Practice paper — BNSS Chapter XVII — Commencement Of Proceedings Before Magistrates

1.Under section 227(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if a Magistrate taking cognizance finds the case to be a summons-case, what is he required to do?

• (A) Issue summons to the accused for his attendance
• (B) Issue a warrant to bring the accused before the court
• (C) Dismiss the complaint for want of evidence
• (D) Direct the police to arrest the accused

2.According to section 227(2), which of the following must be filed before any summons or warrant is issued under subsection (1)?

• (A) A copy of the accused's prior criminal record
• (B) A bail bond signed by the complainant
• (C) A list of the prosecution witnesses
• (D) A written consent from the public prosecutor

3.If a Magistrate considers the case to be a warrant-case under section 227(1)(b), which of the following correctly states his options?

• (A) He must issue a warrant and cannot issue a summons
• (B) He may issue a warrant, or, if he thinks fit, issue a summons
• (C) He may issue only a summons because warrants are disallowed
• (D) He must obtain the District Judge’s permission before issuing any process

4.When a Magistrate taking cognizance has no jurisdiction himself, what does section 227(1) permit him to do regarding issuance of process?

• (A) He cannot issue any summons or warrant at all
• (B) He may issue process but only for appearance before himself
• (C) He must transfer the complaint to the police for investigation
• (D) He may issue a summons or warrant to cause the accused to appear before some other Magistrate having jurisdiction

5.What does section 227(5) state about the relationship between section 227 and section 90?

• (A) Section 227 overrides and replaces the provisions of section 90
• (B) Section 227 supplements section 90 but modifies its application
• (C) Nothing in section 227 shall be deemed to affect the provisions of section 90
• (D) Section 90 is rendered inapplicable by operation of section 227

6.Under Section 228 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when a Magistrate issues a summons, he may:

• (A) Dispense with the personal attendance of the accused and permit him to appear by his advocate.
• (B) Always require the personal attendance of the accused regardless of circumstances.
• (C) Release the accused on bail without any conditions.
• (D) Transfer the case to another Magistrate instead of issuing a summons.

7.According to Section 228(2), at what stage may the Magistrate inquiring into or trying the case direct the personal attendance of the accused?

• (A) Only before the trial begins.
• (B) At any stage of the proceedings.
• (C) Only after a conviction.
• (D) Only if the prosecution requests it.

8.If a Magistrate initially dispenses with the accused's personal attendance and allows appearance by an advocate under a summons, can the Magistrate later require the accused to attend personally?

• (A) No, once the accused is allowed to appear by an advocate, personal attendance cannot be required later.
• (B) Only if the accused gives written consent to appear personally.
• (C) Yes, the Magistrate may at any stage direct personal attendance and, if necessary, enforce it in the manner hereinbefore provided.
• (D) Yes, but only after issuing a fresh summons framed specifically for personal attendance.

9.When the Magistrate dispenses with the personal attendance of the accused under Section 228(1), who may appear on behalf of the accused?

• (A) His surety.
• (B) Any relative or friend.
• (C) The public prosecutor.
• (D) His advocate.

10.Which statement correctly reflects the combined provisions of Section 228(1) and (2)?

• (A) Once a Magistrate permits appearance by an advocate under a summons, he cannot later compel the accused's personal attendance.
• (B) A Magistrate may dispense with personal attendance when issuing a summons, and the Magistrate inquiring into or trying the case may, in his discretion at any stage, direct personal attendance and, if necessary, enforce it in the manner hereinbefore provided.
• (C) A Magistrate must always enforce personal attendance by arrest if the accused does not appear in person.
• (D) A Magistrate may permit appearance by an advocate only if the accused files a written application asking for it.

11.Under section 229(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the term "petty offence" means:

• (A) Any offence punishable only with fine not exceeding five thousand rupees, but does not include any offence so punishable under the Motor Vehicles Act, 1988 or under any other law which provides for convicting the accused person in his absence on a plea of guilty.
• (B) Any offence punishable with imprisonment not exceeding three months or a fine not exceeding five thousand rupees.
• (C) Any offence punishable only with fine not exceeding ten thousand rupees.
• (D) Any offence under the Motor Vehicles Act, 1988 punishable with fine not exceeding five thousand rupees.

12.What is the maximum amount of fine that the summons may specify under the proviso to section 229(1)?

