Practice paper — BNSS Chapter II — Constitution Of Criminal Courts And Offices
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1.Which of the following is expressly listed as a class of Criminal Courts under Section 6 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
- (A) Courts of Session
- (B) High Courts
- (C) Family Courts
- (D) Appellate Tribunals
2.How many distinct classes of Criminal Courts are enumerated in Section 6 (items (i)–(iv))?
- (A) 3
- (B) 4
- (C) 5
- (D) 2
3.According to Section 6, Judicial Magistrates in a State are classified as which of the following?
- (A) Only Judicial Magistrates of the first class
- (B) Only Judicial Magistrates of the second class
- (C) Judicial Magistrates of the first, second and third classes
- (D) Judicial Magistrates of the first class and Judicial Magistrates of the second class
4.Which statement best captures the relationship set out in Section 6 between High Courts, courts constituted under other laws, and the enumerated classes of criminal courts?
- (A) High Courts are included among the enumerated classes of criminal courts
- (B) The listed classes are the only criminal courts that may exist in a State
- (C) The listed classes exist in every State in addition to the High Courts and courts constituted under any law other than this Sanhita
- (D) The provision abolishes other courts and replaces them with the listed classes
5.For the purposes of this Sanhita, what is a sessions division under Section 7(1)?
- (A) A sub-division
- (B) A district or consist of districts
- (C) An independent State-level unit
- (D) A police jurisdiction created by the High Court
6.Under Section 7(2), may the State Government alter the limits or number of sessions divisions and districts without consulting any other authority?
- (A) Yes, the State Government has unilateral power
- (B) Yes, but only if approved by Parliament later
- (C) No, the State Government must consult the High Court
- (D) No, only the Central Government can permit such alteration
7.Which of the following correctly states the relationship between sessions divisions and districts under Section 7(1)?
- (A) A sessions division may itself be a district or may consist of multiple districts
- (B) Every district must be a sessions division
- (C) A sessions division is always identical to a single district
- (D) Sessions divisions and districts are mutually exclusive categories
8.Under Section 8 of the Bharatiya Nagarik Suraksha Sanhita, who is required to establish a Court of Session for every sessions division?
- (A) The State Government
- (B) The High Court
- (C) The Central Government
- (D) The Sessions Judge
9.If the Sessions Judge of one sessions division is appointed by the High Court to be also an Additional Sessions Judge of another division, may he sit for disposal of cases in the other division?
- (A) No, a Sessions Judge cannot act in another division
- (B) Yes, he may sit at such place or places in the other division as the High Court may direct
- (C) Yes, but only with the consent of the State Government
- (D) Yes, but only for the examination of witnesses
10.Where the office of the Sessions Judge is vacant and there is no Additional Sessions Judge in the sessions division, who may make arrangements for disposal of any urgent application pending before the Court of Session?
- (A) A High Court judge
- (B) Any magistrate in the State
- (C) A District Judge
- (D) A Chief Judicial Magistrate in the sessions division
11.Under Section 9(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where are Courts of Judicial Magistrates to be established?
- (A) In every district, in numbers and at places specified by the State Government after consultation with the High Court.
- (B) Only at district headquarters as fixed by the High Court.
- (C) Only where the Central Government directs.
- (D) In every taluka as specified by the State Government without High Court consultation.
12.Who appoints the presiding officers of the Courts of Judicial Magistrates under Section 9(2)?
- (A) The State Government.
- (B) The High Court.
- (C) The Central Government.
- (D) The District Magistrate.
13.Under Section 9(3), on whom may the High Court confer the powers of a Judicial Magistrate of the first class or second class?
- (A) On any practicing advocate in the district.
- (B) On any member of the Judicial Service of the State functioning as a Judge in a Civil Court.
- (C) On any Executive Magistrate appointed by the State Government.
- (D) On any retired Judicial Magistrate on request.
14.Which statement correctly describes the relationship between establishment of Special Courts and appointment of their presiding officers under Section 9?
- (A) The State Government establishes Special Courts after consultation with the High Court, and the High Court appoints their presiding officers.
- (B) The State Government establishes Special Courts and also appoints their presiding officers after consultation with the High Court.
- (C) The High Court establishes Special Courts but the State Government appoints presiding officers.
- (D) Special Courts are established by the State Government without needing to consult the High Court, and presiding officers are appointed by the High Court only on its own motion.
15.Under Section 10, an Additional Chief Judicial Magistrate may be appointed from which category?
