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321. Under the BNSS, 2023, an appellate Court may, pending the appeal, order that the execution of the sentence appealed against be suspended and, if the appellant is in confinement:
- A. Must dismiss the appeal
- B. Must order a retrial
- C. Must transfer him to another jail
- D. Release him on bail or on his own bond, recording reasons in writing
Answer: Release him on bail or on his own bond, recording reasons in writing
Explanation: The appellate Court may suspend the sentence and release the appellant on bail for reasons recorded in writing.
322. Under the BNSS, 2023, in a case of conviction for an offence punishable with death or imprisonment for life, the Court must record:
- A. Special reasons if sentencing to death; life imprisonment is the rule
- B. Only the name of the Public Prosecutor
- C. Special reasons if sentencing to life imprisonment
- D. No reasons at all
Answer: Special reasons if sentencing to death; life imprisonment is the rule
Explanation: Where the offence is punishable with death or life, the judgment must state the special reasons for imposing death; life imprisonment is the normal punishment.
323. Under the BNSS, 2023, the period of detention undergone by an accused as an undertrial during investigation or trial is:
- A. Set off against the term of imprisonment imposed on conviction
- B. Counted only for fine
- C. Added to the sentence
- D. Ignored for sentencing
Answer: Set off against the term of imprisonment imposed on conviction
Explanation: Detention during investigation, inquiry or trial is set off against the sentence of imprisonment, but not against imprisonment ordered in default of fine.
324. Under the BNSS, 2023, when the President rejects a mercy petition of a death-sentenced convict, the decision:
- A. Is final and no appeal lies to any court against it
- B. Can be appealed to the Supreme Court as a matter of right
- C. Can be reviewed by the Sessions Judge
- D. Can be reviewed by the High Court
Answer: Is final and no appeal lies to any court against it
Explanation: BNSS expressly states that the President's order on a mercy petition is final and not subject to judicial review in appeal.
325. Under the BNSS, 2023, a police officer may arrest without a warrant a person who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from:
- A. A private building
- B. Any public park
- C. A railway platform
- D. Lawful custody
Answer: Lawful custody
Explanation: Obstructing a police officer in duty and escaping or attempting to escape from lawful custody are grounds for arrest without warrant.
326. Under the BNSS, 2023, a police officer may arrest without a warrant a person for whose arrest a requisition has been received from another police officer, provided the requisition specifies:
- A. Only the name of the Magistrate
- B. The person to be arrested and the offence or other cause for which the arrest is to be made, and that he could lawfully be arrested without warrant by the requisitioning officer
- C. Only the rank of the officer
- D. Only the police station's phone number
Answer: The person to be arrested and the offence or other cause for which the arrest is to be made, and that he could lawfully be arrested without warrant by the requisitioning officer
Explanation: A requisition must specify the person, the offence or cause, and that the requisitioning officer could arrest him without warrant.
327. Under the BNSS, 2023, a police officer may arrest without a warrant any released convict who commits a breach of any rule made under the provision regulating:
- A. Notification of residence or change of residence by released convicts
- B. Admission of witnesses
- C. Salary of constables
- D. Grant of bail
Answer: Notification of residence or change of residence by released convicts
Explanation: A released convict who breaches the rules on notifying residence can be arrested without warrant.
328. Under the BNSS, 2023, a police officer may arrest without a warrant any person who is a deserter from the:
- A. Railway Protection Force's civil staff only
- B. Armed forces of the Union
- C. Home Guards only
- D. Municipal police
Answer: Armed forces of the Union
Explanation: A police officer may arrest, without warrant or order, a person who is, or is reasonably suspected to be, a deserter from any of the Armed Forces of the Union.
329. Under the BNSS, 2023, a copy of the FIR must be given free of cost forthwith to:
- A. Only the Magistrate
- B. Only the Public Prosecutor
- C. The informant or the victim
- D. Only the accused
Answer: The informant or the victim
Explanation: A copy of the information as recorded is given forthwith, free of cost, to the informant or the victim.
330. Under the BNSS, 2023, an electronic FIR lodged by the informant is required to be:
- A. Ignored if oral
- B. Re-registered by a Magistrate
- C. Signed by the informant within three days to be recorded in the book
- D. Verified by the Sessions Judge
Answer: Signed by the informant within three days to be recorded in the book
Explanation: Information given by electronic communication is taken on record only on being signed by the informant within three days.
331. Under the BNSS, 2023, the witnesses to a search of a place should preferably be:
- A. Two police constables
- B. Two relatives of the accused
- C. Journalists
- D. Two independent and respectable inhabitants of the locality (or of another locality if none available)
Answer: Two independent and respectable inhabitants of the locality (or of another locality if none available)
Explanation: Two or more independent and respectable inhabitants of the locality are called to witness; if none, those of another locality.
