Law of Crimes II (BNSS-CrPC) MCQs for Judiciary, Page 9

Correct answer: B. Bail, bail bond, audio-video electronic means, electronic communication, and bond

The BNSS 2023 introduced several new definitions that were not in the CrPC 1973. Section 2(1)(b) defines 'bail', Section 2(1)(d) defines 'bail bond', Section 2(1)(e) defines 'bond', Section 2(1)(a) defines 'audio-video electronic means', and Section 2(1)(i) defines 'electronic communication'. These additions reflect the BNSS's emphasis on technology-enabled criminal procedure and formally codify bail-related terminology that previously existed only in practice. Definitions like cognizable offence, complaint, police report, investigation, and inquiry existed in the CrPC 1973 and were carried forward with minor modifications.

Source note: Section 2, Bharatiya Nagarik Suraksha Sanhita 2023; Comparison Summary BNSS-CrPC

Correct answer: B. An act or omission of the accused person, broadening the definition to include harm from the accused's act or omission (not limited to the offence for which the accused has been charged as in CrPC)

The BNSS 2023 Section 2(1)(y) modified the CrPC definition of victim. The CrPC Section 2(wa) defined victim as 'a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged.' The BNSS changes the phrase from 'for which the accused person has been charged' to 'of the accused person', thereby widening the definition to include harm from the accused's act or omission even beyond the specific charge. This broader definition strengthens victim-centric justice which is a stated objective of the BNSS.

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

Correct answer: B. Judicial Magistrate of the Third Class, Metropolitan Magistrate, and Assistant Sessions Judge

The BNSS 2023 abolished three categories of courts that existed under the CrPC 1973: (1) Judicial Magistrate of the Third Class; (2) Metropolitan Magistrate (references to Metropolitan areas and Metropolitan Magistrates are excluded throughout the BNSS); and (3) Assistant Sessions Judge. Consequential amendments were made in Sections 8, 11, 12, 14, 17, 22, 29, 113, 196, 214, 320, 321, 415, 422, and 436 of the BNSS. This rationalisation of court hierarchy reflects the BNSS objective of streamlining the criminal justice administration.

Source note: Section 6 and 8, BNSS 2023; Comparison Summary

Correct answer: B. Police officers of the rank of Superintendent of Police or equivalent can be appointed as Special Executive Magistrates by the State Government

Section 15 BNSS 2023 (corresponding to Section 21 CrPC) introduced a new addition: the State Government may appoint police officers of the rank of Superintendent of Police or equivalent as Special Executive Magistrates. This was not present in the CrPC 1973. This provision expands the category of persons who can exercise executive magistracy powers to senior police officers, raising concerns among some legal scholars about the separation of police and magisterial functions which the CrPC had tried to maintain.

Source note: Section 15, BNSS 2023; Comparison Summary

Correct answer: B. It added the establishment of a District Directorate of Prosecution and introduced new subsections regarding its functions and organisation

Section 20 BNSS 2023 (corresponding to Section 25A CrPC) added a new subsection 1(b) specifically providing for the establishment of a District Directorate of Prosecution. It also added new subsections (8), (9), (10), and (11) regarding the Directorate. This expansion of the Directorate of Prosecution down to the district level reflects the BNSS's aim to strengthen public prosecution as an institutional function, ensuring more professional management of criminal prosecutions at the district level.

Source note: Section 20, BNSS 2023

Correct answer: D. It both codifies Zero FIR and prevents police from refusing FIR registration on territorial-jurisdiction grounds

Section 173(1) BNSS 2023 added the words 'irrespective of the area where the offence is committed' to the FIR provision. This has two effects: (1) it codifies the concept of Zero FIR, which the Supreme Court had recognised in practice, allowing any police station to register the FIR regardless of territorial jurisdiction; and (2) it prevents police from refusing to register an FIR on the ground that the offence occurred in another police station's jurisdiction. The FIR must be transferred to the jurisdictional police station after registration. This provision significantly expands access to the criminal justice system.

