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Criminal Law (BNS 2023) MCQs for CLAT PG, Page 4

CLAT PG Criminal Law (BNS 2023) questions 64-85 of 85, with answer keys and explanations covering general exceptions, homicide, offences against property, women, the State, public order, and the Bharatiya Nyaya Sanhita.

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Revise core LLB subjects through CLAT PG MCQs, passage-led questions, answer keys, explanations, statutes, and exam-oriented legal principles.

  • Abetment, Common Intention and Joint Liability5
  • Criminal Conspiracy under BNS 20235
  • Criminal Law Reform: Constitutional Rights, DK Basu, and BNSS 20235
  • Dacoity, Robbery, and Organised Crime under BNS 20235
  • Death Penalty - Rarest of Rare Doctrine and Mitigating Circumstances5
  • General Exception: Unsoundness of Mind (Section 22 BNS)5
  • Introduction to BNS 2023 and Key Changes from IPC5
  • Kidnapping and Abduction under BNS 20235
  • Mens Rea and Strict Liability in Criminal Law5
  • Murder and Culpable Homicide: The Distinction5
  • New BNS Offences: Section 69 and Section 103(2) - Deceitful Sex and Mob Lynching5
  • New Offences in BNS: Organised Crime, Mob Lynching, and Terrorism5
  • Rape Law and Section 63 BNS: Consent and the IPC to BNS Evolution5
  • Right of Private Defence under BNS 20235
  • Section 63 BNS: Rape and Consent5
  • Theft and Property Offences under BNS 20235
  • Wrongful Restraint, Confinement and Kidnapping5
Passage or principleBNS 2023 Sections 127-144 / S. Vardarajan v. State of Madras / Thakorlal Vadgama

Sections 127 to 144 of the Bharatiya Nyaya Sanhita, 2023, deal with offences restricting the freedom of movement and personal liberty of individuals. Wrongful restraint under Section 127 BNS prevents a person from moving in a particular direction while still allowing movement in others; wrongful confinement under Section 128 BNS prevents movement in any direction, completely limiting the person within certain limits. Both offences are graduated, with longer durations attracting enhanced punishment: Section 130 BNS provides for enhanced punishment when confinement exceeds three days, and Section 131 BNS further enhances punishment when it exceeds ten days. Kidnapping from lawful guardianship under Section 137 BNS is a distinct offence requiring that a child (now uniformly defined as a person below 18 years in Section 2(3) BNS) be taken or enticed out of the keeping of a lawful guardian without consent. The Supreme Court in S. Vardarajan v. State of Madras (AIR 1965 SC 942) held that where a minor leaves a guardian's custody voluntarily and independently, and the accused merely accommodates the minor without actively taking or enticing her, the accused may not be guilty of kidnapping. However, in Thakorlal D. Vadgama v. State of Gujarat (AIR 1973 SC 2313), the Court held that an accused who retains a minor who has come to him, without attempting to return her to her guardians when there is the opportunity and ability to do so, may be held to have 'taken' the minor within the meaning of Section 361 IPC (now Section 137 BNS).

Question 64HardWrongful Restraint, Confinement and Kidnapping

In Thakorlal D. Vadgama v. State of Gujarat, the court held that 'taking' a minor within the meaning of the kidnapping provision may include:

  1. A

    Only forcibly carrying a minor away

  2. B

    Retaining a minor who has voluntarily come to the accused, without attempting to return her to her guardians when there is the opportunity and ability to do so

  3. C

    Any contact between the accused and the minor

  4. D

    Providing food and shelter to a minor without payment

View answer and explanation

Correct answer: B. Retaining a minor who has voluntarily come to the accused, without attempting to return her to her guardians when there is the opportunity and ability to do so

The passage states: 'an accused who retains a minor who has come to him, without attempting to return her to her guardians when there is the opportunity and ability to do so, may be held to have taken the minor.'

