Practice paper — BNSS Chapter XIII — Information To The Police And Their Powers To Investigate
50 questions · answer key at the end · no time limit · 120 more on the site
samvidhan.co.in
1.Under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in what manner may information relating to the commission of a cognizable offence be given to the officer in charge of a police station?
- (A) Orally or by electronic communication
- (B) Only in writing signed by the informant
- (C) Only orally
- (D) Only by electronic communication
2.According to Section 173(1)(ii), when is information given by electronic communication to be taken on record by the officer in charge?
- (A) Immediately on receipt of the electronic message
- (B) On being signed within three days by the person giving it
- (C) Only after being signed within seven days
- (D) Only if the informant appears in person to confirm it
3.Which of the following correctly states the rule in Section 173(3) for a cognizable offence punishable with imprisonment of three years or more but less than seven years?
- (A) The officer in charge may conduct a preliminary enquiry without prior permission and must complete it within seven days.
- (B) The officer in charge may, with prior permission from an officer not below the rank of Deputy Superintendent of Police, either conduct a preliminary enquiry to ascertain a prima facie case within fourteen days or proceed with investigation when a prima facie case exists.
- (C) Only a Magistrate may authorise any preliminary enquiry in such cases.
- (D) The officer must proceed to full investigation in all such cases; preliminary enquiry is not permitted.
4.If a police officer receives an order from a Magistrate to investigate a non-cognizable case, may the officer exercise the power to arrest without warrant during that investigation?
- (A) Yes, the officer may arrest without warrant once ordered to investigate.
- (B) Yes, but only with prior approval from the Superintendent of Police.
- (C) No, the officer may not exercise the power to arrest without warrant.
- (D) Only if the offence turns out to be cognizable during investigation.
5.A single case involves two offences, one cognizable and the other non-cognizable. What is the correct legal characterisation under the provision?
- (A) The entire case is non-cognizable because it includes a non-cognizable offence.
- (B) The case shall be deemed to be a cognizable case and may be treated as such for investigation purposes.
- (C) The case remains non-cognizable but may be investigated after Magistrate's order for the non-cognizable part.
- (D) The offences must be separated and tried in two distinct cases—one cognizable and one non-cognizable.
6.According to the proviso to Section 175(1), who may, considering the nature and gravity of the offence, require the Deputy Superintendent of Police to investigate the case?
- (A) The District Magistrate
- (B) The Inspector-General of Police
- (C) The Superintendent of Police
- (D) The officer in charge of the police station
7.Which of the following best describes the scope of cases that the officer in charge of a police station may investigate without a Magistrate’s order under Section 175(1)?
- (A) Any cognizable case anywhere in the country provided it is cognizable
- (B) No — only cases which a Court having jurisdiction over the local area within the limits of that station would have power to inquire into or try under Chapter XIV
- (C) Only minor offences and offences punishable with fine
- (D) Only cases after prior direction from the Superintendent of Police
8.Which of the following correctly states the requirement in Section 176 regarding recording the statement of a rape victim?
- (A) The statement must be recorded only at the police station by any available police officer.
- (B) The statement shall be recorded at the victim's residence or place of her choice and, as far as practicable, by a woman police officer in the presence of her parents/guardian/near relatives or a social worker, and may be recorded through audio‑video electronic means including a mobile phone.
- (C) The statement must be recorded only in the presence of the accused's relatives.
- (D) The statement may not be recorded through any electronic means.
9.If the officer in charge concludes there is "no sufficient ground for entering on an investigation" under Section 176(1)(b), which obligations follow under Section 176(2)?
- (A) He shall not investigate; he must state the reasons in his report, forward the daily diary report fortnightly to the Magistrate, and shall forthwith notify the informant in the manner prescribed.
- (B) He shall not investigate and has no further reporting or notification obligations.
- (C) He must nevertheless investigate the matter despite finding no sufficient ground.
- (D) He shall not investigate but only needs to forward the daily diary fortnightly to the Magistrate (no requirement to notify the informant).
10.Under Section 177(2), after giving instructions to the officer in charge of the police station, what must the superior officer do?
