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RPF Sub-Inspector Promotion Examination MCQ Practice

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1601. Under BNS Section 317(2), dishonestly receiving or retaining stolen property knowing or having reason to believe it is stolen is punishable with:
  1. A. Life imprisonment
  2. B. Imprisonment up to six months only
  3. C. Imprisonment up to three years, or fine, or both
  4. D. Imprisonment of at least five years
Answer: Imprisonment up to three years, or fine, or both
Explanation: BNS s.317(2) (old IPC s.411) prescribes imprisonment up to three years, or fine, or both.
1602. Under BNS, 2023 Section 317(1), 'stolen property' means property the possession whereof has been transferred by:
  1. A. Any civil wrong including breach of contract
  2. B. Theft, extortion, robbery, cheating, criminal misappropriation or criminal breach of trust
  3. C. Only theft, extortion or dacoity
  4. D. Only theft or robbery
Answer: Theft, extortion, robbery, cheating, criminal misappropriation or criminal breach of trust
Explanation: BNS s.317(1) widens 'stolen property' beyond theft to include extortion, robbery, cheating, criminal misappropriation and criminal breach of trust.
1603. Section 26 of the General Clauses Act, 1897 provides that where an act is an offence under two or more enactments, the offender:
  1. A. Must be punished under both enactments cumulatively
  2. B. Must be prosecuted under the later enactment only
  3. C. Can be prosecuted only under the special Act
  4. D. May be prosecuted and punished under either enactment but shall not be punished twice for the same offence
Answer: May be prosecuted and punished under either enactment but shall not be punished twice for the same offence
Explanation: GCA s.26 permits prosecution under either enactment (e.g. BNS or the RP(UP) Act) but forbids being punished twice for the same offence.
1604. Ramesh is convicted under Section 3 of the RP(UP) Act for possessing 20 stolen rail clips. The State then wants to try him afresh under BNS Section 317 for retaining the same clips. Which provision bars the second trial on the same facts?
  1. A. BNS Section 303
  2. B. BNSS Section 337 (old CrPC s.300) read with Article 20(2)
  3. C. BNSS Section 482
  4. D. BNSS Section 35
Answer: BNSS Section 337 (old CrPC s.300) read with Article 20(2)
Explanation: BNSS s.337 (CrPC s.300) bars a second trial for the same offence or on the same facts for which a different charge might have been made; Article 20(2) bars prosecution and punishment more than once for the same offence.
1605. For an offence punishable with less than three years, BNSS Section 35(7) bars arrest of a person who is infirm or above 60 years of age unless:
  1. A. The person confesses
  2. B. A written complaint from the railway administration is filed
  3. C. The Magistrate is present at the spot
  4. D. Prior permission of an officer not below the rank of Deputy Superintendent of Police is obtained
Answer: Prior permission of an officer not below the rank of Deputy Superintendent of Police is obtained
Explanation: BNSS s.35(7) was newly introduced for protection of the elderly and infirm in offences below three years' punishment.
1606. Under BNSS Section 35(3), when arrest is not required under Section 35(1), the police officer must:
  1. A. Mandatorily obtain a Magistrate's warrant
  2. B. Mandatorily detain the person for 24 hours
  3. C. Close the case without any step
  4. D. Issue a notice directing the person to appear before him or at a specified place
Answer: Issue a notice directing the person to appear before him or at a specified place
Explanation: BNSS s.35(3) (old CrPC s.41A) requires a notice of appearance; if complied with, the person is not arrested unless recorded reasons justify it (s.35(5)).
1607. In Satender Kumar Antil v. CBI (2022), the Supreme Court reiterated that for offences punishable up to seven years, the investigating officer's approach to arrest should be governed by:
  1. A. The Arnesh Kumar guidelines, so arrest is not routine and the Section 41/41A (now BNSS 35) checklist must be followed
  2. B. The wishes of the complainant
  3. C. The seriousness of the accused's reputation alone
  4. D. Automatic arrest within 24 hours of the FIR
Answer: The Arnesh Kumar guidelines, so arrest is not routine and the Section 41/41A (now BNSS 35) checklist must be followed
Explanation: Antil's Category A (offences up to 7 years) directs compliance with Arnesh Kumar and the notice-of-appearance route before any arrest.
1608. In Nandini Satpathy v. P.L. Dani (1978), the Supreme Court held that the protection of Article 20(3) against self-incrimination:
  1. A. Applies only to persons formally arrested
  2. B. Applies only at the trial stage
  3. C. Extends to the stage of police interrogation, so a person may refuse to answer questions that tend to incriminate him
  4. D. Applies only to written statements
Answer: Extends to the stage of police interrogation, so a person may refuse to answer questions that tend to incriminate him
Explanation: Nandini Satpathy extended the right against self-incrimination to the investigative stage and to witnesses and suspects alike, whenever the answer would tend to expose them to a criminal charge.
1609. Which Supreme Court decision held that involuntary narco-analysis, polygraph and brain-mapping tests violate Articles 20(3) and 21?
  1. A. Selvi v. State of Karnataka (2010)
  2. B. D.K. Basu v. State of West Bengal (1997)
  3. C. Kathi Kalu Oghad (1961)
  4. D. Maneka Gandhi v. Union of India (1978)
Answer: Selvi v. State of Karnataka (2010)
Explanation: Selvi v. State of Karnataka (2010) held compulsory administration of these techniques unconstitutional; voluntary tests need safeguards and the result alone cannot be the sole basis for conviction.
