Practice paper — BNSS Chapter XVIII — The Charge

1.Under Section 234(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, what must every charge state?

• (A) The accused's personal and family details
• (B) The evidence that will be produced at trial
• (C) The offence with which the accused is charged
• (D) The sentence proposed by the prosecution

2.According to Section 234(6), in what language must the charge be written?

• (A) The language of the Court
• (B) The local language of the accused
• (C) The language used by the prosecution
• (D) English only

3.If the law creating an offence gives that offence a specific name, how may the offence be described in the charge under Section 234(2)?

• (A) It must be described both by the name and by the full statutory definition
• (B) It may be described by its section number but not by the name
• (C) It must include the full factual particulars even if a name exists
• (D) It may be described in the charge by that name only

4.Under Section 234(7), when a previous conviction is to be proved for the purpose of affecting punishment, which of the following is correct?

• (A) Only the fact of previous conviction need be stated; date and place are optional
• (B) The fact, date and place of the previous conviction shall be stated and, if omitted, the Court may add it at any time before sentence is passed
• (C) If omitted from the charge, previous conviction cannot be relied on at all
• (D) The Court may add previous conviction details only after sentence is passed

5.Under Section 235(1) of the Bharatiya Nagarik Suraksha Sanhita, what particulars must a charge contain?

• (A) Only the time when the alleged offence occurred and the legal provision breached
• (B) The time and place of the alleged offence, and the person (if any) or the thing (if any) in respect of which it was committed, sufficient to give the accused notice
• (C) Only the name of the accused and the nature of the offence
• (D) Detailed evidence and list of witnesses supporting the charge

6.If a charge under Section 235(2) specifies dates between which the offence is alleged and the period between the first and last such dates is 18 months, is that framing permissible as sufficient under the proviso?

• (A) Yes — any range of dates may be used when gross sum is specified
• (B) No — the proviso requires that the time included between the first and last of such dates shall not exceed one year
• (C) Yes — specifying gross sum overrides any limit on the date range
• (D) No — charges must always specify exact dates regardless of period

7.Which of the following is NOT required by Section 235(2) when framing a charge for dishonest misappropriation of movable property?

• (A) Specifying the dates between which the offence is alleged
• (B) Describing the movable property in respect of which the offence is alleged
• (C) Specifying the gross sum (if applicable)
• (D) Specifying particular items or exact dates for each transaction

8.If several distinct misappropriation transactions occurred within an 11‑month period and the charge specifies the gross sum and the dates between which the offence is alleged (an 11‑month span), how is that charge treated under Section 235(2) read with its proviso?

• (A) It is deemed to be a charge of one offence within the meaning of section 242
• (B) It must be treated as multiple separate offences irrespective of the date range
• (C) It cannot be framed unless each transaction has exact dates and items specified
• (D) It will be invalid because gross sum cannot aggregate multiple transactions

9.According to the illustrations to Section 236, if A is accused of the theft of a certain article at a certain time and place, must the charge set out the manner in which the theft was effected?

• (A) Yes, the charge must always set out the manner of the theft.
• (B) No, the charge need not set out the manner in which the theft was effected.
• (C) Only if the value of the article exceeds a statutory threshold.
• (D) Only if the accused requests further particulars before trial.

10.If A is accused of cheating B at a given time and place (illustration (b)), what does Section 236 require the charge to include?

• (A) Only the time and place of the alleged cheating.
• (B) The identity of all witnesses to the alleged cheating.
• (C) The manner in which A cheated B.
• (D) The punishment proposed for the offence.

11.In the special case of disobeying a direction of the law with intent to save B from punishment (illustration (f)), what particular must the charge set out under Section 236?

• (A) Only the intent to save B from punishment.
• (B) Only the time and place of the disobedience.
• (C) The identity of B and witnesses to the disobedience.
• (D) The disobedience charged and the law infringed.

12.According to Section 237 of the Bharatiya Nagarik Suraksha Sanhita, 2023, how are words used in describing an offence in a charge to be understood?

• (A) In the sense attached to them by the law under which the offence is punishable
• (B) By their ordinary dictionary meaning
• (C) By the subjective intention of the complainant or prosecutor
• (D) By the court’s interpretation based on context

13.Who, under Section 237, supplies the meaning that words in a charge are to be deemed to have?

• (A) The judge hearing the charge
• (B) The law under which the offence is punishable
• (C) A commonly used dictionary
• (D) The investigating officer

14.If the law under which an offence is punishable attaches no special meaning to a word used in the charge, what does Section 237 itself prescribe about that word's meaning?

