Practice paper — BNSS Chapter XIX — Trial Before A Court Of Session

1.According to Section 248 of the Bharatiya Nagarik Suraksha Sanhita, who shall conduct the prosecution in every trial before a Court of Session?

• (A) A Public Prosecutor
• (B) An advocate appointed by the complainant
• (C) The presiding judge of the Court of Session
• (D) The accused's legal representative

2.Section 248 applies to trials before which court?

• (A) Court of Session
• (B) Magistrate's Court
• (C) High Court
• (D) Supreme Court

3.Can a privately retained advocate (not designated as a Public Prosecutor) conduct the prosecution in a trial before a Court of Session under Section 248?

• (A) Yes, if authorised by the victim
• (B) Yes, if the Public Prosecutor is unavailable
• (C) No, the prosecution shall be conducted by a Public Prosecutor
• (D) Yes, if the parties consent

4.Does Section 248 require the prosecution in a trial before the High Court exercising original criminal jurisdiction to be conducted by a Public Prosecutor?

• (A) Yes, in all criminal trials anywhere
• (B) Yes, but only when the State initiates prosecution
• (C) Yes, in any court exercising criminal jurisdiction
• (D) No — it refers specifically to trials before a Court of Session

5.Who is required by Section 249 to open the case when the accused appears or is brought before the Court in pursuance of a commitment?

• (A) The prosecutor
• (B) The defence counsel
• (C) The presiding judge
• (D) The accused

6.What must the prosecutor do when opening his case under Section 249?

• (A) Immediately call all witnesses to prove guilt
• (B) Describe the charge and state by what evidence he proposes to prove the guilt
• (C) Seek the conviction of the accused at once
• (D) Cross-examine the accused before calling evidence

7.When does the obligation in Section 249 to open the prosecutor's case arise?

• (A) Whenever any person is first charged in any court
• (B) Only when the accused voluntarily appears before the Court
• (C) Only after all evidence has been led
• (D) When the accused appears or is brought before the Court in pursuance of a commitment under section 232 or under any other law for the time being in force

8.If the accused appears before the Court voluntarily but not in pursuance of a commitment under Section 232 or any other law, is Section 249's opening requirement triggered?

• (A) Yes — it applies whenever the accused appears before the Court
• (B) No — Section 249 applies only when the appearance or bringing is in pursuance of a commitment under Section 232 or another law
• (C) Yes — but only if the judge so directs
• (D) No — it applies only in summary trials

9.Within what period may the accused prefer an application for discharge under Section 250?

• (A) Within thirty days from the date of commitment under section 232
• (B) Within sixty days from the date of commitment under section 232
• (C) Within ninety days from the date of framing of charge
• (D) At any time after committal

10.Who is required by Section 250(2) to decide whether there is sufficient ground for proceeding and to discharge the accused?

• (A) The Judge
• (B) The Prosecutor
• (C) The Magistrate who committed the case
• (D) A jury or panel

11.If the Judge concludes there is not sufficient ground for proceeding against the accused under Section 250(2), which of the following actions must he take?

• (A) Discharge the accused without recording reasons
• (B) Record reasons but keep the accused on trial
• (C) Discharge the accused and record his reasons for so doing
• (D) Order further investigation before deciding

12.Can the Judge discharge the accused under Section 250 solely on consideration of the record and documents, without hearing the submissions of the accused and the prosecution?

• (A) Yes — consideration of the record and documents alone is sufficient
• (B) No — the Judge must both consider the record/documents and hear submissions of the accused and the prosecution
• (C) Yes — but only if the accused does not request a hearing
• (D) Only if the prosecution waives its right to be heard

13.Under Section 251(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if the Judge is of opinion that there is ground for presuming the accused has committed an offence which is exclusively triable by the Court, what is the Judge required to do?

• (A) Frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge.
• (B) Transfer the case to the Chief Judicial Magistrate without framing any charge.
• (C) Try the accused summarily in the Court of Session without framing a charge.
• (D) Hold no further proceedings unless the prosecution files a fresh report.

14.When a Judge frames a charge under clause (b) of sub-section (1) of Section 251, which of the following correctly states how the charge must be communicated and what must follow?

