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Practice paper — BNSS Chapter VII — Processes To Compel The Production Of Things

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  1. 1.Under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023, who may require the production of a document or other thing?

    • (A) Only a Court
    • (B) Only the officer in charge of a police station
    • (C) Either a Court or the officer in charge of a police station
    • (D) Any public servant
  2. 2.If a person is required under Section 94 merely to produce a document or other thing, does causing the document or thing to be produced instead of attending personally suffice?

    • (A) Yes — causing production instead of personal attendance is deemed compliance
    • (B) No — personal attendance is always required
    • (C) Only if the Court explicitly permits substitute production
    • (D) Only for physical documents, not electronic communications
  3. 3.Does Section 94 apply to a letter, postcard or any parcel or thing that is in the custody of the postal authority?

    • (A) Yes — all documents and parcels can be summoned under Section 94
    • (B) No — Section 94 does not apply to items in the custody of the postal authority
    • (C) Yes — but only if a Court issues the summons, not the police officer
    • (D) Only if the postal authority gives prior consent
  4. 4.Under sub-section (1) of Section 95, which of the following authorities may require a postal authority to deliver a document, parcel or thing in its custody?

    • (A) District Magistrate
    • (B) Commissioner of Police
    • (C) Any Magistrate (Executive or Judicial)
    • (D) Postmaster General
  5. 5.When an authority mentioned in sub-section (1) requires delivery, what is the postal authority required to do?

    • (A) Cause search and detain the item pending further orders
    • (B) Deliver the document, parcel or thing to such person as the Magistrate or Court directs
    • (C) Return the item to the sender
    • (D) Destroy the document, parcel or thing
  6. 6.If a Magistrate other than the District Magistrate or a police officer acts under sub-section (2) to detain an item, whose order is the detention expressly made pending under sub-section (2)?

    • (A) Any Magistrate (Executive or Judicial)
    • (B) The Commissioner of Police
    • (C) The postal authority's internal officer-in-charge
    • (D) The order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1)
  7. 7.Which of the following is NOT listed in Section 96(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 as a ground for issuing a search-warrant?

    • (A) The Court has reason to believe that a person to whom a summons or requisition has been addressed will not produce the document as required (s.96(1)(a)).
    • (B) The document or thing is not known to the Court to be in the possession of any person (s.96(1)(b)).
    • (C) To punish a person for failing to comply with a summons or requisition.
    • (D) The Court considers that the purposes of any inquiry, trial or other proceeding will be served by a general search or inspection (s.96(1)(c)).
  8. 8.Under Section 96(2), if the Court specifies a particular place or part in the search-warrant, what is the obligation of the person charged with executing the warrant?

    • (A) They shall search or inspect only the place or part so specified.
    • (B) They may search any part of the premises if they have reasonable suspicion.
    • (C) They may extend the search to neighbouring premises if the document is not found.
    • (D) They must obtain a fresh warrant to search any other part.
  9. 9.If the Court finds that a document is not known to be in the possession of any person (s.96(1)(b)) and issues a search-warrant, who may carry out the search or inspection under that warrant?

    • (A) The person to whom such warrant is directed.
    • (B) Any police officer on duty.
    • (C) Any person the Court names without limitation.
    • (D) Only the District Magistrate.
  10. 10.Under Section 97 of the Bharatiya Nagarik Suraksha Sanhita, who may, upon information and after inquiry, issue a warrant to authorise a search of a place suspected to contain stolen property or objectionable articles?

    • (A) Any Magistrate (including Chief Judicial Magistrate or above)
    • (B) A District Magistrate, Sub-divisional Magistrate or Magistrate of the first class
    • (C) Any police officer above the rank of a constable
    • (D) A Sessions Judge
  11. 11.Can a constable be authorised under the warrant issued under Section 97 to enter and search a place?

    • (A) Yes — a constable may be authorised if the Magistrate so directs
    • (B) Yes — provided the constable is accompanied by an officer above the rank of constable
    • (C) No — only a police officer above the rank of a constable may be authorised
    • (D) No — only police officers of Inspector rank or above can be authorised
  12. 12.If instruments used for producing counterfeit coins are found in a searched place under a Section 97 warrant, what may the authorised police officer lawfully do?

