Practice paper — BNSS Chapter XI — Maintenance Of Public Order And Tranquillity
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1.Under Section 148(1), an assembly of what minimum number of persons may be commanded to disperse?
- (A) Three persons
- (B) Five or more persons
- (C) Ten persons
- (D) Any number of persons
2.If the officer in charge of a police station is present, when may a police officer not below the rank of sub‑inspector command an assembly to disperse under Section 148(1)?
- (A) Yes, a sub‑inspector may command even if the officer in charge is present.
- (B) Only with written permission from the Executive Magistrate.
- (C) Only if the officer in charge is absent.
- (D) Only if the assembly exceeds ten persons.
3.Who may be required to assist in dispersing an assembly under Section 148(2)?
- (A) Any person except an officer or member of the armed forces acting as such.
- (B) A serving officer of the armed forces acting in their official capacity.
- (C) Only police officers of rank sub‑inspector or above.
- (D) Only Executive Magistrates and police officers.
4.What is the duty of an officer of the armed forces when a requisition to disperse an assembly is made under Section 149(3)?
- (A) He shall obey the requisition in such manner as he thinks fit, but use as little force and do as little injury to person and property as may be consistent with dispersing the assembly
- (B) He must always use maximum force to ensure immediate dispersion
- (C) He may refuse to obey any requisition from a Magistrate
- (D) He must obtain written confirmation from the District Magistrate before acting
5.Does Section 149(1) permit an Executive Magistrate authorised by the District Magistrate to order dispersal of an assembly if that authorised Executive Magistrate is not physically present at the scene?
- (A) Yes — prior authorisation alone is sufficient even if not present
- (B) Yes — presence is not required when the assembly is large
- (C) No — the authorised Executive Magistrate must be present to cause dispersion
- (D) Only if the District Magistrate has issued a written standing order for such situations
6.Under Section 150 of the Bharatiya Nagarik Suraksha Sanhita, 2023, who is expressly empowered to disperse an assembly when the conditions in the section are met?
- (A) Any commissioned or gazetted officer of the armed forces
- (B) Any non-commissioned officer of the armed forces
- (C) Any Executive Magistrate
- (D) Any police officer in command
7.If an officer is acting under Section 150 and it becomes practicable for him to communicate with an Executive Magistrate, what must he do?
- (A) Continue his action until the assembly is dispersed, irrespective of communication
- (B) Refer the matter to his superior armed forces officer for instructions
- (C) Stop all action immediately and release any detained persons without waiting for instructions
- (D) Communicate with the Executive Magistrate and thenceforward obey the Magistrate's instructions as to whether he shall or shall not continue such action
8.Which of the following best describes the limitation placed on the officer's authority by the proviso in Section 150 once communication with an Executive Magistrate is practicable?
- (A) The officer may act contrary to the Magistrate's instructions if public security still appears endangered
- (B) The officer must immediately hand command to the Magistrate and cease all involvement
- (C) The officer shall communicate and thereafter obey the Executive Magistrate's instructions as to whether he shall or shall not continue such action
- (D) The officer must seek a court order before complying with any Magistrate instruction
9.Under Section 151(1), when the person is an officer or member of the armed forces, prosecution for any act purporting to be done under sections 148, 149 or 150 may be instituted only with the sanction of:
- (A) Central Government
- (B) State Government
- (C) Ministry of Defence
- (D) High Court
10.Which statement correctly describes the protection given by Section 151(2)(b) to a person doing an act in compliance with a requisition under section 148 or section 149?
- (A) They may still be prosecuted but will receive leniency at sentencing
- (B) They shall not be deemed to have thereby committed an offence
- (C) They are protected only if the requisition was made by the Central Government
- (D) They must obtain prior judicial approval to obtain protection
11.Under Section 152, who may make a conditional order for removal of a nuisance?
