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Practice paper — BNSS Chapter XXIV — Attendance Of Persons Confined Or Detained In Prisons

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  1. 1.Under Section 301 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the term "detained" expressly includes which of the following?

    • (A) Persons detained under any law providing for preventive detention
    • (B) Only persons detained after conviction by a court
    • (C) Persons held in police station lock-ups for routine investigation
    • (D) Persons detained for mental health treatment

  2. 2.Which of the following is explicitly included within the definition of "prison" in Section 301?

    • (A) Only district and Central jails
    • (B) Only places declared by the Central Government
    • (C) Any reformatory, Borstal institution or other institution of a like nature
    • (D) Police station lock-ups

  3. 3.A place is made a subsidiary jail by a special order of the State Government. Under Section 301, is that place a "prison"?

    • (A) No — only places declared by the Central Government become prisons
    • (B) No — only places declared by a general order qualify, not by special order
    • (C) Yes — but only if it is also a reformatory
    • (D) Yes — a subsidiary jail declared by the State Government by general or special order is included as a "prison"

  4. 4.Does the definition of "prison" in Section 301 cover a privately-run reformatory?

    • (A) Only if the State Government declares it a subsidiary jail
    • (B) Yes — "prison" includes any reformatory, Borstal institution or other institution of a like nature
    • (C) No — only government-run institutions are covered
    • (D) Only if it houses convicted prisoners

  5. 5.Which item in the definition of "prison" specifically depends on a declaration by the State Government under Section 301?

    • (A) Any reformatory
    • (B) Any Borstal institution
    • (C) Any place declared by the State Government by general or special order to be a subsidiary jail
    • (D) Any institution "of a like nature"

  6. 6.Under Section 302(1) of the Bharatiya Nagarik Suraksha Sanhita, when may a Criminal Court make an order requiring the officer in charge of a prison to produce a person confined in prison?

    • (A) When it appears the person should be brought before the Court to answer to a charge, for any proceedings against him, or to be examined as a witness.
    • (B) Only when the person must be brought to answer a criminal charge against him.
    • (C) Only when the person is to be produced for medical examination.
    • (D) Only when the person has completed a sentence but is needed for a civil proceeding.

  7. 7.If an order under Section 302(1) is made by a Magistrate of the second class, what is required before the officer in charge of the prison may act on it?

    • (A) Approval by the Sessions Judge of the district.
    • (B) Countersignature by the Chief Judicial Magistrate to whom that Magistrate is subordinate.
    • (C) Endorsement by the Superintendent of the prison.
    • (D) Written consent of the prisoner concerned.

  8. 8.What must accompany every order submitted by a Magistrate of the second class for countersigning under Section 302(2)?

    • (A) A certified copy of the charge sheet against the prisoner.
    • (B) An endorsement by the investigating police officer explaining urgency.
    • (C) A statement of the facts which, in the opinion of the Magistrate, render the order necessary.
    • (D) A written undertaking by the prisoner consenting to be produced.

  9. 9.A Magistrate of the second class issues an order to produce a prisoner for the purpose of giving evidence. Can the officer in charge of the prison act on that order before it is countersigned by the Chief Judicial Magistrate?

    • (A) Yes, because producing a witness is less intrusive than producing an accused to face a charge.
    • (B) Yes, if the Magistrate explains urgency in a note on the order.
    • (C) Only if the prisoner expressly waives the requirement for countersignature.
    • (D) No — the order shall not be forwarded to, or acted upon by, the officer in charge unless it is countersigned by the Chief Judicial Magistrate.

  10. 10.When an order is submitted for countersigning under Section 302(3), whose opinion determines the facts that must be stated as rendering the order necessary?

    • (A) The Chief Judicial Magistrate's opinion.
    • (B) The opinion of the officer in charge of the prison.
    • (C) The opinion of the Magistrate who made the order.
    • (D) The opinion of the Criminal Court as a whole.

  11. 11.Who is empowered by Section 303(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to direct that a person shall not be removed from the prison in which he is confined?

    • (A) The State Government only
    • (B) The Central Government only
    • (C) The State Government or the Central Government, as the case may be
    • (D) The Superintendent of the prison

  12. 12.What is the direct legal effect while an order under Section 303(1) remains in force?

    • (A) No order made under Section 302, whether before or after the order, shall have effect in respect of such person or class of persons
    • (B) The person must be immediately released from prison
    • (C) The person may be transferred only with the prisoner's consent
    • (D) All previous convictions are suspended

  13. 13.If an order under Section 302 was made removing a prisoner, and thereafter the State Government issues an order under Section 303(1) in respect of that prisoner, what is the effect on the earlier Section 302 order?

