Practice paper — BNSS Chapter XXVIII — Provisions As To Offences Affecting The Administration Of Justice
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1.Under Section 379, after such preliminary inquiry as it thinks necessary, which of the following actions may a Court take when it is of opinion that an inquiry should be made into an offence referred to in clause (b) of sub-section (1) of section 215?
- (A) Record a finding to that effect only
- (B) Make a complaint in writing only
- (C) Send the matter to a Magistrate only
- (D) Any of the above actions (record finding, make complaint, or send to a Magistrate) as appropriate
2.Who shall sign a complaint made under Section 379 when the Court making the complaint is a High Court?
- (A) The Chief Justice of the High Court
- (B) Such officer of the Court as the High Court may appoint
- (C) The presiding officer of the subordinate Court
- (D) Any Magistrate with jurisdiction
3.If a Court has neither made a complaint under Section 379 nor rejected an application for making such complaint, who may exercise the powers conferred by sub-section (1) in respect of that offence?
- (A) The same Court alone
- (B) A Magistrate of the first class having jurisdiction
- (C) The Court to which such former Court is subordinate (as per sub-section (4) of section 215)
- (D) Only the High Court
4.Under Section 379, when may the Court send the accused in custody to a Magistrate of the first class?
- (A) Whenever the Court believes it will aid the investigation
- (B) If the alleged offence is non-bailable and the Court thinks it necessary to do so
- (C) Only when the accused has been previously convicted
- (D) Only upon the request of the complainant
5.Who may appeal under Section 380 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
- (A) A person whose application to a Court (other than a High Court) was refused under section 379(1) or (2), or a person against whom such a complaint has been made by that Court
- (B) Only the person who filed the original application to the lower Court
- (C) Only the accused in a criminal trial before the High Court
- (D) Only the Public Prosecutor representing the State
6.To which Court is the appeal under Section 380 to be made?
- (A) Directly to the High Court in all cases
- (B) To the Court to which the former Court is subordinate within the meaning of section 215(4)
- (C) To the Supreme Court of India
- (D) Back to the same Court that refused to make the complaint
7.If the superior Court, on appeal under Section 380, makes the complaint which the former Court might have made under section 379, what is the legal effect stated in Section 380?
- (A) No further legal effect is specified in Section 380
- (B) Only parts of section 379 apply as the superior Court may choose
- (C) Yes — if the superior Court makes such complaint, the provisions of section 379 shall apply accordingly
- (D) The complaint must be remitted to the original lower Court for application of section 379
8.Which statement best captures the finality language in Section 380(2)?
- (A) An order under Section 380 is final and not subject to revision, and an order under Section 379 is final except where an order under Section 380 operates to the contrary
- (B) Both orders under Sections 379 and 380 are always subject to revision
- (C) Only orders under Section 379 are final; orders under Section 380 are not final
- (D) Neither order under Section 379 nor Section 380 is final until the High Court confirms
9.Which court has the power to order costs under Section 381 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
- (A) Any Court dealing with an application made to it for filing a complaint under section 379 or an appeal under section 380
- (B) Only the High Court
- (C) Only the trial court where the underlying offence is triable
- (D) Only the Supreme Court
10.Section 381 specifically confers power to order costs when dealing with which types of applications?
- (A) An application for filing a complaint under section 379 or an appeal under section 380
- (B) All criminal proceedings generally
- (C) Civil suits under the Code of Civil Procedure
- (D) Bail applications under any provision
11.Under Section 381, can a different court (not the one 'dealing with the application') exercise the power to order costs in respect of that application?
- (A) Yes — any court may order costs in respect of the application at any time
- (B) No — Section 381 grants that power to the court dealing with the application to it
- (C) Yes — but only an appellate court can do so
- (D) Yes — but only if the parties seek transfer of the matter
12.If an application under section 379 (to file a complaint) is dismissed, may the court still award costs under Section 381?
- (A) No — costs can be awarded only when the complaint is allowed and filed
- (B) Yes — while dealing with the application the court has power to make such order as to costs as may be just
- (C) Only if the applicant withdraws the application with permission
- (D) Only after an appeal is preferred
13.Under Section 382(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, how is a Magistrate required to treat a complaint made under section 379 or 380?
- (A) Proceed, as far as may be, to deal with the case as if it were instituted on a police report
- (B) Refer the complaint to the police for investigation before taking any steps
- (C) Treat the complaint as a civil matter and transfer it to a civil court
- (D) Dismiss the complaint if there is no police report
14.What is the effect of the words "notwithstanding anything contained in Chapter XVI" in Section 382(1)?
- (A) Chapter XVI overrides Section 382(1) and must be followed
- (B) Section 382(1) applies despite any provision in Chapter XVI
- (C) Chapter XVI applies only if a police report is filed
- (D) The Magistrate must seek permission under Chapter XVI before proceeding
15.Under Section 382(2), when may a Magistrate adjourn the hearing because an appeal is pending?