- (A) A District Magistrate, a Sub-divisional Magistrate, or any other Executive Magistrate specially empowered by the State Government
- (B) Any police officer who reports the nuisance
- (C) Any Civil Court on receiving a police report
- (D) The municipal commissioner of the local area
12.If a Magistrate considers that keeping certain goods is injurious to community health, which relief may the Magistrate order under Section 152?
- (A) Only to pay a monetary penalty to the State
- (B) To desist from carrying on the trade, or to remove or regulate such goods or the keeping thereof as directed
- (C) To refer the matter to a Civil Court for determination
- (D) To allow continuation of the trade subject to an annual licence
13.If the order directs destruction of a dangerous animal and the owner objects, before whom does Section 152 require the owner to appear?
- (A) Before the same Magistrate who made the order or before some other Executive Magistrate subordinate to him
- (B) Before any Executive Magistrate nominated by the State Government
- (C) Before a Civil Court having jurisdiction in the area
- (D) Before the police officer who made the report
14.If the order cannot be served on the person as provided in sub‑section (1), what does sub‑section (2) require?
- (A) It shall be sent by registered post to the person
- (B) It shall be notified by proclamation published in such manner as the State Government may, by rules, direct, and a copy shall be stuck up at such place(s) as may be fittest for conveying the information to such person
- (C) It shall be personally served by the police at any cost
- (D) It shall be deposited in the court record without external notification
15.Who determines the manner in which the proclamation required by Section 153(2) is to be published?
- (A) The Central Government
- (B) The presiding judicial officer who made the order
- (C) The district magistrate
- (D) The State Government, by rules
16.Who is required to comply with the order under Section 154 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
- (A) The person against whom such order is made
- (B) Any police officer present at the scene
- (C) The person who issued the order
- (D) Any witness to the act specified in the order
17.If an order specifies both a time and a manner for performance, what does Section 154 require the person against whom the order is made to do?
- (A) Perform the act within the time and in the manner specified in the order
- (B) Perform the act within the time but in any manner they choose
- (C) Postpone performance until after showing cause
- (D) Do nothing until the authority enforces the order
18.Which of the following best describes the scope of 'audio-video conferencing' under Section 154?
- (A) It may be used only for the hearing but not for the appearance of the person
- (B) It may be used only for the person's appearance but not for the hearing
- (C) It may be used for either the appearance or the hearing as permitted
- (D) It is not permitted for either appearance or hearing
19.Where does Section 155 direct the penalty for failure to comply with an order under section 154 to be specified?
- (A) Section 154 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- (B) Section 223 of the Bharatiya Nyaya Sanhita, 2023
- (C) Section 155 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- (D) A Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023
20.Which of the following correctly states what happens to the order made under section 154 when the person does not comply, as per Section 155?
- (A) The order is stayed pending imposition of penalty under section 223.
- (B) The order is quashed if the person fails to perform the act.
- (C) The order is suspended for a fixed period before becoming final.
- (D) The order shall be made absolute.
21.Under Section 156(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, what is the Magistrate required to do when the person against whom an order under section 152 is made appears before him?
- (A) Question him as to whether he denies the existence of any public right in respect of the way, river, channel or place
- (B) Automatically stay the proceedings until a competent Court decides the matter
- (C) Order immediate eviction or removal of the obstruction without questioning
- (D) Record the person’s statement for use in section 157 proceedings but not question about public rights
22.During the inquiry under Section 156(2), the Magistrate finds reliable evidence supporting the denial of a public right. What is the Magistrate's duty in that circumstance?
- (A) Dismiss the original order under section 152
- (B) Stay the proceedings until the matter of the existence of such right has been decided by a competent Court
- (C) Proceed under section 157 despite the evidence
- (D) Award interim relief to the person denying the public right
23.Which statement correctly summarizes the two alternative courses a Magistrate must take after inquiry under Section 156(2)?
- (A) If reliable evidence is found, proceed under section 157; if not, stay proceedings until decided by a competent Court
- (B) If reliable evidence is found, stay proceedings until decided by a competent Court; if no such evidence is found, proceed as laid down in section 157
- (C) Always stay proceedings regardless of evidence and refer to a civil court for decision
- (D) Allow the person to re-raise denial at any later stage if new evidence is available
24.What is the time frame within which proceedings under Section 157 must be completed, and how may it be extended?
