Practice paper — BNSS Chapter XXIII — Plea Bargaining

1.Under Section 289, to which accused does this Chapter apply?

• (A) Only to an accused against whom the officer in charge of the police station has forwarded a report under section 193 alleging an offence punishable by death, life, or imprisonment exceeding seven years.
• (B) Only to an accused against whom a Magistrate has taken cognizance on complaint but has not examined the complainant and witnesses under section 223.
• (C) To an accused against whom either (a) a report under section 193 has been forwarded alleging an offence other than one punishable by death, life or imprisonment exceeding seven years, or (b) a Magistrate has taken cognizance on complaint and, after examining complainant and witnesses under section 223, issued process under section 227, provided the offence is not punishable by death, life or imprisonment exceeding seven years.
• (D) To any accused in any criminal matter regardless of how cognizance was taken or the punishment prescribed.

2.Which of the following exclusions does Section 289 expressly provide for (i.e. when the Chapter does not apply)?

• (A) Offences punishable by death, imprisonment for life, or imprisonment for a term exceeding seven years.
• (B) Offences committed by public servants in the discharge of official duties.
• (C) Offences involving only property disputes between private parties.
• (D) Offences that affect the socio‑economic condition of the country, or offences committed against a woman or a child.

3.A police report under section 193 alleges an offence punishable by 5 years' imprisonment, and the Central Government has notified that this offence affects the socio‑economic condition of the country. Does Section 289 apply to the accused?

• (A) Yes — Section 289 still applies because the punishment is less than seven years.
• (B) No — Section 289 does not apply because the Chapter is excluded where the offence affects the socio‑economic condition of the country.
• (C) Yes, but only if a Magistrate later takes cognizance on complaint and issues process under section 227.
• (D) No, unless the offence was also committed against a woman or a child.

4.Who, under Section 289(2), is empowered to determine by notification the offences that 'affect the socio‑economic condition of the country'?

• (A) The Central Government, by notification.
• (B) The State Government, by notification.
• (C) Parliament, by an Act.
• (D) The High Court, by judicial order.

5.An offence is punishable with imprisonment for exactly seven years. A report under section 193 alleges this offence. Does Section 289 apply to the accused?

• (A) Yes — the Chapter applies because the exclusion is only for imprisonment for a term exceeding seven years (i.e., more than seven years).
• (B) No — the Chapter does not apply because seven years is treated the same as imprisonment exceeding seven years.
• (C) Only if the Central Government has not notified the offence as affecting the socio‑economic condition of the country.
• (D) Only if a Magistrate also takes cognizance on complaint and issues process under section 227.

6.Under Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023, within what period may a person accused of an offence file an application for plea bargaining?

• (A) Within thirty days from the date of framing of charge in the Court in which the offence is pending for trial.
• (B) Within fifteen days from the date of framing of charge.
• (C) Within sixty days from the date of framing of charge.
• (D) At any time before the court passes judgment.

7.When the Public Prosecutor or complainant and the accused appear after notice under Section 290(3), how is the accused examined under Section 290(4)?

• (A) The accused is examined in open court with all parties present.
• (B) The accused is examined in the presence of the Public Prosecutor but not the complainant.
• (C) The accused is examined in camera, where the other party in the case shall not be present.
• (D) The accused is examined only through written questions submitted to the court.

8.If the Court is satisfied that the plea bargaining application has been filed voluntarily, what maximum period may it provide to the Public Prosecutor/complainant and the accused to work out a mutually satisfactory disposition (Section 290(4)(a))?

• (A) Thirty days.
• (B) Sixty days.
• (C) Ninety days.
• (D) One hundred and twenty days.

9.If the Court finds that the plea bargaining application has been filed involuntarily or that the accused has previously been convicted in a case charging him with the same offence, what course does Section 290(4)(b) require the Court to take?

• (A) Dismiss the criminal proceedings against the accused immediately.
• (B) Reject the application and refer the matter to a mediator for further negotiation.
• (C) Proceed further in accordance with the provisions of the Sanhita from the stage at which such application was filed under sub-section (1).
• (D) Hold a fresh framing of charges hearing before continuing trial.

10.Under Section 291(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case instituted on a police report, the Court shall issue notice to which of the following to participate in the meeting to work out a satisfactory disposition?

• (A) Public Prosecutor, the police officer who investigated the case, the accused and the victim
• (B) Public Prosecutor and the accused only
• (C) The accused and his advocate only
• (D) The accused, the victim and the judicial magistrate

11.Under Section 291(b), in a case instituted otherwise than on a police report, the Court shall issue notice to which persons to participate in a meeting to work out a satisfactory disposition?

