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2081. Under Section 407 BNSS (corresponding to Section 366 CrPC - sentence of death to be submitted by Court of Session for confirmation), when the Court of Session passes a sentence of death, the sentence shall NOT be executed unless which authority confirms it?
- A. The State Governor's office
- B. The Supreme Court exclusively, in all cases
- C. The President of India directly, bypassing the High Court
- D. The High Court
Answer: The High Court
Explanation: Section 407 BNSS requires that a death sentence passed by the Court of Session be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court, providing an automatic appellate safeguard.
2082. Under Section 156 BNSS (corresponding to Section 137 CrPC), where a party against whom a conditional order for removal of nuisance is made denies existence of the right of user claimed by the party for whose benefit the order was made, the Magistrate must first do what before enforcing the order?
- A. Immediately enforce the order regardless of any denial
- B. Refer the matter directly to a civil court and stay all proceedings permanently
- C. Dismiss the entire nuisance proceeding without further inquiry
- D. Enquire into the matter, taking evidence, before proceeding further to enforce the order
Answer: Enquire into the matter, taking evidence, before proceeding further to enforce the order
Explanation: Section 156 BNSS requires the Magistrate to enquire into the matter, taking evidence as in a summons case, when the right of user is denied, before proceeding to enforce a conditional order for removal of nuisance.
2083. Under Section 163 BNSS (corresponding to Section 144 CrPC - power to issue order in urgent cases of nuisance or apprehended danger), a District Magistrate/Sub-divisional Magistrate/Executive Magistrate may direct any person to abstain from a certain act, and such order remains in force for how long unless rescinded?
- A. Exactly 24 hours only
- B. Not exceeding two months from the making thereof, though the State Government may extend it up to six months if necessary
- C. Indefinitely, until the Supreme Court intervenes
- D. One full calendar year automatically, with no extension possible
Answer: Not exceeding two months from the making thereof, though the State Government may extend it up to six months if necessary
Explanation: Section 163(4) BNSS provides that an order under this section shall not remain in force for more than two months from the making thereof, unless the State Government extends it to a period not exceeding six months, for reasons to be recorded.
2084. Under Section 173 read with Section 175 BNSS scheme for offences against public tranquillity, a Magistrate can direct removal of a public nuisance under which specific provision (corresponding to Section 133 CrPC)?
- A. Section 84 BNSS - proclamation for person absconding
- B. Section 107 BNSS - attachment of property representing proceeds of crime
- C. Section 152 BNSS - conditional order for removal of nuisance
- D. Section 187 BNSS - remand of accused person
Answer: Section 152 BNSS - conditional order for removal of nuisance
Explanation: Section 152 BNSS (corresponding to Section 133 CrPC) empowers an Executive Magistrate to pass a conditional order requiring removal of a public nuisance (e.g., unlawful obstruction, injurious trade, dangerous building) within a specified time.
2085. Under Section 145 BNSS (corresponding to Section 126 CrPC), proceedings for maintenance under Section 144 may be taken against any person in ANY district where he resides, OR where he last resided with his wife/parent, OR in which other place?
- A. Where he is, at the time of the proceedings, along with the mother of an illegitimate child in specified cases
- B. Only the state capital
- C. Only the place where the marriage was solemnised
- D. Only the place of his birth
Answer: Where he is, at the time of the proceedings, along with the mother of an illegitimate child in specified cases
Explanation: Section 145 BNSS provides territorial jurisdiction for maintenance proceedings in the district where the person resides, last resided with the claimant, or where he is at the time proceedings are instituted, offering flexibility for the claimant.
2086. Under Section 144 BNSS (corresponding to Section 125 CrPC - order for maintenance of wives, children and parents), a person having sufficient means who neglects or refuses to maintain his wife unable to maintain herself may be ordered by a Magistrate of the FIRST CLASS to pay a monthly allowance. What NEW addition did BNSS make regarding interim maintenance?
- A. It restricted interim maintenance applications to only government employees
- B. It expressly codifies the Magistrate's power to order monthly interim maintenance and expenses of proceeding during the pendency of the application
- C. It requires interim maintenance applications to be filed only in the High Court
- D. It removed the power to grant interim maintenance altogether
Answer: It expressly codifies the Magistrate's power to order monthly interim maintenance and expenses of proceeding during the pendency of the application
Explanation: Section 144(1) BNSS codifies the Magistrate's power (continued from the 2001 CrPC amendment) to order monthly interim maintenance and expenses of the proceeding during pendency of the application, ensuring immediate relief to the dependent.
2087. Under Section 141 BNSS (corresponding to Section 122 CrPC), when a person ordered to give security does NOT give it within the time specified, the Magistrate shall order him to be detained in prison, and if the order is passed by a Magistrate other than a District Magistrate and the person is not already in jail, what must the Magistrate do?
- A. Impose an additional fine equal to the bond amount, without detention
- B. Immediately release the person without further formality
- C. Refer the matter to the High Court in every case
- D. Report the case for orders of the District Magistrate, forwarding the proceedings recorded
Answer: Report the case for orders of the District Magistrate, forwarding the proceedings recorded
Explanation: Section 141 BNSS requires a Magistrate (other than District Magistrate) ordering detention for failure to give security to report the case for orders of the District Magistrate and forward the proceedings, providing a supervisory check.
2088. Under Section 135 BNSS (corresponding to Section 116 CrPC - inquiry into the truth of information for security proceedings), the Magistrate before making a final order must record evidence in the manner prescribed for what type of trial?
- A. No formal evidence recording is required; a mere police report suffices
- B. A Sessions trial with a mandatory charge framing
- C. A jury trial exclusively
- D. The manner prescribed for a summons case (or warrant case, depending on classification of the proceeding)
Answer: The manner prescribed for a summons case (or warrant case, depending on classification of the proceeding)
Explanation: Section 135 BNSS requires the Magistrate conducting a security-for-peace inquiry to record evidence in the manner prescribed for a summons case (for security for keeping the peace on conviction/apprehension) or, for other cases, a warrant case, ensuring due process before final orders.
2089. Under Section 127 BNSS (corresponding to Section 108 CrPC - security for good behaviour from persons disseminating seditious matters), which specific category of publication conduct triggers this provision?
- A. Publishing personal opinions on a private social media account with fewer than 100 followers
- B. Publishing a book review that criticises government policy in a newspaper
- C. Disseminating or attempting to disseminate any matter, the publication of which is punishable under specified sections relating to incitement of offences, promoting enmity, or endangering sovereignty/integrity/security of India
- D. Publishing an academic research paper on constitutional law
Answer: Disseminating or attempting to disseminate any matter, the publication of which is punishable under specified sections relating to incitement of offences, promoting enmity, or endangering sovereignty/integrity/security of India
Explanation: Section 127 BNSS allows an Executive Magistrate to demand a bond for good behaviour from persons disseminating matter that is punishable under specified BNS provisions relating to incitement, promoting enmity between groups, or endangering India's sovereignty, integrity or security.
2090. Under Section 126 BNSS (corresponding to Section 107 CrPC - security for keeping peace), an Executive Magistrate may require a person to show cause why he should not execute a bond for keeping the peace, when he receives information that such person is likely to do which act?