- (A) Sixty days, extendable to ninety days
- (B) One hundred and twenty days fixed with no extension
- (C) Ninety days, which may be extended to one hundred and twenty days
- (D) Thirty days with no provision for extension
25.According to Section 157(3), what is the consequence if the Magistrate is not satisfied after hearing the person and taking evidence?
- (A) The Magistrate may retry the matter under warrant-case procedure
- (B) The Magistrate shall modify the order and continue proceedings
- (C) The Magistrate may impose interim conditions and proceed further
- (D) No further proceedings shall be taken in the case
26.Under Section 158 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the purposes of an inquiry under sections 156 or 157 the Magistrate may:
- (A) Direct a local investigation to be made by such person as he thinks fit only
- (B) Summon and examine an expert only
- (C) Either direct a local investigation or summon and examine an expert
- (D) Neither direct investigation nor summon an expert
27.Does Section 158 make it mandatory for the Magistrate to direct a local investigation or summon an expert when conducting an inquiry under sections 156 or 157?
- (A) Yes — the Magistrate must always do one of these
- (B) No — the language is discretionary ('may') so it is not mandatory
- (C) Yes — but only if the public prosecutor requests it
- (D) No — only the State Government can order these actions
28.Which of the following is correct about any limitation in Section 158 on exercising the powers stated in clauses (a) and (b)?
- (A) Section 158 expressly states the Magistrate may exercise both powers together in every case
- (B) Section 158 does not expressly limit the Magistrate to only one of the two powers; it grants the listed powers for inquiries under sections 156 or 157
- (C) Section 158 prohibits the Magistrate from summoning an expert if a local investigation is directed
- (D) Section 158 requires consent of the accused before summoning an expert
29.According to section 159(2), what is the evidentiary status of the report of the person who conducted the local investigation?
- (A) The report may be read as evidence in the case
- (B) The report is inadmissible as evidence
- (C) The report may be read only with the accused's consent
- (D) The report may be read only after corroboration by another witness
30.Under section 159(1)(a), in what form may the Magistrate provide instructions to the person conducting the local investigation?
- (A) Only oral instructions are permitted
- (B) Only general policy statements are permitted
- (C) No instructions may be provided
- (D) Written instructions as may seem necessary for his guidance
31.When an order has been made absolute under section 155 or section 157, what is the Magistrate required to do under section 160(1)?
- (A) Give notice to the person against whom the order was made requiring him to perform the act within a fixed time and inform him that disobedience will attract the penalty under section 223.
- (B) Issue a warrant for the immediate arrest of the person against whom the order was made.
- (C) Publish the absolute order in the local gazette and inform the police for execution.
- (D) Refer the matter to the Sessions Court for execution of the order.
32.A Magistrate's order seeks attachment and sale of movable property located outside his local jurisdiction. What does section 160(2) require before attachment and sale can proceed?
- (A) No additional step; the Magistrate's order alone suffices for attachment and sale anywhere.
- (B) The order must be endorsed by the Magistrate within whose local jurisdiction the property to be attached is found.
- (C) Prior approval of the Sessions Judge of the district where the property is located is required.
- (D) Written consent of the owner of the property must be obtained before attachment.
33.Which statement correctly explains the legal effect of section 160(3)?
- (A) It bars all suits relating to anything done under section 160, whether done in good faith or not.
- (B) It permits suits arising from actions under section 160 only after prior permission from the Magistrate.
- (C) It provides that no suit shall lie in respect of anything done in good faith under this section, leaving open suits if acts were not done in good faith.
- (D) It requires the Magistrate to defend any suit that arises from acts done under this section.
34.Who may be the direct recipient of an injunction under Section 161(1)?
