Judiciary question bank

Law of Crimes II (BNSS-CrPC) MCQs for Judiciary, Page 2

Judiciary Law of Crimes II (BNSS-CrPC) questions 26-50 of 275, with answer keys and explanations covering criminal courts, arrest, investigation, bail, charge, trial, evidence procedure, appeal, revision, and the BNSS.

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Practice judiciary exam MCQs with answers and explanations across substantive law, procedure, evidence, constitutional law, and state judicial service subjects.

  • Anticipatory Bail10
  • Arrest, Search, Seizure and Remand11
  • Bail in Bailable and Non-Bailable Offences10
  • Bail, Bonds and Liberty8
  • Bail, Cancellation, and Post-Charge-Sheet Liberty5
  • BNSS Foundations and Court Structure7
  • BNSS Mixed Practice8
  • BNSS Reforms and Contemporary Criminal Procedure10
  • Compounding, Quashing and Revision3
  • Default Bail10
  • Default Bail and Timing Traps5
  • FIR and Early Recording5
  • FIR and Registration10
  • FIR, Investigation and Police Reports12
  • Inherent Powers and Compounding10
  • Initiation of Criminal Process10
  • Investigation10
  • Investigation and Police Statements5
  • Lalita Kumari and Preliminary Inquiry10
  • Lalita Kumari and Threshold Scrutiny5
  • Magistrate Stage Nuances5
  • Magistrate-Ordered Investigation10
  • Notice Before Arrest and Arrest Safeguards5
  • Quashing and Settlement5
  • Remand and Custody15
  • Rights of the Accused10
  • Search, Seizure, and Digital Process5
  • Search, Seizure, and Related Powers10
  • Technology and Contemporary BNSS Reforms2
  • Trial Process10
  • Trial, Charges and Court Procedure14
  • Victim Rights, Witnesses and Sentencing10
  • Victim Rights, Witnesses, and Fair Trial10
Question 26HardSearch, Seizure, and Digital Process

The chain of custody becomes especially decisive in digital evidence because:

  1. A

    Digital records can never be altered

  2. B

    Questions of cloning, extraction, metadata integrity, and tampering are central to reliability

  3. C

    Courts distrust all electronics categorically

  4. D

    Digital devices are outside criminal procedure

View answer and explanation

Correct answer: B. Questions of cloning, extraction, metadata integrity, and tampering are central to reliability

Digital evidence requires careful preservation. The reliability of the extracted material often depends on whether the process of seizure, imaging, storage, and access is documented and secure.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 27HardSearch, Seizure, and Digital Process

A search that is overbroad and unrelated to the offence under investigation is vulnerable because:

  1. A

    Police may search only between sunrise and noon

  2. B

    The law expects a case-linked evidentiary purpose, not a fishing exercise into unrelated private material

  3. C

    Judges dislike technology

  4. D

    Seizure memos are optional

View answer and explanation

Correct answer: B. The law expects a case-linked evidentiary purpose, not a fishing exercise into unrelated private material

Search powers are not blank cheques. Their legitimacy depends on nexus, lawful authority, proper documentation, and respect for privacy and proportionality.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 28HardSearch, Seizure, and Digital Process

The strongest objection to treating every irregular search as automatically fatal to the prosecution is that:

  1. A

    Police errors should never matter

  2. B

    Indian evidence law often distinguishes between method of collection and relevance of the material, leaving courts to scrutinise fairness more carefully

  3. C

    All unlawfully obtained evidence must always be admitted

  4. D

    Search law has no constitutional dimension

View answer and explanation

Correct answer: B. Indian evidence law often distinguishes between method of collection and relevance of the material, leaving courts to scrutinise fairness more carefully

The position is more nuanced than automatic exclusion or automatic admission. Courts often balance legality, fairness, reliability, and prejudice when assessing the consequence of irregularity.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 29HardSearch, Seizure, and Digital Process

Audio-video recording of certain procedural acts under modern criminal procedure is most valuable when it:

  1. A

    Replaces judges

  2. B

    Creates a clearer contemporaneous record that reduces later factual controversy about what happened

  3. C

    Eliminates all privacy concerns

  4. D

    Makes witness examination unnecessary

View answer and explanation

Correct answer: B. Creates a clearer contemporaneous record that reduces later factual controversy about what happened