1610. A suspect in RPF custody after a Section 6 arrest says: 'I hid the stolen rail clips behind the water tank,' and leads the officer to that spot where the clips are recovered. Which part of his statement is provable against him?
  1. A. Only the fact that he was arrested
  2. B. None of it, since he was in custody
  3. C. The entire statement including admission of theft
  4. D. Only the portion distinctly relating to the discovery, i.e. where the clips were hidden
Answer: Only the portion distinctly relating to the discovery, i.e. where the clips were hidden
Explanation: BSA s.23(2) proviso (old Evidence Act s.27) lets so much of information received from a person in custody as distinctly relates to the fact thereby discovered be proved, whether or not it amounts to a confession.

1611. Pulukuri Kottaya v. Emperor (1947) is the leading authority on:

  1. A. The extent to which information leading to discovery by an accused in custody is provable (Evidence Act s.27, now BSA s.23(2) proviso)
  2. B. The doctrine of res ipsa loquitur
  3. C. The presumption against receivers of stolen goods
  4. D. The meaning of 'possession' in railway property offences
Answer: The extent to which information leading to discovery by an accused in custody is provable (Evidence Act s.27, now BSA s.23(2) proviso)
Explanation: Pulukuri Kottaya (Privy Council) held that only so much of the accused's statement as distinctly relates to the fact discovered is admissible; the discovery itself must flow from the information.
1612. In Pooran Mal v. Director of Inspection (1974), the Supreme Court held that evidence obtained through an irregular search:
  1. A. Is not automatically excluded if relevant and genuine; the court may examine it with caution
  2. B. Is admissible only if the Magistrate later ratifies the search
  3. C. Is admissible only for civil proceedings
  4. D. Is automatically inadmissible
Answer: Is not automatically excluded if relevant and genuine; the court may examine it with caution
Explanation: Pooran Mal followed the common-law rule: illegality of search does not by itself render seized material inadmissible, though the irregularity affects weight and may invite closer scrutiny.
1613. In M.P. Sharma v. Satish Chandra (1954), a Constitution Bench held that a search and seizure of documents under a valid warrant:
  1. A. Always violates Article 20(3)
  2. B. Is unconstitutional unless the accused consents
  3. C. Is valid only if conducted by a Magistrate personally
  4. D. Does not violate Article 20(3) and does not infringe a fundamental right to privacy under Article 19 or 20
Answer: Does not violate Article 20(3) and does not infringe a fundamental right to privacy under Article 19 or 20
Explanation: M.P. Sharma held that a search under warrant is not 'compelled testimony' by the accused, so Article 20(3) is not violated; this is why searches under RP(UP) s.10 survive constitutional challenge.
1614. In State of Bombay v. Kathi Kalu Oghad (1961), the Supreme Court held that giving specimen handwriting, signature or fingerprints by an accused is:
  1. A. Not testimonial compulsion and so not barred by Article 20(3)
  2. B. Permitted only with a Magistrate present and the accused's written consent
  3. C. Permitted only after conviction
  4. D. Testimonial compulsion barred by Article 20(3)
Answer: Not testimonial compulsion and so not barred by Article 20(3)
Explanation: Kathi Kalu Oghad: being a 'witness' means imparting knowledge from personal knowledge; specimen writing or prints are identification material, not testimony, so Article 20(3) is not attracted.
1615. In Gurbaksh Singh Sibbia v. State of Punjab (1980), the Constitution Bench held that anticipatory bail (now BNSS Section 482):
  1. A. Should not be hedged by rigid time limits or inflexible conditions and is a matter of the court's discretion
  2. B. Is available only when an FIR has already been registered and chargesheet filed
  3. C. Can be granted only for a fixed period of 30 days
  4. D. Is automatically available for every non-bailable offence
Answer: Should not be hedged by rigid time limits or inflexible conditions and is a matter of the court's discretion
Explanation: Sibbia held that s.438 CrPC (BNSS s.482) must not be diluted by judge-made rigid restrictions; it is a wide discretion to be exercised on the facts of each case.
1616. Under BNSS Section 187(2), police custody of an accused can be authorised for a maximum aggregate of:
  1. A. 30 days continuously from the date of arrest
  2. B. 15 days, only within the first 24 hours
  3. C. 15 days, usable in whole or in parts during the first 40 or 60 days of detention
  4. D. 7 days in total
Answer: 15 days, usable in whole or in parts during the first 40 or 60 days of detention
Explanation: BNSS s.187(2) permits up to 15 days of police custody in whole or in parts, during the first 40 days (for 60-day cases) or 60 days (for 90-day cases).
1617. For an offence under Section 3 of the RP(UP) Act (maximum five years' imprisonment), within how many days of the first remand must the investigation be completed to defeat a default-bail claim under BNSS Section 187(3)?
  1. A. 120 days
  2. B. 90 days
  3. C. 60 days
  4. D. 45 days
Answer: 60 days
Explanation: BNSS s.187(3) allows 90 days only for offences punishable with death, life or at least 10 years; for all other offences, including a five-year offence, the limit is 60 days.
1618. In Prem Shankar Shukla v. Delhi Administration (1980), the Supreme Court held that handcuffing of an arrestee:
  1. A. Is permitted only for women arrestees
  2. B. Is prima facie inhuman and violates Article 21 unless it is shown to be absolutely necessary
  3. C. Is permitted for every arrestee as a matter of routine
  4. D. Is a matter solely for the discretion of the arresting officer with no judicial review
Answer: Is prima facie inhuman and violates Article 21 unless it is shown to be absolutely necessary
Explanation: Prem Shankar Shukla held that routine handcuffing is violative of Articles 14, 19 and 21; it is justified only where there is a clear and present danger of escape and reasons are recorded.
