Practice paper — BNSS Chapter V — Arrest Of Persons

1.Under Section 35(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, when may a police officer arrest a person without a warrant?

• (A) When the person commits, in the presence of a police officer, a cognizable offence.
• (B) When a Magistrate has issued a written order for arrest.
• (C) When a complaint has been made about a non‑cognizable offence.
• (D) When the person is merely under civil suspicion or negligence.

2.A person was issued a notice under Section 35(3) and complies and continues to comply with its terms. Under Section 35(5), when may that person nevertheless be arrested in respect of the offence referred to in the notice?

• (A) They cannot be arrested in any circumstances once they comply with the notice.
• (B) They may be arrested only if the police officer, for reasons to be recorded, is of the opinion that he ought to be arrested.
• (C) They may be arrested only upon a Magistrate's warrant.
• (D) They may be arrested if the complainant files a further written complaint.

3.Who must countersign the memorandum of arrest as mandated by Section 36(b)(ii)?

• (A) A magistrate
• (B) The person arrested
• (C) A local witness attesting the memorandum
• (D) The arresting officer's superior

4.If the memorandum of arrest is attested by a member of the arrested person's family, which requirement under Section 36 still remains mandatory?

• (A) The officer must inform the arrested person of his right to have someone informed
• (B) It becomes unnecessary to prepare any memorandum
• (C) The memorandum must still be countersigned by the person arrested
• (D) The officer may omit bearing his identification

5.Which of the following accurately describes where the information about arrested persons must be prominently displayed under Section 37?

• (A) Only at the State police headquarters
• (B) Only on the State Government's official website
• (C) In every police station and at the district headquarters, in any manner including digital mode
• (D) Only within the custody cell of the police station

6.Which of the following is NOT required by Section 37 regarding the display of information about arrested persons?

• (A) That the information be displayed only in hard copy form
• (B) That names and addresses of arrested persons be maintained
• (C) That the nature of the offence with which they are charged be maintained
• (D) That the information be prominently displayed in every police station and at district headquarters

7.If a person is arrested by the police but is not subjected to interrogation, does Section 38 entitle that person to meet an advocate during interrogation?

• (A) Yes, entitlement arises on arrest alone
• (B) Yes, but only with police permission
• (C) No, entitlement applies when the person is both arrested and interrogated
• (D) Only after formal charges are framed

8.Under Section 39(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when may a police officer arrest a person?

• (A) When, in the presence of a police officer, the person has committed or been accused of committing a non-cognizable offence and refuses to give, or gives a name or residence which the officer has reason to believe to be false, so as to ascertain his name or residence.
• (B) When the person has committed a cognizable offence outside the presence of a police officer and refuses to give his name.
• (C) When the person gives any evasive answer to questions put by a police officer even if not accused of an offence.
• (D) When the person gives a name and residence that are true but not immediately verifiable.

9.What does Section 39(3) prescribe if the true name and residence are not ascertained within twenty-four hours from arrest, or if the person fails to execute the bond or furnish sufficient sureties?

• (A) He must be kept in police custody indefinitely until verification is complete.
• (B) He must be released on his own recognizance without bond.
• (C) He must be sent to a prison under the jurisdiction of the arresting officer.
• (D) He shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

10.Within what time frame must a private person, after making an arrest under Section 40(1), make over the arrested person to a police officer or take them to the nearest police station?

• (A) Within six hours from such arrest (and without unnecessary delay).
• (B) Within twenty-four hours from such arrest.
• (C) Immediately and no later than one hour from such arrest.
• (D) Within forty-eight hours from such arrest.

11.According to Section 40(2), when is a police officer required to take a person into custody after an arrest by a private person?

• (A) When there is reason to believe that such person comes under the provisions of sub-section (1) of section 35.
• (B) Whenever a private person hands an arrested person to the police, regardless of circumstances.
• (C) Only when the offence is non-bailable and cognizable.
• (D) Only upon an order from a magistrate.

12.Under Section 41(1), what factual situation permits a magistrate to arrest or order the arrest of an offender?

• (A) An offence is committed in the magistrate's presence within his local jurisdiction
• (B) A warrant has been issued by any magistrate
• (C) A written complaint is filed against a person
• (D) The accused has left the local jurisdiction

13.What is the key limitation on the class of persons a magistrate may arrest under Section 41(2)?

