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Past Questions — 2025
Under which Section of the BNSS, 2023 the State Government can authorize to appoint a special executive magistrate?
A)
Section 14
B)
Section 15
C)
Section 16
D)
Section 17
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the appointment of magistrates is detailed in Chapter II. Section 15 specifically empowers the State Government to appoint any person who holds a government office to be a Special Executive Magistrate.
Breakdown of the options:
- Section 14: Deals with the appointment of Executive Magistrates.
- Section 15: Specifically deals with the appointment of Special Executive Magistrates.
- Section 16: Deals with the local jurisdiction of Executive Magistrates.
- Section 17: Deals with the subordination of Executive Magistrates.
Therefore, the correct section for the appointment of a Special Executive Magistrate is Section 15.
Who, according to Section 2(28) of the BNS, 2023, is not a public servant:
A)
A commissioned officer in Indian Army, Navy, and Air Force
B)
An arbitrator to whom any cause has been referred for adjudication by the court of justice
C)
An officer, who, by virtue of his office, is empowered to place or keep any person in confinement
D)
An advocate, who practices law in a court of justice
Section 2(28) of the Bharatiya Nyaya Sanhita (BNS), 2023, defines 'public servant'. This definition is largely carried over from Section 21 of the Indian Penal Code (IPC).
1. Option (a) is a public servant: Commissioned officers in the military forces are explicitly included in the definition of public servants.
2. Option (b) is a public servant: An arbitrator to whom a cause has been referred for adjudication by a court of justice is specifically listed as a public servant.
3. Option (c) is a public servant: Any officer empowered by office to place or keep any person in confinement (such as jail wardens or police officers) is a public servant.
4. Option (d) is NOT a public servant: An advocate practicing law in a court of justice is a legal professional and an officer of the court, but they are not appointed to a public office or employed by the government in a capacity that fits the statutory definition of a 'public servant' under Section 2(28) of the BNS.
Which of the following is not “Grievous Hurt”?
A)
Permanent privation of the hearing of either ear
B)
Dislocation of a tooth
C)
Emasculation
D)
Any hurt which causes the sufferer bodily pain for ten days
Under the Bharatiya Nyaya Sanhita (BNS), 2023 (which retains the definitions of 'Grievous Hurt' from the previous IPC), specific injuries are categorized as 'grievous'.
1. Option (a) 'Permanent privation of the hearing of either ear' is explicitly listed as grievous hurt.
2. Option (b) 'Dislocation of a tooth' (or fracture/dislocation of a bone or tooth) is explicitly listed as grievous hurt.
3. Option (c) 'Emasculation' is the first category listed under grievous hurt.
4. Option (d) is incorrect because the law specifies that for hurt to be 'grievous' based on the duration of pain or inability to follow ordinary pursuits, the period must be for a term of TWENTY days, not ten days. Therefore, bodily pain for only ten days does not meet the statutory threshold for 'Grievous Hurt'.
‘Witness Protection Scheme’ has been introduced in Section 398 of the BNSS, 2023 and has entrusted the duty to notify the same to:
A)
Ministry of Law, Government of India
B)
Ministry of Home Affairs, Government of India
C)
State Government
D)
Supreme Court of India
Section 398 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, deals with the 'Witness Protection Scheme'. According to the provision of this section, the State Government is entrusted with the duty to prepare and notify a Witness Protection Scheme for the protection of witnesses. The section specifies that the State Government shall notify such a scheme, which may be based on the guidelines laid down by the Central Government or as per the specific requirements of the state to ensure that witnesses can testify without fear or intimidation.
- Option (a) and (b) are incorrect because while the Central Government may provide guidelines, the statutory duty to notify and implement the scheme under Section 398 lies with the State Government.
- Option (d) is incorrect because the Supreme Court provides judicial oversight and has previously laid down guidelines (e.g., in the case of Mahender Chawla v. Union of India), but the BNSS specifically assigns the administrative duty of notification to the State Government.
Which is not an offence against the public tranquility?
A)
Riot
B)
Affray
C)
Unlawful assembly
D)
Assault
Under the Bharatiya Nyaya Sanhita (BNS) 2023 (and previously under the IPC), offences are categorized based on the nature of the harm caused.