• (A) Rs 2,000
• (B) No limit
• (C) Rs 5,000
• (D) Rs 10,000

13.If a Magistrate taking cognizance of a petty offence is of the opinion that the case may be summarily disposed of under section 283 or 284, the Magistrate shall:

• (A) Summarily convict the accused without issuing summons.
• (B) Issue summons to the accused unless he, for reasons to be recorded in writing, holds a contrary opinion.
• (C) Issue a warrant for the immediate arrest of the accused.
• (D) Refer the matter to the State Government for direction.

14.Under section 229(1), if an accused desires to plead guilty without personally appearing before the Magistrate, he may:

• (A) Authorise an advocate in writing to appear and plead guilty and pay the fine without any other requirement.
• (B) Appear in person on a later date and submit a written plea then.
• (C) Transmit, before the specified date, by post or by messenger to the Magistrate the plea in writing and the amount of fine specified in the summons.
• (D) Request a trial by jury to determine the quantum of fine.

15.Which statement correctly states the scope of the State Government's power under section 229(3)?

• (A) The State Government may empower Magistrates to use subsection (1) only for offences already defined as 'petty offences' in subsection (2).
• (B) The State Government may specially empower any Magistrate to exercise the powers conferred by sub‑section (1) in relation to any offence which is compoundable under section 359 or any offence punishable with imprisonment for a term not exceeding three months, or with fine, or with both, where the Magistrate is of opinion that imposition of fine only would meet the ends of justice.
• (C) The State Government may empower Magistrates to convict accused in their absence on a plea of guilty for any offence.
• (D) The State Government may empower Magistrates to increase the maximum fine specified in subsection (1) above five thousand rupees whenever it deems fit.

16.Who is required by Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to furnish copies of the police report and other listed documents to the accused and the victim (if represented by an advocate)?

• (A) The Magistrate
• (B) The investigating Police Officer
• (C) The Public Prosecutor
• (D) The Sessions Judge

17.Within what maximum period must the Magistrate furnish the copies to the accused under Section 230, counting from the date of production or appearance of the accused?

• (A) Seven days
• (B) Fourteen days
• (C) Thirty days
• (D) There is no specified maximum period

18.Section 230(iii) deals with statements recorded under sub-section (3) of section 180 of persons the prosecution proposes to examine. If the police officer has made a request under section 193(7) to exclude a part of a statement, which of the following is correct about furnishing that part to the accused?

• (A) The Magistrate must furnish that part regardless of any police request.
• (B) A police request under section 193(7) permanently prevents furnishing and the Magistrate has no power to override it.
• (C) Such parts are excluded from routine furnishing, but the Magistrate may, after perusing and considering the police reasons, direct that the part or a portion be furnished to the accused.
• (D) Only the victim (if represented) is entitled to those excluded parts, not the accused.

19.If a document forwarded to the Magistrate with the police report is voluminous, what options does Section 230 permit the Magistrate to adopt for furnishing it?

• (A) Refuse to furnish any copy and deny inspection
• (B) Provide only a short written summary of the document
• (C) Require the accused to obtain the copy from the police
• (D) Furnish copies through electronic means or direct that inspection be allowed personally or through an advocate in Court

20.Is supply of documents in electronic form treated as valid furnishing under Section 230?

• (A) No — only physical copies constitute valid furnishing
• (B) Yes — the provision expressly states supply in electronic form shall be considered as duly furnished
• (C) Only if the accused agrees in writing to electronic supply
• (D) Only for the victim, not for the accused

21.Under Section 231 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when is the Magistrate required to furnish copies to the accused free of cost?

• (A) Whenever any charge is framed by the Magistrate.
• (B) When the case is instituted otherwise than on a police report and the Magistrate issuing process under section 227 finds the offence triable exclusively by the Court of Session.
• (C) Only when the offence is triable by the Magistrate himself.
• (D) Only in cases instituted on a police report.

22.Which of the following categories does Section 231 require the Magistrate to furnish to the accused?

• (A) Only the magistrate’s order under section 227 and the charge-sheet.
• (B) Only the statements recorded under section 223 or 225 of witnesses examined by the Magistrate.
• (C) Statements recorded under section 223 or 225 of all persons examined by the Magistrate; statements and confessions under section 180 or 183; and any documents produced before the Magistrate on which the prosecution proposes to rely.
• (D) Only confessions recorded under section 180 or 183 and the charge-sheet.

23.Does Section 231 apply to a case instituted on a police report?

• (A) Yes — it applies to all cases regardless of how instituted.
• (B) No — it applies where the case is instituted otherwise than on a police report.
• (C) Only if the Magistrate so directs after recording reasons.
• (D) Only if the accused requests copies in writing.

24.If a document produced before the Magistrate is voluminous, what may the Magistrate do under Section 231?

