Practice paper — BNSS Chapter VIII — Reciprocal Arrangements For Assistance In Certain Matters And Procedure For Attachment And Forfeiture Of Property

1.Under Section 111, what is the correct definition of "proceeds of crime"?

• (A) Any property obtained illegally, but only if acquired directly from the criminal act
• (B) Any property derived or obtained directly or indirectly by any person as a result of criminal activity (including crime involving currency transfers) or the value of any such property
• (C) Only tangible property obtained through criminal activity, excluding intangible assets or instruments
• (D) Any property held by a suspect during investigation, irrespective of its source

2.Which of the following best describes the term "property" as defined in Section 111?

• (A) Only movable and immovable tangible assets are covered
• (B) Property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible, including deeds and instruments and property obtained through proceeds of crime
• (C) Only deeds and instruments evidencing title to property are covered
• (D) Only property that was physically present at the scene of the offence

3.Does the definition of "contracting State" in Section 111 require that arrangements with a foreign country be made through a formal treaty?

• (A) No; it includes any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise
• (B) Yes; only arrangements made through a formal treaty qualify
• (C) Only where the country is geographically contiguous to India
• (D) Only if the arrangement is made by a state government rather than the Central Government

4.Which activity falls within the definition of "tracing" (Clause (e)) but is not the specific content of "identifying" (Clause (b)) as defined in Section 111?

• (A) Establishing proof that property was derived from, or used in, the commission of an offence
• (B) Including deeds and instruments as part of the concept of property
• (C) Determining the disposition, movement, title or ownership of property
• (D) Making arrangements with a "contracting State" for mutual assistance

5.Who may make the application that enables a Criminal Court to issue a letter of request under Section 112?

• (A) Any citizen of India
• (B) Public prosecutor
• (C) Investigating officer
• (D) Investigating officer or any officer superior in rank to the investigating officer

6.Who determines the manner in which the letter of request under Section 112 shall be transmitted?

• (A) Central Government
• (B) State Government
• (C) The Court issuing the letter
• (D) The investigating officer

7.Under Section 112(1), can the foreign court or authority be required to produce documents or things from persons other than the one examined?

• (A) No — only the person examined can be required to produce documents
• (B) Only if those other persons are governmental officials
• (C) Yes — it may require such person or any other person to produce any document or thing in his possession pertaining to the case
• (D) Only with prior permission of the Court issuing the letter

8.Which of the following about transmission of evidence under a Section 112 letter of request is correct?

• (A) Authenticated copies of evidence may be forwarded to the Court issuing the letter instead of originals
• (B) Only original documents and things must be forwarded to the issuing Court
• (C) Authenticated copies are permitted only with Central Government approval
• (D) The provision is silent on whether originals or copies may be sent

9.Which of the following is one of the actions the Central Government may take upon receiving a letter of request under Section 113?

• (A) Forward the letter to the Chief Judicial Magistrate or Judicial Magistrate to summon the person or produce the document or thing.
• (B) Directly transmit the evidence to the foreign Court without involving any Indian authority.
• (C) Refer the letter to the State Human Rights Commission for inquiry.
• (D) Appoint a foreign magistrate to conduct the examination in India.

10.If the Central Government sends the letter of request to a police officer under Section 113(1)(ii), how is the police officer required to investigate the offence?

• (A) Investigate according to the law of the requesting foreign country.
• (B) Defer investigation until formal mutual legal assistance is concluded.
• (C) Investigate the offence in the same manner as if the offence had been committed within India.
• (D) Only collect authenticated copies of documents and not conduct further inquiry.

11.Is a Magistrate or police officer required to forward all evidence collected under Section 113(1) to the Central Government, or is forwarding discretionary?

• (A) Forwarding is discretionary and may be refused by the Magistrate or police officer.
• (B) Forwarding is mandatory; they shall forward the evidence to the Central Government for transmission.
• (C) They must forward only if the person consents to transmission.
• (D) They may instead transmit evidence directly to the requesting authority if authorised by the State Government.

12.Under Section 114(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, how must a Court in India send a warrant it desires to be executed in a contracting State?

• (A) Send the warrant in duplicate in such form to such Court, Judge or Magistrate through such authority as the Central Government may, by notification, specify.
• (B) Transmit the original warrant directly to the accused in the contracting State without any prescribed formality.
• (C) Send a single copy of the warrant to the foreign police through diplomatic channels only.
• (D) Forward the warrant to the Central Government for execution without addressing a foreign Court or Judge.