1. Offences against Public Tranquility: These are crimes that disturb the peace and order of society at large. This category specifically includes:
- Unlawful Assembly (Option c): When a group gathers with a common object to commit an illegal act.
- Rioting (Option a): When an unlawful assembly uses force or violence.
- Affray (Option b): When two or more persons fight in a public place, disturbing the public peace.
2. Offences against the Human Body: Assault (Option d) is categorized as an offence against the human body. It is a crime directed at a specific individual (creating an apprehension of force) rather than a crime intended to disturb the general peace and tranquility of the public.
Therefore, Assault is not an offence against public tranquility.
Which of the following areas have been defined as ‘tribal araes’ in the BNSS, 2023?
A)
All tribal areas in India
B)
The tribal areas defined after 1972
C)
The tribal areas covered under Fifth Schedule of the Constitution of India
D)
The territories which immediately before 21.10.1972 were included in the tribal areas of Assam, other than those within the local limits of Shillong Municipality
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the definition of 'tribal areas' is maintained consistently with the previous procedural law (CrPC). Specifically, the BNSS provides that 'tribal areas' means the territories which immediately before the 21st day of October, 1972, were included in the tribal areas of Assam, other than those within the local limits of Shillong Municipality. This specific definition is used to determine the applicability of certain provisions of the code in those regions. Option (a) is too broad; Option (b) is chronologically incorrect; and Option (c) refers to the Fifth Schedule, which is a constitutional classification but not the specific definition used for 'tribal areas' within the context of this procedural statute.
Electronic records produced before the court are:
A)
Oral evidence
B)
Documentary evidence
C)
Ordinary evidence
D)
Technical evidence
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaces the Indian Evidence Act, 1872, the definition of 'document' has been expanded to explicitly include electronic and digital records. Section 2(1)(d) of the BSA 2023 defines a 'document' as any matter expressed or described upon any substance by means of letters, figures or marks, and specifically includes electronic records. Since electronic records fall under the definition of a 'document', any evidence produced in the form of an electronic record is classified as 'Documentary evidence'.
Why other options are incorrect:
- a. Oral evidence: This refers to statements made by witnesses in court, not records or documents.
- c. Ordinary evidence: This is not a formal legal classification of evidence types under the BSA.
- d. Technical evidence: While electronic records involve technology, the legal classification for the purpose of admissibility and production in court is 'Documentary evidence'.
Confidential Communication with whom of the following is protected under the BSA, 2023?
A)
To Magistrate
B)
To Police Officer
C)
To Legal Advisor
D)
To Revenue Officer
Under the Bharatiya Sakshya Adhiniyam (BSA), 2023, the principle of 'Professional Communication' is maintained to protect the confidentiality between a client and their legal advisor. This is a continuation of the principle previously found in the Indian Evidence Act, 1872 (Section 126).
1. **Professional Communication (Legal Advisor):** The law protects communications made in the course of employment between a client and their legal advisor. A legal advisor cannot be compelled to disclose any communication made to them by their client, or advice given by them to their client, without the express consent of the client. This ensures that individuals can seek honest legal counsel without fear that their disclosures will be used against them in court.
2. **Why other options are incorrect:**
- **Magistrate (a):** Communications to a Magistrate are generally for the purpose of judicial proceedings or reporting crimes and are not protected by 'professional privilege'.
- **Police Officer (b):** Statements made to police officers are not protected as 'confidential communications'; in fact, they are often subject to specific rules regarding admissibility (and are often inadmissible as substantive evidence unless they lead to a discovery).
- **Revenue Officer (d):** Communications to a Revenue Officer are administrative or statutory in nature and do not carry the legal privilege associated with the attorney-client relationship.
Which Section of the BSA, 2023 deals only with civil matters?