A robust audiovisual record can improve accountability and reduce disputes, but it does not by itself solve every fairness concern. The surrounding legal safeguards still matter.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 30HardSearch, Seizure, and Digital Process

If the police seize a phone but cannot show who handled it, when it was opened, or how the extracted data was preserved, the defence will most likely stress:

  1. A

    Lack of territorial jurisdiction only

  2. B

    Weak chain of custody and consequent doubt about authenticity and tamper-resistance

  3. C

    That the FIR was delayed

  4. D

    That no offence can ever involve a phone

View answer and explanation

Correct answer: B. Weak chain of custody and consequent doubt about authenticity and tamper-resistance

For digital evidence, authenticity and continuity are crucial. Missing documentation about handling and extraction can seriously weaken evidentiary confidence.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 31HardRemand and Custody

The most persuasive constitutional criticism of mechanical remand orders is that they:

  1. A

    Take too long to type

  2. B

    Reduce liberty to an administrative routine rather than a judicially examined question

  3. C

    Are always void even when well reasoned

  4. D

    Concern only prison discipline

View answer and explanation

Correct answer: B. Reduce liberty to an administrative routine rather than a judicially examined question

A remand order restricts liberty. If reasons are absent and necessity is not examined, the court appears to have surrendered its reviewing role to the executive.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 32HardRemand and Custody

Why is the initial phase of police custody viewed with special caution?

  1. A

    Because the accused is already punished

  2. B

    Because the investigating agency has direct physical control over the accused and the risk of coercion is correspondingly high

  3. C

    Because courts do not sit during that period

  4. D

    Because lawyers are barred by the Constitution

View answer and explanation

Correct answer: B. Because the investigating agency has direct physical control over the accused and the risk of coercion is correspondingly high

The law treats police custody as especially sensitive because the possibility of pressure, forced disclosure, and abuse is structurally greater when direct control remains with the investigators.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 33HardRemand and Custody

A Magistrate confronted with a request for further police custody after the ordinary initial window has passed should be most alert to:

  1. A

    Whether the prosecutor speaks confidently

  2. B

    Whether the law actually permits such continued police control within the applicable custody scheme

  3. C

    Whether the complainant is present in court

  4. D

    Whether the station diary is neatly bound

View answer and explanation

Correct answer: B. Whether the law actually permits such continued police control within the applicable custody scheme

Custody law is structured. Courts must examine the limits the code imposes on police custody and resist requests that ignore the architecture of statutory protection.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 34HardRemand and Custody

The shift from police custody to judicial custody after the initial phase reflects the procedural judgment that:

  1. A

    Investigation must end immediately

  2. B

    The State may still investigate, but not always through continuing direct police domination of the accused's person

  3. C

    Prisons are outside judicial control

  4. D

    The accused loses all bail rights

View answer and explanation

Correct answer: B. The State may still investigate, but not always through continuing direct police domination of the accused's person

This shift shows how the code tries to balance investigative needs with a reduction in the intensity of coercive control over the individual.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 35HardRemand and Custody

Virtual production of the accused before a court can improve efficiency, but the strongest legal caution is that it must not:

  1. A

    Use any technology

  2. B

    Reduce meaningful judicial interaction into a formal visual ritual where questions of legality and mistreatment are never truly examined

  3. C

    Involve prison authorities

  4. D

    Be recorded

View answer and explanation

Correct answer: B. Reduce meaningful judicial interaction into a formal visual ritual where questions of legality and mistreatment are never truly examined

Technology can help, but if the accused cannot meaningfully communicate, complain of abuse, or be properly heard, the constitutional value of production is weakened.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 36HardDefault Bail and Timing Traps

Investigation expires on the statutory day. The accused applies for default bail at 10 a.m. and expresses readiness to furnish bond. The charge-sheet is filed at 2 p.m. the same day. The stronger position is:

  1. A

    The later filing defeats the right because it happened on the same day

  2. B

    The right had already matured before the later filing and cannot ordinarily be neutralised by it

  3. C

    Default bail never arises on the expiry date itself

  4. D

    The application is invalid unless the prosecution consents

View answer and explanation

Correct answer: B. The right had already matured before the later filing and cannot ordinarily be neutralised by it

Timing is central. Once the statutory period has run out and the accused makes a proper application with readiness to furnish bail, a later filing cannot ordinarily destroy that matured right.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 37HardDefault Bail and Timing Traps