- A. Fail to pay income tax within the prescribed time
- B. Engage in any lawful trade without a license
- C. Commit a breach of the peace or disturb the public tranquillity, or do any wrongful act that may probably occasion a breach of peace
- D. Change his residence without prior police permission
Answer: Commit a breach of the peace or disturb the public tranquillity, or do any wrongful act that may probably occasion a breach of peace
Explanation: Section 126 BNSS empowers an Executive Magistrate to require a bond for keeping the peace from a person who is likely to commit a breach of peace, disturb public tranquillity, or do any wrongful act probably occasioning breach of peace.
2091. Under Section 84 read with Section 87 BNSS, a person against whom a proclamation is issued under Section 84 for absconding, and who is later apprehended and produced, but had earlier NOT complied within the specified period (not less than 30 days), faces which consequence under BNS Section 209 (corresponding to old Section 174A IPC)?
- A. No separate consequence; failure to appear has no independent penal effect
- B. He becomes liable for a separate, distinct offence of non-appearance in response to proclamation, punishable with imprisonment and/or fine
- C. The proclamation automatically lapses if not complied with within 30 days, with no legal consequence
- D. Only a monetary fine can be imposed, never imprisonment
Answer: He becomes liable for a separate, distinct offence of non-appearance in response to proclamation, punishable with imprisonment and/or fine
Explanation: BNS Section 209 (corresponding to IPC Section 174A) makes non-appearance in response to a proclamation under BNSS Section 84 a distinct substantive offence, punishable with imprisonment up to 3 years/7 years depending on circumstances, plus fine.
2092. Under Section 64 BNSS (corresponding to Section 62 CrPC), a summons must ordinarily be served personally on the person summoned by delivering or tendering to him a duplicate copy, and the person must sign a receipt on which document?
- A. A notarized affidavit of service
- B. The court's cause list
- C. The back of the other duplicate copy of the summons
- D. A separate government-issued acknowledgment form
Answer: The back of the other duplicate copy of the summons
Explanation: Section 64 BNSS requires personal service of summons with the person acknowledging receipt by signing the back of the other duplicate copy of the summons, which is then returned to the court.
2093. Under Section 63 BNSS (corresponding to Section 61 CrPC), every summons issued by a court must be in writing, in duplicate, signed by which officer, and bear the seal of the court?
- A. The public prosecutor only
- B. Any police constable present in court
- C. The court clerk without the presiding officer's signature
- D. The presiding officer of the court, or such other officer as the High Court may direct
Answer: The presiding officer of the court, or such other officer as the High Court may direct
Explanation: Section 63 BNSS requires every summons to be in writing, in duplicate, signed by the presiding officer of the court or such other officer as the High Court may direct, and bearing the seal of the court.
2094. Under Section 85 BNSS (corresponding to Section 83 CrPC), the court may order attachment of property of a proclaimed person SIMULTANEOUSLY with the issue of proclamation under Section 84, in which circumstance?
- A. Only when the offence involves property worth more than one crore rupees
- B. Only if the person is a foreign national
- C. Where the court is satisfied by affidavit or otherwise that the person is about to dispose of the whole or part of his property, or about to remove it from the local jurisdiction
- D. In every single case without exception, regardless of any risk of disposal
Answer: Where the court is satisfied by affidavit or otherwise that the person is about to dispose of the whole or part of his property, or about to remove it from the local jurisdiction
Explanation: Section 85 BNSS permits simultaneous attachment with the proclamation only where the court is satisfied the absconding person is likely to dispose of or remove the property, preventing frustration of eventual forfeiture proceedings.
2095. Under Section 84 BNSS (corresponding to Section 82 CrPC - proclamation for person absconding), the court must publish the proclamation in which manner, at minimum, before a person can be formally declared a proclaimed offender?
- A. Only through publication in the Official Gazette of India, with no local publication required
- B. Only via a single announcement on national television
- C. Publicly read in the town/village of the person's ordinary residence, affixed to a conspicuous part of the house/homestead, and affixed to a conspicuous part of the courthouse; the court may also direct publication in a daily newspaper
- D. Only through a private letter sent to the accused's last known address
Answer: Publicly read in the town/village of the person's ordinary residence, affixed to a conspicuous part of the house/homestead, and affixed to a conspicuous part of the courthouse; the court may also direct publication in a daily newspaper
Explanation: Section 84 BNSS requires the proclamation to be publicly read, affixed at the person's residence and at the courthouse, and optionally published in a newspaper, ensuring wide and effective notice before proceeding further, such as attachment of property.
2096. Under Section 356 BNSS (a new provision on trial in absentia for proclaimed offenders), a court may conduct trial in the ABSENCE of the accused and pronounce judgment if the accused has been declared a proclaimed offender under Section 84 and has absconded, PROVIDED which procedural safeguard is followed?
- A. Trial in absentia is only permitted for offences punishable with fine only
- B. Evidence must be recorded in the presence of a pleader/lawyer appointed for the accused (state-appointed if needed), and the trial can proceed as if the accused were present
- C. The accused's property must first be permanently confiscated before trial in absentia begins
- D. No safeguard is required; the trial can proceed purely ex-parte without any representation for the accused
Answer: Evidence must be recorded in the presence of a pleader/lawyer appointed for the accused (state-appointed if needed), and the trial can proceed as if the accused were present
Explanation: Section 356 BNSS is a significant new provision allowing trial in absentia of a proclaimed offender who has absconded to evade trial, provided the trial is conducted with a lawyer representing the accused, ensuring fair representation despite physical absence.
2097. Under Section 107(1) BNSS, when a police officer has reason to believe that property is derived from criminal activity and may be liable to be attached, he must seek prior approval from an officer not below the rank of what before applying to the court/Magistrate?
- A. Superintendent of Police
- B. Assistant Sub-Inspector
- C. Head Constable
- D. Inspector General of Police
Answer: Superintendent of Police
Explanation: Section 107(1) BNSS requires that before seeking attachment of property suspected to be proceeds of crime, the police officer must obtain approval from an officer not below the rank of Superintendent of Police (SP), building in a supervisory check.
2098. Under Section 185(4) BNSS, a copy of the record of grounds of belief made under this section (search without warrant by SHO) must be sent to which authority?
- A. The nearest Magistrate empowered to take cognizance of the offence
- B. The National Crime Records Bureau
- C. The Inspector General of Police only
- D. The State Legal Services Authority
Answer: The nearest Magistrate empowered to take cognizance of the offence
Explanation: Section 185(4) BNSS requires the officer to send a copy of the record made (with grounds of belief) forthwith to the nearest Magistrate empowered to take cognizance, ensuring transparency and judicial check on warrantless searches.
2099. Under Section 185 BNSS (corresponding to Section 165 CrPC), before a police officer can conduct a search of any place within the limits of his own police station without a warrant, what condition must be recorded in writing?
- A. A prior public notice published in a newspaper
- B. Approval of the local Member of Parliament
- C. Grounds of his belief that something necessary for the investigation may be found in that place, and that it cannot otherwise be obtained without undue delay
- D. Written consent of the accused's lawyer
Answer: Grounds of his belief that something necessary for the investigation may be found in that place, and that it cannot otherwise be obtained without undue delay
Explanation: Section 185 BNSS requires a police officer, before conducting a warrantless search within his station's jurisdiction, to record in writing the grounds of belief that the item is in that place and cannot be obtained otherwise without undue delay, and forward a copy to the Magistrate.
2100. Under Section 106 BNSS (corresponding to Section 102 CrPC), a police officer may seize any property alleged or suspected to have been stolen, or which may be found under circumstances creating suspicion of commission of an offence. What must the officer do IMMEDIATELY thereafter?