A)
Section-21
B)
Section-22
C)
Section-23
D)
Section-24
The Bharatiya Sakshya Adhiniyam (BSA), 2023, is the new act replacing the Indian Evidence Act, 1872. Section 22 of the BSA, 2023, corresponds to Section 32(1) of the old Indian Evidence Act. It deals with statements made by persons who cannot be called as witnesses, specifically focusing on statements made in the ordinary course of business, such as entries in books of account, wills, or professional records. These types of evidence are primarily used in civil proceedings to prove transactions, ownership, or obligations. In contrast, other sections mentioned (like Section 21 or 23) deal with broader categories of dying declarations or statements made under specific circumstances that are frequently applied in criminal trials (e.g., homicide or bodily harm). Therefore, Section 22 is the one most specifically aligned with the documentation and records typical of civil matters.
How many sections and schedules are there in the BNSS, 2023?
A)
484 Sections and 2 Schedules
B)
511 Sections and 2 Schedules
C)
531 Sections and 2 Schedules
D)
532 Sections and 2 Schedules
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, was enacted to replace the Code of Criminal Procedure (CrPC), 1973. The BNSS, 2023 consists of 531 sections and 2 schedules.
Comparing this to the options:
- Option (a) 484 sections refers to the number of sections in the old CrPC, 1973.
- Option (b) 511 sections is incorrect.
- Option (c) 531 sections and 2 schedules is the correct structure of the BNSS, 2023.
- Option (d) 532 sections is incorrect.
Robbery becomes dacoity when committed conjointly by:
A)
Two persons
B)
More than two persons but less than five persons
C)
Five persons or more
D)
At least ten persons
Under the Bharatiya Nyaya Sanhita (BNS), 2023, the definition of dacoity remains consistent with the principle established in the previous Indian Penal Code (IPC). Dacoity is essentially a robbery committed by a group. The legal threshold that distinguishes 'robbery' from 'dacoity' is the number of persons involved. Specifically, when five or more persons conjointly commit or attempt to commit a robbery, or when the robbery is committed by one or more persons but five or more persons are present and aiding in the commission of the robbery, it is termed as 'dacoity'.
- Option (a) is incorrect because two persons committing robbery is still classified as robbery.
- Option (b) is incorrect because any number less than five does not meet the statutory requirement for dacoity.
- Option (d) is incorrect because the law requires a minimum of five, not ten.
Which section of the BSA, 2023 provides that no particular number of witnesses shall in any case be required for the proof of any fact?
A)
Section 136
B)
Section 137
C)
Section 138
D)
Section 139
The Bharatiya Sakshya Adhiniyam (BSA), 2023, is the new legislation replacing the Indian Evidence Act, 1872. Section 138 of the BSA, 2023, explicitly states that 'no particular number of witnesses shall in any case be required for the proof of any fact.' This principle ensures that the court focuses on the quality and reliability of the evidence (the weight of the evidence) rather than the quantity of witnesses. This provision is a direct carry-over from Section 134 of the Indian Evidence Act, 1872.
Breakdown of options:
- Section 136: Deals with the competency of witnesses.
- Section 137: Deals with the order of production and examination of witnesses.
- Section 138: Correct. It specifies that no particular number of witnesses is required for proof of a fact.
- Section 139: Deals with the judge's power to put questions to witnesses.
The court cannot take judicial notice of which fact?
A)
Any news item published in the newspaper
B)
The existence of titles recognized by the Government of India
C)
The territories under the dominant of the Government of India
D)
The rule of the road and land or at sea
Under the Indian Evidence Act (and similar common law jurisdictions), 'Judicial Notice' refers to facts that are so notorious or clearly established that they do not require formal proof by evidence. Section 56 of the Indian Evidence Act specifies facts that courts must take judicial notice of.
1. Option (b), (c), and (d) are typically listed under the categories of facts that a court can take judicial notice of:
- The territories of the Government of India (Option c) and titles recognized by the Government (Option b) are matters of official state record and sovereignty.
- Rules of the road, land, or sea (Option d) are considered matters of common knowledge or established law/regulation.
2. Option (a), 'Any news item published in the newspaper,' is NOT a matter of judicial notice. Newspaper reports are generally considered 'hearsay' evidence. If a party wishes to rely on a news report in court, it must be proved by producing the newspaper and calling the author or publisher as a witness, or by other admissible means. The court cannot simply assume a news report is an absolute truth without evidence.
