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Law of Crimes II (BNSS-CrPC) MCQs for CLAT PG, Page 4

CLAT PG Law of Crimes II (BNSS-CrPC) questions 76-100 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 - Anticipatory Bail

Anticipatory bail exists because arrest can itself become a tool of pressure, humiliation, or bargaining before guilt is ever proved. Gurbaksh Singh Sibbia remains the leading authority for the proposition that courts should not confine the remedy through rigid restrictions not found in the statute. The remedy does not declare the accused innocent, nor does it stop investigation. It simply regulates arrest by protecting the applicant from unnecessary custody, usually on conditions of cooperation. Later decisions such as Sushila Aggarwal rejected a blanket rule that anticipatory bail must always be time-limited. The seriousness of accusation is relevant, but seriousness alone does not answer the question. Courts also examine whether custodial interrogation is truly necessary, whether the dispute appears to have been criminalised for pressure, and whether the accused is likely to misuse liberty if protected. Like ordinary bail, anticipatory bail may be cancelled if its conditions are breached or if the accused uses protection to obstruct justice.

Question 76EasyAnticipatory Bail

The passage justifies anticipatory bail mainly on the ground that:

  1. A

    Arrest is always unlawful

  2. B

    Pre-arrest protection may be necessary against misuse of arrest before guilt is proven

  3. C

    Investigation should be stopped in every case

  4. D

    Courts must never impose conditions

View answer and explanation

Correct answer: B. Pre-arrest protection may be necessary against misuse of arrest before guilt is proven

The passage presents anticipatory bail as a liberty-preserving device against needless or abusive arrest, not as a ban on investigation.

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

Question 77MediumAnticipatory Bail

Gurbaksh Singh Sibbia is used in the passage to support:

  1. A

    Rigid extra-statutory limitations on anticipatory bail

  2. B

    A flexible, case-sensitive approach faithful to the statute

  3. C

    Complete abolition of judicial discretion

  4. D

    Automatic grant in every serious case

View answer and explanation

Correct answer: B. A flexible, case-sensitive approach faithful to the statute

The passage says Sibbia rejects rigid limitations not found in the statute.

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

Question 78EasyAnticipatory Bail

According to the passage, anticipatory bail does not:

  1. A

    Regulate the arrest dimension of the process

  2. B

    Allow conditions of cooperation

  3. C

    Amount to a declaration of innocence

  4. D

    Leave scope for investigation

View answer and explanation

Correct answer: C. Amount to a declaration of innocence

The passage is explicit that anticipatory bail is not a merits determination and does not decide innocence.

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

Question 79MediumAnticipatory Bail

Sushila Aggarwal is connected in the passage with the idea that anticipatory bail:

  1. A

    Must always expire after a short fixed period

  2. B

    Need not be mechanically time-limited in every case

  3. C

    Can never be cancelled

  4. D

    Applies only to economic offences

View answer and explanation

Correct answer: B. Need not be mechanically time-limited in every case

The passage notes that the decision rejected a blanket rule of automatic short-duration anticipatory bail.

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

Question 80MediumAnticipatory Bail

The passage regards seriousness of accusation as:

  1. A

    Legally irrelevant

  2. B

    Important but not by itself conclusive

  3. C

    Automatically decisive in every case

  4. D

    A substitute for analysis of custodial need

View answer and explanation

Correct answer: B. Important but not by itself conclusive

The passage says seriousness is relevant but must be considered alongside need for custody, misuse risk, and other facts.

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

Passage or principleLexMentor Notes - Default Bail

Default bail is one of the clearest examples of criminal procedure disciplining the State. The idea is simple. If the prosecution wishes to keep a person in custody while the case is still under investigation, it must complete investigation within the statutory period. Under the familiar general scheme, this is linked to sixty or ninety days depending on the nature of the offence. If that period expires and the accused is prepared to furnish bail, the right to default bail matures by operation of law. It is not a concession based on sympathy, nor a provisional view that the prosecution case is weak. It is a procedural safeguard tied to liberty. A later filing of charge-sheet cannot ordinarily defeat a right that has already matured through a timely application and readiness to furnish bail. At the same time, if the charge-sheet is filed before such an application is made, the ordinary default-bail claim may disappear. Courts therefore pay close attention to timing, completeness of the report, and continued custody.

