Law of Crimes II (BNSS-CrPC) MCQs for Judiciary, Page 10

Correct answer: B. When there are reasonable grounds for believing the accused has committed an offence punishable with death or life imprisonment, unless the accused is a woman, minor, sick or infirm person; or where releasing would jeopardise investigation or justice

Section 480 BNSS 2023 provides that in non-bailable offences, bail is discretionary. The court shall not grant bail where there are reasonable grounds to believe the person committed an offence punishable with death or life imprisonment, unless the accused is a woman, or a person who is under 16 years, sick, or infirm. Even for serious offences, if the accused is a woman or person under 16 bail must generally be granted. The court must consider the nature of accusation, severity of punishment, likelihood of fleeing, previous conviction, and potential danger to witnesses.

Source note: Section 480, BNSS 2023

Correct answer: B. A first-time offender who has served half the maximum period of imprisonment for the offence can be released on bail by the court; this addresses the crisis of undertrial prisoners languishing in jail and operationalises Article 21

Section 479 proviso BNSS 2023 is a major new provision: an undertrial prisoner who is a first-time offender (no previous conviction) and who has served half the maximum period of imprisonment for the alleged offence shall be released on bail by the court. This addresses the Supreme Court's concern in Hussainara Khatoon about undertrial prisoners spending more time in custody than the maximum sentence. This provision operationalises Article 21's guarantee of speedy trial and prevents punitive pre-conviction imprisonment.

Source note: Section 479 proviso, BNSS 2023

Correct answer: B. The Sessions Court or High Court; the court may, if it thinks fit, direct that in the event of arrest, the person shall be released on bail.

Section 482 BNSS 2023 retains the basic CrPC Section 438 framework for anticipatory bail: it can be sought from the Sessions Court or the High Court. The court may direct that the person shall be released on bail if arrested. The BNSS emphasises that the court must hear the Public Prosecutor and the police officer before deciding the application, unless the hearing causes undue delay. An anticipatory bail can be limited in time or subject to conditions. The Supreme Court has held that anticipatory bail is a valuable safeguard against false implication.

Source note: Section 482, BNSS 2023

Correct answer: B. The person shall make himself available for interrogation by the police when required; shall not leave India without prior permission of the court.

Section 482(2) BNSS 2023 provides that when granting anticipatory bail the court may include conditions as it thinks fit, including: (i) that the person shall make himself available for interrogation by a police officer when required; (ii) that the person shall not leave India without prior permission of the court; (iii) that the person shall surrender his passport to the court; (iv) that the person shall not tamper with evidence or attempt to influence witnesses. These conditions balance the protection against false arrest with the legitimate needs of investigation.

Source note: Section 482(2), BNSS 2023

Correct answer: B. The accused misuses bail by committing further offences, absconds, violates bail conditions, tampers with evidence, or intimidates witnesses; the court may arrest and detain the accused

Section 483 BNSS 2023 provides that bail can be cancelled when the accused: absconds; misuses bail by committing further offences; violates conditions of bail; attempts to influence witnesses or tamper with evidence; or creates other circumstances making it necessary to cancel bail. The court (Sessions Court or High Court under Section 484) can exercise the power of cancellation. The test is not merely technical violation but whether continued bail poses a risk to the administration of justice or to public safety.

Source note: Section 483, BNSS 2023

Correct answer: B. Receipt of a complaint, police report, or information from any person other than police, or upon his own knowledge; these are the three modes of taking cognizance

Section 210 BNSS 2023 retains the three modes of taking cognizance available under Section 190 CrPC: (a) upon receiving a complaint; (b) upon receiving a police report (charge sheet); (c) upon receiving information from any person other than a police officer, or upon the Magistrate's own knowledge. Taking cognizance is the threshold act by which the Magistrate formally assumes jurisdiction over the offence and sets the criminal law in motion. A Magistrate who takes cognizance without being competent to do so exceeds jurisdiction.

Source note: Section 210, BNSS 2023

Correct answer: B. The specific offence with which the accused is charged; the section of the law under which it is punishable.

