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401. Under the BNSS, 2023, a Magistrate may order any person, including one who has not been arrested, to give specimen signatures, handwriting, finger impressions and:
- A. Voice samples
- B. Retina scan only
- C. Blood group only
- D. DNA profile only
Answer: Voice samples
Explanation: BNSS expressly extends the Magistrate's power to voice samples and removes the need for the person to have been arrested.
402. Under the BNSS, 2023, a person arrested shall not be subjected to more restraint than is:
- A. Needed to extract a confession
- B. Ordered by the complainant
- C. Necessary to prevent his escape
- D. Desired by the investigating officer
Answer: Necessary to prevent his escape
Explanation: An arrested person must not be subjected to more restraint than is necessary to prevent escape; handcuffing is separately regulated.
403. Under the BNSS, 2023, the person making an arrest may use all means necessary to effect it if the person forcibly resists, but this does not extend to causing death unless the arrestee is accused of an offence punishable with:
- A. Any non-bailable offence
- B. Imprisonment for ten years
- C. Death or imprisonment for life
- D. Imprisonment for seven years or more
Answer: Death or imprisonment for life
Explanation: The right to arrest does not extend to causing the death of a person not accused of an offence punishable with death or life imprisonment.
404. Under the BNSS, 2023, a police officer may break open a door or window of a place to enter and effect an arrest. If the apartment is in the actual occupation of a woman (not the person sought) who by custom does not appear in public, the officer must:
- A. Give notice that she may withdraw and afford her reasonable facility for withdrawing
- B. Wait for a court order
- C. Enter at once without any notice
- D. Seal the apartment and leave
Answer: Give notice that she may withdraw and afford her reasonable facility for withdrawing
Explanation: Before breaking into such an apartment the officer must notify the woman that she is at liberty to withdraw and give her reasonable facility to do so.
405. Under the BNSS, 2023, security for good behaviour from habitual offenders may be demanded for a period not exceeding:
- A. Five years
- B. Three years
- C. Six months
- D. One year
Answer: Three years
Explanation: For habitual offenders, a bond for good behaviour may be demanded for up to three years, whereas vagrants and suspected persons can be bound over for up to one year.
406. Under the BNSS, 2023, an Executive Magistrate may require a person likely to commit a breach of the peace to execute a bond for keeping the peace for a period not exceeding:
- A. One year
- B. Three years
- C. Six months
- D. Five years
Answer: One year
Explanation: A bond for keeping the peace can be required for a period not exceeding one year.
407. Under the BNSS, 2023, an order under the Magistrate's urgent-powers provision (corresponding to Section 144 CrPC) shall not remain in force beyond two months unless the State Government extends it; the extension can be for a maximum of:
- A. Two years from the making of the order
- B. Six months from the making of the order
- C. One year from the making of the order
- D. Three months from the making of the order
Answer: Six months from the making of the order
Explanation: The basic life of the order is two months; the State Government may extend it, but never beyond six months from the date it was made, and only if needed to prevent riot or affray.
408. In a land dispute proceeding before an Executive Magistrate under the BNSS, a party forcibly and wrongfully dispossessed within how long before the Magistrate's preliminary order is deemed to have been in possession?
- A. Six months
- B. Two months
- C. Fifteen days
- D. One year
Answer: Two months
Explanation: A person forcibly and wrongfully dispossessed within two months next before the date of the Magistrate's preliminary order is treated as having been in possession on that date.
409. Under the BNSS, 2023, a Magistrate deciding a dispute concerning land likely to cause a breach of the peace decides it by determining:
- A. Which party filed first
- B. Which party is financially stronger
- C. Which party was in actual possession of the subject of dispute on the date of the order
- D. Which party holds the better title deed
Answer: Which party was in actual possession of the subject of dispute on the date of the order
Explanation: The Executive Magistrate does not decide title; he decides actual possession on the date of the order. A party forcibly and wrongfully dispossessed within two months before the order is treated as in possession.
410. Under the BNSS, 2023, the offence of theft may be inquired into or tried by a Court within whose local limits:
- A. The theft was committed, or the stolen property was possessed by the thief or a person receiving or retaining it
- B. Only where the first complaint was posted
- C. Only where the owner of the property resides
- D. Only where the accused was born
Answer: The theft was committed, or the stolen property was possessed by the thief or a person receiving or retaining it
Explanation: Offences of theft, extortion, criminal misappropriation and receipt of stolen property can be tried where the offence was committed or where the property was possessed by the offender or a person who received or retained it.
411. Under the BNSS, 2023, an offence committed during a journey on a train may be inquired into or tried by a Court having jurisdiction over:
- A. Only the area where the journey began
- B. Only the area where the journey ended
- C. Only the Court at the railway zonal headquarters
- D. Any local area through which the train passed in the course of that journey
Answer: Any local area through which the train passed in the course of that journey
Explanation: An offence committed while the person or thing in respect of which it was committed was in transit may be inquired into or tried by a Court through whose local jurisdiction the person or thing passed in the course of the journey.
