Law of Crimes II (BNSS-CrPC) MCQs for Judiciary, Page 11

Correct answer: B. Punishable with imprisonment not exceeding 3 years, certain petty theft cases, receiving stolen property below Rs 20,000, and various other minor offences listed in Section 283; the maximum sentence in a summary trial is 3 months imprisonment

Section 283 BNSS 2023 retains and expands the summary trial jurisdiction from Section 260 CrPC. Summary trials are for minor offences where the simplified procedure (which dispenses with full evidence recording) is appropriate. The expansion in BNSS includes petty theft cases up to Rs 20,000 (increased from the CrPC limit). In a summary trial the Magistrate records only the substance of evidence; a full record of evidence is not maintained. The maximum sentence is 3 months imprisonment regardless of the maximum prescribed for the offence.

Source note: Section 283, BNSS 2023

Correct answer: B. A warrant case is one relating to an offence punishable with death, life imprisonment, or imprisonment exceeding 2 years; a summons case is one relating to an offence punishable with imprisonment of 2 years or less; the distinction determines the procedure for trial

Section 2(1)(y) and 2(1)(x) BNSS 2023 (corresponding to Section 2(x) and 2(w) CrPC) define warrant case and summons case by reference to the punishment prescribed. A warrant case relates to an offence punishable with death, life imprisonment, or imprisonment exceeding 2 years; a summons case to an offence punishable with imprisonment of 2 years or less. The distinction is procedurally important: warrant cases have a more elaborate procedure including a specific stage for framing charges and taking evidence on oath; summons cases have a simpler summary-like procedure.

Source note: Section 2(1)(x) and (y), BNSS 2023

Correct answer: B. The State or Union Territory Government must formulate a witness protection scheme; courts may direct implementation of such schemes.

Section 398 BNSS 2023 formally recognised witness protection in Indian criminal procedure law, which the CrPC 1973 did not specifically address. The State and Union Territory Governments are required to formulate witness protection schemes. Courts may direct the implementation of such schemes in appropriate cases. The Supreme Court in Mahender Chawla v. Union of India (2018) had directed formulation of a Witness Protection Scheme; Section 398 codifies this requirement. Witness protection is particularly critical in organised crime, terrorism, and corruption cases where witnesses face serious threats.

Source note: Section 398, BNSS 2023

Correct answer: B. Issue a commission for examination of the witness; or with approval may visit the place where the witness is present and record the examination there.

Section 401 BNSS 2023 (corresponding to Section 284 CrPC on commissions) allows flexible examination of witnesses who cannot attend court. A commission can be issued, or the court may visit the witness, or examination can be conducted through audio-video means. The BNSS's audio-video addition is new and practically useful: it allows examination of sick, elderly, or geographically distant witnesses without requiring physical presence at court or a visiting judge. This flexibility reduces delays caused by witness unavailability.

Source note: Section 401, BNSS 2023

Correct answer: B. The FIR cannot be 'withdrawn'; the investigation must proceed.

Under the BNSS 2023 (as under CrPC), an FIR once registered cannot be 'withdrawn' by the complainant. The investigation is a state function once set in motion by an FIR. For non-compoundable offences the state must prosecute regardless of private settlement. The High Court can quash proceedings under Section 528 BNSS (inherent powers) if continuation is an abuse of process. The Superintendent of Police can close a case after investigation by filing a closure report (Section 193) which is subject to Magistrate approval. The complainant's change of mind does not automatically terminate criminal proceedings.

Source note: Section 173, BNSS 2023

Correct answer: B. A police officer receives information that a person has died under suspicious circumstances, has been shot or killed by police, or has died in custody; the Executive Magistrate inquires into the cause of death and prepares a report

Section 196 BNSS 2023 provides for Executive Magistrate inquest into causes of death. The Executive Magistrate must hold an inquiry when a person dies under suspicious circumstances, dies in custody (police or judicial), has been killed by police, or has died in circumstances requiring investigation. The Magistrate prepares a report stating apparent cause of death. This is distinct from an inquest by a police officer; the Magistrate's inquest provides an independent layer of oversight particularly important for deaths in police custody where conflict of interest may arise.

Source note: Section 196, BNSS 2023

Correct answer: B. Belongs to the Magistrate having jurisdiction or the Sessions Judge at any stage of the investigation or inquiry or trial; a pardon is tendered to obtain evidence against co-accused.

