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Law of Crimes II (BNSS-CrPC) MCQs for CLAT PG, Page 3

CLAT PG Law of Crimes II (BNSS-CrPC) questions 51-75 of 100, with answer keys and explanations covering criminal courts, arrest, investigation, bail, charge, trial, evidence procedure, appeal, revision, and the BNSS.

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

  • Advanced Bail Doctrine5
  • Advanced FIR Doctrine5
  • Anticipatory Bail5
  • Arrest and Necessity5
  • Arrest Safeguards5
  • Bail Basics5
  • BNSS Reform Analysis5
  • BNSS Reforms5
  • Compounding and Quashing10
  • Custody and Default Bail5
  • Default Bail5
  • FIR and Lalita Kumari5
  • Investigation and Magistrate Oversight5
  • Investigation and Oversight5
  • Search and Digital Evidence5
  • Trial Fairness5
  • Trial Process5
  • Victims, Witnesses, and Legal Aid5
  • Zero FIR and Evidentiary Role of FIR5
Passage or principleLexMentor Notes - FIR and Lalita Kumari

A foundational theme in criminal procedure is the distinction between receiving information and judging its truth. When information plainly discloses a cognizable offence, the ordinary duty of the police is to register the FIR and then investigate according to law. The registration stage is not meant to become a station-level trial. This point was strongly clarified in Lalita Kumari, where the Supreme Court held that the police cannot ordinarily postpone registration merely because they suspect exaggeration or want to test veracity first. Limited preliminary inquiry may exist in certain categories, such as some matrimonial, commercial, medical negligence, corruption, or delayed-report situations, but even there the inquiry is confined to seeing whether a cognizable case is disclosed. The FIR itself is not expected to contain every detail. It is the earliest version that sets the criminal process in motion and permits investigation. Delay in reporting can matter, but it is not fatal by itself. The law examines whether the delay is explained by trauma, fear, distance, social pressure, or the practical difficulty of reaching the police.

Question 51EasyFIR and Lalita Kumari

The passage most strongly supports which proposition?

  1. A

    Police may ordinarily verify the probable truth of a cognizable complaint before registration

  2. B

    Registration is ordinarily mandatory once cognizable information is disclosed

  3. C

    Every complaint must first go to a Magistrate

  4. D

    Delay in lodging the report always defeats prosecution

View answer and explanation

Correct answer: B. Registration is ordinarily mandatory once cognizable information is disclosed

The passage repeatedly distinguishes registration from truth-testing and makes clear that cognizable information ordinarily requires immediate FIR registration.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 52MediumFIR and Lalita Kumari

According to the passage, a preliminary inquiry in limited categories is justified mainly to determine:

  1. A

    Whether the accused can be convicted

  2. B

    Whether the informant is credible in moral terms

  3. C

    Whether the information discloses a cognizable offence

  4. D

    Whether the police should close the case immediately

View answer and explanation

Correct answer: C. Whether the information discloses a cognizable offence

The passage says the inquiry has a narrow role. It is not a mini-trial but a threshold check on disclosure of a cognizable offence.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 53MediumFIR and Lalita Kumari

Which of the following is least consistent with the passage?

  1. A

    The FIR need not contain every detail

  2. B

    Registration and investigation are separate stages

  3. C

    The police may routinely postpone registration because they suspect exaggeration

  4. D

    Delay in reporting may require explanation but is not automatically fatal

View answer and explanation

Correct answer: C. The police may routinely postpone registration because they suspect exaggeration

The passage expressly rejects routine postponement of registration where the information already discloses a cognizable offence.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 54EasyFIR and Lalita Kumari

The discussion of delay in the passage suggests that delay:

  1. A

    Always proves fabrication

  2. B

    Is legally irrelevant

  3. C

    Must be examined in context rather than by mechanical presumption

  4. D

    Automatically converts the case into a civil dispute

View answer and explanation

Correct answer: C. Must be examined in context rather than by mechanical presumption

The passage explains that delay can result from trauma, fear, distance, or social pressure, so context matters.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 55MediumFIR and Lalita Kumari

The broad procedural concern underlying Lalita Kumari is to prevent:

  1. A

    Judicial review of police work

  2. B

    Informants from approaching the police

  3. C

    Station-level screening that blocks access to the criminal process

  4. D

    All forms of preliminary inquiry in every case

View answer and explanation

Correct answer: C. Station-level screening that blocks access to the criminal process

The passage frames the ruling as a response to station-level refusal and informal gatekeeping that can suppress valid complaints.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Passage or principleLexMentor Notes - Zero FIR and FIR

