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Practice paper — BNSS Chapter XX — Trial Of Warrant-Cases By Magistrates

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1.Under Section 261 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when is the Magistrate required to act as prescribed by this section?
- (A) When, in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial.
- (B) When the accused is convicted after trial.
- (C) In any summons-case at any stage of proceedings.
- (D) When the police apply for a search warrant before trial begins.
2.What duty does Section 261 impose on the Magistrate at the commencement of the trial in the specified situation?
- (A) To record the statement of the accused under oath.
- (B) To remand the accused to police custody.
- (C) To satisfy himself that he has complied with the provisions of section 230.
- (D) To discharge the accused if charges are not framed.
3.Does Section 261 apply to a summons-case rather than a warrant-case?
- (A) Yes — it applies to all criminal cases regardless of mode of institution.
- (B) No — it applies specifically to warrant-cases instituted on a police report.
- (C) Yes — but only if the accused voluntarily appears.
- (D) Only after framing of charges in a summons-case.
4.If the accused does not appear and is not brought before the Magistrate at the commencement of the trial, does Section 261 require the Magistrate to satisfy himself about compliance with section 230 at that time?
- (A) Yes — the Magistrate must satisfy himself in all circumstances.
- (B) Yes — but only if the prosecution requests it.
- (C) Only if the accused is represented by counsel at the commencement.
- (D) No — the obligation arises when the accused "appears or is brought before a Magistrate at the commencement of the trial."
5.Under Section 262(1) of the Bharatiya Nagarik Suraksha Sanhita, within what period may the accused prefer an application for discharge from the date of supply of copies under section 230?
- (A) 30 days
- (B) 60 days
- (C) 90 days
- (D) 120 days
6.On what material basis does the Magistrate consider whether to discharge the accused under Section 262(2)?
- (A) The police report and the documents sent with it under section 193
- (B) Only the charge-sheet filed by the police
- (C) Witness depositions recorded under section 200 alone
- (D) Oral testimony presented at the hearing only
7.Before deciding on discharge under Section 262(2), may the Magistrate examine the accused by audio-video electronic means?
- (A) No — examination must be physical only
- (B) Only if the accused expressly consents
- (C) Yes — either physically or through audio-video electronic means as the Magistrate thinks necessary
- (D) Yes — but only through audio-video means and not physically
8.Which parties must be given an opportunity of being heard before the Magistrate discharges the accused under Section 262(2)?
- (A) Only the accused must be given an opportunity to be heard
- (B) Only the prosecution must be given an opportunity to be heard
- (C) No hearing is necessary; the Magistrate may decide on documents alone
- (D) Both the prosecution and the accused must be given an opportunity of being heard
9.Within what period must the Magistrate frame the charge under Section 263 from the date of first hearing on charge?
- (A) Within 30 days
- (B) Within 60 days
- (C) Within 90 days
- (D) Before the first hearing on charge
10.After a charge is framed under Section 263, what must the Magistrate do before asking the accused for his plea?
- (A) The charge must be read and explained to the accused
- (B) The accused must be produced before a witness
- (C) The Magistrate must deliver judgment
- (D) The charge must be translated into the accused's native language
11.If the Magistrate thinks there is ground for presuming commission of an offence triable under this Chapter but is not competent to try that offence, is he required to frame a charge under Section 263?
- (A) Yes, framing is required regardless of competence
- (B) No, framing is required only if the Magistrate is competent to try the offence
- (C) Yes, but only after informing the accused of the lack of competence
- (D) Only after obtaining permission from a higher court
12.Which of the following is NOT required by Section 263 as a condition for framing a charge?
- (A) There is ground for presuming the accused committed the offence
- (B) The offence is triable under this Chapter
- (C) The Magistrate is convinced of the accused's guilt beyond reasonable doubt
- (D) The Magistrate is competent to try and, in his opinion, could adequately punish the offence
13.Under Section 264, what is the Magistrate required to do when the accused pleads guilty?