Source note: Section 173(1), BNSS 2023; Lalita Kumari v. Govt. of UP (2014)

Correct answer: B. Shall be taken on record by the officer in charge and signed by the informant within 3 days; this is called eFIR and is as valid as a physically registered FIR

Section 173(1)(ii) BNSS 2023 is a new provision allowing FIR by electronic communication (eFIR). The officer in charge must take it on record when received and the informant must sign it within a reasonable time. This provision was absent from the CrPC 1973, which only contemplated oral or written FIRs. The eFIR provision reflects the BNSS objective of making criminal procedure technology-compatible and addresses the reality that in modern India, most communication happens digitally. eFIRs are particularly useful for cybercrime reports and reports from persons who cannot physically visit a police station.

Source note: Section 173(1)(ii), BNSS 2023

Correct answer: B. Cognizable offences punishable with imprisonment of 3 years or more but less than 7 years; for offences punishable with 7 years or more, FIR must be registered immediately without preliminary inquiry

Section 173(3) BNSS 2023 is a new provision codifying the Supreme Court's ruling in Lalita Kumari v. Govt. of UP (2014). It allows preliminary inquiry before FIR registration specifically for cognizable offences punishable with 3 years or more but less than 7 years, to ascertain whether a prima facie case exists. For serious offences of 7 years or more, mandatory FIR registration without preliminary inquiry continues. The preliminary inquiry cannot be used to verify the truthfulness of the information but only to determine if a cognizable offence is disclosed.

Source note: Section 173(3), BNSS 2023; Lalita Kumari v. Govt. of UP 2014

Correct answer: B. Send the substance of information by post to the Superintendent of Police; if still not acted upon, make an application to the Magistrate.

Section 173(4) BNSS 2023 added new words 'failing which such aggrieved person may make an application to the Magistrate', codifying the remedy available to persons whose FIR is refused. The sequence of remedies is: (1) send substance of information in writing to the Superintendent of Police; (2) if the SP does not act, make an application to the Magistrate under the newly added provision. This builds on the CrPC framework where Section 156(3) was the Magistrate remedy, and adds it directly into the FIR section for clarity and accessibility.

Source note: Section 173(4), BNSS 2023

Correct answer: B. Police cannot investigate without the order of a Magistrate; the police officer shall refer the informant to the Magistrate.

Section 176 BNSS 2023 retains the CrPC position on non-cognizable cases: the police officer who receives information about a non-cognizable offence must refer the informant to the Magistrate. The police cannot investigate a non-cognizable offence without the Magistrate's order under Section 176. When police receive such information, they enter it in a book but cannot take further investigative steps. This distinction between cognizable (police can investigate and arrest without Magistrate order) and non-cognizable (Magistrate order required) is a foundational classification in criminal procedure.

Source note: Section 176, BNSS 2023

Correct answer: B. Restricted: under BNSS, a Magistrate receiving a complaint may order police investigation, but the BNSS adds a proviso restricting the Magistrate's power to order further investigation after filing of a police report if trial has commenced

Section 179 BNSS 2023 generally corresponds to Section 156 CrPC regarding Magistrate's power to order police investigation. The BNSS introduced restrictions on the Magistrate's power to order further investigation after the trial has commenced, limiting the scope of the Section 156(3) equivalent power that was frequently invoked in the CrPC era. The BNSS aim is to prevent misuse of Magistrate investigation orders to delay trials that have already commenced, while preserving the power for pre-trial investigation orders.

Source note: Section 179, BNSS 2023

Correct answer: B. The examining officer has the power to record statements through audio-video electronic means; statements are not admissible in evidence except as provided for contradicting a witness

Section 183 BNSS 2023 retains the core CrPC principle that statements recorded by police during investigation are not admissible in evidence, except for the purpose of contradicting the witness (corresponding to Section 162 CrPC). The new addition is that the examining officer may record statements through audio-video electronic means, reflecting the BNSS emphasis on digital investigation methods. This audio-video recording provision is designed to prevent manipulation or fabrication of statements and to create a verifiable record of what was actually stated to the police.

Source note: Section 183, BNSS 2023

Correct answer: B. A registered medical practitioner must conduct examination at the request of the police without delay; failure to comply is an offence; and consent of the woman must be obtained

Section 184 BNSS 2023 (corresponding to Section 164A CrPC) provides for medical examination of rape victims. A registered medical practitioner (at a government hospital or any other hospital with the consent of the woman) shall examine the woman without delay at the request of the police. The examination is to be conducted within 24 hours of the request. The practitioner must prepare a detailed report. Delay or refusal to conduct examination without adequate cause is an offence under the BNSS. The provision strengthens forensic evidence collection in sexual offence cases.

