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241. Under the BNSS, 2023, a party who has a right of appeal against an order but does not prefer an appeal:
- A. May approach the Magistrate for a recall
- B. May still file a revision as a substitute
- C. Cannot invoke the revisional jurisdiction in respect of that order
- D. Is barred from all remedies including writs
Answer: Cannot invoke the revisional jurisdiction in respect of that order
Explanation: Revision is not available to a party who could have appealed but did not; the revisional power is not a substitute for a lapsed appeal.
242. Under the BNSS, 2023, if the Appellate Court thinks additional evidence is necessary, it may:
- A. Order a fresh trial automatically
- B. Never take any evidence beyond the trial record
- C. Direct the police to collect it privately without producing it in Court
- D. Record its reasons and take the evidence itself or direct it to be taken by a Magistrate or, where the appellate court is the High Court, by a Court of Session or Magistrate
Answer: Record its reasons and take the evidence itself or direct it to be taken by a Magistrate or, where the appellate court is the High Court, by a Court of Session or Magistrate
Explanation: The Appellate Court can take further evidence itself or direct a subordinate Court to do so, recording its reasons, with the accused entitled to be present when it is taken.
243. Under the BNSS, 2023, in an appeal from a conviction the Appellate Court may reverse the finding, alter the finding while maintaining the sentence, or alter the nature or extent of the sentence, but may not:
- A. Order a retrial
- B. Acquit the appellant
- C. Enhance the sentence
- D. Reduce the sentence
Answer: Enhance the sentence
Explanation: In an appeal by the convict, the Appellate Court cannot enhance the sentence; enhancement is possible only in a properly instituted appeal or revision after notice to the accused.
244. Under the BNSS, 2023, an Appellate Court that, after perusing the petition of appeal and the copy of the judgment, sees no sufficient ground for interfering may dismiss the appeal summarily, but:
- A. Not unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the appeal
- B. Only after calling for the police case diary
- C. Only after the High Court agrees
- D. Only with the consent of the Public Prosecutor
Answer: Not unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the appeal
Explanation: Summary dismissal is permissible, but natural justice requires that the appellant or his pleader first be given a reasonable opportunity of being heard.
245. Under the BNSS, 2023, before releasing on bail a convict (pending appeal) sentenced to death, life imprisonment or imprisonment for ten years or more, the Appellate Court must:
- A. Wait for the sentence to be half served
- B. Hear the victim's relatives only
- C. Give the Public Prosecutor an opportunity to show cause in writing against the release
- D. Obtain the approval of the Supreme Court
Answer: Give the Public Prosecutor an opportunity to show cause in writing against the release
Explanation: For such serious sentences, the Public Prosecutor must first be given an opportunity to show cause in writing against suspension of sentence and release on bail.
246. Under the BNSS, 2023, a convicted person confined in jail who wishes to appeal may present his petition of appeal and copies of the judgment through:
- A. The Public Prosecutor
- B. The officer in charge of the jail
- C. The investigating officer
- D. The nearest police station
Answer: The officer in charge of the jail
Explanation: A prisoner can present the appeal petition and copies through the jail officer in charge, who forwards it to the Appellate Court, ensuring access to appeal.
247. Under the BNSS, 2023, if an accused has a previous conviction and it is intended to rely on it for enhanced punishment, the fact, date and place of the previous conviction:
- A. Need only be told to the Public Prosecutor
- B. Must be stated in the charge, and if omitted the Court may add it before sentence is passed
- C. Cannot ever be mentioned in the charge
- D. Must be proved only after sentencing
Answer: Must be stated in the charge, and if omitted the Court may add it before sentence is passed
Explanation: To rely on a previous conviction for enhanced punishment, it must appear in the charge; the Court may add it before passing sentence if it was left out.
248. Under the BNSS, 2023, when a single act or series of acts is of such a nature that it is doubtful which of several offences the facts constitute, the accused may be:
- A. Tried only for the least serious offence
- B. Charged with having committed all or any of such offences, or in the alternative
- C. Discharged for want of certainty
- D. Tried by the High Court
Answer: Charged with having committed all or any of such offences, or in the alternative
Explanation: Where the offence is doubtful, the accused can be charged with all or any of the possible offences, or alternatively, and the charges tried together.
249. Under the BNSS, 2023, when a case triable exclusively by the Court of Session is committed by a Magistrate, he must, among other things:
- A. Frame the final charge for the Sessions Judge
- B. Try the case himself on the merits
- C. Send the record and articles to the Court of Session and notify the Public Prosecutor of the commitment
- D. Release the accused unconditionally
Answer: Send the record and articles to the Court of Session and notify the Public Prosecutor of the commitment
Explanation: On committal the Magistrate remands the accused to custody (subject to bail provisions), sends the record and exhibits to the Sessions Court and notifies the Public Prosecutor.