Source note: BNS 2023 Sections 127-144 / S. Vardarajan v. State of Madras / Thakorlal Vadgama

Question 65MediumWrongful Restraint, Confinement and Kidnapping

The S. Vardarajan principle as described in the passage provides that accused is not guilty of kidnapping when:

  1. A

    The minor is above 15 years of age

  2. B

    The minor leaves the guardian's custody voluntarily and independently and the accused merely accommodates the minor without actively taking or enticing her

  3. C

    The accused married the minor after she came to him

  4. D

    The guardian did not report the missing child to police promptly

View answer and explanation

Correct answer: B. The minor leaves the guardian's custody voluntarily and independently and the accused merely accommodates the minor without actively taking or enticing her

The passage states: 'where a minor leaves a guardian's custody voluntarily and independently, and the accused merely accommodates the minor without actively taking or enticing her, the accused may not be guilty of kidnapping.'

Source note: BNS 2023 Sections 127-144 / S. Vardarajan v. State of Madras / Thakorlal Vadgama

Passage or principleBNS 2023 Section 63 / Independent Thought v. UOI / State of Punjab v. Gurmit Singh

The law of rape in India has undergone substantial transformation over the last four decades. Section 63 of the Bharatiya Nyaya Sanhita, 2023, corresponding to Section 375 IPC as amended in 2013, defines rape broadly to include multiple forms of non-consensual penetrative acts and specifies circumstances where consent is vitiated. Consent that is given under fear of death, grievous hurt, by fraudulent misrepresentation about the nature of the act, intoxication, or by impersonating the husband, is not valid consent. The section specifies that a woman who is unable to communicate consent, or who is underage, does not legally consent. The marital exception in Section 63 BNS is now restricted to wives aged 18 years and above, following the Supreme Court's direction in Independent Thought v. Union of India (2017) 10 SCC 800 which struck down the earlier exception extending to girls aged 15 and above. Notably, the 2013 amendment to Section 375 IPC, which was carried over into Section 63 BNS, was passed in the aftermath of the Nirbhaya case (Mukesh v. State (NCT of Delhi), 2012-2017) and greatly expanded the definition of rape beyond penile penetration. Section 69 BNS, a new provision without IPC counterpart, criminalises sexual intercourse obtained through a false promise of marriage or other deceitful means, where the act is not rape but involves deception. The procedural protections for rape survivors, including in-camera proceedings, video recording of statements, and restrictions on cross-examination about prior sexual history, are contained in the Bharatiya Nagarik Suraksha Sanhita 2023 and the Bharatiya Sakshya Adhiniyam 2023.

Question 66EasyRape Law and Section 63 BNS: Consent and the IPC to BNS Evolution

According to the passage, the marital exception in Section 63 BNS 2023 now applies only when:

  1. A

    The marriage is registered under applicable law

  2. B

    The wife is 18 years of age or above; the earlier exception extending to girls aged 15 and above was struck down

  3. C

    The husband is below 30 years of age

  4. D

    The parties have been married for at least one year

View answer and explanation

Correct answer: B. The wife is 18 years of age or above; the earlier exception extending to girls aged 15 and above was struck down

The passage states: 'The marital exception in Section 63 BNS is now restricted to wives aged 18 years and above.'

Source note: BNS 2023 Section 63 / Independent Thought v. UOI / State of Punjab v. Gurmit Singh

Question 67EasyRape Law and Section 63 BNS: Consent and the IPC to BNS Evolution

The passage identifies the stimulus for the 2013 amendment to Section 375 IPC as:

  1. A

    A Law Commission recommendation

  2. B

    The Nirbhaya case (Mukesh v. State (NCT of Delhi), 2012-2017) which prompted expansion of the rape definition

  3. C

    A Supreme Court direction in Independent Thought

  4. D

    A parliamentary committee recommendation without any specific incident

View answer and explanation

Correct answer: B. The Nirbhaya case (Mukesh v. State (NCT of Delhi), 2012-2017) which prompted expansion of the rape definition

The passage states: 'the 2013 amendment to Section 375 IPC...was passed in the aftermath of the Nirbhaya case.'