332. Under the BNSS, 2023, when a police officer makes a search under a warrant or without it, the list of articles seized must be prepared and a copy given to:
- A. Only the SP
- B. Only the complainant
- C. The owner or occupier of the place searched, signed by the witnesses
- D. The press
Answer: The owner or occupier of the place searched, signed by the witnesses
Explanation: A signed list of seized things is prepared, witnessed, and a copy is given to the owner or occupier.
333. Under the BNSS, 2023, a witness examined by a police officer during investigation shall be truthful, and the statement made to the police officer, if reduced to writing:
- A. Must be sworn before the SHO
- B. Must be attested by a Magistrate
- C. Must be signed in every case
- D. Shall not be required to be signed by the person making it
Answer: Shall not be required to be signed by the person making it
Explanation: Statements to police during investigation are not signed by the maker; BNSS also allows audio-video recording of such statements.
334. Under the BNSS, 2023, the benefit of the early release of an undertrial after serving a portion of the maximum sentence is not available to a person against whom:
- A. Proceedings are pending in more than one offence, or an offence punishable with life imprisonment or death
- B. A person over 60 years
- C. A woman
- D. A person with one case only
Answer: Proceedings are pending in more than one offence, or an offence punishable with life imprisonment or death
Explanation: BNSS excludes undertrials facing offences punishable with death or life imprisonment, and those against whom proceedings are pending in more than one offence.
335. Under the BNSS, 2023, the jail Superintendent must inform the Court when an undertrial has completed one-half (one-third for a first-time offender) of the maximum sentence; this is because the undertrial is then:
- A. Liable to additional charges
- B. Entitled to be released on his personal bond
- C. Entitled to automatic acquittal
- D. Required to be transferred to another prison
Answer: Entitled to be released on his personal bond
Explanation: An undertrial who has served up to half (one-third for first-time offenders) of the maximum imprisonment is to be released on personal bond; not applicable to offences punishable with death or life imprisonment.
336. Under the BNSS, 2023, an order granting bail may be cancelled by:
- A. The High Court or Court of Session, or the Court which granted bail, on cause being shown
- B. The police station SHO
- C. Any Executive Magistrate
- D. The Public Prosecutor on his own
Answer: The High Court or Court of Session, or the Court which granted bail, on cause being shown
Explanation: A Court that has released a person on bail, and the High Court or Court of Session, may direct his arrest and commitment to custody.
337. Under the BNSS, 2023, the High Court or Court of Session granting anticipatory bail may impose conditions, including that the person shall:
- A. Pay a fixed fine to the police
- B. Surrender his passport only after trial
- C. Make himself available for interrogation by a police officer as and when required
- D. Report to the Supreme Court weekly
Answer: Make himself available for interrogation by a police officer as and when required
Explanation: Typical conditions are availability for interrogation, not inducing or threatening witnesses and not leaving India without permission.
338. Under the BNSS, 2023, the Court of Session or High Court may direct that any person suspected of an offence be released on bail pending arrest. This is also described as:
- A. Default bail
- B. Interim bail on medical ground
- C. Anticipatory bail
- D. Statutory bail
Answer: Anticipatory bail
Explanation: Anticipatory bail is a direction that on arrest the person be released on bail; the Court may impose conditions.
339. Under the BNSS, 2023, the right to default bail is extinguished when:
- A. The accused is a woman
- B. The chargesheet is filed before the accused applies for and is granted default bail
- C. The accused is a senior citizen
- D. The offence is triable by a Magistrate
Answer: The chargesheet is filed before the accused applies for and is granted default bail
Explanation: The right accrues on expiry of the period without chargesheet; if the chargesheet is filed before he exercises the right, it is lost.
340. Under the BNSS, 2023, a case where an accused is in detention and the investigation is not completed within 90 days (for offences punishable with death, life, or at least 10 years) entitles him to be released on bail if he is ready:
- A. Ready to and does furnish bail
- B. A woman only
- C. A public servant only
- D. A first offender only
Answer: Ready to and does furnish bail
Explanation: On expiry of 90 days (or 60 days for lesser offences), an accused who is prepared to and does furnish bail is released by statute as a matter of right (default bail).
341. An accused is in police custody for 10 days out of the first 40 days for an offence punishable with death. He can still be remanded to police custody for the remaining:
- A. Up to five days, within the 15-day aggregate limit
- B. None
- C. Fifteen more days
- D. Thirty more days
Answer: Up to five days, within the 15-day aggregate limit
Explanation: Police custody in aggregate cannot exceed 15 days, though under BNSS it can be taken in parts within the first 40 or 60 days.
