- C. Section 144
- D. Section 156
Answer: Section 143
Explanation: Section 143 deals with unauthorised carrying on of business of procuring and supplying railway tickets, heavily penalised (up to three years). Section 144 is hawking and begging, s.145 drunkenness/nuisance, s.156 travelling on roof/step/engine.
755. Which provision of the Railways Act, 1989 punishes pulling the alarm chain without reasonable and sufficient cause?
- A. Section 137
- B. Section 143
- C. Section 147
- D. Section 141
Answer: Section 141
Explanation: Section 141 punishes unauthorised/improper use of the alarm chain with imprisonment up to one year or fine up to Rs 1,000 or both. Section 137 is travelling without proper pass/ticket, s.143 ticket touting, s.147 trespass.
756. Maneka Gandhi v. Union of India (1978) is relevant to the 'procedure established by law' in Article 21 because it held that the procedure must be
- A. Written in the statute alone, however harsh
- B. Applicable only to citizens
- C. Approved by a Sessions Judge
- D. Fair, just and reasonable, not arbitrary or oppressive
Answer: Fair, just and reasonable, not arbitrary or oppressive
Explanation: Maneka Gandhi read Articles 14, 19 and 21 together, requiring that any procedure depriving personal liberty be fair, just and reasonable. A harsh reverse-onus rule like Section 3 survives only because it is a rebuttable, reasonable procedure.
757. In Joginder Kumar v. State of U.P. (1994), the Supreme Court held that the power of arrest must not be exercised routinely. What further right did it recognise for the arrestee?
- A. To refuse the arrest memo
- B. To have a friend, relative or other person informed of the arrest and place of detention
- C. To be released at once on personal bond
- D. To be tried by a Sessions Judge
Answer: To have a friend, relative or other person informed of the arrest and place of detention
Explanation: Joginder Kumar held that arrest needs justification beyond mere power and that the arrestee has a right to have someone informed. This was later codified in CrPC s.50A, now BNSS s.48.
758. Hussainara Khatoon v. State of Bihar (1979) is the landmark decision recognising which right as part of Article 21?
- A. Right to speedy trial
- B. Right to anticipatory bail
- C. Right to jury trial
- D. Right to remain silent
Answer: Right to speedy trial
Explanation: Hussainara Khatoon, concerning thousands of undertrials languishing in Bihar jails, held that a reasonably expeditious trial is an integral part of Article 21. It underpins the time limits in BNSS s.187 and s.479.
759. In Khatri v. State of Bihar (Bhagalpur blindings), the Supreme Court held that free legal aid must be provided to an indigent accused from which stage?
- A. Only in Sessions trials
- B. Only at the appeal stage
- C. From the first production before the Magistrate
- D. Only after charges are framed
Answer: From the first production before the Magistrate
Explanation: Khatri derived the right to free legal aid from Article 21 (read with Article 39A) and extended it to the stage when the accused is first produced before the Magistrate and when remanded; the Magistrate must inform him of this right.
760. Article 22(1) of the Constitution gives every person arrested which two rights?
- A. To bail within 24 hours and to compensation
- B. To be released on bond and to trial within 60 days
- C. To be informed of the grounds of arrest and to consult and be defended by a legal practitioner of his choice
- D. To remain silent and to a free interpreter
Answer: To be informed of the grounds of arrest and to consult and be defended by a legal practitioner of his choice
Explanation: Article 22(1): no person arrested shall be detained without being informed, as soon as may be, of the grounds, nor denied the right to consult and be defended by a legal practitioner of his choice. BNSS s.47 gives it statutory effect.
761. Offender X's unlawful possession of railway property ended before the RP(UP) Act came into force; a later amendment raised the minimum sentence. Article 20(1) of the Constitution means what for X?