If the statutory period expires but the accused does not apply, and before any such application the charge-sheet is filed, the ordinary result is:

  1. A

    Default bail survives permanently as an abstract right

  2. B

    The ordinary default-bail claim is lost because the statutory deficiency was cured before the right was invoked in the legally relevant sense

  3. C

    The FIR becomes void

  4. D

    The trial court loses jurisdiction

View answer and explanation

Correct answer: B. The ordinary default-bail claim is lost because the statutory deficiency was cured before the right was invoked in the legally relevant sense

Default bail is not a floating moral claim. It must crystallise through the combination of expiry, custody, and proper invocation before the prosecution cures the defect.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 38HardDefault Bail and Timing Traps

A prosecution seeks to defeat default bail by filing a document titled 'final report' that contains no real completion of investigation and leaves core forensic steps open. The best defence objection is:

  1. A

    Titles are irrelevant if the paper is filed

  2. B

    The court must examine substance and ask whether the report is truly a completed final report in law

  3. C

    Default bail never depends on completeness

  4. D

    The accused must first plead guilty

View answer and explanation

Correct answer: B. The court must examine substance and ask whether the report is truly a completed final report in law

Courts examine substance over labels. A strategically titled but materially incomplete report may not suffice to defeat a matured statutory right.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 39HardDefault Bail and Timing Traps

Default bail is often called 'indefeasible' because:

  1. A

    It cannot be lost under any circumstances once custody begins

  2. B

    Once its statutory conditions mature and are properly invoked, it does not depend on judicial sympathy or case merits

  3. C

    It overrides every later legal development forever

  4. D

    It eliminates the need to furnish bail conditions

View answer and explanation

Correct answer: B. Once its statutory conditions mature and are properly invoked, it does not depend on judicial sympathy or case merits

The right is indefeasible in the sense that it arises by force of law and is not contingent on a merits assessment. But it must still be properly invoked and the accused must comply with release formalities.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 40HardDefault Bail and Timing Traps

The strongest normative defence of default bail is that it:

  1. A

    Rewards technicality over justice

  2. B

    Forces the State to take liberty seriously by attaching real consequence to investigative delay

  3. C

    Replaces acquittal

  4. D

    Makes trial unnecessary

View answer and explanation

Correct answer: B. Forces the State to take liberty seriously by attaching real consequence to investigative delay

Default bail is procedural justice in action. Without a meaningful consequence for delay, time limits on custody would become symbolic and personal liberty would depend entirely on administrative convenience.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 41HardBail, Cancellation, and Post-Charge-Sheet Liberty

The filing of charge-sheet does not automatically justify continued custody because:

  1. A

    Charge-sheet is irrelevant to bail

  2. B

    The presumption of innocence survives and the court must still assess whether detention remains necessary

  3. C

    Bail ends when investigation ends

  4. D

    The accused becomes a witness

View answer and explanation

Correct answer: B. The presumption of innocence survives and the court must still assess whether detention remains necessary

Post-charge-sheet liberty is still judged through bail principles. The completion of investigation changes the custody analysis, but it does not automatically erase the accused's claim to release.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 42HardBail, Cancellation, and Post-Charge-Sheet Liberty

A court imposing a condition that the accused deposit an impossible amount unrelated to the real risks of the case is vulnerable to criticism because the condition becomes:

  1. A

    A neutral procedural safeguard

  2. B

    A disguised denial of bail through disproportionate terms

  3. C

    Mandatory in every serious offence

  4. D

    A final sentence

View answer and explanation

Correct answer: B. A disguised denial of bail through disproportionate terms

Bail conditions must be realistic and related to legitimate aims. Conditions that are impossible to fulfil undermine the grant by converting it into covert detention.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 43HardBail, Cancellation, and Post-Charge-Sheet Liberty

If one co-accused with a minimal role gets bail, another with a materially different role and stronger evidence against them cannot rely on parity as:

  1. A

    An automatic command detached from individual circumstances

  2. B

    A concept unknown to criminal law

  3. C

    A constitutional right to acquittal

  4. D

    A replacement for the charge-sheet

View answer and explanation

Correct answer: A. An automatic command detached from individual circumstances

Parity promotes consistency, but it is never blind equality. Courts still examine role, evidence, antecedents, and risk in each applicant's case.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 44HardBail, Cancellation, and Post-Charge-Sheet Liberty

Cancellation of bail should not become an informal appeal against the original grant because:

  1. A

    Every grant of bail is perfect

  2. B

    Withdrawal of liberty ordinarily requires a fresh and weighty reason such as misuse, intimidation, absconding, or comparable change in circumstances

  3. C

    The prosecution cannot oppose bail later

  4. D

    Courts lose jurisdiction after granting bail

View answer and explanation

Correct answer: B. Withdrawal of liberty ordinarily requires a fresh and weighty reason such as misuse, intimidation, absconding, or comparable change in circumstances

The law recognises that taking back liberty is serious. A cancellation court looks for supervening grounds or palpable abuse, not mere disagreement with the earlier order.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 45HardBail, Cancellation, and Post-Charge-Sheet Liberty

The phrase 'gravity of offence' becomes legally insufficient as a standalone bail reason when:

  1. A

    The court never mentions it

  2. B

    The court ignores other factors such as risk, evidence, necessity of custody, and stage of proceedings

  3. C

    The accused is a first offender

  4. D

    The charge-sheet has been filed

View answer and explanation

Correct answer: B. The court ignores other factors such as risk, evidence, necessity of custody, and stage of proceedings

Seriousness matters, but it is part of a structured inquiry. A bail order that stops at gravity alone may fail to show why continued detention is actually justified.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 46HardQuashing and Settlement

A High Court asked to quash proceedings after compromise in a serious offence should ask first:

  1. A

    Whether both sides have signed some paper

  2. B

    Whether the offence is of such private character that settlement-based quashing would not injure public justice

  3. C

    Whether the police approve of the compromise

  4. D

    Whether the trial has gone on for more than a year

View answer and explanation

Correct answer: B. Whether the offence is of such private character that settlement-based quashing would not injure public justice

Settlement does not erase the public dimension of every offence. The first question is whether the offence is one that can fairly be treated as predominantly private for quashing purposes.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 47HardQuashing and Settlement

The strongest reason why heinous offences are treated cautiously in settlement-based quashing is that such offences:

  1. A

    Cannot ever be discussed in court

  2. B

    Carry a societal dimension that private compromise alone cannot usually neutralise

  3. C

    Are always non-cognizable

  4. D

    Can be settled only by the police

View answer and explanation

Correct answer: B. Carry a societal dimension that private compromise alone cannot usually neutralise

Criminal law protects not only individual victims but social order and public confidence. In grave offences, the public dimension is too strong to be casually surrendered to private settlement.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 48HardQuashing and Settlement

Inherent powers are residual and extraordinary. This means they should be used:

  1. A

    Whenever factual disputes arise

  2. B

    With restraint to prevent abuse of process or secure justice where ordinary procedure is inadequate or misused

  3. C

    Only after acquittal

  4. D

    To rewrite every police report

View answer and explanation

Correct answer: B. With restraint to prevent abuse of process or secure justice where ordinary procedure is inadequate or misused

The very point of inherent power is that it is not routine. It is preserved for exceptional situations where strict reliance on ordinary process would itself become unjust.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 49HardQuashing and Settlement

If the settlement appears genuine but the allegations concern institutional corruption affecting public administration, the stronger legal instinct is:

  1. A

    Quashing should follow automatically because the direct parties settled

  2. B

    The court should be cautious because public wrong may survive private reconciliation

  3. C

    The case becomes civil by consent

  4. D

    The FIR must be rewritten but not quashed

View answer and explanation

Correct answer: B. The court should be cautious because public wrong may survive private reconciliation

Public corruption is not merely a personal dispute. Even a genuine compromise may not answer the larger public interest concerns implicated by the prosecution.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

Question 50HardQuashing and Settlement

The deepest connection between quashing doctrine and fair criminal process is that quashing exists to ensure:

  1. A

    That difficult cases never go to trial

  2. B

    That procedure does not become an instrument of harassment or manifest injustice in situations where the law itself permits corrective intervention

  3. C

    That the High Court substitutes itself for every Magistrate

  4. D

    That all compromises are judicially rewarded

View answer and explanation

Correct answer: B. That procedure does not become an instrument of harassment or manifest injustice in situations where the law itself permits corrective intervention

Inherent powers are not anti-trial. They are anti-abuse. Their function is to ensure that criminal process remains a disciplined legal instrument rather than a weapon of procedural oppression.

Source note: LexMentor Notes, Law of Crimes II (BNSS-CrPC); India Code BNSS 2023

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