342. Under the BNSS, 2023, the Magistrate before whom an arrested person is produced and who has no jurisdiction to try the case may authorise detention for such term:
- A. Up to six months
- B. Not at all
- C. As he thinks fit, not exceeding fifteen days in the whole (for police custody), with the accused thereafter in judicial custody
- D. Up to one year
Answer: As he thinks fit, not exceeding fifteen days in the whole (for police custody), with the accused thereafter in judicial custody
Explanation: Police custody can be authorised for up to 15 days in aggregate, in whole or parts, during the first 40 or 60 days of the 60/90-day detention period.
343. Under the BNSS, 2023, if during investigation or trial of a non-bailable offence the Court finds no reasonable ground for believing the accused guilty, it must:
- A. Order a fresh FIR
- B. Transfer the trial to another State
- C. Release him on bail pending further inquiry, recording reasons
- D. Dismiss the complaint at once
Answer: Release him on bail pending further inquiry, recording reasons
Explanation: Where there are no reasonable grounds for believing him guilty but sufficient grounds for further inquiry, he is released on bail pending the inquiry.
344. Under the BNSS, 2023, a court may release on bail a person accused of a non-bailable offence punishable with death or life imprisonment if he is under the age of:
- A. Eighteen years
- B. Twenty-one years
- C. Fourteen years
- D. Sixteen years
Answer: Sixteen years
Explanation: A person under 16, a woman, or a sick or infirm person may be released on bail even where the offence is punishable with death or life imprisonment.
345. Under the BNSS, 2023, a person who has been arrested may be released on his own bond instead of sureties if the arresting officer is satisfied that he will appear; this is available in:
- A. Only offences punishable with death
- B. Bailable offences, as a matter of right
- C. Only non-cognizable non-bailable offences
- D. Only offences against the State
Answer: Bailable offences, as a matter of right
Explanation: The officer in charge of a police station can release an accused of a bailable offence on bail bond.
346. Under the BNSS, 2023, a person arrested for a bailable offence who cannot furnish surety within one week of arrest is presumed to be:
- A. A proclaimed person
- B. A flight risk
- C. An indigent person
- D. A habitual offender
Answer: An indigent person
Explanation: Inability to furnish surety within a week raises a presumption of indigency, entitling him to release on a personal bond.
347. A man is arrested by a police officer without a warrant, after sunset, for a bailable offence and is unable to furnish surety. Under the BNSS he is:
- A. Entitled to be released on bail if he is prepared to furnish bail, and an indigent person may be released on executing a bond without sureties
- B. Not entitled to bail until trial
- C. To be kept until the next court holiday
- D. Liable to be remanded without hearing
Answer: Entitled to be released on bail if he is prepared to furnish bail, and an indigent person may be released on executing a bond without sureties
Explanation: In a bailable offence bail is a right; a person who cannot furnish surety within a week of arrest is presumed indigent and is entitled to be released on a personal bond.
348. An RPF Inspector arrests a person without a warrant for a cognizable offence at a railway station. Under the BNSS, the arrested person must be produced before the nearest Magistrate within:
- A. Seventy-two hours
- B. Twenty-four hours, excluding the time necessary for travel from the place of arrest to the Magistrate's Court
- C. Forty-eight hours including travel
- D. Twelve hours
Answer: Twenty-four hours, excluding the time necessary for travel from the place of arrest to the Magistrate's Court
Explanation: The 24-hour limit excludes travel time; no extension can be made by the officer himself, and only a Magistrate can authorise further detention.
349. Under the BNSS, 2023, the term 'victim' includes the guardian or legal heir of the victim; the term 'police station' refers to:
- A. Any post or place declared generally or specially by the State Government to be a police station, including a specified local area
- B. Only a district headquarters
- C. Only a Government Railway Police office
- D. Only buildings owned by the police
Answer: Any post or place declared generally or specially by the State Government to be a police station, including a specified local area
Explanation: State Government declares what is a police station; the definition covers a post or place and any specified local area.
350. Under the BNSS, 2023, the term 'offence' includes any act or omission made punishable by any law in force, and also:
- A. Any act in respect of which a complaint may be made under Section 20 of the Cattle-trespass Act, 1871
- B. Any breach of contract
- C. Any administrative lapse
- D. Any civil wrong
Answer: Any act in respect of which a complaint may be made under Section 20 of the Cattle-trespass Act, 1871
Explanation: The definition of 'offence' expressly includes acts for which a complaint can be made under Section 20 of the Cattle-trespass Act, 1871.