- (A) Record the plea
- (B) Immediately convict without recording
- (C) Discharge the accused
- (D) Refer the matter to a higher court
14.Does Section 264 make conviction mandatory when the accused pleads guilty?
- (A) Yes, conviction is automatic
- (B) No, conviction is discretionary
- (C) No, conviction is prohibited
- (D) Yes, but only after a full trial
15.Can a Magistrate convict the accused on a guilty plea without first recording that plea under Section 264?
- (A) Yes, recording is optional and conviction can proceed
- (B) Only if the accused signs a written confession
- (C) No, the Magistrate must first record the plea before convicting
- (D) Only after taking testimony of prosecution witnesses
16.Can a Magistrate lawfully convict solely on the basis of the accused's guilty plea according to Section 264?
- (A) Yes, the Magistrate may convict the accused thereon
- (B) No, conviction requires independent corroborative evidence
- (C) Only if the public prosecutor endorses the plea
- (D) Only after the court is satisfied the plea is voluntary and informed
17.According to Section 265, if the accused refuses to plead or does not plead, what must the Magistrate do?
- (A) Fix a date for the examination of witnesses
- (B) Convict the accused under section 264
- (C) Discharge the accused
- (D) Order a fresh investigation
18.What must the Magistrate supply in advance to the accused under the proviso to sub‑section (1)?
- (A) Copies of all police reports and the charge sheet
- (B) A list of the prosecution witnesses only
- (C) The statement of witnesses recorded during investigation by the police
- (D) A summary of oral evidence expected at trial
19.Regarding cross‑examination under sub‑section (3), which of the following is true?
- (A) Cross‑examination must always take place immediately after the witness's examination
- (B) The Magistrate must never recall witnesses for further cross‑examination
- (C) Cross‑examination may be conducted only after all witnesses are examined
- (D) The Magistrate may permit deferral of cross‑examination until other witnesses have been examined or recall a witness for further cross‑examination
20.Which statement correctly reflects the 'Provided further' clause about audio‑video electronic means for examination of a witness under sub‑section (3)?
- (A) The Magistrate must examine all witnesses by audio‑video electronic means in every case
- (B) Audio‑video examination may be used but only with the accused's consent
- (C) The examination may be done by audio‑video electronic means at the designated place to be notified by the State Government
- (D) Examination by audio‑video may be conducted from any location on any platform without restriction
21.If the accused puts in any written statement after being called upon to enter upon his defence, what must the Magistrate do?
- (A) File the written statement with the record
- (B) Return the written statement to the accused
- (C) Read the written statement aloud in open court and then discard it
- (D) Forward the written statement to the prosecution for comment before filing
22.Who is to be called upon to enter upon his defence and produce his evidence under Section 266(1)?
- (A) The victim
- (B) The prosecution
- (C) The public prosecutor
- (D) The accused
23.Under Section 266(2), in what circumstance may the examination of a witness be done by audio‑video electronic means?
- (A) Only with the written consent of the accused and the prosecution
- (B) Only if the witness is unable to attend in person due to medical reasons
- (C) At the designated place to be notified by the State Government
- (D) Only in the presence of both parties' counsels in the trial court
24.Which of the following correctly states the Magistrate's power under Section 266(3) regarding expenses of a witness summoned on an application under sub‑section (2)?
- (A) The Magistrate may, before summoning any witness on such an application, require that the reasonable expenses incurred by the witness in attending be deposited in Court
- (B) The Magistrate shall always require the deposition of expenses before summoning any witness
- (C) The Magistrate may require deposit of expenses only after the witness has been summoned and appeared
- (D) The Magistrate is forbidden from asking for any deposit of expenses for witnesses summoned on such applications
25.Under Section 267(1) of the Bharatiya Nagarik Suraksha Sanhita, when must the Magistrate proceed to hear the prosecution and take evidence in a warrant-case?
