Practice paper — BNSS Chapter XXVI — General Provisions As To Inquiries And Trials

1.Under Section 337(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following is prohibited while a conviction or acquittal remains in force?

• (A) Bringing a civil suit based on the same facts
• (B) Trying the person again for the same offence
• (C) Appealing the conviction to a higher court
• (D) Commencing fresh administrative proceedings

2.A person is charged by a Magistrate of the second class and convicted of theft of property from the person of B. Can that person subsequently be charged with and tried for robbery on the same facts?

• (A) No, double jeopardy prevents any further trial on the same facts
• (B) Yes, but only with the consent of the State Government
• (C) Yes, only if the victim later dies or other consequences arise
• (D) Yes, because Section 337(4) allows subsequent trial if the first court was not competent to try the later offence

3.Under Section 338(2), if a private person instructs his advocate to prosecute a person in any Court, who is to conduct the prosecution?

• (A) The advocate so instructed conducts the prosecution independently.
• (B) The Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution.
• (C) The private person must prosecute personally.
• (D) The Court must appoint a special prosecutor to conduct the case.

4.Which statement correctly distinguishes authority to appear and the ability to make submissions under Section 338?

• (A) Both the Public Prosecutor and a private person's instructed advocate may appear without written authority.
• (B) The Public Prosecutor may appear without written authority; the private person's instructed advocate must act under the Public Prosecutor's directions and may only submit written arguments after evidence is closed with the Court's permission.
• (C) The Public Prosecutor requires written authority, while the private advocate can appear and submit arguments at any stage with the Court's permission.
• (D) Neither the Public Prosecutor nor a private advocate can appear without written authority.

5.Can a Magistrate permit a police officer below the rank of inspector to conduct the prosecution in a case?

• (A) Yes, the Magistrate has unrestricted power to permit any person
• (B) Yes, but only with the consent of the Public Prosecutor
• (C) No, a Magistrate may not permit a police officer below the rank of inspector
• (D) Only if that officer is appointed as an Assistant Public Prosecutor

6.Who is expressly given the right to be defended by an advocate of his choice under Section 340 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

• (A) Any person accused of an offence before a Criminal Court
• (B) Any person charged in a civil suit
• (C) Any person summoned as a witness
• (D) Any police officer under investigation

7.Can a person who is merely a witness (not accused and not subject to proceedings under the Sanhita) claim the right in Section 340 to be defended by an advocate of his choice under this provision?

• (A) Yes — all participants in proceedings have that right
• (B) Yes — but only with the court's permission
• (C) No — not unless the witness is subsequently accused
• (D) No — the right is limited to persons accused before a Criminal Court or against whom proceedings are instituted under this Sanhita

8.Which authority is empowered by Section 341(2) to make rules about selecting advocates, facilities, and fees for defence under sub‑section (1)?

• (A) The State Government alone.
• (B) The High Court, with the previous approval of the State Government.
• (C) The Supreme Court with consultation from the High Court.
• (D) Any Court trying the case without requiring prior approval.

9.If an accused is already represented by a privately engaged advocate but it appears the accused lacks sufficient means, is the Court obliged under Section 341 to assign an advocate at State expense?

• (A) Yes, the Court must assign an additional advocate whenever the accused lacks sufficient means.
• (B) Yes, but only if the private advocate agrees to be replaced.
• (C) No, because sub‑section (1) requires that the accused be not represented by an advocate and appear to lack sufficient means.
• (D) No, unless the High Court by rule permits assignment despite existing representation.

10.If a representative of a corporation appears in an inquiry or trial, how are requirements that something shall be done in the presence of the accused, or read/stated/explained to the accused, or that the accused shall be examined, to be construed?

• (A) Those requirements must still be met by addressing the corporation's managing director personally.
• (B) Those requirements are suspended until the corporation's board issues instructions.
• (C) They shall be construed as requirements that the thing be done in the presence of, or read/stated/explained to, the representative and that the representative shall be examined.
• (D) They do not apply because corporations cannot be examined; only natural persons can be examined.

11.Under Section 343, who may tender a pardon to a person to obtain evidence?

• (A) Both the Chief Judicial Magistrate and the Magistrate of the first class inquiring into or trying the offence
• (B) Only the Chief Judicial Magistrate
• (C) Only the Magistrate of the first class inquiring into or trying the offence
• (D) The Sessions Judge

12.After a person has accepted a tender of pardon and been examined under Section 343(4), what must the Magistrate taking cognizance do under Section 343(5)?