250. Under the BNSS, 2023, a Court of Session may take cognizance of an offence as a Court of original jurisdiction:
- A. Only on a reference from the High Court
- B. Only after the case has been committed to it by a Magistrate, unless the Sanhita expressly provides otherwise
- C. On the oral request of the victim
- D. Directly on a police report in every case
Answer: Only after the case has been committed to it by a Magistrate, unless the Sanhita expressly provides otherwise
Explanation: Sessions Courts ordinarily act only on committal by a Magistrate; direct cognizance requires an express statutory provision.
251. Under the BNSS, 2023, when a complaint is made in writing by a public servant acting in discharge of official duties, the Magistrate:
- A. Need not examine the complainant and witnesses on oath at the stage of taking cognizance
- B. Must refuse cognizance
- C. Must first obtain the High Court's permission
- D. Must still examine the complainant on oath in every case
Answer: Need not examine the complainant and witnesses on oath at the stage of taking cognizance
Explanation: The complainant's examination on oath at the cognizance stage is dispensed with where the complaint is made in writing by a public servant in official duty or by a Court.
252. Under the BNSS, 2023, before a Magistrate takes cognizance on a complaint against a public servant for an act in discharge of official duties, he must:
- A. Obtain the written consent of the complainant's advocate
- B. Wait for one year
- C. Give the public servant an opportunity to make assertions about the situation and receive a report of facts from the officer superior to him
- D. Refer the complaint to the Lokpal
Answer: Give the public servant an opportunity to make assertions about the situation and receive a report of facts from the officer superior to him
Explanation: For complaints against public servants over acts in official duty, the Magistrate must first allow the public servant to explain the circumstances and obtain the superior officer's report.
253. Under the BNSS, 2023, before issuing process on a complaint against an accused who resides beyond the territorial jurisdiction of the Magistrate, the Magistrate:
- A. Shall postpone issue of process and either inquire into the case himself or direct an investigation to decide if there is sufficient ground to proceed
- B. Must transfer the complaint to the accused's local police station
- C. May issue process immediately without any inquiry
- D. Must dismiss the complaint
Answer: Shall postpone issue of process and either inquire into the case himself or direct an investigation to decide if there is sufficient ground to proceed
Explanation: Where the accused lives outside the Magistrate's jurisdiction, an inquiry or investigation is mandatory before issuing process, to guard against false complaints.
254. Which of the following is NOT a feature that was newly introduced by the BNSS, 2023 over the CrPC, 1973?
- A. Plea bargaining as a mode of disposal of certain cases
- B. Legal recognition of electronic FIRs signed within three days
- C. Trial in absentia of proclaimed offenders
- D. Mandatory forensic visit to crime scenes for offences punishable with seven years or more
Answer: Plea bargaining as a mode of disposal of certain cases
Explanation: Plea bargaining had already been inserted into the CrPC in 2005 (Chapter XXI-A) and was carried forward; the other three are new BNSS features.
255. Under the BNSS, 2023, the expression 'Public Prosecutor' includes:
- A. Any police officer of the rank of Inspector
- B. Only an advocate appointed by the High Court
- C. Any person acting under the directions of a Public Prosecutor
- D. Any complainant in a private case
Answer: Any person acting under the directions of a Public Prosecutor
Explanation: The definition is extended to any person acting under the directions of a Public Prosecutor, in addition to the appointed Public Prosecutor.
256. In the BNSS, 2023, the term 'charge' is defined to include:
- A. Any head of charge when the charge contains more than one head
- B. The first information report
- C. The summons issued to the accused
- D. Only the final order of the Court
Answer: Any head of charge when the charge contains more than one head
Explanation: A charge includes each separate head of charge where there are several, which matters for joinder and for conviction on some heads.
257. In the BNSS, 2023, the expression 'judicial proceeding' includes any proceeding:
- A. Held by an Executive Magistrate to maintain order
- B. In the course of which evidence is or may be legally taken on oath
- C. Before a Station House Officer recording an FIR
- D. Conducted by the police during investigation
Answer: In the course of which evidence is or may be legally taken on oath
Explanation: A judicial proceeding is one in which evidence is or may be legally taken on oath, which distinguishes it from police investigation or administrative action.
258. Under the BNSS, 2023, a 'registered medical practitioner' is a medical practitioner who:
- A. Possesses a recognised medical qualification under the National Medical Commission Act, 2019 and is enrolled in the National or a State Medical Register
- B. Has been approved by the District Magistrate for forensic work
- C. Is employed only in a Government hospital
- D. Holds any diploma recognised by the State Police
Answer: Possesses a recognised medical qualification under the National Medical Commission Act, 2019 and is enrolled in the National or a State Medical Register
Explanation: The definition ties registered medical practitioners to qualifications recognised under the NMC Act, 2019 and enrolment in the National or State Register.
259. Under the BNSS, 2023, offences under any law other than the BNS are investigated, inquired into and tried according to the Sanhita, subject to:
- A. Any enactment for the time being in force regulating the manner or place of investigating, inquiring into or trying such offences
- B. The approval of the Director General of Police
- C. Nothing; the Sanhita always overrides
- D. The permission of the Sessions Judge in each case
Answer: Any enactment for the time being in force regulating the manner or place of investigating, inquiring into or trying such offences
Explanation: For offences under special laws, BNSS procedure applies but is subject to any enactment regulating the manner or place of investigation, inquiry or trial.