351. Under the BNSS, 2023, a 'bailable offence' means an offence shown as bailable in the First Schedule or made bailable by any other law; a 'non-bailable offence' means:
- A. Only an offence punishable with death
- B. Any other offence
- C. Only an offence of the Railways Act
- D. Only an offence triable by Sessions
Answer: Any other offence
Explanation: Any offence that is not bailable under the First Schedule or another law is non-bailable.
352. Under the BNSS, 2023, a person arrested to prevent a cognizable offence cannot be detained for more than how many hours from the time of arrest unless his further detention is required or authorised under another provision?
- A. Seventy-two hours
- B. Twenty-four hours
- C. Forty-eight hours
- D. Twelve hours
Answer: Twenty-four hours
Explanation: Such a person cannot be detained beyond 24 hours unless required under the Sanhita or another law.
353. Under the BNSS, 2023, when information of a design to commit a cognizable offence reaches a police officer, he shall communicate it to:
- A. The police officer to whom he is subordinate and to any other officer whose duty is to prevent or take cognizance of such offence
- B. Only the District Magistrate
- C. Only the press
- D. Only the Sessions Judge
Answer: The police officer to whom he is subordinate and to any other officer whose duty is to prevent or take cognizance of such offence
Explanation: The officer must pass the information to his superior and to other officers charged with preventing or cognizing such offences.
354. Under the BNSS, 2023, a Magistrate may dispense with the personal attendance of the accused and permit appearance through:
- A. His employer
- B. Any family member
- C. His advocate, if he sees reason to do so
- D. A police constable
Answer: His advocate, if he sees reason to do so
Explanation: On issuing process, the Magistrate may dispense with personal attendance and permit appearance through an advocate, though he can later direct personal attendance.
355. Under the BNSS, 2023, a Magistrate can dismiss a complaint when, after considering the statements on oath and the result of any inquiry or investigation, he finds:
- A. The complainant is a woman
- B. The complaint is filed in Hindi
- C. The accused is a public servant
- D. There is no sufficient ground for proceeding, recording briefly his reasons
Answer: There is no sufficient ground for proceeding, recording briefly his reasons
Explanation: A complaint is dismissed where there is no sufficient ground for proceeding, with brief reasons recorded.
356. Under the BNSS, 2023, a Magistrate taking cognizance of an offence on a complaint shall examine the complainant and witnesses on oath, except where the complaint is made by:
- A. A public servant acting or purporting to act in the discharge of his official duties, or a Court
- B. Any senior citizen
- C. A lawyer
- D. Any woman
Answer: A public servant acting or purporting to act in the discharge of his official duties, or a Court
Explanation: The need to examine the complainant on oath does not apply where the complaint is by a public servant in the discharge of official duties, or by a Court.
357. Under the BNSS, 2023, a police officer who seizes property suspected to have been stolen or found under suspicious circumstances must:
- A. Return it to any claimant
- B. Keep it with himself until trial
- C. Sell it after thirty days
- D. Forthwith report the seizure to the Magistrate having jurisdiction
Answer: Forthwith report the seizure to the Magistrate having jurisdiction
Explanation: A seizure of property suspected stolen must be reported forthwith to the Magistrate, who decides its custody and disposal.
358. Under the BNSS, 2023, every police officer making a search or seizure should have it audio-video recorded, preferably through a mobile phone, and the recording must be:
- A. Forwarded forthwith to the District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the first class
- B. Kept only in the malkhana register
- C. Deleted after the trial
- D. Shown only to the complainant
Answer: Forwarded forthwith to the District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the first class
Explanation: The audio-video recording of the search and seizure must be forwarded forthwith to the District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the first class.
359. Under the BNSS, 2023, a Court may issue a Letter of Request to a Court or authority in a foreign country in order to:
- A. Waive its own procedure
- B. Extend its own territorial jurisdiction
- C. Obtain evidence, or secure attachment and forfeiture of proceeds of crime or property located abroad
- D. Appoint a foreign prosecutor
Answer: Obtain evidence, or secure attachment and forfeiture of proceeds of crime or property located abroad
Explanation: BNSS provides letters of request for evidence and for identification, attachment and forfeiture of property abroad, and reciprocal arrangements with other countries.
360. Under the BNSS, 2023, a Magistrate summoning a witness may, in addition to the usual service, direct that the summons be sent by:
- A. Telegram only
- B. Speed post or courier services approved by the High Court or State Government
- C. Word of mouth
- D. A private person's courier
Answer: Speed post or courier services approved by the High Court or State Government
Explanation: Summons to a witness may additionally be sent by speed post or a courier service approved by the High Court or State Government, and service by such mode counts as valid service.