• (A) Continue further inquiry before committing the case for trial
• (B) Discharge the accused without trial
• (C) Commit the case to the Court of Session in every case
• (D) Without further inquiry, commit the case for trial to the appropriate Court or, in other cases, make over the case to the Chief Judicial Magistrate to try it himself as specified

13.What is the purpose specified in Section 344 for tendering a pardon?

• (A) To commute the sentence of the accused
• (B) To punish an accused who is a minor participant
• (C) To obtain at the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence
• (D) To delay the trial until further investigation

14.What does Section 344 indicate about the nature of the pardon to be tendered?

• (A) It is to be tendered "on the same condition" — i.e., conditional
• (B) It must be an unconditional pardon
• (C) The Court may choose either a conditional or unconditional pardon without restriction
• (D) The pardon applies only after judgment is passed

15.What is the evidentiary status of any statement made by the person accepting the tender of pardon and recorded under section 183 or section 343(4) at the subsequent trial under section 345?

• (A) It may be given in evidence against him at such trial.
• (B) It is inadmissible and cannot be used against him.
• (C) It may be used only to corroborate other evidence and not as primary evidence.
• (D) It is admissible only with the sanction of the High Court.

16.Under Section 346, what is the default frequency for continuing proceedings in every inquiry or trial?

• (A) Proceedings shall be continued on a day-to-day basis until all witnesses in attendance have been examined
• (B) Proceedings shall be continued weekly until all witnesses have been examined
• (C) Proceedings shall be continued only when witnesses are summoned
• (D) Proceedings shall be continued monthly until completion

17.When witnesses are in attendance in Court, under what condition may an adjournment or postponement be granted without examining them?

• (A) If both parties consent to the adjournment
• (B) If the prosecution requests the adjournment
• (C) If the witnesses request not to be examined
• (D) Only for special reasons recorded in writing

18.At what stage of proceedings may a judge or magistrate conduct an inspection under Section 347?

• (A) Only before the trial begins
• (B) At any stage of any inquiry, trial or other proceeding
• (C) Only during the trial after evidence is closed
• (D) Only during appellate proceedings

19.Which statement best describes the scope of places a judge or magistrate may inspect under Section 347(1)?

• (A) Only the specific place where the offence is alleged to have been committed
• (B) The place where the offence is alleged or any other place which in the judge's opinion it is necessary to view to appreciate the evidence
• (C) Any place if the public prosecutor requests it
• (D) Only places within the court's territorial jurisdiction as specified elsewhere in law

20.Which of the following is true about examining a person 'in attendance' under Section 348?

• (A) The Court may not examine anyone unless they are formally summoned
• (B) The Court may examine any person in attendance though not summoned as a witness
• (C) The Court may examine only after the person has been sworn as a witness
• (D) The Court may examine persons in attendance only if they are parties to the proceeding

21.Who is empowered by Section 349 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to order a person to give specimen signatures or finger impressions?

• (A) Any Magistrate
• (B) A Magistrate of the first class
• (C) A Sessions Judge
• (D) A Police Officer

22.What does Section 349 require of the person to whom an order for a specimen relates?

• (A) They must be taken into custody immediately and cannot be released
• (B) They need only provide an explanation why they cannot attend
• (C) They must appear only if they are an accused person
• (D) They shall be produced or shall attend at the time and place specified and shall give the specimen

23.Who are the persons specifically mentioned as eligible to receive payment of reasonable expenses under Section 350?

• (A) The accused
• (B) Any complainant or witness
• (C) Judicial officers
• (D) Defence counsel

24.How does Section 350 treat the relationship between the court's power to order payment and rules made by the State Government?

• (A) The court's power is absolute and cannot be limited by State Government rules
• (B) The court's power is subject to any rules made by the State Government
• (C) The court must follow only Central Government rules, not State rules
• (D) The court may disregard State Government rules if it thinks fit

25.In a summons case where the Court has dispensed with the personal attendance of the accused, what does Section 351's proviso say about examination under clause (b)?

• (A) The Court must still examine the accused under clause (b).
• (B) The Court can examine the accused only with the Prosecutor's consent.
• (C) The Court may also dispense with his examination under clause (b).
• (D) The accused must be examined only by written questions.

26.Who may address concise oral arguments after the close of evidence according to Section 352(1)?

• (A) Any party to a proceeding
• (B) Only the complainant or prosecutor
• (C) Only the accused or respondent
• (D) Only an advocate appearing for a party

27.What does Section 352(2) require regarding copies of memoranda submitted to the Court?

• (A) A copy must be filed only with the registry and not furnished to parties
• (B) A copy need be furnished to the opposite party on request
• (C) A copy of every such memorandum shall be simultaneously furnished to the opposite party
• (D) No copy need be furnished to the opposite party until after judgment

28.Under Section 353(1)(a), when may an accused be called as a witness?