- A. He may be punished only by a fine
- B. He cannot be convicted for an act that was not an offence when committed, nor given a penalty greater than then prescribed
- C. He is exempt from every criminal law
- D. He may be given any enhanced penalty since the Act is remedial
Answer: He cannot be convicted for an act that was not an offence when committed, nor given a penalty greater than then prescribed
Explanation: Article 20(1) prohibits ex post facto penal laws: no conviction for an act not an offence when done, and no greater penalty than that in force at the time of commission. Continuing possession after commencement, however, is a fresh offence.
762. A man in a railway colony is found with a railway-owned bicycle. He proves that it was sold to him by a Railway Board-authorised condemned-stores auction with a receipt. What is the legal effect under Section 3?
- A. The presumption continues as railway property can never be sold
- B. He must pay a fine equal to the item's price
- C. The presumption stands rebutted; lawful possession is established and no offence is made out
- D. He is convicted but gets the minimum sentence
Answer: The presumption stands rebutted; lawful possession is established and no offence is made out
Explanation: Section 3 operates unless the accused proves that the property came into his possession lawfully. A genuine authorised disposal supported by a receipt is exactly such proof.
763. Section 10 of the RP(UP) Act deals with which subject?
- A. Penalty for owner or occupier who connives
- B. Issue of a search warrant by a Magistrate on the application of an officer of the Force
- C. Power of the Central Government to make rules
- D. Repeal of the earlier Railway Stores Act
Answer: Issue of a search warrant by a Magistrate on the application of an officer of the Force
Explanation: Section 10 provides for the issue of a search warrant by a Magistrate where an officer of the Force has reason to believe that a place is used for the deposit or sale of stolen or unlawfully obtained railway property. Section 4 punishes connivance and Section 11 requires searches and arrests to follow the Code of Criminal Procedure; the duty of Government and village officers to assist the Force lies in Section 12.
764. An unclaimed suitcase left by a passenger is deposited in the station's lost property office. A cleaner removes it. Is the suitcase 'railway property' for the RP(UP) Act?
- A. No; it belongs to the passenger, so only BNS theft applies
- B. No; only items worth over Rs 50,000 qualify
- C. Yes; goods entrusted to or detained by the railway administration qualify, regardless of true ownership
- D. Yes, but only after 6 months of storage
Answer: Yes; goods entrusted to or detained by the railway administration qualify, regardless of true ownership
Explanation: Entrustment to the railway administration, not title, determines coverage. Goods in the lost property office are in the administration's custody, so unlawful possession of them can attract Section 3.
765. A Ticket Examiner confiscates a bottle of liquor from a passenger and deposits it in the station store pending handover to the excise authorities. If someone steals it from the store, is it 'railway property' under Section 2 of the RP(UP) Act?
- A. No; contraband can never be property
- B. Yes, but only if its value exceeds Rs 10,000
- C. No; only items owned by the Railways are covered
- D. Yes; goods seized or detained by a railway administration are within the definition
Answer: Yes; goods seized or detained by a railway administration are within the definition
Explanation: The definition of railway property is not limited to what the Railways own; it expressly covers goods, money, valuable securities or animals entrusted to, or seized or detained by, a railway administration.
766. After an inquiry under Section 8 of the RP(UP) Act, can the inquiring officer of the Force himself convict and fine the accused?
- A. Yes; he may impose fine up to Rs 5,000 on the spot
- B. Yes; he may sentence up to 3 months
- C. Yes; only for first offenders
- D. No; he can only release the person or forward him with a report to the Magistrate for trial
Answer: No; he can only release the person or forward him with a report to the Magistrate for trial
Explanation: The Section 8 inquiry is an investigative step, not a trial. Adjudication of guilt and sentence rest exclusively with the Magistrate; the RPF has no power to impose penalties or on-the-spot fines under the Act.
767. The owner of a godown knows that a scrap dealer stores stolen railway fittings in it, and takes rent without objection, but never touches the goods. Under Section 4 of the RP(UP) Act, what is his position?
- A. He is not liable as rent-taking is a civil matter
- B. He is liable as an owner/occupier who connives at the offence, even without personal possession
- C. He is liable only if he personally possessed the goods
- D. He is liable only under the BNS, never under the Act
Answer: He is liable as an owner/occupier who connives at the offence, even without personal possession
Explanation: Section 4 separately penalises an owner or occupier who connives at or abets the offence; the knowledge and acquiescence are what make him liable, so personal possession is not required.