Question 81EasyDefault Bail

The passage presents default bail as a safeguard aimed primarily at:

  1. A

    Ensuring that investigations can continue indefinitely in custody

  2. B

    Disciplining investigative delay where the accused remains in detention

  3. C

    Rewarding all accused persons equally

  4. D

    Replacing the ordinary law of bail

View answer and explanation

Correct answer: B. Disciplining investigative delay where the accused remains in detention

The passage explains that default bail restrains the State from prolonging custody without timely completion of investigation.

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

Question 82EasyDefault Bail

According to the passage, default bail matures when:

  1. A

    The accused is acquitted

  2. B

    The statutory period expires and the accused is ready to furnish bail

  3. C

    The complainant withdraws the case

  4. D

    The trial court reserves judgment

View answer and explanation

Correct answer: B. The statutory period expires and the accused is ready to furnish bail

The passage identifies expiry of the statutory time limit plus readiness to furnish bail as the key conditions.

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

Question 83MediumDefault Bail

A later filing of charge-sheet after a timely default-bail application ordinarily:

  1. A

    Always defeats the right

  2. B

    Does not ordinarily extinguish a right that has already matured

  3. C

    Converts the proceeding into anticipatory bail

  4. D

    Means the FIR was void

View answer and explanation

Correct answer: B. Does not ordinarily extinguish a right that has already matured

The passage emphasises that timing matters. A matured right cannot usually be neutralised by a later filing.

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

Question 84EasyDefault Bail

The passage contrasts default bail with ordinary merits bail by explaining that default bail is:

  1. A

    A sympathy-based release

  2. B

    A procedural entitlement rather than an evaluation of evidentiary strength

  3. C

    Available only in petty offences

  4. D

    Grounded in final acquittal

View answer and explanation

Correct answer: B. A procedural entitlement rather than an evaluation of evidentiary strength

The passage repeatedly notes that default bail does not ask whether the prosecution case is strong, but whether the statutory time discipline has been broken.

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

Question 85MediumDefault Bail

Which factor is treated as central in the passage's explanation of default bail?

  1. A

    Whether the accused has a popular lawyer

  2. B

    Timing of custody, filing, and readiness to furnish bail

  3. C

    Whether the accused is socially influential

  4. D

    Whether the trial judge has been transferred

View answer and explanation

Correct answer: B. Timing of custody, filing, and readiness to furnish bail

The passage presents default bail as a timing-sensitive right tied to continued custody and the prosecution's failure to complete investigation in time.

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

Passage or principleLexMentor Notes - Inherent Powers and Compounding

Compounding and quashing on settlement are related but not identical ideas. Compounding operates through the statutory list and structure. It allows certain offences to be settled by the person competent to compound, sometimes with court permission, and the legal effect is that proceedings end in the manner recognised by the code. Quashing under the inherent powers of the High Court is different. It is broader in source but narrower in spirit, because it is extraordinary. The High Court uses it to prevent abuse of process or to secure the ends of justice. Decisions such as Gian Singh and Narinder Singh show that settlement may justify quashing even where the offence is not formally compoundable, but only in carefully evaluated categories. The court looks at whether the dispute is essentially private, whether the compromise is genuine and voluntary, whether the offence is serious or socially harmful, and whether quashing would undermine public confidence in the justice system. Heinous offences and offences with deep social impact remain difficult territory for settlement-based relief.

Question 86MediumCompounding and Quashing

The passage distinguishes compounding from quashing by explaining that compounding:

  1. A

    Is a broader inherent power of the High Court

  2. B

    Operates through the statutory framework, while quashing uses inherent power in appropriate exceptional cases

  3. C

    Can be done only after conviction

  4. D

    Requires no judicial attention

View answer and explanation

Correct answer: B. Operates through the statutory framework, while quashing uses inherent power in appropriate exceptional cases

The passage draws a clear line between the code-based settlement mechanism and the broader but restrained inherent power of quashing.

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

Question 87EasyCompounding and Quashing

The central caution in settlement-based quashing is that the court must consider:

  1. A

    Only whether the parties are wealthy

  2. B

    Whether the dispute is genuinely private and whether quashing would still be consistent with public justice

  3. C

    Only whether the FIR is long

  4. D

    Only whether police oppose settlement

View answer and explanation

Correct answer: B. Whether the dispute is genuinely private and whether quashing would still be consistent with public justice

The passage emphasises both voluntariness and the public-private character of the offence.

