Judiciary question bank

Law of Crimes II (BNSS-CrPC) MCQs for Judiciary, Page 5

Judiciary Law of Crimes II (BNSS-CrPC) questions 101-125 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 101MediumMagistrate-Ordered Investigation

An application seeking investigation by the police through the Magistrate at the pre-cognizance stage is ordinarily associated with:

  1. A

    The power analogous to the classic Section 156(3) CrPC route

  2. B

    Civil revision

  3. C

    A decree for possession

  4. D

    A review petition before the same police officer

View answer and explanation

Correct answer: A. The power analogous to the classic Section 156(3) CrPC route

The familiar 156(3) structure allows a Magistrate, at the appropriate stage, to direct the police to investigate instead of proceeding immediately as a private complaint case.

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

Question 102HardMagistrate-Ordered Investigation

The main difference between directing investigation under the pre-cognizance route and postponing process for inquiry after cognizance is that:

  1. A

    They are identical in both stage and purpose

  2. B

    The former is pre-cognizance police investigation, while the latter belongs to a post-cognizance complaint framework

  3. C

    Only the Sessions Court may use either

  4. D

    Neither involves judicial application of mind

View answer and explanation

Correct answer: B. The former is pre-cognizance police investigation, while the latter belongs to a post-cognizance complaint framework

This distinction is procedurally important. A pre-cognizance order sends the matter for police investigation, while a post-cognizance step keeps the complaint proceeding within judicial control.

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

Question 103EasyMagistrate-Ordered Investigation

A Magistrate considering an application for police investigation should ordinarily guard against:

  1. A

    The existence of any documentary material

  2. B

    Mechanical orders passed without application of mind

  3. C

    Hearing a complainant at all

  4. D

    Police investigation in every case

View answer and explanation

Correct answer: B. Mechanical orders passed without application of mind

Judicial orders affecting liberty and investigation must show reasoning. Mechanical directions invite misuse and dilute procedural discipline.

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

Question 104MediumMagistrate-Ordered Investigation

Priyanka Srivastava v. State of Uttar Pradesh is frequently cited for the proposition that a request for police investigation through the Magistrate should be approached with:

  1. A

    No procedural safeguards at all

  2. B

    A degree of responsibility and affidavit-backed seriousness to prevent abuse

  3. C

    Mandatory conviction of the accused

  4. D

    Automatic grant whenever any dispute exists

View answer and explanation

Correct answer: B. A degree of responsibility and affidavit-backed seriousness to prevent abuse

The judgment emphasised that such applications should not become casual tools of pressure. Affidavit-backed responsibility helps discourage frivolous or vindictive use.

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

Question 105MediumMagistrate-Ordered Investigation

If the police file a closure report after a Magistrate-directed investigation, the complainant may still pursue the matter through:

  1. A

    Recognised procedural responses such as protest and judicial consideration

  2. B

    Only a constitutional amendment

  3. C

    Automatic conviction of the accused

  4. D

    No remedy whatsoever

View answer and explanation

Correct answer: A. Recognised procedural responses such as protest and judicial consideration

A closure report does not extinguish judicial oversight. The complainant may invite the court to examine whether the matter deserves further steps.

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

Question 106EasyMagistrate-Ordered Investigation

A private complaint route may be especially useful where the complainant seeks:

  1. A

    Immediate abandonment of the criminal process

  2. B

    Direct judicial scrutiny of the allegations when police inaction is complained

  3. C

    A tax rebate

  4. D

    Arbitration

View answer and explanation

Correct answer: B. Direct judicial scrutiny of the allegations when police inaction is complained

The complaint mechanism exists partly to ensure that police inaction does not leave the citizen remediless.

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

Question 107MediumMagistrate-Ordered Investigation

The Magistrate is not expected to monitor every minute step of investigation because:

  1. A

    Courts have no role at all in criminal procedure

  2. B

    Investigation is ordinarily an executive function, though legality and fairness remain judicially reviewable

  3. C

    Police are above the law

  4. D

    Judges cannot read case diaries

View answer and explanation

Correct answer: B. Investigation is ordinarily an executive function, though legality and fairness remain judicially reviewable

The code preserves a division of functions. Courts supervise legality and later adjudicate, but do not ordinarily run the investigation on a day-to-day basis.

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

Question 108EasyMagistrate-Ordered Investigation

Which statement best captures the policy reason behind preserving a Magistrate's power to trigger investigation?

