Practice paper — BNSS Chapter XVI — Complaints To Magistrates
19 questions · answer key at the end · no time limit
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1.Under Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, what must a Magistrate do while taking cognizance of an offence on complaint?
- (A) Examine on oath the complainant and any witnesses present, reduce the substance of such examination to writing, and have it signed by the complainant, witnesses and the Magistrate.
- (B) Immediately issue a warrant and commit the accused to custody.
- (C) Proceed to a full trial without recording any statements.
- (D) Send the complaint to the police for investigation before any examination.
2.According to Section 223(1) proviso, when need a Magistrate not examine the complainant and witnesses if the complaint is made in writing?
- (A) If the accused pleads guilty in open court.
- (B) If the complaint in writing is made by a public servant acting in discharge of official duties or by a Court.
- (C) If the complainant is not physically present in court.
- (D) If the accused is already under arrest.
3.If a Magistrate examines the complainant and witnesses and then makes over the case to another Magistrate under section 212, what is required of the latter Magistrate under Section 223(1)?
- (A) The latter Magistrate must re-examine the complainant and witnesses afresh.
- (B) The latter Magistrate may re-examine them only with the accused's consent.
- (C) The latter Magistrate need not re-examine the complainant and witnesses.
- (D) The latter Magistrate must re-examine them only if new evidence is produced.
4.Can a Magistrate take cognizance of an offence on complaint without giving the accused an opportunity of being heard under Section 223?
- (A) Yes, the Magistrate can take cognizance immediately without hearing the accused.
- (B) Only if the complaint is in writing and signed by the complainant.
- (C) Only if witnesses are present and give sworn statements.
- (D) No; the accused must be given an opportunity of being heard before cognizance is taken.
5.Before taking cognizance on a complaint against a public servant for an offence alleged to have been committed in the course of official duties, which of the following is required by Section 223(2)?
- (A) Only a report containing facts from the officer superior is required; the public servant need not be heard.
- (B) The public servant must be given an opportunity to make assertions and a report from the officer superior must be received.
- (C) The Magistrate must not examine the complainant and witnesses in such cases.
- (D) Only the complainant’s written complaint is sufficient to take cognizance.
6.Under Section 224, if a complaint is made to a Magistrate who is not competent and the complaint is in writing, the Magistrate shall:
- (A) Return it for presentation to the proper Court with an endorsement to that effect.
- (B) Transfer the case file to the proper Court.
- (C) Direct the complainant to the proper Court orally.
- (D) Dismiss the complaint for lack of jurisdiction.
7.Under Section 224, if the complaint made to a Magistrate who is not competent is not in writing, the Magistrate shall:
- (A) Return the complaint for presentation to the proper Court.
- (B) Direct the complainant to the proper Court.
- (C) File the complaint in his own court and proceed to hear it.
- (D) Forward the complaint to the police for investigation.
8.Section 224(a) requires an endorsement when a written complaint is returned by an incompetent Magistrate. That endorsement must indicate:
- (A) That the Magistrate has taken cognizance of the offence.
- (B) That the complaint is dismissed for lack of jurisdiction.
- (C) That the complaint is to be presented to the proper Court.
- (D) That the complainant should approach the police instead.
9.The obligations in Section 224 (clauses (a) and (b)) arise when:
- (A) Any complaint is received by a Magistrate, regardless of competence.
- (B) A complaint is made to a Magistrate who is competent to take cognizance of the offence.
- (C) Only when the complaint is in writing.
- (D) A complaint is made to a Magistrate who is not competent to take cognizance of the offence.
10.Which statement correctly captures the distinction made by Section 224 between written and non-written complaints?
- (A) For written complaints the Magistrate must itself present the complaint to the proper Court; for non-written complaints it must be returned.
- (B) For written complaints the Magistrate returns the complaint for presentation with an endorsement, while for non-written complaints the Magistrate directs the complainant to the proper Court.
- (C) For both written and non-written complaints the Magistrate must return the document to the complainant with an endorsement.
- (D) For non-written complaints the Magistrate must prepare a written record before directing the complainant to the proper Court.
11.Under Section 225 of the Bharatiya Nagarik Suraksha Sanhita, who may postpone the issue of process on receipt of a complaint of an offence?
- (A) Any Magistrate who is authorised to take cognizance or to whom the case is made over under section 212
- (B) Only the Magistrate exercising jurisdiction where the accused resides
- (C) Only the Chief Judicial Magistrate
- (D) Only a Sessions Judge
12.Under Section 225(1), to whom may a Magistrate direct an investigation for deciding whether there is sufficient ground for proceeding?
- (A) Only an officer in charge of a police station
- (B) Only a police officer of the rank of Inspector or above
- (C) A police officer or such other person as he thinks fit
- (D) Only the Magistrate himself; no outside person may be directed
13.If an investigation under Section 225(1) is made by a person who is not a police officer, which power is expressly NOT conferred on that person for the investigation?
- (A) Power to detain witnesses for questioning
- (B) Power to summon documents
- (C) Power to search premises
- (D) Power to arrest without warrant
14.Which of the following correctly states the limitations placed by the provisos to Section 225(1) on directing an investigation?
- (A) No direction for investigation may be made where the offence complained of is triable exclusively by the Court of Session
- (B) No direction for investigation may be made where the complaint has not been made by a Court unless the complainant and the witnesses present (if any) have been examined on oath under section 223
- (C) Both (a) and (b)
- (D) There are no limitations; the Magistrate may always direct an investigation
15.Under Section 226 of the Bharatiya Nagarik Suraksha Sanhita, 2023, if the Magistrate is of opinion that there is no sufficient ground for proceeding, the Magistrate shall:
- (A) Dismiss the complaint
- (B) Order framing of charges against the accused
- (C) Convict the accused summarily
- (D) Refer the matter to the Sessions Court
16.Before forming the opinion to dismiss under Section 226, which of the following must the Magistrate consider (as stated in the provision)?
