Practice paper — BNSS Chapter I — Preliminary
23 questions · answer key at the end · no time limit
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1.Who may appoint the date on which this Act comes into force under Section 1?
- (A) The concerned State Government by notification
- (B) The President by order
- (C) The Central Government by notification in the Official Gazette
- (D) Parliament by resolution
2.According to the Explanation in Section 1, which of the following is excluded from the meaning of 'tribal areas'?
- (A) Territories within the local limits of the municipality of Shillong
- (B) Territories included in paragraph 20 of the Sixth Schedule to the Constitution
- (C) The entire State of Nagaland
- (D) Territories added to Assam after 21 January 1972
3.If the provisions of the Sanhita (other than those relating to Chapters IX, XI and XII) do not apply to Nagaland or the tribal areas, can the concerned State Government extend those provisions to whole or part of Nagaland or tribal areas?
- (A) No, the State Government has no power to extend them
- (B) Yes, but only with prior approval of the Central Government
- (C) Yes, but only to whole State and not to part
- (D) Yes, the concerned State Government may, by notification, apply such provisions or any of them to the whole or part with supplemental, incidental or consequential modifications
4.Which statement correctly describes the position of provisions relating to Chapters IX, XI and XII with respect to Nagaland and the tribal areas under Section 1?
- (A) Provisions relating to Chapters IX, XI and XII are excluded and therefore do not apply unless the State Government notifies them.
- (B) Provisions relating to Chapters IX, XI and XII are excepted from the exclusion and thus are not part of the 'shall not apply' bar to Nagaland and the tribal areas.
- (C) Chapters IX, XI and XII apply only after a Central Government notification.
- (D) Chapters IX, XI and XII apply to tribal areas but are expressly excluded from application in the State of Nagaland.
5.Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following correctly defines a "bailable offence"?
- (A) An offence punishable with death, life imprisonment or imprisonment exceeding two years
- (B) An offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force
- (C) An offence for which a police officer may arrest without warrant
- (D) Any offence where the accused is released on personal bond without surety
6.Which definition best matches the term "bond" in Section 2 of the Sanhita?
- (A) A personal bond or an undertaking for release without surety
- (B) An undertaking for release with surety
- (C) A written order for search and seizure
- (D) A judicial order granting bail on conditions
7.A police officer makes a report which, after investigation, discloses the commission of a non-cognizable offence. According to the Sanhita, this report is:
- (A) Treated only as a police report and not acted upon by a Magistrate
- (B) Deemed to be a complaint, and the police officer who made the report is deemed the complainant
- (C) Automatically converted into a cognizable case for arrest without warrant
- (D) Considered invalid because non-cognizable matters cannot be investigated
8.If the officer in charge of a police station is absent or unable to perform duties, who is included within the meaning of "officer in charge of a police station" under the Sanhita?
- (A) The police officer present at the station-house who is next in rank to such officer and is above the rank of constable
- (B) Any constable present at the station-house irrespective of rank
- (C) Only an officer sent by the State Government as a permanent replacement
- (D) The nearest Magistrate until the officer returns
9.For a Union territory to which the jurisdiction of a State's High Court has not been extended, the term "High Court" in the Sanhita refers to:
- (A) The High Court of the nearest State
- (B) The Supreme Court of India
- (C) The highest Court of criminal appeal for that territory other than the Supreme Court of India
- (D) The Principal District Court of that Union territory
10.Under Section 3(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, how must a reference in any law to a 'Magistrate' without qualifying words be construed in relation to any area?
- (A) As a reference to a Judicial Magistrate of the first or second class exercising jurisdiction in that area
- (B) As a reference to an Executive Magistrate exercising jurisdiction in that area
- (C) As a reference to any Magistrate appointed in the state
- (D) As a reference to the Chief Judicial Magistrate of the district
11.Which type of magistrate, according to Section 3(2)(b), is generally to exercise functions that are administrative or executive in nature (for example, granting or suspending a licence)?
- (A) Executive Magistrate
- (B) Judicial Magistrate
- (C) Magistrate of the first class only
- (D) Any Magistrate without distinction
12.Under a law other than this Sanhita, a Magistrate is required to make a decision that involves appreciation of evidence and may expose a person to punishment. Who, per Section 3(2)(a), should exercise that function?
- (A) Executive Magistrate
- (B) Judicial Magistrate
- (C) Either Executive or Judicial Magistrate at discretion
- (D) A Magistrate specially appointed by the State Government
13.A statute (other than this Sanhita) vests in a 'Magistrate' the power to sanction or withdraw a prosecution. According to Section 3(2), who should ordinarily exercise this power?