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

Question 88MediumCompounding and Quashing

Gian Singh and Narinder Singh are used in the passage mainly to show that:

  1. A

    Every settlement must result in quashing

  2. B

    Courts adopt a structured, context-sensitive approach to settlement-based relief

  3. C

    Police may quash FIRs by themselves

  4. D

    Heinous offences are easily quashed if compromise occurs

View answer and explanation

Correct answer: B. Courts adopt a structured, context-sensitive approach to settlement-based relief

The passage presents those cases as doctrinal guides for careful classification and judicial reasoning, not automatic relief.

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

Question 89EasyCompounding and Quashing

The passage treats heinous offences with caution because such offences:

  1. A

    Are always compoundable

  2. B

    May involve a social dimension that private compromise cannot simply erase

  3. C

    Can never be prosecuted

  4. D

    Are outside the Constitution

View answer and explanation

Correct answer: B. May involve a social dimension that private compromise cannot simply erase

This is one of the core distinctions the passage draws between private disputes and offences with strong public implications.

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

Question 90EasyCompounding and Quashing

A compromise produced by pressure rather than choice would weaken the case for quashing because:

  1. A

    Voluntariness is central to settlement-based judicial relief

  2. B

    Courts prefer coercion in criminal law

  3. C

    The prosecution then becomes civil

  4. D

    It automatically proves innocence

View answer and explanation

Correct answer: A. Voluntariness is central to settlement-based judicial relief

The passage states that the court must be satisfied that settlement is genuine and not the product of intimidation or manipulation.

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

Passage or principleLexMentor Notes - Trial Process

The trial stage is not a ritual continuation of the FIR. It is the point at which accusation is tested against legal standards of proof. That is why the procedural distinctions between discharge, framing of charge, summons cases, warrant cases, and sessions cases matter so much. Discharge occurs when the court finds insufficient ground to proceed under the applicable threshold. Framing of charge does not require proof beyond reasonable doubt; it requires only sufficient basis to call upon the accused to face trial. Once trial begins, supply of relied-on documents, opportunity for cross-examination, and the court's duty to question the accused on incriminating circumstances all help preserve fairness. Speed also matters. Delay can distort memory, weaken institutional legitimacy, and itself become a form of injustice. A fair trial is therefore not simply a trial that follows the right formal steps. It is one that remains intelligible, reasoned, participatory, and disciplined by standards of proof.

Question 91EasyTrial Process

The passage distinguishes discharge from acquittal on the basis that discharge:

  1. A

    Follows final appreciation of trial evidence

  2. B

    Occurs earlier, when the court finds insufficient ground to proceed under the applicable threshold

  3. C

    Can happen only after appeal

  4. D

    Requires consent of the complainant

View answer and explanation

Correct answer: B. Occurs earlier, when the court finds insufficient ground to proceed under the applicable threshold

The passage presents discharge as a threshold screening device, unlike acquittal which follows fuller adjudication.

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

Question 92MediumTrial Process

At the stage of framing charge, the passage suggests the court is mainly asking:

  1. A

    Whether guilt is proved beyond reasonable doubt

  2. B

    Whether there is sufficient basis to call upon the accused to stand trial

  3. C

    Whether the sentence should be imposed immediately

  4. D

    Whether the prosecution must win eventually

View answer and explanation

Correct answer: B. Whether there is sufficient basis to call upon the accused to stand trial

The passage clearly says that charge stage is a threshold inquiry, not the final adjudication of guilt.

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

Question 93EasyTrial Process

The role of document supply, cross-examination, and questioning of the accused in the passage is to support:

  1. A

    A fair and intelligible adversarial process

  2. B

    Automatic conviction

  3. C

    Judicial secrecy

  4. D

    Police control of trial

View answer and explanation

Correct answer: A. A fair and intelligible adversarial process

These features are presented as procedural expressions of fairness and the right to meet the case against oneself.