13.According to Section 114(3), when a Court in India receives a warrant for arrest issued by a Court, Judge or Magistrate in a contracting State, it must

• (A) execute the warrant as if it were a warrant received from another Court in India for execution within its local limits.
• (B) refer the warrant back to the Central Government for approval before execution.
• (C) treat the warrant as advisory only and seek fresh orders from the issuing foreign Court.
• (D) detain the person only if the contracting State provides reciprocal written assurance.

14.If a person is transferred to a contracting State pursuant to Section 114(3) and that person is a prisoner in India, who may impose conditions on the transfer?

• (A) Only the receiving contracting State may impose conditions.
• (B) Only the presiding judge of the receiving Court in the contracting State may impose conditions.
• (C) Only the Central Government may impose conditions.
• (D) The Court in India or the Central Government may impose such conditions as that Court or Government deems fit.

15.Which statement correctly captures the distinction between subsections (4) and (5) of Section 114 regarding authority over conditions for transferred prisoners?

• (A) Subsection (4) and subsection (5) both leave the determination of conditions entirely to the receiving contracting State.
• (B) Subsection (4) allows either the Central Government or the Indian Court to impose conditions when an Indian prisoner is transferred abroad under subsection (3), while subsection (5) requires the Central Government to direct in writing the custody conditions for prisoners transferred to India under subsections (1) or (2), with the Indian Court ensuring compliance.
• (C) Subsection (4) requires the Central Government alone to impose conditions, whereas subsection (5) permits the receiving contracting State to set custody conditions without any role for Indian authorities.
• (D) Both subsections (4) and (5) vest sole discretion in the Indian Court to impose and direct all conditions for transfers in either direction.

16.According to Section 115(2), if a Court in India has made an order for attachment or forfeiture and the property is suspected to be in a contracting State, the Court may do which of the following?

• (A) Seek extradition of the person owning the property from the contracting State
• (B) Issue an Interpol Red Notice to the contracting State
• (C) Issue a letter of request to a Court or an authority in the contracting State for execution of the order
• (D) Direct the Central Government to unilaterally seize property in that contracting State

17.If the Central Government receives from a contracting State a letter of request for attachment or forfeiture of property in India obtained from an offence committed in that contracting State, what does Section 115(3) permit the Central Government to do?

• (A) Directly execute the attachment or forfeiture without involving any Court
• (B) Forward the letter of request to the Court, as it thinks fit, for execution in accordance with sections 116 to 122 or any other law
• (C) Automatically refuse the request if the offence occurred outside India
• (D) Forward the request only to the Supreme Court for execution

18.Which of the following correctly describes the discretion of the Central Government under Section 115(3) when it receives a foreign letter of request for attachment/forfeiture of property in India?

• (A) The Central Government must forward every such letter to the same Court specified by the requesting State
• (B) The Central Government has no role and must return the letter to the requesting State
• (C) The Central Government is required to execute the order itself without referring to Indian courts
• (D) The Central Government may forward the letter to a Court, as it thinks fit, for execution under sections 116–122 or any other applicable law

19.Under section 116(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, whom shall the Court direct to take all steps necessary for tracing and identifying unlawfully acquired property?

• (A) A police officer not below the rank of Sub-Inspector of Police
• (B) Any police officer of any rank
• (C) Only the Superintendent of Police
• (D) Any public servant authorised by the Court

20.Which of the following types of steps may be included under section 116(2) when tracing and identifying property?

• (A) Search and seizure only
• (B) Any inquiry, investigation or survey
• (C) Framing of charges against the owner
• (D) Imposition of penalties and fines

21.Are books of account in banks or public financial institutions within the scope of inquiries under section 116(2)?

• (A) No, financial records are excluded
• (B) Yes, but only for banks, not other financial institutions
• (C) Yes, but only with the consent of the account holder
• (D) Yes, books of account in any bank or public financial institutions are included

22.Who is required to carry out any inquiry, investigation or survey referred to in section 116(2)?

• (A) Any police officer, including those below Sub-Inspector rank
• (B) An officer mentioned in sub-section (1) (i.e., a police officer not below the rank of Sub‑Inspector)
• (C) Any agency or officer as directed by the State Government
• (D) Any judicial officer appointed by the Court

23.Under Section 117(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, what may an officer do if he has reason to believe a property is likely to be concealed, transferred or otherwise disposed of?