  1. A

    To replace all police stations

  2. B

    To provide an institutional remedy when police fail to act on cognizable allegations

  3. C

    To eliminate the role of trial courts

  4. D

    To guarantee conviction

View answer and explanation

Correct answer: B. To provide an institutional remedy when police fail to act on cognizable allegations

The power is a corrective. It prevents the criminal process from being entirely blocked at the station level when cognizable wrongdoing is alleged.

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

Question 109MediumMagistrate-Ordered Investigation

An order directing investigation without any reasons may be vulnerable because:

  1. A

    Reasoned judicial exercise is part of fairness and accountability

  2. B

    Reasons are forbidden in criminal procedure

  3. C

    Courts never need to explain investigative orders

  4. D

    Police alone decide all legal questions

View answer and explanation

Correct answer: A. Reasoned judicial exercise is part of fairness and accountability

Even brief reasons help show that the Magistrate considered the material and the proper procedural route before setting coercive machinery in motion.

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

Question 110MediumMagistrate-Ordered Investigation

The difference between a complaint case and police investigation matters most because it affects:

  1. A

    Only the colour of the case file

  2. B

    Who leads the evidence-gathering stage and through what procedural route

  3. C

    Whether the Constitution applies

  4. D

    Whether witnesses may speak at all

View answer and explanation

Correct answer: B. Who leads the evidence-gathering stage and through what procedural route

The structure of the process changes depending on whether the matter proceeds as a complaint case or through full police investigation under the code.

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

Question 111EasyRights of the Accused

The right of an arrested person to be informed of the grounds of arrest is closely tied to:

  1. A

    Administrative convenience only

  2. B

    Constitutional fairness and the ability to seek legal remedies such as bail

  3. C

    The law of tort only

  4. D

    Only tax law

View answer and explanation

Correct answer: B. Constitutional fairness and the ability to seek legal remedies such as bail

A person cannot effectively challenge arrest, seek counsel, or apply for bail if the basis of arrest is concealed from them.

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

Question 112EasyRights of the Accused

D.K. Basu is associated primarily with:

  1. A

    Rules on testamentary succession

  2. B

    Guidelines designed to prevent custodial abuse and secret detention

  3. C

    Only rules of evidence for handwriting

  4. D

    Compulsory plea bargaining

View answer and explanation

Correct answer: B. Guidelines designed to prevent custodial abuse and secret detention

D.K. Basu sought to civilise arrest and detention by insisting on transparency, documentation, medical checks, and communication to relatives or friends.

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

Question 113MediumRights of the Accused

Arnesh Kumar is often invoked in practice to emphasise that:

  1. A

    Arrest is mandatory in every offence punishable up to seven years

  2. B

    Police must justify arrest and cannot treat it as a routine reflex in every case

  3. C

    No one can ever be arrested without a warrant

  4. D

    Bail is unavailable in matrimonial offences

View answer and explanation

Correct answer: B. Police must justify arrest and cannot treat it as a routine reflex in every case

The decision aimed to curb unnecessary arrests and to ensure that statutory safeguards are followed with seriousness.

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

Question 114EasyRights of the Accused

The presumption of innocence means, in practical procedural terms, that:

  1. A

    The accused need not face trial at all

  2. B

    The prosecution bears the burden of proving guilt according to law unless a statutory exception shifts it

  3. C

    The accused may ignore every court order

  4. D

    Every FIR must end in closure

View answer and explanation

Correct answer: B. The prosecution bears the burden of proving guilt according to law unless a statutory exception shifts it

Presumption of innocence is a foundational principle. It shapes how evidence is evaluated and why coercive steps before conviction must remain proportionate.

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

Question 115MediumRights of the Accused

The right against self-incrimination under constitutional law mainly protects a person from being compelled:

  1. A

    To appear in court

  2. B

    To give evidence of a testimonial character against themselves

  3. C

    To hire a lawyer

  4. D

    To apply for bail

View answer and explanation

Correct answer: B. To give evidence of a testimonial character against themselves

The principle does not erase all investigative powers, but it does protect against compelled testimonial self-accusation.

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

Question 116EasyRights of the Accused

Access to legal aid at the early stages of criminal process matters because:

  1. A

    It delays the case without purpose

  2. B

    It helps make liberty, remand, bail, and trial rights real rather than merely theoretical

  3. C

    It is relevant only after conviction

  4. D

    It replaces the judge

View answer and explanation

Correct answer: B. It helps make liberty, remand, bail, and trial rights real rather than merely theoretical

Early representation can affect arrest challenge, remand opposition, bail, and preservation of defence rights. Legal aid therefore has constitutional significance.

