Practice paper — BNSS Chapter XXI — Trial Of Summons-Cases By Magistrates

1.Under Section 274 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what must the Magistrate do when the accused appears in a summons-case?

• (A) State the particulars of the offence to the accused and ask whether he pleads guilty or has any defence to make
• (B) Frame a formal charge and then ask for plea
• (C) Convict the accused if the offence is minor
• (D) Remand the accused to police custody for further investigation

2.Is it necessary for the Magistrate to frame a formal charge in a summons-case according to Section 274?

• (A) Yes, a formal charge must always be framed in a summons-case
• (B) No, it shall not be necessary to frame a formal charge
• (C) Only if the accused denies the offence
• (D) Only after the accused has been examined as a witness

3.If the Magistrate considers the accusation groundless in a summons-case, what must the Magistrate do before releasing the accused so that the release has the effect of a discharge?

• (A) Obtain a further report from the investigating officer
• (B) Order interim bail pending further inquiry
• (C) Record reasons in writing and then release the accused, which shall have the effect of discharge
• (D) Frame a formal charge and then dismiss it

4.If the accused pleads guilty in a summons-case, is the Magistrate still required to frame a formal charge under Section 274?

• (A) Yes, framing a formal charge is required when the accused pleads guilty
• (B) No, framing a formal charge is not necessary in a summons-case
• (C) Only if the prosecution requests a formal charge
• (D) Only if the accused withdraws the plea later

5.If the Magistrate releases an accused as groundless but fails to record reasons in writing, what is the effect of that release under Section 274?

• (A) The release is nevertheless a discharge
• (B) It results in remand pending fresh inquiry
• (C) It leads to automatic conviction on other charges
• (D) Such release will not have the effect of a discharge unless reasons were recorded in writing

6.Under Section 275, if the accused pleads guilty, what is the Magistrate obligated to do regarding the plea?

• (A) Record the plea as nearly as possible in the words used by the accused.
• (B) Convict the accused as a matter of course.
• (C) Require corroborative evidence before recording the plea.
• (D) Enter a generic guilty plea without recording the accused's words.

7.Does Section 275 make conviction mandatory when the accused pleads guilty?

• (A) Yes, the Magistrate must convict whenever the accused pleads guilty.
• (B) No, the Magistrate is prohibited from convicting on a guilty plea.
• (C) No, the Magistrate may, in his discretion, convict the accused on the plea.
• (D) Yes, but only after framing of additional charges.

8.If the Magistrate does not record the accused's words verbatim but paraphrases them closely, is that consistent with Section 275?

• (A) No; the plea must be recorded verbatim word for word.
• (B) Yes; the Magistrate should record the plea as nearly as possible in the accused's words, so close paraphrase is permitted.
• (C) Only if the accused expressly agrees to the paraphrase in court.
• (D) No; the Magistrate must use a court-approved standard form instead of paraphrase.

9.Can a Magistrate lawfully convict the accused on a guilty plea without first recording that plea as required by Section 275?

• (A) Yes, conviction can proceed even if the plea is not recorded.
• (B) Yes, but only if the accused repeats the plea orally during sentencing.
• (C) Only if a higher court directs the conviction without recording.
• (D) No; the Magistrate shall record the plea and may then, in his discretion, convict thereon.

10.Which statement best captures the combined duty and power given to the Magistrate by Section 275 when an accused pleads guilty?

• (A) The Magistrate must record the accused's plea as nearly as possible in their words, but convicting remains discretionary.
• (B) The Magistrate must both record the plea and convict the accused whenever a guilty plea is entered.
• (C) The Magistrate may decline to record the plea but must convict if satisfied of guilt.
• (D) The Magistrate may record the plea in his own words and is then obliged to convict.

11.Under Section 276, by which means may an accused transmit his plea and the amount of fine to the Magistrate without appearing before the Magistrate?

• (A) By post or by messenger
• (B) By email or courier service
• (C) By telephone or radio communication
• (D) Through the police station where the summons was issued

12.Section 276 applies when a summons has been issued under which provision?