- (A) Any member of the public
- (B) The person against whom the order under section 152 was made
- (C) A government department regardless of any order under section 152
- (D) Only the owner of affected property
35.Which statement accurately describes the protection from civil suits provided by Section 161(3)?
- (A) No suit shall lie in respect of anything a Magistrate does, whether in good faith or not, under this section
- (B) Suits are barred only if the State gives prior sanction
- (C) A suit may lie against the Magistrate for actions under this section in all cases
- (D) No suit shall lie in respect of anything done in good faith by a Magistrate under this section
36.Under Section 162 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a magistrate may order a person to:
- (A) Not repeat or continue a public nuisance
- (B) Be detained without charge
- (C) Pay compensation for a public nuisance
- (D) Surrender property used in a nuisance
37.According to Section 162, which category of officers may exercise the power only when specifically empowered by the State Government or the District Magistrate?
- (A) District Magistrate
- (B) Sub-divisional Magistrate
- (C) All police officers regardless of rank
- (D) Any other Executive Magistrate or Deputy Commissioner of Police
38.Which statement best captures who may, without separate empowerment, issue an order under Section 162 as it is written?
- (A) Only the Deputy Commissioner of Police
- (B) Only any other Executive Magistrate
- (C) Both the District Magistrate and the Sub-divisional Magistrate
- (D) Only the State Government
39.May a Magistrate pass an order under Section 163 ex parte (without serving notice) in any circumstance?
- (A) No, an order must always be served before being passed
- (B) Yes — in cases of emergency or where circumstances do not admit of serving notice in due time
- (C) Yes — but only after prior approval of the State Government
- (D) No — ex parte orders are prohibited under this section
40.A Magistrate makes an order under Section 163. If the State Government deems it necessary and issues the notification under the proviso to sub-section (4), what is the maximum total period for which the original order may remain in force from its date of making?
- (A) 2 months
- (B) 6 months
- (C) 8 months
- (D) 12 months
41.For the purposes of Section 164, which of the following is expressly included within the expression "land or water"?
- (A) Buildings
- (B) Ships
- (C) Patent rights
- (D) Motor vehicles
42.A party was forcibly and wrongfully dispossessed one month before the police report reached the Magistrate. Under Section 164, the Magistrate may:
- (A) Refuse to treat that party as in possession on the date of his order because dispossession occurred before the report.
- (B) Treat the party so dispossessed as if that party had been in possession on the date of his order under the proviso to sub-section (4).
- (C) Automatically award permanent title to the dispossessed party.
- (D) Allow the dispossessed party to be treated as in possession only if dispossession occurred after the Magistrate's order.
43.Which statement best describes the legal effect of the Magistrate's order under sub-section (1)?
- (A) The order is final and cannot be cancelled or stayed under any circumstances.
- (B) The order is merely advisory and has no binding effect on possession.
- (C) The order is final, but if any party shows that no such dispute exists the Magistrate shall cancel the order and further proceedings shall be stayed.
- (D) The order automatically vests title and permanently transfers possession to the party named.
44.When the Magistrate appoints a receiver under Section 165(2), what powers does that receiver have?
- (A) Only custodial powers as specified by the Magistrate, without reference to any civil code.
- (B) All the powers of a receiver appointed under the Code of Civil Procedure, 1908, subject to the control of the Magistrate.
- (C) Powers limited to taking inventory and preserving property, but not sale or disposition.
- (D) No powers; the receiver is only a nominal custodian until a Civil Court acts.
45.Under what condition may the Magistrate withdraw an attachment once it has been made under Section 165(1)?
- (A) If he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute.
- (B) Only if a competent Court has already determined the rights of the parties.
- (C) Only upon consent of both parties to the dispute.
- (D) Only if a Civil Court requests the Magistrate to withdraw the attachment.
46.Who is empowered to make the initial written order requiring parties to attend court and file written statements when a dispute likely to cause a breach of the peace exists regarding alleged rights of user of land or water?