1619. Under BNSS Section 38, the right of an arrested person to meet an advocate of his choice during interrogation extends to:
  1. A. Presence of the advocate only after the chargesheet is filed
  2. B. Meeting the advocate during interrogation, though not throughout the interrogation
  3. C. Only a State-appointed legal aid lawyer, not one of his choice
  4. D. Presence of the advocate throughout every question put to him
Answer: Meeting the advocate during interrogation, though not throughout the interrogation
Explanation: BNSS s.38 (old CrPC s.41D) lets the arrestee meet his advocate during interrogation, but not throughout it.
1620. Which BNSS, 2023 provision is the successor of CrPC Section 41B and requires the arresting officer to bear an accurate, visible and clear identification of his name?
  1. A. Section 43
  2. B. Section 35
  3. C. Section 36
  4. D. Section 38
Answer: Section 36
Explanation: BNSS s.36 covers the procedure of arrest: identification of the arresting officer, a memorandum of arrest attested by a witness or family member and countersigned by the arrestee.
1621. Which BNSS, 2023 provision bars detention of a person arrested without warrant for more than 24 hours, excluding journey time, without a Magistrate's special order?
  1. A. Section 47 (old CrPC s.50)
  2. B. Section 106 (old CrPC s.102)
  3. C. Section 58 (old CrPC s.57)
  4. D. Section 36 (old CrPC s.41B)
Answer: Section 58 (old CrPC s.57)
Explanation: BNSS s.58 corresponds to CrPC s.57: a person arrested without warrant cannot be detained beyond 24 hours (excluding journey time) absent a Magistrate's special order under s.187.
1622. After arresting a person under the RP(UP) Act, an RPF officer must, under Section 48 of the BNSS, 2023, immediately give information of the arrest and the place where the arrestee is held to:
  1. A. The local panchayat head
  2. B. Any of his relatives, friends or such other person as he may disclose or nominate
  3. C. Only the railway Divisional Security Commissioner
  4. D. Only the Magistrate having jurisdiction
Answer: Any of his relatives, friends or such other person as he may disclose or nominate
Explanation: BNSS s.48 (old CrPC s.50A) obliges the arresting officer to inform a relative, friend or nominated person of the arrest and the place of custody, and to record it.
1623. Under Section 47(2) of the BNSS, 2023, which additional information must be given to a person arrested without warrant for a BAILABLE offence?
  1. A. That he must execute a personal bond only
  2. B. That the arrest has been approved by a Magistrate
  3. C. That he will be released after 24 hours automatically
  4. D. That he is entitled to be released on bail and may arrange sureties on his behalf
Answer: That he is entitled to be released on bail and may arrange sureties on his behalf
Explanation: BNSS s.47(1) requires full particulars of the offence or other grounds; s.47(2) adds that for a bailable offence he must be told he is entitled to be released on bail and can arrange sureties.
1624. Which two rights does Article 22(1) of the Constitution guarantee to a person arrested by a member of the RPF under the RP(UP) Act?
  1. A. To remain silent and to be examined by a medical officer
  2. B. To be produced before a Magistrate and to have a free lawyer at State cost
  3. C. To be released on bail and to be tried within 60 days
  4. D. To be informed of the grounds of arrest as soon as may be, and to consult and be defended by a legal practitioner of his choice
Answer: To be informed of the grounds of arrest as soon as may be, and to consult and be defended by a legal practitioner of his choice
Explanation: Article 22(1): no person arrested shall be detained without being informed, as soon as may be, of the grounds of arrest, nor denied the right to consult and be defended by a legal practitioner of his choice.
1625. An RPF officer arrests a suspect under Section 6 of the RP(UP) Act at a station at 9 PM. The journey from the place of arrest to the Magistrate's court takes 4 hours. Under Article 22(2) of the Constitution, how is this travel time treated in computing the 24-hour limit?
  1. A. It is counted only if travel is by road
  2. B. It is excluded from the 24 hours
  3. C. It is excluded only if the arrest was made at night
  4. D. It is included, so the arrestee must be produced within 20 hours of court travel
Answer: It is excluded from the 24 hours
Explanation: Article 22(2) requires production before the nearest Magistrate within 24 hours of arrest, excluding the time necessary for the journey from the place of arrest to the Magistrate's court.
1626. Joginder Kumar v. State of U.P. (1994) is relevant to a Section 6 arrest because it held that:
  1. A. Police may arrest anyone merely on a complaint
  2. B. Power to arrest is distinct from justification for arrest; an arrest must be justified, not routine
  3. C. Arrest cannot be made after sunset
  4. D. A Magistrate's warrant is always essential
Answer: Power to arrest is distinct from justification for arrest; an arrest must be justified, not routine
Explanation: Joginder Kumar distinguished the existence of power from the justification for exercising it, urging restraint in routine arrests; this restraint informs the use of the special warrantless power in s.6.
1627. Which feature of the RP(UP) Act's inquiry under Section 8 distinguishes it from an ordinary non-cognizable police inquiry under BNSS Section 174?
  1. A. The Force officer inquires only on the complaint of the railway
  2. B. The Force officer must wait for the Magistrate's order before inquiring
  3. C. The Force officer may on his own inquire, arrest-related decisions included, without a Magistrate's order
  4. D. The Force officer may never examine witnesses
Answer: The Force officer may on his own inquire, arrest-related decisions included, without a Magistrate's order
Explanation: Under BNSS s.174 an ordinary police officer cannot investigate a non-cognizable offence without the Magistrate's order; the RP(UP) Act itself authorises the Force officer to inquire (s.8) and arrest (s.6).