• (A) Section 224
• (B) Section 229
• (C) Section 230
• (D) Section 197

13.If an accused transmits a letter pleading guilty and sends the fine amount as required by Section 276(1), what power does the Magistrate have?

• (A) The Magistrate must convict the accused in his absence
• (B) The Magistrate cannot convict the accused in his absence
• (C) The Magistrate may, in his discretion, convict the accused in his absence and sentence him to pay the fine specified
• (D) The Magistrate may convict only after holding a formal hearing

14.When an advocate authorised by the accused pleads guilty on the accused's behalf under Section 276(2), how is the plea to be recorded by the Magistrate?

• (A) The Magistrate must record the plea exactly word for word without any change
• (B) The Magistrate need not record the plea and may simply note conviction
• (C) The Magistrate should paraphrase the plea in the prosecutor's language
• (D) The Magistrate shall record the plea as nearly as possible in the words used by the advocate

15.Is the transmission of the amount of fine mandatory when an authorised advocate pleads guilty on behalf of the accused under Section 276?

• (A) Yes — the advocate must transmit the fine amount along with the plea
• (B) No — the provision requires transmission of the amount only when the accused transmits a letter under sub‑section (1)
• (C) Yes — the Magistrate must refuse to convict unless the amount is transmitted
• (D) Only if the summons expressly states that the amount must be transmitted by the advocate

16.If the Magistrate does not convict the accused under section 275 or section 276, what must the Magistrate do under Section 277(1)?

• (A) Immediately discharge the accused without further proceedings.
• (B) Proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also hear the accused and take all such evidence as he produces in his defence.
• (C) Commit the matter to the Sessions Court for trial.
• (D) Convict the accused under a different provision of law.

17.Under Section 277(2), on the application of the prosecution or the accused the Magistrate may:

• (A) Impose a monetary penalty on any witness who fails to attend.
• (B) Order an in-camera trial of the witness's testimony.
• (C) Issue a summons to any witness directing him to attend or to produce any document or other thing.
• (D) Appoint a private investigator to secure the witness's attendance.

18.May the Magistrate require deposit of a witness's reasonable expenses before summoning the witness on such application under Section 277(3)?

• (A) Yes. The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness be deposited in Court.
• (B) No. Expenses can only be required after the witness has attended and claimed them.
• (C) Yes, but only when the application is made by the prosecution (not the accused).
• (D) Yes, but only if the witness resides outside the Magistrate's jurisdiction.

19.If either the prosecution or the accused applies for a summons under Section 277(2), which of the following accurately reflects the Magistrate's authority?

• (A) The Magistrate is obliged to issue the summons upon receiving the application.
• (B) The Magistrate must personally examine the proposed witness before issuing a summons.
• (C) The Magistrate can only issue a summons to witnesses proposed by the prosecution.
• (D) The Magistrate may, if he thinks fit, issue a summons to any witness directing him to attend or to produce documents or other things.

20.Which statement correctly captures the temporal and conditional scope of the Magistrate's power to require deposit of a witness's expenses under Section 277(3)?

• (A) The Magistrate can require deposit of expenses at any time during the trial, before or after summoning.
• (B) The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending be deposited in Court.
• (C) The Magistrate can require deposit only after the witness has actually attended and claimed expenses.
• (D) The Magistrate may require deposit of expenses only when the application for summons is made by the prosecution.

21.Under section 278(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if the Magistrate, after taking the evidence referred to in section 277 and any further evidence he may cause to be produced of his own motion, finds the accused not guilty, what must he do?

• (A) Record an order of acquittal
• (B) Record an order of discharge without reasons
• (C) Remand the accused for further investigation
• (D) Pass sentence of imprisonment with or without fine

22.Which of the following accurately states the duty of the Magistrate under section 278(2) when he does not proceed in accordance with section 364 or section 401 and finds the accused guilty?

• (A) He may either acquit or convict at his discretion
• (B) He must refer the case to a higher court for sentence
• (C) He shall pass sentence upon him according to law
• (D) He must order further evidence before passing sentence

23.As per section 278(1), which statement about evidence is correct?

