Judiciary question bank

Law of Crimes II (BNSS-CrPC) MCQs for Judiciary, Page 6

Judiciary Law of Crimes II (BNSS-CrPC) questions 126-150 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 126MediumRemand and Custody

A remand order without reasons is problematic because:

  1. A

    Reasons are irrelevant in custody matters

  2. B

    Liberty-restricting orders require visible judicial application of mind

  3. C

    Only appellate courts may write reasons

  4. D

    The accused has no right to know why they are detained

View answer and explanation

Correct answer: B. Liberty-restricting orders require visible judicial application of mind

A speaking remand order helps show that the court did not mechanically endorse executive demand. It is an important part of accountability.

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

Question 127EasyRemand and Custody

The relationship between remand and default bail is that:

  1. A

    Default bail becomes relevant when investigation is not completed within the statutory period while custody continues

  2. B

    Default bail is available the moment FIR is registered

  3. C

    Remand destroys every right to bail

  4. D

    Default bail applies only after conviction

View answer and explanation

Correct answer: A. Default bail becomes relevant when investigation is not completed within the statutory period while custody continues

Default bail is not an abstract doctrine. It becomes concrete when the accused remains in custody and the investigation outlasts the statutory maximum period.

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

Question 128MediumRemand and Custody

If a person is kept in custody without lawful remand, the strongest legal criticism is that the detention is:

  1. A

    Merely irregular but always harmless

  2. B

    Potentially illegal and constitutionally suspect

  3. C

    Automatically a civil compromise

  4. D

    An accepted police practice

View answer and explanation

Correct answer: B. Potentially illegal and constitutionally suspect

Custody requires legal authority. When remand is absent or defective, the detention may violate both statutory procedure and constitutional liberty.

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

Question 129EasyRemand and Custody

Modern BNSS-style reform discourse in relation to remand often includes:

  1. A

    Complete abolition of judicial supervision

  2. B

    Use of audio-video methods to improve production, transparency, and procedural continuity

  3. C

    Automatic denial of counsel

  4. D

    Elimination of records

View answer and explanation

Correct answer: B. Use of audio-video methods to improve production, transparency, and procedural continuity

Digital production tools are intended to increase efficiency and continuity, though they must still preserve fairness and meaningful judicial interaction.

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

Question 130EasyRemand and Custody

Remand should never be treated as:

  1. A

    A procedural request subject to judicial scrutiny

  2. B

    An interim measure pending investigation or trial

  3. C

    A substitute for punishment before guilt is proved

  4. D

    A liberty-restricting order

View answer and explanation

Correct answer: C. A substitute for punishment before guilt is proved

Pre-trial detention is not punishment. Treating remand punitively would undermine the presumption of innocence.

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

Question 131EasyBail in Bailable and Non-Bailable Offences

The traditional judicial approach to bail in ordinary criminal process is often summarised by the phrase:

  1. A

    Conviction first, trial later

  2. B

    Bail is the rule and jail is the exception

  3. C

    No release before appeal

  4. D

    Police custody is the normal condition of liberty

View answer and explanation

Correct answer: B. Bail is the rule and jail is the exception

The phrase captures a constitutional instinct. Pre-trial detention should not become routine where liberty can be protected by appropriate conditions and attendance can be secured.

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

Question 132EasyBail in Bailable and Non-Bailable Offences

In a bailable offence, the entitlement of the accused to be released on bail is generally:

  1. A

    A matter of unguided police grace

  2. B

    Treated as a legal right subject to statutory conditions

  3. C

    Available only after filing of charge-sheet

  4. D

    Dependent entirely on the complainant's approval

View answer and explanation

Correct answer: B. Treated as a legal right subject to statutory conditions

Bailable offences reflect legislative judgment that detention should not ordinarily continue if the accused is willing to comply with the conditions of release.

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

Question 133EasyBail in Bailable and Non-Bailable Offences

In non-bailable offences, the court commonly weighs factors such as:

  1. A

    Only the handwriting of the complaint

  2. B

    Nature of accusation, possibility of flight, tampering, intimidation, and broader fairness considerations

  3. C

    Only the salary of the accused

  4. D

    Whether newspapers support the prosecution

View answer and explanation

Correct answer: B. Nature of accusation, possibility of flight, tampering, intimidation, and broader fairness considerations

Non-bailable does not mean no bail. It means the court must exercise structured discretion by considering seriousness, risk, and fairness.