768. In Sanjay Dutt v. State through CBI (1994), the Supreme Court explained that 'possession' of prohibited articles under a special law requires what?
- A. Mere physical proximity to the object
- B. Possession for at least 24 hours
- C. Ownership title of the object
- D. Conscious possession, i.e. knowledge of the thing being possessed
Answer: Conscious possession, i.e. knowledge of the thing being possessed
Explanation: Possession in penal law signifies conscious possession: physical custody or control with knowledge. This is why bystanders in a shared room cannot be convicted under Section 3 merely for proximity.
769. Before the Section 3 presumption operates, what 'foundational facts' must the prosecution establish?
- A. A prior conviction of the accused
- B. That the accused personally broke into the railway store
- C. Possession of railway property and the reasonable suspicion that it was stolen or unlawfully obtained
- D. Only that the accused is an ex-railway employee
Answer: Possession of railway property and the reasonable suspicion that it was stolen or unlawfully obtained
Explanation: Following Noor Aga, a reverse-onus presumption is valid only when the prosecution first proves the foundational facts. Here those are possession, that the item is railway property, and reasonable suspicion of theft or unlawful acquisition.
770. Can an accused under Section 3 of the RP(UP) Act compound the offence with the railway administration to obtain acquittal?
- A. Yes; but only for first offenders
- B. No; the offence is not in the compoundable lists of BNSS Section 359
- C. Yes; with payment of twice the value
- D. Yes; the railway administration can withdraw anytime
Answer: No; the offence is not in the compoundable lists of BNSS Section 359
Explanation: Compounding is permitted only for offences listed in BNSS s.359 (old CrPC 320). RP(UP) Act offences are not listed, so private settlement cannot extinguish liability; withdrawal needs the public prosecutor and court consent.
771. A scrap trader apprehends arrest by the RPF over a Section 3 complaint. Which BNSS provision lets him seek directions for release on bail in the event of arrest, before it happens?
- A. Section 187, remand
- B. Section 482, anticipatory bail
- C. Section 480, bail in bailable offence
- D. Section 58, detention limit
Answer: Section 482, anticipatory bail
Explanation: BNSS s.482 (old CrPC 438) allows the High Court or Court of Session to direct that a person apprehending arrest for a non-bailable offence be released on bail if arrested.
772. According to Part II of the First Schedule of BNSS, an offence under a special law punishable with imprisonment of three years and upwards but not more than seven years (such as Section 3 RP(UP) Act) is triable by whom?
- A. Court of Session only
- B. Any Magistrate
- C. Magistrate of the First Class
- D. Executive Magistrate
Answer: Magistrate of the First Class
Explanation: Part II of the First Schedule: up to death/life/over 7 years triable by Court of Session; 3 to 7 years by a Magistrate of the First Class; below 3 years or fine only by any Magistrate. Section 3 (up to 5 years) goes to a JMFC.
773. Because Section 3 of the RP(UP) Act is punishable with imprisonment up to five years, how is the trial classified under BNSS?
- A. Summons-case, as the maximum is under seven years
- B. Sessions trial, as it affects public property
- C. Warrant-case, as it is punishable with imprisonment exceeding two years
- D. Summons-case, because it is a special Act
Answer: Warrant-case, as it is punishable with imprisonment exceeding two years
Explanation: A warrant-case is one relating to an offence punishable with death, life or imprisonment exceeding two years. Section 3 qualifies, so the warrant-case procedure (not summons) applies.
774. A prosecution under Section 3 of the RP(UP) Act is launched six years after the discovery of the stolen rails. Is it barred by the limitation under BNSS Section 514 (old CrPC 468)?