• (A) The charge need not be read; the accused must be summoned later to enter plea in person.
• (B) The charge shall be sent in writing to the accused's lawyer and no oral explanation is required.
• (C) The charge shall be read and explained to the accused present either physically or through audio‑video electronic means, and the accused shall be asked whether he pleads guilty or claims to be tried.
• (D) The charge must be read only if the accused is physically present; electronic means are not permitted.

15.Which of the following statements about the timeframe for framing a charge under Section 251(1)(b) is correct?

• (A) The Judge must frame the charge within sixty days from the date of arrest of the accused.
• (B) There is no prescribed time limit for framing the charge under clause (b).
• (C) The Judge must frame the charge within thirty days from the filing of the police report.
• (D) The Judge must frame the charge within a period of sixty days from the date of first hearing on charge.

16.If a Judge frames a charge under clause (a) and transfers the case to a Judicial Magistrate of the first class, what procedure is that Magistrate required to follow when trying the offence?

• (A) Try the offence by summary trial procedure.
• (B) Try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report.
• (C) Try the offence as a summons-case procedure.
• (D) Follow the procedure applicable to trials before the Court of Session.

17.If the accused pleads guilty under Section 252, what is the Judge required to do according to the provision?

• (A) Record the plea
• (B) Convict the accused
• (C) Acquit the accused
• (D) Refer the matter to another Judge

18.If an accused pleads guilty, can the Judge decide not to convict under Section 252?

• (A) No, the Judge must convict
• (B) Yes, the Judge may choose not to convict
• (C) Only if the court finds a procedural defect
• (D) Only if the accused withdraws the plea

19.Which statement correctly describes the sequence of actions the Judge must follow when the accused pleads guilty under Section 252?

• (A) The Judge may convict first and then record the plea
• (B) The Judge shall record the plea and may then convict him thereon
• (C) The Judge shall convict and then may record the plea
• (D) The plea need not be recorded if the Judge convicts

20.Which best captures the legal difference between the phrases 'shall record the plea' and 'may, in his discretion, convict him thereon' in Section 252?

• (A) Recording the plea is mandatory, while conviction is discretionary
• (B) Both recording and conviction are mandatory duties on the Judge
• (C) Both recording and conviction are discretionary powers of the Judge
• (D) Recording is discretionary but conviction is mandatory

21.Under Section 253, what process may the Judge, on application of the prosecution, issue?

• (A) A process directing immediate conviction.
• (B) A process for compelling the attendance of any witness or the production of any document or other thing.
• (C) A process to compel the accused to change his plea.
• (D) A process to transfer the trial to another court.

22.Which of the following correctly describes the Judge's power to issue process under Section 253?

• (A) The Judge is required to issue process whenever witnesses are needed.
• (B) The Judge must issue process only after fixing a date for examination of witnesses.
• (C) The Judge has discretionary power to issue process, and this is exercised on the application of the prosecution.
• (D) The Judge can issue process only with the accused's consent.

23.Does Section 253 apply if the accused has been convicted under Section 252?

• (A) Yes, it always applies even if convicted under section 252.
• (B) Yes, but only if the prosecution requests it after conviction under section 252.
• (C) Only if the accused refuses to plead after conviction under section 252.
• (D) No — it applies where the accused "is not convicted under section 252."

24.Must the Judge fix a date for examination of witnesses even if the prosecution does not apply for any process under Section 253?

• (A) Yes; the Judge "shall fix a date for the examination of witnesses" irrespective of whether the prosecution applies for process, while issuing process is separate and is "may, on the application of the prosecution."
• (B) No; the Judge need only fix a date if the prosecution applies for process to compel witnesses.
• (C) Only if the accused also requests fixation of the date.
• (D) Only if witnesses are already present in court to be examined.

25.Can the evidence of a witness under Section 254(1) be recorded by audio-video electronic means?

• (A) No, audio-video recording is expressly prohibited for such witnesses
• (B) Yes, but only if both parties consent
• (C) Yes, the provision allows recording by audio-video electronic means
• (D) Only if the witness is a public servant

26.Regarding the deposition of a public servant, which statement correctly reflects Section 254(2)?