- (A) Record those instructions on the report and then transmit the report without delay to the Magistrate
- (B) Hold the report until approval from the State Government
- (C) Transmit only the instructions to the Magistrate and retain the report
- (D) Send the report to the District Collector before forwarding to the Magistrate
11.In Section 177(2), the phrase 'transmit the same without delay to the Magistrate' refers to which of the following?
- (A) Only the instructions given by the superior officer
- (B) The report with the recorded instructions entered on it
- (C) The officer in charge of the police station
- (D) A separate note to the State Government
12.Which of the following is NOT one of the actions the Magistrate is expressly stated to be able to take under Section 178?
- (A) Direct an investigation
- (B) At once proceed to hold a preliminary inquiry
- (C) Depute a subordinate Magistrate to proceed
- (D) Order a trial by jury
13.Does Section 178 permit the Magistrate to exercise its powers even in the absence of a report under Section 176?
- (A) Yes, whenever he suspects an offence
- (B) Yes, if the police request it
- (C) No, the provision is triggered on receiving a report under section 176
- (D) Only with prior approval of a Sessions Judge
14.According to Section 179(1), from where may the person required to attend be located?
- (A) Only within the limits of the investigating officer's own station
- (B) Within the limits of his own or any adjoining station
- (C) Anywhere in the State
- (D) Anywhere in India
15.Section 179 contains a further proviso about persons who cannot be required to attend elsewhere. If such a person is nevertheless willing to attend at the police station, what does the provision say?
- (A) They must be refused; willingness does not matter
- (B) They may attend only after obtaining a court order
- (C) They may attend but the police must take their written consent
- (D) If such person is willing to attend at the police station, such person may be permitted so to do
16.According to Section 180(2), is a person examined by the police bound to answer every question posed about the case?
- (A) Yes — the person must answer all questions relating to the case without exception.
- (B) No — the person may refuse to answer any question if they choose.
- (C) They are bound to answer all questions except those the answers to which would have a tendency to expose them to a criminal charge or to a penalty or forfeiture.
- (D) Only if the questions are put while the person is under oath must they answer.
17.Can a police officer below the rank prescribed by the State Government examine a person simply because he has been requisitioned by the investigating officer under Section 180(1)?
- (A) Yes — any requisition empowers any police officer regardless of rank to examine a person.
- (B) Yes — but only if the State Government issues a special written order in that particular case.
- (C) No — a requisition never empowers officers below the prescribed rank to examine.
- (D) Only if he is of a rank not below that prescribed by the State Government; otherwise he may examine only if he himself is making the investigation.
18.Under Section 181(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, what is the rule regarding signatures on written statements made to a police officer in the course of investigation?
- (A) Such written statements must be signed by the person making them.
- (B) Such written statements may be signed at the discretion of the police officer.
- (C) Such written statements shall not be signed by the person making them.
- (D) Such written statements must be countersigned by a magistrate to be valid.
19.Does an omission to state a fact in the written statement to police automatically amount to a contradiction under Section 181?
- (A) Yes — any omission is automatically a contradiction.
- (B) No — omissions are never treated as contradictions.
- (C) Only if the omission is expressly mentioned elsewhere in the Code.
- (D) Only if the omission appears significant and otherwise relevant in the particular context; it is a question of fact.
20.Which of the following actions is expressly prohibited by Section 182(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023?
- (A) Making false statements during investigation
- (B) Offering or making, or causing to be offered or made, any inducement, threat or promise as mentioned in section 22 of the Bharatiya Sakshya Adhiniyam, 2023
- (C) Preventing a person from making a statement of his own free will
- (D) Arresting a person without warrant
21.Does the proviso to Section 182(2) mean that subsection (2) overrides subsection (4) of section 183?
- (A) Yes — subsection (2) overrides subsection (4) of section 183
- (B) Yes — subsection (2) and subsection (4) of section 183 are merged
- (C) Only in cases expressly specified elsewhere
- (D) No — the proviso states that nothing in subsection (2) shall affect the provisions of subsection (4) of section 183
22.Who is empowered by section 183(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to record a confession or statement where information about an offence has been registered?