- (A) When any warrant-case is instituted on a police report and accused is not produced
- (B) When a warrant-case instituted otherwise than on a police report, and the accused appears or is brought before the Magistrate
- (C) When any summons-case is filed and the accused appears before the Magistrate
- (D) Only after the police have submitted a chargesheet in a warrant-case
26.Does Section 267 apply to a warrant-case instituted on a police report so that the Magistrate must proceed to hear the prosecution when the accused appears?
- (A) Yes, it applies to all warrant-cases including those on police reports
- (B) Yes, but only if the prosecution files an application first
- (C) No, it applies only to warrant-cases instituted otherwise than on a police report
- (D) No, it applies only to summons-cases
27.Under Section 267(2), can the Magistrate issue a summons to a prosecution witness on the Magistrate’s own motion without any application by the prosecution?
- (A) No; the Magistrate may issue a summons only on the application of the prosecution
- (B) Yes; the Magistrate may suo motu issue summons to prosecution witnesses
- (C) Yes; but only to require production of documents, not attendance
- (D) No; summons can be issued only after trial has concluded
28.Which description best captures the scope of the evidence the Magistrate is to take under Section 267(1)?
- (A) Any evidence presented by any party, including defence evidence
- (B) Only documentary evidence produced by the prosecution
- (C) Only evidence presented by the police investigators
- (D) All such evidence as may be produced in support of the prosecution
29.Under section 268(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when shall a Magistrate discharge the accused?
- (A) If, upon taking all the evidence referred to in section 267, the Magistrate considers, for reasons to be recorded, that no case has been made out which, if unrebutted, would warrant his conviction.
- (B) If the public prosecutor requests discharge of the accused.
- (C) If the accused pleads guilty to a lesser offence.
- (D) If the accused is granted bail by the Magistrate.
30.Which of the following is a required element for discharge under section 268(1)?
- (A) A finding of the accused's innocence beyond reasonable doubt.
- (B) A written opinion from the prosecutor that no case exists.
- (C) Recorded reasons by the Magistrate that no case, which if unrebutted would warrant conviction, has been made out after taking all evidence referred to in section 267.
- (D) Consent of the complainant to discharge the accused.
31.According to section 268(1), which procedural step must precede the Magistrate's consideration that may lead to discharge?
- (A) Framing of the charge and final arguments.
- (B) Recording of the accused's statement under oath.
- (C) Granting of bail to the accused.
- (D) Taking all the evidence referred to in section 267.
32.Which statement best captures the effect of section 268(2)?
- (A) It prevents the Magistrate from discharging the accused at any earlier stage.
- (B) It confirms that nothing in the section prevents the Magistrate from discharging the accused at any previous stage if, for reasons to be recorded, he considers the charge groundless.
- (C) It allows earlier discharge only if the accused produces evidence proving innocence.
- (D) It requires that any earlier discharge must be approved by a higher court.
33.Under Section 269(1) of the Bharatiya Nagarik Suraksha Sanhita, when is a Magistrate required to frame a charge against the accused?
- (A) Only after the prosecution has proved guilt beyond reasonable doubt.
- (B) If the Magistrate is of opinion there is ground for presuming the accused committed an offence triable under this Chapter which he is competent to try and could adequately punish.
- (C) Whenever the accused is produced before the Magistrate for the first time.
- (D) Only when the accused confesses to the offence.
34.If the accused refuses to plead, does not plead, claims to be tried, or is not convicted under sub-section (3), when must the Magistrate require him to state whether he wishes to cross-examine prosecution witnesses whose evidence has been taken?
- (A) At the commencement of the next hearing of the case, or forthwith if the Magistrate for reasons to be recorded in writing so thinks fit.
- (B) Only at the very end of the trial, after all evidence and arguments.
- (C) Immediately without any requirement for the Magistrate to record reasons.
- (D) Only after the prosecution closes its entire case.