- (A) Judicial Magistrate, since sanctioning prosecutions is judicial in nature
- (B) Executive Magistrate, because sanctioning or withdrawing prosecution is administrative or executive in nature
- (C) Any Magistrate of first or second class, irrespective of type
- (D) High Court alone, as it is supervisory
14.When would an administrative function listed in Section 3(2)(b) NOT be exercisable by an Executive Magistrate under Section 3?
- (A) When the function involves appreciation or shifting of evidence or formulation of a decision that exposes a person to punishment or would send him for trial, bringing it under clause (2)(a)
- (B) When the function relates to granting or suspending a licence
- (C) When the function is expressly conferred by this Sanhita
- (D) When the State Government issues an executive order assigning it to a Judicial Magistrate
15.According to Section 4(1) of the Provision, which offences are to be investigated, inquired into, tried and otherwise dealt with "according to the provisions hereinafter contained"?
- (A) All offences under the Bharatiya Nyaya Sanhita, 2023
- (B) All offences under the Bharatiya Nagarik Suraksha Sanhita, 2023
- (C) All offences under any law in force
- (D) Only offences punishable with imprisonment
16.What does Section 4(2) provide about the trial and related processes for offences under laws other than the Bharatiya Nyaya Sanhita, 2023?
- (A) Offences under other laws are excluded from these provisions and follow only their own statutes.
- (B) They shall be investigated, inquired into, tried and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.
- (C) They shall be tried only by courts established under the other laws irrespective of these provisions.
- (D) These provisions apply to other laws only after Parliament issues a notification.
17.If an existing statute (other than the Bharatiya Nyaya Sanhita) prescribes a different place for trying a particular offence, which rule governs according to Section 4?
- (A) The place prescribed by the Bharatiya Nyaya Sanhita governs in all cases.
- (B) Both places must be used simultaneously.
- (C) The place prescribed by the existing statute governs, because Section 4(2) makes application of BNS provisions subject to any enactment regulating the manner or place.
- (D) No trial can proceed until the conflict is resolved by the legislature.
18.Suppose another statute prescribes a special manner of investigation for a particular offence. Under Section 4, how do the BNS provisions operate in that situation?
- (A) The special manner in the other statute is ignored and BNS manner applies.
- (B) The other statute and BNS provisions both apply without regard to conflict.
- (C) BNS provisions apply only if the other statute is later repealed.
- (D) BNS provisions apply to the offence but are subject to the other statute to the extent that it regulates the manner of investigation.
19.What is the main effect of Section 5 (Saving) of the Bharatiya Nagarik Suraksha Sanhita, 2023?
- (A) It does not affect any special or local law for the time being in force unless the Sanhita contains a specific provision to the contrary.
- (B) It automatically repeals all special and local laws that overlap with the Sanhita.
- (C) It gives priority to special or local laws over the Sanhita in all cases.
- (D) It limits the Sanhita's operation to laws made by the central government only.
20.Which of the following is explicitly preserved by Section 5 of the Sanhita?
- (A) Future executive notifications issued after the Sanhita comes into force.
- (B) Internal departmental guidelines not enacted as law.
- (C) Any special form of procedure prescribed by any other law for the time being in force.
- (D) International agreements to which India is a party.
21.If a special local law confers a particular jurisdiction or power, can the Sanhita change that jurisdiction or power?
- (A) Yes, the Sanhita overrides any special jurisdiction or power automatically.
- (B) No, not unless the Sanhita contains a specific provision to the contrary.
- (C) Yes, but only if the special law is older than the Sanhita.
- (D) Only if a court authoritatively interprets the Sanhita to do so.
22.Where there is a conflict between the Sanhita and an existing special law, which statement correctly reflects Section 5?
- (A) The existing special law always prevails over the Sanhita.
- (B) Both the Sanhita and the special law apply simultaneously and the court must create a hybrid rule.
- (C) The Sanhita applies unless the special law expressly provides to the contrary.
- (D) The Sanhita may affect the special law if the Sanhita contains a specific provision to the contrary.
23.Does Section 5 protect laws that are not yet in force or laws that may be enacted after the Sanhita?
- (A) No; it protects only special or local laws 'for the time being in force'.
- (B) Yes; it also protects future laws and those not yet in force.
- (C) It is ambiguous and depends on legislative intent beyond the section.
- (D) It protects only laws enacted before 1950.
Answer key
Explanations
- 1. (C) Section 1(3) provides: 'It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.' Thus the Central Government appoints the commencement date by Gazette notification.