Source note: BNS 2023 Section 63 / Independent Thought v. UOI / State of Punjab v. Gurmit Singh

Question 68HardRape Law and Section 63 BNS: Consent and the IPC to BNS Evolution

Section 69 BNS 2023 (new provision) creates an offence for sexual intercourse obtained through false promise of marriage. The passage indicates this offence is distinct from rape because:

  1. A

    It involves less serious conduct than rape

  2. B

    The act does not amount to rape (perhaps because consent to penetration was technically given) but still involves deception; Section 69 creates a specific offence for this category of cases involving false promises

  3. C

    Section 69 only applies to long-term relationships

  4. D

    Section 69 requires the victim to be below 21 years

View answer and explanation

Correct answer: B. The act does not amount to rape (perhaps because consent to penetration was technically given) but still involves deception; Section 69 creates a specific offence for this category of cases involving false promises

The passage states: 'Section 69 BNS...criminalises sexual intercourse obtained through a false promise of marriage or other deceitful means, where the act is not rape but involves deception.'

Source note: BNS 2023 Section 63 / Independent Thought v. UOI / State of Punjab v. Gurmit Singh

Question 69MediumRape Law and Section 63 BNS: Consent and the IPC to BNS Evolution

Consent obtained through fraudulent misrepresentation about the nature of the act, according to the passage:

  1. A

    Is valid consent if the victim did not resist

  2. B

    Is not valid consent; such vitiated consent does not satisfy the consent requirement in Section 63 BNS

  3. C

    Is valid consent if the accused genuinely believed the victim consented

  4. D

    Is only relevant if the misrepresentation was in writing

View answer and explanation

Correct answer: B. Is not valid consent; such vitiated consent does not satisfy the consent requirement in Section 63 BNS

The passage states: 'Consent that is given...by fraudulent misrepresentation about the nature of the act...is not valid consent.'

Source note: BNS 2023 Section 63 / Independent Thought v. UOI / State of Punjab v. Gurmit Singh

Question 70HardRape Law and Section 63 BNS: Consent and the IPC to BNS Evolution

The procedural protections for rape survivors including in-camera proceedings and restrictions on cross-examination about prior sexual history are contained in:

  1. A

    Section 63 BNS itself

  2. B

    The Bharatiya Nagarik Suraksha Sanhita 2023 and the Bharatiya Sakshya Adhiniyam 2023, not in the BNS (substantive law)

  3. C

    The POCSO Act 2012 only

  4. D

    The Constitution of India under Article 21

View answer and explanation

Correct answer: B. The Bharatiya Nagarik Suraksha Sanhita 2023 and the Bharatiya Sakshya Adhiniyam 2023, not in the BNS (substantive law)

The passage states: 'The procedural protections for rape survivors...are contained in the Bharatiya Nagarik Suraksha Sanhita 2023 and the Bharatiya Sakshya Adhiniyam 2023.'

Source note: BNS 2023 Section 63 / Independent Thought v. UOI / State of Punjab v. Gurmit Singh

Passage or principleBNS 2023 Sections 69, 103(2) / Contemporary Criminal Law

The Bharatiya Nyaya Sanhita, 2023 introduces several new offences that address contemporary social problems. Section 69 BNS criminalises sexual intercourse by deceitful means such as false promise of marriage, false promise of employment or promotion, or concealment of identity. The provision punishes with imprisonment up to ten years and fine. This section responds to a category of cases that courts had previously struggled to accommodate under the rape definition in Section 375 IPC. While some courts had held that consent to sexual intercourse obtained through a false promise of marriage was vitiating the consent and therefore amounted to rape, others had found this difficult to fit within the traditional definition requiring a false representation about the nature of the act. Section 69 BNS resolves this ambiguity by creating a separate offence for such deceit-based sexual intercourse that falls short of rape. Section 103(2) BNS introduces mob lynching as a specific aggravated form of murder, defined as murder committed by a group of five or more persons in concert on grounds of race, caste, community, sex, place of birth, language, or personal belief. The minimum punishment is seven years imprisonment extendable to life or death. The provision recognises bias-motivated killing as qualitatively more serious than ordinary murder because it targets persons on account of their identity, creates a climate of fear in entire communities, and has the potential for mass social harm beyond the individual killing. Before this provision, mob lynching was prosecuted under Section 302 IPC read with Section 149 IPC (unlawful assembly), which did not specifically recognise the hate-motivated nature of such killings.