412. Under the BNSS, 2023, a Magistrate who believes that a person is confined in circumstances amounting to an offence may:
- A. Order the arrest of the informant
- B. Transfer the matter to the High Court without inquiry
- C. Only direct the police to file a FIR
- D. Issue a search warrant, and the person found must be produced before him to be dealt with as he thinks fit
Answer: Issue a search warrant, and the person found must be produced before him to be dealt with as he thinks fit
Explanation: A Magistrate may issue a search warrant for persons wrongfully confined; the person found is produced before him and he makes such order as the circumstances require.
413. A warrant of arrest issued by a Magistrate is to be executed outside his local jurisdiction. Under the BNSS, it may be forwarded for execution to:
- A. Only the Registrar of the High Court
- B. An Executive Magistrate, District Superintendent of Police or Commissioner of Police within whose limits it is to be executed
- C. Only the Director General of Police of the State
- D. Any private person of the area
Answer: An Executive Magistrate, District Superintendent of Police or Commissioner of Police within whose limits it is to be executed
Explanation: The warrant is forwarded to an Executive Magistrate, District Superintendent of Police or Commissioner of Police in whose local limits it is to be executed; that authority endorses and directs it to a police officer for execution.
414. Under the BNSS, 2023, a summons to a Government servant is served by sending it in duplicate to:
- A. The nearest Executive Magistrate
- B. The Superintendent of Police of the district
- C. The head of the office where he is employed, who must serve it and return it with his endorsement
- D. The Registrar of the High Court
Answer: The head of the office where he is employed, who must serve it and return it with his endorsement
Explanation: A summons on a Government servant is sent in duplicate to the head of his office, who serves it and returns one copy with his signed endorsement; that is sufficient proof of service.
415. Under the BNSS, 2023, summons that cannot be served on the person summoned because he cannot be found may be served by leaving a copy with:
- A. The village headman or ward member only
- B. Only an adult male member of his family
- C. Any neighbour who is a literate adult
- D. An adult member of his family residing with him, whether male or female
Answer: An adult member of his family residing with him, whether male or female
Explanation: The old CrPC referred to an 'adult male member' of the family; the BNSS substitutes an 'adult member of his family', so a woman member can accept service.
416. Under the BNSS, 2023, an accused who is found by the court at trial to have been of unsound mind at the time of the act, and thus not criminally liable, is:
- A. Convicted with a reduced sentence
- B. Fined and released
- C. Retried by the Sessions Court
- D. Acquitted on the ground of unsoundness of mind, and the finding states whether he committed the act
Answer: Acquitted on the ground of unsoundness of mind, and the finding states whether he committed the act
Explanation: The court records an acquittal on grounds of unsoundness of mind and specifies whether the accused committed the act.
417. Under the BNSS, 2023, a person of unsound mind who is released on bail pending proceedings is to be given into the custody of:
- A. A relative or friend who undertakes to prevent him from doing injury to himself or any other person
- B. The Station House Officer
- C. A private security agency
- D. The Executive Magistrate alone
Answer: A relative or friend who undertakes to prevent him from doing injury to himself or any other person
Explanation: Bail for a person of unsound mind is conditional on a surety/relative undertaking to prevent him from harming himself or others and to produce him for examination.
418. Under the BNSS, 2023, a Magistrate holding an inquiry into the unsoundness of mind of an accused person shall have the person examined by:
- A. The investigating Station House Officer
- B. The District Magistrate personally
- C. A Public Prosecutor
- D. The civil surgeon or another medical officer as the State Government may direct
Answer: The civil surgeon or another medical officer as the State Government may direct
Explanation: The Magistrate has the accused examined by the civil surgeon or other medical officer to determine unsoundness of mind.
419. Under the BNSS, 2023, a person of unsound mind accused of an offence who is incapable of making his defence by reason of unsoundness of mind shall have the proceedings:
- A. Postponed until he is capable of making his defence
- B. Transferred to the High Court for final decision
- C. Dropped permanently
- D. Continued ex parte
Answer: Postponed until he is capable of making his defence
Explanation: Where the accused is of unsound mind and incapable of defence, the Magistrate postpones the proceedings after medical inquiry.
420. Under the BNSS, 2023, in a summary trial, the Magistrate is required to record:
- A. The opinion of the Public Prosecutor
- B. A verbatim record of every witness's statement
- C. Only the sentence, with no reasons
- D. A judgment containing a brief statement of the reasons for the finding, and need not record full depositions of witnesses
Answer: A judgment containing a brief statement of the reasons for the finding, and need not record full depositions of witnesses
Explanation: Summary trials dispense with the full recording of evidence; a record of the substance of evidence and a brief judgment suffices.