260. Under the BNSS, 2023, nothing in the Sanhita affects any special or local law or any special jurisdiction, power or special form of procedure prescribed by any other law, in the absence of:
- A. The consent of the accused
- B. A notification of the State Government
- C. A Supreme Court order
- D. A specific provision to the contrary
Answer: A specific provision to the contrary
Explanation: The Sanhita yields to special or local laws (such as railway-property statutes) and their special procedures unless it contains a specific provision to the contrary.
261. Under the BNSS, 2023, the distribution of business among the Additional and Assistant Sessions Judges of a sessions division is regulated by rules or orders made by:
- A. The Superintendent of Police
- B. The State Public Prosecutor
- C. The Sessions Judge
- D. The District Magistrate
Answer: The Sessions Judge
Explanation: The Sessions Judge makes rules or orders for allocating business among Additional and Assistant Sessions Judges and for urgent applications in his absence.
262. Under the BNSS, 2023, a Court of Session for a sessions division is established by the State Government and its presiding Judge is appointed by:
- A. The Governor on the advice of the Home Department
- B. The High Court
- C. The District Magistrate
- D. The Central Government
Answer: The High Court
Explanation: The State Government establishes the Court of Session, but the High Court appoints the Judge and may also appoint Additional and Assistant Sessions Judges.
263. Under the BNSS, 2023, the Chief Judicial Magistrate is subordinate to the Sessions Judge, and every other Judicial Magistrate is subordinate to:
- A. The District Magistrate
- B. The Superintendent of Police
- C. The Registrar of the High Court
- D. The Chief Judicial Magistrate, subject to the general control of the Sessions Judge
Answer: The Chief Judicial Magistrate, subject to the general control of the Sessions Judge
Explanation: Judicial Magistrates other than the CJM work under the CJM's supervision, with overall general control resting with the Sessions Judge; they are not under the executive.
264. Which of the following pairs of BNSS, 2023 timeline and purpose is INCORRECT?
- A. Thirty days - mandatory filing of the charge-sheet in every case after arrest
- B. Ninety days - police informing the informant or victim of progress of investigation
- C. Fourteen days - preliminary enquiry by police for an offence punishable with three to seven years
- D. Three days - informant signing an FIR given electronically
Answer: Thirty days - mandatory filing of the charge-sheet in every case after arrest
Explanation: The charge-sheet deadline is tied to the 60/90-day limits for default bail, not a universal thirty days; the other three pairs correctly state BNSS timelines.
265. In the definitions of the BNSS, 2023, a 'bail bond' is best described as:
- A. An undertaking for release with a surety
- B. A court order refusing release
- C. A personal undertaking for release without any surety
- D. A cash deposit made to the investigating officer
Answer: An undertaking for release with a surety
Explanation: A 'bond' is a personal bond without sureties, whereas a 'bail bond' is an undertaking for release with a surety; both are instruments used in granting bail.
266. The original BNSS Bill introduced in the Lok Sabha on 11 August 2023 was referred to the Parliamentary Standing Committee on Home Affairs and later replaced by a fresh Bill introduced on:
- A. 12 December 2023
- B. 1 September 2023
- C. 6 January 2024
- D. 20 December 2023
Answer: 12 December 2023
Explanation: After the Standing Committee's examination, the original Bills were withdrawn and revised Bills were introduced on 12 December 2023, then passed later that month.
267. The Bharatiya Nagarik Suraksha Sanhita, 2023 received the assent of the President of India on:
- A. 21 December 2023
- B. 25 December 2023
- C. 20 December 2023
- D. 1 January 2024
Answer: 25 December 2023
Explanation: After passage by both Houses in December 2023, the Sanhita received Presidential assent on 25 December 2023 and came into force on 1 July 2024.
268. The Bharatiya Nagarik Suraksha Sanhita, 2023, which repeals and replaces the Code of Criminal Procedure, 1973 (484 sections), contains a total of how many sections?
- A. 531
- B. 511
- C. 484
- D. 558
Answer: 531
Explanation: The BNSS has 531 sections; its final section deals with repeal of the CrPC, 1973 and savings for pending matters.
269. The BNSS, 2023 provides for a Directorate of Prosecution in each State. Which of the following correctly describes its structure?
- A. Headed by the Advocate General, with only Assistant Public Prosecutors
- B. Headed by the Inspector General of Police, with Public Prosecutors as subordinates
- C. Headed by the Chief Justice of the High Court, with District Judges as members
- D. Headed by a Director of Prosecution, with Deputy Directors and Assistant Directors of Prosecution
Answer: Headed by a Director of Prosecution, with Deputy Directors and Assistant Directors of Prosecution
Explanation: The Directorate consists of a Director of Prosecution assisted by Deputy Directors and Assistant Directors; it is a prosecution-side body distinct from the police and the judiciary.