Question 71EasyNew BNS Offences: Section 69 and Section 103(2) - Deceitful Sex and Mob Lynching

Section 69 BNS 2023 was introduced to address which category of cases that courts had difficulty fitting within the traditional rape definition?

  1. A

    Cases involving physical force

  2. B

    Sexual intercourse obtained through a false promise of marriage or other deceitful means, which some courts had difficulty accommodating within the traditional rape definition requiring misrepresentation about the nature of the act

  3. C

    Cases involving intoxicated victims

  4. D

    Cases where the parties were in a live-in relationship

View answer and explanation

Correct answer: B. Sexual intercourse obtained through a false promise of marriage or other deceitful means, which some courts had difficulty accommodating within the traditional rape definition requiring misrepresentation about the nature of the act

The passage states: 'Section 69 BNS criminalises sexual intercourse by deceitful means such as false promise of marriage...This section responds to a category of cases that courts had previously struggled to accommodate under the rape definition.'

Source note: BNS 2023 Sections 69, 103(2) / Contemporary Criminal Law

Question 72EasyNew BNS Offences: Section 69 and Section 103(2) - Deceitful Sex and Mob Lynching

The punishment under Section 69 BNS for sexual intercourse by deceitful means is:

  1. A

    Rigorous imprisonment of not less than 7 years

  2. B

    Imprisonment up to ten years and fine

  3. C

    Life imprisonment only

  4. D

    Community service for first-time offenders

View answer and explanation

Correct answer: B. Imprisonment up to ten years and fine

The passage states: 'The provision punishes with imprisonment up to ten years and fine.'

Source note: BNS 2023 Sections 69, 103(2) / Contemporary Criminal Law

Question 73MediumNew BNS Offences: Section 69 and Section 103(2) - Deceitful Sex and Mob Lynching

Section 103(2) BNS on mob lynching requires the murder to be committed by a group of five or more persons on the basis of which types of grounds?

  1. A

    Only religious grounds

  2. B

    Race, caste, community, sex, place of birth, language, or personal belief

  3. C

    Political affiliation and economic status

  4. D

    Any group of five persons regardless of motive

View answer and explanation

Correct answer: B. Race, caste, community, sex, place of birth, language, or personal belief

The passage states: 'murder committed by a group of five or more persons in concert on grounds of race, caste, community, sex, place of birth, language, or personal belief.'

Source note: BNS 2023 Sections 69, 103(2) / Contemporary Criminal Law

Question 74MediumNew BNS Offences: Section 69 and Section 103(2) - Deceitful Sex and Mob Lynching

The passage argues that mob lynching is qualitatively more serious than ordinary murder because:

  1. A

    It is committed by more people

  2. B

    It targets persons on account of their identity, creates a climate of fear in entire communities, and has potential for mass social harm beyond the individual killing

  3. C

    The evidence is always more difficult to gather

  4. D

    Public sentiment is always against the accused in such cases

View answer and explanation

Correct answer: B. It targets persons on account of their identity, creates a climate of fear in entire communities, and has potential for mass social harm beyond the individual killing

The passage states: 'bias-motivated killing...targets persons on account of their identity, creates a climate of fear in entire communities, and has the potential for mass social harm beyond the individual killing.'

Source note: BNS 2023 Sections 69, 103(2) / Contemporary Criminal Law

Question 75HardNew BNS Offences: Section 69 and Section 103(2) - Deceitful Sex and Mob Lynching

Before Section 103(2) BNS, mob lynching was prosecuted under which provisions?