- A. Hand over the property directly to the complainant without any report
- B. Retain the property permanently in the police malkhana without reporting
- C. Report the seizure to the Magistrate having jurisdiction, and if practicable, forward such property or produce it before that Magistrate
- D. Sell the property immediately to prevent depreciation
Answer: Report the seizure to the Magistrate having jurisdiction, and if practicable, forward such property or produce it before that Magistrate
Explanation: Section 106 BNSS requires the seizing officer to forthwith report the seizure to the Magistrate having jurisdiction, who then decides on custody and disposal of the property, ensuring judicial oversight of seized property.
2101. Under Section 103 BNSS (corresponding to Section 100 CrPC), when a closed place is searched and the occupant refuses to allow ingress, what power does the officer conducting search have?
- A. He may break open any outer or inner door or window, after giving due notice of authority and purpose and demanding admittance, if admittance is not granted
- B. He must immediately abandon the search and seek a fresh warrant
- C. He must call the fire brigade to break open the premises
- D. He can only wait outside until the occupant voluntarily opens the door, with no power to force entry
Answer: He may break open any outer or inner door or window, after giving due notice of authority and purpose and demanding admittance, if admittance is not granted
Explanation: Section 103 BNSS (mirroring Section 100 CrPC) allows an officer conducting a lawful search to break open any door or window after notifying authority/purpose and being refused admittance, ensuring the search can proceed lawfully.
2102. Under Section 105 BNSS, in addition to audio-video recording of search and seizure, what does the BNSS say about the evidentiary value of such recording?
- A. Only recordings made by a Magistrate personally have evidentiary value
- B. The recording has no evidentiary value under any circumstances
- C. Where a search is conducted without such recording, courts may draw adverse inference against the prosecution regarding compliance, though the section itself focuses on the mandatory recording requirement
- D. The recording automatically nullifies the search if any technical glitch occurs
Answer: Where a search is conducted without such recording, courts may draw adverse inference against the prosecution regarding compliance, though the section itself focuses on the mandatory recording requirement
Explanation: While Section 105 BNSS mandates audio-video recording of search and seizure, courts have interpreted non-compliance as a factor that can lead to adverse inference against the prosecution regarding fairness and integrity of the search process.
2103. Under Section 173(1) BNSS, upon receiving information of a cognizable offence at a police station, the officer must, before any FIR entry, also inform the informant about which right (a new addition compared to old Section 154 CrPC)?
- A. The informant must be told they have no right to a copy of the FIR
- B. The informant must first consult a lawyer before FIR can be registered
- C. The informant must pay a nominal fee before FIR registration
- D. Nothing specific is added regarding informing rights before FIR entry; however, the informant is entitled to a free copy of the FIR immediately after registration
Answer: Nothing specific is added regarding informing rights before FIR entry; however, the informant is entitled to a free copy of the FIR immediately after registration
Explanation: Section 173(2) BNSS entitles the informant to a free copy of the FIR forthwith, a continuation and reinforcement of the right recognised under CrPC jurisprudence and now expressly codified.
2104. Under Section 193(1) BNSS, every investigation must be completed WITHOUT UNNECESSARY DELAY, and specifically for offences under Sections 64 to 71 of the BNS (relating to sexual offences), investigation must be completed within how many days from the date of recording FIR?
- A. One year
- B. Two months
- C. Six months
- D. Fifteen days
Answer: Two months
Explanation: The proviso to Section 193(1) BNSS (continuing the mandate first introduced by the 2018 CrPC amendment for POCSO/rape-related offences) requires investigation into offences under Sections 64-71 BNS to be completed within two months from the date of recording FIR.
2105. Under Section 193(3) BNSS, the police report (chargesheet) forwarded under Section 193 must state, among other things, whether the accused has been released on bond and with or without sureties, AND must ALSO now state which additional detail newly mandated by BNSS?
- A. Whether the report is a supplementary report, and details of the progress of investigation to be communicated to the victim
- B. The salary details of the investigating officer
- C. The complete criminal history of the victim
- D. The political affiliations of witnesses examined
Answer: Whether the report is a supplementary report, and details of the progress of investigation to be communicated to the victim
Explanation: Section 193 BNSS requires the final report to specify whether it is a supplementary report and mandates that the progress of investigation be communicated to the victim within 90 days, reflecting a new victim-centric transparency requirement.
2106. Under Section 173(1)(ii) BNSS, information relating to commission of a cognizable offence may be given to an officer in charge of a police station by electronic communication, PROVIDED that it must be signed by the informant within how many days for it to be treated as a valid FIR?
- A. Seven days
- B. Fifteen days
- C. Thirty days
- D. Three days
Answer: Three days
Explanation: Section 173(1)(ii) BNSS is a new provision allowing FIR registration via electronic communication, provided it is signed by the informant within three days, after which it is entered in the book as prescribed.
2107. Under Section 480 BNSS (corresponding to Section 437 CrPC), a person accused of an offence punishable with death or imprisonment for life shall NOT be released on bail by a court other than the Court of Session or High Court, EXCEPT in which circumstances?
- A. If the person has already spent 24 hours in custody
- B. If the accused agrees to plead guilty at the first hearing
- C. If the person is under 16 years of age, or is a woman, or is sick or infirm, or the court is satisfied there are no reasonable grounds for believing he committed the offence
- D. If the offence took place more than 5 years before arrest
Answer: If the person is under 16 years of age, or is a woman, or is sick or infirm, or the court is satisfied there are no reasonable grounds for believing he committed the offence
Explanation: The proviso to Section 480(1) BNSS carves out an exception allowing a Magistrate to release on bail a person under 16, a woman, or a sick/infirm person, or where there are no reasonable grounds to believe the accused is guilty, even in death/life-imprisonment offences.
2108. Under Section 483 BNSS (corresponding to Section 439 CrPC), the power to grant bail to a person accused of a non-bailable offence vests, in addition to the Court of Session, in which other court?
- A. The Court of the Chief Judicial Magistrate only
- B. The Gram Nyayalaya exclusively
- C. The High Court
- D. The Court of the Executive Magistrate
Answer: The High Court
Explanation: Section 483 BNSS confers concurrent power on the High Court and the Court of Session to grant bail to a person accused of a non-bailable offence and in custody, in addition to any conditions the court considers necessary.
2109. Under BNSS, in relation to search for persons wrongfully confined, if a District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class has reason to believe that a person is confined under such circumstances that the confinement amounts to an offence, the Magistrate may:
- A. Issue a search warrant directing the person to be searched for, and if found, produced before the Magistrate and dealt with according to law
- B. Only refer the matter to the civil court for a declaratory suit
- C. Order the immediate demolition of the premises without a search
- D. Take no action unless the confined person's employer consents
Answer: Issue a search warrant directing the person to be searched for, and if found, produced before the Magistrate and dealt with according to law
Explanation: BNSS retains the CrPC Section 97 provision empowering a Magistrate to issue a search warrant for persons wrongfully confined, directing search and production before the Magistrate for appropriate legal action.
2110. Under BNSS, when a police officer investigating a cognizable offence forms a reasonable belief that a person is concealing material evidence relating to the case in a place not under his control, the officer's power to search that place is subject to which key procedural safeguard newly introduced compared to CrPC?