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

Question 94MediumTrial Process

The discussion of delay in the passage treats delay as:

  1. A

    Purely a question of court administration with no rights dimension

  2. B

    Potentially a form of injustice that harms both legitimacy and reliability

  3. C

    A reason to dispense with trial

  4. D

    Always favourable to the defence

View answer and explanation

Correct answer: B. Potentially a form of injustice that harms both legitimacy and reliability

The passage describes delay as something that can distort memory, extend stigma, and weaken confidence in adjudication.

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

Question 95EasyTrial Process

The passage's broad conception of trial is that trial is the stage at which:

  1. A

    The FIR becomes conclusive

  2. B

    Accusation is tested through reasoned and evidence-based adjudication

  3. C

    Police suspicion is converted automatically into guilt

  4. D

    Only the complainant is heard

View answer and explanation

Correct answer: B. Accusation is tested through reasoned and evidence-based adjudication

This is the central conceptual statement of the passage. Trial is the point at which accusation is measured against proof.

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

Passage or principleLexMentor Notes - BNSS Reforms

The shift from the Code of Criminal Procedure to the Bharatiya Nagarik Suraksha Sanhita has generated both optimism and caution. Supporters emphasise digitalisation, recognition of electronic communication, stronger use of audio-video processes, and a more evidence-oriented procedural structure. Critics respond that text alone cannot reform a system if ground-level police practice, prosecutorial culture, judicial capacity, and prison administration remain unchanged. A code may promise speed and modernisation, but fairness still depends on how arrests are made, how remand is handled, how evidence is preserved, and how accessible legal aid remains. The growing importance of electronic records and forensic methods does not displace constitutional safeguards. If anything, it deepens the need for clear chain of custody, privacy-sensitive handling of data, and reasoned judicial supervision. Modern criminal procedure therefore has to be judged on two levels at once: what the statutory text promises and what institutions actually do with that promise in the daily life of the system.

Question 96MediumBNSS Reforms

The passage's overall attitude to BNSS reform is best described as:

  1. A

    Unqualified celebration

  2. B

    Total rejection

  3. C

    Conditional evaluation that asks both what the text promises and how institutions implement it

  4. D

    Indifference to procedural change

View answer and explanation

Correct answer: C. Conditional evaluation that asks both what the text promises and how institutions implement it

The passage expressly says criminal procedure must be judged on two levels: text and institutional practice.

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

Question 97EasyBNSS Reforms

A major claimed benefit of BNSS-style procedural reform in the passage is:

  1. A

    Complete abolition of judicial oversight

  2. B

    Greater digitalisation and more structured use of electronic processes

  3. C

    Elimination of evidence law

  4. D

    Replacement of all witness testimony by police reports

View answer and explanation

Correct answer: B. Greater digitalisation and more structured use of electronic processes

The passage lists digitalisation, electronic communication, and audio-video processes as part of the reform narrative.

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

Question 98EasyBNSS Reforms

The passage's warning about reform on paper is that:

  1. A

    Textual change alone may not alter police, prosecutorial, or prison practice

  2. B

    No criminal code should ever be amended

  3. C

    Digital records are always unconstitutional

  4. D

    Training has no role in criminal justice

View answer and explanation

Correct answer: A. Textual change alone may not alter police, prosecutorial, or prison practice

The passage repeatedly warns against mistaking legislative design for actual transformation on the ground.

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

Question 99MediumBNSS Reforms

The continued relevance of constitutional safeguards in a digital criminal process is stressed in the passage because:

  1. A

    Technology automatically removes liberty concerns

  2. B

    Efficiency cannot displace privacy, fairness, and reasoned supervision

  3. C

    Electronic records are outside judicial review

  4. D

    Only paper files are legal

View answer and explanation

Correct answer: B. Efficiency cannot displace privacy, fairness, and reasoned supervision

The passage makes clear that digitalisation changes form, not the need for constitutional discipline.

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

Question 100MediumBNSS Reforms

The best synthesis of the passage is that modern criminal procedure must combine:

  1. A

    Speed alone

  2. B

    Coercion alone

  3. C

    Institutional efficiency with rights-sensitive, accountable implementation

  4. D

    Settlement of all cases outside court

View answer and explanation

Correct answer: C. Institutional efficiency with rights-sensitive, accountable implementation

The passage does not reject efficiency. It insists that efficiency becomes valuable only when combined with fairness, accountability, and disciplined use of State power.

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

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