270. Under the BNSS, 2023, a finding, sentence or order of a competent Court is not reversed on appeal or revision merely because of an error, omission or irregularity in the complaint, summons, warrant, proclamation, order or other proceedings, unless:
- A. The accused is a public servant
- B. The error was committed by a Magistrate of the second class
- C. A failure of justice has in fact been occasioned thereby
- D. The error appears in the first page of the record
Answer: A failure of justice has in fact been occasioned thereby
Explanation: Technical irregularities do not vitiate proceedings; interference is justified only where a failure of justice has in fact occurred, and objection at the earliest stage is relevant.
271. Under the BNSS chapter on preventive action of the police, a person who resists or disregards a lawful direction given by a police officer to prevent a cognizable offence may be:
- A. Arrested only after a Magistrate's warrant is obtained
- B. Sentenced by the police officer to 24 hours' confinement
- C. Fined on the spot by the police officer
- D. Detained or removed from the place and taken before a Magistrate or, subject to law, released by the officer in charge of a police station
Answer: Detained or removed from the place and taken before a Magistrate or, subject to law, released by the officer in charge of a police station
Explanation: Every person must conform to such lawful directions; a resisting person can be detained or removed and either produced before a Magistrate or released, not penalised by the police themselves.
272. Under the BNSS, 2023, where seized property is produced before a Magistrate and no person entitled to it establishes a claim within six months of the proclamation issued, the Magistrate may:
- A. Order its immediate destruction in every case
- B. Return it to the police officer who seized it
- C. Hand it over to the first claimant to appear later
- D. Direct that it be at the disposal of the State Government and may be sold
Answer: Direct that it be at the disposal of the State Government and may be sold
Explanation: After the six-month claim window following the proclamation lapses unclaimed, the Magistrate may place the property at the State Government's disposal and it may be sold.
273. Under the BNSS, 2023, an order of the Court disposing of case property (by destruction, confiscation or delivery) after an inquiry or trial is, except for perishable property, ordinarily not to be carried out until:
- A. The next hearing date
- B. The Superintendent of Police approves it
- C. Thirty days after the High Court is informed
- D. The period allowed for appeal has elapsed, or if an appeal is presented, until it is disposed of
Answer: The period allowed for appeal has elapsed, or if an appeal is presented, until it is disposed of
Explanation: To protect appellate rights, disposal orders are held in abeyance until the appeal period lapses or any appeal is decided, except for livestock or property subject to speedy and natural decay.
274. In a Sessions trial under the BNSS, 2023, after taking prosecution evidence, examining the accused and hearing both sides, if the Judge considers there is no evidence that the accused committed the offence, he:
- A. Must call for the defence evidence regardless
- B. Shall record an order of acquittal
- C. May only discharge the accused
- D. Must refer the case to the High Court
Answer: Shall record an order of acquittal
Explanation: At that stage, absence of evidence of commission leads to a recorded order of acquittal, without the defence being compelled to lead evidence.
275. Under the BNSS, 2023, at the commencement of a trial before a Court of Session, after the charge is framed, the case is opened by:
- A. The defence counsel stating the accused's defence
- B. The presiding Judge reading the police report
- C. The investigating officer
- D. The Public Prosecutor, describing the charge and the evidence by which guilt is to be proved
Answer: The Public Prosecutor, describing the charge and the evidence by which guilt is to be proved
Explanation: In a Sessions trial the Public Prosecutor opens the prosecution case by describing the charge and stating what evidence he proposes to adduce.
276. Under the BNSS, 2023, a Magistrate trying a summons-case may convert it into a warrant-case if the offence is punishable with imprisonment for a term exceeding:
- A. Two years
- B. Six months
- C. One year
- D. Three months
Answer: Six months
Explanation: A summons-case may be treated as a warrant-case when the Magistrate thinks justice requires it and the offence is punishable with imprisonment exceeding six months.
277. Under the BNSS, 2023, in a summons-case instituted otherwise than on a complaint, a Magistrate of the first class, with the previous sanction of the Chief Judicial Magistrate (or the CJM himself), may for reasons recorded:
- A. Stop the proceedings at any stage without pronouncing judgment and release the accused
- B. Transfer it to an Executive Magistrate
- C. Convert it into a Sessions case
- D. Order a fresh police investigation by the High Court
Answer: Stop the proceedings at any stage without pronouncing judgment and release the accused
Explanation: Such a Magistrate may stop proceedings; if stopped after the principal witnesses' evidence is recorded the release amounts to acquittal, and if before, to discharge.
278. Under the BNSS, 2023, in a summons-case instituted upon complaint, if the complainant satisfies the Magistrate before the final order that he should be permitted to withdraw the complaint, the Magistrate may permit it and:
- A. Acquit the accused
- B. Convert the case into a warrant-case
- C. Commit the case to the Court of Session
- D. Discharge the accused with liberty to re-file
Answer: Acquit the accused
Explanation: On permitted withdrawal of the complaint in a summons-case, the Magistrate acquits the accused against whom the complaint is withdrawn.