35.When the accused states he wishes to cross‑examine certain prosecution witnesses whose evidence has been taken, what does Section 269(5) require the Magistrate to do with those witnesses?
- (A) Discharge them immediately without recall.
- (B) Permit the prosecution to call different witnesses instead.
- (C) Order their evidence to be re-recorded afresh as if not taken earlier.
- (D) Recall the named witnesses and, after cross-examination and re-examination (if any), discharge them.
36.If the accused pleads guilty but the Magistrate does not convict under sub-section (3), what does Section 269(4) require regarding the accused's opportunity to indicate witnesses he wishes to cross-examine?
- (A) The accused loses the opportunity to indicate witnesses once he pleads guilty.
- (B) Even if the accused pleads guilty but is not convicted under sub-section (3), he shall be required to state at the commencement of the next hearing (or forthwith with reasons recorded) whether he wishes to cross-examine prosecution witnesses whose evidence has been taken.
- (C) The Magistrate must automatically convict without offering any further chance to cross-examine.
- (D) The accused may only cross-examine witnesses if the prosecution agrees.
37.Under which stage heading does section 270 appear in the Act?
- (A) Investigation
- (B) Conclusion of trial
- (C) Framing of charge
- (D) Sentencing
38.What does section 270 state about the application of section 266?
- (A) Section 266 applies only to witnesses
- (B) Section 266 applies only to the accused personally
- (C) The provisions of section 266 shall apply to the case
- (D) Section 266 does not apply
39.According to section 270, when the accused is called upon, which of the following is he to do?
- (A) File an appeal
- (B) Make a bail application
- (C) Only give a sworn statement
- (D) Enter upon his defence and produce his evidence
40.Does section 270 itself specify consequences if the accused declines to enter his defence or to produce evidence?
- (A) Yes, it prescribes specific consequences in the same provision
- (B) No, it only calls upon the accused and states that section 266 shall apply without setting out consequences
- (C) Yes, it allows the court to convict in absence of defence
- (D) No, it defers all matters to the prosecution's discretion
41.According to Section 271(2), if the Magistrate finds the accused guilty but does not proceed under sections 364 or 401, what is the Magistrate required to do?
- (A) Record an order of acquittal
- (B) Adjourn the matter for framing of further charges
- (C) After hearing the accused on sentence, pass sentence according to law
- (D) Send the accused to a higher court for sentencing
42.Where a previous conviction is charged under sub-section (7) of section 234 and the accused does not admit that he was previously convicted, when may the Magistrate take evidence of the alleged previous conviction?
- (A) Before framing the principal charge
- (B) After he has convicted the accused
- (C) At the time of framing the previous-conviction charge
- (D) At any stage before sentencing
43.Which statement best describes when previous-conviction matters may be dealt with under Section 271(3) and its proviso?
- (A) The Magistrate may take evidence of the previous conviction before convicting, but the prosecution may refer to it only after conviction
- (B) Both the Magistrate taking evidence of the alleged previous conviction and any reference to it by the prosecution are permitted only after the accused has been convicted under sub-section (2)
- (C) The prosecution may refer to the previous conviction at the time of framing the charge, but the Magistrate must not ask the accused to plead to it
- (D) The Magistrate can read out the previous-conviction charge to the accused before framing the principal charge
44.How long must the Magistrate give the complainant time to be present before, in his discretion, discharging the accused under Section 272?
- (A) Seven days' time
- (B) Fifteen days' time
- (C) Thirty days' time
- (D) Sixty days' time
45.Can the Magistrate discharge the accused under Section 272 after the charge has been framed?
- (A) Yes, at any stage of the trial
- (B) Yes, but only if the offence is compoundable
- (C) Yes, but only with written permission of the complainant
- (D) No, the discharge power is exercisable only before the charge has been framed
46.If the complainant is absent on a hearing day but the offence is cognizable and not lawfully compoundable, does Section 272 permit the Magistrate to discharge the accused?