- (A) Any Magistrate of the District in which the information has been registered, whether or not he has jurisdiction
- (B) Only a Magistrate who has territorial jurisdiction over the case
- (C) A police officer authorised by the Superintendent of Police
- (D) Any judicial officer of the High Court
23.A person appears before a Magistrate to make a confession. Before the Magistrate begins recording, the person states he is not willing to make the confession. What must the Magistrate do under section 183(3)?
- (A) Proceed to record the confession if the police request it
- (B) Not authorise the detention of such person in police custody
- (C) Authorise detention for up to 24 hours to enable recording later
- (D) Order medical examination before recording
24.Under Section 184, who is primarily required to conduct the medical examination of a woman alleged to have been raped?
- (A) Any registered medical practitioner of the woman's choice
- (B) A registered medical practitioner employed in a hospital run by the Government or a local authority
- (C) A police surgeon appointed by the investigating officer
- (D) Any family doctor irrespective of employment
25.If the woman is unable to give consent to the medical examination under Section 184 (for example, due to unconsciousness), who may lawfully give consent for the examination?
- (A) Only a Magistrate referred to in section 193
- (B) The investigating officer on record
- (C) Any person present at the scene
- (D) A person competent to give such consent on her behalf
26.Under Section 185 of the Bharatiya Nagarik Suraksha Sanhita, who may initiate a search within the limits of a police station?
- (A) The officer in charge of the police station or a police officer making an investigation
- (B) Only a Magistrate
- (C) Any private citizen authorised by the owner
- (D) Any police officer from another station without orders
27.Which statement correctly describes the recording requirement for a search under Section 185?
- (A) Audio‑video recording is optional and only if practicable
- (B) Only an audio record (not video) is required
- (C) The search shall be recorded through audio‑video electronic means, preferably by mobile phone
- (D) No recording is required under this section
28.Does Section 185 require a magistrate‑issued search warrant before a police officer can search a place within the police‑station limits?
- (A) Yes; a magistrate warrant is mandatory before any search
- (B) No; the officer may search without a warrant after recording written grounds and specifying the thing for search
- (C) Yes; a warrant is required unless the owner gives written consent
- (D) No; but the officer must wait forty‑eight hours before conducting the search
29.Under Section 186(3), when is it lawful for an officer making an investigation to search a place within the limits of another police station as if it were within his own station?
- (A) When there is reason to believe that the delay caused by requiring the other station might result in evidence being concealed or destroyed
- (B) Whenever the officer thinks it convenient
- (C) Only with prior written authorisation from the officer in charge of the other station
- (D) Only after obtaining an order from a Magistrate
30.If an officer conducts a search under Section 186(3) (i.e., without requiring the other station because of urgency), is he required under Section 186 to forward the thing found to an officer who had requested the search?
- (A) Yes, Section 186(3) requires forwarding the thing found to the requesting officer
- (B) Yes, the thing found must be forwarded to the nearest Magistrate only
- (C) No, Section 186(2) requires forwarding when the search is made at another officer's request, but Section 186(3) does not impose forwarding; it requires sending notice and specified records under subsection (4)
- (D) No, the officer must destroy the thing found if it is in another station's limits
31.What is the position under Section 187(5) regarding a Second Class Magistrate authorising detention in the custody of the police?
- (A) No Magistrate of the second class, not specially empowered by the High Court, shall authorise detention in the custody of the police.
- (B) Any Second Class Magistrate may authorise detention in police custody.
- (C) Only the Chief Judicial Magistrate may authorise detention under this section.
- (D) A Second Class Magistrate may authorise detention if the accused refuses to sign the diary.
32.Section 187(3) prescribes maximum total detention periods (ninety days for very serious offences, sixty days for others). How does Explanation I affect detention after those periods expire?
- (A) The accused must be released unconditionally once the maximum period expires.
- (B) The Magistrate may lawfully continue to detain the accused beyond those maxima without any condition.
- (C) Notwithstanding expiry of subsection (3), the accused shall be detained in custody so long as he does not furnish bail; release occurs only if he furnishes bail.
- (D) The accused is automatically released on bail without need to furnish security.