• (A) Public Prosecutor and the investigating police officer
• (B) The accused and the victim
• (C) Only the accused
• (D) The accused, the victim and the Public Prosecutor

12.Does Section 291(a) permit the accused to participate in the meeting with his advocate in a case instituted on a police report?

• (A) No. The accused may not be accompanied by an advocate.
• (B) Yes, but only if the Public Prosecutor agrees.
• (C) Yes, but only if the Court specifically grants permission each time.
• (D) Yes. The accused may participate with his advocate if he so desires.

13.What specific duty does the Court have 'throughout such process of working out a satisfactory disposition' under Section 291 (both clauses)?

• (A) To ensure the outcome is fair and legally correct before approving it
• (B) To ensure that the entire process is completed voluntarily by the parties participating in the meeting
• (C) To ensure that the victim alone gives consent before any disposition
• (D) To ensure the accused attends the meeting accompanied by an advocate

14.If, during a meeting under section 291, a satisfactory disposition of the case is worked out, what must the Court do according to Section 292 of the Sanhita?

• (A) Prepare a report of such disposition signed by the presiding officer and all other persons who participated in the meeting.
• (B) Immediately pronounce a final order disposing the case without any report.
• (C) Refer the matter to a higher Court for approval before recording any disposition.
• (D) Record the disposition in the file but need not obtain any signatures.

15.Who, explicitly, must sign the report of the satisfactory disposition prepared under Section 292?

• (A) Only the presiding officer of the Court.
• (B) Only the parties to the case.
• (C) The presiding officer of the Court and all other persons who participated in the meeting.
• (D) The presiding officer and the Court registrar.

16.If no satisfactory disposition has been worked out in the meeting under section 291, what course of action does Section 292 require the Court to take?

• (A) Record that no disposition was worked out and proceed further from the stage the application under sub‑section (1) of section 290 has been filed.
• (B) Dismiss the application immediately for failure to reach a disposition.
• (C) Adjourn and reconvene the section 291 meeting until a disposition is reached.
• (D) Refer the matter to arbitration outside the Sanhita procedure.

17.According to Section 292, if a satisfactory disposition is worked out, which of the following statements does the provision itself expressly allow?

• (A) The presiding officer's signature alone is sufficient on the report.
• (B) The Court may accept signatures of a majority only and omit minority signatures.
• (C) The report may be prepared without any signatures if time is short.
• (D) The report shall be signed by the presiding officer and all other persons who participated in the meeting.

18.Under Section 293 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after a satisfactory disposition under section 292, what is the Court required to award to the victim?

• (A) File a charge sheet against the accused
• (B) Order imprisonment for the accused
• (C) Award compensation to the victim
• (D) Dismiss the case

19.Which clause of Section 293 allows the Court to release the accused on probation if it is of the view that section 401 or the Probation of Offenders Act is attracted?

• (A) Clause (b)
• (B) Clause (c)
• (C) Clause (a)
• (D) Clause (d)

20.If the law provides a minimum punishment for an offence and the accused is a first-time offender with no past convictions, what sentence may the Court impose under clause (c)?

• (A) Half of the minimum punishment
• (B) One-fourth of the minimum punishment
• (C) One-sixth of the minimum punishment
• (D) The full minimum punishment

21.Where an offence is not covered under clause (b) or clause (c), and the accused is a first-time offender with no prior convictions, what fraction of the punishment provided or extendable may the Court impose under clause (d)?

• (A) One-fourth of the punishment provided
• (B) One-half of the punishment provided
• (C) One-fourth of the minimum punishment
• (D) One-sixth of the punishment provided

22.According to Section 293, the reduced sentencing options in clauses (c) and (d) are to be applied after the Court has heard the parties under which earlier clause?

• (A) Clause (a)
• (B) Clause (c)
• (C) Clause (b)
• (D) Clause (d)

23.According to Section 294, where must the Court deliver its judgment?

• (A) In the open Court
• (B) In the judge's private chambers
• (C) By written notice sent to the parties only
• (D) Through publication in the official Gazette

24.Does Section 294 permit the Court to deliver its judgment in a form other than "in terms of section 293"?

• (A) Yes — the Court may adopt any form it considers appropriate
• (B) Only if both parties consent
• (C) No — the Court shall deliver its judgment in terms of section 293
• (D) Only when the presiding officer is unavailable

25.Under Section 294, can a judgment be lawfully delivered in the judge's chambers instead of the open Court?