- A. Yes; only fine-only offences are exempt
- B. Yes; all offences are barred after three years
- C. Yes; the bar is one year for all special Acts
- D. No; the limitation bars apply only to offences punishable up to three years
Answer: No; the limitation bars apply only to offences punishable up to three years
Explanation: BNSS s.514 prescribes limits of 6 months (fine only), 1 year (up to 1 year) and 3 years (1 to 3 years). Offences punishable beyond three years, like Section 3 (up to 5), have no limitation for taking cognizance.
775. Section 3 of the RP(UP) Act can be viewed as a statutory application of which BSA 2023 principle, formerly Section 106 of the Evidence Act?
- A. Section 109, burden of proving a fact especially within one's knowledge
- B. Section 22, inducement and confession
- C. Section 61, electronic records
- D. Section 104, burden lies on the one asserting
Answer: Section 109, burden of proving a fact especially within one's knowledge
Explanation: How property came to be in a person's possession is a fact especially within his own knowledge; BSA s.109 places the burden on him, and Section 3 hard-wires that burden once reasonable suspicion is shown.
776. A suspect in the custody of a police officer discloses where he hid stolen railway rail-clips, and the clips are recovered at his pointing out. Under the proviso to BSA Section 23(2) (old Evidence Act s.27), what part of the statement is provable?
- A. Only so much as relates distinctly to the fact discovered
- B. Nothing, since custody statements are wholly barred
- C. Only the part admitting guilt
- D. The entire confessional statement
Answer: Only so much as relates distinctly to the fact discovered
Explanation: The proviso lets in only that portion of information received from an accused in custody which distinctly leads to discovery of a fact (Pulukuri Kottaya v. Emperor). The admission of guilt itself stays inadmissible.
777. An RPF inquiry relies on CCTV footage from a station platform copied on a pen drive to show the accused leaving a goods shed with a cable drum. Which BNSS/BSA requirement must the prosecution meet for the footage to be admissible?
- A. A certificate under Section 119 BSA
- B. An affidavit under BNSS Section 105
- C. A certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023
- D. No requirement as video is primary evidence always
Answer: A certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023
Explanation: BSA s.63 (successor of Evidence Act s.65B) makes an electronic record admissible if accompanied by the prescribed certificate (Part A by the person in charge of the device, Part B by an expert), the certificate being mandatory for copies.
778. Which clause of BNSS Section 35(1) (old CrPC 41(1)(d)) allows arrest without warrant of a person in whose possession something is found that may reasonably be suspected to be stolen property?
- A. Clause (e)
- B. Clause (c)
- C. Clause (a)
- D. Clause (d)
Answer: Clause (d)
Explanation: BNSS s.35(1)(d) mirrors the possession-based logic of RP(UP) Act s.3 and s.6 for ordinary police: possession of something reasonably suspected to be stolen plus reasonable suspicion of the offence. Clause (a) is a cognizable offence in presence, (c) is a proclaimed offender, (e) is obstruction of police.
779. A thief steals luggage from a moving passenger train coach. Which BNS section on theft in a means of transport (up to seven years) is attracted?
- A. Section 305
- B. Section 317
- C. Section 303(2)
- D. Section 307
Answer: Section 305
Explanation: BNS s.305 (old IPC 380 and allied) covers theft in a dwelling house, in a means of transport used for goods or passengers, or at a place of worship, punishable up to 7 years. Such an offence on a train is a cognizable GRP matter, separate from the RP(UP) Act which covers railway-owned property.
780. A gangman steals a bundle of signal cables from the custody of the Assistant Signal Engineer, his master. Which BNS section on theft by a clerk or servant applies, carrying up to seven years?
- A. Section 309
- B. Section 306
- C. Section 331
- D. Section 304
Answer: Section 306
Explanation: BNS s.306 (old IPC 381) punishes theft by a clerk or servant of property in the possession of the master or employer with up to 7 years and fine. Section 304 is snatching, s.309 robbery, s.331 house-breaking.
781. A station storekeeper, a public servant, dishonestly misappropriates stores entrusted to him. Which BNS provision carries the heaviest penalty, up to life or ten years?