The concept of zero FIR reflects a simple but important procedural value. A victim or informant should not be turned away merely because the police station approached is not the one with territorial jurisdiction over the place of occurrence. In urgent cases, especially those involving sexual assault, serious violence, or the immediate need to preserve evidence, registration first and transfer later better serves access to justice. The FIR is not an encyclopaedia and therefore minor omissions or small inconsistencies in the earliest report do not necessarily destroy its credibility. At the same time, the FIR has evidentiary importance. It may be used to corroborate or contradict its maker, and it often helps the court assess spontaneity and whether the version was later improved. The law is also cautious about multiple FIRs concerning the same transaction. While counter-cases or distinct occurrences may justify separate reporting, repeated FIRs from the same side about the same incident can distort the process and generate investigative abuse.

Question 56EasyZero FIR and Evidentiary Role of FIR

The main justification for zero FIR in the passage is that it:

  1. A

    Eliminates territorial jurisdiction permanently

  2. B

    Allows urgent registration first and transfer later where territorial issues might otherwise obstruct access

  3. C

    Turns every report into substantive evidence

  4. D

    Can be used only in property disputes

View answer and explanation

Correct answer: B. Allows urgent registration first and transfer later where territorial issues might otherwise obstruct access

The passage explains that zero FIR avoids turning territorial doubt into a barrier at the threshold, especially in urgent cases.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 57EasyZero FIR and Evidentiary Role of FIR

According to the passage, the FIR is not expected to be:

  1. A

    Reduced into writing

  2. B

    The earliest version of events

  3. C

    An encyclopaedia of every future prosecution detail

  4. D

    Relevant to corroboration or contradiction

View answer and explanation

Correct answer: C. An encyclopaedia of every future prosecution detail

The passage directly says that the FIR is not an encyclopaedia and therefore minor early omissions do not automatically destroy its value.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 58MediumZero FIR and Evidentiary Role of FIR

The passage treats multiple FIRs for the same transaction with caution because:

  1. A

    The law wants to prevent distortion and duplication in investigation

  2. B

    The law prohibits all counter-cases

  3. C

    Only one person can ever report any offence

  4. D

    They automatically nullify the first FIR

View answer and explanation

Correct answer: A. The law wants to prevent distortion and duplication in investigation

The passage notes that repeated FIRs by the same side about the same incident can create abuse and distortion, though counter-cases may stand on a different footing.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 59EasyZero FIR and Evidentiary Role of FIR

Which proposition best matches the evidentiary use of the FIR described in the passage?

  1. A

    The FIR is substantive proof of every fact stated in it

  2. B

    The FIR may help corroborate or contradict its maker

  3. C

    The FIR can never be referred to at trial

  4. D

    The FIR itself decides guilt

View answer and explanation

Correct answer: B. The FIR may help corroborate or contradict its maker

The passage identifies corroboration and contradiction as the central evidentiary uses of the FIR.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 60MediumZero FIR and Evidentiary Role of FIR

Minor inconsistencies in the FIR are legally significant only when they:

  1. A

    Exist at all

  2. B

    Concern material aspects in a way that undermines reliability

  3. C

    Appear after sunset

  4. D

    Are typed instead of handwritten

View answer and explanation

Correct answer: B. Concern material aspects in a way that undermines reliability

The passage distinguishes between natural imperfections in an early report and material contradictions that actually affect credibility.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Passage or principleLexMentor Notes - Arrest and Rights of the Accused

Arrest is one of the most coercive steps in the criminal process, which is why constitutional and statutory safeguards matter so much. D.K. Basu emphasised transparency through arrest memo requirements, communication to a friend or relative, medical examination, and other protections against secret or abusive detention. Later jurisprudence, especially Arnesh Kumar, warned against routine arrests in cases where the statute itself expects more careful judgment. The law's concern is not simply whether the police possess power to arrest, but whether the power is exercised with necessity, proportionality, and accountability. The accused must know the grounds of arrest and must be produced before a Magistrate within the legally prescribed time. Access to legal counsel and the ability of family members to know where the arrested person is being held are part of the architecture that prevents disappearance inside the system. Criminal procedure does not assume that accusation equals guilt. It assumes the opposite and therefore insists that coercive power be justified, documented, and reviewable.