• (A) It must be given the dictionary meaning specified by the court
• (B) The court must adopt the broader possible meaning
• (C) The ambiguity must be resolved in favour of the accused by the section
• (D) Section 237 only states that words are to be deemed used in the sense attached by that law and does not itself specify an alternative meaning when that law attaches none

15.Can a court, under Section 237, treat words in a charge as having a different legal meaning than that attached by the law under which the offence is punishable?

• (A) No — the words are to be deemed used in the sense attached by that law
• (B) Yes — if the court finds a different meaning fair in the facts
• (C) Yes — if adopting the statutory meaning would prejudice the prosecution
• (D) No — unless the legislature specifically permits judicial alteration

16.Which combination of factors does Section 238 require before an error or omission is treated as material?

• (A) That the accused was in fact misled (alone).
• (B) That the accused was in fact misled and the error has occasioned a failure of justice.
• (C) That the prosecution made the error, irrespective of prejudice to the accused.
• (D) That the omission occurred during preliminary enquiry only.

17.Which illustration exemplifies the Court inferring that an omission was not material because the accused defended himself, called witnesses and gave his own account of the transaction?

• (A) Illustration (a): omission of the word 'fraudulently' in a coin-possession charge.
• (B) Illustration (c): many transactions between A and B and A offered no defence.
• (C) Illustration (b): A charged with cheating but the manner of cheating not set out, and A defends, calls witnesses and gives his account.
• (D) Illustration (d): wrong name and date but A had heard inquiry referring exclusively to the actual victim.

18.Which illustration shows the omission to set out particulars may be material because A had no means of knowing which transaction the charge referred to and offered no defence?

• (A) Illustration (b): A defends himself and calls witnesses.
• (B) Illustration (a): omission of the word 'fraudulently' in the charge.
• (C) Illustration (e): charged with two murders but tried for the wrong one and defence witnesses were for the other.
• (D) Illustration (c): many transactions between A and B, A had no means of knowing which transaction the charge referred to, and A offered no defence.

19.Under Section 239(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when may a Court alter or add to any charge?

• (A) At any time before judgment is pronounced
• (B) Only before the commencement of the trial
• (C) Only after the accused has been convicted
• (D) Only with the consent of the prosecutor

20.What procedural step must the Court take after making an alteration or addition to a charge under Section 239(2)?

• (A) Inform the prosecutor only
• (B) Record the alteration in court records but need not notify parties
• (C) Read and explain the alteration to the accused
• (D) Obtain the accused's written consent

21.Under Section 239(4), if the Court considers that proceeding immediately after an alteration or addition is likely to prejudice the accused or the prosecutor, the Court may:

• (A) Proceed immediately but exclude certain evidence
• (B) Request the accused to waive any prejudice and continue
• (C) Refer the matter to a higher court for directions
• (D) Either direct a new trial or adjourn the trial for such period as may be necessary

22.When does Section 239(5) allow the Court to proceed with an altered or added charge that requires previous sanction for prosecution without obtaining fresh sanction?

• (A) If the accused agrees in writing to proceed
• (B) If the judge certifies there is no prejudice
• (C) If sanction has already been obtained for a prosecution on the same facts as those on which the altered or added charge is founded
• (D) If the prosecutor files an affidavit asserting sanction is unnecessary

23.Who are allowed to recall or re-summon witnesses when the Court alters or adds a charge after the commencement of the trial under Section 240?

• (A) The prosecutor and the accused
• (B) Only the prosecutor
• (C) Only the accused
• (D) The Court alone

24.Under Section 240(a), in which circumstance may the Court refuse to allow recall or re-examination of a previously examined witness?

• (A) If the witness is hostile
• (B) If the Court, for reasons recorded in writing, considers the recall is for vexation, delay, or for defeating the ends of justice
• (C) If the prosecutor does not make a written request
• (D) If the accused objects to the recall

25.If a charge is altered or added, can additional (fresh) witnesses be called under Section 240(b)?

• (A) No, parties may not call any additional witnesses
• (B) Yes, but only the prosecutor may call further witnesses
• (C) Yes, but only the Court may summon additional witnesses without parties' request
• (D) Yes; the parties may call any further witness whom the Court may think to be material

26.What is the primary requirement of Section 241(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023?

• (A) All offences against a person must be combined into a single charge.
• (B) Every distinct offence of which any person is accused shall have a separate charge and be tried separately.
• (C) A single charge may cover multiple occasions if the accused is the same.
• (D) Charges may be merged at the Magistrate's discretion without any application.

27.Under Section 241(1), when may a Magistrate try together two or more charges framed against the same person?

• (A) When the accused, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudiced thereby.
• (B) Whenever the prosecution requests consolidation of charges.
• (C) If the offences are of the same nature irrespective of any application.
• (D) Only if a higher court directs consolidation of trials.

28.Illustration: A is accused of theft on one occasion and causing grievous hurt on another. Can these charges be tried together without any written application from A?