- A. Section 316(5) criminal breach of trust by a public servant
- B. Section 317(2) receiving stolen property
- C. Section 324 mischief
- D. Section 303(2) simple theft
Answer: Section 316(5) criminal breach of trust by a public servant
Explanation: BNS s.316(5) (old IPC 409) punishes criminal breach of trust by a public servant, banker, merchant or agent with life imprisonment or up to 10 years plus fine. The Section 3 RP(UP) presumption is unnecessary here because entrustment is itself proved.
782. What is the maximum imprisonment for simple theft under BNS Section 303(2) for a first conviction?
- A. Three years
- B. Seven years
- C. Five years
- D. One year
Answer: Three years
Explanation: BNS s.303(2): imprisonment up to three years, or fine, or both (with community service for first-time theft of property worth under Rs 5,000 that is returned). Aggravated forms like s.305/306 carry up to 7 years.
783. How does 'dishonestly receiving stolen property' under BNS Section 317(2) differ from Section 3 of the RP(UP) Act in the mental element?
- A. BNS needs no mens rea while Section 3 needs full intent to steal
- B. BNS requires knowledge or reason to believe the property is stolen; Section 3 rests on possession plus reasonable suspicion with the burden shifted to the accused
- C. Both require proof of actual theft by the accused
- D. Both are limited to property worth over Rs 5 lakh
Answer: BNS requires knowledge or reason to believe the property is stolen; Section 3 rests on possession plus reasonable suspicion with the burden shifted to the accused
Explanation: BNS s.317(2) (old IPC 411) needs the prosecution to prove knowledge/reason to believe, and carries up to 3 years. Section 3 RP(UP) Act dispenses with that, shifting the burden to the possessor to show lawful acquisition.
784. Which amendment made the Railway Protection Force an armed force of the Union?
- A. The Railway Protection Force (Amendment) Act, 1966
- B. The Railway Protection Force (Amendment) Act, 1985
- C. The Railway Property (Unlawful Possession) Amendment Act, 1966
- D. The Railways Act, 1989
Answer: The Railway Protection Force (Amendment) Act, 1985
Explanation: The 1985 amendment to the RPF Act 1957 declared the RPF an armed force of the Union, with the RPF Act and Rules governing discipline and powers; the RP(UP) Act 1966 gives it criminal-process powers for railway property offences.
785. Under the Seventh Schedule, 'Police (including railway and village police)' appears in which List and entry?
- A. State List, Entry 2
- B. Union List, Entry 22
- C. Union List, Entry 2A
- D. Concurrent List, Entry 2
Answer: State List, Entry 2
Explanation: Railway police (GRP) is a State subject under List II Entry 2, whereas the RPF is a Union force created under the Railway Protection Force Act 1957 on the strength of the Union's power over railways (List I Entry 22).
786. A Zero FIR under BNSS Section 173 is registered when information about a cognizable offence is received at a police station that lacks territorial jurisdiction. What happens next?
- A. The case is closed after 24 hours
- B. The FIR is transferred to the police station having jurisdiction
- C. The informant is sent away to file afresh
- D. The FIR is quashed automatically
Answer: The FIR is transferred to the police station having jurisdiction
Explanation: A police station cannot refuse to register a cognizable offence on jurisdictional grounds; it registers a Zero FIR and transfers it. BNSS s.173 also permits e-FIR, to be signed within three days.
787. Information about a non-cognizable offence reaches the police. Under BNSS Section 174 (old CrPC 155), what is the position?
- A. Investigate and arrest without any order
- B. Record it in the prescribed register and refer the informant to the Magistrate; no investigation without the Magistrate's order
- C. Register an FIR and arrest the accused immediately
- D. Ignore it as outside police duty
Answer: Record it in the prescribed register and refer the informant to the Magistrate; no investigation without the Magistrate's order
Explanation: For non-cognizable offences the police cannot investigate or arrest without a Magistrate's order. RP(UP) Act offences are made non-cognizable by s.5, but s.6 specifically empowers arrest without warrant by the Force, an Act-specific exception.