1628. A licensed scrap dealer is found with 400 kg of copper OHE wire identified by the railway as its stock. His trade licence is produced. What is its effect on a Section 3 charge?
  1. A. It completely bars prosecution
  2. B. None by itself; a licence to trade does not prove that this particular lot came into his possession lawfully
  3. C. It shifts the burden to the railway
  4. D. It converts the offence into a civil matter
Answer: None by itself; a licence to trade does not prove that this particular lot came into his possession lawfully
Explanation: The accused must prove lawful acquisition of the specific property (purchase record, seller identity). A general trade licence does not discharge that burden.
1629. Section 3 speaks of railway property 'reasonably suspected of having been stolen or unlawfully obtained'. The suspicion required by the section relates to:
  1. A. The identity of the original thief
  2. B. The character of the property, i.e. whether it was stolen or unlawfully obtained
  3. C. The criminal history of the accused
  4. D. The value of the property
Answer: The character of the property, i.e. whether it was stolen or unlawfully obtained
Explanation: The phrase qualifies 'railway property': the property must be reasonably suspected to be stolen or unlawfully obtained. It is the second ingredient in Vishwanath Tukaram.
1630. What is the marginal heading of Section 16 of the RP(UP) Act, 1966?
  1. A. Short title and commencement
  2. B. Power to remove difficulties
  3. C. Amendment of the Railways Act
  4. D. Repeal and savings
Answer: Repeal and savings
Explanation: Section 16 is headed 'Repeal and savings' and repeals the Railways Stores (Unlawful Possession) Act, 1955.
1631. What is the marginal heading of Section 14 of the RP(UP) Act, 1966?
  1. A. Protection of action taken in good faith
  2. B. Power to make rules
  3. C. Act not to affect other laws
  4. D. Act to override other laws
Answer: Act to override other laws
Explanation: Section 14 is headed 'Act to override other laws'. The Act contains no rule-making or good-faith protection section among its sixteen sections.
1632. What is the marginal heading of Section 13 of the RP(UP) Act, 1966?
  1. A. Power of courts to order forfeiture of vehicles, etc.
  2. B. Power of the Force to seize vehicles
  3. C. Compensation to the railway for loss
  4. D. Disposal of unclaimed property
Answer: Power of courts to order forfeiture of vehicles, etc.
Explanation: Section 13 is headed 'Power of courts to order forfeiture of vehicles, etc.'.
1633. What is the marginal heading of Section 12 of the RP(UP) Act, 1966?
  1. A. Officers required to report
  2. B. Obligation of railway servants to give information
  3. C. Officers required to assist
  4. D. Power of courts to order forfeiture
Answer: Officers required to assist
Explanation: Section 12 is headed 'Officers required to assist'. Note that the search-warrant provision is Section 10, not Section 12.
1634. What is the marginal heading of Section 11 of the RP(UP) Act, 1966?
  1. A. Procedure for seizure of vehicles
  2. B. Searches and arrests how to be made
  3. C. Searches and arrests to be made only by day
  4. D. Power of the Force to search any railway premises
Answer: Searches and arrests how to be made
Explanation: Section 11 is headed 'Searches and arrests how to be made'.
1635. What is the marginal heading of Section 10 of the RP(UP) Act, 1966?
  1. A. Officers required to assist
  2. B. Seizure of vehicles
  3. C. Issue of search warrant
  4. D. Searches without warrant in urgent cases
Answer: Issue of search warrant
Explanation: Section 10 is headed 'Issue of search warrant'.
1636. What is the marginal heading of Section 9 of the RP(UP) Act, 1966?
  1. A. Power to summon persons to give evidence and produce documents
  2. B. Power to attach property
  3. C. Power to issue search warrants
  4. D. Power to examine witnesses on oath
Answer: Power to summon persons to give evidence and produce documents
Explanation: Section 9 is headed 'Power to summon persons to give evidence and produce documents'.
1637. What is the marginal heading of Section 8 of the RP(UP) Act, 1966?
  1. A. Trial of arrested persons by the Force
  2. B. Inquiry how to be made against arrested persons
  3. C. Production of arrested persons before the Magistrate
  4. D. Investigation of cognizable offences
Answer: Inquiry how to be made against arrested persons
Explanation: Section 8 is headed 'Inquiry how to be made against arrested persons'.
1638. What is the marginal heading of Section 7 of the RP(UP) Act, 1966?
  1. A. Disposal of persons arrested
  2. B. Disposal of seized property
  3. C. Power to release on bail
  4. D. Disposal of persons convicted
Answer: Disposal of persons arrested
Explanation: Section 7 is headed 'Disposal of persons arrested' and requires forwarding to the nearest officer of the Force when the arrest is made by a person other than an officer of the Force.
1639. What is the marginal heading of Section 5 of the RP(UP) Act, 1966?
  1. A. Offences to be tried summarily
  2. B. Offences under the Act to be cognizable and non-bailable
  3. C. Offences under the Act not to be cognizable
  4. D. Cognizance of offences by Magistrates
Answer: Offences under the Act not to be cognizable
Explanation: Section 5 is headed 'Offences under the Act not to be cognizable'.