• (A) Furnish a copy but charge the accused for the extra pages.
• (B) Refuse to allow any inspection or copying of the document.
• (C) Send the voluminous document to the Court of Session and take no further action.
• (D) Instead of furnishing a copy, direct that the accused will only be allowed to inspect it either personally or through an advocate in Court.

25.Which statement correctly states the effect of the second proviso in Section 231 regarding electronic supply?

• (A) If a document is voluminous, supplying it electronically can never be treated as furnishing.
• (B) The Magistrate may treat electronic supply as furnishing only if the accused agrees in writing.
• (C) Supply of documents in electronic form shall be considered as duly furnished; therefore electronic supply is treated as proper furnishing under the section.
• (D) Electronic supply is allowed only when the accused inspects the document personally in Court.

26.Under Section 232 of the Bharatiya Nagarik Suraksha Sanhita, when must the Magistrate commit a case to the Court of Session?

• (A) When the accused appears or is brought before the Magistrate and it appears the offence is triable exclusively by the Court of Session
• (B) When the accused pleads guilty before the Magistrate
• (C) When the offence is triable by a Magistrate
• (D) Only when the victim specifically requests committal to the Court of Session

27.Which of the following is expressly required of the Magistrate under subparagraph (c) of Section 232 upon committal to the Court of Session?

• (A) To record reasons for extension of proceedings
• (B) To send to that Court the record of the case and the documents and articles to be produced in evidence
• (C) To adjudicate any applications filed by the accused before committal
• (D) To stay the proceedings until the Public Prosecutor appears

28.If an offence is found to be triable exclusively by the Court of Session, what custody powers does the Magistrate have under Section 232?

• (A) He may only remand the accused until the committal is made and must thereafter release the accused
• (B) He may not remand the accused at all because trial will be in the Court of Session
• (C) He may remand the accused to custody until such committal has been made and, subject to bail provisions, remand during and until the conclusion of the trial
• (D) He must transfer custody immediately to the Court of Session without any remand

29.According to Section 232, what is the maximum total period within which the proceedings under this section must be completed, if the Magistrate avails of the permitted extension?

• (A) Ninety days
• (B) One hundred and eighty days
• (C) One hundred and eighty days in total (no initial period)
• (D) Two hundred and seventy days

30.If the accused files an application before the Magistrate in a case triable by the Court of Session, what must the Magistrate do under the second proviso to Section 232?

• (A) Forward the application to the Court of Session with the committal of the case
• (B) Decide the application himself before committing the case
• (C) Dismiss the application as not maintainable before a Magistrate
• (D) Send the application only to the Public Prosecutor for comments

31.When must a Magistrate stay the proceedings of an inquiry or trial in a complaint case under Section 233?

• (A) Only after the police file a report under section 193
• (B) When during the course of the inquiry or trial it appears that a police investigation is in progress in relation to the offence which is the subject-matter
• (C) Whenever the complainant requests a police investigation
• (D) Only if the police investigation relates to a different offence

32.If a report is made by the investigating police officer under section 193 and the Magistrate takes cognizance of an offence on that report against any person who is an accused in the complaint case, the Magistrate shall do which of the following?

• (A) Try the complaint case first and then the police-report case separately
• (B) Inquire into or try together the complaint case and the case arising out of the police report as if both were instituted on a police report
• (C) Dismiss the complaint case automatically
• (D) Refer the matter to a higher court without hearing

33.If the police report does not relate to any person accused in the complaint case, or if the Magistrate does not take cognizance on the police report, the Magistrate must:

• (A) Continue to stay the proceedings until the police investigation is completed
• (B) Order a re-investigation to link the report to the accused in the complaint case
• (C) Proceed with the inquiry or trial which was stayed by him in accordance with the Sanhita
• (D) Discharge all accused in the complaint case

34.When the Magistrate stays the proceedings under Section 233(1), what specific action must he take regarding the police investigation?

• (A) Order the police to file a charge-sheet immediately
• (B) Call for a report on the matter from the police officer conducting the investigation
• (C) Summon the complainant to produce supporting documents
• (D) Transfer the case to Sessions Court

35.Which of the following accurately states the condition under which the Magistrate shall inquire into or try together the complaint case and the case arising out of a police report under Section 233?

• (A) Whenever a police report exists relating to the same offence, irrespective of who it names
• (B) Only if the police report relates to any accused in the complaint case (no other condition)
• (C) Only if the Magistrate is satisfied of guilt on the police report
• (D) If a report is made by the investigating police officer under section 193 and on such report the Magistrate takes cognizance of an offence against any person who is an accused in the complaint case