• (A) Make an order for seizing such property or, if not practicable, make an order of attachment directing that the property shall not be transferred except with prior permission of the officer making such order.
• (B) Sell the property immediately to prevent loss.
• (C) Institute a criminal prosecution against the owner without any interim order on the property.
• (D) Order demolition of any structure on the property.

24.If an attachment order under Section 117(1) directs that the property shall not be transferred or otherwise dealt with, except with prior permission, who may grant that prior permission?

• (A) The said Court.
• (B) The officer making such order.
• (C) Any police officer on duty.
• (D) The State Government.

25.When does an order made under Section 117(1) take effect according to Section 117(2)?

• (A) It takes immediate effect upon being made by the officer.
• (B) It takes effect only after it has been served on the person concerned.
• (C) It takes effect automatically after thirty days even without court action.
• (D) It has no effect unless it is confirmed by an order of the said Court within thirty days of its being made.

26.Under Section 118(1) of the Bharatiya Nagarik Suraksha Sanhita, who may the Court appoint as Administrator of seized or forfeited property?

• (A) The District Magistrate of the area where the property is situated
• (B) The Chief Secretary of the State
• (C) The District Judge of the jurisdiction
• (D) Any person nominated by the Central Government

27.Which of the following correctly describes a primary function of the Administrator appointed under Section 118(2)?

• (A) To prosecute offences related to the property
• (B) To adjudicate title disputes over the property
• (C) To receive and manage the property subject to conditions specified by the Central Government
• (D) To supervise police investigations regarding the property

28.Who specifies the manner and conditions under which the Administrator shall manage the property under Section 118(2)?

• (A) The District Magistrate
• (B) The Court that made the order
• (C) The State Government
• (D) The Central Government

29.Which authority may nominate 'any other officer' to perform the functions of an Administrator under Section 118(1)?

• (A) The Central Government
• (B) The Court itself
• (C) The District Magistrate
• (D) The State Government

30.Under Section 119, within what period must the person affected indicate the source of income and show cause as specified in the notice?

• (A) Fifteen days
• (B) Thirty days
• (C) Sixty days
• (D) Ninety days

31.If a notice under Section 119(1) specifies that a property is held on behalf of the person affected by another person, what must the Court do under Section 119(2)?

• (A) Serve the notice only on the person affected and not on the holder
• (B) Serve the notice only on the other person holding the property
• (C) Serve the notice on the person affected and also serve a copy upon that other person
• (D) No service on any other person is required

32.To whom does Section 119 provide that any property declared proceeds of crime shall be forfeited?

• (A) The State Government
• (B) The person affected
• (C) The Court
• (D) The Central Government

33.Which procedural step does Section 119 require before the Court can declare property to be proceeds of crime and order forfeiture?

• (A) The Court may immediately declare and forfeit the property without notice
• (B) The Court must serve a notice calling upon the person to show cause within the period specified (30 days)
• (C) The Court can act only after the person is convicted in a criminal trial
• (D) The Court must obtain a separate complaint from the police before acting

34.Who must be given a reasonable opportunity of being heard before the Court records a finding under Section 120?

• (A) The person affected, and where the person holds property through any other person, such other person also.
• (B) Only the person affected; third parties need not be heard under any circumstance.
• (C) Only the person who filed the show-cause notice.
• (D) The Central Government representative and the person affected.

35.If the person affected does not appear or represent their case within the thirty days specified in the show-cause notice, what may the Court lawfully do under Section 120?

• (A) Extend the period indefinitely until appearance is secured.
• (B) Dismiss the show-cause notice for want of prosecution.
• (C) Proceed to record a finding only after appointing a public prosecutor.
• (D) Proceed to record a finding ex parte on the basis of evidence available before it.

36.If shares in a company stand forfeited to the Central Government under Section 120, can the company's Articles of Association or the Companies Act prevent immediate registration of the Central Government as transferee?

• (A) Yes — the Articles of Association take precedence and may delay registration.
• (B) No — the company must forthwith register the Central Government as transferee notwithstanding the Companies Act or the Articles.
• (C) Yes — registration can be delayed until a court order permits transfer under company law.
• (D) No — but only if the Central Government files a separate transfer deed under company law.

37.Under Section 121 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when the Court declares property forfeited under section 120 and the source of only a part of such property has not been proved, what must the Court do?