    • (A) Take possession of such instruments and convey them before a Magistrate, or guard them on the spot until the offender is taken before a Magistrate, or otherwise place them in a place of safety
    • (B) Only arrest the person(s) present and leave the instruments where they were found
    • (C) Record the instruments and seek a separate seizure order from a higher court before taking possession
    • (D) Destroy the instruments immediately to prevent further misuse
  13. 13.Under Section 98, which of the following is expressly included within the term "document"?

    • (A) Only written contracts and records
    • (B) Any painting, drawing or photograph, or other visible representation
    • (C) Only printed books and newspapers
    • (D) Electronic files and emails
  14. 14.A Magistrate "may by warrant authorise" entry and search under Section 98. Which description correctly states the rank of police officer that may be authorised?

    • (A) Any police officer including constables
    • (B) Only officers below the rank of sub‑inspector
    • (C) A police officer not below the rank of sub‑inspector
    • (D) Only a Superintendent of Police or above
  15. 15.Can an order passed or action taken under Section 98 be challenged in any Court by any route other than that provided in the Act?

    • (A) Yes, it can be challenged in any civil court
    • (B) No, it can never be challenged in any Court
    • (C) Yes, but only before the Supreme Court
    • (D) It can be called in question only in accordance with the provisions of section 99
  16. 16.Under Section 99(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, who may apply to the High Court to set aside a declaration of forfeiture?

    • (A) Any person having any interest in the newspaper, book or other document in respect of which the declaration was made
    • (B) Only the registered owner or publisher of the newspaper or book
    • (C) The Central Government or an authorised officer
    • (D) Any member of the public who objects to the declaration
  17. 17.Under Section 99(3), when an application relates to a newspaper, which of the following may be given in evidence to aid proof of the nature or tendency of the words, signs or visible representations?

    • (A) Only a certified copy issued by the publisher
    • (B) Any copy of such newspaper
    • (C) Only oral testimony describing the content
    • (D) Only an expert report on the newspaper's impact
  18. 18.If there is a difference of opinion among the Judges forming the Special Bench under Section 99(5), how shall the decision be made?

    • (A) The decision shall follow the opinion of the senior-most Judge
    • (B) The matter shall be referred to a larger bench automatically
    • (C) The decision shall be made only if all Judges agree unanimously
    • (D) The decision shall be in accordance with the opinion of the majority of those Judges
  19. 19.Which authority or authorities may issue a search-warrant under Section 100 (Search for persons wrongfully confined)?

    • (A) District Magistrate, Sub-divisional Magistrate or Magistrate of the first class
    • (B) Only the District Magistrate
    • (C) Any judicial officer
    • (D) Any police officer
  20. 20.Who may carry out the search under the warrant issued under Section 100?

    • (A) Any police officer
    • (B) The person to whom such warrant is directed
    • (C) The District Magistrate who issued the warrant
    • (D) Any private citizen
  21. 21.If a District Magistrate issues the search-warrant, must the person found be taken before that same District Magistrate?

    • (A) Yes — the person must be taken before the very Magistrate who issued the warrant
    • (B) Yes — only the District Magistrate who issued the warrant can make the subsequent order
    • (C) No — the provision requires the person to be taken before 'a Magistrate', not necessarily the issuer
    • (D) No — the person must be taken before a higher court judge
  22. 22.Which of the following officials is empowered by Section 101 to make an order for the immediate restoration of an abducted woman or female child?

    • (A) Only the District Magistrate
    • (B) A District Magistrate, Sub-divisional Magistrate or Magistrate of the first class
    • (C) Any Magistrate including a Magistrate of the second class
    • (D) A police officer in charge of the station
  23. 23.If a female child has been unlawfully detained, to whom may the magistrate order her restoration under Section 101?

    • (A) To her parent, guardian or other person having the lawful charge of such child
    • (B) To her liberty (i.e., released without being handed to any person)
    • (C) To the nearest police station for safekeeping
    • (D) To any adult relative who comes forward
  24. 24.Does Section 101 impose a mandatory duty on the specified magistrates to make an order for restoration upon receiving a compliant on oath?