279. Under the BNSS, 2023, the facts stated by an accused in an application for plea bargaining:
- A. Are treated as a confession to the police
- B. Must be forwarded to the High Court for confirmation
- C. Can be used as evidence against him in the trial if bargaining fails
- D. Cannot be used for any purpose other than plea bargaining
Answer: Cannot be used for any purpose other than plea bargaining
Explanation: Statements made in a plea-bargaining application cannot be used for any purpose except the plea bargaining itself, so the accused is protected if the bargain fails.
280. Under the BNSS, 2023, after an application for plea bargaining is found voluntary, the Court gives time to the prosecutor, investigating officer and victim to work out a mutually satisfactory disposition, for a period not exceeding:
- A. Fifteen days
- B. One hundred and eighty days
- C. Sixty days
- D. Seven days
Answer: Sixty days
Explanation: The Court may allow time of up to sixty days for the parties to work out a mutually satisfactory disposition, which may include compensation and other expenses to the victim.
281. Under the BNSS, 2023, the audio-video recording of the process of search and seizure must be forwarded without delay to:
- A. The Registrar of the High Court
- B. The Superintendent of Police only
- C. The District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the first class
- D. The Director General of Police
Answer: The District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the first class
Explanation: The recording is to be forwarded forthwith to the District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the first class, providing an independent record of the search.
282. Under the BNSS, 2023, when a person to be arrested enters or is within a place, the person residing in or in charge of that place must, on demand of the arresting officer:
- A. Allow free ingress and afford all reasonable facilities for search
- B. Only allow entry in the presence of a Magistrate
- C. Hand over the place to the police for 24 hours
- D. Refuse entry unless a warrant of search is produced
Answer: Allow free ingress and afford all reasonable facilities for search
Explanation: Occupants must allow the arresting officer free ingress and afford all reasonable facilities for search; the officer may break open the place if admission cannot otherwise be obtained.
283. Under the BNSS, 2023, if a Magistrate finds that a person was arrested on groundless grounds at the instance of another, he may order the informant to pay compensation to each person so arrested of an amount not exceeding:
- A. Rs 1,00,000
- B. Rs 10,000
- C. Rs 1,000
- D. Rs 500
Answer: Rs 1,000
Explanation: The compensation to a groundlessly arrested person is capped at one thousand rupees per person, recoverable as if it were a fine.
284. Under the victim compensation provisions of the BNSS, 2023, once the Court recommends compensation or the victim applies, the District or State Legal Services Authority must decide the quantum within:
- A. Two months
- B. Six months
- C. Thirty days
- D. Fifteen days
Answer: Two months
Explanation: The Legal Services Authority is required to determine the compensation quantum within two months of receiving the recommendation or application.
285. Under the BNSS, 2023, in a summons-case tried by a Magistrate, the evidence of each witness is recorded by the Magistrate by way of:
- A. A verbatim question-and-answer transcript only
- B. A memorandum of the substance of the witness's evidence
- C. No record at all unless the accused demands it
- D. A full narrative signed by the witness on every page
Answer: A memorandum of the substance of the witness's evidence
Explanation: In summons-cases the Magistrate need not record full depositions; a memorandum of the substance of each witness's evidence suffices, whereas warrant and Sessions trials need fuller records.
286. Under the BNSS, 2023, the inquiry into and trial of rape offences is to be conducted:
- A. In camera and, as far as practicable, by a woman Judge or Magistrate
- B. In open court, with media permitted to report freely
- C. In camera but only by a Sessions Judge of the rank of District Judge
- D. In open court but with the victim's name displayed on the cause list
Answer: In camera and, as far as practicable, by a woman Judge or Magistrate
Explanation: Rape trials are held in camera, preferably before a woman Judge or Magistrate, and publishing proceedings without the Court's previous permission is barred.
287. Under the BNSS, 2023, a person who pleaded guilty and was convicted on that plea by a Court of Session or a Magistrate may appeal only as to:
- A. The admissibility of his own plea
- B. The finding of guilt itself
- C. The extent or legality of the sentence
- D. The jurisdiction of the Court to try him
Answer: The extent or legality of the sentence
Explanation: No appeal lies against a conviction founded on the accused's own plea of guilty, except as to the extent or legality of the sentence.
288. Under the BNSS, 2023, a person convicted by a Sessions Judge and sentenced to eight years' rigorous imprisonment can prefer his appeal to:
- A. Another Court of Session in the same district
- B. The Supreme Court directly
- C. The High Court
- D. The Chief Judicial Magistrate
Answer: The High Court
Explanation: Where a Sessions Judge or Additional Sessions Judge tries the case, or any Court passes a sentence of imprisonment exceeding seven years, the appeal lies to the High Court.