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

Question 134MediumBail in Bailable and Non-Bailable Offences

Parity in bail means:

  1. A

    If any one accused gets bail, all others must automatically get it

  2. B

    Similarity of role and circumstances may be relevant, but parity is not a mechanical formula

  3. C

    Courts may ignore individual facts

  4. D

    Only women can claim it

View answer and explanation

Correct answer: B. Similarity of role and circumstances may be relevant, but parity is not a mechanical formula

Parity is a useful principle of consistency, but each bail application still depends on role, evidence, antecedents, and risk factors.

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

Question 135EasyBail in Bailable and Non-Bailable Offences

A bail condition should ordinarily be:

  1. A

    Punitive and impossible to satisfy

  2. B

    Connected to securing attendance, preventing misuse of liberty, and preserving the process

  3. C

    Designed to force confession

  4. D

    More severe than the likely sentence

View answer and explanation

Correct answer: B. Connected to securing attendance, preventing misuse of liberty, and preserving the process

Conditions are not to punish the accused before trial. They must be tailored to legitimate procedural concerns.

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

Question 136MediumBail in Bailable and Non-Bailable Offences

The distinction between grant of bail and cancellation of bail is that cancellation usually requires:

  1. A

    No reason at all

  2. B

    Supervening misuse of liberty, interference, absconding, or some serious change of circumstance

  3. C

    Proof that the FIR was lodged late

  4. D

    A civil decree first

View answer and explanation

Correct answer: B. Supervening misuse of liberty, interference, absconding, or some serious change of circumstance

Once liberty has been granted, taking it back ordinarily requires stronger reasons than those involved in the first grant decision.

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

Question 137MediumBail in Bailable and Non-Bailable Offences

Satender Kumar Antil is widely invoked in bail discourse because it emphasises:

  1. A

    Routine incarceration as the preferred model

  2. B

    Need to rationalise arrest and bail practices and avoid unnecessary custody

  3. C

    Abolition of all sureties

  4. D

    That every accused must move the Supreme Court first

View answer and explanation

Correct answer: B. Need to rationalise arrest and bail practices and avoid unnecessary custody

The decision sought to align practice with the constitutional preference for liberty and proportionate use of arrest.

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

Question 138EasyBail in Bailable and Non-Bailable Offences

The ability of the accused to influence witnesses is relevant to bail because it bears on:

  1. A

    The colour of the case diary

  2. B

    The integrity of the investigation and trial process

  3. C

    The final salary of the investigating officer

  4. D

    The territorial jurisdiction of every court

View answer and explanation

Correct answer: B. The integrity of the investigation and trial process

Bail adjudication is not only about the accused's convenience. It also protects the integrity of evidence and the freedom of witnesses to speak without fear.

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

Question 139MediumBail in Bailable and Non-Bailable Offences

If the prosecution opposes bail solely by invoking the seriousness of the offence without addressing risk, the court should ordinarily:

  1. A

    Treat seriousness as the only possible criterion

  2. B

    Still examine flight risk, tampering, antecedents, and the overall need for custody

  3. C

    Dismiss the application without reasons

  4. D

    Direct conviction immediately

View answer and explanation

Correct answer: B. Still examine flight risk, tampering, antecedents, and the overall need for custody

Seriousness matters, but it is not the entire inquiry. Bail jurisprudence remains a risk-and-fairness inquiry rather than a pre-conviction punishment model.

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

Question 140EasyBail in Bailable and Non-Bailable Offences

The strongest conceptual reason why bail remains important even after charge-sheet is filed is that:

  1. A

    Filing of charge-sheet is equivalent to proof of guilt

  2. B

    The accused continues to enjoy the presumption of innocence until conviction

  3. C

    The trial always ends within one day

  4. D

    The State loses all power after charge-sheet

View answer and explanation

Correct answer: B. The accused continues to enjoy the presumption of innocence until conviction

Completion of investigation does not convert accusation into guilt. Liberty continues to matter until guilt is proved by a lawful adjudicatory process.

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

Question 141EasyAnticipatory Bail

Anticipatory bail is best understood as:

  1. A

    Post-conviction suspension of sentence

  2. B

    Pre-arrest protection against unjustified detention, subject to judicial conditions

  3. C

    Automatic acquittal on request

  4. D

    A power available only to the police

View answer and explanation

Correct answer: B. Pre-arrest protection against unjustified detention, subject to judicial conditions

Anticipatory bail exists to protect liberty at the stage when arrest is apprehended. It does not extinguish investigation, but it restrains unnecessary custodial action.