- A. A requirement for prior written consent from the accused's family
- B. Mandatory audio-video recording of the search and seizure process, preferably on a mobile phone, forwarded to the Magistrate without delay
- C. No safeguard at all was added; the provision is identical to CrPC
- D. A requirement that only a woman officer can conduct any search
Answer: Mandatory audio-video recording of the search and seizure process, preferably on a mobile phone, forwarded to the Magistrate without delay
Explanation: BNSS Section 105 introduces mandatory audio-video (preferably mobile phone) recording of search and seizure proceedings, with the recording forwarded to the Magistrate without delay, a transparency safeguard absent in the CrPC.
2111. Under BNSS, the informant/victim who lodges an FIR is entitled to receive a free copy of the FIR. This requirement is found in which provision, and what is its significance for accountability?
- A. Section 528 BNSS, dealing only with repeal and savings
- B. Only available if the informant pays a prescribed fee
- C. There is no such requirement under BNSS
- D. Section 173 BNSS, ensuring transparency and enabling the informant to monitor and pursue the case's progress, including seeking judicial remedy if the FIR is not acted upon
Answer: Section 173 BNSS, ensuring transparency and enabling the informant to monitor and pursue the case's progress, including seeking judicial remedy if the FIR is not acted upon
Explanation: Section 173 BNSS mandates providing a free copy of the FIR to the informant, promoting transparency and accountability, and enabling the informant to pursue remedies (including approaching a Magistrate) if investigation stalls.
2112. Under BNSS, an FIR for a cognizable offence discovered by a Railway Protection Force officer while patrolling a moving train can be registered using the Zero FIR mechanism at:
- A. No police station; only a Magistrate can register a Zero FIR
- B. Only the RPF post at the originating station
- C. Only the police station of the train's final destination station
- D. Any police station regardless of territorial jurisdiction, which must then transfer it to the jurisdictional police station under BNSS Section 173
Answer: Any police station regardless of territorial jurisdiction, which must then transfer it to the jurisdictional police station under BNSS Section 173
Explanation: Section 173 BNSS statutorily recognizes the Zero FIR concept, permitting registration at any police station irrespective of jurisdiction, with mandatory transfer to the jurisdictional police station thereafter, particularly useful for mobile/transit offences on trains.
2113. Under BNSS, when an accused is discharged at the stage prior to framing of charge for lack of sufficient ground to proceed, this order of discharge is:
- A. A conviction in disguise, treated as such for sentencing purposes
- B. Not equivalent to an acquittal and does not bar fresh proceedings if new/sufficient material later emerges, though it is subject to revision by a higher court
- C. Automatically final and un-appealable under any circumstances
- D. Exactly equivalent to a full acquittal after trial with double jeopardy protection applying identically
Answer: Not equivalent to an acquittal and does not bar fresh proceedings if new/sufficient material later emerges, though it is subject to revision by a higher court
Explanation: A discharge under BNSS (equivalent to CrPC Sections 227/239/245) is distinct from an acquittal after trial; it does not attract double jeopardy protection in the same way, and revision lies against such orders, while fresh proceedings on new material are generally not barred.
2114. Under BNSS, a supplementary chargesheet filed after the initial chargesheet, based on further investigation, is governed by which provision, and what is a key requirement before it can be filed?
- A. Section 193(9), which requires the police to seek permission of/inform the court before conducting further investigation and file a supplementary report with fresh evidence
- B. There is no such provision; only one chargesheet can ever be filed in a case
- C. Only the High Court can order a supplementary chargesheet
- D. No court intimation is ever required for a supplementary chargesheet
Answer: Section 193(9), which requires the police to seek permission of/inform the court before conducting further investigation and file a supplementary report with fresh evidence
Explanation: Section 193(9) BNSS (corresponding to CrPC Section 173(8)) permits further investigation even after a chargesheet is filed, with a supplementary report to be forwarded, generally with intimation to the court, without needing to restart the entire process.
2115. Under BNSS, an investigating officer preparing the final report (chargesheet) is required to forward it to the Magistrate empowered to take cognizance within the statutory timeline. If the offence is punishable up to seven years and the accused is in custody, what is the outer statutory limit for filing?
- A. One year mandatorily
- B. 60 days from the date of first remand, failing which the accused becomes entitled to default bail
- C. There is no statutory limit at all for offences up to seven years
- D. 30 days flat regardless of offence severity
Answer: 60 days from the date of first remand, failing which the accused becomes entitled to default bail
Explanation: Under BNSS Section 187 (linked to Section 479 default bail provisions), for offences not punishable with death/life imprisonment/10+ years, the investigation/chargesheet must be completed within 60 days of first remand, after which default bail becomes available if not filed.
2116. Under BNSS, when a case diary is maintained by the investigating officer, can the accused claim a right to inspect it as a matter of right?
- A. Only the Chief Minister of the State can grant access to the case diary
- B. The case diary is a public document available to anyone under RTI
- C. Yes, the accused has an absolute, unconditional right to inspect the entire case diary at any time
- D. No, the accused has no right to call for or use the case diary as evidence except in limited circumstances such as when the police officer refers to it to refresh memory or the court uses it to explain a contradiction
Answer: No, the accused has no right to call for or use the case diary as evidence except in limited circumstances such as when the police officer refers to it to refresh memory or the court uses it to explain a contradiction
Explanation: BNSS retains the CrPC Section 172 principle that the case diary is not an absolute right of inspection for the accused; it is primarily for the court's use, with limited access when the diary is used by the officer to refresh memory or by the court to point out a contradiction.
2117. Under BNSS Section 530, all trials, inquiries, and proceedings may be held in electronic mode. This provision is significant because it:
- A. Provides a blanket enabling provision across the entire Code for electronic conduct of proceedings, unlike the CrPC which lacked such a comprehensive provision
- B. Applies only to proceedings in the Supreme Court
- C. Only applies to bail hearings and nothing else
- D. Was already present verbatim in the CrPC with no change
Answer: Provides a blanket enabling provision across the entire Code for electronic conduct of proceedings, unlike the CrPC which lacked such a comprehensive provision
Explanation: Section 530 BNSS is a new, overarching provision enabling electronic conduct of trials, inquiries, and proceedings throughout the Code, representing a significant technological modernization absent from the CrPC's scattered/limited e-provisions.
2118. Under BNSS, the trial of an offence may now be conducted through electronic mode, meaning proceedings including examination of witnesses may occur via video conferencing. Which safeguard is expressly linked to this provision?
- A. No safeguards at all; any officer may conduct proceedings via any personal device without record
- B. Rules framed by the High Court/State Government regarding use of electronic mode to ensure fairness, security, and authenticity of proceedings
- C. Mandatory presence of the President of India for every electronic hearing
- D. The complete abolition of physical trials in all cases
Answer: Rules framed by the High Court/State Government regarding use of electronic mode to ensure fairness, security, and authenticity of proceedings
Explanation: BNSS's electronic-mode provisions (Section 530 and related) explicitly contemplate rules being framed to govern the manner and safeguards of conducting proceedings electronically, ensuring the integrity of the process is preserved.
2119. Under BNSS, digital/electronic copies of documents relied upon by the prosecution may be furnished to the accused instead of physical copies. This provision aims primarily to:
- A. Deny the accused their right to receive documents entirely
- B. Modernize and expedite the process of furnishing case documents in line with BNSS's technology-driven procedural reforms
- C. Only apply to civil proceedings, never criminal trials
- D. Replace the need for the police report altogether
Answer: Modernize and expedite the process of furnishing case documents in line with BNSS's technology-driven procedural reforms
Explanation: BNSS explicitly permits electronic furnishing of documents to the accused (Section 230 and related provisions), reflecting the Act's broader push toward digitization and speedier criminal justice processes.