Question 61EasyArrest Safeguards

The passage suggests that arrest in criminal procedure should be understood primarily as:

  1. A

    A routine punishment before conviction

  2. B

    A coercive step that requires justification, documentation, and review

  3. C

    A matter beyond constitutional concern

  4. D

    A formality without legal consequences

View answer and explanation

Correct answer: B. A coercive step that requires justification, documentation, and review

The passage repeatedly emphasises necessity, proportionality, documentation, and reviewability. That is the opposite of a routine punitive model.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 62EasyArrest Safeguards

D.K. Basu is used in the passage mainly to illustrate the need for:

  1. A

    Speedy conviction

  2. B

    Guidelines that reduce the risk of secret or abusive detention

  3. C

    Automatic denial of bail

  4. D

    Expanded police immunity

View answer and explanation

Correct answer: B. Guidelines that reduce the risk of secret or abusive detention

The passage links D.K. Basu to arrest memo requirements, communication to relatives, and other transparency-based safeguards.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 63MediumArrest Safeguards

Arnesh Kumar is mentioned in the passage primarily to stress that:

  1. A

    Every arrest requires a warrant

  2. B

    Routine arrest is inconsistent with the statutory expectation of judgment and restraint

  3. C

    No one can ever be arrested before trial

  4. D

    Police cannot investigate family disputes

View answer and explanation

Correct answer: B. Routine arrest is inconsistent with the statutory expectation of judgment and restraint

The passage describes Arnesh Kumar as a warning against reflexive arrest and in favour of more careful justification.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 64EasyArrest Safeguards

The requirement that an arrested person be informed of the grounds of arrest matters because it helps make possible:

  1. A

    Only media debate

  2. B

    The exercise of legal remedies such as bail and challenge to detention

  3. C

    Automatic quashing of the FIR

  4. D

    Only the final appeal

View answer and explanation

Correct answer: B. The exercise of legal remedies such as bail and challenge to detention

The passage explains that one cannot meaningfully challenge or respond to arrest if the basis of custody is concealed.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 65MediumArrest Safeguards

The strongest theme running through the passage is that criminal procedure:

  1. A

    Assumes accusation equals guilt

  2. B

    Accepts unchecked police power as efficient

  3. C

    Treats liberty as important even before guilt is adjudicated

  4. D

    Rejects all forms of arrest

View answer and explanation

Correct answer: C. Treats liberty as important even before guilt is adjudicated

The passage explicitly says that criminal procedure assumes the opposite of guilt and therefore insists on reviewable, justified coercion.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Passage or principleLexMentor Notes - Investigation and Magistrate-Ordered Investigation

Investigation and judicial oversight are related but distinct parts of criminal process. Police investigation ordinarily proceeds once cognizable information is registered, but the Magistrate retains a supervisory role at certain points. A classic example is the pre-cognizance power analogous to the Section 156(3) CrPC route, through which a Magistrate may direct the police to investigate where a complainant alleges inaction. This is different from the post-cognizance complaint framework, where the Magistrate may examine the complainant and, if necessary, postpone process while seeking a limited inquiry. Priyanka Srivastava cautioned against casual invocation of the investigation-directing route and insisted on seriousness and responsibility. At the investigative level, police statements are tools of inquiry, not substantive substitutes for trial evidence. Case diaries help document investigative steps, while the final police report places the agency's conclusion before the court. Yet the court is not bound mechanically by that conclusion. It may accept the report, reject it, seek further steps, or consider a protest raised by the complainant.

Question 66EasyInvestigation and Magistrate Oversight

The passage distinguishes investigation and judicial oversight mainly by explaining that:

  1. A

    Investigation is ordinarily executive while the court retains defined supervisory roles

  2. B

    Courts conduct all investigations directly

  3. C

    Police can never be corrected by courts

  4. D

    Magistrates must write the charge-sheet

View answer and explanation

Correct answer: A. Investigation is ordinarily executive while the court retains defined supervisory roles

The passage preserves the division of functions while recognising that courts have important corrective and supervisory powers at specific stages.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 67HardInvestigation and Magistrate Oversight

A pre-cognizance order directing police investigation differs from the post-cognizance complaint framework because:

  1. A

    They arise at different procedural stages and serve different functions

  2. B

    They are identical in stage and effect

  3. C

    Only the second allows judicial application of mind

  4. D

    Neither has anything to do with the Magistrate

View answer and explanation

Correct answer: A. They arise at different procedural stages and serve different functions

The passage stresses precisely this distinction and warns against blurring the two routes.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 68MediumInvestigation and Magistrate Oversight

Priyanka Srivastava is invoked in the passage to support:

  1. A

    Casual use of Magistrate-directed investigation applications

  2. B

    A more responsible and abuse-sensitive approach to such applications

  3. C

    Abolition of complaint cases

  4. D

    Automatic police closure of complaints

View answer and explanation

Correct answer: B. A more responsible and abuse-sensitive approach to such applications