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

Question 117EasyRights of the Accused

A family member or friend being informed of arrest is important chiefly because it:

  1. A

    Improves media coverage

  2. B

    Reduces the risk of secret detention and disappearance within the system

  3. C

    Guarantees acquittal

  4. D

    Converts custody into house arrest

View answer and explanation

Correct answer: B. Reduces the risk of secret detention and disappearance within the system

The requirement acts as a transparency safeguard. It ensures the arrested person does not simply vanish into unrecorded custody.

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

Question 118MediumRights of the Accused

Handcuffing is ordinarily treated in constitutional jurisprudence as:

  1. A

    A routine and preferred mode of every transit

  2. B

    A measure requiring justification and not to be used casually

  3. C

    A matter of police fashion

  4. D

    A punishment that may always be imposed without reason

View answer and explanation

Correct answer: B. A measure requiring justification and not to be used casually

Because handcuffing affects dignity and presumption of innocence, courts insist that it be justified by real necessity rather than convenience.

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

Question 119EasyRights of the Accused

A fair criminal process protects:

  1. A

    Only the complainant

  2. B

    Only the accused

  3. C

    Both society's interest in truth and the individual's interest in lawful, non-arbitrary procedure

  4. D

    Only the investigating officer

View answer and explanation

Correct answer: C. Both society's interest in truth and the individual's interest in lawful, non-arbitrary procedure

Fair trial is not one-sided. It protects the integrity of the verdict by ensuring lawful treatment of the accused and reliable adjudication of the charge.

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

Question 120MediumRights of the Accused

The strongest reason why procedural safeguards matter even in serious crimes is that:

  1. A

    Serious allegations justify abandoning legality

  2. B

    The legitimacy of punishment depends on the fairness of the process that precedes it

  3. C

    Courts dislike police work

  4. D

    The Constitution applies only to minor offences

View answer and explanation

Correct answer: B. The legitimacy of punishment depends on the fairness of the process that precedes it

The criminal process derives moral and legal authority from fidelity to fair procedure. Without that, even serious prosecutions lose legitimacy.

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

Question 121EasyRemand and Custody

The classic rule that an arrested person must be produced before a Magistrate within twenty-four hours reflects concern against:

  1. A

    Speedy trial alone

  2. B

    Arbitrary and secret detention by executive authority

  3. C

    Only prison overcrowding

  4. D

    Only witness hostility

View answer and explanation

Correct answer: B. Arbitrary and secret detention by executive authority

Prompt production ensures early judicial oversight. It protects liberty by preventing the police from holding a person indefinitely on their own authority.

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

Question 122EasyRemand and Custody

Police custody and judicial custody differ mainly because in police custody the accused:

  1. A

    Is already convicted

  2. B

    Remains in the direct investigative control of the police

  3. C

    Cannot speak to anyone ever again

  4. D

    Must be released on bond automatically

View answer and explanation

Correct answer: B. Remains in the direct investigative control of the police

Police custody is considered more coercive because the investigating agency directly controls the person. Judicial custody places the person in prison subject to court orders rather than police control.

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

Question 123MediumRemand and Custody

When considering remand, a Magistrate should ordinarily ask whether:

  1. A

    The case has attracted political attention

  2. B

    Further custody is legally justified and necessary on the facts

  3. C

    The accused has popular support

  4. D

    The complainant wants immediate conviction

View answer and explanation

Correct answer: B. Further custody is legally justified and necessary on the facts

Remand is not a ritual. The court must examine necessity, legality, investigation stage, and the effect on personal liberty.

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

Question 124MediumRemand and Custody

The early statutory period associated with police custody under the classic scheme is significant because:

  1. A

    After that, every kind of custody becomes impossible

  2. B

    The law treats direct police control as specially dangerous and therefore closely limits it

  3. C

    It allows automatic conviction if extended

  4. D

    It turns the FIR into evidence

View answer and explanation

Correct answer: B. The law treats direct police control as specially dangerous and therefore closely limits it

The law is cautious about police custody because of the risks of pressure, coercion, and abuse. That is why judicial scrutiny is especially strict at this stage.

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

Question 125MediumRemand and Custody

Judicial custody after the initial police-custody window is ordinarily justified on the footing that:

  1. A

    Investigation may continue without exposing the accused to continuous direct police control

  2. B

    Police may interrogate at will inside prison without leave

  3. C

    The trial automatically ends

  4. D

    The prosecution no longer bears any burden

View answer and explanation

Correct answer: A. Investigation may continue without exposing the accused to continuous direct police control

Judicial custody balances investigation needs and liberty by moving the person out of constant police control while preserving the court's authority over continued detention.

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

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