2120. Under BNSS, in a case triable by a Court of Session, the prosecution must provide the accused with a list of witnesses it proposes to examine along with the police report. This list serves primarily to:
- A. Ensure the accused has advance notice of prosecution witnesses to prepare an effective defence, part of the fair trial and disclosure obligations
- B. Determine the amount of court fee payable
- C. Allow the accused to bribe or threaten the witnesses beforehand
- D. Replace the need for the charge to be framed by the court
Answer: Ensure the accused has advance notice of prosecution witnesses to prepare an effective defence, part of the fair trial and disclosure obligations
Explanation: Supply of the witness list along with the police report under BNSS (as under CrPC Section 207/208 scheme) upholds the fair trial principle by giving the accused adequate notice and opportunity to prepare a defence.
2121. Under BNSS, when an offence is committed in a moving railway train and it is uncertain in which of several police station jurisdictions it occurred, which BNSS principle governs where the investigation/trial may proceed?
- A. Only the court at the train's originating station has jurisdiction
- B. The offence may be inquired into or tried by a court within whose local jurisdiction the train passed during the journey, including where the offender or victim was found, under the special travel-based jurisdiction rule
- C. No court has jurisdiction and the case must be dismissed
- D. Only the Railway Board headquarters court has jurisdiction
Answer: The offence may be inquired into or tried by a court within whose local jurisdiction the train passed during the journey, including where the offender or victim was found, under the special travel-based jurisdiction rule
Explanation: BNSS retains the special jurisdiction rule (as under CrPC Section 179/181) for offences committed during a journey/voyage, including on trains, allowing trial by any court in whose jurisdiction the train passed, the offence occurred, or the person was found, simplifying jurisdiction for railway offences.
2122. Under BNSS, where an FIR discloses commission of an offence, but the Station House Officer forms an opinion that no case is made out for investigation, the officer must:
- A. Record reasons for not investigating and, in cases requiring it, notify the informant, subject to the Magistrate's oversight power under BNSS
- B. Simply close the file without any written record or notification whatsoever
- C. Immediately arrest the informant for filing a false complaint
- D. Forward the file directly to the High Court for orders
Answer: Record reasons for not investigating and, in cases requiring it, notify the informant, subject to the Magistrate's oversight power under BNSS
Explanation: Under BNSS (as under CrPC Section 157 proviso), an officer deciding not to investigate must record reasons and, subject to State Government rules, notify the informant, with the Magistrate retaining supervisory power over such decisions.
2123. Under BNSS, before a first-class Magistrate records a confession under Section 183, the Magistrate must explain to the person making it that:
- A. Only the police, not the Magistrate, can decide whether the confession is voluntary
- B. The person is not bound to make the confession, and if made, it may be used as evidence against them
- C. The confession will never be used against them under any circumstance
- D. The person must confess or face immediate conviction
Answer: The person is not bound to make the confession, and if made, it may be used as evidence against them
Explanation: Section 183 BNSS requires the Magistrate to warn the accused that they are not bound to confess, and that any confession made may be used as evidence against them, ensuring voluntariness before recording.
2124. Under BNSS, the statement of a witness recorded under Section 183 (equivalent to CrPC Section 164) before a Magistrate can be used at trial primarily:
- A. Only if recorded in the presence of the accused's lawyer
- B. As conclusive proof of guilt on its own, replacing the need for trial testimony entirely
- C. Only for civil suits, never criminal trials
- D. To corroborate or contradict the witness's testimony at trial, not as substantive evidence by itself unless the witness is examined
Answer: To corroborate or contradict the witness's testimony at trial, not as substantive evidence by itself unless the witness is examined
Explanation: A Section 183 BNSS statement recorded before a Magistrate is primarily used for corroboration/contradiction purposes under the Evidence law framework (BSA), not as substantive evidence unless the maker is examined as a witness at trial.
2125. Under BNSS, when an investigating officer wants to conduct a Test Identification Parade (TIP) of a suspect, the request is typically made to:
- A. The jurisdictional Magistrate, who conducts or supervises the identification parade as an independent safeguard against tutoring of witnesses
- B. The railway station master
- C. The accused's defence lawyer, who conducts the parade
- D. The Superintendent of Police only, with no judicial involvement
Answer: The jurisdictional Magistrate, who conducts or supervises the identification parade as an independent safeguard against tutoring of witnesses
Explanation: Test identification parades, though not separately detailed as an isolated section, are conducted under Magistrate supervision as a judicially recognized safeguard, tied to the statement/identification framework under BNSS to ensure impartiality.
2126. Under BNSS, in proceedings for maintenance of wives, children, and parents, if the person against whom the order is made fails to comply without sufficient cause, the Magistrate may issue a warrant for levying the amount and, for each month's allowance remaining unpaid, sentence the person to imprisonment for a term extending to:
- A. Life imprisonment
- B. One month, or until payment is made, whichever is earlier
- C. Six hours only
- D. Ten years mandatorily without exception
Answer: One month, or until payment is made, whichever is earlier
Explanation: Under BNSS maintenance provisions (equivalent to CrPC Section 125), non-compliance can lead to imprisonment up to one month for each month's allowance remaining unpaid, or until payment, whichever is earlier.
2127. Under BNSS, a person against whom proceedings have been initiated for security for good behaviour due to being a habitual robber may be required to execute a bond for a period not exceeding:
- A. One month only
- B. Life imprisonment equivalent duration
- C. Ten years mandatorily
- D. Three years, as fixed by the Magistrate in the order
Answer: Three years, as fixed by the Magistrate in the order
Explanation: Under BNSS's security for good behaviour provisions (corresponding to CrPC Section 110), the bond period fixed by the Magistrate shall not exceed three years.
2128. Under BNSS, a police officer who causes death in the course of dispersing an unlawful assembly using necessary force acting in good faith and in accordance with law is:
- A. Protected from criminal liability for acts done in good faith under the relevant public order provisions, subject to the safeguards on use of force being proportionate and necessary
- B. Liable only under departmental disciplinary action but never subject to any BNSS provision
- C. Automatically guilty of murder with no defence available
- D. Required to resign immediately regardless of circumstances
Answer: Protected from criminal liability for acts done in good faith under the relevant public order provisions, subject to the safeguards on use of force being proportionate and necessary
Explanation: BNSS provisions on dispersal of unlawful assembly (corresponding to CrPC Section 132) protect officers acting in good faith with proportionate, necessary force from criminal proceedings without prior sanction, consistent with the legal-protection scheme for public order duties.
2129. Under BNSS, in relation to offences against the State/public tranquility investigated on a railway platform involving unlawful assembly, the police officer's power to disperse such assembly and use force if necessary corresponds to which chapter's provisions?
- A. The chapter on plea bargaining
- B. The chapter on maintenance of public order and tranquility (unlawful assembly dispersal provisions, corresponding to CrPC Sections 129-132)
- C. The chapter on appeals
- D. The chapter on summons and warrants only
Answer: The chapter on maintenance of public order and tranquility (unlawful assembly dispersal provisions, corresponding to CrPC Sections 129-132)
Explanation: The power to disperse unlawful assembly and use force, including by armed forces if needed, falls under BNSS's public order/tranquility maintenance chapter, corresponding to CrPC Sections 129-132.