289. Under the BNSS, 2023, if the High Court on appeal reverses an acquittal and sentences the accused, an appeal as of right lies to the Supreme Court only where the sentence is death, life imprisonment, or imprisonment for a term of at least:
- A. Five years
- B. Three years
- C. Seven years
- D. Ten years
Answer: Ten years
Explanation: The statutory appeal to the Supreme Court from a High Court reversal of acquittal lies where the High Court imposes death, life imprisonment or imprisonment of ten years or more.
290. Under the BNSS, 2023, when an appellant against a conviction and sentence of imprisonment dies during the pendency of the appeal, any near relative may obtain leave of the Appellate Court to continue the appeal by applying within:
- A. Thirty days of the death
- B. Seven days of the death
- C. Ninety days of the death
- D. Six months of the death
Answer: Thirty days of the death
Explanation: The proviso permits a near relative to seek leave within thirty days of the appellant's death; if granted, the appeal does not abate. Without it, appeals other than those against fine abate on the appellant's death.
291. Under the BNSS, 2023, the Court of Session may take cognizance of defamation against the President, a Governor or a Union/State Minister in respect of their public functions on a written complaint by the Public Prosecutor, made within:
- A. Thirty days of the alleged offence
- B. Six months from the date of the alleged offence
- C. Three months of the alleged offence
- D. One year from the date of the alleged offence
Answer: Six months from the date of the alleged offence
Explanation: For defamation of high constitutional functionaries in respect of their public conduct, the Court of Session takes cognizance on the Public Prosecutor's written complaint filed within six months of the alleged offence.
292. Under the BNSS, 2023, when two or more Courts take cognizance of the same offence and a question arises as to which of them should inquire into or try it, and the Courts are not subordinate to the same High Court, the question is decided by:
- A. The Supreme Court in every case
- B. The Court of Session of the district where the accused was first arrested
- C. The High Court within whose appellate criminal jurisdiction the proceedings were first commenced
- D. The Central Government
Answer: The High Court within whose appellate criminal jurisdiction the proceedings were first commenced
Explanation: If the Courts are subordinate to the same High Court, that High Court decides; if not, the High Court within whose appellate criminal jurisdiction the proceedings were first commenced decides.
293. Under the BNSS, 2023, where an act is an offence by reason of something done and of a consequence that has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction:
- A. Only the act was done
- B. The accused ordinarily resides, regardless of where the act or consequence occurred
- C. Only the consequence ensued
- D. Either the act was done or the consequence ensued
Answer: Either the act was done or the consequence ensued
Explanation: Where criminality depends on both an act and its consequence, the Court of either the place where the act was done or the place where the consequence ensued has jurisdiction.
294. Under the BNSS, 2023, an offence that is a continuing one and continues to be committed in more than one local area may be inquired into or tried by:
- A. Only the Court of the area where the accused is finally arrested
- B. Only the Court of Session of the State capital
- C. A Court having jurisdiction over any of the local areas in which the offence continues
- D. Only the Court of the area where the offence first began
Answer: A Court having jurisdiction over any of the local areas in which the offence continues
Explanation: For a continuing offence, jurisdiction lies with a Court having jurisdiction over any local area in which the offence continues to be committed; it is not confined to the place where it began.
295. Under the BNSS, 2023, the Magistrate holding an inquiry into the death of a person in police custody must conduct it:
- A. Without informing relatives
- B. Only after one year
- C. In addition to the police inquiry, within twenty-four hours the body must be sent for post-mortem as per the procedure
- D. Only if the relatives complain
Answer: In addition to the police inquiry, within twenty-four hours the body must be sent for post-mortem as per the procedure
Explanation: A death in custody must be investigated by a Judicial Magistrate, and the body examined by a doctor within twenty-four hours.
296. Under the BNSS, 2023, prior to the sentence of death being carried out, the Court shall issue a warrant to:
- A. The Public Prosecutor
- B. The Executive Magistrate
- C. The prison where the convict is confined
- D. The nearest police station
Answer: The prison where the convict is confined
Explanation: The warrant is issued to the Superintendent of the prison in which the convict is confined; the execution takes place only after confirmation by High Court and disposal of mercy petitions.
297. Under the BNSS, 2023, the Magistrate, in respect of an accused who is a woman, may order that the person be searched only by:
- A. Any male officer of the rank of Inspector
- B. Any male constable
- C. A private security guard
- D. Another woman, with strict regard to decency
Answer: Another woman, with strict regard to decency
Explanation: When the person to be searched is a woman, the search is made by another woman with strict regard to decency.
298. Under the BNSS, 2023, a Magistrate may take cognizance of an offence of defamation only upon a complaint made by:
- A. Any police officer
- B. The Chief Secretary
- C. Any member of the public
- D. Some person aggrieved by the offence
Answer: Some person aggrieved by the offence
Explanation: Defamation can be taken cognizance of only on a complaint by the person aggrieved (BNSS Section 222), which is a restriction on the Magistrate's general power to take cognizance on information from any source.