- (A) Only at the very start of the proceeding
- (B) Only after all evidence is recorded
- (C) Only during the sentencing stage
- (D) At any stage, if he thinks fit, until such appeal is decided
16.Is the Magistrate required to adjourn the hearing when informed that an appeal is pending in the related judicial proceeding under Section 382(2)?
- (A) Yes — the Magistrate must adjourn the hearing whenever an appeal is pending
- (B) No — the Magistrate may adjourn if he thinks fit, but it is discretionary
- (C) Yes — but only if the appeal is from the same Magistrate's decision
- (D) No — the Magistrate is prohibited from adjourning on account of an appeal
17.Which Court may take cognizance under Section 383(1) for summary trial of a witness for giving or fabricating false evidence?
- (A) High Court
- (B) Court of Session or Magistrate of the first class
- (C) Magistrate of the second class
- (D) Any Civil Court
18.At what point in the judicial proceeding may the Court express the opinion required by Section 383(1) to initiate summary proceedings for false evidence?
- (A) At any stage during examination‑in‑chief or cross‑examination
- (B) Only after conviction of the accused in the main proceeding
- (C) At the time of delivery of any judgment or final order disposing of any judicial proceeding
- (D) When the witness first appears in Court
19.Does Section 383 affect the Court's power to make a complaint under Section 379 if it chooses not to proceed under Section 383?
- (A) Yes — Section 383 ousts the power under Section 379 in all cases
- (B) Yes — Section 383 allows complaint under Section 379 only after summary trial
- (C) No — Section 383 allows a complaint under Section 379 only if summary trial fails
- (D) No — Section 383 does not affect the power to make a complaint under Section 379 where the Court does not choose to proceed under Section 383
20.If proceedings under Section 383(1) have been initiated and it is made to appear that an appeal or revision has been preferred against the judgment in which the opinion was expressed, what must the Court do under Section 383(4)?
- (A) Proceed with the summary trial and later adjust sentence according to the appeal
- (B) Stay further proceedings of the trial until disposal of the appeal or revision, and thereafter let further proceedings abide by the result
- (C) Convert the summary trial into a complaint under Section 379 automatically
- (D) Dismiss the summary trial as barred by the appeal
21.What is the maximum fine and the default imprisonment term that Section 384 authorises for such contempt offences?
- (A) Fine up to Rs. 500 and imprisonment up to 15 days
- (B) Fine not exceeding Rs. 2,000 and imprisonment up to 3 months
- (C) Fine up to Rs. 1,000 and imprisonment up to 3 months
- (D) Fine not exceeding Rs. 1,000 and, in default of payment, simple imprisonment which may extend to one month
22.According to Section 384, when may the Court take cognizance of the offence committed in its view or presence?
- (A) Within 24 hours of the offence
- (B) At any time before the rising of the Court on the same day
- (C) Within seven days of the offence
- (D) Only after a written complaint is filed
23.Which of the following must the Court record in every such case under Section 384(2)?
- (A) Only the facts constituting the offence and the sentence
- (B) Only the offender's statement and the finding
- (C) The fact constituting the offence, any statement by the offender, and the finding and sentence
- (D) Only the nature and stage of the judicial proceeding interrupted
24.If the offence falls under section 267 of the Bharatiya Nyaya Sanhita, what additional particulars does Section 384(3) require the record to show?
- (A) The name of the presiding judge and the duration of the hearing
- (B) The nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult
- (C) The offender's plea and the witnesses present
- (D) The penalty imposed and the time allowed for payment
25.Which offences does Section 385 specifically refer to when empowering a Court to forward a case to a Magistrate?
- (A) All offences triable by any criminal court.
- (B) Only offences punishable with imprisonment for life.
- (C) Offences referred to in section 384.
- (D) Only offences punishable by death.
26.If the Court believes a fine exceeding two hundred rupees should be imposed under Section 385, what is the procedural step it may take?
- (A) Impose the fine itself without further procedure.
- (B) After recording the facts and the accused's statement, forward the case to a Magistrate having jurisdiction and may require security for appearance.
- (C) Discharge the accused and refer the matter to the police for a report.
- (D) Summarily convict the accused and remit the matter to the High Court for confirmation.
27.Under Section 385, if the Court requires security for the accused's appearance and sufficient security is not given, what must the Court do?
- (A) Release the accused on personal bond and forward the file to the Magistrate.
- (B) Impose a fine of two hundred rupees and discharge the accused.
- (C) Hold the accused for trial itself without forwarding the case.
- (D) Forward the person in custody to the Magistrate having jurisdiction to try the case.
28.Which officers does Section 386 deem capable of being treated as a Civil Court when the State Government so directs?
- (A) Any State Government officer
- (B) Any Registrar or any Sub-Registrar appointed under the Registration Act, 1908
- (C) A Judicial Magistrate
- (D) Any officer appointed under the Transfer of Property Act
29.Under Section 386, whose direction is required for a Registrar or Sub-Registrar to be deemed a Civil Court?