421. Under the BNSS, 2023, in a summary trial, the maximum term of imprisonment that may be awarded in case of conviction is:
- A. Six months
- B. Three months
- C. Two years
- D. One year
Answer: Three months
Explanation: No sentence of imprisonment exceeding three months can be passed in a summary trial.
422. Under the BNSS, 2023, if in a summons-case instituted on a complaint the complainant is absent on the day fixed for hearing, the Magistrate may, unless he thinks it proper to adjourn:
- A. Issue a warrant against the complainant
- B. Acquit the accused
- C. Convict the accused
- D. Transfer the case to the Sessions Court
Answer: Acquit the accused
Explanation: Non-appearance of the complainant in a summons-case permits acquittal of the accused unless the Magistrate adjourns the hearing.
423. Under the BNSS, 2023, in a summons-case, when the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused:
- A. Shall be withheld until evidence is led
- B. Shall be framed as a written charge in all cases
- C. Shall be read by the Public Prosecutor only
- D. Shall be stated to him, and he shall be asked whether he pleads guilty; no formal charge need be framed
Answer: Shall be stated to him, and he shall be asked whether he pleads guilty; no formal charge need be framed
Explanation: In summons-cases the particulars of the offence are stated to the accused and he is asked to plead; no formal charge is needed.
424. Under the BNSS, 2023, an error or omission in stating the offence or particulars in a charge shall be regarded as material only if:
- A. The accused was in fact misled by it and it occasioned a failure of justice
- B. It occurs in a case tried by a Magistrate
- C. It is noticed by the prosecutor
- D. It relates to the date of the offence
Answer: The accused was in fact misled by it and it occasioned a failure of justice
Explanation: Errors in the charge are immaterial unless the accused was actually misled and a failure of justice resulted.
425. Under the BNSS, 2023, where a person is charged with an offence consisting of several particulars, a combination of only some of which constitutes a complete minor offence, and the combination is proved, he may be:
- A. Retried afresh from the beginning
- B. Acquitted of everything
- C. Convicted of the minor offence, though he was not charged with it
- D. Convicted only of the major offence
Answer: Convicted of the minor offence, though he was not charged with it
Explanation: The BNSS permits conviction of a minor offence on a charge of a major offence where the particulars proved constitute the minor offence.
426. Under the BNSS, 2023, for every distinct offence of which a person is accused there shall be:
- A. No charge at all in warrant cases
- B. A charge framed only by the High Court
- C. Only one charge covering all offences
- D. A separate charge, and each such charge shall be tried separately, subject to the exceptions in the Chapter
Answer: A separate charge, and each such charge shall be tried separately, subject to the exceptions in the Chapter
Explanation: The general rule is a separate charge and a separate trial for each distinct offence, subject to the statutory exceptions on joinder.
427. Under the BNSS, 2023, a person accused of more than one offence of the same kind committed within the space of twelve months may be charged with and tried at one trial for any number of them not exceeding:
- A. Seven
- B. Two
- C. Five
- D. Three
Answer: Three
Explanation: The joinder rule allows up to three offences of the same kind committed within twelve months to be tried together.
428. Under the BNSS, 2023, when a charge is altered in a way likely to prejudice the accused in his defence, the court may:
- A. Direct a new trial or adjourn the trial for such period as is necessary
- B. Forfeit his bail
- C. Transfer the case to another State
- D. Discharge the accused automatically
Answer: Direct a new trial or adjourn the trial for such period as is necessary
Explanation: If the alteration is likely to prejudice the accused, the court either directs a new trial or adjourns the trial for a suitable period.
429. Under the BNSS, 2023, in a trial, a charge may be altered or added to by the court:
- A. At any time before the judgment is pronounced
- B. Only after the judgment
- C. Only with the High Court's permission
- D. Only before the framing of the charge
Answer: At any time before the judgment is pronounced
Explanation: A court may alter or add to any charge at any time before the judgment is pronounced; every alteration must be read and explained to the accused.
430. Under the BNSS, 2023, when a woman sentenced to death is found to be pregnant, the High Court shall:
- A. Order the execution of the sentence to be postponed, and may commute it to imprisonment for life
- B. Order her release without any condition
- C. Remit the case to the Magistrate for fresh trial
- D. Order immediate execution
Answer: Order the execution of the sentence to be postponed, and may commute it to imprisonment for life
Explanation: The procedure for a pregnant woman sentenced to death requires the High Court to postpone execution and permits commutation to life imprisonment.
431. Under the BNSS, 2023, the sentence of imprisonment for life of a convict may be commuted by the appropriate Government to imprisonment for a term of:
- A. Not less than seven years
- B. Not less than one year
- C. Not less than ten years
- D. Not less than three years
Answer: Not less than seven years
Explanation: Under BNSS a life sentence can be commuted only to imprisonment for not less than seven years, and a death sentence can be commuted to imprisonment for life.