Which one of the following statements is not true?
A)
For an unlawful assembly the number of persons must be five or more
B)
Mere presence of a person at the scene of offence does not make him a member of an unlawful assembly
C)
An assembly which was not unlawful when it assembled may subsequently become an unlawful assembly
D)
When the accused person are charged for committing mischief and for rioting separately, the acquittal from charge of mischief would entail automatically acquittal from charge of rioting
Step-by-step analysis of the options based on the Bharatiya Nyaya Sanhita (BNS) 2023 (and the corresponding principles from the IPC):
1. **Option (a) is TRUE**: Under the law, an 'unlawful assembly' requires a minimum of five or more persons.
2. **Option (b) is TRUE**: Legal precedent establishes that mere presence at the scene of an offence does not automatically make a person a member of an unlawful assembly; there must be a common object or intent to join the assembly.
3. **Option (c) is TRUE**: An assembly that begins peacefully can become 'unlawful' if the members subsequently adopt a common object that falls under the legal definition of an unlawful assembly.
4. **Option (d) is NOT TRUE**: Rioting is the act of using force or violence in prosecution of the common object of an unlawful assembly. Mischief is a separate offence. While rioting often involves mischief, they are distinct legal charges. An acquittal for 'mischief' (damage to property) does not automatically result in an acquittal for 'rioting' (the act of violent assembly), as the elements of the crimes are different. Therefore, this statement is legally incorrect.
Who amongst the following cannot give an order to disperse an assembly by use of civil force?
A)
Executive Magistrate
B)
Officer-in-charge of the police station
C)
Judicial Magistrate First Class
D)
Officer above the rank of Sub-inspector
This question pertains to the powers to disperse an unlawful assembly, as governed by the Code of Criminal Procedure (CrPC) [specifically Section 129 of the CrPC, 1973, and corresponding provisions in the BNSS].
According to the law, the authority to order the dispersal of an assembly using civil or military force is vested in:
1. An Executive Magistrate.
2. An officer in charge of a police station.
3. Any other police officer above the rank of Sub-inspector.
These authorities are tasked with maintaining public order and peace. A Judicial Magistrate First Class (JMFC) is part of the judiciary and is primarily concerned with the adjudication of cases and judicial proceedings. They do not possess the executive or police powers required to command civil force to disperse a crowd in the field. Therefore, a Judicial Magistrate First Class cannot give such an order.
Written proclamation under Section 84 of BNSS, 2023 requiring a person to appear at a specified place and at a specified time shall not be for less than ________ from the date of publishing such proclamation.
A)
7 days
B)
15 days
C)
30 days
D)
60 days
Under Section 84 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which deals with the proclamation for a person absconding, the court may publish a written proclamation requiring the person to appear at a specified place and time. The law explicitly mandates that this period shall not be less than thirty days from the date of publishing such proclamation. This provision is a direct carry-over from Section 82 of the erstwhile Code of Criminal Procedure (CrPC), 1973, maintaining the same statutory timeframe to ensure the absconder has reasonable notice before further legal actions (like attachment of property) are taken. Therefore, option (c) is correct, while options (a), (b), and (d) are incorrect as they do not align with the statutory requirement of 30 days.
To constitute a criminal conspiracy, there must be an agreement between:
A)
At least two persons
B)
At least five persons
C)
At least seven persons
D)
At least three persons
Under the Bharatiya Nyaya Sanhita (BNS), 2023, the provisions regarding criminal conspiracy are maintained similarly to the previous Indian Penal Code (IPC). Criminal conspiracy occurs when two or more persons agree to do, or cause to be done, an illegal act or an act which is not illegal by illegal means. The fundamental requirement for a 'conspiracy' is a meeting of minds (consensus ad idem) between at least two individuals. One person alone cannot conspire with themselves. Therefore, the minimum threshold to constitute a criminal conspiracy is two persons. Options b, c, and d are incorrect as they set an arbitrarily high minimum number of participants that is not required by law.
Provisions relating to ‘plea bargaining’ are found in which Chapter of the BNSS, 2023?