Section 250 BNSS 2023 retains the pardon (approver) procedure from Section 306 CrPC. A Magistrate or Sessions Judge may tender a pardon to any person concerned in an offence to enable evidence to be obtained against co-accused. The person accepting pardon becomes an approver and must fully and truly disclose everything. If the approver breaches conditions of pardon he may be tried for the original offence for which pardon was tendered. The approver's evidence requires corroboration as held in Bhuboni Sahu v. The King (AIR 1949 PC).

Source note: Section 250, BNSS 2023

Correct answer: B. Offences where the maximum punishment does not exceed 7 years; not available for offences affecting socio-economic conditions or offences against women or children.

Section 306 BNSS 2023 retains plea bargaining from Section 265A CrPC, introduced in 2005. Plea bargaining is available for offences with maximum punishment not exceeding 7 years, excluding socio-economic offences, offences against women, and offences against children below 14. The accused voluntarily applies after the chargesheet is filed; it is not available at the investigation stage. The process involves the accused, prosecution, and victim (if any) jointly developing a mutually satisfactory disposition. On acceptance, the court pronounces judgment which is not subject to appeal (only revision or Article 136 challenge).

Source note: Section 306, BNSS 2023

Correct answer: B. Sessions Judges can pass any sentence authorised by law, including life imprisonment and death penalty, subject to High Court confirmation for death sentences; Chief Judicial Magistrates can pass sentences up to 7 years; the BNSS abolished Judicial Magistrates Third Class (who had 1-year powers) and Assistant Sessions Judges (who had sentencing powers up to life in certain cases)

The BNSS 2023 rationalised the sentencing hierarchy: Sessions Judges retain full sentencing powers including death (subject to High Court confirmation under Section 415 BNSS). Chief Judicial Magistrates can sentence up to 7 years. The BNSS abolished Judicial Magistrates Third Class (who had 1-year sentencing powers) and Metropolitan Magistrates, consolidating the Magistracy. This rationalisation aims to reduce complexity in the court hierarchy while ensuring appropriate sentencing powers at each level.

Source note: Sections 22-23, BNSS 2023

Correct answer: B. Is admissible in evidence; the Magistrate must give the accused a warning that he is not bound to confess and any confession may be used against him.

Section 183 BNSS 2023 retains the Section 164 CrPC framework for Magistrate-recorded confessions. A Magistrate recording a confession must: (a) warn the accused that he is not bound to confess; (b) give time for reflection before recording; (c) be satisfied the confession is voluntary. The BNSS adds that the confession may also be recorded through audio-video means. A Magistrate-recorded confession is admissible in evidence against the person confessing under Section 19 BSA 2023. It is one of the strongest forms of evidence in Indian criminal law.

Source note: Section 183, BNSS 2023

Correct answer: B. The word 'Code' (as in Code of Criminal Procedure) was replaced with the word 'Sanhita' wherever it appeared; this uniform substitution applies across all definitions in BNSS 2023 and reflects the renaming of the legislation

The comparison table of BNSS and CrPC notes that wherever the word 'Code' was used in the CrPC (referring to the Code of Criminal Procedure, 1973) the word 'Sanhita' is used in the BNSS (referring to the Bharatiya Nagarik Suraksha Sanhita, 2023). This substitution is uniform across the BNSS and reflects the renaming of the criminal procedure legislation from an English designation to a Sanskrit-Hindi designation, consistent with the broader legislative renaming exercise that also renamed the IPC to BNS and the Indian Evidence Act to BSA.

Source note: Section 2(1)(h), BNSS 2023; Comparison Summary

Correct answer: B. The provisions of the BNSS unless that other law expressly provides for its own procedure; BNSS is the default procedural code for all criminal trials in India.

Section 4 BNSS 2023 retains the CrPC principle that the BNSS is the default procedural code for all criminal trials. Unless a special law expressly prescribes its own procedure (such as NDPS Act, PMLA, POCSO), the provisions of the BNSS govern the trial. Even where special laws have their own procedures, the BNSS applies to fill procedural gaps. Section 5 BNSS specifically saves special laws, while Section 4 ensures that the BNSS's general provisions apply universally in the absence of specific provision.