• (A) Yes, whenever expedient
• (B) Yes, but only with written permission of the parties
• (C) Yes, if the presiding officer approves
• (D) No, it must be delivered in the open Court

26.If a judgment is signed by a judge who is not the presiding officer, is the requirement of Section 294 satisfied?

• (A) No — Section 294 requires signature by the presiding officer of the Court
• (B) Yes — any judge on the bench may sign on behalf of the Court
• (C) Yes — provided the judgment was delivered in the open Court
• (D) Only if the non-presiding judge was senior in rank

27.What is the primary legal effect of Section 295 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

• (A) The judgment delivered under this section is final and no appeal (except the special leave petition under article 136 and writ petitions under articles 226 and 227) shall lie against it.
• (B) The judgment delivered under this section may be appealed to any lower court as a matter of right.
• (C) The judgment delivered under this section is provisional until confirmed by a higher court.
• (D) The judgment delivered under this section can be appealed only to the High Court as a regular appeal.

28.Which remedies are expressly excepted from the bar on appeals in Section 295?

• (A) Only a special leave petition under article 136 of the Constitution.
• (B) The special leave petition under article 136 and writ petitions under articles 226 and 227 of the Constitution.
• (C) Only writ petitions under articles 226 and 227 of the Constitution.
• (D) Review and curative petitions under the Constitution.

29.If a party seeks further judicial review after a judgment under Section 295, which of the following is correct based solely on the text of the provision?

• (A) They may appeal to any court as a matter of right.
• (B) They may file only a review petition before the same court.
• (C) They may file an ordinary appeal to the High Court against that judgment.
• (D) They cannot bring an appeal in any court except by way of special leave under Article 136 or writ petitions under Articles 226 and 227.

30.Which description best captures the nature of the exceptions in Section 295's bar on appeals?

• (A) The exceptions (SLP under Article 136 and writs under Articles 226 and 227) are permitted avenues to challenge the judgment despite the general bar on appeals.
• (B) The exceptions listed are themselves barred and cannot be invoked.
• (C) The provision allows appeals to any court provided leave is granted by the original court.
• (D) The exceptions convert ordinary appeals into internal administrative reviews only.

31.Under Section 296 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which entity is expressly vested with the stated powers for plea bargaining purposes?

• (A) A Court
• (B) The Police
• (C) The Public Prosecutor
• (D) The Legislature

32.Which categories of powers are explicitly mentioned in Section 296 as being available to the Court?

• (A) Sentencing powers only
• (B) Powers in respect of bail, trial of offences and other matters relating to the disposal of a case
• (C) Powers only to admit evidence
• (D) Administrative regulatory powers unrelated to case disposal

33.Can the Court invoke the powers in respect of bail and trial under Section 296 for purposes other than discharging its functions under this Chapter?

• (A) Yes — the Court can use them for any purpose
• (B) No — the Court cannot exercise bail or trial powers at all
• (C) Yes — but only for the purposes of discharging its functions under this Chapter
• (D) Only with the consent of the accused and prosecution

34.Does Section 296 authorize the Court to exercise powers vested under other statutes, or is it limited to powers under the Sanhita?

• (A) Limited to powers under this Sanhita
• (B) Limited to powers under other statutes only
• (C) Allows both powers under this Sanhita and powers under other statutes
• (D) Does not authorize any powers at all

35.What is the primary provision of Section 297 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

• (A) That the provisions of section 468 apply for setting off the period of detention undergone by the accused against sentences under this Chapter.
• (B) That all periods of detention are converted into monetary compensation for sentences under this Chapter.
• (C) That Section 297 creates a new, separate set-off rule different from section 468.
• (D) That detained persons automatically receive early release without applying section 468.

36.Against what does Section 297 require the period of detention undergone by the accused to be set off?

• (A) A fine imposed under this Chapter.
• (B) Imprisonment under other provisions of this Sanhita.
• (C) Sentence of imprisonment imposed under this Chapter.
• (D) Preventive detention orders under unrelated statutes.

37.How are the provisions of Section 468 to be applied when setting off detention under Section 297?

• (A) With modifications specific to this Chapter.
• (B) In the same manner as they apply to imprisonment under other provisions of this Sanhita.
• (C) Only when the accused files a formal petition for set-off.
• (D) Only if the detention exceeds a statutory period specified elsewhere.

38.Does Section 297 prescribe a different method of calculating the set-off for detention compared to Section 468?