• (A) Yes; the Magistrate may try them together without any application.
• (B) No; they must always be separately tried even if A applies in writing.
• (C) They must be separately charged and tried, except if A applies in writing and the Magistrate believes there will be no prejudice.
• (D) Yes; if the offences are allied in nature they may be tried together without application.

29.If the accused applies in writing for a joint trial but the Magistrate is of the opinion that trying the charges together is likely to prejudice the accused, what follows under Section 241(1)?

• (A) The Magistrate should refuse to try the charges together and proceed with separate trials.
• (B) The Magistrate must try the charges together regardless of prejudice.
• (C) The Magistrate may try them together only after obtaining prosecution consent.
• (D) The Magistrate must transfer the matter to a higher court for direction.

30.Under Section 242 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what is the maximum number of offences of the same kind that may be charged and tried together in one trial?

• (A) Three
• (B) Five
• (C) Seven
• (D) Any number subject to court discretion

31.Must the offences charged together under Section 242 be committed against the same person?

• (A) Yes, they must be against the same person.
• (B) Yes, but only when the offences are of the same kind.
• (C) No, they may be in respect of the same person or not.
• (D) Only if the offences occurred at the same place.

32.When does Section 242(2) say offences are to be treated as 'of the same kind'?

• (A) When they involve the same type of act even if punishments differ.
• (B) Only if they are charged under the exact same statute regardless of punishment.
• (C) When they result in similar harm to victims.
• (D) When they are punishable with the same amount of punishment under the same section of the Bharatiya Nyaya Sanhita, 2023 or of any special or local law.

33.Which of the following correctly states the proviso to Section 242?

• (A) An offence under sub‑section (2) of section 303 is deemed the same kind as an offence under section 305, and any attempt to commit an offence is always deemed the same kind as that offence.
• (B) An offence punishable under sub‑section (2) of section 303 is deemed to be of the same kind as an offence under section 305, and an offence is deemed to be of the same kind as an attempt to commit it when such attempt is itself an offence.
• (C) The proviso only equates punishments and does not treat attempts as offences of the same kind.
• (D) An attempt can be deemed the same kind as the substantive offence even if the attempt is not punishable.

34.What does section 243(3) permit when the acts alleged constitute an offence falling within two or more separate definitions of any law in force?

• (A) The accused may be tried only for the single offence that best fits the facts.
• (B) The accused may be tried only if the punishments for those offences are identical.
• (C) The accused may be charged with, and tried at one trial for, each of such offences.
• (D) The accused must be discharged from one of the offences to avoid multiple convictions.

35.According to section 243(2), a person charged with criminal breach of trust or dishonest misappropriation who is also accused of falsification of accounts for the purpose of facilitating or concealing that offence may be:

• (A) Tried separately for the falsification of accounts only after conviction for the trust/misappropriation offence.
• (B) Charged with, and tried at one trial for, every such offence.
• (C) Charged only if the falsification occurred before the trust/misappropriation offence.
• (D) Charged together only if the falsification was committed by a different accused.

36.Section 243(5) states 'Nothing contained in this section shall affect section 9 of the Bharatiya Nyaya Sanhita, 2023.' What is the correct legal effect of this provision?

• (A) Section 243 overrides any contrary provision in section 9.
• (B) Section 9 remains unaffected and therefore prevails over any conflicting rule in section 243.
• (C) Both sections operate concurrently and any conflict is to be resolved by the trial court without regard to section 9.
• (D) Sections 243 and 9 are to be read together as a single merged provision.

37.Under Section 244(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if a single act may constitute several offences, which of the following charging options is expressly permitted?

• (A) The accused may be charged with all or any of such offences and any number of such charges may be tried at once, or he may be charged in the alternative with any one of them.
• (B) The accused must be charged with the most serious offence only.
• (C) The accused may be charged with only one offence selected by the police and no alternative charges are permitted.
• (D) No charges can be framed until it is certain which single offence has been committed.

38.According to Section 244(2), if the accused is charged with one offence but evidence shows he committed a different offence for which he might have been charged under subsection (1), can he be convicted of that different offence even though he was not charged with it?

• (A) No — he cannot be convicted of any offence unless he was specifically charged with it.
• (B) Yes — he may be convicted of the offence shown to have been committed though he was not charged with it.
• (C) Yes — but only if the prosecution formally amends the charge during trial.
• (D) No — conviction is possible only if the accused pleads guilty to the different offence.

39.In illustration (b), A is charged only with theft but it appears he committed criminal breach of trust or receiving stolen goods. What does Section 244(2) permit in this situation?

• (A) A must be acquitted because he was not charged with those offences.
• (B) A can be convicted only after the prosecution amends the charges before conviction.
• (C) A can be convicted only of a lesser included offence of theft.
• (D) A may be convicted of criminal breach of trust or of receiving stolen goods, though he was not charged with such offence.