• (A) The Magistrate may consider only the evidence expressly specified in section 277
• (B) The Magistrate may take the evidence referred to in section 277 and such further evidence, if any, as he may of his own motion cause to be produced
• (C) The Magistrate may admit any extra-judicial evidence without restriction
• (D) The Magistrate cannot, of his own motion, call for further evidence

24.Under section 278(3), may a Magistrate convict the accused of an offence different in nature from that stated in the complaint or summons?

• (A) No — the conviction must be only for the exact offence in the complaint or summons
• (B) Yes — but only if the accused admits the different offence in open court
• (C) Yes — if the offence is triable under the Chapter and, from facts admitted or proved, he appears to have committed it, provided the Magistrate is satisfied the accused would not be prejudiced
• (D) Yes — but only with prior permission of the prosecution

25.A Magistrate, not having proceeded under section 364 or 401, convicts an accused of an offence different in nature from the complaint under section 278(3) because the proved facts support that offence. Under the provisions, what must the Magistrate do after finding the accused guilty?

• (A) Pass sentence upon him according to law
• (B) Record an acquittal because the offence differed from the complaint
• (C) Order a retrial complying with section 364 before passing sentence
• (D) Defer sentence and refer the matter to a higher court

26.Under Section 279, if a summons was issued on a complaint and the complainant does not appear on the day appointed or any adjourned day, what is the Magistrate required to do?

• (A) Immediately acquit the accused without further notice.
• (B) After giving thirty days' time to the complainant to be present, acquit the accused unless the Magistrate thinks proper to adjourn the hearing.
• (C) Dismiss the complaint as barred.
• (D) Convert the summons to a warrant and remand the accused.

27.When may the Magistrate dispense with the personal attendance of the complainant under Section 279(1)?

• (A) Where the complainant is represented by an advocate, or by the officer conducting the prosecution, or where the Magistrate is of opinion that the personal attendance is not necessary.
• (B) Only when the complainant is represented by an advocate.
• (C) Only when the complainant files a written waiver of attendance.
• (D) Whenever the accused agrees to proceed in the complainant's absence.

28.If the complainant is represented by an advocate but does not personally appear on the hearing date, what course is permissible under Section 279?

• (A) The Magistrate must still give thirty days' time before any action.
• (B) The Magistrate must acquit the accused immediately.
• (C) The Magistrate may dispense with the complainant's personal attendance and proceed with the case.
• (D) The Magistrate must order the advocate to produce the complainant within seven days.

29.How does Section 279 deal with situations where the complainant's non‑appearance is due to death?

• (A) The provision does not apply at all in case of the complainant's death.
• (B) The Magistrate must automatically acquit the accused without any further steps.
• (C) The provisions of sub‑section (1) shall, so far as may be, apply to cases where the non‑appearance is due to death.
• (D) The case must be transferred to a civil court in the event of death.

30.If the complainant is represented by a person who is not an advocate and not the officer conducting the prosecution, can the Magistrate, under Section 279(1) proviso, dispense with the complainant's personal attendance merely on that basis?

• (A) Yes — any authorised representative will allow the Magistrate to dispense with attendance.
• (B) No — the proviso permits dispensing only where the complainant is represented by an advocate or the officer conducting the prosecution, or where the Magistrate thinks personal attendance unnecessary.
• (C) Yes — if the representative files a power of attorney, attendance can be dispensed with.
• (D) No — personal attendance can never be dispensed with under any circumstances.

31.Who is entitled to apply to withdraw a complaint under Section 280?

• (A) The complainant
• (B) The police officer in charge
• (C) The accused
• (D) The Magistrate suo motu

32.If the Magistrate permits withdrawal of the complaint under Section 280, what is the immediate legal consequence for the accused against whom the complaint is withdrawn?

• (A) The accused's trial continues despite withdrawal
• (B) The complaint is kept on record for future prosecution
• (C) The Magistrate shall acquit the accused against whom the complaint is so withdrawn
• (D) The accused is placed on probation

33.At what stage may a complainant withdraw his complaint under Section 280?

• (A) Only after charges are framed
• (B) At any time before a final order is passed in the case
• (C) Only before the police file a charge-sheet
• (D) After a final order is passed

34.If there are multiple accused, against whom may the complainant withdraw the complaint under Section 280?