432. Under Section 144 of the BNSS, 2023, a maintenance order made in favour of a wife shall be cancelled by the Magistrate on proof that:
- A. She has remarried
- B. She has taken a job in a government office
- C. She has changed her residence
- D. She has visited her parents
Answer: She has remarried
Explanation: A maintenance order in favour of a wife is cancelled on proof that she has remarried, or has been paid the customary or personal-law dues on divorce.
433. Under Section 144 of the BNSS, 2023, proceedings for maintenance may be taken against a person in any district:
- A. Only in the district of the High Court
- B. Only where he owns immovable property
- C. Only where the marriage was registered
- D. Where he is, or where he or his wife resides, or where he last resided with his wife or with the mother of the illegitimate child
Answer: Where he is, or where he or his wife resides, or where he last resided with his wife or with the mother of the illegitimate child
Explanation: The venue provision lets the proceedings be taken where the person is, where he or his wife resides, or where he last resided with his wife or the child's mother.
434. Under Section 144 of the BNSS, 2023, no warrant shall be issued for the recovery of any amount due under a maintenance order unless the application for its recovery is made within:
- A. Three years
- B. Six months
- C. Thirty days
- D. One year from the date on which the amount became due
Answer: One year from the date on which the amount became due
Explanation: A recovery application for maintenance arrears must be made within one year of the date on which the amount became due.
435. Under Section 144 of the BNSS, 2023, if a person ordered to pay maintenance fails to comply without sufficient cause, the Magistrate may sentence him to imprisonment for a term which may extend to:
- A. Six months
- B. Seven days
- C. One month, or until payment if sooner made
- D. One year
Answer: One month, or until payment if sooner made
Explanation: For each month's allowance remaining unpaid, the Magistrate may sentence the defaulter to imprisonment up to one month or until payment, if sooner made.
436. Under Section 144 of the BNSS, 2023, where an application for interim maintenance and expenses of the proceeding is pending, the Magistrate shall endeavour to dispose of it within:
- A. Fifteen days from filing
- B. One year from the date of service
- C. Sixty days from the date of service of notice on the other party
- D. Seven days from filing
Answer: Sixty days from the date of service of notice on the other party
Explanation: The Magistrate must endeavour to dispose of the interim maintenance application within sixty days of the service of notice on the person against whom it is made.
437. Under Section 144 of the BNSS, 2023, a wife shall NOT be entitled to maintenance allowance if:
- A. She is employed in a private job
- B. She has lived with her parents for one month
- C. She is living in adultery, or refuses without sufficient reason to live with her husband, or they are living separately by mutual consent
- D. She belongs to a different religion
Answer: She is living in adultery, or refuses without sufficient reason to live with her husband, or they are living separately by mutual consent
Explanation: The statutory disqualifications are adultery, refusal to live with the husband without sufficient reason, and living separately by mutual consent.
438. Which of the following persons is NOT entitled to claim maintenance under Section 144 of the BNSS, 2023 from a person having sufficient means?
- A. A minor illegitimate child
- B. A major child suffering from a physical or mental abnormality who cannot maintain himself
- C. A father unable to maintain himself
- D. A major, able-bodied son who has no physical or mental abnormality
Answer: A major, able-bodied son who has no physical or mental abnormality
Explanation: Maintenance lies for wife, minor children, adult children with a disability who cannot maintain themselves, and parents; an able-bodied adult son does not qualify.
439. Under Section 144 of the BNSS, 2023, a 'wife' entitled to claim maintenance includes:
- A. Only a woman married for more than ten years
- B. A woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried
- C. A woman who has remarried after divorce
- D. Only a woman currently living with her husband
Answer: A woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried
Explanation: The explanation to the maintenance section extends 'wife' to a divorced woman who has not remarried.
440. Under Section 144 of the BNSS, 2023 (maintenance), the order for monthly allowance for maintenance can be passed by:
- A. A Station House Officer
- B. An Executive Magistrate only
- C. A Magistrate of the first class
- D. A Magistrate of the second class
Answer: A Magistrate of the first class
Explanation: The maintenance provision (old Section 125 CrPC) empowers a Magistrate of the first class to order monthly allowance for wife, children and parents.
441. Under the BNSS, 2023, a court may take cognizance of an offence after the expiry of the period of limitation if:
- A. The complainant is a public servant
- B. The offence is only bailable
- C. It is satisfied on the facts and circumstances of the case that the delay has been properly explained or that it is necessary in the interests of justice
- D. The accused consents in writing
Answer: It is satisfied on the facts and circumstances of the case that the delay has been properly explained or that it is necessary in the interests of justice
Explanation: The court has a limited power to take cognizance beyond the period if the delay is properly explained or if it is necessary in the interests of justice.