299. Under the BNSS, 2023, a Public Prosecutor can withdraw from prosecution of any person with the consent of the Court. If the withdrawal is made before a charge is framed, the accused is:
- A. Convicted on plea
- B. Acquitted in all cases
- C. Sent to the Sessions Court
- D. Discharged in respect of such offence or offences
Answer: Discharged in respect of such offence or offences
Explanation: Withdrawal before framing of charge results in discharge; after framing of charge, in acquittal.
300. Under the BNSS, 2023, an accused shall have the right to be defended by an advocate of his choice. If he is unable to afford, the Court shall in a Sessions trial assign:
- A. No advocate, since he is poor
- B. A police officer to defend him
- C. A Public Prosecutor to defend him
- D. An advocate for his defence at the expense of the State
Answer: An advocate for his defence at the expense of the State
Explanation: If the accused has no pleader and cannot afford one, the Court assigns a pleader at State expense.
301. Under the BNSS, 2023, the police officer forwarding the chargesheet must also forward the documents on which the prosecution proposes to rely, along with the statements recorded under Section 180 of all persons whom the prosecution proposes to examine as witnesses, except those:
- A. The accused wants removed
- B. The complainant wishes to alter
- C. The witness wants hidden for fun
- D. He requests the Magistrate to exclude from copies given to the accused as unnecessary or against public interest
Answer: He requests the Magistrate to exclude from copies given to the accused as unnecessary or against public interest
Explanation: A police officer may request the Magistrate to exclude any part of a statement from the copies to the accused if he considers it not relevant or against public interest.
302. Under the BNSS, 2023, the order of the Magistrate for remanding an accused to custody to a place other than police custody sends him to:
- A. Judicial custody in a prison
- B. A railway protection post
- C. The Magistrate's chamber
- D. The residence of the SHO
Answer: Judicial custody in a prison
Explanation: Detention not in police custody is in judicial custody at a prison.
303. Under the BNSS, 2023, the maximum period of detention in police custody at a stretch is limited because the accused must be produced before a Magistrate within 24 hours. The Magistrate authorising remand can do so only if:
- A. The police station SHO telephones him
- B. The accused is produced before him (physically or via audio-video electronic means) and adequate grounds exist
- C. The accused's advocate requests it
- D. The complainant consents
Answer: The accused is produced before him (physically or via audio-video electronic means) and adequate grounds exist
Explanation: Remand requires the accused to be produced before the Magistrate in person or through audio-video electronic means, and the Magistrate must be satisfied about the grounds.
304. Under the BNSS, 2023, which of the following is correct? (i) A statement to the police during investigation can be used to corroborate or contradict a witness only as allowed by law. (ii) The accused must sign the statement made to police.
- A. Neither (i) nor (ii)
- B. Only (i)
- C. Only (ii)
- D. Both (i) and (ii)
Answer: Only (i)
Explanation: A police statement is not signed by the maker and, apart from limited use for contradicting a witness (and dying declarations), is not usable as substantive evidence.
305. Under the BNSS, 2023, the medical examination of a female arrestee at the request of the police shall be made only by:
- A. Any registered medical practitioner
- B. A female registered medical practitioner, or under her supervision
- C. A police constable
- D. Any nurse
Answer: A female registered medical practitioner, or under her supervision
Explanation: A woman's medical examination is conducted only by or under the supervision of a female registered medical practitioner.
306. Under the BNSS, 2023, in a summons-case instituted on a complaint, if the complainant does not appear on the day fixed, the Magistrate shall ordinarily:
- A. Issue a warrant against the complainant
- B. Convict the accused
- C. Commit the case to Sessions
- D. Acquit the accused unless he adjourns the hearing to another day
Answer: Acquit the accused unless he adjourns the hearing to another day
Explanation: On the complainant's absence the Magistrate acquits the accused unless for some reason he adjourns the hearing.
307. In a summons-case under the BNSS, 2023, when the accused appears, the Magistrate:
- A. Discharges him automatically
- B. Commits the case to Sessions
- C. Frames a formal charge with sections
- D. States to him the particulars of the offence of which he is accused and asks whether he pleads guilty; no formal charge is framed
Answer: States to him the particulars of the offence of which he is accused and asks whether he pleads guilty; no formal charge is framed
Explanation: In a summons-case no formal charge is framed; the substance of the accusation is stated to the accused.
308. Under the BNSS, 2023, in a case instituted on a police report, the victim may, with the permission of the Court:
- A. Conduct the cross-examination without the prosecutor
- B. Replace the Public Prosecutor
- C. Engage an advocate of his choice to assist the prosecution
- D. Withdraw the case on his own
Answer: Engage an advocate of his choice to assist the prosecution
Explanation: The victim can engage an advocate to assist the prosecution, who acts under the directions of the Public Prosecutor.
309. Under the BNSS, 2023, before a trial in absentia can begin against a proclaimed offender, the Court must ensure that:
- A. The Sessions Judge has transferred the case
- B. Only one summons was issued
- C. Two successive warrants of arrest were issued at an interval of at least thirty days and the accused was served with notice of trial
- D. He has been convicted earlier
Answer: Two successive warrants of arrest were issued at an interval of at least thirty days and the accused was served with notice of trial
Explanation: The Court must have issued two consecutive arrest warrants at least thirty days apart, published notice including electronic means, and the trial can proceed after 90 days from framing of charge.