    • (A) Yes — the magistrate must make the order as soon as the complaint is received
    • (B) Only after a full criminal trial and conviction
    • (C) No — the magistrate may (has discretion to) make such an order
    • (D) Only if the police certify prima facie abduction
  25. 25.What does Section 102 of the Bharatiya Nagarik Suraksha Sanhita, 2023 state applies to search-warrants issued under sections 96, 97, 98 or 100?

    • (A) The provisions of sections 32, 72, 74, 76, 79, 80 and 81 shall, so far as may be, apply.
    • (B) Only sections 32 and 72 shall apply to those search-warrants.
    • (C) All sections of the Act shall apply to those search-warrants without limitation.
    • (D) No other sections apply to those search-warrants.
  26. 26.If a provision in section 79 conflicts with a special requirement in section 98 for a search-warrant, how does Section 102 govern which provision applies?

    • (A) Section 79 applies absolutely and overrides section 98.
    • (B) The listed provisions (including section 79) apply only "so far as may be," i.e., to the extent they are compatible with requirements of the search-warrant.
    • (C) Neither section 79 nor section 98 applies because Section 102 prohibits conflicts.
    • (D) Only the special requirement in section 98 applies; the listed sections are excluded.
  27. 27.What is the legal effect of the phrase "so far as may be" in Section 102 regarding the application of the listed provisions to those search-warrants?

    • (A) It makes the application conditional — the listed provisions apply only to the extent they can be applied.
    • (B) It removes any limitation and makes the listed provisions apply absolutely.
    • (C) It means the listed provisions apply only when a magistrate gives a direction.
    • (D) It nullifies the listed provisions for the specified search-warrants.
  28. 28.Under Section 103, who must allow free ingress when a place liable to search is closed?

    • (A) Any person residing in, or being in charge of, such place
    • (B) Only the legal owner of the place
    • (C) Any neighbour or local resident
    • (D) The officer executing the warrant
  29. 29.If ingress into a closed place cannot be obtained as per Section 103(2), how may the officer proceed?

    • (A) Apply afresh for another warrant before acting
    • (B) Proceed in the manner provided by sub-section (2) of section 44
    • (C) Use reasonable force immediately without following any other provision
    • (D) First obtain two or more independent witnesses and then proceed
  30. 30.Are persons who witness a search under Section 103 automatically required to attend Court as witnesses of that search?

    • (A) Yes—attendance at Court is mandatory for all witnesses of the search
    • (B) No—witnesses may never be called to Court in relation to the search
    • (C) No—witnesses are not required to attend Court unless specially summoned by it
    • (D) Yes—unless the occupant waives their attendance
  31. 31.If the place where the things are found is nearer to the Magistrate having jurisdiction there than to the Court which issued the search-warrant, what does Section 104 require?

    • (A) They must still be taken to the issuing Court regardless of distance
    • (B) The list and things shall be immediately taken before such Magistrate
    • (C) They should be left at the scene until the issuing Court directs otherwise
    • (D) They should be handed to the local police station for safekeeping
  32. 32.When the list and things are taken before the Magistrate because the place is nearer to that Magistrate, what is the Magistrate ordinarily required to do under Section 104?

    • (A) Keep the items in custody until trial without further orders
    • (B) Forward the items to the nearest police station for investigation
    • (C) Make an order authorising them to be taken to the Court which issued the warrant, unless there be good cause to the contrary
    • (D) Dispose of the items as the Magistrate thinks fit
  33. 33.Which statement most accurately reflects the effect of the proviso 'unless there be good cause to the contrary' in Section 104?

    • (A) The Magistrate is required to authorise transfer in all cases without exception
    • (B) The Magistrate may refuse to authorise transfer if there is good cause to the contrary
    • (C) The Magistrate must conduct a full trial before authorising transfer
    • (D) The Magistrate must hand the items to the police pending orders
  34. 34.Which device is stated as preferred for recording searches and seizures under Section 105?