442. Under the BNSS, 2023, where the identity of the offender is not known at the time of the offence, the period of limitation begins from:
- A. The day of the final report
- B. The day the case diary is closed
- C. The day the FIR is registered irrespective of identity
- D. The first day on which the identity of the offender becomes known to the person aggrieved or to the police officer, whichever is earlier
Answer: The first day on which the identity of the offender becomes known to the person aggrieved or to the police officer, whichever is earlier
Explanation: Where the offender's identity is unknown, limitation runs from the first day the identity becomes known to the aggrieved person or the police officer, whichever is earlier.
443. For the purpose of limitation under the BNSS, 2023, the period begins from the date of the offence, or where the commission of the offence was not known to the person aggrieved or the police, from:
- A. The date of the trial's commencement
- B. The date of the High Court's order
- C. The date of arrest of the accused
- D. The first day on which the offence comes to the knowledge of such person or the police, whichever is earlier
Answer: The first day on which the offence comes to the knowledge of such person or the police, whichever is earlier
Explanation: Where the offence is not immediately known, time runs from the first day it comes to the knowledge of the aggrieved person or the police officer, whichever is earlier.
444. Under the BNSS, 2023, in computing the period of limitation, the time during which a person has been prosecuting with due diligence another prosecution in a court which lacked jurisdiction, in good faith:
- A. Shall be doubled
- B. Shall be excluded
- C. Shall bar the prosecution altogether
- D. Shall be counted as part of the period
Answer: Shall be excluded
Explanation: Time spent bona fide and diligently in another court without jurisdiction is excluded when computing limitation.
445. For the purpose of limitation under the BNSS, 2023, in the case of a continuing offence a fresh period of limitation begins to run:
- A. Only once, from the first day of the offence
- B. At every moment of the time during which the offence continues
- C. Only after conviction
- D. Only after the chargesheet
Answer: At every moment of the time during which the offence continues
Explanation: In a continuing offence, a fresh period of limitation begins to run at every moment during which the offence continues.
446. Under the BNSS, 2023, there is no period of limitation for taking cognizance of an offence punishable with imprisonment exceeding:
- A. Three years
- B. Seven years
- C. Six months
- D. One year
Answer: Three years
Explanation: The limitation provisions apply only up to offences punishable with imprisonment up to three years; graver offences have no bar of limitation.
447. Under the BNSS, 2023, the period of limitation for taking cognizance of an offence punishable with imprisonment for a term exceeding one year but not exceeding three years is:
- A. Five years
- B. One year
- C. Three years
- D. Six months
Answer: Three years
Explanation: The limitation ladder is six months (fine only), one year (up to one year imprisonment) and three years (over one year up to three years).
448. Under Chapter XXXVIII of the BNSS, 2023 (limitation for taking cognizance), the period of limitation for an offence punishable with fine only is:
- A. Six months
- B. One year
- C. Three years
- D. No limitation
Answer: Six months
Explanation: For offences punishable with fine only, cognizance cannot be taken after six months.
449. Under the BNSS, 2023, an order passed by a Magistrate granting bail to an accused in a non-bailable case may later be cancelled by:
- A. The High Court or Court of Session, and also the court that granted it, by directing the arrest and commitment to custody
- B. Only the District Magistrate
- C. Only the Supreme Court
- D. Only the Station House Officer
Answer: The High Court or Court of Session, and also the court that granted it, by directing the arrest and commitment to custody
Explanation: The High Court, Court of Session, or the court that granted bail can direct that a person released on bail be arrested and committed to custody.
450. Under the BNSS, 2023, when a bond for appearance before a court is forfeited, the court must:
- A. Dismiss the case against the accused
- B. Record the grounds of forfeiture and call upon the person bound to pay the penalty or show cause why it should not be paid
- C. Transfer the case to the Sessions Court
- D. Immediately imprison the surety for one year
Answer: Record the grounds of forfeiture and call upon the person bound to pay the penalty or show cause why it should not be paid
Explanation: The forfeiture procedure requires recorded grounds and a notice to pay or show cause; if neither, the penalty is recoverable as if it were a fine.
451. Under the BNSS, 2023, a surety who wishes to be discharged from his bond may apply to the Magistrate, who shall then:
- A. Forfeit the bond forthwith
- B. Immediately cancel the case against the accused
- C. Issue a warrant of arrest directing the accused to be brought before him
- D. Refer the matter to the High Court
Answer: Issue a warrant of arrest directing the accused to be brought before him
Explanation: On a surety's application for discharge, the Magistrate issues a warrant for the accused's arrest; on appearance the surety is discharged and the accused is called upon to find fresh sureties.
452. Under the BNSS, 2023, if a surety to a bail bond dies before the bond is forfeited:
- A. The accused is automatically acquitted
- B. The case is closed
- C. The bond is discharged, and the court may call upon the person bound to furnish a fresh surety
- D. The surety's heirs become bound for the full amount
Answer: The bond is discharged, and the court may call upon the person bound to furnish a fresh surety
Explanation: On the death of a surety before forfeiture, the bond is discharged and the court may require fresh sureties.