1640. What is the marginal heading of Section 4 of the RP(UP) Act, 1966?
  1. A. Punishment for connivance of offences
  2. B. Power to arrest without warrant
  3. C. Penalty for obstructing an officer of the Force
  4. D. Penalty for abetment of offences
Answer: Punishment for connivance of offences
Explanation: Section 4 is headed 'Punishment for connivance of offences' and covers wilful connivance by the owner, occupier or managing agent of land or building.
1641. The RP(UP) Act's Section 8 inquiry officer decides to forward the arrestee in custody to the Magistrate. Which BNSS section lets the Magistrate authorise detention beyond 24 hours during investigation?
  1. A. Section 187
  2. B. Section 58
  3. C. Section 47
  4. D. Section 94
Answer: Section 187
Explanation: BNSS s.187 (CrPC s.167) governs remand when investigation cannot be completed in 24 hours.
1642. The words 'without delay' in Section 7 are best read together with which constitutional limit on detention?
  1. A. Article 32: right to constitutional remedies
  2. B. Article 20(1): no ex post facto penalty
  3. C. Article 22(2): production before the nearest Magistrate within 24 hours, excluding journey time
  4. D. Article 21A: right to education
Answer: Article 22(2): production before the nearest Magistrate within 24 hours, excluding journey time
Explanation: The 24-hour rule of Art. 22(2) and BNSS s.58 (CrPC s.57) caps detention; time spent in forwarding under s.7 and inquiry under s.8 counts against it.
1643. What does the word 'nearest' in Section 7 ('forwarded without delay to the nearest officer of the Force') signify for field practice?
  1. A. The arrested person must be taken to the nearest Magistrate
  2. B. The arrested person must be taken to the nearest railway station master
  3. C. The arrested person goes to the closest available ASI or higher officer of the Force, not necessarily the one in his own post
  4. D. The arrested person must go to the Inspector in charge of the post
Answer: The arrested person goes to the closest available ASI or higher officer of the Force, not necessarily the one in his own post
Explanation: Section 7 aims at prompt handover to the closest officer of the Force (ASI or above) so that the inquiry under s.8 can begin without delay.
1644. A Constable arrests a man with railway fuses and without making any inquiry himself decides to release him on a bond. The step is:
  1. A. Not authorised, because the inquiry and the release or forwarding decision belong to an officer of the Force
  2. B. Authorised under Section 6
  3. C. Authorised under Section 12
  4. D. Authorised if the fuses are of low value
Answer: Not authorised, because the inquiry and the release or forwarding decision belong to an officer of the Force
Explanation: A constable is a member but not an officer of the Force. Under s.7 he must forward the arrested person to the nearest officer of the Force, who alone inquires under s.8 and decides on bail, bond or forwarding.
1645. A Head Constable (member of the Force) arrests a suspect with railway signal wire and forwards him to the ASI. The ASI finds sufficient evidence and admits the suspect to bail. Before whom is the suspect to appear?
  1. A. The Magistrate having jurisdiction in the case
  2. B. The Superintendent of Police of the district
  3. C. The Station Master
  4. D. The Divisional Security Commissioner
Answer: The Magistrate having jurisdiction in the case
Explanation: Proviso (a) to s.8(2): bail is granted to appear before the Magistrate having jurisdiction in the case.
1646. In the presumption of recent possession of stolen goods, illustrated in Illustration (a) to the presumption of fact in the Evidence Act (now BSA Section 119), the court may presume that a person in possession of stolen goods soon after the theft is:
  1. A. Either the thief or the receiver of the goods, unless he accounts for his possession
  2. B. Innocent unless the prosecution proves theft
  3. C. Always the thief, with no explanation allowed
  4. D. A mere custodian
Answer: Either the thief or the receiver of the goods, unless he accounts for his possession
Explanation: The illustration allows the court to presume that a man in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession. Section 3 of the RP(UP) Act places a statutory version of this on railway property.
1647. BNSS Section 105 requires audio-video recording of the process of search and seizure. When railway scrap is seized from a godown, the recording must be:
  1. A. Forwarded without delay to the District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the first class
  2. B. Destroyed after the seizure memo is signed
  3. C. Shared with the accused's employer
  4. D. Kept only with the seizing officer until trial
Answer: Forwarded without delay to the District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the first class
Explanation: BNSS s.105 mandates recording through audio-video electronic means, preferably by mobile phone, and the recording must be forwarded forthwith to the District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the first class.
1648. Under BSA Section 63(4), an electronic record such as CCTV footage of a scrap-dealer receiving rails must be accompanied by a certificate which is signed by:
  1. A. The accused
  2. B. The person in charge of the device and an expert
  3. C. Two independent witnesses
  4. D. The Magistrate alone
Answer: The person in charge of the device and an expert
Explanation: BSA s.63 (Evidence Act s.65B) requires a certificate in the prescribed Schedule format; unlike the old law the BSA certificate must be signed by both the person in charge of the computer/device and an expert.
1649. Which BNSS section corresponds to CrPC Section 102 and empowers seizure of property alleged or suspected to have been stolen?
  1. A. Section 103
  2. B. Section 106
  3. C. Section 105
  4. D. Section 185
Answer: Section 106
Explanation: BNSS s.106 (CrPC s.102) empowers a police officer to seize property alleged or suspected to be stolen, and requires a report to the Magistrate forthwith.
1650. Seized railway rails are handed back to the railway administration on a superdarinama pending trial. Which BNSS provision governs such an order for custody and disposal of property pending trial?
  1. A. Section 106
  2. B. Section 497
  3. C. Section 174
  4. D. Section 210
Answer: Section 497
Explanation: BNSS s.497 (CrPC s.451) lets the court make such order for proper custody of property produced before it during an inquiry or trial; s.498 (CrPC s.452) deals with final disposal at the end of trial.