    • (A) Body-worn camera
    • (B) Mobile phone
    • (C) Fixed police-station CCTV camera
    • (D) Audio tape recorder
  35. 35.Does the requirement to record the search and seizure process under Section 105 also apply to actions taken under Section 185?

    • (A) No, it applies only to searches under this Chapter
    • (B) Only when a Judicial Magistrate orders recording
    • (C) Yes, it applies to searches under this Chapter or under section 185
    • (D) Only if the accused requests recording
  36. 36.Is use of a mobile phone mandatory for the audio-video recording required by Section 105?

    • (A) Yes — the provision mandates use of a mobile phone for recording
    • (B) No — the provision allows any audio-video electronic means, with mobile phone being preferable
    • (C) No — recording is optional if witnesses sign the seizure list
    • (D) Yes — only mobile phone recordings are admissible under this provision
  37. 37.If a police officer subordinate to the officer in charge of a police station seizes property under Section 106(1), to whom must he forthwith report the seizure according to Section 106(2)?

    • (A) A Magistrate having jurisdiction.
    • (B) The officer in charge of the police station.
    • (C) The Superintendent of Police.
    • (D) The nearest Court.
  38. 38.When property seized under Section 106(1) cannot be conveniently transported to Court or its continued retention in police custody may not be necessary, what course is authorised by Section 106(3)?

    • (A) The property must be retained in police custody until trial.
    • (B) The officer must obtain a Magistrate's order before doing anything further.
    • (C) The officer may give custody of the property to any person on that person executing a bond to produce the property before the Court and comply with further Court orders.
    • (D) The property must be immediately handed over to the Superintendent of Police for safekeeping.
  39. 39.Which statement best captures the relationship between reporting the seizure to the Magistrate and giving custody of seized property to a person on bond under Section 106(3)?

    • (A) The police officer must forthwith report the seizure to the Magistrate and may, in the specified circumstances, give custody of the property to a person on that person executing a bond.
    • (B) The officer may give custody to a person on bond without any obligation to report the seizure to the Magistrate.
    • (C) The officer cannot give custody to any person on bond unless the Magistrate first authorises such custody by order.
    • (D) Only the Superintendent of Police may authorise giving custody of seized property to a private person on bond.
  40. 40.When a Court or Magistrate issues a show-cause notice under Section 107(2), what is the period given to the person to show cause why an order of attachment should not be made?

    • (A) 7 days
    • (B) 14 days
    • (C) 30 days
    • (D) 60 days
  41. 41.According to Section 107(8), if there are no ascertainable claimants to the proceeds of crime or there is a surplus after satisfying claimants, what happens to the proceeds?

    • (A) They are retained in a special police fund for investigation expenses
    • (B) They are deposited into a victims' compensation fund exclusively
    • (C) They are returned to the accused if no claimant appears
    • (D) They stand forfeited to the Government
  42. 42.Under Section 107(5), an interim ex parte order of attachment or seizure may be passed without issuing the show-cause notice if issuance would defeat the object of attachment. Until when does such interim order remain in force?

    • (A) Until the person who was not served appears before the Court and makes submissions
    • (B) Until an order under sub-section (6) is passed
    • (C) Until the criminal trial is finally concluded
    • (D) Until the Superintendent of Police withdraws the application for attachment
  43. 43.According to Section 108, a magistrate may direct a search of which place?

    • (A) Any place without limitation
    • (B) Any place for the search of which he is competent to issue a search-warrant
    • (C) Only public places
    • (D) Only places within the magistrate's personal property
  44. 44.May a magistrate under Section 108 direct a search of a place for which he is not competent to issue a search-warrant?

    • (A) Yes, if reasons are recorded in writing
    • (B) Yes, if the occupant consents
    • (C) Yes, if assisted by police
    • (D) No, the place must be one for which he is competent to issue a search-warrant
  45. 45.Does Section 108 require the magistrate personally to perform the search he directs?

    • (A) Yes, he must personally conduct the search he directs
    • (B) No, he may direct that a search be made in his presence (not that he personally perform it)
    • (C) Yes, but only if the place is private property
    • (D) No, only the police may perform searches under this section
  46. 46.What items may be impounded under Section 109 of the Sanhita?