A)
Chapter XX
B)
Chapter XXI
C)
Chapter XXII
D)
Chapter XXIII
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces the Code of Criminal Procedure (CrPC), 1973, organizes its provisions into various chapters. The provisions relating to 'Plea Bargaining' are contained in Chapter XXI (Sections 289 to 300). In the previous CrPC 1973, plea bargaining was located in Chapter XXIA; however, in the restructured BNSS 2023, it is placed in Chapter XXI. Therefore, option (b) is the correct answer. Options (a), (c), and (d) refer to other chapters dealing with different procedural aspects of criminal law.
Proceedings be vitiated if the Magistrate is not empowered?
A)
to issue a search warrant
B)
to hold on inquest
C)
to try an offender summarily
D)
to tender a pardon
In criminal procedure, the authority to conduct a trial is a fundamental jurisdictional requirement. Summary trials are a special procedure reserved for specific types of offenses and only for Magistrates who have been specifically empowered by the High Court or the State Government to act in that capacity. If a Magistrate who is not empowered to try an offender summarily proceeds to do so, it is a jurisdictional error that goes to the root of the proceeding, thereby vitiating the trial (making it void or invalid). In contrast, options (a), (b), and (d) involve procedural or investigative steps where errors are often curable or do not necessarily invalidate the entire subsequent trial proceedings under the principle of 'curability of irregularities' (similar to Section 465 of the CrPC), whereas the lack of power to try a case is a fatal flaw.
In civil cases the BSA, 2023 bestows burden of proof on
A)
The Plaintiff
B)
The Defendant
C)
The State Government
D)
The Court
Under the Bharatiya Sakshya Adhiniyam (BSA), 2023 (which replaces the Indian Evidence Act, 1872), the general principle regarding the burden of proof remains consistent with established legal doctrine. Section 104 of the BSA 2023 (corresponding to Section 101 of the Indian Evidence Act) stipulates that whoever desires a court to give judgment as to any legal right or liability dependent on the existence of certain facts, must prove that those facts exist. In a civil suit, the person who initiates the lawsuit (the Plaintiff) is the one asserting the existence of a right or a liability; therefore, the initial burden of proof lies with the Plaintiff to establish their case.
- Option (b) The Defendant: The burden only shifts to the defendant if the plaintiff provides prima facie evidence, or if the defendant claims a specific exception or affirmative defense.
- Option (c) The State Government: The state is generally not the party bearing the burden of proof in private civil disputes.
- Option (d) The Court: The court is the adjudicating body and does not bear the burden of proving facts; it evaluates the evidence presented by the parties.
Inquiry is conducted by a Magistrate with a view to:
A)
find out a prima facie case
B)
convict the accused
C)
authorize remand of the accused
D)
release the accused
Under the Code of Criminal Procedure (CrPC), an 'inquiry' is defined as every inquiry, other than a trial, conducted under this Code by a Magistrate or Court. The primary purpose of an inquiry is to determine whether there are sufficient grounds (a prima facie case) to proceed with a trial. It is a preliminary stage where the Magistrate examines the evidence and facts to decide if the accused should be discharged or if the case should proceed to the trial stage.
Why other options are incorrect:
- Option (b) 'convict the accused' is incorrect because conviction can only happen during a 'trial', not during an 'inquiry'.
- Option (c) 'authorize remand' is a procedural action taken during the initial production of the accused or during investigation, not the primary objective of a formal inquiry.
- Option (d) 'release the accused' may be a result of an inquiry (discharge), but the overarching purpose of conducting the inquiry is to evaluate the merits of the case (prima facie) to decide whether to release or proceed.
Executive Magistrate can put a party in possession of immovable property:
A)
Upon the police report that a dispute in respect of such property is likely to disturb public peace
B)
If that party is dispossessed unlawfully
C)
If the rival party denies to deliver possession of a property though such party is owner of it
D)
Upon the police report that a dispute in respect of such property is likely to disturb public tranquility
This question pertains to the powers of an Executive Magistrate under the Code of Criminal Procedure (CrPC), specifically regarding disputes over immovable property (Sections 145-148).