• (A) He may arrest any person within his local jurisdiction without further limitation
• (B) He may arrest only persons for whose arrest he is competent at that time and in the circumstances to issue a warrant
• (C) He may arrest only when the offence is committed in his presence
• (D) He may arrest only after recording a written order

14.If a State Government issues a notification under Section 42(2) applying subsection (1) to a class of members charged with maintenance of public order, which of the following is correct?

• (A) Subsection (1) applies but consent of the Central Government is still required.
• (B) The notification applies only to those members while they are serving within the issuing State.
• (C) Subsection (1) applies and the expression 'Central Government' is to be read as 'State Government' for that specified class (so State consent is required).
• (D) The notification abolishes the need for any government consent for that class.

15.If a State issues a notification under Section 42(2) covering a specified class of members charged with maintenance of public order, does the substitution of 'State Government' for 'Central Government' apply when those members are serving outside that State?

• (A) No — the substitution applies only while they are serving within the State.
• (B) Yes — subsection (2) provides it applies 'wherever they may be serving', so the substitution applies even when serving outside the State.
• (C) Only if the Central Government also gives prior approval for extraterritorial application.
• (D) Yes — but only for members serving in Union territories.

16.According to Section 43(2) and read with Section 43(4), if a person forcibly resists arrest or attempts to evade arrest, the arresting officer may:

• (A) Use all means necessary to effect the arrest, subject to the limitation that causing the death of a person not accused of a death- or life-punishable offence is not permitted.
• (B) Use only non-lethal force in all circumstances.
• (C) Always use force including causing death whenever a person resists arrest.
• (D) Never use force and must withdraw and seek a court order.

17.According to Section 44(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, who is obliged to allow free ingress and afford reasonable facilities for a search on demand by a person acting under a warrant or a police officer having authority to arrest?

• (A) Any person residing in, or being in charge of, such place
• (B) Only the owner of the place
• (C) Only the person to be arrested, if present
• (D) Only a person named in the warrant

18.Which of the following best describes who may break open any outer or inner door or window to liberate persons who, having lawfully entered for the purpose of making an arrest, are detained therein (Section 44(3))?

• (A) Only a magistrate may order such breaking open
• (B) Only the person who was detained may authorise breaking open
• (C) Any civilian bystander may break open to help liberation
• (D) Any police officer or other person authorised to make an arrest may break open to liberate himself or any other person so detained

19.Which of the following is a required condition under Section 45 for a police officer to pursue a person?

• (A) The officer must have a written warrant endorsed for pursuit
• (B) The pursuit must be for the purpose of arresting without warrant a person whom he is authorised to arrest
• (C) The officer must obtain prior permission from the State Government
• (D) The person must have consented to be pursued

20.Does Section 45 authorize a police officer to pursue a person into a foreign country?

• (A) Yes, if the officer is in hot pursuit
• (B) Yes, but only with central government approval
• (C) Only if an international treaty allows it
• (D) No, the provision limits pursuit to any place in India

21.According to Section 46, what is the permissible degree of restraint on an arrested person?

• (A) Any restraint required by police discretion.
• (B) Only such restraint as is necessary to prevent his escape.
• (C) Restraint necessary to prevent harm to others.
• (D) Restraint permitted only with judicial sanction.

22.Does Section 46 permit subjecting an arrested person to additional restraint for reasons other than preventing escape (for example, as punishment or for interrogation)?

• (A) Yes — extra restraint is permitted for investigation.
• (B) Yes — any restraint is allowed if the officer deems it necessary.
• (C) No — the arrested person shall not be subjected to more restraint than is necessary to prevent his escape.
• (D) Only if approved by a court after arrest.

23.When must the arresting officer inform the arrested person that he is entitled to be released on bail and may arrange for sureties on his behalf under Section 47(2)?

• (A) Whenever anyone is arrested without warrant
• (B) Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence
• (C) Only when the arrested person is accused of a non-bailable offence
• (D) Only after production before the magistrate

24.If a private citizen arrests without warrant a person who is not accused of a non-bailable offence, is the citizen required by Section 47(2) to inform the arrestee that he is entitled to be released on bail and may arrange for sureties?