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

Question 142MediumAnticipatory Bail

Gurbaksh Singh Sibbia is central to anticipatory bail law because it rejects:

  1. A

    Any judicial discretion in bail matters

  2. B

    Rigid, inflexible limitations not found in the statute

  3. C

    The role of the High Court

  4. D

    The concept of personal liberty

View answer and explanation

Correct answer: B. Rigid, inflexible limitations not found in the statute

Sibbia emphasised that anticipatory bail is a discretionary but valuable protection for liberty, and courts should not add extra-statutory rigidity to it.

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

Question 143EasyAnticipatory Bail

The grant of anticipatory bail does not ordinarily mean that:

  1. A

    The accused is protected from unjustified arrest

  2. B

    The police may still investigate

  3. C

    The accused is declared innocent without trial

  4. D

    The court may impose cooperation conditions

View answer and explanation

Correct answer: C. The accused is declared innocent without trial

Anticipatory bail does not decide guilt. It only regulates the arrest dimension of the criminal process pending proper investigation and trial.

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

Question 144EasyAnticipatory Bail

A common condition attached to anticipatory bail is that the applicant shall:

  1. A

    Destroy all documents before appearing

  2. B

    Cooperate with investigation and remain available for interrogation as required by law

  3. C

    Leave the country immediately

  4. D

    Avoid all contact with court process

View answer and explanation

Correct answer: B. Cooperate with investigation and remain available for interrogation as required by law

Courts balance liberty with investigation needs by requiring cooperation, attendance, and non-interference with evidence.

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

Question 145MediumAnticipatory Bail

Sushila Aggarwal is associated with the proposition that anticipatory bail:

  1. A

    Must invariably be time-limited in every case

  2. B

    Need not be invariably restricted by a fixed short duration rule

  3. C

    Can be granted only after charge is framed

  4. D

    Is unavailable in every serious offence

View answer and explanation

Correct answer: B. Need not be invariably restricted by a fixed short duration rule

The Court resisted a mechanical rule that every anticipatory bail order must expire after a brief period. The focus remains on case-specific discretion.

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

Question 146MediumAnticipatory Bail

The mere seriousness of accusation in anticipatory bail matters:

  1. A

    Automatically bars the remedy

  2. B

    Is relevant but not by itself decisive in every case

  3. C

    Requires conviction before hearing

  4. D

    Makes constitutional liberty irrelevant

View answer and explanation

Correct answer: B. Is relevant but not by itself decisive in every case

Courts consider seriousness along with the role of the applicant, risk of misuse, need for custodial interrogation, and possibility of false implication.

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

Question 147EasyAnticipatory Bail

Anticipatory bail can be cancelled if:

  1. A

    The accused obeys every condition

  2. B

    The accused misuses liberty, threatens witnesses, or otherwise violates the basis on which protection was granted

  3. C

    The trial has not begun within one week

  4. D

    The complainant changes lawyers

View answer and explanation

Correct answer: B. The accused misuses liberty, threatens witnesses, or otherwise violates the basis on which protection was granted

Like ordinary bail, anticipatory bail is conditional liberty. Abuse of that liberty can justify its withdrawal.

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

Question 148MediumAnticipatory Bail

A blanket anticipatory bail order is usually viewed with caution because it may:

  1. A

    Protect the rule of law too much

  2. B

    Shield unknown future offences and obstruct proper judicial evaluation

  3. C

    Reduce typing work in courts

  4. D

    Replace the need for investigation forever

View answer and explanation

Correct answer: B. Shield unknown future offences and obstruct proper judicial evaluation

Courts prefer relief linked to a real apprehended accusation, not an abstract immunity against all possible future cases.

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

Question 149MediumAnticipatory Bail

The presence of civil elements in a dispute may be relevant to anticipatory bail because:

  1. A

    Civil elements always destroy criminality

  2. B

    They may indicate the risk of criminal process being used for pressure, though each case depends on facts

  3. C

    Civil law automatically bars FIR registration

  4. D

    Anticipatory bail is available only in property cases

View answer and explanation

Correct answer: B. They may indicate the risk of criminal process being used for pressure, though each case depends on facts

Courts often examine whether criminal law is being used as a debt-recovery or bargaining tool, but the mere civil flavour is not by itself conclusive.

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

Question 150EasyAnticipatory Bail

The strongest theoretical basis for anticipatory bail is that criminal procedure should:

  1. A

    Treat arrest as routine punishment

  2. B

    Preserve liberty against needless or vindictive arrest while allowing lawful investigation to continue

  3. C

    Avoid judicial oversight

  4. D

    Prefer custody over conditions in all cases

View answer and explanation

Correct answer: B. Preserve liberty against needless or vindictive arrest while allowing lawful investigation to continue

Anticipatory bail embodies the idea that arrest is a procedural tool, not a default punishment. Liberty may be protected without derailing investigation.

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

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