361. Under the BNSS, 2023, a revision application cannot be entertained against:
- A. A final conviction order of a Magistrate
- B. An interlocutory order passed in an appeal, inquiry, trial or other proceeding
- C. An order of discharge
- D. A sentence of imprisonment
Answer: An interlocutory order passed in an appeal, inquiry, trial or other proceeding
Explanation: The revisional powers do not extend to interlocutory orders, the bar being aimed at delay in trial.
362. Under the BNSS, 2023, the complainant who wishes to appeal against an acquittal in a case instituted upon complaint must first obtain special leave of the High Court, applying within:
- A. Thirty days
- B. Sixty days from the date of the order of acquittal
- C. One year
- D. Ninety days
Answer: Sixty days from the date of the order of acquittal
Explanation: A complainant's application for special leave to appeal against acquittal must be filed within 60 days.
363. Under the BNSS, 2023, a person who has been convicted by a Sessions Judge or on a trial held by any other Court and sentenced to imprisonment for more than seven years may appeal to:
- A. The High Court
- B. The Court of Session
- C. The District Magistrate
- D. The Supreme Court directly
Answer: The High Court
Explanation: Appeal from a conviction by a Sessions Judge, or any Court with a sentence above seven years, lies to the High Court; others from Magistrates lie to the Court of Session.
364. Under the BNSS, 2023, all hospitals, public or private, must immediately provide first-aid or medical treatment free of cost to victims of certain offences, and must also:
- A. Immediately inform the police of the incident
- B. Refer the victim to the district hospital only
- C. Wait for a Magistrate's permission
- D. Charge a fee later from the police
Answer: Immediately inform the police of the incident
Explanation: Hospitals must give free treatment to victims of rape, acid attack and similar listed offences and inform the police immediately.
365. Under the BNSS, 2023, every State Government must prepare, in coordination with the Central Government, a scheme for:
- A. Recruitment of constables
- B. Setting up of Sessions Courts
- C. Training of Public Prosecutors
- D. Compensation to the victim or his dependants who suffered loss or injury and require rehabilitation
Answer: Compensation to the victim or his dependants who suffered loss or injury and require rehabilitation
Explanation: The victim compensation scheme is prepared by the State in coordination with the Centre; the State or District Legal Services Authority decides the quantum.
366. Under the BNSS, 2023, property seized by the police that is subject to speedy and natural decay may be:
- A. Sold by order of the Magistrate (or as the Magistrate thinks fit) without waiting for the period of claim
- B. Destroyed by the SHO on his own
- C. Kept in the malkhana till trial
- D. Returned to the accused without order
Answer: Sold by order of the Magistrate (or as the Magistrate thinks fit) without waiting for the period of claim
Explanation: Perishable property or property whose custody costs exceed its value may be sold or disposed of under the Magistrate's order and the proceeds dealt with as the Court directs.
367. Under the BNSS, 2023, when a police officer seizes property and the person entitled to it is unknown, the Magistrate may publish a proclamation; if no claimant appears within what period may the property be sold?
- A. Six months
- B. Thirty days
- C. One year
- D. Three months
Answer: Six months
Explanation: If no person with a right to the property appears and proves a claim within six months of the proclamation, the Magistrate may order it to be sold or dealt with under State Government rules. Perishable or valueless property can be sold sooner.
368. Under the BNSS, 2023, when a bond is forfeited, the Court may recover the penalty as if it were a fine, and if the surety fails to pay, he may be imprisoned in civil jail for a term which may extend to:
- A. Six months
- B. Two years
- C. One year
- D. Three months
Answer: Six months
Explanation: Where the penalty is not paid and cannot be recovered, the person forfeiting the bond may be sentenced to imprisonment in civil jail for up to six months.
369. Under the BNSS, 2023, in place of executing a bond with sureties, the Court may permit the person to deposit a sum of money or Government promissory notes, except in the case of a bond for:
- A. Good behaviour
- B. Appearance before the police
- C. Bail in a bailable case
- D. Appearance before the Court
Answer: Good behaviour
Explanation: Cash deposit may replace a bond or bail-bond but not a bond for good behaviour.
370. Under the BNSS, 2023, a bond executed by an accused to attend a higher Court after judgment of the trial Court (as to acquittal or conviction), is to remain in force for:
- A. Three months
- B. Until the appeal is decided
- C. One year
- D. Six months
Answer: Six months
Explanation: Before conclusion of trial and before disposal of appeal, the accused executes bail bonds to appear before the higher Court, effective for six months.
371. Under the BNSS, 2023, a police officer may require attendance of a witness at a place other than his residence, but this requirement cannot be made of a man under fifteen or above sixty years of age, a woman, or:
- A. A government servant
- B. A mentally or physically disabled person or a person with acute illness
- C. A person with a previous conviction
- D. A resident of another district
Answer: A mentally or physically disabled person or a person with acute illness
Explanation: BNSS lowers the age to above 60 (from 65 in the CrPC) and adds disabled and acutely ill persons; such persons are to be examined at their residence.