33.To whom must the result of an investigation made by a subordinate police officer under this Chapter be reported?
- (A) A magistrate
- (B) The officer in charge of the police station
- (C) A superior officer of equal rank
- (D) The local government authority
34.If a subordinate police officer's investigation under this Chapter yields no evidence or negative findings, must he report the result to the officer in charge of the police station?
- (A) No — only positive findings must be reported
- (B) Yes — he shall report the result of such investigation regardless of its content
- (C) Only if the officer in charge requests a report
- (D) Not required if the investigation is inconclusive
35.If, upon investigation, the officer in charge finds insufficient evidence and the accused is in custody, what must the officer do under Section 189?
- (A) Release him without any bond
- (B) Forward him immediately to a Magistrate
- (C) Release him on his executing a bond or bail bond as the officer may direct
- (D) Keep him in custody pending further inquiry
36.Which of the following most accurately states the officer's duty under Section 189 when it appears there is not sufficient evidence or reasonable ground of suspicion to justify forwarding and the person is in custody?
- (A) The officer may either keep the person in custody or release him at their discretion
- (B) The officer must forward the person to a Magistrate despite insufficiency of evidence
- (C) The officer shall release the person on his executing a bond or bail bond as the officer may direct
- (D) The officer must discharge the accused from all proceedings without any bond
37.If the offence is bailable and the accused is able to give security, what does Section 190(1) permit the officer in charge of the police station to do?
- (A) Forward the accused under custody to a Magistrate anyway
- (B) Order an immediate trial without reference to the Magistrate
- (C) Take security from him for his appearance before such Magistrate
- (D) Release the accused unconditionally without security
38.When the officer in charge forwards an accused or takes security under Section 190(2), who must he require to execute a bond to appear and prosecute or give evidence?
- (A) The complainant (if any) and so many persons acquainted with the facts as the officer thinks necessary
- (B) Only the complainant
- (C) Only the accused's next of kin
- (D) Any police witnesses present
39.May a complainant or witness be required to give any security for appearance other than his own bond under Section 191?
- (A) Yes, if the officer in charge directs it
- (B) Yes, if the Magistrate so orders
- (C) No, not other than his own bond
- (D) Only for non-cognizable offences
40.Under the proviso to Section 191, who may detain the complainant in custody until he executes the bond or until the hearing is completed?
- (A) The Magistrate
- (B) The officer in charge of the police station
- (C) The Court of Sessions
- (D) The District Collector
41.Which of the following must be inserted in the case diary according to Section 192(2)?
- (A) Statements of the accused recorded under custody rules
- (B) Statements of witnesses recorded during the course of investigation under section 180
- (C) Copies of the charge-sheet and court orders
- (D) Forensic reports and laboratory certificates
42.Are the accused or their agents entitled to call for or see the police diaries merely because the Court refers to them, under Section 192(5)?
- (A) Yes, the accused have an absolute right to inspect the diaries once referred to by the Court
- (B) They can call for the diaries but may not make copies
- (C) They can see them only with the prosecution's written consent
- (D) No; neither the accused nor agents are entitled to call for or see them merely because they are referred to by the Court
43.Within what period must the police officer inform the informant or the victim about the progress of the investigation?
- (A) Within 30 days from the date of recording the information
- (B) Only at the time when investigation is completed
- (C) Within 90 days by any means including electronic communication
- (D) Within two months only for sexual offence cases
44.Where a superior officer of police has been appointed under section 177 and the State Government directs submission through that officer, what power does that superior officer have pending orders of the Magistrate?
- (A) He must await the Magistrate's orders and cannot direct any further action
- (B) He can quash the prosecution if he deems fit
- (C) He may forward the case directly to the court bypassing the Magistrate
- (D) He may direct the officer in charge of the police station to make further investigation
45.Under Section 194(1), to whom must the officer in charge of a police station immediately give intimation when he receives information that a person has committed suicide or has been killed?
- (A) The nearest Executive Magistrate empowered to hold inquests
- (B) The District Magistrate only
- (C) The Civil Surgeon
- (D) The nearest Judicial Magistrate
46.Which of the following magistrates are empowered to hold inquests under Section 194(4)?