40.Which limitation does Section 244(2) place on convicting an accused of an offence different from the one charged?

• (A) There is no limitation; any offence shown by evidence may be the basis of conviction.
• (B) He cannot be convicted of an offence that could not have been charged under sub‑section (1).
• (C) He may be convicted of a different offence only if the accused consents to amendment of the charge.
• (D) He may be convicted of any offence as long as it arises from the same general facts, regardless of sub‑section (1).

41.What does Section 245(3) allow a court to do?

• (A) Convert the charged offence into a completely different offence not related to the charge.
• (B) Convict the accused of an attempt to commit the charged offence even if the attempt is not separately charged.
• (C) Bar conviction for attempts unless the attempt is separately charged.
• (D) Require that attempts be tried only if they are the principal charge.

42.In Illustration (a) to Section 245, A is charged under sub-section (3) of section 316 with criminal breach of trust as a carrier, but it is proved he committed criminal breach of trust under sub-section (2) not as a carrier. Which subsection of Section 245 permits his conviction under sub-section (2) of section 316?

• (A) Sub-section (2) of Section 245
• (B) Sub-section (1) of Section 245
• (C) Sub-section (3) of Section 245
• (D) Sub-section (4) of Section 245

43.Illustration (b) shows A charged under sub-section (2) of section 117 with causing grievous hurt but proves he acted on grave and sudden provocation and may be convicted under sub-section (2) of section 122. Which subsection of Section 245 authorises this consequence?

• (A) Sub-section (1) — combination of particulars forming a minor offence
• (B) Sub-section (3) — conviction for attempt not separately charged
• (C) Sub-section (4) — prohibition where initiation conditions are not met
• (D) Sub-section (2) — facts proved reduce the offence to a minor offence

44.Under clause (a) of Section 246, which persons may be charged and tried together?

• (A) Persons accused of the same offence committed in the course of the same transaction
• (B) Persons accused of different offences in different transactions
• (C) Persons accused of the same offence committed at different times unrelated to the same transaction
• (D) Persons accused only of abetment where no principal offence is alleged

45.Which pairing is expressly covered by clause (b) of Section 246 for joint charge and trial?

• (A) Persons accused of two unrelated offences
• (B) Persons accused of an offence and persons accused of conspiracy unrelated to that offence
• (C) Persons accused only of receiving property with no link to the offence
• (D) Persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence

46.The proviso to Section 246 allows a Magistrate or Court of Session to try together persons charged with separate offences who do not fall within the listed categories, provided certain conditions are met. Which of the following is NOT one of those conditions?

• (A) The persons make an application in writing desiring a joint trial
• (B) The court is satisfied that the persons would not be prejudicially affected by a joint trial
• (C) The prosecution gives written consent to a joint trial
• (D) The court is satisfied that it is expedient to try them together

47.Which of the following best describes the scope of clause (e) of Section 246 regarding who may be tried together?

• (A) Only persons who actually committed the primary offence may be tried together; persons accused of receiving property cannot be joined
• (B) Persons accused of an offence including theft, extortion, cheating, or criminal misappropriation may be tried together with persons accused of receiving or retaining, or assisting in disposal or concealment of, property alleged to have been transferred by such offence, or with persons accused of abetment of or attempting to commit that latter offence
• (C) Persons accused of receiving property may be tried with the accused only if they are also charged with the same primary offence
• (D) Clause (e) allows only those accused of abetment of the primary offence to be joined, not those accused of receiving property

48.Who may withdraw the remaining charge or charges after a conviction on one or more heads when multiple charges were framed against the same person?

• (A) Only the Court itself
• (B) The complainant or the officer conducting the prosecution, with the consent of the Court
• (C) The accused person
• (D) Any public authority without Court consent

49.If the Court of its own accord stays the inquiry into or trial of the remaining charges (instead of withdrawal by the prosecution), does that stay itself amount to an acquittal of those charges?

• (A) Yes, any stay by the Court is equivalent to an acquittal
• (B) Yes, but only if the complainant agrees afterwards
• (C) No; the provision distinguishes a Court stay from withdrawal, and only withdrawal is stated to have the effect of an acquittal
• (D) No; a stay automatically results in conviction on other counts

50.If the conviction on which the withdrawal was effected is subsequently set aside, may the Court proceed with inquiry or trial of the charges that were withdrawn?

• (A) No, the acquittal resulting from withdrawal is final and bars further trial
• (B) Yes, but only if the complainant renews the charges
• (C) Yes; the said Court may proceed with the inquiry into, or trial of, the charge or charges so withdrawn subject to the order of the Court setting aside the conviction
• (D) Only an appellate Court can order that the withdrawn charges be tried again