- (A) Executive Magistrate
- (B) District Judge
- (C) Police Officer
- (D) Civil Judge
47.A right is exercisable at all times of the year, but it was not exercised within three months next before the receipt of the police report that led to the inquiry. Can the Magistrate make an order prohibiting interference with that right (including removal of obstruction)?
- (A) Yes, if the Magistrate finds the right exists
- (B) No, the proviso prevents making such an order
- (C) Yes, but only after taking further evidence
- (D) Only if the alleged obstruction currently exists
48.Which statement correctly states the proviso limiting the Magistrate's power to order prohibition of interference or removal of obstruction?
- (A) The Magistrate may order removal of obstruction whenever he finds such rights exist, regardless of when the right was last exercised.
- (B) No order shall be made for year‑round rights unless exercised within three months, but seasonal rights need not have been exercised during the last season.
- (C) No such order shall be made where the right is exercisable at all times of the year unless exercised within three months before receipt of the report, and where the right is exercisable only at particular seasons unless it was exercised during the last such season.
- (D) Orders for removal of obstruction can be made only if both parties consent in writing.
49.May the report of the person deputed to make the local inquiry be read as evidence in the case under Section 167?
- (A) Yes, it may be read as evidence
- (B) No, it is only advisory
- (C) Only with written consent of parties
- (D) Only if the Magistrate approves it
50.Under Section 167(3), when directing payment of costs incurred by a party to a proceeding under sections 164–166, which items may the Magistrate include as costs?
- (A) Only court fees and administrative costs
- (B) Only fines and penalties imposed by the court
- (C) Expenses incurred in respect of witnesses and advocates' fees
- (D) Only compensation ordered to victims
Answer key
Explanations
- 1. (B) Section 148(1) expressly refers to "any assembly of five or more persons likely to cause a disturbance of the public peace" as subject to a command to disperse. Thus the statutory minimum given is five persons.
- 2. (C) Section 148(1) allows "any police officer, not below the rank of a sub‑inspector" to command only "in the absence of such officer in charge". Hence a sub‑inspector’s power is conditional on the officer in charge being absent.
- 3. (A) Section 148(2) states the officer "may require the assistance of any person, not being an officer or member of the armed forces and acting as such" for dispersal. Therefore assistance may be required from any person except officers or members of the armed forces acting in that role.
- 4. (A) Section 149(3) expressly provides that every such officer shall obey the requisition in such manner as he thinks fit, but in so doing shall use as little force and do as little injury to person and property as may be consistent with dispersing the assembly.
- 5. (C) Section 149(1) specifies that the District Magistrate or any other Executive Magistrate authorised by him, 'who is present,' may cause the assembly to be dispersed. The phrase 'who is present' indicates physical presence is required.
- 6. (A) The provision states that "any commissioned or gazetted officer of the armed forces may disperse such assembly..." and does not confer that power on non-commissioned officers, Executive Magistrates or police officers in this section.
- 7. (D) The provision directs that if "it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such action."
- 8. (C) The proviso requires that when communication becomes practicable "he shall do so, and shall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such action," so the officer must follow the Magistrate's directions on continuing the action.
- 9. (A) Section 151(1)(a) states that prosecution against an officer or member of the armed forces shall be instituted only with the sanction of the Central Government. The provision does not substitute the Ministry of Defence or courts for that sanction.
- 10. (B) Section 151(2)(b) states that no person doing any act in good faith in compliance with a requisition under section 148 or section 149 shall be deemed to have thereby committed an offence. The protection is framed as not being 'deemed' an offence when done in good faith.
- 11. (A) Section 152(1) states that a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government may make the conditional order. The provision requires receipt of a police report or other information and such evidence as the Magistrate thinks fit.
- 12. (B) Section 152(1)(b) authorises the Magistrate to require persons to desist from carrying on, or to remove or regulate such trade or goods, or to regulate the keeping thereof. The provision does not limit relief to a monetary penalty or referral to civil courts.
- 13. (A) Section 152(1)(vi) specifies that if the owner objects to destroying the dangerous animal, he must appear before the Magistrate who made the order or before some other Executive Magistrate subordinate to him. The provision does not provide for appearance before civil courts or any nominated magistrate beyond the subordinate described.