    • (A) Only documents produced under the Sanhita
    • (B) Only physical things (not documents)
    • (C) Any document or thing produced before it under this Sanhita
    • (D) Any document or thing regardless of where or how produced
  47. 47.Does Section 109 permit a court to impound documents that were not produced before that court but exist elsewhere under the Sanhita?

    • (A) Yes — the court can impound any item related to a case under the Sanhita
    • (B) Yes — if produced anywhere within the Sanhita's jurisdiction
    • (C) No — it only authorises impounding of items produced before that court under the Sanhita
    • (D) No — it only permits impounding of intangible records
  48. 48.A document is produced before a court but was submitted under a different statute, not "under this Sanhita." Can the court impound it under Section 109?

    • (A) Yes — if produced before the court, Section 109 applies irrespective of the enabling statute
    • (B) No — Section 109 applies only to documents produced under this Sanhita
    • (C) Yes — but only with consent of parties under the Sanhita
    • (D) No — impounding is restricted to orders of a higher court
  49. 49.If a summons referred to in clause (a) or clause (c) of Section 110(1) is served by the presiding officer of a Court in another State under sub‑section (1)(i), which provision applies as if that presiding officer were a Magistrate in the said territories?

    • (A) Section 104
    • (B) Section 70
    • (C) Section 82
    • (D) Section 83
  50. 50.If a search‑warrant received from a contracting State is executed by a Court in the said territories under Section 110(2), what must be done with the documents or things produced or found?

    • (A) They must be destroyed after copying by the executing Court
    • (B) They must be retained permanently by the executing Court without further transmission
    • (C) They must be handed to the person searched and not forwarded
    • (D) They shall be forwarded to the Court issuing the summons or search‑warrant through such authority as the Central Government may, by notification, specify

Answer key

1. C2. A3. B4. A5. B6. D7. C8. A9. A10. B11. C12. A13. B14. C15. D16. A17. B18. D19. A20. B21. C22. B23. A24. C25. A26. B27. A28. A29. B30. C31. B32. C33. B34. B35. C36. B37. B38. C39. A40. B41. D42. B43. B44. D45. B46. C47. C48. B49. B50. D