- (A) Yes, because complainant's absence alone is sufficient
- (B) No, because the provision requires the offence to be compoundable or not cognizable
- (C) Yes, but only after giving thirty days' time
- (D) No, unless the accused requests it
47.What is the effect of the phrase 'notwithstanding anything hereinbefore contained' in Section 272?
- (A) It allows the Magistrate to exercise the discharge power despite any earlier provisions in the Act
- (B) It makes the Magistrate's discharge mandatory whenever the complainant is absent
- (C) It limits the discharge power to after the charge is framed
- (D) It requires that the accused consent before discharge
48.What is the maximum period of simple imprisonment that may be ordered in default of payment of compensation under Section 273(3)?
- (A) Seven days
- (B) Fifteen days
- (C) Thirty days
- (D) Sixty days
49.If the person upon whose complaint the accusation was made is not present when the Magistrate discharges or acquits the accused and thinks there was no reasonable ground, what does Section 273(1) allow the Magistrate to do?
- (A) Adjourn the matter until the complainant appears in person
- (B) Issue a warrant for the immediate arrest of the complainant
- (C) Direct the issue of a summons to the complainant to appear and show cause
- (D) Dismiss the application for compensation for want of the complainant's presence
50.A Magistrate of the second class directs a complainant to pay compensation exceeding two thousand rupees under Section 273(2). What recourse does the complainant have under Section 273(6)?
- (A) No appeal is permitted against such an order
- (B) The complainant may appeal as if he had been convicted on a trial held by that Magistrate
- (C) The complainant may only seek revision in the High Court
- (D) The complainant must pay first and then file a civil suit for refund

Answer key

1. A2. C3. B4. D5. B6. A7. C8. D9. B10. A11. B12. C13. A14. B15. C16. A17. A18. C19. D20. C21. A22. D23. C24. A25. B26. C27. A28. D29. A30. C31. D32. B33. B34. A35. D36. B37. B38. C39. D40. B41. C42. B43. B44. C45. D46. B47. A48. C49. C50. B

Explanations

1. (A) The provision states: "When, in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial..." This identifies the precise situation when Section 261 applies.
2. (C) Section 261 provides that the Magistrate "shall satisfy himself that he has complied with the provisions of section 230." Thus the Magistrate's duty is to ensure compliance with section 230 before proceeding.
3. (B) The provision expressly begins with "When, in any warrant-case instituted on a police report..." so its application is confined to warrant-cases instituted on a police report and not to summons-cases.
4. (D) Section 261 is triggered "When... the accused appears or is brought before a Magistrate at the commencement of the trial," so if the accused is not present or not brought at that time the specific obligation in Section 261 does not arise.
5. (B) Section 262(1) expressly states that the accused may prefer an application for discharge within a period of sixty days from the date of supply of copies of documents under section 230. The correct period is therefore 60 days.
6. (A) Section 262(2) requires the Magistrate to consider the police report and the documents sent with it under section 193 when deciding on discharge. The provision specifies these materials as the basis for consideration.
7. (C) Section 262(2) permits the Magistrate to make such examination of the accused either physically or through audio-video electronic means as the Magistrate thinks necessary. Thus audio-video examination is expressly allowed at the Magistrate's discretion.
8. (D) Section 262(2) requires that the Magistrate, after making necessary examination, must give the prosecution and the accused an opportunity of being heard before deciding. Therefore both parties must be heard.
9. (B) The provision states the Magistrate "shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge." Therefore the time limit is 60 days from the first hearing on charge.
10. (A) Section 263 provides that "The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty ... or claims to be tried." Hence the charge must be read and explained before recording the plea.
11. (B) Section 263 requires framing a charge only if the Magistrate is "competent to try" the offence; the phrase makes competence a precondition. If the Magistrate is not competent, framing under this provision is not required.