- (A) Only Judicial Magistrates of the second class
- (B) Only District Judges
- (C) Any Judicial Magistrate of the first class
- (D) Only officers appointed by the State Government
16.Which statement correctly describes designation of a Sub-divisional Judicial Magistrate under Section 10?
- (A) Only the Chief Judicial Magistrate can designate a Sub-divisional Judicial Magistrate
- (B) A Sub-divisional Judicial Magistrate must be appointed by the Central Government
- (C) Every Judicial Magistrate of the first class is automatically a Sub-divisional Judicial Magistrate
- (D) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and may relieve him of the responsibilities specified in this section as occasion requires
17.Which of the following best captures the relationship of control and powers among the Chief Judicial Magistrate (CJM), Sub‑divisional Judicial Magistrate (SDJM) and Additional Chief Judicial Magistrates (ACJM) under Section 10?
- (A) SDJMs act independently of the CJM and have equal authority over ACJMs
- (B) The High Court cannot limit the powers of an SDJM once designated
- (C) SDJMs exercise supervisory powers over Judicial Magistrates other than ACJMs, and are subject to the general control of the CJM
- (D) ACJMs are subordinate to SDJMs in all matters by virtue of Section 10
18.Who may confer powers to Special Judicial Magistrates under this provision?
- (A) The High Court
- (B) The Central Government
- (C) The State Government
- (D) The Supreme Court
19.Can the High Court confer powers on a person who holds or has held any post under the Government without any request from the Government?
- (A) Yes, the High Court can act on its own motion.
- (B) No, only if requested by the Central Government.
- (C) No, only if requested by the Central or State Government.
- (D) Yes, but only for minor powers of a Judicial Magistrate.
20.What extent of powers may the High Court confer on a Special Judicial Magistrate under this provision?
- (A) Only the full powers of a Judicial Magistrate of the first class
- (B) Only the powers of a Judicial Magistrate of the second class
- (C) Only powers specifically listed by the Central Government in the request
- (D) All or any of the powers conferred or conferrable by or under this Sanhita on a Judicial Magistrate of the first class or of the second class
21.Under Section 12(1) of the Sanhita, who is empowered to define the local limits of the areas within which Magistrates appointed under sections 9 or 11 may exercise their powers?
- (A) The Chief Judicial Magistrate, subject to the control of the High Court
- (B) The Chief Judicial Magistrate, without any control of the High Court
- (C) The High Court directly
- (D) The State Government
22.If no local limits are defined under subsection (1), how far do the jurisdiction and powers of a Magistrate appointed under section 9 or 11 extend according to subsection (2)?
- (A) Only to the place where the Magistrate ordinarily holds Court
- (B) Only to the local limits as previously defined
- (C) Throughout the district
- (D) Throughout the State
23.When a Magistrate's local jurisdiction extends beyond the district in which he ordinarily holds Court, subsection (3) directs that any reference in this Sanhita to the Court of Session or Chief Judicial Magistrate shall, in relation to such Magistrate, be construed as a reference to which of the following?
- (A) The Magistrate himself acting in the extended area
- (B) The High Court of the State
- (C) The Court of Session or Chief Judicial Magistrate of the area where the offence occurred
- (D) The Court of Session or Chief Judicial Magistrate exercising jurisdiction in relation to the said district (i.e., the district in which he ordinarily holds Court)
24.What is the legal effect of the phrase "unless the context otherwise requires" in subsection (3)?
- (A) It makes the subsection mandatory in every situation without exception
- (B) It requires a separate order to apply a different construction
- (C) It allows a different construction where the context of the provision indicates that another meaning is appropriate
- (D) It limits the subsection to only criminal matters
25.According to Section 13(1), every other Judicial Magistrate (i.e. other than the Chief Judicial Magistrate) is subordinate to which authority?
- (A) Sessions Judge (directly)
- (B) Chief Judicial Magistrate
- (C) High Court
- (D) State Government
26.May the Chief Judicial Magistrate make rules or give special orders about the distribution of business among Judicial Magistrates subordinate to him under Section 13(2)?
- (A) Yes — may make rules or give special orders, consistent with this Sanhita
- (B) Yes — may make any rules or orders without restriction
- (C) No — only the Sessions Judge may make such rules or orders
- (D) No — only the State Government may prescribe distribution of business
27.Are 'every other Judicial Magistrates' directly subordinate to the Sessions Judge under Section 13(1)?