1. **Legal Basis**: Under Section 145 of the CrPC, when an Executive Magistrate is satisfied that a dispute over land or water is likely to cause a 'breach of peace' or disturb 'public tranquility', they can intervene to prevent violence.
2. **Possession Power**: If the Magistrate finds that a party was forcibly and wrongfully dispossessed within two months before the date of the preliminary order, the Magistrate may treat that party as being in possession, even if they are not physically present on the land at that moment.
3. **Trigger for Action**: The process is typically initiated based on a police report or information received that the dispute is likely to disturb public tranquility/peace.
4. **Analysis of Options**:
- Option (a) uses 'public peace', which is close, but 'public tranquility' is the standard legal terminology used in the context of these preventive sections.
- Option (b) is a condition for restoring possession, but the Magistrate's authority to act in the first place is triggered by the threat to public order, not merely the act of dispossession (which is a civil matter unless it threatens peace).
- Option (c) describes a civil dispute over ownership. Executive Magistrates do not decide ownership (title); they only deal with possession to prevent violence.
- Option (d) correctly identifies the trigger: a police report indicating that the dispute is likely to disturb public tranquility.
Which of the following is newly introduced in the BNSS, 2023?
A)
Audio-video electronic means
B)
Complaint
C)
Electronic communication
D)
Both (a) and (c)
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replaces the Code of Criminal Procedure (CrPC), 1973. One of the primary objectives of the BNSS is the modernization of the criminal justice system through the integration of technology.
1. **Audio-video electronic means**: BNSS has extensively introduced and formalized the use of audio-video electronic means for various processes, including the recording of statements, the appearance of witnesses, and the conduct of trials/examinations. While some limited use existed previously, it is now a core, integrated feature of the BNSS.
2. **Electronic communication**: The BNSS introduces a broad definition and legal recognition of 'electronic communication' (including emails, messages, etc.) for the purpose of serving summons, warrants, and other official notices, which was not explicitly detailed in the CrPC.
3. **Complaint**: The concept of a 'Complaint' has existed in the CrPC (Section 2(d)) and remains in the BNSS; therefore, it is not a 'newly introduced' concept.
Since both (a) and (c) are modern technological introductions specifically emphasized in the BNSS 2023 to ensure speedier trials and digital transparency, option (d) is the correct choice.
For rioting, which of the following is correct:
A)
Mere show of force is sufficient
B)
Mere possession of deadly weapon is sufficient
C)
Actual force or violence must be used
D)
All of the above
Under the Bharatiya Nyaya Sanhita (BNS) 2023 (which retains the core definition of rioting from the previous IPC), 'rioting' is defined as the act of using force or violence by an unlawful assembly.
1. **Unlawful Assembly vs. Rioting**: An unlawful assembly is formed when five or more people gather with a common object to commit an illegal act. However, the offense of 'rioting' only occurs when that assembly actually employs 'force or violence'.
2. **Why Option (a) is incorrect**: A 'mere show of force' or the mere presence of an unlawful assembly does not constitute rioting; it constitutes the offense of being a member of an unlawful assembly. Violence must be actively employed.
3. **Why Option (b) is incorrect**: The possession of a deadly weapon may aggravate the punishment (making it a more serious form of rioting), but the mere possession of a weapon without the application of force or violence does not satisfy the definition of rioting.
4. **Why Option (c) is correct**: The legal essence of rioting is the transition from a passive unlawful assembly to an active one through the use of actual force or violence.
Summons and warrants may also be issued through electronic means under which Section of the BNSS, 2023?
A)
Section 224
B)
Section 225
C)
Section 226
D)
Section 227
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Section 226 specifically provides for the issuance of summons and warrants through electronic means. This is a modern update compared to the previous CrPC, allowing the court to ensure the timely delivery of legal notices and warrants via electronic communication (such as email, secure messaging, or other digital platforms) to expedite the judicial process.
Breakdown of the options:
- Section 224: Relates to the service of summons on a corporate body.
- Section 225: Relates to the service of summons on a government servant.
- Section 226: Explicitly empowers the court to issue summons and warrants through electronic means.
- Section 227: Relates to the procedure when a summons is served but the person fails to appear.