    • (A) The earlier Section 302 order remains effective unless a court sets it aside
    • (B) The earlier Section 302 order shall have no effect in respect of that prisoner while the Section 303 order remains in force
    • (C) The earlier Section 302 order is valid but subject to review by the Central Government
    • (D) The earlier Section 302 order is effective only if it was made after public notice

  14. 14.Which of the following is NOT one of the matters listed in Section 303(2) that the Government must have regard to before making an order under Section 303(1)?

    • (A) The nature of the offence or grounds for detention
    • (B) The likelihood of disturbance of public order if the person is removed
    • (C) The public interest, generally
    • (D) The capacity of the receiving prison to accommodate more inmates

  15. 15.Does Section 303, as drafted, expressly state that a government order under it invalidates removals made under legal provisions other than Section 302?

    • (A) No — the provision explicitly states that no order made under Section 302 shall have effect; it does not state effects on other provisions
    • (B) Yes — it invalidates all removals by any authority once the order is in force
    • (C) Yes — it invalidates only orders made before the government order but not those made after
    • (D) No — the provision leaves the matter to the discretion of the prison superintendent

  16. 16.According to Section 304, what must the officer in charge of the prison do when one of the conditions (a)–(d) applies to a person in respect of whom an order is made under section 302?

    • (A) Abstain from carrying out the Court's order and send a statement of reasons to the Court.
    • (B) Carry out the Court’s order immediately irrespective of the conditions.
    • (C) Refer the matter to the State Government for directions before acting.
    • (D) Release the person unconditionally without informing the Court.

  17. 17.Which of the following situations is described in clause (b) of Section 304?

    • (A) Person is by reason of sickness or infirmity unfit to be removed from the prison.
    • (B) Person is in custody for a period which would expire before the time required for complying with the order.
    • (C) Person is under committal for trial or under remand pending trial or pending a preliminary investigation.
    • (D) Person is subject to an order made by the State Government or the Central Government under section 303.

  18. 18.A person covered by clause (b) is required to attend to give evidence at a place 20 kilometres from the prison. Under Section 304's proviso, how should the officer in charge act regarding abstaining from carrying out the Court’s order?

    • (A) Abstain from carrying out the order because clause (b) applies.
    • (B) Abstain only if a medical certificate is produced.
    • (C) Proceed to send the person without any statement of reasons.
    • (D) Not abstain for the reason mentioned in clause (b), because attendance for evidence is within 25 kilometres.

  19. 19.If the person is in custody for a period which would expire before the time required for complying with the order and for taking him back to the prison (clause (c)), what is the duty of the officer in charge under Section 304?

    • (A) He must immediately comply with the Court’s order and release the person.
    • (B) He shall abstain from carrying out the Court’s order and send the Court a statement of reasons.
    • (C) He must transfer the person to another prison before complying with the order.
    • (D) He must seek permission from the Central Government to abstain.

  20. 20.A detained person is both under remand pending trial (clause (b)) and, by reason of sickness, unfit to be removed from prison (clause (a)). The person's attendance is required for giving evidence at a place 10 kilometres away. Under Section 304, may the officer in charge abstain from carrying out the Court's order?

    • (A) No — the proviso prevents abstention in all cases where attendance is within 25 kilometres.
    • (B) Yes — the proviso allows abstention in all listed clauses when attendance is within 25 kilometres.
    • (C) Yes — the officer may abstain because clause (a) permits abstention and the proviso applies only to clause (b).
    • (D) No — the officer must always carry out the order when any two clauses apply together.

  21. 21.Who is required by Section 305 to cause the person named in the order to be taken to the Court?

    • (A) The public prosecutor
    • (B) The officer in charge of the prison
    • (C) The presiding Judge of the Court
    • (D) The police station house officer

  22. 22.Under Section 305, how long must the person be kept in custody after being brought to the Court?

    • (A) Until the trial is finally disposed of
    • (B) Until the public prosecutor moves for release
    • (C) Until he has been examined or until the Court authorises him to be taken back to the prison
    • (D) Until a separate written remand order is produced

  23. 23.Must the order under subsection (1) of section 302 always be countersigned before the officer acts under Section 305?