- (A) Yes — they are directly subordinate to the Sessions Judge
- (B) No — they are subordinate to the Chief Judicial Magistrate but subject to the Sessions Judge's general control
- (C) No — they are independent of both the Chief Judicial Magistrate and the Sessions Judge
- (D) Cannot be determined from Section 13
28.Under Section 14 of the Bharatiya Nagarik Suraksha Sanhita, who appoints Executive Magistrates and designates the District Magistrate?
- (A) The State Government (appoints Executive Magistrates and shall appoint one of them to be the District Magistrate)
- (B) The Central Government (appoints Executive Magistrates and designates the District Magistrate)
- (C) The High Court (appoints Executive Magistrates and designates the District Magistrate)
- (D) The President of India (appoints Executive Magistrates and designates the District Magistrate)
29.Which statement correctly describes the powers of an Additional District Magistrate under Section 14(2)?
- (A) An Additional District Magistrate automatically has all powers of the District Magistrate under the Sanhita.
- (B) An Additional District Magistrate has such of the powers of a District Magistrate as the State Government may direct.
- (C) An Additional District Magistrate only has powers during emergencies and otherwise none.
- (D) An Additional District Magistrate may exercise powers only with the concurrence of the District Magistrate.
30.If the office of the District Magistrate becomes vacant and an officer succeeds temporarily to the executive administration of the district, what powers may that officer exercise pending orders of the State Government?
- (A) Only emergency or urgent powers explicitly provided elsewhere in law.
- (B) No powers until the State Government issues express orders.
- (C) Only such powers as the retiring District Magistrate delegated before vacancy.
- (D) All the powers and duties conferred and imposed by the Sanhita on the District Magistrate, pending orders of the State Government.
31.Who is empowered by the provision to appoint Special Executive Magistrates?
- (A) The State Government
- (B) The Central Government
- (C) The District Magistrate
- (D) The President of India
32.What is the minimum police rank specified for appointment as a Special Executive Magistrate?
- (A) Any police officer regardless of rank
- (B) Superintendent of Police or equivalent
- (C) Inspector
- (D) Sub-Inspector
33.May the State appoint a police officer below the rank of Superintendent of Police as a Special Executive Magistrate?
- (A) Only Executive Magistrates may be appointed, not police officers
- (B) Yes, if the appointment is for a short term
- (C) Yes, if the officer has special permission from the Director General of Police
- (D) No — the provision limits such police appointees to those not below the rank of Superintendent of Police or equivalent
34.Can the State confer on Special Executive Magistrates powers beyond those that are conferrable under this Sanhita on Executive Magistrates?
- (A) No — it may only confer such of the powers as are conferrable under this Sanhita on Executive Magistrates
- (B) Yes — the State may confer any powers it considers necessary, including beyond the Sanhita
- (C) Yes — but only with prior approval of the Central Government
- (D) No — Special Executive Magistrates may not be given any powers
35.If the District Magistrate does not make any definition under Section 16, what is the default extent of jurisdiction and powers of every Executive Magistrate?
- (A) Limited to the municipality where they are posted
- (B) Limited to the local limits earlier defined by the State Government
- (C) Throughout the district
- (D) Throughout the State
36.The District Magistrate defines local limits for only some powers of an Executive Magistrate. What is the effect on the Magistrate's other powers?
- (A) All powers become confined to the defined limits regardless
- (B) The other powers continue to extend throughout the district unless the definition otherwise provides
- (C) Those other powers automatically lapse until re-authorised by the State Government
- (D) The High Court must decide whether the remaining powers apply district-wide
37.Can the District Magistrate, by defining local limits under Section 16, extend an Executive Magistrate's jurisdiction beyond the boundaries of the district?
- (A) No; the provision contemplates jurisdiction within the district and does not authorise extension beyond it
- (B) Yes; the District Magistrate may extend jurisdiction into neighbouring districts
- (C) Yes; but only if the State Government expressly authorises extension into other districts
- (D) Yes; extension beyond the district is allowed if the definition specifies the State as a whole
38.According to Section 17(1) of the Sanhita, to whom are all Executive Magistrates subordinate?
- (A) The District Magistrate
- (B) The State Government
- (C) The Sub-divisional Magistrate
- (D) The High Court
39.Who may, from time to time, make rules or give special orders as to the distribution or allocation of business among the Executive Magistrates subordinate to him?