2130. Under BNSS, a Magistrate empowered to try a case may, at any stage before the judgment, transfer the case to another Magistrate for trial for reasons that:
- A. Are recorded in writing and relate to the competent authority's satisfaction that transfer serves the interest of justice, subject to the transfer procedure under BNSS
- B. Can only be made by the accused's own written request, never suo motu
- C. Are limited exclusively to cases of judicial officer's medical leave
- D. Need never be recorded, transfer can be done orally without reasons
Answer: Are recorded in writing and relate to the competent authority's satisfaction that transfer serves the interest of justice, subject to the transfer procedure under BNSS
Explanation: BNSS's transfer of criminal cases provisions require reasons to be recorded and the transferring authority to be satisfied it is in the interest of justice, consistent with CrPC Sections 407/408 principles.
2131. Under BNSS, when the officer in charge of a police station is unable to investigate a case himself due to workload, he may depute a subordinate officer, but such subordinate officer must not be below which rank, as a general safeguard?
- A. Only an officer holding the rank of Superintendent of Police or above
- B. The subordinate must always be of a rank higher than the officer in charge himself
- C. There is no rank restriction whatsoever, even a constable may investigate any offence
- D. The rank prescribed by the State Government (generally not below a specified rank such as Sub-Inspector for serious/cognizable offences)
Answer: The rank prescribed by the State Government (generally not below a specified rank such as Sub-Inspector for serious/cognizable offences)
Explanation: BNSS retains the safeguard (as under CrPC Section 157) that investigation of serious/cognizable offences by a subordinate officer requires the rank to not be below what the State Government prescribes, generally ensuring adequately experienced officers handle investigations.
2132. Under BNSS, a police officer investigating an offence may require any person to furnish information in their possession relating to the offence. Refusal to answer questions (other than those tending to expose the person to a criminal charge) truthfully constitutes an offence under which law?
- A. Only under the Railways Act, 1989
- B. BNSS itself creates no such penal consequence at all
- C. Only a civil contempt proceeding, never a criminal offence
- D. Bharatiya Nyaya Sanhita provisions corresponding to the old IPC Section 179 (refusing to answer a public servant authorized to question)
Answer: Bharatiya Nyaya Sanhita provisions corresponding to the old IPC Section 179 (refusing to answer a public servant authorized to question)
Explanation: BNSS's provision on attendance and examination of witnesses (equivalent to CrPC Section 161) is backed by BNS provisions penalizing refusal to answer a public servant's lawful questions, ensuring truthful cooperation subject to the protection against self-incrimination.
2133. An RPF Sub-Inspector investigating theft of railway parcel property recovers stolen goods and wants to release them to the rightful owner during the pendency of the trial. Under BNSS, this interim custody/disposal of property is governed by which provision?
- A. The provision on interim custody and disposal of property pending trial (corresponding to CrPC Section 451), empowering the court to order such disposal as it deems fit
- B. The property can only be released after a civil suit is separately filed
- C. Only the Railway Claims Tribunal can order such release
- D. No provision exists; property must remain in police malkhana until final appeal is exhausted
Answer: The provision on interim custody and disposal of property pending trial (corresponding to CrPC Section 451), empowering the court to order such disposal as it deems fit
Explanation: BNSS's property-disposal-pending-trial provision (equivalent to CrPC Section 451) empowers the court to order interim custody or disposal of property produced before it, including release to the person entitled, pending conclusion of trial.
2134. Under BNSS, if an accused person arrested on a charge involving reasonable grounds to believe that medical examination will afford evidence refuses to consent, what is the legal position?
- A. The registered medical practitioner may still proceed with the examination using reasonable force, and such refusal by itself does not bar the examination as it is not treated as testimonial compulsion violating Article 20(3)
- B. The investigating officer must abandon the entire investigation
- C. The examination cannot proceed under any circumstances without consent
- D. The accused must be released immediately upon refusal
Answer: The registered medical practitioner may still proceed with the examination using reasonable force, and such refusal by itself does not bar the examination as it is not treated as testimonial compulsion violating Article 20(3)
Explanation: Consistent with settled jurisprudence (e.g., State of Bombay v. Kathi Kalu Oghad), compelled medical examination such as DNA/blood sample collection is not testimonial compulsion under Article 20(3), and BNSS permits use of reasonable force for such examination when authorized.
2135. Under BNSS, when an accused person is examined by a medical practitioner at the request of the investigating officer to gather evidence of the commission of an offence, the medical practitioner is required to:
- A. Only orally inform the officer without any written record
- B. Prepare a report recording relevant particulars including injuries, marks of violence, and forward it promptly to the investigating officer/Magistrate as required
- C. Wait for a court order before conducting any examination
- D. Only examine the accused if the accused's lawyer is present
Answer: Prepare a report recording relevant particulars including injuries, marks of violence, and forward it promptly to the investigating officer/Magistrate as required
Explanation: Under BNSS provisions corresponding to CrPC Section 53, medical examination of the accused requires the registered medical practitioner to prepare a report of relevant findings, forwarded to the investigating officer, forming part of the evidentiary record.
2136. Under BNSS, when an investigating officer needs to handcuff an arrested person during transit, the permissibility of handcuffing (drawing from constitutional jurisprudence now partly codified) is restricted to which category of cases?
- A. Only persons arrested for economic offences below Rs. 1000
- B. Only persons above 70 years of age
- C. Habitual or repeat offenders, those involved in organized crime, terrorism, drug offences, illegal possession of arms, murder, rape, acid attack, counterfeiting, offences against the State, or similar grave offences, or those who escaped from custody
- D. All arrested persons in every case without exception
Answer: Habitual or repeat offenders, those involved in organized crime, terrorism, drug offences, illegal possession of arms, murder, rape, acid attack, counterfeiting, offences against the State, or similar grave offences, or those who escaped from custody
Explanation: BNSS Section 43(3) codifies that handcuffs may be used while producing/taking a person to court only for habitual/repeat offenders, those who escaped custody, or those involved in organized crime, terrorism, drugs, illegal arms, murder, rape, acid attack, counterfeiting, or offences against the State, reflecting the Prem Shankar Shukla safeguards.
2137. Under BNSS, a reference to the High Court by a subordinate court arises when the subordinate court, in a pending case, entertains doubt about:
- A. The quantum of court fees payable
- B. The character of a witness only
- C. The seniority of the presiding judge
- D. The validity of any Act, Ordinance, or Regulation, or any provision therein, necessary for the disposal of the case, and considers such Act/provision to be invalid or inoperative
Answer: The validity of any Act, Ordinance, or Regulation, or any provision therein, necessary for the disposal of the case, and considers such Act/provision to be invalid or inoperative
Explanation: Reference under BNSS (as under CrPC Section 395) is made when a subordinate court doubts the validity of an Act, Ordinance, or Regulation necessary for case disposal and believes it invalid, referring the question of law to the High Court.
2138. Under BNSS, the power of revision vested in the High Court or Sessions Judge over proceedings of an inferior criminal court is primarily intended to:
- A. Completely retry the case as if it were a fresh trial with new witnesses
- B. Only be exercised by the Supreme Court, not any subordinate revisional court
- C. Only enhance sentences and never reduce them
- D. Examine the correctness, legality, or propriety of the finding, sentence, or order and the regularity of proceedings, not to re-appreciate evidence like an appeal
Answer: Examine the correctness, legality, or propriety of the finding, sentence, or order and the regularity of proceedings, not to re-appreciate evidence like an appeal
Explanation: Revisional jurisdiction under BNSS is supervisory in nature, meant to correct miscarriages of justice, illegality, or irregularity, and is narrower in scope than an appeal which involves re-appreciation of evidence.