• (A) Only against all accused jointly
• (B) Only against a single accused at a time
• (C) Only against those convicted earlier
• (D) Against all or any of them

35.If a complainant satisfies the Magistrate that there are sufficient grounds for withdrawal, must the Magistrate permit the withdrawal under Section 280?

• (A) Yes, the Magistrate must permit withdrawal once satisfied
• (B) No, the Magistrate has discretion and may permit withdrawal
• (C) Withdrawal is automatic without any order of the Magistrate
• (D) Only a higher court can permit withdrawal in that situation

36.Section 281's power to stop proceedings applies to which of the following cases?

• (A) Any criminal case
• (B) Complaint-case only
• (C) Summons-case instituted otherwise than upon complaint
• (D) Summons-case instituted upon complaint

37.Who may stop the proceedings under Section 281?

• (A) A Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate
• (B) Any Judicial Magistrate without any sanction
• (C) Only the Chief Judicial Magistrate
• (D) A Magistrate of the second class with permission of the Sessions Judge

38.If stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, the Magistrate should:

• (A) Stop proceedings without pronouncing any judgment
• (B) Pronounce a judgment of acquittal
• (C) Release the accused with no effect of discharge
• (D) Remand the accused to custody

39.If the proceedings are stopped in a case other than after the principal witnesses' evidence has been recorded, the immediate effect on the accused is:

• (A) Pronouncement of acquittal
• (B) Grant of bail pending fresh inquiry
• (C) Release of the accused, and such release shall have the effect of discharge
• (D) Committal to higher court for trial

40.Which statement correctly reconciles the power to "stop the proceedings at any stage without pronouncing any judgment" with the clause about stoppage after the evidence of principal witnesses?

• (A) The Magistrate may always stop the proceedings without pronouncing any judgment, even after principal witnesses have given evidence
• (B) Even after principal witnesses' evidence is recorded, the Magistrate may choose to release the accused instead of pronouncing acquittal
• (C) If stoppage is made after the evidence of the principal witnesses has been recorded, the Magistrate must pronounce a judgment of acquittal; in other cases the accused is released (with effect of discharge)
• (D) The power to pronounce acquittal after principal witnesses' evidence requires prior sanction of the Chief Judicial Magistrate

41.Under Section 282 of the Bharatiya Nagarik Suraksha Sanhita, when may a Magistrate consider converting a summons-case into a warrant-case?

• (A) When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months
• (B) When a summons-case relates to any cognizable offence regardless of punishment
• (C) Only after conviction in a summons-case
• (D) Only when the accused requests conversion to a warrant-case

42.Which of the following powers is expressly granted to the Magistrate by Section 282 once it appears in the interests of justice to convert a summons-case to a warrant-case?

• (A) To convert the case and send it to the Sessions Court
• (B) To re-hear the case in the manner provided for warrant-cases and to recall any witness who may have been examined
• (C) To impose a harsher sentence immediately without further hearing
• (D) To quash the summons and drop the proceedings

43.Can Section 282 be invoked in a summons-case concerning an offence punishable with imprisonment for up to six months?

• (A) Yes, if the Magistrate considers it in the interests of justice
• (B) No, the provision applies only to summons-cases relating to offences punishable with imprisonment for a term exceeding six months
• (C) Yes, but only after obtaining approval from a higher court
• (D) No, unless the accused agrees to conversion

44.Is the Magistrate's power under Section 282 exercisable before the trial of the summons-case has commenced?

• (A) Yes, at any stage including before the first hearing
• (B) No, it must be exercised "in the course of the trial" as stated in the provision
• (C) Yes, but only with the consent of the parties
• (D) No, it can only be exercised after conviction

45.After converting a summons-case under Section 282, may the Magistrate recall a person who has not yet been examined as a witness?

• (A) No; the provision allows recalling "any witness who may have been examined," i.e., those already examined
• (B) Yes; "recall any witness" includes witnesses not yet examined
• (C) Yes, but only with leave of the accused
• (D) No; witnesses may not be recalled under any circumstances