- 14. (B) Section 153(2) requires that if the order cannot be served as in (1), it shall be notified by proclamation published in such manner as the State Government may, by rules, direct, and a copy shall be stuck up at such place(s) as may be fittest for conveying the information to such person. The subsection prescribes both publication and posting.
- 15. (D) Section 153(2) specifies that the proclamation shall be published in such manner as the State Government may, by rules, direct. Thus the State Government, through rules, prescribes the manner of publication.
- 16. (A) The provision begins: 'The person against whom such order is made shall—' indicating that the obligation falls on the person against whom the order is made. (See clause (a) and (b) of Section 154.)
- 17. (A) Clause (a) of Section 154 expressly requires the person to 'perform, within the time and in the manner specified in the order, the act directed thereby.' So the performance must follow both the specified time and manner.
- 18. (C) The provision expressly states that 'such appearance or hearing may be permitted through audio-video conferencing,' indicating that audio-video conferencing may be permitted for either the appearance or the hearing (or both) as the authority allows.
- 19. (B) Section 155 expressly states the person shall be liable to the penalty specified in that behalf in section 223 of the Bharatiya Nyaya Sanhita, 2023. Therefore the penalty is located in section 223 of the Bharatiya Nyaya Sanhita, not in section 154 or 155.
- 20. (D) Section 155 plainly states that if the person does not perform the act or appear and show cause, he shall be liable to the penalty and 'the order shall be made absolute.' Hence the correct consequence under Section 155 is that the order is made absolute.
- 21. (A) Section 156(1) expressly requires the Magistrate to question the person as to whether he denies the existence of any public right in respect of the way, river, channel or place. The provision does not direct an automatic stay or immediate eviction at this stage.
- 22. (B) Section 156(2) directs that if the Magistrate finds reliable evidence supporting such denial, he shall stay the proceedings until the matter of the existence of such right has been decided by a competent Court. The provision requires a stay, not proceeding under section 157 or granting interim relief in this text.
- 23. (B) Section 156(2) states that if the Magistrate finds reliable evidence supporting the denial he shall stay proceedings until a competent Court decides the existence of the right; if he finds no such evidence, he shall proceed as laid down in section 157. The provision therefore sets these two distinct alternatives.
- 24. (C) The proviso to Section 157 requires that proceedings be completed, as soon as possible, within a period of ninety days and that this period may be extended to one hundred and twenty days. Thus the initial limit is 90 days with a possible extension to 120 days.
- 25. (D) Section 157(3) states that if the Magistrate is not satisfied, no further proceedings shall be taken in the case. The provision expressly bars any further proceedings rather than retrying, modifying, or imposing interim measures.
- 26. (C) Section 158 explicitly states the Magistrate may, for purposes of an inquiry under sections 156 or 157, (a) direct a local investigation to be made by such person as he thinks fit; or (b) summon and examine an expert. Thus both powers are provided as options.
- 27. (B) Section 158 uses the word 'may', indicating a discretionary power: the Magistrate 'may' direct a local investigation or 'may' summon and examine an expert. There is no language making either action mandatory.
- 28. (B) The provision lists (a) and (b) after stating the Magistrate 'may' do them for inquiries under sections 156 or 157. It does not expressly state an exclusive limitation (such as permitting only one of the two) or impose conditions like consent of the accused.
- 29. (A) Section 159(2) states plainly that the report of such person may be read as evidence in the case. The subsection does not make admissibility conditional on consent or corroboration.
- 30. (D) Section 159(1)(a) authorises the Magistrate to furnish such person with such written instructions as may seem necessary for his guidance. The subsection specifies written instructions and does not limit to oral or general policy statements.
- 31. (A) Section 160(1) mandates that the Magistrate give notice to the person against whom the order was made, require performance within a time fixed in the notice, and inform him that disobedience will make him liable to the penalty provided by section 223. The other options are not stated in s.160(1).