• (A) The deposition of a public servant must be given only in writing
• (B) The deposition of any public servant may be taken through audio-video electronic means
• (C) A public servant cannot give evidence by audio-video means unless the Judge orders it under Section 254(3)
• (D) Public servants are exempt from giving evidence under this section

27.Who has the power under Section 254(3) to permit the deferral of cross-examination of any witness until other witnesses have been examined?

• (A) The public prosecutor
• (B) The accused or defence counsel
• (C) A presiding magistrate other than the Judge
• (D) The Judge, in his discretion

28.Under Section 255 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when must the Judge record an order of acquittal?

• (A) When the Judge considers there is no evidence that the accused committed the offence.
• (B) When the Judge is not satisfied beyond reasonable doubt about the accused's guilt.
• (C) When the accused pleads guilty to a lesser offence.
• (D) When the defence fails to produce any witnesses.

29.Which procedural steps are expressly required by Section 255 before the Judge may consider recording an order of acquittal?

• (A) Only taking the evidence for the prosecution.
• (B) Taking the evidence for the prosecution, examining the accused, and hearing the prosecution and the defence on the point.
• (C) Only examining the accused after the defence case is closed.
• (D) Only hearing the defence on the point without examining the accused.

30.If after the required steps the Judge finds that there is some weak evidence suggesting the accused may have committed the offence, does Section 255 require an acquittal?

• (A) Yes — weak evidence is enough for acquittal under Section 255.
• (B) Yes — any doubt about the evidence requires immediate acquittal.
• (C) No — Section 255 requires an acquittal only when the Judge considers there is no evidence that the accused committed the offence.
• (D) No — the Judge must wait for defence evidence to be presented before any acquittal even if there is no evidence.

31.If, after the specified steps, the Judge considers there is no evidence that the accused committed the offence, what form of order does Section 255 require the Judge to record?

• (A) An order of acquittal.
• (B) An order of discharge.
• (C) Either an acquittal or a discharge at the Judge's discretion.
• (D) A postponement for further inquiry.

32.Under Section 256(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, what happens when the accused is not acquitted under section 255?

• (A) He shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.
• (B) He shall be acquitted without further proceedings.
• (C) He shall be remanded for further investigation.
• (D) He shall be immediately convicted.

33.If the accused puts in any written statement under Section 256(2), what is the Judge required to do with that statement?

• (A) The Judge shall forward it to the prosecution.
• (B) The Judge may decline to accept it.
• (C) The Judge shall file it with the record.
• (D) The Judge shall return it to the accused for amendment.

34.Under Section 256(3), the Judge may refuse to issue process for compelling attendance of a witness or production of a document when:

• (A) The application is made before the accused has entered on his defence.
• (B) He considers, for reasons to be recorded, that the application is made for the purpose of vexation or delay or for defeating the ends of justice.
• (C) The accused has previously failed to attend court.
• (D) The prosecution objects to the application.

35.Which statement correctly describes the scope of Section 256 in relation to Section 255?

• (A) Section 256 requires the accused to enter his defence only after a conviction under Section 255.
• (B) Section 256 applies regardless of whether the accused is acquitted under Section 255.
• (C) Section 256 applies only where the accused is not acquitted under Section 255.
• (D) Section 256 bars the accused from adducing any evidence once Section 255 proceedings are over.

36.According to Section 257, who must 'sum up his case' when the examination of the defence witnesses (if any) is complete?

• (A) The prosecutor
• (B) The Judge
• (C) The accused
• (D) The defence advocate

37.Under Section 257, who is expressly entitled to reply after the prosecutor has summed up his case?

• (A) The Judge
• (B) The prosecutor again
• (C) The accused or his advocate
• (D) Any witness called by the defence

38.When the accused or his advocate raises a point of law, what does Section 257 permit the prosecution to do?

• (A) Automatically file a written appeal
• (B) Make submissions regarding that point of law without any permission
• (C) Exclude the accused's right to reply
• (D) With the permission of the Judge, make submissions with regard to such point of law

39.Does the proviso in Section 257 deprive the accused of the entitlement to reply if he or his advocate raises a point of law?