• (A) Yes — subsection (2) applies to any person making a warrantless arrest
• (B) Yes — but only if the citizen notifies the police immediately
• (C) No — subsection (2) applies only where a police officer arrests without warrant
• (D) No — only a magistrate can inform about entitlement to bail

25.Under Section 48(1), besides informing nominated relatives or friends, to whom else must information of the arrest be given?

• (A) The designated police officer in the district.
• (B) The Magistrate before whom the person will be produced.
• (C) The District Collector of the area.
• (D) The nearest Judicial Magistrate.

26.Under Section 49(1)(i) of the Bharatiya Nagarik Suraksha Sanhita, when may a police officer search a person arrested under a warrant?

• (A) Only if the warrant expressly forbids bail.
• (B) When the warrant does not provide for taking bail, or it provides for taking bail but the arrested person cannot furnish bail.
• (C) Whenever a person is arrested under any warrant regardless of bail provisions.
• (D) Only when the warrant is issued by a magistrate.

27.Does Section 49 require the police to place 'necessary wearing-apparel' found on an arrested person into safe custody?

• (A) Yes, all articles including necessary wearing-apparel must be kept in custody.
• (B) No, articles found on person cannot be kept in custody.
• (C) Only if the arrested person consents.
• (D) No, necessary wearing-apparel are excluded from being placed in safe custody.

28.When does Section 50 permit the arresting officer or person to take offensive weapons from the person arrested?

• (A) Only after the person has been produced before a Court or officer
• (B) Immediately after the arrest is made
• (C) At any time during subsequent investigation
• (D) Only with prior written authorization

29.If an arresting officer takes offensive weapons from a person arrested, to whom must those weapons be delivered under Section 50?

• (A) The nearest police station
• (B) The arresting officer's immediate superior only
• (C) The arrested person's family or custodian
• (D) The Court or officer before which or whom the officer or person making the arrest is required by this Sanhita to produce the person arrested

30.Which of the following is included within the definition of "examination" under the Explanation to Section 51?

• (A) Only physical inspection of the body and external wounds
• (B) X-rays, psychiatric evaluation and polygraph tests
• (C) Examination of blood, semen, swabs (in sexual offences), sputum, sweat, hair samples and fingernail clippings, including DNA profiling
• (D) Collection of witness statements and documentary evidence

31.Which description correctly identifies a "registered medical practitioner" for the purposes of Section 51?

• (A) Any person with medical training including traditional practitioners, irrespective of statutory registration
• (B) A medical practitioner whose qualification is recognised under the National Medical Commission Act, 2019, and who is entered only in the National Medical Register
• (C) A medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019, and whose name has been entered in the National Medical Register or a State Medical Register
• (D) Any doctor employed by a government hospital regardless of registration status

32.If there is no registered medical practitioner employed in a government or local authority hospital within sixteen kilometres of where the offence was committed, who may lawfully examine the arrested person under Section 52(1)?

• (A) Only the Superintendent of Police
• (B) A magistrate
• (C) Any other registered medical practitioner
• (D) Only a female doctor if the alleged victim is female

33.Under Section 52(1), who may request the registered medical practitioner to examine the arrested person charged with rape?

• (A) Any police officer
• (B) The investigating officer only
• (C) A Magistrate
• (D) The victim or complainant

34.If a government medical officer is not available immediately after an arrest, who may perform the examination according to Section 53?

• (A) Any hospital staff available later the same day
• (B) A female registered medical practitioner only if the arrested person is female
• (C) A registered medical practitioner soon after the arrest is made
• (D) Only another government medical officer from a neighbouring district

35.Under Section 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what power does the Court have when identification of a person arrested is considered necessary for investigation?

• (A) The Court may direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit.
• (B) The Court may allow the officer in charge of the police station to conduct identification without any direction.
• (C) The Court may order immediate arrest of additional suspects for identification.
• (D) The Court may substitute identification by written statements instead of personal identification.

36.Which of the following correctly describes the requirement as to which Court may direct identification under Section 54?

• (A) Any court in the country may direct identification regardless of jurisdiction.
• (B) Only the Supreme Court may direct identification.
• (C) Only a Magistrate may direct identification in all cases.
• (D) A Court having jurisdiction may, on the request of the officer in charge of a police station, direct identification.

37.According to Section 55(1), what must the subordinate officer do before making the arrest ordered in writing?