12. (C) Section 263 requires an opinion of "ground for presuming" commission, that the offence is "triable under this Chapter," and that the Magistrate is "competent to try" and believes it "could be adequately punished by him." It does not require conviction or belief of guilt beyond reasonable doubt, which is a higher standard not mentioned in the provision.
13. (A) Section 264 states that if the accused pleads guilty, the Magistrate shall record the plea. The provision makes recording the plea a mandatory step before any further action.
14. (B) Section 264 provides that the Magistrate "may, in his discretion, convict him thereon," which indicates that conviction upon a guilty plea is discretionary and not mandatory.
15. (C) Section 264 expressly states the Magistrate "shall record the plea" when the accused pleads guilty, and then "may ... convict him thereon." Thus recording the plea is a mandatory antecedent to any conviction under this provision.
16. (A) Section 264 states that if the accused pleads guilty the Magistrate "may, in his discretion, convict him thereon," which permits conviction based on the plea itself. The provision does not require additional evidence for conviction in such a case.
17. (A) Sub‑section (1) states that if the accused refuses to plead or does not plead, the Magistrate shall fix a date for the examination of witnesses. The other options are not authorised by the text of sub‑section (1).
18. (C) The proviso to sub‑section (1) expressly requires the Magistrate to supply in advance to the accused the statement of witnesses recorded during investigation by the police. The provision does not mention the other listed items.
19. (D) The first proviso to sub‑section (3) permits the Magistrate to allow cross‑examination to be deferred until other witness or witnesses have been examined and to recall any witness for further cross‑examination. The other statements contradict that proviso.
20. (C) The 'Provided further' to sub‑section (3) states that the examination of a witness may be done by audio‑video electronic means at the designated place to be notified by the State Government. It is permissive and specifies the designated place, not an unconditional or universal mandate.
21. (A) Section 266(1) states that if the accused puts in any written statement, the Magistrate shall file it with the record. The provision mandates filing the statement with the case record.
22. (D) Section 266(1) begins: 'The accused shall then be called upon to enter upon his defence and produce his evidence.' Thus the accused is the person required to enter upon his defence.
23. (C) The proviso to Section 266(2) states that 'the examination of a witness under this sub‑section may be done by audio‑video electronic means at the designated place to be notified by the State Government.' The provision specifies the designated place notified by the State Government.
24. (A) Section 266(3) explicitly states that the Magistrate 'may, before summoning any witness on an application under sub‑section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court.' The language 'may' makes it a discretionary power exercisable before summoning.
25. (B) Section 267(1) states that when, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take such evidence as may be produced in support of the prosecution. The provision expressly confines this duty to warrant-cases instituted otherwise than on a police report and to the situation when the accused appears or is brought before the Magistrate.
26. (C) Section 267(1) specifically refers to a 'warrant-case instituted otherwise than on a police report.' Thus the duty described applies to warrant-cases not instituted on a police report, and not to those instituted on a police report.
27. (A) Section 267(2) states that 'The Magistrate may, on the application of the prosecution, issue a summons…' which links the power to an application by the prosecution. It does not provide for issuance on the Magistrate’s own motion.
28. (D) Section 267(1) directs the Magistrate to 'proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.' Hence the obligation is to take evidence that is produced in support of the prosecution, as stated.
29. (A) Section 268(1) states that after taking all the evidence referred to in section 267, if the Magistrate considers for reasons to be recorded that no case which, if unrebutted, would warrant conviction has been made out, the Magistrate shall discharge him. The provision specifies the factual test and the requirement of recorded reasons.
30. (C) Section 268(1) requires the Magistrate to record reasons and to consider, after taking all the evidence referred to in section 267, that no case has been made out which, if unrebutted, would warrant conviction. The provision does not require prosecutor's opinion, complainant's consent, or the higher criminal standard of proof for discharge.