• (A) Yes, the accused loses the right to reply
• (B) Only if the Judge rules so in advance
• (C) No, the accused remains entitled to reply and the prosecution may, with the Judge's permission, make submissions on the point of law
• (D) Only after the prosecution has summed up again

40.Under Section 258(1) of the Bharatiya Nagarik Suraksha Sanhita, within how many days from the date of completion of arguments must the Judge give a judgment, subject to the permitted extension?

• (A) 15 days
• (B) 30 days
• (C) 45 days
• (D) 60 days

41.Arguments are completed. The Judge delivers judgment on the 40th day but did not record any written reasons for extending the period. Which statement is correct under Section 258?

• (A) The judgment is valid because the phrase 'as soon as possible' allows flexibility beyond 30 days.
• (B) The judgment is valid because extension can be granted orally during court proceedings.
• (C) The judgment is valid if the sentence is then passed in accordance with section 401.
• (D) The judgment is not in accordance with Section 258 because extension to forty-five days requires reasons recorded in writing.

42.If the Judge wishes to take more time than thirty days to give judgment and properly records reasons in writing, what is the maximum period permitted by Section 258(1)?

• (A) 30 days only — no extension permitted
• (B) 45 days
• (C) 60 days
• (D) No fixed limit if reasons are recorded in writing

43.Which of the following best describes the combined obligations in Section 258 regarding the time for delivering judgment?

• (A) The Judge must give judgment as soon as possible and cannot extend beyond thirty days under any circumstances.
• (B) The Judge may give judgment anytime within forty-five days without recording reasons in writing.
• (C) The Judge must give judgment as soon as possible and within thirty days, but may extend to forty-five days only if reasons are recorded in writing.
• (D) The Judge must give judgment within thirty days and any extension requires the accused's consent.

44.When may the Judge take evidence in respect of an alleged previous conviction where the accused does not admit it under Section 259 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

• (A) As soon as the previous-conviction charge is framed
• (B) After he has convicted the accused under section 252 or section 258
• (C) Before convicting, at the stage of plea
• (D) Only if the accused admits the previous conviction

45.If the accused admits that he has been previously convicted as alleged in the charge, does the Section 259 procedure requiring the Judge to take evidence after conviction apply?

• (A) Yes — the Judge must still take evidence even if admitted
• (B) Yes — but only if the prosecution requests it
• (C) Yes — but only after sentencing under section 252 or 258
• (D) No — Section 259 applies in cases where the accused does not admit the previous conviction

46.May the prosecution refer to the alleged previous conviction in its evidence before the accused has been convicted under sections 252 or 258?

• (A) Yes — the prosecution may refer to it at any time
• (B) Yes — but only with the Judge's prior permission
• (C) No — not until the accused has been convicted under section 252 or section 258
• (D) Only if the accused has pleaded guilty to the main charge

47.Which of the following is expressly prohibited until the accused has been convicted under section 252 or section 258 according to the proviso in Section 259?

• (A) The Judge taking evidence about the alleged previous conviction
• (B) The Judge reading out the previous-conviction charge, asking the accused to plead thereto, or the prosecution referring to the previous conviction in evidence
• (C) The Judge recording a finding after evidence has been taken
• (D) The Judge imposing sentence for the previous conviction without a finding

48.According to Section 260(1), the trial shall be conducted in accordance with which procedure?

• (A) Procedure for summary trials before a Magistrate
• (B) Procedure for trial of warrant-cases instituted on a police report before a Magistrate
• (C) Procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate
• (D) Procedure for Sessions trials on police report

49.When must every trial under Section 260 be held in camera?

• (A) Always, as a matter of course
• (B) If either party so desires or if the Court thinks fit
• (C) Only if the prosecution so requests
• (D) Only if the accused so requests

50.Under Section 260(3), the Court may direct the person against whom the offence was alleged to show cause except which of the following persons cannot be so directed?

• (A) A serving Police Officer
• (B) A Member of Parliament
• (C) The Governor of a State
• (D) Any private individual