  1. A

    Section 302 IPC alone without any group liability provision

  2. B

    Section 302 IPC read with Section 149 IPC (unlawful assembly), which did not specifically recognise the hate-motivated nature of such killings

  3. C

    The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act only

  4. D

    The Prevention of Terrorism Act (POTA)

View answer and explanation

Correct answer: B. Section 302 IPC read with Section 149 IPC (unlawful assembly), which did not specifically recognise the hate-motivated nature of such killings

The passage states: 'Before this provision, mob lynching was prosecuted under Section 302 IPC read with Section 149 IPC (unlawful assembly), which did not specifically recognise the hate-motivated nature of such killings.'

Source note: BNS 2023 Sections 69, 103(2) / Contemporary Criminal Law

Passage or principleBNS 2023 Sections 308-316 / Section 111-112 BNS

Property offences involving violence and organised criminal activity are addressed at multiple levels under the Bharatiya Nyaya Sanhita, 2023. Theft (Section 303 BNS) is the basic property offence involving dishonest taking of movable property without consent. When a person commits theft or extortion and voluntarily causes death, hurt, or wrongful restraint or fear thereof in commission of the act, the offence becomes robbery under Section 310 BNS. When robbery is committed by five or more persons conjointly, the offence escalates to dacoity under Section 311 BNS. The Bharatiya Nyaya Sanhita introduces a new graduated framework: when five or more persons commit robbery resulting in murder, the punishment under Section 314 BNS is death or imprisonment for life. When deadly weapons are used or grievous hurt is caused during robbery or dacoity, Section 313 BNS mandates a minimum of seven years rigorous imprisonment. These provisions address the phenomenon of organised gang crimes at the conventional criminal law level. At a higher level of organisation, the BNS 2023 introduces Section 111 on organised crime, which targets criminal syndicates engaged in continuing unlawful activities. A crime syndicate under Section 111 requires only two or more persons acting in concert. Unlike dacoity which focuses on a single criminal incident, organised crime addresses the criminal enterprise itself. Section 112 BNS addresses petty organised crime, recognising that organised criminal activity occurs across a spectrum of severity from pickpocketing rings to kidnapping syndicates. The overlap between these provisions allows prosecutors to choose the most appropriate charge based on the evidence available and the nature of the criminal activity.

Question 76EasyDacoity, Robbery, and Organised Crime under BNS 2023

According to the passage, the key element that transforms robbery into dacoity is:

  1. A

    The use of deadly weapons

  2. B

    The participation of five or more persons conjointly in the robbery

  3. C

    The theft being of property worth more than Rs. 1 lakh

  4. D

    The robbery occurring at night

View answer and explanation

Correct answer: B. The participation of five or more persons conjointly in the robbery

The passage states: 'When robbery is committed by five or more persons conjointly, the offence escalates to dacoity under Section 311 BNS.'

Source note: BNS 2023 Sections 308-316 / Section 111-112 BNS

Question 77MediumDacoity, Robbery, and Organised Crime under BNS 2023

Section 313 BNS mandates a minimum of seven years rigorous imprisonment when:

  1. A

    Five or more persons commit robbery

  2. B

    Deadly weapons are used or grievous hurt is caused during robbery or dacoity

  3. C

    The robbery occurs at a bank or government property

  4. D

    The total value of stolen property exceeds Rs. 5 lakh

View answer and explanation

Correct answer: B. Deadly weapons are used or grievous hurt is caused during robbery or dacoity

The passage states: 'when deadly weapons are used or grievous hurt is caused during robbery or dacoity, Section 313 BNS mandates a minimum of seven years rigorous imprisonment.'

Source note: BNS 2023 Sections 308-316 / Section 111-112 BNS

Question 78MediumDacoity, Robbery, and Organised Crime under BNS 2023

The crime syndicate under Section 111 BNS requires a minimum of:

  1. A

    Five or more persons (same as unlawful assembly)

  2. B

    Two or more persons acting in concert in continuing unlawful activities

  3. C

    Ten or more persons with a formal hierarchical structure

  4. D

    Three or more persons with a designated leader

View answer and explanation

Correct answer: B. Two or more persons acting in concert in continuing unlawful activities

The passage states: 'A crime syndicate under Section 111 requires only two or more persons acting in concert.'