- (A) Any Judicial Magistrate
- (B) Only the District Magistrate or Sub-divisional Magistrate
- (C) Any Executive Magistrate by virtue of being an Executive Magistrate (without special empowerment)
- (D) District Magistrate, Sub-divisional Magistrate, and any other Executive Magistrate specially empowered by the State Government or the District Magistrate
47.Under Section 195 of the Bharatiya Nagarik Suraksha Sanhita, 2023, who is empowered to summon two or more persons for the purpose of the investigation under section 194?
- (A) A Magistrate
- (B) A police officer proceeding under section 194
- (C) A public prosecutor
- (D) Any investigating officer irrespective of section 194
48.May a person summoned under Section 195 be compelled to answer a question if the answer would tend to expose them to a criminal charge or to a penalty or forfeiture?
- (A) Yes, they must answer all questions without exception
- (B) No, they need not answer such questions
- (C) Only if a Magistrate orders them to answer
- (D) Only if legal counsel is present
49.Under Section 196, who is required to hold an inquiry when the case is of the nature referred to in clause (i) or clause (ii) of sub‑section (3) of section 194?
- (A) The nearest Magistrate empowered to hold inquests shall hold the inquiry.
- (B) Any Magistrate empowered to hold inquests may hold the inquiry.
- (C) The police officer who investigated the case.
- (D) The Executive Magistrate must hold the inquiry.
50.Under Section 196(4), in which circumstance may a Magistrate cause a body already interred to be disinterred and examined?
- (A) Only if the relatives consent in writing and request an examination.
- (B) Only upon an order from a higher Court (e.g., High Court).
- (C) Whenever the Magistrate considers it expedient to make an examination in order to discover the cause of death.
- (D) Only when the investigating police officer has requested a post‑mortem.
Answer key
Explanations
- 1. (A) Section 173(1) expressly provides that every information relating to the commission of a cognizable offence may be given orally or by electronic communication to an officer in charge of a police station. The provision further prescribes how oral information must be reduced to writing and signed.
- 2. (B) Section 173(1)(ii) specifies that information given by electronic communication shall be taken on record by the officer on being signed within three days by the person giving it. The substance of the information is then to be entered in the prescribed book.
- 3. (B) Section 173(3) provides that for cognizable offences punishable for three years or more but less than seven years, the officer in charge may, with prior permission from an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry to ascertain whether a prima facie case exists within fourteen days, or proceed with investigation when a prima facie case exists. The subsection therefore requires prior permission at the stated rank and specifies a 14‑day enquiry period.
- 4. (C) Section 174(3) permits a police officer receiving the Magistrate's order to exercise the same investigation powers as an officer in charge of a station, except the power to arrest without warrant. Thus arrest without warrant is explicitly excluded.
- 5. (B) Section 174(4) states that where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case. Therefore the case is treated as cognizable despite the presence of non-cognizable offences.
- 6. (C) The proviso to Section 175(1) specifies that "considering the nature and gravity of the offence, the Superintendent of Police may require the Deputy Superintendent of Police to investigate the case." Therefore the Superintendent of Police has that authority.
- 7. (B) Section 175(1) limits the power to investigate to "any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIV." Thus the officer’s power is confined to cases within the local court’s jurisdiction under Chapter XIV, not to any cognizable case everywhere.
- 8. (B) The proviso to sub‑section (1) requires that for an offence of rape the victim's statement be recorded at her residence or place of choice, preferably by a woman police officer in the presence of specified persons, and it may be recorded via audio‑video electronic means. The other options contradict these specific proviso requirements.
- 9. (A) Proviso (b) to sub‑section (1) says the officer shall not investigate if there is no sufficient ground. Sub‑section (2) then requires that in such cases the officer state reasons in his report and forward the daily diary fortnightly, and specifically in the case mentioned in clause (b) he shall also forthwith notify the informant in the prescribed manner.
- 10. (A) Subsection (2) authorizes the superior officer to give instructions and requires him, after recording such instructions on the report, to transmit the same without delay to the Magistrate. Therefore the superior officer must record the instructions on the report and promptly send it.