    • (A) Yes, it must always be countersigned
    • (B) Only where necessary under sub-section (2) of section 302
    • (C) No, it must never be countersigned
    • (D) Only if the Court so directs

  24. 24.An order under sub-section (1) of section 302 has been made but not yet delivered to the officer in charge. When must the officer cause the person to be taken to Court?

    • (A) As soon as the order is made, without delivery
    • (B) Only after the Court gives further instruction
    • (C) Only if the prisoner agrees to be moved
    • (D) Only after delivery of the order made under sub-section (1) of section 302

  25. 25.Which of the following is NOT a precondition, under Section 305, for the officer in charge to cause the person to be taken to Court?

    • (A) Delivery of an order made under sub-section (1) of section 302
    • (B) The order being duly countersigned where necessary under sub-section (2)
    • (C) Prior authorisation by the Court to take the person back to the prison
    • (D) The duty being subject to the provisions of section 304

  26. 26.Under Section 306, a commission may be issued for the examination, as a witness, of which of the following persons?

    • (A) Only persons accused of an offence who are detained in prison
    • (B) Any person confined or detained in a prison
    • (C) Only convicted prisoners
    • (D) Only police officers detained in prison

  27. 27.Section 306 preserves the power of the Court to issue a commission under which section?

    • (A) Section 319
    • (B) Section 306
    • (C) Section 325
    • (D) Section 203

  28. 28.Does the Chapter's provisions affect or limit the Court's power to issue a commission under section 319, according to Section 306?

    • (A) Yes; the Chapter removes that power from the Court
    • (B) No; the provisions are without prejudice to that power and do not affect it
    • (C) Yes; the Chapter limits the power to examinations of convicted prisoners only
    • (D) Yes; the Chapter permits only magistrates to issue such commissions

  29. 29.How do the provisions of Part B of Chapter XXV apply to the examination on commission of a person in prison, as per Section 306?

    • (A) They apply in the same way as they apply to the examination on commission of any other person
    • (B) They do not apply to persons in prison
    • (C) They apply only to convicted prisoners
    • (D) They apply only with the prior consent of the prison authorities

  30. 30.Under Section 306, a commission for examination of a person confined in prison may be issued for that person in which capacity?

    • (A) As an accused before trial
    • (B) As a medical or expert examiner
    • (C) As a witness
    • (D) Both as a witness and as an accused

Answer key

1. A2. C3. D4. B5. C6. A7. B8. C9. D10. C11. C12. A13. B14. D15. A16. A17. C18. D19. B20. C21. B22. C23. B24. D25. C26. B27. A28. B29. A30. C