- (A) The State Government
- (B) The District Magistrate
- (C) The Sub-divisional Magistrate
- (D) The High Court
40.May the District Magistrate make rules or give special orders about allocation of business that are inconsistent with the Sanhita?
- (A) Yes, if for administrative convenience
- (B) Yes, with prior permission of the State Government
- (C) Only if the Sub-divisional Magistrate concurs
- (D) No, such rules or orders must be consistent with the Sanhita
41.Under Section 18(1) of the Bharatiya Nagarik Suraksha Sanhita, who is to appoint a Public Prosecutor for every High Court?
- (A) The Central Government or the State Government, after consultation with the High Court
- (B) The High Court itself
- (C) The Chief Justice of India
- (D) The President of India
42.As per Section 18(7), a person is eligible to be appointed as a Public Prosecutor or Additional Public Prosecutor only if he has been in practice as an advocate for not less than how many years?
- (A) 5 years
- (B) 7 years
- (C) 10 years
- (D) 3 years
43.Does Section 18(3) permit a Public Prosecutor or Additional Public Prosecutor appointed for one district to be appointed for another district as well?
- (A) No, appointments are strictly limited to the single district named
- (B) Yes, but only with prior approval of the Central Government
- (C) Yes, but only if the Sessions Judge specifically appoints them for the other district
- (D) Yes. The proviso to Section 18(3) allows a Public Prosecutor or Additional Public Prosecutor appointed for one district to be appointed also for another district
44.Which statement correctly states the rules in Section 18(8) regarding appointment of a Special Public Prosecutor and the victim's role?
- (A) A Special Public Prosecutor may be appointed only if the person has at least seven years' practice; the victim has no role under this sub-section
- (B) A person with at least ten years' practice may be appointed as a Special Public Prosecutor by the Central or State Government, and the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section
- (C) The Court appoints the Special Public Prosecutor from the District Magistrate's panel and the victim may lead the prosecution
- (D) Only the Central Government can appoint a Special Public Prosecutor in all cases, and victims cannot engage assisting advocates
45.In which courts are the Assistant Public Prosecutors appointed under Section 19 primarily meant to conduct prosecutions?
- (A) Sessions Courts
- (B) High Courts
- (C) Courts of Magistrates
- (D) Special Tribunals
46.If no Assistant Public Prosecutor is available for a particular case, who may appoint another person in charge of that case after giving fourteen days' notice to the State Government?
- (A) The State Government
- (B) The Central Government
- (C) The High Court
- (D) The District Magistrate
47.Which statement accurately reflects the proviso concerning police officers' eligibility to be appointed as Assistant Public Prosecutors?
- (A) No police officer shall be eligible if he has taken any part in the investigation into the offence or is below the rank of Inspector
- (B) No police officer shall be eligible only if he has taken part in the investigation; rank is irrelevant
- (C) Only police officers of rank Inspector and above are ineligible under the proviso
- (D) A police officer is always eligible if appointed by the District Magistrate after notice
48.Who heads the Directorate of Prosecution in the State under Section 20 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
- (A) Director of Prosecution
- (B) Home Department
- (C) Advocate General for the State
- (D) State Government
49.Under Section 20, Public Prosecutors appointed by the State Government to conduct cases in the High Court are subordinate to which authority?
- (A) Deputy Director of Prosecution
- (B) State Home Department
- (C) Director of Prosecution
- (D) High Court Registrar
50.A case involves an offence punishable with imprisonment for eight years. According to Section 20, which officer has the primary power and function to examine and monitor such a case?
- (A) Director of Prosecution
- (B) Deputy Director of Prosecution
- (C) Assistant Director of Prosecution
- (D) Any Public Prosecutor appointed under section 18
Answer key
Explanations
- 1. (A) Section 6 lists specific classes of Criminal Courts and item (i) is 'Courts of Session'. The provision separately mentions High Courts and other courts, but does not include them in the enumerated list.
- 2. (B) Section 6 sets out four classes, numbered (i) to (iv): Courts of Session; Judicial Magistrates of the first class; Judicial Magistrates of the second class; and Executive Magistrates. Therefore there are four enumerated classes.
- 3. (D) Section 6 lists both 'Judicial Magistrates of the first class' (ii) and 'Judicial Magistrates of the second class' (iii). There is no mention of a third class in this provision.
- 4. (C) Section 6 states: 'Besides the High Courts and the Courts constituted under any law, other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:— (i) ... (iv)'. This shows the enumerated classes exist in every State in addition to those other courts; it does not include High Courts among the listed classes nor purport to abolish other courts.