Source note: Section 184, BNSS 2023

Correct answer: B. No fixed outer limit; however the BNSS, like CrPC, provides that the chargesheet must be filed within the period of remand, failing which the accused is entitled to default bail under Section 187; different offences have different default bail periods (60 days for serious offences, 90 days for death penalty offences, 60 days for others)

Section 193 BNSS 2023 corresponds to Section 173 CrPC on police reports. The BNSS does not prescribe a single fixed deadline for all chargesheets. Instead, the consequence of non-filing is triggered through Section 187 BNSS (corresponding to Section 167 CrPC): if the chargesheet is not filed within the remand period (60 days for offences punishable with imprisonment less than 10 years; 90 days for offences punishable with death, life imprisonment, or 10 years or more), the accused is entitled to default bail as a statutory right.

Source note: Sections 193 and 187, BNSS 2023

Correct answer: B. The accused and the victim or informant; the BNSS specifically added that a copy must be given free of cost to the informant or victim, strengthening victim participation rights

Section 193(2) BNSS 2023 strengthens the rights of victims in the criminal justice system. Not only must the police report be forwarded to the Magistrate and a copy given to the accused, but under the BNSS the copy must also be given to the informant or victim free of cost. This victim-centric addition ensures that victims are informed of the police's conclusions about the case before the Magistrate takes cognizance, enabling victims to participate effectively in subsequent proceedings including by filing protest petitions.

Source note: Section 193(2), BNSS 2023

Correct answer: B. When a reasonable complaint, credible information, or reasonable suspicion exists that a person has committed a cognizable offence; for petty offences the police must issue a notice under Section 35(3) instead of arresting

Section 35 BNSS 2023 corresponds to Section 41 CrPC and retains the principle that arrest without warrant is permissible for cognizable offences based on reasonable complaint, credible information, or reasonable suspicion. Section 35(3) BNSS importantly provides that for offences where imprisonment is up to 3 years and where no prior conviction exists, the officer must issue a notice to appear instead of making a physical arrest. This notice-before-arrest provision was present in Section 41A CrPC and is continued in the BNSS with emphasis on proportionality in arrest decisions.

Source note: Section 35, BNSS 2023

Correct answer: B. When arrest is not required under Section 35(1) BNSS; the officer must issue a written notice directing the person to appear.

Section 37 BNSS 2023 corresponds to Section 41A CrPC and provides for notice of appearance. Where arrest is not mandatory under Section 35(1), the police must issue a notice directing the person to appear. If the person complies with the notice, the officer cannot arrest them without prior approval of an officer not below the rank of Deputy Superintendent of Police. This provision implements the Supreme Court's direction in Arnesh Kumar v. State of Bihar (2014) to prevent unnecessary arrests and was carried forward from Section 41A CrPC into the BNSS framework.

Source note: Section 37, BNSS 2023; Arnesh Kumar v. State of Bihar (2014)

Correct answer: B. A person commits a non-bailable and cognizable offence in his presence, or is a proclaimed offender; the private person must hand over the arrested person to the police without unnecessary delay

Section 43 BNSS 2023 retains the CrPC provision on arrest by private persons. A private person (non-police) may arrest a person who commits a non-bailable and cognizable offence in his presence, or who is a proclaimed offender. After arrest the private person must without unnecessary delay hand over the arrested person to the nearest police officer or take them to the nearest police station. The private person's power to arrest is limited to these specific situations and does not extend to suspected offences or lesser offences.

Source note: Section 43, BNSS 2023

Correct answer: B. Immediately inform the arrested person of the grounds of arrest and the right to bail if the offence is bailable; this right also flows from Article 22(1) of the Constitution

Section 47 BNSS 2023 requires that any person arrested must be immediately informed of the grounds of arrest and, in the case of a bailable offence, of his right to be released on bail. This provision implements the constitutional guarantee under Article 22(1) which mandates that a person arrested cannot be detained without being informed of the grounds of arrest as soon as possible. The Supreme Court in D.K. Basu v. State of West Bengal (1997) laid down detailed guidelines for lawful arrest, most of which are now codified in the BNSS.