372. Under the BNSS, 2023, in plea bargaining, if the offence has a minimum punishment, the Court may sentence the accused to a term of:
- A. Double the minimum
- B. One-fourth of the maximum
- C. The full minimum
- D. One-half of the minimum punishment
Answer: One-half of the minimum punishment
Explanation: A mutually satisfactory disposition lets the Court sentence to one-half of the minimum.
373. Under the BNSS, 2023, no appeal lies against a conviction in a case resulting from plea bargaining, except:
- A. An appeal to the Sessions Court
- B. A special leave petition before the Supreme Court or a writ petition before the High Court
- C. An appeal to the Executive Magistrate
- D. A revision before the Magistrate
Answer: A special leave petition before the Supreme Court or a writ petition before the High Court
Explanation: The judgment in a plea-bargained case is final; only constitutional remedies (SLP under Article 136 or writ under Article 226/227) remain.
374. Under the BNSS, 2023, a first offender may be released on probation of good conduct for offences punishable with fine only or imprisonment up to seven years; the bond requires him to appear and receive sentence when called upon during a period not exceeding:
- A. Five years
- B. Six months
- C. Three years
- D. One year
Answer: Three years
Explanation: The release is on his entering a bond, with or without sureties, to appear and receive sentence when called upon during a period not exceeding three years, and keep peace and good behaviour meanwhile.
375. Under the BNSS, 2023, the imprisonment a Magistrate may award in default of payment of fine, where no substantive imprisonment is imposed, cannot exceed:
- A. Half of that term
- B. Three months in all cases
- C. One-fourth of the maximum term of imprisonment he is competent to inflict
- D. The full term he can inflict
Answer: One-fourth of the maximum term of imprisonment he is competent to inflict
Explanation: A Magistrate's default imprisonment is limited to one-fourth of the maximum term he is competent to inflict.
376. Under the BNSS, 2023, when a person is convicted at one trial of several offences, a Court may pass cumulative sentences, but the aggregate term need not be referred to a higher Court provided it does not exceed fourteen years and:
- A. Does not exceed twice the punishment the Court can inflict for a single offence
- B. Does not exceed three times that punishment
- C. Is below five years
- D. Does not exceed the minimum punishment
Answer: Does not exceed twice the punishment the Court can inflict for a single offence
Explanation: The aggregate must not exceed 14 years or twice the amount of punishment the Court is competent to inflict for a single offence.
377. Under the BNSS, 2023, the maximum imprisonment a Magistrate of the second class may pass is:
- A. One year
- B. Six months
- C. Five years
- D. Three years
Answer: One year
Explanation: A Magistrate of the second class can pass imprisonment up to one year (first class: up to three years; CJM: up to seven years).
378. Under the savings clause of the BNSS, 2023, an investigation, inquiry or trial pending immediately before the Sanhita came into force on 1 July 2024:
- A. Stands abated
- B. Continues to be dealt with under the Code of Criminal Procedure, 1973 as if it had not been repealed
- C. Must be restarted afresh under the BNSS
- D. Is transferred to the High Court
Answer: Continues to be dealt with under the Code of Criminal Procedure, 1973 as if it had not been repealed
Explanation: Pending appeals, applications, trials, inquiries and investigations at commencement are disposed of under the CrPC as in force before the BNSS.
379. Under the BNSS, 2023, an offence under the BNS is to be investigated, inquired into and tried according to the provisions of the BNSS; offences under other laws are dealt with:
- A. Only by the High Court
- B. Only by Executive Magistrates
- C. Under the same provisions, subject to any enactment regulating the manner or place of investigation or trial
- D. Only under the special law's own code
Answer: Under the same provisions, subject to any enactment regulating the manner or place of investigation or trial
Explanation: Offences under other laws are investigated and tried under the BNSS unless that law provides a different manner or place.
380. Under the BNSS, 2023, words and expressions used but not defined in the Sanhita, yet defined in the Bharatiya Nyaya Sanhita, 2023 or the Information Technology Act, 2000, have:
- A. The meaning given by the Magistrate
- B. The meaning in the Evidence Act only
- C. No fixed meaning
- D. The meanings assigned to them in those enactments
Answer: The meanings assigned to them in those enactments
Explanation: Undefined terms take the meanings assigned in the BNS or the Information Technology Act, 2000.