1651. Under Part II of the First Schedule of the BNSS, 2023, an offence under another law punishable with imprisonment of three years and upwards but not more than seven years is triable by:
  1. A. Any Magistrate
  2. B. The Court of Session only
  3. C. The High Court
  4. D. A Magistrate of the first class
Answer: A Magistrate of the first class
Explanation: Section 3 (maximum five years) falls in that band, so a Magistrate of the first class is the trial court; s.5 alters only cognizability, not the forum.
1652. An undertrial with a prior conviction is charged under Section 3 of the RP(UP) Act (maximum five years). After how long a detention is he entitled to release under BNSS Section 479?
  1. A. He is never entitled to it
  2. B. One-third of the maximum period
  3. C. One-half of the maximum period, i.e. two and a half years
  4. D. One year in all cases
Answer: One-half of the maximum period, i.e. two and a half years
Explanation: The one-third concession is only for first-time offenders; an accused with a prior conviction gets release after one-half of the maximum term, here 2.5 years.
1653. An undertrial accused of an offence under Section 3 of the RP(UP) Act (maximum five years) is a first-time offender. Under BNSS Section 479, after what period of detention is he entitled to be released on bail?
  1. A. One-third of the maximum sentence, i.e. about 20 months
  2. B. Six months in every case
  3. C. One-half of the maximum sentence, i.e. 30 months
  4. D. The full maximum sentence of five years
Answer: One-third of the maximum sentence, i.e. about 20 months
Explanation: BNSS s.479 (CrPC s.436A) gives release after half of the maximum term; the BNSS adds that a first-time offender (never convicted earlier) is released after one-third. One-third of five years is 20 months.
1654. Under D.K. Basu, an arrestee in custody should be medically examined by a trained doctor from the approved panel at what interval?
  1. A. Every 7 days
  2. B. Once at the end of detention only
  3. C. Every 48 hours during detention
  4. D. Every 6 hours
Answer: Every 48 hours during detention
Explanation: D.K. Basu requires examination of the arrestee every 48 hours by a doctor on the approved panel of the State Director, Health Services.
1655. D.K. Basu v. State of West Bengal (1997) requires that the memo of arrest be:
  1. A. Signed only by the arresting officer
  2. B. Filed in the High Court within a week
  3. C. Approved in advance by the Chief Judicial Magistrate
  4. D. Attested by at least one witness (a family member or respectable local person) and countersigned by the arrestee
Answer: Attested by at least one witness (a family member or respectable local person) and countersigned by the arrestee
Explanation: D.K. Basu: the arresting officer must prepare a memo of arrest attested by at least one witness and countersigned by the arrestee, stating the time and date. These safeguards bind RPF arrests under s.6 as well.
1656. In Arnesh Kumar v. State of Bihar (2014), the Supreme Court directed that in offences punishable with imprisonment of up to seven years, the police must:
  1. A. Arrest in every case to prevent absconding
  2. B. Not arrest automatically but satisfy herself, and record reasons, that arrest is necessary under the statutory criteria
  3. C. Release every accused on police bail within an hour
  4. D. Obtain a Magistrate's warrant before every arrest
Answer: Not arrest automatically but satisfy herself, and record reasons, that arrest is necessary under the statutory criteria
Explanation: Arnesh Kumar discourages routine arrests in offences up to seven years. Section 3 of the RP(UP) Act carries a maximum of five years, so a Section 6 arrest should be a considered decision with reasons noted.
1657. Under Article 20(3) of the Constitution, how does the duty to state the truth in Section 9(3) of the RP(UP) Act interact with the protection against self-incrimination?
  1. A. A person accused of an offence cannot be compelled to be a witness against himself, so the duty to answer cannot override that protection
  2. B. Section 9 overrides the Constitution through Section 14
  3. C. Article 20(3) applies only after conviction
  4. D. Article 20(3) never applies to inquiries by the RPF
Answer: A person accused of an offence cannot be compelled to be a witness against himself, so the duty to answer cannot override that protection
Explanation: A statute cannot override the Constitution. In Nandini Satpathy v. P.L. Dani (1978) the Supreme Court held that the protection extends to the investigation stage; an accused may decline to answer incriminating questions.
1658. A cheque drawn in favour of the railway administration is found with a suspected thief. Under Section 2(d), the cheque is best classified as:
  1. A. Goods
  2. B. Land and building
  3. C. Valuable security belonging to the railway administration
  4. D. Animal
Answer: Valuable security belonging to the railway administration
Explanation: A cheque is a document creating a right to money and falls under 'valuable security' in s.2(d).
1659. Cash collected at a booking window is snatched from a railway clerk. Under Section 2(d), the cash falls under which limb?
  1. A. It is outside the definition because currency is not goods
  2. B. 'Money' belonging to or in the charge of the railway administration
  3. C. 'Animal'
  4. D. 'Valuable security'
Answer: 'Money' belonging to or in the charge of the railway administration
Explanation: Section 2(d) separately names money; money in the charge of the railway administration is railway property.
1660. Consignor-owned bales loaded in a goods wagon and accepted for carriage are taken by thieves. Why can these bales still be 'railway property' under Section 2(d)?
  1. A. Because bales are 'valuable security'
  2. B. Because ownership passes to the railway on loading
  3. C. Because goods in the charge or possession of a railway administration are covered even if owned by someone else
  4. D. Because the consignor is a railway servant
Answer: Because goods in the charge or possession of a railway administration are covered even if owned by someone else
Explanation: The definition uses 'belonging to, or in the charge or possession of'. Custody for carriage is enough; title need not be with the railway.