Explanations

  1. 1. (C) The provision states that "any Court or any officer in charge of a police station" may require production by issuing a summons or written order (Section 94(1)). Thus the power rests with either the Court or the officer in charge of a police station.
  2. 2. (A) Section 94(2) explicitly provides that a person required merely to produce a document or other thing is deemed to have complied if he causes the document or thing to be produced instead of attending personally.
  3. 3. (B) Section 94(3)(b) expressly states that nothing in this section shall be deemed to apply to a letter, postcard, or other document or any parcel or thing in the custody of the postal authority, so such items are excluded.
  4. 4. (A) Sub-section (1) expressly lists the District Magistrate (along with Chief Judicial Magistrate, Court of Session or High Court) as an authority that may require delivery of the document, parcel or thing. A Commissioner of Police or Postmaster General is not so listed in sub-section (1).
  5. 5. (B) Sub-section (1) states that such Magistrate or Court may require the postal authority to deliver the document, parcel or thing to such person as the Magistrate or Court directs. Search/detention pending orders is the procedure under sub-section (2), not (1).
  6. 6. (D) Sub-section (2) states that such search and detention by other Magistrates or police officers is 'pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1)', so detention is expressly made pending those authorities' orders under sub-section (1).
  7. 7. (C) Section 96(1) lists three grounds: (a) belief that a person will not produce the document, (b) the document is not known to be in anyone's possession, and (c) that a general search will serve the purposes of proceedings. Punishment for non-compliance is not mentioned as a ground in s.96(1).
  8. 8. (A) Section 96(2) states the Court may specify the particular place or part to which the search shall extend, and the person charged with execution shall then search or inspect only that specified place or part. The execution is therefore limited to what is specified in the warrant.
  9. 9. (A) The concluding part of s.96(1) states that the person to whom such warrant is directed may search or inspect in accordance therewith and the provisions contained in the section. Thus the authorised executor is the person named in the warrant.
  10. 10. (B) Section 97(1) expressly specifies that a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may, upon information and after such inquiry as he thinks necessary, issue a warrant authorising search. The provision does not empower Sessions Judges or police officers to issue such warrants.
  11. 11. (C) Section 97(1) states the Magistrate may "authorise any police officer above the rank of a constable" to execute the warrant, which excludes constables. The provision does not restrict authorisation to Inspectors only; it requires the officer to be above constable rank.
  12. 12. (A) Section 97(2)(g) includes instruments used for production of the listed articles; Section 97(1)(c) permits taking possession of such articles and (d) permits conveying them before a Magistrate, guarding them, or disposing of them in a place of safety. The section does not limit action to arresting persons only, nor authorise summary destruction without proceeding as stated.
  13. 13. (B) Section 98(2)(b) states that "document" includes any painting, drawing or photograph, or other visible representation. The provision thus explicitly lists visual representations as included in "document."
  14. 14. (C) Section 98(1) specifies that any Magistrate may by warrant authorise "any police officer not below the rank of sub‑inspector" to enter and search. Thus the authorised officer must be at least of the rank of sub‑inspector.
  15. 15. (D) Section 98(3) states that no order passed or action taken under this section shall be called in question in any Court otherwise than in accordance with the provisions of section 99. Therefore challenges must follow section 99.
  16. 16. (A) Section 99(1) expressly provides that 'Any person having any interest in any newspaper, book or other document... may ... apply to the High Court' to set aside the declaration. The provision does not limit the applicant to owners or to government authorities.
  17. 17. (B) Section 99(3) permits that 'any copy of such newspaper may be given in evidence' to aid proof of the nature or tendency of the contents. The provision does not limit evidence to certified copies, testimony or expert reports alone.
  18. 18. (D) Section 99(5) provides that where there is a difference of opinion among the Judges of the Special Bench, 'the decision shall be in accordance with the opinion of the majority of those Judges.' It does not require unanimity or referral to a larger bench.
  19. 19. (A) The provision expressly states that 'If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe ... he may issue a search-warrant.' Thus those three specified magistrates may issue the warrant.
  20. 20. (B) The provision states that 'the person to whom such warrant is directed may search for the person so confined,' indicating that the search is to be conducted by the person named in the warrant.
  21. 21. (C) The provision states the person 'shall be immediately taken before a Magistrate,' using the indefinite article and not specifying the issuer; therefore it does not require that the same magistrate who issued the warrant be the one before whom the person is brought.
  22. 22. (B) Section 101 expressly states that a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make such an order. It does not empower magistrates of lower class or police officers to make this specific order.
  23. 23. (A) Section 101 specifies that a female child may be restored 'to her parent, guardian or other person having the lawful charge of such child.' It does not provide for restoration to police custody, unspecified relatives, or mere release without lawful charge.
  24. 24. (C) Section 101 uses the word 'may make an order for the immediate restoration…', indicating that the power is discretionary rather than mandating automatic issuance of an order upon receipt of the complaint. The provision does not require a full trial or police certification before the magistrate may act.