Source note: Section 4, BNSS 2023

Correct answer: B. Provisions have been added under BNSS to coordinate with BNS sections on organised crime (Section 111-113 BNS), terrorism (Section 113 BNS), and mob lynching (Section 103 BNS); the procedural code specifically references these new substantive offences for which special investigation and trial procedures apply

The BNSS 2023 procedural framework is designed to work with the BNS 2023's new substantive offences. Since BNS introduced organised crime (Sections 111-113), terrorism, and mob lynching as specific offences, the BNSS incorporates corresponding procedural provisions for investigation and trial of these offences. This is a departure from the CrPC-IPC relationship where the procedural code was more generic and many serious offences (terrorism, organised crime) were dealt with under special laws with their own procedures.

Source note: BNSS 2023 read with BNS 2023

Correct answer: B. Liable for prosecution for the offence of failure to record information under the corresponding BNS provision; this is a continuation of Section 166A IPC (Section 202 BNS equivalent) which makes non-registration of FIR a punishable offence

The duty to register FIRs is mandatory under Section 173 BNSS. Failure to register an FIR where a cognizable offence is disclosed makes the public servant (police officer) liable for prosecution under the corresponding BNS provision (equivalent of Section 166A IPC). In Lalita Kumari v. Govt. of UP (2014) the Supreme Court held that registration of FIR is mandatory when information of a cognizable offence is received and non-registration is not a permissible exercise of discretion but a dereliction of duty that attracts criminal liability.

Source note: Section 173, BNSS 2023; Lalita Kumari v. Govt. of UP (2014)

Correct answer: B. Conducted in camera (closed proceedings excluding the public) to protect the identity and dignity of victims; the court must also ensure the victim's statement is recorded in a safe environment; the BNSS strengthens earlier CrPC protections for vulnerable victims

The BNSS 2023 retains and strengthens CrPC provisions for protection of women and child victims during trial. Trials of sexual offences must be conducted in camera; the identity of rape victims is protected; statements of child witnesses may be recorded through audio-video means outside the courtroom. These provisions implement the Supreme Court's directions in various judgments on victim protection and align with the Protection of Children from Sexual Offences Act (POCSO) framework.

Source note: BNSS 2023, trial provisions for vulnerable victims

Correct answer: B. The appropriate Government (State Government for state offences and Central Government for central offences); the Government may consult the presiding judge.

Section 432 BNSS 2023 retains the executive power to suspend or remit sentences from Section 432 CrPC. The appropriate Government may suspend, remit, or commute sentences. This power is distinct from the Presidential/Gubernatorial pardoning power under Articles 72/161 of the Constitution: Section 432 is a statutory executive power of the elected Government, while the constitutional pardon power is a personal prerogative of the President/Governor. Section 432 power is subject to judicial review if exercised arbitrarily.

Source note: Section 432, BNSS 2023

Correct answer: B. Whether the person is a first-time offender; the nature and gravity of the offence.

Section 479 BNSS proviso on undertrial bail requires a multi-factor assessment: (1) Is the person a first-time offender? (2) Has he served half the maximum prescribed sentence? (3) What is the nature and gravity of the offence? (4) Would release endanger public safety? The proviso does not create an absolute right regardless of circumstances: for very serious offences (terrorism, organised crime, murder) courts may be more cautious even when half the maximum period has been served. The provision balances Article 21 (personal liberty) against public safety.

Source note: Section 479 proviso, BNSS 2023

Correct answer: B. The informant or victim must be informed and given a copy of the report; the Magistrate may take cognizance of the offence on a protest petition or direct further investigation.

Section 193(2) BNSS 2023 strengthens victim participation rights in the post-investigation stage. When police file a closure or summary report the informant or victim must be given a copy and informed. The victim can then file a protest petition before the Magistrate challenging the closure. The Magistrate may: (a) accept the closure report; (b) take cognizance on the protest petition treating it as a complaint; or (c) direct further investigation. This victim-centric approach was partially present in CrPC case law (Bhagwant Singh v. Commissioner of Police) but is now expressly codified.

Source note: Section 193(2), BNSS 2023

Correct answer: B. The court may sentence the person to imprisonment for a term not exceeding the period prescribed in the Schedule to the BNSS for that offence; the default imprisonment is in addition to any other sentence of imprisonment, subject to aggregate limits

Section 356 BNSS 2023 retains the default imprisonment for non-payment of fine from CrPC. The duration of default imprisonment depends on the amount of fine: a graduated scale applies. The default imprisonment ceases when the fine is paid. An important principle is that the default imprisonment is not a substitute for the fine but a coercive mechanism to enforce payment. The person can end the imprisonment at any time by paying the fine or the outstanding portion thereof.