1661. A trained sniffer dog belonging to the RPF dog squad is stolen from its kennel at a railway station. Is it 'railway property' under Section 2(d) of the RP(UP) Act?
  1. A. Yes, but only if its market value exceeds Rs. 1,000
  2. B. No, because only inanimate goods can be railway property
  3. C. No, because the Force is not a railway administration
  4. D. Yes, because an animal belonging to or in the charge of a railway administration is expressly covered
Answer: Yes, because an animal belonging to or in the charge of a railway administration is expressly covered
Explanation: Section 2(d) includes 'animal' belonging to or in the charge or possession of a railway administration; there is no value threshold.
1662. An ordinary police officer receives information of a non-cognizable RP(UP) Act offence and the Magistrate orders him to investigate. Under BNSS Section 174(2), he may exercise all investigation powers as in a cognizable case EXCEPT the power to:
  1. A. Seize documents
  2. B. Summon persons acquainted with the facts
  3. C. Arrest without a warrant
  4. D. Examine witnesses
Answer: Arrest without a warrant
Explanation: BNSS s.174(2) (CrPC s.155(3)) carves out the power of arrest without warrant. That is why a special warrantless power in RP(UP) s.6 is needed for the Force.
1663. Under BNSS Section 174(4), a case relating to two or more offences, of which at least one is cognizable, is treated as:
  1. A. A non-cognizable case in its entirety
  2. B. A cognizable case, notwithstanding that the other offences are non-cognizable
  3. C. A case triable only by a Court of Session
  4. D. A case that requires prior sanction of the Central Government
Answer: A cognizable case, notwithstanding that the other offences are non-cognizable
Explanation: BNSS s.174(4) (CrPC s.155(4)) makes the whole case cognizable if one of the offences is cognizable. So a case combining an RP(UP) s.3 offence with a cognizable BNS offence, such as theft, is treated as cognizable.

1664. The RP(UP) Act, 1966 as published contains how many sections?

  1. A. Twelve
  2. B. Fourteen
  3. C. Sixteen
  4. D. Twenty
Answer: Sixteen
Explanation: The Act runs from s.1 (short title) to s.16 (repeal and savings).
1665. Section 16(3) of the RP(UP) Act preserves the general application of which provision regarding the effect of repeals?
  1. A. Section 8 of the General Clauses Act, 1897
  2. B. Article 20 of the Constitution
  3. C. Section 6 of the General Clauses Act, 1897
  4. D. Section 3 of the Indian Railways Act, 1890
Answer: Section 6 of the General Clauses Act, 1897
Explanation: Section 16(3): mention of particular matters in s.16(2) does not prejudice the general application of s.6 of the General Clauses Act, 1897 on the effect of repeals.
1666. The RP(UP) Act, 1966 consolidated and amended the law on unlawful possession of railway property and, under Section 16(1), repealed which Act?
  1. A. The Indian Railways Act, 1890
  2. B. The Railways Stores (Unlawful Possession) Act, 1955 (51 of 1955)
  3. C. The Railway Protection Force Act, 1957
  4. D. The Railway Property (Protection) Act, 1949
Answer: The Railways Stores (Unlawful Possession) Act, 1955 (51 of 1955)
Explanation: Section 16(1) repeals the Railways Stores (Unlawful Possession) Act, 1955 (Act 51 of 1955).
1667. Section 14 operates 'notwithstanding anything inconsistent therewith contained in any other law for the time being in force'. What would be the effect if a State law prescribed a lesser penalty for the same act of possession?
  1. A. The Magistrate chooses either at will
  2. B. The RP(UP) Act's provisions prevail to the extent of the inconsistency
  3. C. The State law prevails because it is later
  4. D. Both apply cumulatively to reduce the penalty
Answer: The RP(UP) Act's provisions prevail to the extent of the inconsistency
Explanation: Section 14 is a non obstante clause giving the Act priority over inconsistent provisions in other laws.
1668. Forfeiture under Section 13 vests the forfeited property in whom?
  1. A. The Railway Protection Force
  2. B. The Magistrate personally
  3. C. Government
  4. D. The complainant
Answer: Government
Explanation: The text says the court may order forfeiture 'to Government'.
1669. Section 13 of the RP(UP) Act allows a court trying an offence to order forfeiture of which of the following, in addition to the offending property itself?
  1. A. The land on which the property was stored
  2. B. The ration card of the accused
  3. C. The bank accounts of the accused
  4. D. Receptacles, packages or coverings containing it, and animals, vehicles or other conveyances used in carrying it
Answer: Receptacles, packages or coverings containing it, and animals, vehicles or other conveyances used in carrying it
Explanation: Section 13 covers the property in respect of which an offence is found committed, its receptacles, packages or coverings, and the animals, vehicles or other conveyances used in carrying it.
1670. Section 12 of the RP(UP) Act 'empowers and requires' which persons to assist superior officers and members of the Force in enforcing the Act?
  1. A. All officers of Government and all village officers
  2. B. Only railway employees
  3. C. Only police officers of the State
  4. D. Only members of the Gram Panchayat
Answer: All officers of Government and all village officers
Explanation: Section 12: all officers of Government and all village officers are empowered and required to assist superior officers and members of the Force in the enforcement of the Act.
1671. Because Section 11 imports the BNSS for the manner of search, which provision requires an arrested person to be informed of the grounds of arrest?