788. Which BNSS section (old CrPC 165) lets an investigating officer search a place without a warrant when delay would defeat the search, subject to recording reasons in writing?
- A. Section 106
- B. Section 185
- C. Section 173
- D. Section 94
Answer: Section 185
Explanation: BNSS s.185 permits a warrantless search by the officer in charge of a police station or investigating officer on reasonable grounds, with reasons recorded in writing and a copy sent forthwith to the nearest Magistrate. Section 94 is summons to produce, s.106 seizure, s.173 FIR.
789. An RPF officer seizes property under BNSS Section 106 (old CrPC 102) because it is suspected to be stolen. What must he do next?
- A. Keep it with himself until trial ends
- B. Auction it within 24 hours
- C. Return it to the suspect against a bond only
- D. Report the seizure forthwith to the jurisdictional Magistrate
Answer: Report the seizure forthwith to the jurisdictional Magistrate
Explanation: Under s.106 BNSS the police officer must forthwith report the seizure to the Magistrate, who then controls custody and disposal of the property; the officer cannot dispose of it himself.
790. In Pooran Mal v. Director of Inspection (1974), the Supreme Court held what regarding evidence obtained through an illegal search?
- A. It is not automatically excluded if it is relevant and genuine, though the irregularity may affect its weight
- B. It is inadmissible only in cases of theft
- C. It is admissible only if the search had a Magistrate's warrant
- D. It is always inadmissible as fruit of the poisonous tree
Answer: It is not automatically excluded if it is relevant and genuine, though the irregularity may affect its weight
Explanation: Pooran Mal followed the English rule: the test of admissibility is relevance; illegality of the search does not by itself exclude the evidence, but the court scrutinises it with care. India does not follow the American exclusionary rule.
791. In Selvi v. State of Karnataka (2010), the Supreme Court held that narcoanalysis, polygraph and brain-mapping tests cannot be administered to an accused. On what condition?
- A. They cannot be forced on any person; voluntary consent with safeguards is required
- B. They may be forced on any accused by the RPF
- C. They are mandatory in all offences punishable above 3 years
- D. They are valid only if a Magistrate is absent
Answer: They cannot be forced on any person; voluntary consent with safeguards is required
Explanation: Selvi held that compulsory administration of these techniques violates Article 20(3) and the right to personal liberty under Article 21; only voluntary tests, with guidelines of the NHRC, are permissible.
792. In Nandini Satpathy v. P.L. Dani (1978), the Supreme Court held that the protection of Article 20(3) against self-incrimination extends to which stage?
- A. The police investigation stage, enabling refusal of incriminating answers
- B. It does not apply to special Acts
- C. Only after conviction at appeal
- D. Only the trial stage before the Magistrate
Answer: The police investigation stage, enabling refusal of incriminating answers
Explanation: Nandini Satpathy extended Article 20(3) to the investigation stage: a person may decline to answer questions that may incriminate him. This matters in an RPF inquiry under Section 8, though the accused's failure to explain possession can still be weighed at trial.
793. The D.K. Basu guidelines require an arrestee in custody to be medically examined by a trained doctor from an approved panel at what interval?
- A. Every 48 hours during custody
- B. Every 7 days
- C. Every 12 hours
- D. Only once at the time of release
Answer: Every 48 hours during custody
Explanation: D.K. Basu v. State of West Bengal (1997) requires medical examination of the arrestee every 48 hours by a doctor on the approved panel of the State/UT Director of Health Services, along with an arrest memo attested by a witness and the right to inform a relative.
794. When arrest is not required for an offence, BNSS Section 35(3) (old CrPC 41A) empowers the police officer to do what?
- A. Issue a notice directing the person to appear before him
- B. Issue a bailable warrant to the person
- C. Hand the person over to the Magistrate without inquiry
- D. Seize all his movable property
Answer: Issue a notice directing the person to appear before him
Explanation: Section 35(3) lets the officer issue a notice of appearance; if the person complies and continues to comply, he is not arrested unless the officer records reasons for arrest.