381. Under the BNSS, 2023, the definition of 'officer in charge of a police station' includes, when he is absent from the station, the police officer present who is:
- A. Any home guard
- B. The senior most constable only
- C. Next in rank above the rank of constable
- D. The Superintendent of Police
Answer: Next in rank above the rank of constable
Explanation: In the absence of the officer in charge, the officer present at the station next in rank above a constable (or, where the State Government so directs, any other police officer present) is treated as the officer in charge.
382. Under the BNSS, 2023, the police report forwarded to the Magistrate on completion of investigation may be forwarded in:
- A. Only through the complainant
- B. Only a handwritten paper copy
- C. Electronic communication, as the Sanhita permits
- D. Only oral intimation
Answer: Electronic communication, as the Sanhita permits
Explanation: BNSS recognises forwarding of the police report by electronic communication; the definition of 'electronic communication' is built into the Sanhita.
383. Under the BNSS, 2023, a Magistrate may take cognizance of an offence upon information received from a person other than a police officer, or upon:
- A. Only a police diary entry
- B. Only a newspaper editorial
- C. Only an order of the High Court
- D. His own knowledge that such offence has been committed
Answer: His own knowledge that such offence has been committed
Explanation: Cognizance can be taken on a complaint, on a police report (including in electronic form), or on information from any person other than a police officer, or on the Magistrate's own knowledge.
384. Under the BNSS, 2023, an offence of absconding to avoid service of summons or disobedience to an order duly promulgated by a public servant is taken cognizance of by a Court only on:
- A. An oral report of a witness
- B. A written complaint by the public servant concerned (or a superior)
- C. Any informer's tip-off
- D. A newspaper report
Answer: A written complaint by the public servant concerned (or a superior)
Explanation: Offences against the lawful authority of public servants (such as absconding to avoid service of summons) can be cognized only on the written complaint of the public servant concerned or his administrative superior.
385. Under the BNSS, 2023, the Government must decide on a request for sanction to prosecute a public servant within what period, failing which sanction is deemed to have been accorded?
- A. Ninety days
- B. Thirty days
- C. Sixty days
- D. One hundred twenty days
Answer: One hundred twenty days
Explanation: The competent Government must take a decision within 120 days of receipt of the request; if it does not, sanction is deemed to be given on expiry of that period.
386. Under the BNSS, 2023, a Magistrate taking cognizance of a complaint against a public servant for an act in discharge of official duty must first:
- A. Issue an immediate arrest warrant
- B. Refer to the High Court
- C. Give the public servant an opportunity to be heard and obtain a report from his superior officer on the assertions made
- D. Dismiss the complaint outright
Answer: Give the public servant an opportunity to be heard and obtain a report from his superior officer on the assertions made
Explanation: The BNSS adds a safeguard: before cognizance of a complaint against a public servant for an official act, the Magistrate must hear him and receive a report from his superior officer.
387. Under the BNSS, 2023, the Court may grant at most how many adjournments to a party after the commencement of the examination of witnesses (as per the proviso on adjournments)?
- A. Two
- B. Three
- C. Unlimited with reasons
- D. Five
Answer: Two
Explanation: BNSS limits the adjournments a Court may grant to a party in a trial to a maximum of two, and each must be for recorded reasons.
388. Under the BNSS, 2023, a Magistrate who finds that an offence is triable exclusively by the Court of Session must:
- A. Try it himself
- B. Send it to the Executive Magistrate
- C. Return the complaint
- D. Commit the case to the Court of Session after complying with the document-supply provision
Answer: Commit the case to the Court of Session after complying with the document-supply provision
Explanation: A Magistrate cannot try an offence triable exclusively by the Court of Session; he commits the case after supplying documents to the accused.
389. Under the BNSS, 2023, after a Magistrate commits a case to the Court of Session, he must ensure the copies of documents supplied to the accused. Where the case is instituted on a police report, copies must be supplied free of cost within:
- A. Three days
- B. Fourteen days from the date of production or appearance of the accused
- C. Thirty days
- D. Sixty days
Answer: Fourteen days from the date of production or appearance of the accused
Explanation: The Magistrate must furnish the accused, free of cost, copies of the police report, FIR, statements and documents within 14 days of the accused's production or appearance.
390. Under the BNSS, 2023, the Court of Session must frame the charge within what period from the date of first hearing on charge?
- A. Sixty days
- B. Thirty days
- C. Fourteen days
- D. Ninety days
Answer: Sixty days
Explanation: BNSS fixes a 60-day limit from the date of the first hearing on charge for framing the charge.
391. Under the BNSS, 2023, an accused in a Sessions case may apply for discharge within what period from the date of committal of the case?
- A. Sixty days
- B. Fifteen days
- C. Ninety days
- D. Thirty days
Answer: Sixty days
Explanation: An application for discharge must be filed within 60 days of committal of the case to the Court of Session.