Source note: BNS 2023 Sections 308-316 / Section 111-112 BNS

Question 79HardDacoity, Robbery, and Organised Crime under BNS 2023

The distinction between dacoity (Section 311 BNS) and organised crime (Section 111 BNS) as described in the passage is:

  1. A

    There is no meaningful distinction between the two

  2. B

    Dacoity focuses on a single criminal incident with five or more persons; organised crime addresses the criminal enterprise itself engaged in continuing unlawful activities

  3. C

    Organised crime applies only to urban areas while dacoity applies to rural areas

  4. D

    Dacoity is more serious than organised crime in terms of punishment

View answer and explanation

Correct answer: B. Dacoity focuses on a single criminal incident with five or more persons; organised crime addresses the criminal enterprise itself engaged in continuing unlawful activities

The passage states: 'Unlike dacoity which focuses on a single criminal incident, organised crime addresses the criminal enterprise itself.'

Source note: BNS 2023 Sections 308-316 / Section 111-112 BNS

Question 80HardDacoity, Robbery, and Organised Crime under BNS 2023

The availability of multiple charges (dacoity, organised crime, petty organised crime) for the same conduct allows prosecutors to:

  1. A

    Ensure maximum possible punishment in all cases

  2. B

    Choose the most appropriate charge based on available evidence and nature of criminal activity, giving flexibility in prosecution strategy

  3. C

    Avoid the need for detailed investigation

  4. D

    Ensure that all accused receive the same punishment regardless of their individual roles

View answer and explanation

Correct answer: B. Choose the most appropriate charge based on available evidence and nature of criminal activity, giving flexibility in prosecution strategy

The passage states: 'The overlap between these provisions allows prosecutors to choose the most appropriate charge based on the evidence available and the nature of the criminal activity.'

Source note: BNS 2023 Sections 308-316 / Section 111-112 BNS

Passage or principleD.K. Basu v. State of WB / Hussainara Khatoon v. State of Bihar / BNSS 2023

The constitutional framework governing criminal procedure in India has been progressively developed through Supreme Court decisions that have identified personal liberty as the most precious of fundamental rights. In Hussainara Khatoon v. State of Bihar (1979) 3 SCC 1, the Supreme Court articulated for the first time that the right to speedy trial is an integral element of the right to life and personal liberty under Article 21 of the Constitution, and that the prolonged detention of undertrial prisoners without trial amounts to a violation of this right. The Court also recognised the right to legal aid for persons who cannot afford representation, grounding it in Article 39A (Directive Principle) as interpreted through Article 21. In D.K. Basu v. State of West Bengal (AIR 1997 SC 610), the Court laid down eleven specific guidelines for the conduct of arrest and custody, including the requirement of an arrest memo attested by a witness, the production of the arrested person before a magistrate within 24 hours, medical examination of the detained person, and the right to inform a relative or friend of the arrest. These guidelines have since been incorporated into the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 47 BNSS 2023 explicitly provides that before making an arrest, the police officer must inform the person of his right to inform a nominated person of his arrest. The Bharatiya Nyaya Sanhita, 2023, through Section 218, creates a criminal offence for a public servant who fails to record an FIR in cases involving sexual offences or acid attacks, with a mandatory minimum sentence of six months rigorous imprisonment, thereby giving statutory force to the obligation to register FIRs.

Question 81EasyCriminal Law Reform: Constitutional Rights, DK Basu, and BNSS 2023

The right to speedy trial as a fundamental right under Article 21 was first articulated in:

  1. A

    D.K. Basu v. State of West Bengal

  2. B

    Hussainara Khatoon v. State of Bihar

  3. C

    Sunil Batra v. Delhi Administration

  4. D

    Bachan Singh v. State of Punjab

View answer and explanation

Correct answer: B. Hussainara Khatoon v. State of Bihar

The passage states: 'In Hussainara Khatoon v. State of Bihar (1979)...the Supreme Court articulated for the first time that the right to speedy trial is an integral element of the right to life and personal liberty under Article 21.'