Section 218 BNSS 2023 provides that every charge must contain: the specific offence with which the accused is charged; the section of the law; and particulars of the time, place, and person against whom the offence was committed (where required by the nature of the offence). The charge must be written in the language of the court and every charge must be read and explained to the accused. A defect in the charge can be cured under Section 239 BNSS if no prejudice is caused; prejudicial defects may lead to setting aside the conviction.

Source note: Section 218, BNSS 2023

Correct answer: B. Be called upon to plead guilty or not guilty; if pleading guilty, the Sessions Judge may convict at his discretion.

Section 232 BNSS 2023 provides for the framing of charge in Sessions trials. After examining the record and hearing both sides, if the Sessions Judge considers there is sufficient ground for proceeding, he frames a charge. The accused then pleads to the charge. If the accused pleads guilty, the judge records it and may convict (conviction is discretionary, not automatic). If the accused pleads not guilty or refuses to plead, the trial proceeds with the prosecution leading evidence on the date fixed. This is the cornerstone of the adversarial trial process.

Source note: Section 232, BNSS 2023

Correct answer: B. Upon considering the police report, documents, and statements, and after hearing the prosecution and accused, the Magistrate finds the charges to be groundless; discharge is a specific finding that there is no sufficient ground to proceed against the accused

Section 242 BNSS 2023 provides for discharge in warrant cases based on police report. After receiving the police report and documents and hearing both sides, if the Magistrate considers the charge against the accused to be groundless, the Magistrate shall discharge the accused and record reasons. Discharge is a significant pre-trial protection: it prevents frivolous prosecution from proceeding to trial. The test is whether the uncontroverted material on record could support a conviction; if not, discharge must follow. This is distinct from acquittal which follows trial on merits.

Source note: Section 242, BNSS 2023

Correct answer: B. Where the accused absconds or avoids service of summons after being charged, the court may proceed with trial in absentia; a proclamation must first be issued.

Section 392 BNSS 2023 is a major new provision with no equivalent in the CrPC 1973. It allows a criminal court to proceed with trial in absentia when: (a) the accused has absconded or avoids service of summons; (b) there is no likelihood of arrest in reasonable time; (c) a proclamation has been issued; (d) the offence is serious. The court must appoint an advocate at State expense to defend the accused. The resultant conviction is valid and binding on the accused when apprehended. This provision addresses the systemic problem of accused persons deliberately evading trial.

Source note: Section 392, BNSS 2023

Correct answer: B. Record in writing the grounds for the belief that necessitates the search, conduct the search in the presence of at least two independent witnesses, and prepare a list of seized articles; audio-video recording of the search is now required under BNSS

Section 185 BNSS 2023 retains the CrPC Section 165 framework but adds the important new requirement of audio-video recording of the search. The police officer must: (a) record reasons for the search in writing; (b) conduct it in presence of independent witnesses (panchas); (c) prepare a seizure list; and (d) under the BNSS, record the search and seizure proceedings through audio-video means. This audio-video requirement creates an objective contemporaneous record preventing allegations of planting of evidence or false panchnamas, which were common concerns under the CrPC regime.

Source note: Section 185, BNSS 2023

Correct answer: B. The person must be searched by a person of the same gender; a woman shall be searched only by a female officer.

Section 186 BNSS 2023 provides important protections in personal searches. Searches of women must be conducted by female officers in the presence of other female officers. A person must not be subjected to more restraint than necessary for the purpose of the search. Every person arrested is liable to be searched; a person other than a police officer may be asked to be present during the search. These provisions implement the dignity-of-person principle in Article 21 and protect against humiliating or invasive search procedures.

Source note: Section 186, BNSS 2023

Correct answer: B. The court has reason to believe that a person will not produce documents or items required by summons; where the documents or items may be removed or destroyed.

Section 100 BNSS 2023 retains the CrPC provisions on search warrants. A Magistrate can issue a search warrant where: (a) the court has reason to believe that a person summoned to produce a document will not produce it; (b) the document cannot be identified otherwise; (c) general interest of justice requires search. The warrant specifies the place to be searched and may be general (for all documents) or specific (for particular items). Under the BNSS the search pursuant to warrant may also be recorded through audio-video means consistent with the BNSS's general emphasis on electronic recording.