453. Under the BNSS, 2023, the amount of every bond for appearance or bail shall be fixed:
- A. At twice the fine prescribed for the offence
- B. At a uniform amount of Rs. 10,000 for all cases
- C. With due regard to the circumstances of the case, and shall not be excessive
- D. At the discretion of the arrested person alone
Answer: With due regard to the circumstances of the case, and shall not be excessive
Explanation: The bond-amount provision requires the amount to be fixed with due regard to circumstances and not be excessive; the High Court or Sessions Court may reduce it.
454. Under the BNSS, 2023, a bail bond executed by an accused to ensure his appearance before the higher court after conclusion of trial and during disposal of appeal remains in force for:
- A. One month
- B. Two years
- C. Until the sentence expires
- D. Six months
Answer: Six months
Explanation: Before conclusion of trial and before disposal of appeal, the accused must execute bail bonds with sureties to appear before the higher court, and such bonds remain in force for six months.
455. Under Section 483 of the BNSS, 2023, the High Court or Court of Session may:
- A. Only confirm bail orders passed by a Magistrate
- B. Grant bail only in cases triable by the High Court
- C. Grant bail only after the chargesheet is filed
- D. Direct that any person in custody be admitted to bail and set aside or modify any condition imposed by a Magistrate
Answer: Direct that any person in custody be admitted to bail and set aside or modify any condition imposed by a Magistrate
Explanation: Section 483 (old Section 439 CrPC) gives special powers to the High Court and Court of Session regarding bail and conditions imposed by a Magistrate.
456. Under Section 482 of the BNSS, 2023, if a person granted anticipatory bail is thereafter arrested without warrant by an officer in charge of a police station on such accusation and is prepared to give bail, he shall be:
- A. Remanded to police custody for 15 days
- B. Kept in lock-up until the chargesheet
- C. Produced before the High Court for fresh bail
- D. Released on bail
Answer: Released on bail
Explanation: The anticipatory bail direction operates so that on arrest on the same accusation the person, if prepared to give bail, must be released.
457. Under Section 482 of the BNSS, 2023, a condition that may be imposed on a person granted anticipatory bail relating to travel is that he:
- A. Shall not leave his district without police escort
- B. Shall not travel by railway
- C. Shall not leave his home State for 10 years
- D. Shall not leave India without the previous permission of the court
Answer: Shall not leave India without the previous permission of the court
Explanation: One of the statutory conditions for anticipatory bail is that the person shall not leave India without previous permission of the court.
458. Which of the following is a condition that a court may impose while granting anticipatory bail under the BNSS, 2023?
- A. That the person shall live in the police station premises
- B. That the person shall make himself available for interrogation by a police officer as and when required
- C. That the person shall surrender his bank accounts to the police
- D. That the person shall report to the court daily for one year
Answer: That the person shall make himself available for interrogation by a police officer as and when required
Explanation: The statutory conditions include availability for interrogation, no inducement/threat/promise to witnesses, and not leaving India without the court's previous permission.
459. Under Section 482 of the BNSS, 2023, the High Court or Court of Session may direct that a person apprehending arrest for a non-bailable offence be released on bail in the event of arrest. This is popularly known as:
- A. Default bail
- B. Interim custody
- C. Statutory bail on chargesheet
- D. Anticipatory bail
Answer: Anticipatory bail
Explanation: Section 482 BNSS (old Section 438 CrPC) empowers the High Court and Court of Session to grant directions for bail in the event of arrest.
460. Under Section 479 of the BNSS, 2023, in computing the period of detention for the one-half or one-third fraction, the period of detention caused by delay in proceedings attributable to the accused:
- A. Shall be excluded
- B. Shall be counted in full
- C. Shall be counted as half
- D. Shall be counted double
Answer: Shall be excluded
Explanation: The explanation to the section excludes from the detention period any delay in proceedings caused by the accused.
461. Under Section 479 of the BNSS, 2023, an undertrial against whom proceedings are pending in more than one offence or in more than one case:
- A. Is entitled to automatic release after six months
- B. Is entitled to release only on half the fraction
- C. Is not entitled to the benefit of release on bail under that section
- D. Is entitled to release only by the High Court
Answer: Is not entitled to the benefit of release on bail under that section
Explanation: The section's benefit excludes persons facing investigation, inquiry or trial in more than one offence or case, besides those charged with life or death offences.
462. Under Section 479 of the BNSS, 2023, the written application for release on bail of an undertrial who has completed the specified fraction of the maximum sentence is to be made by:
- A. The Superintendent of the jail where he is detained, who must apply to the court
- B. The District Magistrate on his own motion
- C. The investigating officer of the case
- D. The Station House Officer of the concerned police station
Answer: The Superintendent of the jail where he is detained, who must apply to the court
Explanation: Section 479 casts a duty on the jail Superintendent to apply in writing to the court for release once the undertrial becomes eligible, so that eligible prisoners are not left in custody for want of an application.