31. (D) Section 268(1) begins with "If, upon taking all the evidence referred to in section 267," indicating that the Magistrate's consideration for discharge follows the taking of all evidence referred to in section 267. The discharge is therefore framed after that evidentiary step.
32. (B) Section 268(2) expressly states that nothing in the section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless. It therefore permits earlier discharge subject to recorded reasons and does not impose the other listed conditions.
33. (B) Section 269(1) states the Magistrate shall frame a written charge if he is of opinion there is ground for presuming the accused committed an offence triable under this Chapter, which he is competent to try and could adequately punish. It does not require proof beyond reasonable doubt or a confession.
34. (A) Section 269(4) specifies the accused shall be required to state, at the commencement of the next hearing, or forthwith if the Magistrate for reasons to be recorded in writing so thinks fit, whether he wishes to cross-examine the prosecution witnesses whose evidence has been taken.
35. (D) Section 269(5) directs that witnesses named by the accused shall be recalled and, after cross-examination and re-examination (if any), they shall be discharged. It does not permit immediate discharge without recall or automatic re-recording as new evidence.
36. (B) Section 269(4) expressly includes the situation where the accused "is not convicted under sub-section (3)" and requires the accused to state at the next hearing (or forthwith with reasons recorded) whether he wishes to cross-examine prosecution witnesses whose evidence has been taken.
37. (B) The provision is headed "C.—Conclusion of trial," showing that section 270 is placed at the conclusion of the trial stage.
38. (C) Section 270 expressly provides that "the provisions of section 266 shall apply to the case," meaning section 266 is to be applied in relation to the case at this stage.
39. (D) The text states the accused "shall then be called upon to enter upon his defence and produce his evidence," so the accused is to enter his defence and produce evidence at that stage.
40. (B) Section 270 only states that the accused "shall then be called upon to enter upon his defence and produce his evidence; and the provisions of section 266 shall apply to the case." It does not itself enumerate consequences for declining to enter defence or produce evidence.
41. (C) Section 271(2) provides that where the Magistrate finds the accused guilty but does not proceed under section 364 or 401, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law. The provision requires the Magistrate himself to hear on sentence and pass sentence.
42. (B) Section 271(3) states that if a previous conviction is charged and the accused does not admit it, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous conviction and shall record a finding thereon. The text thus places taking such evidence after conviction.
43. (B) Section 271(3) provides that the Magistrate may take evidence of an alleged previous conviction only after he has convicted the accused, and the proviso forbids reading the charge, asking the accused to plead, or prosecution referring to the previous conviction unless and until the accused has been convicted under sub-section (2). Therefore both taking evidence and prosecution reference are permitted only post-conviction under sub-section (2).
44. (C) The provision states the Magistrate 'may after giving thirty days’ time to the complainant to be present' discharge the accused. Therefore the period specified is thirty days.
45. (D) The provision expressly limits the power to 'at any time before the charge has been framed,' so the Magistrate cannot discharge the accused after the charge has been framed under this section.
46. (B) Section 272 applies when 'the offence may be lawfully compounded or is not a cognizable offence.' If the offence is cognizable and not compoundable, that condition is not met, so the Magistrate cannot discharge under this provision.
47. (A) The phrase 'notwithstanding anything hereinbefore contained' indicates that the Magistrate's discretion to discharge may be exercised despite any contrary provision earlier in the Act. It does not make the power mandatory, nor does it change the temporal limit (which remains 'before the charge has been framed').
48. (C) Sub‑section (3) provides that in default of payment the person shall undergo simple imprisonment for a period not exceeding thirty days. The other durations are not authorised by the provision.
49. (C) Sub‑section (1) expressly provides that if the complainant is not present the Magistrate may direct the issue of a summons to him to appear and show cause. The provision does not require adjournment, arrest, or dismissal for want of presence.
50. (B) Sub‑section (6) states that such a complainant may appeal from the order as if he had been convicted on a trial held by such Magistrate. The text does not limit recourse to revision, require prior payment, or bar appeals.