• (A) Order forfeiture of the entire property without any option
• (B) Make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part
• (C) Require the person to pay a fine equal to the market value of the whole property
• (D) Send the matter for further criminal proceedings only

38.Before imposing a fine under Section 121(1), what procedural safeguard does the provision require?

• (A) No safeguard is required; the fine can be imposed immediately
• (B) The fine must be approved by the Central Government
• (C) The person affected must sign a waiver
• (D) The person affected shall be given a reasonable opportunity of being heard

39.If the person affected pays the fine due under Section 121(1) within the time allowed, what power does the Court have?

• (A) The Court must automatically release the property without any order
• (B) The Court may confiscate additional property instead
• (C) The Court may, by order, revoke the declaration of forfeiture under section 120 and thereupon such property shall stand released
• (D) The Court has no power to alter the prior declaration of forfeiture

40.Which statement correctly reflects the effect of payment of the fine under Section 121(3)?

• (A) Payment of the fine alone automatically releases the property immediately upon payment
• (B) Payment allows the Court to revoke the forfeiture by order, and only then does the property stand released
• (C) Payment requires the Central Government's separate approval to release the property
• (D) Payment is ineffective unless the fine equals the market value of the entire property

41.The provision uses the phrase "transferred by any mode whatsoever." What does this phrase mean in context?

• (A) It applies only to transfers by sale or gift.
• (B) It covers transfers by all modes, irrespective of the form or method.
• (C) It applies only to transfers effected by a written deed.
• (D) It applies only to electronic transfers.

42.If a person transferred the referred property before an order under s.117(1) was made or before a notice under s.119 was issued, what is the effect of Section 122 on that earlier transfer?

• (A) The earlier transfer is ignored for proceedings under this Chapter.
• (B) The earlier transfer is immediately deemed null and void.
• (C) Section 122 applies only to transfers after the making of the order or the issue of the notice, so earlier transfers are not covered by this provision.
• (D) The earlier transfer is automatically forfeited to the Central Government under section 120.

43.If the property referred to in the order or notice is later forfeited to the Central Government under section 120, what is the effect on any transfer made after the order/notice?

• (A) The transfer remains valid despite forfeiture.
• (B) The transfer is deemed to be null and void.
• (C) The transfer is converted into a licence in favour of the transferee.
• (D) Forfeiture has no effect on the transfer under Section 122.

44.Which types of documents does Section 123 expressly refer to for transmission under this Chapter?

• (A) Letter of request, summons and warrant
• (B) Only warrants
• (C) Only letters of request and warrants
• (D) All judicial records and judgments

45.Who specifies the form and manner in which letters of request, summons or warrants are to be transmitted under Section 123?

• (A) The concerned Court in India
• (B) A contracting State
• (C) The Central Government, by notification
• (D) The Supreme Court of India

46.Under Section 123, when a letter of request is to be transmitted to a contracting State under this Chapter, it must be:

• (A) Transmitted to the contracting State in the form and manner specified by the Central Government
• (B) Sent directly by the concerned Court in India without Central Government involvement
• (C) Forwarded to the State government for certification before transmission
• (D) Transmitted only after approval by the Supreme Court

47.Which statement best captures the combined effect of Section 123 regarding the Central Government's role?

• (A) The Central Government must only forward documents to contracting States and cannot send anything to Indian courts.
• (B) The Central Government is required to send all documents only to Indian courts and not to contracting States.
• (C) The Central Government determines the form and manner by notification and either transmits documents to a contracting State or, as the case may be, sends them to the concerned Court in India.
• (D) The Central Government adjudicates the requests contained in letters of request before transmission.

48.Who is empowered by Section 124 to direct that the application of this Chapter in relation to a contracting State be subject to specified conditions?

• (A) The Central Government
• (B) The State Government
• (C) The Parliament of India
• (D) The President of India

49.Section 124 applies the Chapter in relation to which States?

• (A) Any foreign State
• (B) Only contracting States even if no reciprocal arrangements exist
• (C) Only contracting States with which reciprocal arrangements have been made
• (D) Only States that are members of a specified international organisation

50.What may the notification under Section 124 specify about the application of this Chapter?

• (A) That the Chapter is abolished entirely in relation to the contracting State
• (B) That parliamentary ratification is required before the Chapter applies
• (C) That legislative power be transferred to the State Government
• (D) That the application shall be subject to such conditions, exceptions or qualifications as are specified