392. Under the BNSS, 2023, a judgment must be pronounced by the Court within what maximum period from the conclusion of arguments?
- A. Fifteen days
- B. Ninety days
- C. Sixty days
- D. Forty-five days
Answer: Forty-five days
Explanation: BNSS requires the judgment to be pronounced within 45 days of completion of arguments (ordinarily within 30 days, extendable up to 45 for recorded reasons), and made available on the portal within seven days.
393. Under the BNSS, 2023, evidence of a purely formal character, such as proving the character of an accused or custody of an article, may be given:
- A. Only through police diary
- B. Only by a Magistrate's certificate
- C. Only through oral testimony
- D. By affidavit, though the Court may summon and examine the deponent
Answer: By affidavit, though the Court may summon and examine the deponent
Explanation: Formal evidence may be given on affidavit; the Court can still summon and examine the deponent if it thinks fit, and the prosecution or accused may apply for that.
394. Under the BNSS, 2023, the evidence of a person taken in the absence of an accused who has absconded (with no immediate prospect of arrest) may be given in evidence against him on his arrest, provided the deponent is:
- A. Merely unwilling to attend
- B. A police officer of the same station
- C. Dead, incapable of giving evidence, or beyond the reach of the Court or his attendance cannot be procured without unreasonable delay
- D. A relative of the complainant
Answer: Dead, incapable of giving evidence, or beyond the reach of the Court or his attendance cannot be procured without unreasonable delay
Explanation: Depositions recorded in an absconder's absence can be used against him after arrest only if the deponent is dead, incapable, cannot be found, or his attendance cannot be procured without delay or expense unreasonable in the circumstances.
395. Under the BNSS, 2023, if the genuineness of a document filed by the prosecution or accused is not disputed, the Court may:
- A. Read it in evidence without requiring the signatory to prove it
- B. Require a fresh affidavit from the police
- C. Refer it to the High Court
- D. Reject it as unproved
Answer: Read it in evidence without requiring the signatory to prove it
Explanation: When neither side disputes a document's genuineness, formal proof by the signatory is dispensed with, though the Court may still require such proof.
396. Under the BNSS, 2023, reports of a Chemical Examiner or Government fingerprint expert, signed by him, may be used as evidence in an inquiry or trial:
- A. Only after he is examined on oath
- B. Only with the accused's written consent
- C. Without examining him, though the Court may summon him if it thinks fit
- D. Never, as it is hearsay
Answer: Without examining him, though the Court may summon him if it thinks fit
Explanation: Reports of Government scientific experts such as Chemical Examiners and fingerprint experts are admissible without calling the expert, but the Court can summon and examine him.
397. Under the BNSS, 2023, when during an inquiry or trial it appears from the evidence that a person not being the accused has committed an offence for which he could be tried together with the accused, the Court may:
- A. Only warn him
- B. Proceed against that person for the offence he appears to have committed
- C. Adjourn the trial sine die
- D. Only recommend a police report
Answer: Proceed against that person for the offence he appears to have committed
Explanation: The Court may proceed against such person (summoning or arresting him as necessary); the proceedings are commenced afresh and witnesses re-heard in his presence.
398. Under the BNSS, 2023, if an accused person chooses not to give evidence in his own defence, then:
- A. No comment may be made by the prosecution upon his failure to give evidence
- B. He must be convicted
- C. His bail must be cancelled
- D. The Court must draw an adverse inference
Answer: No comment may be made by the prosecution upon his failure to give evidence
Explanation: An accused is a competent witness for the defence only on his own request in writing, and his failure to give evidence cannot be made the subject of comment by any party or the Court or give rise to presumption.
399. Under the BNSS, 2023, the accused is examined by the Court without an oath being administered to him. The purpose of this examination is to:
- A. Enable him to personally explain any circumstances appearing in the evidence against him
- B. Record his confession on oath
- C. Examine his character witnesses
- D. Decide his bail application
Answer: Enable him to personally explain any circumstances appearing in the evidence against him
Explanation: The accused is questioned without oath so that he can personally explain incriminating circumstances in the evidence; he may not be punished for refusing to answer or giving false answers.
400. Under the BNSS, 2023, the pardon that can be tendered to an accomplice is granted on the condition that he makes:
- A. Payment of a fixed fine
- B. Resignation from service
- C. A written apology to the Court
- D. A full and true disclosure of the whole circumstances within his knowledge relating to the offence
Answer: A full and true disclosure of the whole circumstances within his knowledge relating to the offence
Explanation: Pardon is tendered on condition of making a full and true disclosure of the whole circumstances within his knowledge concerning the offence and every other person concerned.