Source note: Section 47, BNSS 2023; Article 22(1) Constitution; D.K. Basu v. State of West Bengal (1997)

Correct answer: B. The police officer must inform a nominated person (friend, relative, or person known to the arrested person) of the arrest and place of detention; this must be communicated as soon as practicable; failure to comply is an irregularity

Section 48 BNSS 2023 corresponds to Section 50A CrPC and is mandatory: the police officer must inform a person nominated by the arrested person of the arrest and the place of custody as soon as practicable. The police must also maintain an entry in a book about such notification. This provision, introduced in CrPC by the Criminal Procedure (Amendment) Act 2008 and continued in BNSS, implements the D.K. Basu guidelines and ensures that secret detention or incommunicado detention is prevented.

Source note: Section 48, BNSS 2023

Correct answer: B. A registered medical practitioner at the request of the police officer not below the rank of sub-inspector, to determine facts bearing on the offence; the BNSS adds that such examination may be conducted using modern and scientific techniques

Section 53 BNSS 2023 corresponds to Section 54 CrPC on medical examination of arrested persons. The key BNSS addition is that the examination may be conducted 'using modern and scientific techniques including DNA profiling.' This addition reflects the BNSS's emphasis on scientific investigation and aligns with the Supreme Court's direction in Selvi v. State of Karnataka (2010) on forensic evidence. The examining doctor prepares a report which is forwarded to the Magistrate with a copy to the arrested person.

Source note: Section 53, BNSS 2023

Correct answer: B. 24 hours of arrest, excluding the time necessary for the journey from the place of arrest to the Magistrate's court; this is a constitutional mandate under Article 22(2)

Section 58 BNSS 2023 retains the fundamental safeguard from Section 57 CrPC: a person arrested without warrant cannot be detained in custody for more than 24 hours without being produced before a Magistrate. This 24-hour rule is also a constitutional mandate under Article 22(2) of the Constitution. The 24 hours excludes the time necessary for the journey from the place of arrest to the Magistrate's court. Any detention beyond 24 hours without production before a Magistrate is illegal and the detainee is entitled to be released.

Source note: Section 58, BNSS 2023; Article 22(2), Constitution of India

Correct answer: B. 90 days for offences punishable with death, life imprisonment, or imprisonment for 10 years or more; 60 days for all other cognizable offences.

Section 187(2) BNSS 2023 provides for default bail: if police fail to file the chargesheet within 90 days (for offences punishable with death, life imprisonment, or 10 years or more) or 60 days (for other cognizable offences), the accused is entitled to be released on bail. This is an indefeasible statutory right as held in Hussainara Khatoon v. State of Bihar (1979) and Sanjay Dutt v. State through CBI (1994). The right to default bail accrues the moment the period expires; subsequent filing of chargesheet does not defeat the right if the accused has already applied for bail.

Source note: Section 187(2), BNSS 2023; Hussainara Khatoon v. Bihar (1979)

Correct answer: B. 15 days at a time in the first instance, extendable beyond this; the total period of remand is capped at 90 days (for serious offences) or 60 days (for other offences).

Section 187(1) BNSS 2023 provides that the Magistrate may authorise detention in police or judicial custody in periods not exceeding 15 days at a time. The cumulative cap is 90 days (for offences punishable with death, life imprisonment or 10 years or more) or 60 days (other offences), after which default bail must be granted. The BNSS importantly modified the CrPC position by allowing the initial 15-day period of police custody to be split across multiple periods of less than 15 days during the first 40 or 60 day period, addressing the practical requirement for investigation of complex offences.

Source note: Section 187(1), BNSS 2023

Correct answer: B. As a matter of right; the police or court must release the person on bail upon their appearing or being brought before the police or court.

Section 479 BNSS 2023 retains the principle that in bailable offences, bail is a matter of right, not discretion. When a person accused of a bailable offence appears or is brought before a police officer or court, the officer or court must release him on bail. The BNSS retained the CrPC Section 436 framework but clarified that if the accused is unable to furnish sureties the court may release him on his own bond (personal recognisance). The right to bail in bailable offences is absolute and cannot be withheld even if the investigating officer considers the accused dangerous.

Source note: Section 479, BNSS 2023