- 32. (B) Section 160(2) provides that if the property is without the Magistrate's jurisdiction, the order shall authorise attachment and sale when endorsed by the Magistrate within whose local jurisdiction the property is found. No mention of Sessions Judge approval or owner consent appears.
- 33. (C) Section 160(3) states that no suit shall lie in respect of anything done in good faith under this section. This means the bar applies to acts done in good faith; the provision does not state that suits are barred for acts not done in good faith.
- 34. (B) Section 161(1) specifies the injunction is issued "to the person against whom the order was made" by the Magistrate under section 152. It does not describe issuing injunctions to any member of the public or to departments absent such an order.
- 35. (D) Section 161(3) expressly states that "No suit shall lie in respect of anything done in good faith by a Magistrate under this section." The protection therefore applies to acts done in good faith and does not state an absolute bar irrespective of good faith.
- 36. (A) The provision expressly states that the named magistrates "may order any person not to repeat or continue a public nuisance." It does not mention detention without charge, compensation, or property surrender.
- 37. (D) The provision lists "A District Magistrate or Sub-divisional Magistrate, or any other Executive Magistrate or Deputy Commissioner of Police empowered by the State Government or the District Magistrate in this behalf." This shows that 'any other Executive Magistrate or Deputy Commissioner of Police' exercise the power only when so empowered.
- 38. (C) The provision begins by naming "A District Magistrate or Sub-divisional Magistrate" before referring to other officers who must be "empowered." Thus the District Magistrate and Sub-divisional Magistrate can issue such orders without the separate empowerment language that applies to the other categories.
- 39. (B) Sub-section (2) permits an order under this section to be passed ex parte in cases of emergency or where the circumstances do not admit of serving notice in due time.
- 40. (C) Sub-section (4) limits a Magistrate's order to not more than two months, and the proviso allows the State Government to direct a further period not exceeding six months beyond that, making a maximum total of eight months.
- 41. (A) Sub-section (2) expressly states that "land or water" includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property. Therefore 'Buildings' are specifically included.
- 42. (B) The proviso to sub-section (4) states that if it appears the party has been forcibly and wrongfully dispossessed within two months before the date on which the report was received (or after that date and before the Magistrate's order), he may treat that party as if in possession on the date of his order. There is no automatic award of permanent title.
- 43. (C) Sub-section (5) provides that, subject to cancellation when a party shows no such dispute exists (in which case the Magistrate shall cancel the order and stay further proceedings), the order of the Magistrate under sub-section (1) shall be final. The provision therefore makes the order final but allows cancellation in the specified circumstance.
- 44. (B) Section 165(2) states that a receiver appointed by the Magistrate shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908. Thus the receiver's powers are those under the CPC, subject to Magistrate's control.
- 45. (A) The proviso to Section 165(1) states that the Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace regarding the subject of dispute. Withdrawal is therefore tied to the Magistrate's satisfaction about breach of the peace.
- 46. (A) Sub‑section (1) states: "Whenever an Executive Magistrate is satisfied... he shall make an order in writing, stating the grounds... and requiring the parties... to attend his Court... and to put in written statements." This identifies the Executive Magistrate as the authority to make the order.
- 47. (B) The proviso to sub‑section (3) provides that "no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the receipt... of the report." Therefore, if it was not exercised within that three‑month period, the Magistrate cannot make the order.
- 48. (C) The proviso to sub‑section (3) states both limitations: for rights exercisable at all times no order unless exercised within three months before receipt of the report, and for rights exercisable only at particular seasons no order unless exercised during the last such season. Hence the combined statement in option C is correct.
- 49. (A) Section 167(2) expressly provides: 'The report of the person so deputed may be read as evidence in the case.' Therefore the deputed person's report may be read as evidence.
- 50. (C) Section 167(3) states that such costs 'may include any expenses incurred in respect of witnesses and of advocates' fees, which the Court may consider reasonable.' Thus witness expenses and advocates' fees may be included.