The passage connects Priyanka Srivastava with seriousness, responsibility, and caution against vindictive or careless invocation of the route.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 69EasyInvestigation and Magistrate Oversight

The limited use of police statements in evidence law matters because it shows that such statements:

  1. A

    Replace trial testimony

  2. B

    Are investigative tools whose evidentiary role remains restricted

  3. C

    Bind the court to convict

  4. D

    Cannot be recorded at all

View answer and explanation

Correct answer: B. Are investigative tools whose evidentiary role remains restricted

The passage notes that police statements assist investigation but are not substantive substitutes for trial evidence.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 70MediumInvestigation and Magistrate Oversight

The passage presents the closure report as:

  1. A

    Automatically conclusive upon filing

  2. B

    Subject to judicial response, including acceptance, rejection, or further procedural steps

  3. C

    Equivalent to acquittal

  4. D

    Irrelevant to the complainant

View answer and explanation

Correct answer: B. Subject to judicial response, including acceptance, rejection, or further procedural steps

The passage makes clear that the court retains options and need not mechanically accept the investigating agency's conclusion.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Passage or principleLexMentor Notes - Bail

Bail doctrine expresses the tension between liberty and the need to ensure that criminal proceedings remain effective. In bailable offences, release is ordinarily treated as a right subject to the statutory framework. In non-bailable offences, courts use structured discretion, considering the seriousness of the accusation, possibility of absconding, likelihood of tampering with evidence, danger to witnesses, and the general fairness of continued detention. The phrase 'bail is the rule and jail is the exception' captures a constitutional instinct rather than a mathematical formula. Satender Kumar Antil renewed attention to the idea that routine incarceration and automatic arrest are inconsistent with a fair criminal process. Bail conditions must therefore serve legitimate ends such as securing attendance or preventing misuse of liberty. They should not become disguised punishment. Cancellation of bail is also different from refusal of bail. Once liberty has been granted, the court ordinarily looks for supervening misuse, intimidation, absconding, or a similarly weighty reason before taking that liberty away.

Question 71EasyBail Basics

The phrase 'bail is the rule and jail is the exception' in the passage is used to describe:

  1. A

    A rigid formula requiring release in every case

  2. B

    A constitutional orientation favouring liberty over routine pre-trial detention

  3. C

    A rule applicable only after conviction

  4. D

    An administrative circular without legal value

View answer and explanation

Correct answer: B. A constitutional orientation favouring liberty over routine pre-trial detention

The passage treats the phrase as a constitutional instinct, not an absolute formula. It expresses a preference against routine incarceration.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 72EasyBail Basics

In bailable offences, release is described as:

  1. A

    Wholly discretionary

  2. B

    Ordinarily a legal right subject to statutory conditions

  3. C

    Available only after filing of charge-sheet

  4. D

    Dependent on the complainant's approval

View answer and explanation

Correct answer: B. Ordinarily a legal right subject to statutory conditions

The passage contrasts the bailable category with the discretionary structure that governs non-bailable offences.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 73EasyBail Basics

Which of the following is identified in the passage as a relevant factor in non-bailable bail decisions?

  1. A

    Whether the accused wears formal clothes

  2. B

    Possibility of absconding or tampering with evidence

  3. C

    Whether the FIR was typed on a computer

  4. D

    Whether the complainant has legal training

View answer and explanation

Correct answer: B. Possibility of absconding or tampering with evidence

The passage lists flight risk, tampering, witness danger, seriousness, and fairness concerns as relevant considerations.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 74MediumBail Basics

The passage distinguishes cancellation of bail from refusal of bail by suggesting that cancellation usually requires:

  1. A

    No reason once release has been granted

  2. B

    Supervening misuse or a similarly weighty reason

  3. C

    Only that the offence is serious

  4. D

    A change of investigating officer

View answer and explanation

Correct answer: B. Supervening misuse or a similarly weighty reason

Once liberty has been granted, the court ordinarily asks for a stronger reason before taking it away.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

Question 75MediumBail Basics

The passage treats bail conditions as legitimate when they are:

  1. A

    Punitive and impossible to satisfy

  2. B

    Connected to attendance and non-interference with the process

  3. C

    Designed to secure confession

  4. D

    More severe than the likely sentence

View answer and explanation

Correct answer: B. Connected to attendance and non-interference with the process

Bail conditions are described as process-protecting, not pre-conviction punishment.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC)

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