• (A) Yes; it prescribes a different calculation specific to this Chapter.
• (B) Yes; it applies only to offences triable by special courts.
• (C) No; it leaves calculation entirely to executive rules rather than Section 468.
• (D) No; it requires that Section 468 be applied in the same manner as for imprisonment under other provisions.

39.Which statement best captures the legal effect of Section 297?

• (A) It makes the provisions of section 468 applicable for setting off detention against sentences imposed under this Chapter.
• (B) It replaces section 468 with a new rule specific to this Chapter.
• (C) It amends section 468 to extend set-off to non-imprisonment penalties.
• (D) It abolishes the set-off of detention for sentences under this Chapter.

40.For the purposes of this Chapter, how is the expression "Public Prosecutor" defined in Section 298 (Explanation)?

• (A) Any person conducting prosecutions under any law.
• (B) Only an Assistant Public Prosecutor appointed under section 19.
• (C) The meaning assigned under clause (v) of section 2 and it includes an Assistant Public Prosecutor appointed under section 19.
• (D) A person appointed under any provision of this Sanhita relating to prosecution.

41.Does Section 298 make the Chapter prevail over inconsistent provisions in other statutes outside the Bharatiya Nagarik Suraksha Sanhita, 2023?

• (A) Yes — it overrides any inconsistent provision in any other statute.
• (B) Yes — it overrides subordinate legislation and other Acts.
• (C) No — it applies only to inconsistent provisions within the same Sanhita.
• (D) No — it applies only to rules made under this Chapter.

42.Which of the following best captures the precise legal effect of Section 298 on inconsistent provisions elsewhere in the Sanhita?

• (A) It preserves the Chapter's provisions as effective despite inconsistency and prevents other provisions from being used to construe or constrain their meaning.
• (B) It declares that inconsistent provisions in other parts of the Sanhita are void and of no effect.
• (C) It suspends application of other provisions until the Chapter is amended.
• (D) It requires courts to read other provisions to limit the Chapter unless there is an express conflict.

43.Under Section 299 of the Bharatiya Nagarik Suraksha Sanhita, 2023, statements or facts stated by an accused in an application for plea bargaining filed under section 290 may be used for which of the following?

• (A) Only for the purpose of this Chapter.
• (B) For any criminal trial or other legal proceedings.
• (C) Only for sentencing in any court.
• (D) For civil proceedings involving the accused.

44.Section 299 protects statements made by which person?

• (A) Witnesses giving testimony.
• (B) The accused who files an application for plea bargaining under section 290.
• (C) Victims or complainants.
• (D) Public servants or investigators.

45.If another law in force expressly permitted using statements from a plea bargaining application for other purposes, could those statements be used under that other law despite Section 299?

• (A) Yes, another law may permit their use despite Section 299.
• (B) Yes, but only with the written consent of the accused.
• (C) No, Section 299 operates "notwithstanding anything contained in any law for the time being in force" and bars such use.
• (D) Only if a court of competent jurisdiction orders it.

46.Which of the following best describes the scope of protection under Section 299?

• (A) It protects any statement made by the accused at any time during plea negotiations.
• (B) It protects only statements or facts stated by an accused in an application for plea bargaining filed under section 290; statements made elsewhere are not covered.
• (C) It protects statements made by the accused in any judicial document.
• (D) It protects statements only if they are recited in open court.

47.According to Section 300 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to which of the following does the Chapter NOT apply?

• (A) Any juvenile or child as defined in section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015
• (B) All adults over 18 years of age
• (C) Any accused person irrespective of age
• (D) Persons with mental illness

48.Which statutory definition does Section 300 expressly rely on to identify the 'juvenile or child' excluded from the Chapter?

• (A) The definition in the Code of Criminal Procedure
• (B) Section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016)
• (C) The definition in the Indian Penal Code
• (D) A definition to be provided in rules under this Act

49.If a person is classified as a 'child' under section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015, what is the effect of Section 300 on the application of this Chapter to that person?

• (A) The Chapter applies to that person only in part
• (B) The Chapter applies but with the court's discretion
• (C) Nothing in the Chapter applies to that person
• (D) The Chapter applies to that person subject to separate rules

50.Does Section 300's non-application extend to adults who are not juveniles or children as per section 2 of the Juvenile Justice Act?

• (A) No, it specifically excludes only juveniles or children defined in section 2
• (B) Yes, it excludes all persons including adults
• (C) Yes, but only if a juvenile court so directs
• (D) No, it excludes adults unless otherwise specified