• (A) At the request of the prosecution
• (B) Only on his own request in writing
• (C) If the Court orders him to testify
• (D) If any co-accused requests it

29.If a person is accused before a Criminal Court and proceedings are instituted against him under section 128, can his failure to give evidence be made the subject of comment or give rise to a presumption against any person charged with him?

• (A) Yes — because Section 353(2) applies and allows comment in such cases
• (B) It depends on whether he requested to be called in writing
• (C) No — Section 353(1) protects any accused from comment, and Section 353(2) expressly extends non-comment protection to proceedings under sections 127–129
• (D) No — but only if the Court specifically rules that comments are prohibited

30.If an accused is pressured to disclose a fact that is not within his knowledge, does Section 354 prohibit that pressure?

• (A) No — the prohibition applies only to inducing disclosure or withholding of matters within his knowledge
• (B) Yes — it prohibits any pressure regardless of whether the accused knows the matter
• (C) Yes — but only if the pressure is by promise
• (D) Yes — but only if the pressure is by threat

31.Under Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when may the Judge or Magistrate dispense with the personal attendance of the accused and proceed with the inquiry or trial in his absence?

• (A) If the accused is represented by an advocate and the Judge is satisfied for reasons to be recorded that personal attendance is not necessary or the accused persistently disturbs the proceedings.
• (B) If the accused files a written application asking to be tried in absentia regardless of representation.
• (C) Only when the accused has been convicted in an earlier proceeding for the same offence.
• (D) Whenever the public prosecutor agrees that the accused's presence is unnecessary.

32.After dispensing with the accused's personal attendance under Section 355(1), may the Judge or Magistrate later require the accused to attend personally?

• (A) Only if the accused submits a written request to appear personally.
• (B) Only with the permission of the advocate representing the accused.
• (C) No, once dispensed the order is final and cannot be changed.
• (D) Yes, the Judge or Magistrate may at any subsequent stage direct the personal attendance of the accused.

33.According to the proviso to sub‑section (1) of Section 356, the Court shall not commence the trial unless which period has lapsed from the date of framing of the charge?

• (A) 30 days
• (B) 60 days
• (C) 90 days
• (D) 120 days

34.Which statement correctly states the rule on appeals against judgments delivered under Section 356?

• (A) No appeal lies under any circumstances against a judgment under this section.
• (B) No appeal shall lie unless the proclaimed offender presents himself before the Court of appeal, and no appeal against conviction lies after three years from the date of the judgment.
• (C) An appeal may be filed by a relative of the proclaimed offender even if he does not present himself before the Court of appeal.
• (D) Appeal is permitted only to a special tribunal designated by the State notification.

35.Does Section 357 make it mandatory for a court to stop the trial when the accused cannot be made to understand the proceedings (but is not of unsound mind)?

• (A) Yes — the court must stop the trial.
• (B) No — the court may (discretionarily) proceed with the inquiry or trial.
• (C) No — the court must refer the question to the High Court before proceeding.
• (D) Yes — the court must appoint a next friend and then continue.

36.What power does Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 confer on the Court during an inquiry or trial?

• (A) Proceed against other persons appearing to be guilty of an offence
• (B) Transfer the case to a different Court
• (C) Dismiss the charges against the accused
• (D) Refer the matter to a separate investigative agency

37.When the Court proceeds against a person under sub‑section (1) of Section 358, how are the proceedings in respect of that person to be conducted?

• (A) The Court may proceed without re‑calling any witnesses and continue from the same stage
• (B) The Court must first refer the matter to a prosecutor before proceeding
• (C) Only the written statements are relied upon; witnesses need not be re‑heard
• (D) The proceedings in respect of such person shall be commenced afresh and the witnesses re‑heard; subject to that, the case may proceed as if such person had been an accused when the Court took cognizance

38.According to Section 359(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, compounding of the offences listed in the second Table may be done only with which of the following?

• (A) Permission of the Court before which any prosecution for such offence is pending
• (B) Consent of the complainant alone
• (C) Order of the Magistrate of first class
• (D) Approval of the Public Prosecutor

39.Which statement correctly captures the distinction in compounding between voluntarily causing grievous hurt under section 117(2) and voluntarily causing grievous hurt on grave and sudden provocation under section 122(2)?

• (A) Both sections are in the first Table and can be compounded without court permission by the person harmed.
• (B) Section 117(2) (voluntarily causing grievous hurt) can be compounded without court permission, but 122(2) requires court permission.
• (C) Section 117(2) appears in the second Table and requires the Court's permission to compound, whereas 122(2) appears in the first Table and may be compounded by the person to whom the hurt is caused without the Court's permission.
• (D) Neither offence can be compounded by the person harmed; both require the Court's permission.