Source note: D.K. Basu v. State of WB / Hussainara Khatoon v. State of Bihar / BNSS 2023

Question 82MediumCriminal Law Reform: Constitutional Rights, DK Basu, and BNSS 2023

The D.K. Basu guidelines for arrest and custody include:

  1. A

    The right to remain silent during police questioning in all circumstances

  2. B

    The requirement of an arrest memo attested by a witness, production before a magistrate within 24 hours, medical examination, and right to inform a relative of the arrest

  3. C

    The right to be represented by a lawyer before any questioning begins

  4. D

    The right of the accused to see the evidence against him before arrest

View answer and explanation

Correct answer: B. The requirement of an arrest memo attested by a witness, production before a magistrate within 24 hours, medical examination, and right to inform a relative of the arrest

The passage states: 'D.K. Basu...laid down eleven specific guidelines...including the requirement of an arrest memo...production of the arrested person before a magistrate within 24 hours, medical examination...and the right to inform a relative or friend of the arrest.'

Source note: D.K. Basu v. State of WB / Hussainara Khatoon v. State of Bihar / BNSS 2023

Question 83MediumCriminal Law Reform: Constitutional Rights, DK Basu, and BNSS 2023

Section 218 BNS 2023 creates a criminal offence for a public servant who:

  1. A

    Fails to investigate a complaint within 24 hours

  2. B

    Fails to record an FIR in cases involving sexual offences or acid attacks, with a mandatory minimum sentence of six months rigorous imprisonment

  3. C

    Accepts a bribe to register an FIR

  4. D

    Files a false FIR against an innocent person

View answer and explanation

Correct answer: B. Fails to record an FIR in cases involving sexual offences or acid attacks, with a mandatory minimum sentence of six months rigorous imprisonment

The passage states: 'Section 218 [BNS]...creates a criminal offence for a public servant who fails to record an FIR in cases involving sexual offences or acid attacks, with a mandatory minimum sentence of six months rigorous imprisonment.'

Source note: D.K. Basu v. State of WB / Hussainara Khatoon v. State of Bihar / BNSS 2023

Question 84HardCriminal Law Reform: Constitutional Rights, DK Basu, and BNSS 2023

The right to legal aid for persons who cannot afford representation was grounded by the Supreme Court in:

  1. A

    Article 22 of the Constitution (protection against arrest and detention) alone

  2. B

    Article 39A (Directive Principle) as interpreted through Article 21 (right to life and liberty)

  3. C

    The Legal Services Authorities Act 1987 which was the primary authority for this right

  4. D

    The Constitution of India Article 14 (equality before law) alone

View answer and explanation

Correct answer: B. Article 39A (Directive Principle) as interpreted through Article 21 (right to life and liberty)

The passage states: 'The Court also recognised the right to legal aid for persons who cannot afford representation, grounding it in Article 39A (Directive Principle) as interpreted through Article 21.'

Source note: D.K. Basu v. State of WB / Hussainara Khatoon v. State of Bihar / BNSS 2023

Question 85HardCriminal Law Reform: Constitutional Rights, DK Basu, and BNSS 2023

Section 47 BNSS 2023 explicitly provides for the right of an arrested person to:

  1. A

    Be informed of all charges in writing before the arrest is completed

  2. B

    Inform a nominated person of his arrest before the arrest is made

  3. C

    Have a lawyer present during all police questioning

  4. D

    Be photographed and fingerprinted only with prior Magistrate's permission

View answer and explanation

Correct answer: B. Inform a nominated person of his arrest before the arrest is made

The passage states: 'Section 47 BNSS 2023 explicitly provides that before making an arrest, the police officer must inform the person of his right to inform a nominated person of his arrest.'

Source note: D.K. Basu v. State of WB / Hussainara Khatoon v. State of Bihar / BNSS 2023

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