- 11. (B) The provision says the superior officer shall, after recording such instructions on such report, "transmit the same without delay to the Magistrate." The word 'the same' refers back to the report (now bearing the recorded instructions), so the combined report with recorded instructions is transmitted.
- 12. (D) Section 178 lists directing an investigation, proceeding oneself, or deputing a subordinate to hold a preliminary inquiry or otherwise dispose of the case. It does not mention ordering a trial by jury.
- 13. (C) The opening phrase of Section 178 is "The Magistrate, on receiving a report under section 176, may..." which indicates the provision's power is triggered by receipt of a report under section 176 and does not by its text grant power in absence of such a report.
- 14. (B) Section 179(1) limits the requirement to persons "being within the limits of his own or any adjoining station". It does not authorize requiring attendance from any place beyond that territorial limit.
- 15. (D) The second proviso to Section 179(1) explicitly provides that "if such person is willing to attend at the police station, such person may be permitted so to do," allowing voluntary attendance despite the earlier restriction.
- 16. (C) Section 180(2) states the person shall be bound to answer truly all questions relating to the case, other than questions the answers to which would tend to expose him to a criminal charge or to a penalty or forfeiture. Thus there is a specific exception for incriminating or penalising answers.
- 17. (D) Section 180(1) distinguishes two categories: any police officer making the investigation may examine, and any police officer not below a rank prescribed by the State Government may examine when acting on the requisition of the investigating officer. Thus requisition-based power requires the officer to be of the prescribed rank, while an investigating officer may examine regardless of that rank.
- 18. (C) Section 181(1) states that no statement made to a police officer in the course of investigation, if reduced to writing, shall be signed by the person making it. The provision explicitly prohibits the person from signing such written statements.
- 19. (D) The Explanation to Section 181 specifies that an omission may amount to contradiction only if it appears significant and otherwise relevant in the context, and whether it amounts to contradiction is a question of fact.
- 20. (B) Section 182(1) explicitly prohibits a police officer or other person in authority from offering or making, or causing to be offered or made, any inducement, threat or promise as is mentioned in section 22 of the Bharatiya Sakshya Adhiniyam, 2023. The provision does not address making false statements, prevention of statements, or arrest powers in subsection (1).
- 21. (D) The proviso to subsection (2) expressly states that nothing in that sub-section shall affect the provisions of sub-section (4) of section 183. Therefore subsection (2) does not override or affect subsection (4) of section 183 according to the text.
- 22. (A) Section 183(1) expressly states that any Magistrate of the District in which the information has been registered may record a confession or statement, whether or not he has jurisdiction in the case. The provision does not limit this power to only the territorially competent Magistrate (sub‑section (1)).
- 23. (B) Section 183(3) provides that if, at any time before the confession is recorded, the person states he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody. The Magistrate must therefore refrain from authorising detention (sub‑section (3)).
- 24. (B) Sub‑section (1) states that such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority; only in the absence of such a practitioner may another registered medical practitioner examine her.
- 25. (D) Sub‑section (1) requires the examination to be with the consent of the woman or of a person competent to give such consent on her behalf; sub‑section (4) also mandates that the report record that such consent had been obtained.
- 26. (A) Sub‑section (1) states that "an officer in charge of a police station or a police officer making an investigation" who has reasonable grounds may search after recording in writing the grounds in the case‑diary. Thus the power is given to the officer in charge or an investigating police officer.
- 27. (C) Sub‑section (2) contains a proviso that "the search conducted under this section shall be recorded through audio‑video electronic means preferably by mobile phone," making audio‑video recording mandatory and the use of a mobile phone preferred.
- 28. (B) Sub‑section (1) authorises the officer to search after recording written grounds in the case‑diary and specifying the thing for search, so a prior magistrate warrant is not required. Sub‑section (4) only states that provisions as to search‑warrants and section 103 "shall, so far as may be, apply," which does not convert the requirement into an absolute precondition.
- 29. (A) Section 186(3) permits such a search 'whenever there is reason to believe that the delay occasioned by requiring an officer in charge of another police station ... might result in evidence ... being concealed or destroyed.' The provision does not make the power dependent on convenience, prior local station authorisation, or a Magistrate's order.