2139. Under BNSS, an appeal against conviction by a Court of Session in a trial where the sentence is imprisonment exceeding seven years lies to:
- A. The Sessions Judge of an adjoining district
- B. The Supreme Court directly, bypassing the High Court
- C. The High Court
- D. The Chief Judicial Magistrate
Answer: The High Court
Explanation: Under BNSS appeal provisions (mirroring CrPC Section 374 scheme), an appeal from a conviction by a Court of Session lies to the High Court.
2140. Under BNSS, in a summons-case trial, if the accused appears through a pleader and the Magistrate is satisfied that personal attendance is not necessary, the accused may be:
- A. Automatically discharged from the case
- B. Required to deposit the maximum fine amount as security
- C. Permitted by the Magistrate to appear through the pleader without being personally present, subject to the Magistrate's discretion to direct personal attendance at any stage
- D. Never permitted to be represented by a pleader in a summons-case
Answer: Permitted by the Magistrate to appear through the pleader without being personally present, subject to the Magistrate's discretion to direct personal attendance at any stage
Explanation: In summons-cases, the Magistrate has discretion to dispense with personal attendance and permit appearance through a pleader, while retaining power to direct personal appearance at any stage if required.
2141. Under BNSS, an investigating officer collects a bloodstained weapon at a crime scene. For the forensic report on this exhibit to be admissible without examining the forensic expert in person, which BNSS provision on reports of certain government scientific experts applies?
- A. Such reports are treated as hearsay and are never admissible
- B. There is no such provision under BNSS; every expert must always testify in person
- C. Only the Director of the Central Forensic Laboratory may issue such reports
- D. The provision corresponding to CrPC Section 293, allowing such reports to be used as evidence without the expert's personal appearance unless the court directs otherwise
Answer: The provision corresponding to CrPC Section 293, allowing such reports to be used as evidence without the expert's personal appearance unless the court directs otherwise
Explanation: BNSS retains (with an expanded list of notified government scientific experts) the CrPC Section 293 mechanism allowing reports of certain government scientific experts to be used as evidence without requiring their personal examination, unless the court summons them.
2142. Under Section 176(3) proviso of BNSS, for offences punishable with imprisonment of seven years or more, forensic expert visit to the crime scene for evidence collection is mandatory. Where forensic facility is unavailable in a State, what is the mandated interim arrangement?
- A. The State Government shall notify utilisation of the forensic facility of another State until its own facility is established
- B. The trial cannot proceed without forensic evidence under any circumstance
- C. The investigation must be transferred entirely to the CBI
- D. Forensic evidence requirement is waived permanently for that State
Answer: The State Government shall notify utilisation of the forensic facility of another State until its own facility is established
Explanation: Section 176(3) proviso permits a State lacking forensic facilities to notify use of another State's forensic science laboratory facility as an interim measure until its own is established.
2143. Under BNSS, a person sentenced to death has the right to file a mercy petition. The procedure for such petitions, including the timeline for the convict to be informed of rejection and to consult family/legal counsel, is governed by:
- A. BNSS Section 528 exclusively, with no reference to the Constitution
- B. Constitutional provisions (Articles 72/161) read with procedural safeguards developed through judicial precedent and prison manuals
- C. Municipal bye-laws of the concerned jail's local authority
- D. Only the Prisons Act, 1894, with no other applicable law
Answer: Constitutional provisions (Articles 72/161) read with procedural safeguards developed through judicial precedent and prison manuals
Explanation: Mercy petitions operate under the constitutional pardoning powers (Articles 72/161), with procedural safeguards (minimum notice period before execution, right to legal aid, information to family) developed through Supreme Court precedent (e.g., Shatrughan Chauhan), not primarily under BNSS itself.
2144. Under BNSS, the State Government has the power to suspend or remit the whole or part of a sentence, with or without conditions. This executive clemency power is distinct from the constitutional pardoning powers of the President/Governor and is found in a provision equivalent to which CrPC section?
- A. Section 302 CrPC (permission to conduct prosecution)
- B. Article 72 of the Constitution exclusively
- C. Section 433 CrPC only, exclusively for death sentences
- D. Section 432 CrPC (power to suspend or remit sentences)
Answer: Section 432 CrPC (power to suspend or remit sentences)
Explanation: BNSS retains the CrPC Section 432 executive remission power vested in the appropriate Government, operationally distinct from the constitutional pardon powers under Articles 72/161, and frequently exercised for good-conduct-based early release.
2145. Under BNSS, in the execution of sentences of fine, the Court may recover the amount by issuing a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender, which corresponds to a provision equivalent to which CrPC section?
- A. Section 41 CrPC (arrest without warrant)
- B. Section 421 CrPC (warrant for levy of fine)
- C. Section 82 CrPC (proclamation for person absconding)
- D. Section 154 CrPC (information in cognizable cases)
Answer: Section 421 CrPC (warrant for levy of fine)
Explanation: BNSS retains the CrPC Section 421 mechanism for fine recovery: a warrant directing attachment and sale of the offender's movable property, and where insufficient, immovable property, providing an enforcement route distinct from imprisonment in default.
2146. Under BNSS, a bond executed under any provision of the Code for keeping the peace or good behaviour or for appearance in court may, upon breach, result in:
- A. Cancellation only, with no monetary consequence
- B. Forfeiture of the bond and recovery of the penalty from the surety or principal
- C. Automatic imprisonment without any hearing
- D. No consequence unless the offence is repeated three times
Answer: Forfeiture of the bond and recovery of the penalty from the surety or principal
Explanation: BNSS retains the CrPC's bond-forfeiture mechanism (Section 446 CrPC equivalent): where a bond's conditions are broken, the Court may call upon the principal and sureties to pay the penalty, after giving them an opportunity to show cause.
2147. Under BNSS, where a person has been released on bail and it is proved that he has committed an offence while on bail, or is likely to tamper with evidence or threaten witnesses, the Court may:
- A. Only impose a monetary fine, never re-arrest
- B. Direct that such person be arrested and commit him to custody, cancelling the bail
- C. Ignore the violation unless the victim files a fresh complaint
- D. Automatically acquit the accused
Answer: Direct that such person be arrested and commit him to custody, cancelling the bail
Explanation: BNSS retains the CrPC Section 439(2)-equivalent power of the Court to cancel bail and re-arrest an accused who violates bail conditions, commits fresh offences, or threatens witnesses/evidence, safeguarding trial integrity.
2148. Under BNSS, which categories of accused persons receive special leniency in bail consideration even in non-bailable offences otherwise attracting the death/life-imprisonment bail bar, subject to the Court's discretion?
- A. Repeat offenders with more than three prior convictions
- B. Government employees only
- C. Any person under the age of sixteen years, or any woman, or any sick or infirm person
- D. Foreign nationals without valid documentation
Answer: Any person under the age of sixteen years, or any woman, or any sick or infirm person
Explanation: BNSS retains the CrPC Section 437 proviso granting the Court discretion to release on bail persons under 16, women, or the sick/infirm, even when the offence would ordinarily attract the death/life-imprisonment bail bar.
2149. Under BNSS, in a non-bailable offence, bail shall NOT ordinarily be granted if there appear reasonable grounds for believing that the accused has been guilty of an offence punishable with:
- A. Simple imprisonment up to one year
- B. Fine only, without imprisonment
- C. Death or imprisonment for life
- D. Community service
Answer: Death or imprisonment for life
Explanation: BNSS retains the CrPC Section 437 principle that bail in non-bailable offences is presumptively refused where reasonable grounds exist to believe the accused is guilty of an offence punishable with death or life imprisonment, subject to exceptions for minors, women, and the sick/infirm.