40.Can a Court allow withdrawal from prosecution under Section 360 without giving the victim an opportunity to be heard?

• (A) Yes, the Court may allow withdrawal without hearing the victim if the prosecutor so requests.
• (B) Yes, provided the accused consents to the withdrawal.
• (C) No, the Court shall not allow such withdrawal without giving an opportunity of being heard to the victim.
• (D) Only if the offence is minor and punishable with fine.

41.Under Section 361(1) of the Bharatiya Nagarik Suraksha Sanhita, when must a Magistrate stay proceedings and submit the case with a brief report?

• (A) When evidence suggests he has no jurisdiction to try the case
• (B) When evidence suggests the case should be tried by some other Magistrate in the district
• (C) When evidence suggests the case should be tried by the Chief Judicial Magistrate
• (D) Any of the above

42.If during an inquiry a Magistrate forms the view that the case should be tried by the Chief Judicial Magistrate, what is the correct procedure under Section 361?

• (A) Proceed with the trial before himself despite his view
• (B) Stay proceedings and submit the case with a brief report to the Chief Judicial Magistrate
• (C) Commit the accused for trial immediately without reporting
• (D) Transfer the case to another district on his own initiative

43.If during an inquiry or trial a Magistrate finds the case ought to be tried by the Court of Session, what is he required to do under Section 362?

• (A) Try the case himself but send the record for confirmation
• (B) Commit the case to the Court of Session under the provisions hereinbefore contained
• (C) Reserve the question for the Sessions Judge to decide later
• (D) Discharge the accused and refer the matter to the Court of Session

44.Which of the following best describes the nature of the Magistrate's duty under Section 362 when he finds before signing judgment that the case ought to be tried by the Court of Session?

• (A) The Magistrate has a discretionary power to either try the case or commit it
• (B) The Magistrate must commit the case to the Court of Session
• (C) The Magistrate may refer the question to the accused for consent before committing
• (D) The Magistrate should postpone any decision until after judgment is signed

45.If the Magistrate before whom the case is pending is competent to try the case and is of opinion that he can himself pass an adequate sentence, what does Section 363(1) permit the Magistrate to do?

• (A) Refer the case to the High Court for directions
• (B) Try the case himself and not send or commit the accused
• (C) Automatically discharge the accused
• (D) Send the accused to the nearest Judicial Magistrate First Class

46.Under Section 364(1) of the Bharatiya Nagarik Suraksha Sanhita, when may a Magistrate record his opinion and forward the accused to the Chief Judicial Magistrate?

• (A) After hearing the evidence for the prosecution and the accused, if he opines the accused is guilty and ought to receive punishment different in kind or more severe than he can inflict.
• (B) Before hearing evidence, whenever the Magistrate suspects the accused might be guilty.
• (C) Only when the accused confesses during trial.
• (D) Only after conviction by a higher court.

47.Is the Chief Judicial Magistrate required to examine the parties and recall witnesses when proceedings are submitted under Section 364(3)?

• (A) Yes, he is obliged to examine the parties and recall witnesses in every case.
• (B) No, he may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence and may call for further evidence.
• (C) No, he has no power to examine or recall witnesses once the subordinate Magistrate's proceedings are submitted.
• (D) Yes, but only if the accused expressly requests such examination.

48.Section 365 does NOT apply to which of the following categories of cases?

• (A) Trials where the succeeding Judge re-summons witnesses under the proviso
• (B) Cases where evidence was recorded partly by the predecessor and partly by the successor
• (C) Summary trials or cases in which proceedings have been stayed under section 361 or submitted under section 364
• (D) Cases transferred under this Sanhita from one Judge to another

49.Which of the following statements about re‑summoning witnesses under Section 365 is correct?

• (A) The succeeding Judge may re‑summon witnesses only with the predecessor's written permission
• (B) The succeeding Judge may re‑summon witnesses but is not permitted to allow cross‑examination
• (C) If the succeeding Judge considers further examination necessary in the interests of justice, he may re‑summon any witness whose evidence was recorded and, after such further examination, cross‑examination and re‑examination as he may permit, the witness shall be discharged
• (D) A re‑summoned witness may be kept to give further evidence indefinitely until the trial concludes

50.Under Section 366(1), who is empowered to order that the public generally, or any particular person, shall not have access to the room or building used by the Court?

• (A) Only the State Government by notification.
• (B) The presiding Judge or Magistrate may, if he thinks fit, order exclusion of the public.
• (C) Any party to the case may request and thereby exclude the public.
• (D) The court's registrar by administrative order.