Source note: Section 356, BNSS 2023

Correct answer: B. When the Magistrate takes cognizance of an offence exclusively triable by a Sessions Court the Magistrate commits the case to the Sessions Court; the Magistrate does not conduct any inquiry into the merits; the Sessions Court then receives the case

Section 414 BNSS 2023 retains the committal procedure from Section 209 CrPC. When a Magistrate takes cognizance of an offence exclusively triable by a Sessions Court (typically serious offences punishable with more than 7 years), the Magistrate commits the case without further inquiry into the merits. The Supreme Court in Shamsher Singh v. State of Punjab held that Section 209 CrPC committal is automatic: once the Magistrate takes cognizance of a Sessions-triable offence, commitment must follow. No inquiry into evidence is required at the committal stage.

Source note: Section 414, BNSS 2023

Correct answer: B. Is restricted: anticipatory bail may not be granted in cases involving offences under laws such as UAPA, PMLA, nsa, and similar statutes that have their own bail provisions imposing twin conditions or excluding anticipatory bail entirely; courts take a more conservative approach for such offences

While Section 482 BNSS provides for anticipatory bail generally, several special laws restrict or exclude anticipatory bail: the UAPA (Unlawful Activities Prevention Act) has twin bail conditions under Section 43D(5); the NDPS Act has twin conditions for offences involving commercial quantities; the PMLA has stringent bail conditions under Section 45. Courts have held that where a special law imposes its own bail regime the Section 482 BNSS anticipatory bail is either unavailable or must apply the more stringent test of the special law.

Source note: Section 482, BNSS 2023

Correct answer: B. Mandatory forensic investigation for serious offences; trial in absentia for absconding accused.

The BNSS 2023 introduced several structural changes absent from CrPC 1973: (1) Mandatory forensic investigation for offences punishable with 7 years or more; (2) Trial in absentia under Section 392 for absconding accused; (3) Victim impact statement under Section 303 before sentencing; (4) Timeline-bound investigation, chargesheet, and trial; (5) Zero FIR and eFIR; (6) Expanded audio-video recording across investigation stages; (7) The undertrial bail proviso in Section 479. These changes collectively represent a significant modernisation of Indian criminal procedure.

Source note: Multiple sections, BNSS 2023

Correct answer: B. Release the offender on probation of good conduct or after admonition if no previous conviction is established and the offence does not carry death or life imprisonment; this reformative sentencing option reflects the rehabilitative approach

Section 357 BNSS 2023 (corresponding to Section 360 CrPC and Probation of Offenders Act) allows courts to release first-time offenders on probation or after admonition rather than imprisonment. This is particularly applicable to young first-time offenders (below 21) and to offenders of any age where the offence is not grave. The reformative approach recognises that imprisonment may cause more harm than good for minor offenders without prior criminal history. Courts must give reasons if not releasing on probation in eligible cases.

Source note: Section 357, BNSS 2023

Correct answer: B. Judgment must be delivered within 45 days of conclusion of arguments (extendable to 90 days with recorded reasons); chargesheet must be filed within 90 days for serious offences (otherwise default bail); Sessions trial should be completed within 2 years of chargesheet

The BNSS 2023 introduced multiple timelines binding on investigative and judicial authorities: (1) Chargesheet must be filed within 90/60 days or default bail follows (Section 187); (2) Judgment must be delivered within 45 days of conclusion of arguments, extendable to 90 days (Section 346); (3) Sessions trials should ordinarily complete within 2 years of chargesheet filing; (4) First bail hearing must occur within 24 hours of production before Magistrate (following from the 24-hour production rule under Section 58); (5) Forensic examination report within prescribed periods. These timelines collectively operationalise the right to speedy trial.

Source note: Multiple sections, BNSS 2023

Correct answer: B. An adversarial system where the prosecution and defence present their cases before an independent and passive judge who decides based on the evidence presented; the state bears the burden of proving guilt beyond reasonable doubt; the accused has the right to silence

The BNSS 2023 retains India's adversarial criminal procedure system inherited from the CrPC 1973. In this system: the prosecution (state) bears the burden of proof beyond reasonable doubt; the judge is largely passive and decides based on evidence presented by parties; the accused has the right to silence (protected by Article 20(3) of the Constitution); the accused is presumed innocent until proven guilty. The Malimath Committee (2003) had recommended moving towards an inquisitorial system but the BNSS 2023 retained the adversarial framework while strengthening certain victim rights and investigation standards.

Source note: Section 1-4, BNSS 2023; Malimath Committee Report 2003