- (A) Only the police report
- (B) Only evidence produced at the trial
- (C) The statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 225
- (D) Only the complainant's written complaint
17.If there are neither statements on oath nor any inquiry or investigation under section 225, can the Magistrate still dismiss the complaint under Section 226?
- (A) No — dismissal is permissible only if there are statements on oath or an inquiry/investigation
- (B) Yes — the provision allows consideration of statements or inquiry "if any", so dismissal can follow even if none exist
- (C) Yes — but only after ordering a fresh inquiry
- (D) No — dismissal requires a written request from the complainant
18.When the Magistrate dismisses a complaint under Section 226 after forming the opinion of no sufficient ground, what is he required to do regarding reasons?
- (A) He must record detailed reasons in a full judgment
- (B) He need not record any reasons unless ordered by a higher court
- (C) He must record reasons only if the complainant requests them
- (D) He shall briefly record his reasons for so doing
19.Which of the following statements accurately describes when the requirement to "briefly record his reasons for so doing" applies under Section 226?
- (A) Only when there were statements on oath of the complainant or witnesses
- (B) In every case where the Magistrate dismisses the complaint for want of sufficient ground
- (C) Only when an inquiry or investigation under section 225 has been conducted
- (D) Only if the accused requests written reasons
Answer key
Explanations
- 1. (A) Section 223(1) expressly requires the Magistrate to examine upon oath the complainant and any witnesses present, reduce the substance of that examination to writing, and have it signed by the complainant, witnesses and the Magistrate. The other listed actions are not mandated by this provision at the cognizance stage.
- 2. (B) The proviso to Section 223(1) states that when the complaint is made in writing, the Magistrate need not examine the complainant and witnesses if a public servant (acting in discharge of official duties) or a Court has made the complaint. The other scenarios are not specified as grounds for not examining under this proviso.
- 3. (C) The proviso also states that if the Magistrate makes over the case to another Magistrate under section 212 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them. Re-examination is therefore not required in that circumstance.
- 4. (D) Section 223 contains a proviso that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard. Thus the accused must be afforded that opportunity prior to taking cognizance.
- 5. (B) Section 223(2) states two preconditions: (a) the public servant must be given an opportunity to make assertions about the situation, and (b) a report containing facts and circumstances from the officer superior must be received. Both conditions are required before taking cognizance.
- 6. (A) Section 224(a) states that if the complaint is in writing the Magistrate shall return it for presentation to the proper Court with an endorsement to that effect. The provision does not authorize transfer, oral direction, or dismissal in this clause.
- 7. (B) Section 224(b) specifically provides that if the complaint is not in writing the Magistrate shall direct the complainant to the proper Court. The clause does not instruct the Magistrate to return a written document, proceed to hear it, or forward it to police.
- 8. (C) Section 224(a) requires the Magistrate to return a written complaint for presentation to the proper Court "with an endorsement to that effect," i.e. an endorsement indicating presentation to the proper Court. It does not require endorsement of dismissal, police referral, or cognizance.
- 9. (D) The opening words of Section 224 state: "If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall..." Thus the duties in (a) and (b) apply specifically when the Magistrate is not competent to take cognizance.
- 10. (B) Section 224(a) requires returning a written complaint for presentation to the proper Court with an endorsement, while Section 224(b) requires that if the complaint is not in writing the Magistrate shall direct the complainant to the proper Court. The provision does not say the Magistrate himself presents written complaints or that a written record is mandatory for non-written complaints.
- 11. (A) Section 225(1) expressly begins: "Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 212, may ... postpone the issue of process." Thus any such Magistrate may postpone issue of process.
- 12. (C) Section 225(1) provides that the Magistrate may "either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit." Thus the Magistrate may direct a police officer or another person.
- 13. (D) Section 225(3) states such a person "shall have for that investigation all the powers conferred by this Sanhita on an officer in charge of a police station except the power to arrest without warrant." Therefore arrest without warrant is expressly excluded.
- 14. (C) The provisos to Section 225(1) state both limitations: (a) no direction where it appears the offence is triable exclusively by the Court of Session, and (b) where the complaint has not been made by a Court, no direction unless the complainant and witnesses present have been examined on oath under section 223. Hence both (a) and (b) are correct.
- 15. (A) The provision states that if the Magistrate is of opinion there is no sufficient ground for proceeding, he shall dismiss the complaint. It does not provide for conviction, framing of charges, or referral in that situation.
- 16. (C) Section 226 specifies that the Magistrate must consider the statements on oath (if any) of the complainant and witnesses and the result of the inquiry or investigation (if any) under section 225 before deciding. Other listed items alone are not what the provision prescribes.
- 17. (B) The provision uses the phrase "if any" regarding statements on oath and the result of inquiry or investigation under section 225, indicating these are to be considered if present; the Magistrate may still form the opinion of no sufficient ground and dismiss even if such materials are absent.
- 18. (D) Section 226 expressly provides that in every case where the Magistrate dismisses the complaint on the ground of no sufficient ground for proceeding, he shall briefly record his reasons for so doing. It prescribes brief reasons, not a detailed judgment or conditional recording.
- 19. (B) The provision states "and in every such case he shall briefly record his reasons for so doing," referring to the cases where the Magistrate dismisses the complaint for no sufficient ground. This requirement is not limited to situations with statements on oath or a section 225 inquiry.