463. Under the BNSS, 2023, when at any time after the conclusion of trial and before judgment the court is satisfied that there are reasonable grounds to believe the accused is not guilty, the court shall:
- A. Order a fresh investigation by the CBI
- B. Release the accused on a bond without sureties for appearance to hear the judgment
- C. Convict him with a lenient sentence
- D. Forfeit his bail bond
Answer: Release the accused on a bond without sureties for appearance to hear the judgment
Explanation: The bail provision directs release on a bond without sureties, conditional on appearance to hear the judgment, where the court finds reasonable grounds of innocence after the trial has concluded.
464. Under the BNSS, 2023, if in a non-bailable case triable by a Magistrate the trial is not concluded within sixty days from the first date fixed for taking evidence and the accused has been in custody throughout, he shall, unless the Magistrate records reasons otherwise, be:
- A. Transferred to the Sessions Court
- B. Released on bail to the satisfaction of the Magistrate
- C. Discharged and the case closed
- D. Acquitted automatically
Answer: Released on bail to the satisfaction of the Magistrate
Explanation: The 60-day rule gives a custodial accused a claim to bail where evidence-taking in a Magistrate-triable non-bailable case drags on, unless the Magistrate records reasons in writing.
465. In the BNSS provision on bail in non-bailable cases, which category of accused may be released on bail by the court even if the offence is punishable with death or life imprisonment?
- A. A person under the age of sixteen years, or a woman, or a sick or infirm person
- B. A person who is a public servant
- C. A person who is above the age of sixty years only
- D. A person who has previously been released on bail once
Answer: A person under the age of sixteen years, or a woman, or a sick or infirm person
Explanation: The proviso allows the court to direct release of a person under sixteen, a woman, or a sick or infirm person even where the offence carries death or life imprisonment.
466. Under the BNSS, 2023, a person accused of a non-bailable offence shall NOT be released on bail if there appear reasonable grounds for believing that he has been guilty of an offence punishable with:
- A. Death or imprisonment for life
- B. Imprisonment of up to 7 years
- C. Imprisonment of up to 3 years
- D. Fine only
Answer: Death or imprisonment for life
Explanation: The bar on bail in non-bailable cases applies where there are reasonable grounds to believe the accused is guilty of an offence punishable with death or life imprisonment, subject to the exceptions for a person under 16, a woman, or a sick or infirm person.
467. Under the BNSS, 2023, a person accused of a non-cognizable-and-bailable offence being granted bail by the police is released on execution of:
- A. A surety bond of an Advocate only
- B. A bond with or without sureties, as the officer directs
- C. An affidavit sworn before a Notary alone
- D. Only a cash deposit equal to the fine
Answer: A bond with or without sureties, as the officer directs
Explanation: Release on bail is effected by execution of a bond (with or without sureties) in the amount fixed by the officer or court.
468. Under the BNSS, 2023, a person arrested for a bailable offence who is unable to furnish surety within one week of his arrest is:
- A. Required to deposit the full penalty amount in cash
- B. Presumed to be an indigent person, and may be released on his personal bond without sureties
- C. Required to remain in custody until the trial ends
- D. Compulsorily sent to judicial custody for 15 days
Answer: Presumed to be an indigent person, and may be released on his personal bond without sureties
Explanation: The proviso to the bailable-offence provision treats failure to furnish surety within a week of arrest as a circumstance for presuming indigency, so release on a personal bond without sureties is possible.
469. Under the BNSS, 2023, when a person accused of a bailable offence is arrested without warrant by an officer in charge of a police station and is prepared to give bail, the officer must:
- A. Release him on bail
- B. Produce him before the High Court first
- C. Release him only after filing the chargesheet
- D. Keep him in custody until the Magistrate permits release
Answer: Release him on bail
Explanation: In a bailable offence bail is a matter of right; the police officer or the court must release the person who is prepared to furnish bail.
470. The BNSS provision on removal of public nuisances by conditional order (Section 152) is invoked by a Magistrate specifically against:
- A. a witness who has not attended Court
- B. a person causing an unlawful obstruction or nuisance in a public place, or trade or occupation injurious to public health
- C. a person with a pending civil suit for money
- D. a person who refuses to pay property tax
Answer: a person causing an unlawful obstruction or nuisance in a public place, or trade or occupation injurious to public health
Explanation: The conditional order procedure targets obstructions or nuisances in public places and trades injurious to health; it is a summary executive remedy.
471. An order under Section 163 of the BNSS issued in an emergency against a particular individual or the public generally, where there is no time to serve notice, may be passed:
- A. only after hearing every affected person
- B. only with the High Court's approval
- C. never in an emergency
- D. ex parte, and an affected person can apply to the Magistrate to rescind or alter it
Answer: ex parte, and an affected person can apply to the Magistrate to rescind or alter it
Explanation: Urgent orders can be ex parte, but the Magistrate must hear an affected person on application and may rescind or alter the order.