- 5. (B) Section 7(1) provides that every sessions division shall, for the purposes of this Sanhita, be a district or consist of districts. Thus a sessions division is either a district or made up of districts.
- 6. (C) Section 7(2) expressly provides that the State Government may alter the limits or number of such divisions and districts only after consultation with the High Court. Therefore unilateral alteration without consultation is not authorised by this section.
- 7. (A) Section 7(1) specifies that every sessions division shall, for the purposes of this Sanhita, be a district or consist of districts, meaning a sessions division can be a single district or comprise multiple districts. The provision does not state that every district must be a sessions division or that the categories are exclusive.
- 8. (A) Section 8(1) states that 'The State Government shall establish a Court of Session for every sessions division.' Therefore the State Government is required to establish the Court of Session.
- 9. (B) Section 8(4) states that the Sessions Judge so appointed 'may sit for the disposal of cases at such place or places in the other division as the High Court may direct.' Thus he may sit at places the High Court directs.
- 10. (D) Section 8(5) provides that if there is no Additional Sessions Judge, the High Court may arrange for disposal by a Chief Judicial Magistrate in the sessions division, and that such Magistrate shall have jurisdiction to deal with the application.
- 11. (A) Section 9(1) states that "In every district there shall be established as many Courts of Judicial Magistrates... as the State Government may, after consultation with the High Court, by notification, specify." This shows establishment is by the State Government after consultation with the High Court for each district.
- 12. (B) Section 9(2) expressly provides that "The presiding officers of such Courts shall be appointed by the High Court." Therefore the High Court is the appointing authority for presiding officers.
- 13. (B) Section 9(3) states that the High Court may "confer the powers of a Judicial Magistrate... on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court." It is therefore limited to such members of the Judicial Service.
- 14. (A) The proviso to Section 9(1) says the State Government may, after consultation with the High Court, establish Special Courts; Section 9(2) then provides that "The presiding officers of such Courts shall be appointed by the High Court." Hence establishment is by the State Government (with consultation) and appointment is by the High Court.
- 15. (C) Section 10(2) provides that the High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate. The provision therefore limits such appointments to first class Judicial Magistrates.
- 16. (D) Section 10(3) says the High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires. Thus designation and relieving of responsibilities are powers of the High Court under this clause.
- 17. (C) Section 10(4) states SDJMs exercise supervision and control (as specified by the High Court) over Judicial Magistrates other than Additional Chief Judicial Magistrates, and this is subject to the general control of the Chief Judicial Magistrate. Section 10(2) separately provides that ACJMs may be vested with all or any of the powers of a CJM, so ACJMs are not automatically subordinate to SDJMs.
- 18. (A) The provision states in sub‑section (1): "The High Court may, if requested by the Central or State Government so to do, confer upon any person... all or any of the powers..." Thus the High Court is the authority that may confer such powers.
- 19. (C) Sub‑section (1) begins: "The High Court may, if requested by the Central or State Government so to do, confer upon any person..." Therefore the High Court acts when so requested by the Central or State Government.
- 20. (D) Sub‑section (1) states the High Court may "confer upon any person... all or any of the powers conferred or conferrable by or under this Sanhita on a Judicial Magistrate of the first class or of the second class." Thus the extent may be all or any such powers.
- 21. (A) Section 12(1) states: "Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits..." so the Chief Judicial Magistrate acts but under High Court control.
- 22. (C) Subsection (2) provides: "Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district." Thus, absent a special definition, their jurisdiction is district-wide.
- 23. (D) Subsection (3) provides that, where a Magistrate's local jurisdiction extends beyond his ordinary district, any reference to the Court of Session or Chief Judicial Magistrate "shall... be construed... as a reference to the Court of Session or Chief Judicial Magistrate... exercising jurisdiction in relation to the said district." The "said district" is the one in which he ordinarily holds Court.
- 24. (C) The phrase "unless the context otherwise requires" means the default construction applies except when the surrounding context makes a different construction necessary. Thus a different construction is permitted if the context so requires.
- 25. (B) Section 13(1) provides that 'every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.' Hence they are subordinate to the Chief Judicial Magistrate.
- 26. (A) Section 13(2) expressly provides that 'The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution of business among the Judicial Magistrates subordinate to him.' Thus he may do so but only consistent with this Sanhita.