Source note: Section 100, BNSS 2023

Correct answer: B. Imprisonment not exceeding 7 years and any lawful sentence of fine combined; for serious offences beyond this limit the case must be committed to the Sessions Court

Section 23 BNSS 2023 retains the sentencing limits of Magistrates from the CrPC. The Chief Judicial Magistrate can pass a sentence of imprisonment not exceeding 7 years and any lawful sentence of fine. First Class Magistrates can pass sentences up to 3 years and fine. Second Class Magistrates can pass sentences up to 1 year and fine. Where the offence is punishable with a sentence exceeding 7 years the trial must be before the Sessions Court. This distribution of sentencing jurisdiction ensures that serious offences are tried by courts with appropriate powers.

Source note: Section 23, BNSS 2023

Correct answer: B. Before passing sentence the court shall give the victim an opportunity to make a statement on the impact of the crime and the appropriate sentence; this victim impact statement provision is new in BNSS and has no equivalent in CrPC

Section 303 BNSS 2023 introduces the Victim Impact Statement as a new concept in Indian criminal procedure. Before passing sentence the court shall give the victim (or victim's representative) an opportunity to state the impact of the offence on them and their views on appropriate sentencing. This provision reflects the BNSS's victim-centric philosophy and aligns with international best practices on restorative justice. The court is not bound by the victim's views but must consider them. This is a significant departure from the CrPC where victims had no formal role in the sentencing process.

Source note: Section 303, BNSS 2023

Correct answer: B. Settlement of criminal proceedings by an agreement between the offender and victim to compound (forgive) the offence; certain offences are compoundable as of right by the parties.

Section 359 BNSS 2023 retains the compounding framework from Section 320 CrPC. Compounding allows the parties to settle criminal proceedings: the person against whom an offence is committed can compound (agree to forgive) the offence with the offender. Some offences are compoundable with or without court permission. A composition has the same effect as an acquittal under Section 359(5). Not all offences are compoundable: serious offences against the state, public peace, and vulnerable persons are generally not compoundable. The Supreme Court in State of MP v. Deepak (2014) laid down guidance on exercise of the compounding power.

Source note: Section 359, BNSS 2023

Correct answer: B. The fine amount imposed on the convicted person; or where fine is not imposed the court may order the accused to pay compensation to the victim for loss or injury from the offence.

Section 395 BNSS 2023 retains and strengthens the Section 357 CrPC victim compensation provision. The court may direct the whole or part of the fine to be paid as compensation to the victim. Where no fine is imposed the court may still order the accused to pay compensation for loss or injury suffered. The BNSS adds that courts should give reasons when not awarding compensation, making compensation the default expectation. Additionally Section 396 BNSS (corresponding to Section 357A CrPC) provides for a victim compensation scheme to be run by State Governments for cases where the offender is acquitted or cannot pay.

Source note: Section 395, BNSS 2023

Correct answer: B. Are preserved; the High Court may make such orders as may be necessary to give effect to any order under the Code, to prevent abuse of process of any court, or otherwise to secure the ends of justice; these powers are invoked to quash FIRs, proceedings, and criminal complaints

Section 528 BNSS 2023 retains the full scope of the High Court's inherent powers from Section 482 CrPC. The High Court may pass orders to: (a) give effect to any order under the BNSS; (b) prevent abuse of process of any court; (c) secure the ends of justice. These inherent powers are routinely exercised to quash FIRs where the ingredients of the offence are not made out, to quash proceedings that are vexatious or initiated with oblique motive, and to grant bail in extraordinary circumstances. The Supreme Court in State of Haryana v. Bhajan Lal (1992) laid down categories where FIRs may be quashed under inherent powers.

Source note: Section 528, BNSS 2023; State of Haryana v. Bhajan Lal (1992)

Correct answer: B. Call for and examine records of any inferior criminal court proceedings to satisfy itself about the correctness, legality, or propriety of any finding, sentence, or order; revision does not allow substituting the revisional court's findings on facts for those of the trial court

Section 452 BNSS 2023 retains the revisional jurisdiction framework from Section 397 CrPC. The High Court or Sessions Court may call for records to examine correctness, legality, or propriety of findings, sentences, or orders. However, revision is not an appeal: the court exercises supervisory rather than appellate jurisdiction. Revision cannot be used to re-examine facts or substitute factual findings; it addresses jurisdictional errors, legal errors, and manifest injustice. An additional bar under Section 453 BNSS is that revision is not available where an appeal lies.