  25. 25. (A) Section 102 states: "The provisions of sections 32, 72, 74, 76, 79, 80 and 81 shall, so far as may be, apply to all search-warrants issued under section 96, section 97, section 98 or section 100." The provision therefore expressly lists those specific sections as applying.
  26. 26. (B) Section 102 qualifies application by the phrase "so far as may be," meaning the listed provisions apply to those search-warrants only to the extent they can be applied. Therefore, where a conflict exists, applicability is limited to what is consistent.
  27. 27. (A) Section 102 uses the phrase "so far as may be" immediately after listing the sections, indicating those provisions are to apply only insofar as they can be applied. Thus their application is conditional and limited to what is permissible.
  28. 28. (A) Section 103(1) expressly states that any person residing in, or being in charge of, such closed place shall, on demand and on production of the warrant, allow free ingress. The provision does not limit this duty to the owner alone.
  29. 29. (B) Section 103(2) states that if ingress cannot be obtained, the officer may proceed in the manner provided by sub-section (2) of section 44. The provision specifically refers to that procedure rather than immediate force or reapplication.
  30. 30. (C) Section 103(5) provides that no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it. Thus attendance is not automatic but depends on a special summons.
  31. 31. (B) Section 104 provides that if the place is nearer to the Magistrate having jurisdiction there than to the issuing Court, the list and things shall be immediately taken before such Magistrate.
  32. 32. (C) The provision states that, unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to the Court which issued the warrant. It does not direct the Magistrate to retain or dispose of them without transfer.
  33. 33. (B) The proviso 'unless there be good cause to the contrary' means the Magistrate's usual duty to make an order authorising transfer is subject to exception; the Magistrate may decline to authorise transfer if good cause exists.
  34. 34. (B) The provision specifies recording shall be done through any audio-video electronic means, preferably mobile phone. Therefore a mobile phone is the preferred device.
  35. 35. (C) The provision expressly covers the process of conducting search or taking possession under this Chapter or under section 185, meaning the recording requirement applies to both.
  36. 36. (B) The provision requires recording through any audio-video electronic means and states 'preferably mobile phone', which indicates preference rather than a strict requirement, so other audio-video means are permissible.
  37. 37. (B) Section 106(2) provides that a police officer who is subordinate to the officer in charge of a police station "shall forthwith report the seizure to that officer." The subsection does not require reporting directly to the Magistrate in the case of a subordinate officer.
  38. 38. (C) Section 106(3) allows the police officer, where the property cannot be conveniently transported or retention is not necessary, to "give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required" and to comply with Court orders. The subsection does not mandate only retention or a mandatory SP custody in such cases.
  39. 39. (A) Section 106(3) begins by stating that "Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate" and then provides that where specified conditions obtain "he may give custody thereof to any person on his executing a bond." Thus reporting to the Magistrate is required and custody on bond is permitted in the stated circumstances; no prior Magistrate order or exclusive SP authority is prescribed.
  40. 40. (B) Section 107(2) specifies that the person must be called upon to show cause within a period of fourteen days. The provision plainly fixes 14 days as the show-cause period.
  41. 41. (D) Section 107(8) states that if there are no claimants or no ascertainable claimants, or there is any surplus after satisfying claimants, such proceeds of crime shall stand forfeited to the Government. The provision expressly directs forfeiture to the Government.
  42. 42. (B) Section 107(5) provides that an interim ex parte order shall remain in force till an order under sub-section (6) is passed. The provision specifically ties the duration of the interim order to the passing of the subsection (6) order.
  43. 43. (B) The provision states the magistrate may direct a search 'of any place for the search of which he is competent to issue a search-warrant.' Thus the place must be one for which he is competent to issue a search-warrant, not any place absolutely.
  44. 44. (D) Section 108 limits the power to places 'for the search of which he is competent to issue a search-warrant.' Therefore he cannot lawfully direct a search of a place for which he lacks competence to issue such a warrant.
  45. 45. (B) The provision says the magistrate 'may direct a search to be made in his presence,' which authorises him to have a search carried out while he is present. It does not say he must personally perform the search, nor does it limit performance exclusively to police.
  46. 46. (C) Section 109 authorises impounding of "any document or thing produced before it under this Sanhita," so both documents and things produced before the court under this Sanhita may be impounded; it does not cover items irrespective of how or where produced.
  47. 47. (C) Section 109 specifically authorises impounding of "any document or thing produced before it under this Sanhita," limiting the power to items produced before that particular court, not items produced elsewhere.
  48. 48. (B) The provision limits the power to impound to "any document or thing produced before it under this Sanhita." Therefore, if the document was produced under a different statute, Section 109 does not, on its face, authorise impoundment of that item.
  49. 49. (B) Section 110(1)(i) states that where any summons referred to in clause (a) or (c) has been so served, the provisions of section 70 shall apply as if the presiding officer were a Magistrate in the said territories. The text names section 70 specifically.
  50. 50. (D) The proviso to Section 110(2) states that where a summons or search‑warrant received from a contracting State has been executed, the documents or things produced or found in the search shall be forwarded to the issuing Court through the authority specified by the Central Government by notification.

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