2150. Under BNSS, when an accused person is produced before a Magistrate and the Magistrate is satisfied that a bailable offence is made out, the accused:
- A. May only be released if the victim consents
- B. Must remain in custody until trial concludes
- C. May be detained at the Magistrate's absolute discretion regardless of the offence being bailable
- D. Shall be released on bail as a matter of right, subject to furnishing bail/bond
Answer: Shall be released on bail as a matter of right, subject to furnishing bail/bond
Explanation: BNSS retains the fundamental principle that bail in a bailable offence is a matter of right, not judicial discretion -- the accused is entitled to be released on furnishing bail/bond, unlike non-bailable offences where discretion applies.
2151. Under BNSS, where two or more police stations in different districts hold overlapping jurisdiction over an investigation because parts of the offence occurred in each, the investigation may be conducted by the police officer of:
- A. Only the CBI in all such multi-jurisdiction cases
- B. Only the police station where the FIR was first registered, with no flexibility
- C. Any of the police stations concerned, as directed under orders of superior police authority to avoid duplication
- D. Only a jointly constituted Special Investigation Team appointed by the High Court
Answer: Any of the police stations concerned, as directed under orders of superior police authority to avoid duplication
Explanation: BNSS retains the CrPC's jurisdictional flexibility (Section 178/179 CrPC equivalent) allowing investigation/trial by a court/police station within whose local jurisdiction any part of the offence occurred, with superior police authority directing which station handles it to avoid duplicated or conflicting investigations.
2152. Under BNSS, a subordinate police officer making an investigation shall not, without written permission of the officer in charge of the police station, require any person to attend at any place other than:
- A. The residence of the investigating officer
- B. The place in which such person resides
- C. The office of the District Magistrate
- D. The nearest police station only
Answer: The place in which such person resides
Explanation: BNSS retains this CrPC-derived procedural safeguard limiting a subordinate officer's power to summon persons for questioning: without written permission from the SHO, questioning must occur where the person resides, restraining overreach by junior officers.
2153. Under BNSS, the case diary maintained by an investigating officer must record the time at which the information reached him, the time at which he began and closed his investigation, and:
- A. The salary details of the investigating officer
- B. The political affiliations of witnesses
- C. The place or places visited by him
- D. The personal opinions of the officer's superiors
Answer: The place or places visited by him
Explanation: BNSS retains the CrPC Section 172 requirement that the case diary record the place(s) visited during investigation, alongside a statement of the circumstances ascertained and the steps taken, ensuring a chronological, verifiable investigation record.
2154. Under BNSS, a police officer making an investigation is required to send a report (case diary) of the progress of the investigation to the Magistrate empowered to take cognizance of the offence. This provision, equivalent to Section 173(1)/172 CrPC (case diary), serves the purpose of:
- A. Enabling judicial oversight of the investigation's progress and timeliness
- B. Functioning as a public document open to inspection by any citizen
- C. Replacing the need for a chargesheet entirely
- D. Serving as substantive evidence admissible against the accused at trial
Answer: Enabling judicial oversight of the investigation's progress and timeliness
Explanation: The case diary under BNSS (Section 192, equivalent to Section 172 CrPC) allows the Magistrate to monitor investigation progress and timeliness; it is not itself substantive evidence and is not a public document open to general inspection, though the accused/court may use it under specific conditions.
2155. Under BNSS, where a person has been tried by a Court of competent jurisdiction for an offence and convicted or acquitted, and the conviction or acquittal remains in force, he shall not be tried again for the same offence. This constitutional-cum-statutory safeguard against double jeopardy is embodied in a provision equivalent to which CrPC section?
- A. Section 321 CrPC (withdrawal from prosecution)
- B. Section 273 CrPC (evidence to be taken in presence of accused)
- C. Section 300 CrPC (person once convicted or acquitted not to be tried for same offence)
- D. Section 216 CrPC (alteration of charge)
Answer: Section 300 CrPC (person once convicted or acquitted not to be tried for same offence)
Explanation: BNSS retains the double-jeopardy protection of Section 300 CrPC (itself rooted in Article 20(2) of the Constitution), barring a second trial for the same offence once a valid conviction or acquittal has been recorded, subject to narrow statutory exceptions.
2156. Under BNSS, a finding, sentence, or order passed by a Court of competent jurisdiction shall not be reversed or altered by an Appellate Court on account of any error, omission, or irregularity in the proceedings UNLESS:
- A. Such error, omission, or irregularity has occasioned a failure of justice
- B. There is any error at all, however trivial
- C. The trial exceeded 90 days in duration
- D. The accused merely requests a reversal
Answer: Such error, omission, or irregularity has occasioned a failure of justice
Explanation: BNSS retains the CrPC Section 465 harmless-error rule: reversal on account of procedural error/irregularity requires that it actually occasioned a failure of justice, not mere technical non-compliance, preventing hyper-technical acquittals.
2157. Under BNSS, no irregularity in the mode of taking cognizance of an offence by a Magistrate shall vitiate the proceedings, provided such Magistrate had jurisdiction to take cognizance. This principle is contained in a provision equivalent to which CrPC section?
- A. Section 203 CrPC (dismissal of complaint)
- B. Section 460 CrPC (irregularities not vitiating proceedings)
- C. Section 197 CrPC (sanction for prosecution)
- D. Section 156 CrPC (police power to investigate)
Answer: Section 460 CrPC (irregularities not vitiating proceedings)
Explanation: BNSS retains the CrPC Section 460 doctrine curing certain irregularities (such as mode of taking cognizance) so long as the Magistrate had jurisdiction, preventing technical defects from automatically nullifying otherwise valid proceedings.
2158. Under BNSS, if the proclaimed person fails to appear within the time specified in the proclamation, and the property attached remains unclaimed for how long, it may be sold/disposed of by the State Government, subject to certain conditions?
- A. One month from the date of attachment
- B. There is no time period; the property is never disposed of
- C. Fifteen days from the date of attachment
- D. Six months from the date of attachment
Answer: Six months from the date of attachment
Explanation: BNSS retains the CrPC Section 85 rule that attached property of a proclaimed person who fails to appear is at the disposal of the State Government, but may not be sold until six months from the date of attachment have expired (except perishable or fast-decaying property).
2159. Under BNSS, where property has been attached following a proclamation, and the proclaimed person appears within the time specified, the Court shall order the property to be released from attachment, subject to payment of:
- A. A penalty equal to double the property's value
- B. No release is permitted once attachment has been ordered
- C. Any costs incurred in consequence of the attachment
- D. The full market value of the property to the State
Answer: Any costs incurred in consequence of the attachment
Explanation: BNSS retains the CrPC Section 85 mechanism: property attached in consequence of a proclamation is released upon the proclaimed person's timely appearance, subject to reimbursement of costs incurred due to the attachment.
2160. Under BNSS, the minimum period that must elapse between the publication of a proclamation and the date fixed for appearance is:
- A. Not less than thirty days from the date of publication
- B. Not less than ninety days from the date of publication
- C. Not less than seven days from the date of publication
- D. There is no minimum period prescribed
Answer: Not less than thirty days from the date of publication
Explanation: BNSS retains the CrPC Section 82 rule requiring the proclamation to fix a date for appearance not less than thirty days from the date of publication, giving the absconder a genuine opportunity to surrender.
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