Source note: Section 452, BNSS 2023

Correct answer: B. Search and seizure operations, confessions recorded under Section 183 (statements to police), examination of accused, and forensic examination procedures may all be recorded through audio-video means under various BNSS provisions

The BNSS 2023 introduced audio-video recording requirements at multiple stages of criminal investigation that were not present in the CrPC 1973: (a) Section 183 allows recording statements through audio-video means; (b) Section 185 requires audio-video recording of searches; (c) Section 53 allows audio-video recording of forensic examination; (d) confession recording can be done by audio-video. This pervasive audio-video recording is the BNSS's most significant technological innovation, creating contemporaneous objective records and preventing disputes about what occurred during investigation.

Source note: Multiple sections, BNSS 2023

Correct answer: B. Electronic means including email, WhatsApp, and other digital communication methods; service by electronic means is deemed valid service.

The BNSS 2023 allows service of summons and warrants through electronic means, a significant departure from the CrPC 1973 which required physical service. Service through email, WhatsApp, or other government-approved electronic platforms is considered valid service under the BNSS. This change addresses the practical challenge of locating parties for physical service and speeds up the criminal justice process. The provision reflects the BNSS's philosophy that criminal procedure must be compatible with modern communication methods.

Source note: BNSS 2023, summons provisions

Correct answer: B. All proceedings including examination of accused, recording of evidence, examination of witnesses through audio-video means, and pronouncement of orders can be conducted digitally; courts can adopt technology consistently with the right of fair hearing

Section 530 BNSS 2023 enables the complete digitisation of criminal proceedings. All trials, inquiries, and proceedings including recording of evidence, examination of witnesses, examination of accused, and pronouncement of judgments may be conducted in electronic mode. This section is a comprehensive provision going beyond what the CrPC allowed. It implements the e-Courts framework at the criminal procedure level and enables virtual proceedings, reducing costs for parties and enabling access to justice for those unable to physically attend court.

Source note: Section 530, BNSS 2023

Correct answer: B. Mandatory; forensic experts must visit the crime scene to collect evidence.

The BNSS 2023 introduced a mandatory forensic investigation requirement for all offences punishable with 7 years or more. A forensic expert must visit the crime scene, collect evidence, and create a forensic report. If the state does not have sufficient forensic capacity it must use central or other state facilities. This provision is entirely new and represents the BNSS's emphasis on scientific investigation over confession-based investigation. The mandatory forensic investigation is expected to significantly improve conviction rates by strengthening evidentiary foundations.

Source note: BNSS 2023, forensic investigation provisions

Correct answer: B. 45 days from the conclusion of arguments; if not possible within 45 days, within 90 days (with written reasons for delay).

Section 346 BNSS 2023 introduces mandatory timelines for delivery of judgment: it must be delivered within 45 days of the conclusion of arguments. If it cannot be delivered within 45 days the court must deliver it within 90 days, recording specific written reasons for the delay. This provision is entirely new and addresses the systemic problem of reserved judgments taking months or years to be delivered. Courts that violate these timelines are subject to supervisory scrutiny. These timelines operationalise the constitutional guarantee of speedy trial under Article 21.

Source note: Section 346, BNSS 2023

Correct answer: B. 2 years from the date of filing of the chargesheet (police report); in cases where completion within 2 years is not possible the court must record reasons and report to the High Court.

The BNSS 2023 introduced mandatory trial timelines addressing the crisis of long-pending criminal trials. Sessions cases should ordinarily be completed within 2 years of the filing of the chargesheet. If completion within this period is not possible the court must record reasons and report to the High Court. This provision implements the Supreme Court's direction in Hussainara Khatoon on speedy trial and the Law Commission's recommendations. The timeline accountability mechanism through High Court reporting creates institutional pressure on trial courts to manage their dockets efficiently.

Source note: BNSS 2023, trial timeline provisions