Explanations

  1. 1. (A) The provision states: "'detained' includes detained under any law providing for preventive detention." This phrase directly confirms that detention under preventive detention laws is included.
  2. 2. (C) Section 301(b)(ii) states that "prison" includes "any reformatory, Borstal institution or other institution of a like nature." Thus reformatories and Borstal institutions are expressly included.
  3. 3. (D) Section 301(b)(i) provides that "prison" includes "any place which has been declared by the State Government, by general or special order, to be a subsidiary jail." Therefore a place declared by special order is included.
  4. 4. (B) Section 301(b)(ii) states "prison" includes "any reformatory, Borstal institution or other institution of a like nature," without limiting by ownership, so a reformatory is included regardless of management.
  5. 5. (C) Section 301(b)(i) expressly makes a "place which has been declared by the State Government, by general or special order, to be a subsidiary jail" part of the definition of "prison," so that category requires a State Government declaration.
  6. 6. (A) Section 302(1)(a) and (b) explicitly allow a Criminal Court to order production where it appears the person should be brought to answer a charge or for any proceedings against him, or when it is necessary to examine him as a witness. Other listed purposes (medical, civil after sentence) are not mentioned in the provision.
  7. 7. (B) Section 302(2) states that an order made by a Magistrate of the second class shall not be forwarded to, or acted upon by, the officer in charge of the prison unless it is countersigned by the Chief Judicial Magistrate to whom such Magistrate is subordinate.
  8. 8. (C) Section 302(3) requires that every order submitted for countersigning under subsection (2) shall be accompanied by a statement of the facts which, in the opinion of the Magistrate, render the order necessary. The provision does not require a charge sheet, police endorsement, or prisoner’s undertaking.
  9. 9. (D) Section 302(2) plainly provides that where an order is made by a Magistrate of the second class it shall not be forwarded to, or acted upon by, the officer in charge of the prison unless it is countersigned by the relevant Chief Judicial Magistrate. No exceptions (urgency or prisoner waiver) are provided in the text.
  10. 10. (C) Section 302(3) requires a statement of the facts which, in the opinion of the Magistrate, render the order necessary — indicating it is the making Magistrate’s opinion that determines the stated facts. The provision does not make this determination the CJM’s, prison officer’s or the entire Court’s.
  11. 11. (C) Section 303(1) expressly states that "The State Government or the Central Government, as the case may be, may ... direct that any person or class of persons shall not be removed from the prison...". Thus the power lies with the State Government or the Central Government as appropriate.
  12. 12. (A) Section 303(1) states that so long as the government order remains in force, "no order made under section 302, whether before or after the order ... shall have effect in respect of such person or class of persons." Hence the specified consequence relates to orders under Section 302.
  13. 13. (B) Section 303(1) states that "so long as the order remains in force, no order made under section 302, whether before or after the order ... shall have effect in respect of such person." Therefore a subsequent Section 303 order nullifies the effect of an earlier Section 302 removal order while it is in force.
  14. 14. (D) Section 303(2) lists: (a) the nature of the offence or grounds of detention, (b) the likelihood of disturbance of public order, and (c) the public interest. Prison capacity is not mentioned among the matters enumerated in sub-section (2).
  15. 15. (A) Section 303(1) specifies that "no order made under section 302, whether before or after the order ... shall have effect in respect of such person or class of persons." It therefore expressly addresses orders under Section 302; it does not state that orders under other provisions are thereby invalidated.
  16. 16. (A) Section 304 states that where any of the listed conditions (a)–(d) applies, the officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the Court a statement of reasons for so abstaining. The section contains no provision requiring immediate compliance, referral to the State Government, or unconditional release.
  17. 17. (C) Clause (b) expressly describes a person who 'is under committal for trial or under remand pending trial or pending a preliminary investigation.' This is distinct from clauses (a), (c) and (d), which set out other circumstances.
  18. 18. (D) The proviso to Section 304 provides that where attendance is required for giving evidence at a place not more than twenty-five kilometres distance from the prison, the officer shall not abstain for the reason mentioned in clause (b). Therefore, if the requirement is within 25 km, clause (b) cannot be relied on to abstain.
  19. 19. (B) Clause (c) is explicitly listed among the circumstances in which 'the officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the Court a statement of reasons for so abstaining.' The section does not require immediate release, transfer, or central permission in this clause.
  20. 20. (C) The proviso limits abstention only 'for the reason mentioned in clause (b)' when attendance is within 25 kilometres. It does not affect other grounds such as sickness in clause (a). Therefore, if clause (a) applies the officer may still abstain even though clause (b) would be displaced by the proviso.
  21. 21. (B) The provision states "the officer in charge of the prison shall... cause the person named in the order to be taken to the Court." Thus the duty is placed on the officer in charge of the prison.
  22. 22. (C) The section requires that the person "shall be kept in custody in or near the Court until he has been examined or until the Court authorises him to be taken back to the prison in which he was confined or detained."
  23. 23. (B) Section 305 conditions the duty on an order "duly countersigned, where necessary, under sub-section (2) thereof," which means countersignature is required only where subsection (2) makes it necessary.
  24. 24. (D) The section states the officer shall act "upon delivery of an order made under sub-section (1) of section 302..." so the duty is triggered by delivery of the order, not merely by its making.
  25. 25. (C) Section 305 requires "upon delivery of an order made under sub-section (1) of section 302 and duly countersigned, where necessary..." and begins "Subject to the provisions of section 304." The Court's authorisation to take the person back is a condition for returning him, not a precondition for bringing him to Court.
  26. 26. (B) The provision states a commission may be issued for the examination, as a witness, of "any person confined or detained in a prison," which plainly covers any person so confined, not only accused or convicted persons.
  27. 27. (A) The provision expressly refers to the power of the Court to issue, "under section 319, a commission" for examination of a person confined in prison, so the power preserved is under section 319.
  28. 28. (B) The provision begins by saying the Chapter's provisions "shall be without prejudice to the power of the Court to issue, under section 319, a commission," which means the Chapter does not affect or limit that existing power.
  29. 29. (A) Section 306 states that "the provisions of Part B of Chapter XXV shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person," i.e., they apply in the same manner.
  30. 30. (C) The provision specifically authorises issuing a commission for the "examination, as a witness, of any person confined or detained in a prison," indicating the examination on commission is for the person's role as a witness.

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