795. In Arnesh Kumar v. State of Bihar (2014), the Supreme Court directed that for offences punishable with imprisonment up to seven years, the police should not arrest automatically. Why is this relevant to a Section 3 RP(UP) Act case?
- A. Arnesh Kumar applies only to dowry cases and never to special Acts
- B. Section 3 is punishable with death, so the guidelines are inapplicable
- C. Arrest under the RP(UP) Act is prohibited altogether
- D. Section 3 carries a maximum of five years, so arrest must be justified by recorded necessity
Answer: Section 3 carries a maximum of five years, so arrest must be justified by recorded necessity
Explanation: Arnesh Kumar covers offences with up to seven years' punishment, whether under the IPC/BNS or any special statute. The officer must be satisfied of a necessity to arrest (prevent repetition, tampering with evidence, etc.) and record reasons; a Magistrate must not authorise detention mechanically.
796. Under BNSS Section 187, the total 15 days of police custody can be authorised in whole or in parts during which period, for an offence where the detention limit is 60 days?
- A. First 40 days of detention
- B. First 24 hours only
- C. First 15 days only
- D. Any time up to 60 days
Answer: First 40 days of detention
Explanation: BNSS s.187 allows the 15 days of police custody to be taken in whole or in parts within the first 40 days (for 60-day cases) or first 60 days (for 90-day cases), a departure from the old rule that confined it to the first 15 days.
797. A person arrested for an offence under Section 3 of the RP(UP) Act (maximum 5 years) is remanded to custody. Under BNSS Section 187, after how many days of detention does he acquire an indefeasible right to default bail if no charge-sheet has been filed?
- A. 45 days
- B. 30 days
- C. 90 days
- D. 60 days
Answer: 60 days
Explanation: The 90-day limit applies only where the offence is punishable with death, life or imprisonment of 10 years or more. For every other offence, including Section 3 (max 5 years), the limit is 60 days under BNSS s.187(3).
798. Which BNSS section corresponds to old CrPC Section 57 and bars the police from detaining an arrested person for more than 24 hours without a Magistrate's special order?
- A. Section 47
- B. Section 105
- C. Section 58
- D. Section 35
Answer: Section 58
Explanation: BNSS s.58 is the successor of CrPC s.57; longer detention needs a Magistrate's order under s.187 (old s.167). Section 47 concerns informing grounds of arrest, s.35 arrest without warrant, s.105 recording of search.
799. A member of the Force arrests a scrap dealer under Section 6 of the RP(UP) Act at 11 PM at a remote station, 60 km from the nearest Magistrate. For computing the 24-hour period under Article 22(2) of the Constitution, which time is excluded?
- A. Night-time hours between 10 PM and 6 AM
- B. Time spent in preparing the seizure memo
- C. Time taken for journey from the place of arrest to the Magistrate's court
- D. Time spent in medical examination only
Answer: Time taken for journey from the place of arrest to the Magistrate's court
Explanation: Article 22(2) (and BNSS s.58) excludes only the time necessary for the journey from the place of arrest to the Magistrate's court. Paperwork, night hours and medical examination are not excluded.
800. BNSS Section 479 limits how long an undertrial may be detained. For a first-time offender under Section 3 of the RP(UP) Act, after what portion of the maximum sentence must he normally be released on bond?
- A. One-half of the maximum sentence, whether or not he has a previous conviction
- B. One-third of the maximum sentence, i.e. about twenty months for a five-year maximum, if he has never been convicted before
- C. One-fourth of the maximum sentence, only if the railway administration agrees
- D. The full maximum sentence, since the Act provides a minimum sentence
Answer: One-third of the maximum sentence, i.e. about twenty months for a five-year maximum, if he has never been convicted before
Explanation: For offences not punishable with death or life imprisonment, an undertrial who has served one-third of the maximum (one-half if not a first offender) is to be released. The calculation uses the maximum of five years, not the minimum of one year.