- 30. (C) Section 186(2) specifically requires the officer, when required by another officer, to forward the thing found to that requesting officer. Section 186(3) allows urgent searches in another station but does not include that forwarding duty; instead, subsection (4) prescribes notice and sending records to the local officer and Magistrate.
- 31. (A) Section 187(5) clearly states that no Magistrate of the second class, unless specially empowered by the High Court, shall authorise detention in the custody of the police.
- 32. (C) Explanation I states that notwithstanding the expiry of the periods in subsection (3), the accused shall be detained in custody so long as he does not furnish bail, meaning release after those periods occurs only if the accused furnishes bail.
- 33. (B) The text explicitly requires that the subordinate officer "shall report the result of such investigation to the officer in charge of the police station." Hence the report is to be made to the officer in charge of the police station.
- 34. (B) Section 188 requires that "he shall report the result of such investigation to the officer in charge of the police station." The obligation is to report the result of the investigation itself, which covers any result (including negative or nil findings).
- 35. (C) The provision states that if the officer finds insufficient evidence, he shall, if such person is in custody, release him on his executing a bond or bail bond, as such officer may direct.
- 36. (C) Section 189 uses mandatory language: the officer "shall, if such person is in custody, release him on his executing a bond or bail bond, as such officer may direct," making release on bond the required course when the stated condition obtains.
- 37. (C) Section 190(1) provides that where the offence is bailable and the accused can give security, the officer shall take security from him for his appearance before the Magistrate and for his attendance day to day until otherwise directed. It does not require unconditional release.
- 38. (A) Section 190(2) requires the officer to require the complainant (if any) and as many of the persons who appear to be acquainted with the facts and circumstances as he thinks necessary to execute a bond to appear and prosecute or give evidence. It is not limited to just the complainant.
- 39. (C) Section 191 states that no complainant or witness "shall be required to give any security for his appearance other than his own bond," so other security cannot be required.
- 40. (A) The proviso provides that the officer may forward the person "to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed." Thus the Magistrate may detain him.
- 41. (B) Section 192(2) specifically states that "The statements of witnesses recorded during the course of investigation under section 180 shall be inserted in the case diary." It does not require accused statements, charge-sheets, or forensic reports to be inserted by this clause.
- 42. (D) Section 192(5) explicitly states that "Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court." The provision therefore denies such entitlement in that circumstance.
- 43. (C) Sub-section (3)(ii) expressly requires the police officer to inform the progress of the investigation to the informant or victim within a period of ninety days by any means, including electronic communication.
- 44. (D) Sub-section (4) provides that where a superior officer has been appointed and the State Government so directs, the report shall be submitted through that officer, and he may, pending Magistrate's orders, direct the officer in charge to make further investigation.
- 45. (A) Section 194(1) states the officer shall immediately give intimation to the nearest Executive Magistrate empowered to hold inquests. The provision specifies an Executive Magistrate empowered to hold inquests, not other officials such as a Civil Surgeon or a generic Judicial Magistrate.
- 46. (D) Section 194(4) specifies that District Magistrates, Sub-divisional Magistrates, and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate are empowered to hold inquests. It does not confer that power on all Judicial Magistrates or on Executive Magistrates without special empowerment.
- 47. (B) The provision begins: 'A police officer proceeding under section 194 may, by order in writing, summon two or more persons...'. Thus the power is given to a police officer acting under section 194, not to a Magistrate or any other official.
- 48. (B) The provision requires persons summoned 'to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.' Therefore such self‑incriminatory questions need not be answered.
- 49. (A) Section 196(1) explicitly states that when the case is of the nature referred to in clauses (i) or (ii) of s.194(3), "the nearest Magistrate empowered to hold inquests shall" hold an inquiry. The provision therefore makes it mandatory for that nearest empowered Magistrate to hold the inquiry.
- 50. (C) Section 196(4) provides that whenever the Magistrate considers it expedient to make an examination of a body already interred, in order to discover the cause of death, the Magistrate may cause the body to be disinterred and examined. No prior written consent or court order is prescribed in the text.