310. Under the BNSS, 2023, the Court trying a case may order the production of any document or thing at any stage of investigation, inquiry, trial or other proceeding; for this purpose a 'document' also includes:
- A. Only bank passbooks
- B. Only handwritten papers
- C. Electronic communication and digital records
- D. Only Government gazettes
Answer: Electronic communication and digital records
Explanation: The summons-to-produce provision now explicitly covers electronic communication, including digital devices and records.
311. Under the BNSS, 2023, when an officer is investigating an offence and requires production of a document or other thing, the written order is addressed to:
- A. The Sessions Judge
- B. The Executive Magistrate only
- C. The person in whose possession or power the document or thing is believed to be
- D. The complainant only
Answer: The person in whose possession or power the document or thing is believed to be
Explanation: The written order requiring production is addressed to the person believed to possess it; BNSS extends it to electronic communication devices and digital evidence.
312. Under the BNSS, 2023, a private person may arrest any person who, in his presence, commits a non-bailable and cognizable offence, or who is:
- A. A proclaimed offender
- B. A government servant on duty
- C. A minor
- D. A public prosecutor
Answer: A proclaimed offender
Explanation: A private person may arrest a proclaimed offender and an offender committing a non-bailable cognizable offence in his presence.
313. Under the BNSS, 2023, any private person arresting a person under the Sanhita must, without unnecessary delay:
- A. Make over the person to a police officer or take him to the nearest police station
- B. Release him on bail
- C. Keep him for 24 hours
- D. Hand him to a village headman
Answer: Make over the person to a police officer or take him to the nearest police station
Explanation: A private person who arrests must hand over the arrestee to a police officer or take him to the nearest police station without unnecessary delay.
314. Under the BNSS, 2023, a Court of Session sitting at a place other than its ordinary place of sitting may do so:
- A. Whenever the judge wishes
- B. With the consent of the prosecution and the accused, if it is expedient for the convenience of parties and witnesses
- C. Only on Sundays
- D. Only on High Court's orders
Answer: With the consent of the prosecution and the accused, if it is expedient for the convenience of parties and witnesses
Explanation: The Sessions Judge may hold sittings at another place in the division with the consent of the prosecution and the accused when expedient for convenience of parties and witnesses.
315. Under the BNSS, 2023, three offences of the same kind committed within the space of twelve months may be charged and tried together, and the maximum number of such offences is:
- A. Three
- B. Two
- C. Seven
- D. Five
Answer: Three
Explanation: An accused may be charged with and tried at one trial for up to three offences of the same kind committed within twelve months.
316. Under the BNSS, 2023, when the accused is charged with an offence but the evidence proves a minor offence in the same facts, the Court may:
- A. Order a fresh trial in all cases
- B. Convict him of the minor offence though he was not charged with it
- C. Forward the matter to the High Court
- D. Acquit him
Answer: Convict him of the minor offence though he was not charged with it
Explanation: If the facts proved constitute a minor offence of the same kind as the one charged, he may be convicted of the minor offence.
317. Under the BNSS, 2023, the charge framed against the accused must state:
- A. Only the name of the accused
- B. Only the investigating officer's opinion
- C. Only the sentence proposed
- D. The offence with which he is charged, the law and section, and time and place of the alleged offence
Answer: The offence with which he is charged, the law and section, and time and place of the alleged offence
Explanation: The charge sets out the offence, the section of law, and particulars of time, place and person against whom or thing in respect of which it was committed.
318. Under the BNSS, 2023, a person examined by a police officer during investigation is bound to answer truly all questions relating to the case, except those which:
- A. Are asked by a constable
- B. Are asked in Hindi
- C. Concern the weather
- D. Tend to expose him to a criminal charge, penalty or forfeiture
Answer: Tend to expose him to a criminal charge, penalty or forfeiture
Explanation: A witness must answer truly all questions except those whose answers would expose him to a criminal charge, penalty or forfeiture.
319. Under the BNSS, 2023, a Court may issue a commission for the examination of a witness whose attendance cannot be procured without unreasonable delay or expense, or because of:
- A. Preference of the defence
- B. Absence of the Public Prosecutor
- C. Illness or infirmity
- D. Holiday of the Court
Answer: Illness or infirmity
Explanation: A commission to examine a witness may issue when the witness's attendance cannot be procured without unreasonable delay, expense or inconvenience, including infirmity.
320. Under the BNSS, 2023, on request, a copy of the judgment must be given to the accused:
- A. After thirty days against a fee
- B. Only after the appeal period
- C. Immediately and free of cost
- D. Only with the Magistrate's consent
Answer: Immediately and free of cost
Explanation: On pronouncing a judgment of conviction, a copy is given to the accused immediately and without cost.