  1. A. BNSS Section 173
  2. B. BNSS Section 47
  3. C. BNSS Section 185
  4. D. BNSS Section 58
Answer: BNSS Section 47
Explanation: BNSS s.47 (CrPC s.50) obliges every person making an arrest to communicate the full particulars of the offence and the grounds; Article 22(1) of the Constitution is the constitutional source.
1672. Section 11 of the RP(UP) Act requires that all searches and arrests under the Act be made:
  1. A. In accordance with the Code of Criminal Procedure provisions relating respectively to searches and arrests under that Code
  2. B. In the presence of a railway Station Master
  3. C. In accordance with the Railways Act, 1989
  4. D. As the Director General may prescribe
Answer: In accordance with the Code of Criminal Procedure provisions relating respectively to searches and arrests under that Code
Explanation: Section 11 incorporates the general criminal-procedure law (CrPC 1898, now BNSS 2023) as to the manner of searches and arrests.
1673. An RPF Inspector wants to search a private godown on information that stolen rails are stored there, but there is no warrant. Which statement matches the RP(UP) Act's scheme?
  1. A. Section 12 allows a village officer to authorise the search
  2. B. The Act provides search through a Magistrate's warrant under Section 10; Section 6 gives only arrest, not search, without a warrant
  3. C. Section 6 permits search of any premises without a warrant
  4. D. Section 5 permits search because the offence is non-cognizable
Answer: The Act provides search through a Magistrate's warrant under Section 10; Section 6 gives only arrest, not search, without a warrant
Explanation: Search under the Act runs through a Magistrate's warrant (s.10); the warrantless power in s.6 is limited to arrest.

1674. Before issuing a warrant under Section 10(2), the Magistrate:

  1. A. Must hold a full trial
  2. B. May make such inquiry as he thinks necessary
  3. C. Must hear the owner of the premises
  4. D. Must obtain the consent of the railway administration
Answer: May make such inquiry as he thinks necessary
Explanation: Section 10(2) says the Magistrate may, 'after such inquiry as he thinks necessary', by his warrant authorise the officer. The inquiry is discretionary in extent.
1675. How many distinct powers does Section 10(2) list for an officer of the Force authorised by a Magistrate's search warrant?
  1. A. Two: enter and arrest
  2. B. Five: enter, search, seize, arrest and prosecute
  3. C. Four: enter, search, take possession, and convey/guard/dispose of the property
  4. D. Three: enter, arrest and seize persons
Answer: Four: enter, search, take possession, and convey/guard/dispose of the property
Explanation: Clauses (a)-(d) of s.10(2): enter the place with needed assistance, search it as the warrant specifies, take possession of railway property reasonably suspected stolen/unlawfully obtained, and convey it to a Magistrate, guard it on the spot, or dispose of it in a place of safety.
1676. Section 10(1) requires an officer of the Force who believes a place is used for deposit or sale of stolen railway property to approach whom?
  1. A. The Director General of the RPF
  2. B. The Divisional Railway Manager
  3. C. The Magistrate having jurisdiction over the area in which the place is situated
  4. D. The Superintendent of Police of the district
Answer: The Magistrate having jurisdiction over the area in which the place is situated
Explanation: Under s.10(1) he must apply to the Magistrate with jurisdiction over the area for a search warrant; the Act gives no warrantless search power.
1677. A shop owner summoned under Section 9 refuses to answer questions about the source of copper cable found in his shop, saying he has a right to silence. What does Section 9(3) say?
  1. A. He may refuse if the cable is of small value
  2. B. He must answer only before the Magistrate
  3. C. He may refuse because the inquiry is not judicial
  4. D. Persons summoned are bound to state the truth on any subject on which they are examined
Answer: Persons summoned are bound to state the truth on any subject on which they are examined
Explanation: Section 9(3) binds every summoned person to state the truth on the subject of examination; the inquiry is deemed judicial under s.9(4), so falsehood is punishable.
1678. IPC Section 228 (insult or interruption to a public servant sitting in a judicial proceeding), invoked by Section 9(4) of the RP(UP) Act, corresponds to which BNS, 2023 section?
  1. A. Section 303
  2. B. Section 221
  3. C. Section 267
  4. D. Section 229
Answer: Section 267
Explanation: IPC 228 corresponds to BNS 267; IPC 193 corresponds to BNS 229.
1679. Section 9(4) declares the inquiry a 'judicial proceeding' within the meaning of which provisions of the Indian Penal Code, 1860?
  1. A. Sections 182 and 211
  2. B. Sections 191 and 192
  3. C. Sections 193 and 228
  4. D. Sections 201 and 203
Answer: Sections 193 and 228
Explanation: Section 9(4) names IPC ss.193 (punishment for false evidence) and 228 (intentional insult or interruption to a public servant sitting in judicial proceeding), now BNS ss.229 and 267.
1680. The proviso to Section 9(3) applies the exemptions in Sections 132 and 133 of the Code of Civil Procedure, 1908. Section 132 CPC exempts from personal appearance:
  1. A. Persons residing outside the district
  2. B. Persons above seventy years of age
  3. C. Women who, according to the customs and manners of the country, ought not to be compelled to appear in public
  4. D. Serving military personnel
Answer: Women who, according to the customs and manners of the country, ought not to be compelled to appear in public
Explanation: CPC s.132 exempts pardanashin women (those who by custom do not appear in public); s.133 exempts specified dignitaries such as the President, Governors and Judges. Both are imported into s.9(3).

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