- 2. (A) The Explanation defines 'tribal areas' as territories which immediately before 21 January 1972 were included in the tribal areas of Assam as referred to in paragraph 20 of the Sixth Schedule, 'other than those within the local limits of the municipality of Shillong.' Hence areas within Shillong are excluded.
- 3. (D) Section 1(2) provides that the concerned State Government 'may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas ... with such supplemental, incidental or consequential modifications.' Thus the State may apply them to whole or part with modifications.
- 4. (B) Section 1(2) says 'The provisions of this Sanhita, other than those relating to Chapters IX, XI and XII thereof, shall not apply—(a) to the State of Nagaland; (b) to the tribal areas.' This means the provisions relating to Chapters IX, XI and XII are excepted from that non‑applicability and therefore are not covered by the 'shall not apply' provision.
- 5. (B) Section 2(1)(c) defines "bailable offence" as an offence shown as bailable in the First Schedule or made bailable by any other law. The other options describe warrant-categories or other concepts, not the statutory definition.
- 6. (A) Section 2(1)(e) expressly defines "bond" as a personal bond or an undertaking for release without surety. A bail bond (with surety) is defined separately in (d).
- 7. (B) Section 2(1)(h) (Explanation) states that a police report which, after investigation, discloses commission of a non-cognizable offence shall be deemed to be a complaint and the police officer who made the report shall be deemed the complainant.
- 8. (A) Section 2(1)(r) provides that when the officer in charge is absent or unable, the police officer next in rank present at the station-house who is above the rank of constable is included within the meaning of "officer in charge of a police station". The State Government may direct another officer, but a mere constable or a Magistrate is not the default inclusion.
- 9. (C) Section 2(1)(j)(iii) defines "High Court" for any other Union territory (i.e., not one whose jurisdiction has been extended by a State's High Court) as the highest Court of criminal appeal for that territory other than the Supreme Court of India.
- 10. (A) Section 3(1) states that such references shall be construed as references to a Judicial Magistrate of the first class or Judicial Magistrate of the second class, as the case may be, exercising jurisdiction in that area. The provision specifies judicial, not executive, magistrates.
- 11. (A) Section 3(2)(b) provides that functions which are administrative or executive in nature shall, subject to clause (a), be exercisable by an Executive Magistrate. It distinguishes these from functions for which clause (a) applies.
- 12. (B) Section 3(2)(a) states that functions involving appreciation or shifting of evidence or formulation of any decision exposing a person to punishment shall, subject to the Sanhita, be exercisable by a Judicial Magistrate. The provision mandates judicial exercise of such functions.
- 13. (B) Section 3(2)(b) lists sanctioning or withdrawing a prosecution as an example of administrative or executive functions which shall, subject to clause (a), be exercisable by an Executive Magistrate. The Sanhita distinguishes these from functions under clause (a).
- 14. (A) Section 3(2) makes administrative functions exercisable by an Executive Magistrate 'subject to the provisions of clause (a)'. Clause (a) covers matters involving appreciation of evidence or decisions exposing a person to punishment, which must be exercised by a Judicial Magistrate.
- 15. (A) Section 4(1) states: "All offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained." Thus it specifically refers to offences under the Bharatiya Nyaya Sanhita, 2023.
- 16. (B) Section 4(2) explicitly says offences under any other law "shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place..." Therefore the BNS provisions apply to other laws, subject to enactments about manner or place.
- 17. (C) Section 4(2) makes the application of the same provisions to offences under other laws "subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences." Hence an existing statute regulating place will govern.
- 18. (D) Section 4(2) provides that offences under other laws "shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment... regulating the manner... of investigating." Thus BNS applies but yields to an existing statute that regulates manner.
- 19. (A) Section 5 states that nothing in the Sanhita shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force. Thus existing special or local laws remain unaffected unless the Sanhita specifically provides otherwise.
- 20. (C) The provision expressly preserves 'any special form of procedure prescribed, by any other law for the time being in force.' It therefore protects such prescribed procedures that are currently in force.
- 21. (B) Section 5 protects 'any special jurisdiction or power conferred' by other laws in force, except where the Sanhita contains a specific provision to the contrary. Therefore the Sanhita cannot change such jurisdiction or power unless it has a specific contrary provision.
- 22. (D) Section 5 provides that nothing in the Sanhita shall, in the absence of a specific provision to the contrary, affect any special law. This means the Sanhita may affect such laws where it contains a specific contrary provision.
- 23. (A) The section uses the phrase 'for the time being in force', indicating it saves only those special or local laws currently in force. It does not state protection for laws not yet in force or future enactments.