• (A) Notify to the person to be arrested the substance of the order and, if required, show him the order
• (B) Show the order to the person to be arrested in all cases, whether requested or not
• (C) Obtain prior approval from a magistrate before making the arrest
• (D) Record the arrest in the station diary and then make the arrest

38.What is the effect of Section 55(2) on the power of a police officer to arrest under Section 35?

• (A) Section 55(1) completely replaces the power under Section 35
• (B) Section 55(1) restricts the power under Section 35 in all cases
• (C) Section 55(1) supplements and modifies Section 35 by adding new conditions
• (D) Nothing in Section 55(1) affects the power of a police officer to arrest under Section 35

39.What specifically must the custodian take care of according to Section 56?

• (A) Only the health of the accused
• (B) Both the health and safety of the accused
• (C) Only the physical safety of the accused
• (D) Only the accused's legal rights

40.Which statement most accurately reflects who may bear the duty imposed by Section 56?

• (A) Any person having custody of an accused may be under the duty to take reasonable care of the accused's health and safety
• (B) Only police officers and other official state custodians are bound by the duty
• (C) Only custodians appointed specifically by a court are bound by the duty
• (D) The duty applies only once formal charges have been framed against the accused

41.Does Section 57 apply to arrests made with a warrant?

• (A) Yes, it applies to all arrests irrespective of warrant
• (B) Yes, but only if the Magistrate subsequently issues an order
• (C) No, it applies to arrests made without a warrant
• (D) No, it applies only to preventive detention cases

42.Which statement best reflects the proviso about bail in Section 57?

• (A) The duty to take or send the arrested person is absolute and cannot be affected by bail provisions
• (B) The duty is 'without unnecessary delay' but is 'subject to the provisions herein contained as to bail,' so presentation must respect those bail provisions
• (C) The police may delay presentation indefinitely while bail is being considered
• (D) Bail must be granted before the arrested person is taken before a Magistrate

43.Does Section 58 require reporting of persons arrested with a warrant?

• (A) Yes, it requires reporting for both warrant and non-warrant arrests
• (B) Yes, but only if they have not been admitted to bail
• (C) No, it applies only to persons arrested without warrant
• (D) No, it applies only when the District Magistrate so directs

44.Who is required by Section 59 to report cases of persons arrested without warrant?

• (A) Officers in charge of police stations
• (B) District Magistrates
• (C) Sub-divisional Magistrates
• (D) Public Prosecutors

45.If a person arrested without warrant is admitted to bail, must the officer in charge still report the case under Section 59?

• (A) No, reporting is required only when not bailed
• (B) Yes, but only if bail is interim
• (C) Yes — only to the Sub-divisional Magistrate
• (D) Yes — whether admitted to bail or otherwise

46.Who, besides the bond or bail bond, is expressly authorised by Section 60 to order the discharge of a person arrested by a police officer?

• (A) A senior police officer
• (B) A Magistrate by special order
• (C) Any government official
• (D) The public prosecutor

47.Which of the following would NOT be a lawful mode of discharging a person arrested by a police officer under Section 60?

• (A) Release on a recognised bail bond
• (B) Release on his bond
• (C) Release under the special order of a Magistrate
• (D) Release after an informal promise to return without any bond or Magistrate order

48.According to Section 61(1), where is the person from whose custody the prisoner escaped permitted to pursue and arrest the escaped person?

• (A) Only within the limits of the original police station
• (B) Only within the same State
• (C) In any place in India
• (D) Only within the district where custody was held

49.Which of the following correctly describes the necessity of a warrant or police authority for arrests under Section 61 of the Act?

• (A) Arrests under Section 61 require a warrant before pursuit and arrest
• (B) Arrests under Section 61 can only be made by police officers who have statutory arrest authority
• (C) Arrests under Section 61 do not require the arresting person to be acting under a warrant or to be a police officer with arrest authority, yet Section 44 applies to those arrests
• (D) Arrests under Section 61 are valid only if sanctioned by a magistrate in advance

50.If a separate statute currently in force contains its own provisions authorizing arrest, is an arrest under that statute permissible under Section 62?

• (A) No — arrests are authorized solely by this Sanhita.
• (B) Only if the separate statute is expressly incorporated into the Sanhita.
• (C) Yes — arrests under any law for the time being in force that provides for arrest are permitted.
• (D) Only if both the statute and the Sanhita are simultaneously complied with.