- 27. (B) Section 13(1) specifies that other Judicial Magistrates 'shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.' Thus they are subordinate to the Chief Judicial Magistrate while remaining under the Sessions Judge's general control, not directly subordinate to the Sessions Judge.
- 28. (A) Section 14(1) states that in every district the State Government may appoint persons as Executive Magistrates and shall appoint one of them to be the District Magistrate, so the appointing authority is the State Government.
- 29. (B) Section 14(2) specifies that the State Government may appoint any Executive Magistrate to be an Additional District Magistrate and such Magistrate shall have such of the powers of a District Magistrate as may be directed by the State Government.
- 30. (D) Section 14(3) states that the officer who succeeds temporarily shall, pending the orders of the State Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Sanhita on the District Magistrate.
- 31. (A) The provision begins by stating, "The State Government may appoint... Special Executive Magistrates," making the State Government the appointing authority under this Sanhita.
- 32. (B) The provision allows appointment of "any police officer not below the rank of Superintendent of Police or equivalent" as Special Executive Magistrates, so the minimum specified rank is Superintendent of Police or equivalent.
- 33. (D) The provision limits police appointments to "any police officer not below the rank of Superintendent of Police or equivalent," so officers below that rank are not authorised by this provision to be appointed.
- 34. (A) The provision states the State may "confer on such Special Executive Magistrates such of the powers as are conferrable under this Sanhita on Executive Magistrates, as it may deem fit," which confines conferable powers to those that are conferrable under this Sanhita on Executive Magistrates.
- 35. (C) Section 16(2) provides that except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district. Thus, in absence of a definition, their jurisdiction is district-wide.
- 36. (B) Section 16(1) allows defining local limits for 'all or any of the powers' and Section 16(2) states that except as otherwise provided by such definition, the jurisdiction and powers shall extend throughout the district. Therefore powers not restricted by the definition continue district-wide.
- 37. (A) Section 16(1) speaks of defining 'the local limits of the areas within which the Executive Magistrates may exercise' powers and Section 16(2) provides that, except as so defined, jurisdiction extends 'throughout the district.' The provision contains no authorization to extend jurisdiction beyond the district.
- 38. (A) Section 17(1) states expressly that "All Executive Magistrates shall be subordinate to the District Magistrate." This makes the District Magistrate the superior authority for all Executive Magistrates.
- 39. (B) Section 17(2) provides that "The District Magistrate may, from time to time, make rules or give special orders... as to the distribution or allocation of business among the Executive Magistrates subordinate to him." Thus this power is vested in the District Magistrate.
- 40. (D) Section 17(2) specifies that the District Magistrate may make rules or give special orders "consistent with this Sanhita," so any rules or orders must conform to the Sanhita and cannot be inconsistent with it.
- 41. (A) Section 18(1) states that for every High Court the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor. The provision explicitly prescribes government appointment after consultation.
- 42. (B) Section 18(7) expressly provides that eligibility requires having been in practice as an advocate for not less than seven years.
- 43. (D) The proviso to Section 18(3) explicitly states that a Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be a Public Prosecutor or Additional Public Prosecutor for another district.
- 44. (B) Section 18(8) provides that the Central Government or the State Government may appoint, for any case or class of cases, a person who has been in practice for not less than ten years as a Special Public Prosecutor, and the proviso states the Court may permit the victim to engage an advocate to assist the prosecution under this sub-section.
- 45. (C) Section 19(1) specifies that the Assistant Public Prosecutors appointed by the State Government are for conducting prosecutions in the Courts of Magistrates. The text therefore limits their primary role to Magistrates' Courts.
- 46. (D) Section 19(3) provides that where no Assistant Public Prosecutor is available, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor for that case after giving fourteen days' notice to the State Government.
- 47. (A) The proviso to Section 19(3) contains two disqualifications: (a) having taken any part in the investigation into the offence, and (b) being below the rank of Inspector. Therefore the correct statement combines both disqualifying conditions.
- 48. (A) Sub‑section (3) states that the Directorate of Prosecution shall be headed by the Director of Prosecution, who functions under the administrative control of the Home Department. Thus the head is the Director of Prosecution.
- 49. (C) Sub‑section (5) provides that every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed to conduct cases in the High Court shall be subordinate to the Director of Prosecution.
- 50. (B) Sub‑section (8) assigns to the Deputy Director of Prosecution the power to examine and monitor cases punishable for seven years or more but less than ten years; an eight‑year offence therefore falls within the Deputy Director's remit.