472. Under Section 163 of the BNSS, 2023, an order may be issued by:
- A. only the Station House Officer
- B. only a Judicial Magistrate of the first class
- C. a District Magistrate, a Sub-Divisional Magistrate or any other Executive Magistrate empowered by the State Government
- D. only the High Court
Answer: a District Magistrate, a Sub-Divisional Magistrate or any other Executive Magistrate empowered by the State Government
Explanation: The power rests with the DM, SDM or another Executive Magistrate specially empowered by the State Government.
473. Section 163 of the BNSS, 2023 (the successor of Section 144 CrPC) empowers an order in urgent cases of nuisance or apprehended danger. Such an order cannot remain in force for more than:
- A. one week, extendable to one month
- B. two months from the date of the order, extendable by the State Government up to six months in total
- C. fifteen days, extendable to a year
- D. one year with no extension
Answer: two months from the date of the order, extendable by the State Government up to six months in total
Explanation: Section 163 orders last up to two months; the State Government can extend them, but the total cannot exceed six months.
474. Under BNSS, no prosecution can be instituted against an Executive Magistrate or armed forces officer for acts done under the dispersal provisions in good faith without:
- A. a complaint by the local panchayat
- B. a notice to the High Court Registrar
- C. the sanction of the appropriate Government (the Central Government for armed forces officers)
- D. a unanimous vote of the Bar Association
Answer: the sanction of the appropriate Government (the Central Government for armed forces officers)
Explanation: Acts done under the dispersal provisions are protected from prosecution unless the appropriate Government sanctions it.
475. Under BNSS, a commissioned or gazetted officer of the armed forces may disperse an unlawful assembly on his own authority when:
- A. the assembly is peaceful
- B. a Sessions Judge so requests
- C. no Executive Magistrate can be communicated with and public security is manifestly endangered
- D. the assembly consists of fewer than three persons
Answer: no Executive Magistrate can be communicated with and public security is manifestly endangered
Explanation: The officer acts independently only if no Executive Magistrate is reachable and public security is manifestly endangered, and must report to the nearest Magistrate.
476. Under BNSS, an assembly that cannot otherwise be dispersed and whose dispersal is necessary for public security may be dispersed by the armed forces on the order of:
- A. the Public Prosecutor
- B. the Executive Magistrate of the highest rank present
- C. the nearest constable
- D. the complainant
Answer: the Executive Magistrate of the highest rank present
Explanation: The Executive Magistrate of highest rank present may cause the assembly to be dispersed by armed forces, using as little force and injury as consistent with dispersal.
477. Who may command an unlawful assembly, or an assembly of five or more persons likely to cause a disturbance of the public peace, to disperse under BNSS?
- A. any Executive Magistrate, the officer in charge of a police station, or in his absence a police officer not below the rank of Sub-Inspector
- B. only a Judicial Magistrate of the second class
- C. only a constable on duty
- D. only the Chief Minister
Answer: any Executive Magistrate, the officer in charge of a police station, or in his absence a police officer not below the rank of Sub-Inspector
Explanation: The power to command dispersal is vested in an Executive Magistrate, the officer in charge of a police station or a police officer not below Sub-Inspector in his absence.
478. A person arrested by a police officer to prevent the commission of a cognizable offence under BNSS cannot be detained for more than:
- A. thirty days
- B. fifteen days
- C. twenty-four hours from the time of arrest, unless his detention is required or authorised under another provision of law
- D. seven days
Answer: twenty-four hours from the time of arrest, unless his detention is required or authorised under another provision of law
Explanation: Preventive arrest is limited to 24 hours unless other law requires or authorises longer detention.
479. Under BNSS, a police officer who receives information of a design to commit a cognizable offence shall:
- A. keep it secret from all superiors
- B. wait for the offence to occur
- C. communicate it to the officer to whom he is subordinate and to any other officer whose duty is to prevent or take cognizance of the offence
- D. publish it in the newspaper
Answer: communicate it to the officer to whom he is subordinate and to any other officer whose duty is to prevent or take cognizance of the offence
Explanation: Information of a design to commit a cognizable offence must be communicated to superiors and to the officer concerned with prevention or cognizance.
480. Under BNSS, a police officer may, on his own authority, interpose to prevent injury to public property. This includes:
- A. only injury to bank accounts
- B. injury attempted in his view to movable or immovable public property, or to any public landmark or navigation buoy
- C. only injury to private houses
- D. only injury to a policeman's personal vehicle
Answer: injury attempted in his view to movable or immovable public property, or to any public landmark or navigation buoy
Explanation: The preventive power covers attempts, in the officer's view, at injury to public property whether movable or immovable, including landmarks and navigation buoys.