- (A) Central Government
- (B) State Government
- (C) High Court
- (D) District Collector
30.If a Registrar is appointed under the Registration Act, 1908, does Section 386 make them a Civil Court automatically upon appointment?
- (A) Yes — appointment alone is sufficient
- (B) No — only when the State Government so directs
- (C) Yes — but only for registration matters
- (D) No — only if the Central Government also directs
31.Which statement best captures the legal effect created by Section 386?
- (A) They become Civil Courts for all civil and criminal purposes upon appointment.
- (B) They shall be deemed to be a Civil Court only within the meaning of sections 384 and 385 when the State Government so directs.
- (C) They are made criminal courts for offences related to registration.
- (D) They become tribunals for adjudicating contractual disputes.
32.Under Section 387 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what power does the Court have regarding an offender adjudged under section 384 or forwarded under section 385?
- (A) Discharge the offender or remit the punishment on his submission or apology
- (B) Impose additional punishment in place of the original sentence
- (C) Transfer the offender to another court for fresh trial
- (D) Commute the punishment only with executive approval
33.Which kinds of conduct are covered by Section 387 as triggering the Court’s power to discharge or remit punishment?
- (A) Only offences involving damage to public property
- (B) Only contempt of court offences
- (C) Refusing or omitting to do something lawfully required, or any intentional insult or interruption
- (D) Only non-cognizable traffic violations
34.If a Court has forwarded an offender to a Magistrate for trial under section 385, can that Court still discharge the offender or remit the punishment under Section 387?
- (A) No, once forwarded to a Magistrate the Court loses power to discharge
- (B) Yes, the Court may still discharge the offender or remit the punishment even if it had forwarded him under section 385
- (C) Only if the Magistrate later agrees to the discharge
- (D) Only after the Magistrate declines to try the case
35.Is the Court required to discharge the offender if an apology is made under Section 387?
- (A) Yes — an apology automatically requires discharge by the Court
- (B) No — the Court has discretion and may discharge or remit punishment, and the apology must be to its satisfaction
- (C) Yes — but only if the apology is made in open court
- (D) No — discharge is mandatory only when the offender submits to the Court's order, not for apology
36.Under Section 388, which of the following punishments may the Criminal Court impose on a witness who refuses to answer or produce a document after a reasonable opportunity and no reasonable excuse?
- (A) Sentence him to simple imprisonment
- (B) Impose a monetary fine
- (C) Order corporal punishment
- (D) Place him on community service
37.What is the maximum duration for which the Court may commit a person to the custody of an officer of the Court under Section 388?
- (A) Three days
- (B) Seven days
- (C) Fourteen days
- (D) Thirty days
38.According to Section 388, what is the effect if, before the Court sentences or commits the person, he consents to be examined or to produce the document?
- (A) The Court must still impose the sentence
- (B) The Court may impose a reduced sentence
- (C) The Court must issue a warrant for immediate custody despite consent
- (D) The Court does not proceed with sentencing or committal under this provision if the person consents in the meantime
39.If a person persists in refusing to answer or produce the document despite the Court's actions under Section 388, how does the provision say the Court may further deal with him?
- (A) He may be dealt with according to the provisions of section 384 or section 385
- (B) He must be released immediately without further action
- (C) He must be tried for a separate offence under section 390
- (D) He must be transferred to a civil court for contempt proceedings
40.Under Section 389 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what is the maximum monetary punishment a Criminal Court may impose on a witness who is punished under this section?
- (A) Fine not exceeding five hundred rupees
- (B) Fine not exceeding one thousand rupees
- (C) Imprisonment for up to one month
- (D) Fine without any specified limit
41.A witness summoned and legally bound to attend departs from the place of attendance before the time at which it is lawful for him to depart. Under Section 389(1), when may the Court take cognizance and proceed to punish summarily?
- (A) Only if the witness was unrepresented by counsel
- (B) If the Court is satisfied that it is expedient in the interests of justice that the witness should be tried summarily
- (C) Automatically on proof of departure, without further consideration
- (D) Only after referring the matter to the police for investigation
42.If a summoned witness fails to attend but has a 'just excuse' for non-attendance, can the Court punish the witness under Section 389?
- (A) Yes, but only after following summary trial procedure exactly
- (B) Yes, the Court may punish regardless of excuse
- (C) Yes, but only after the Court records reasons rejecting the excuse
- (D) No, punishment under this section applies where the witness neglects or refuses to attend 'without just excuse'
43.What does Section 389(2) require the Court to do regarding the procedure in such summary punishments?
- (A) Follow the procedure prescribed for summary trials exactly and without deviation
- (B) Adopt the ordinary trial procedure used for indictable offences
- (C) Follow, as nearly as may be practicable, the procedure prescribed for summary trials, allowing practical deviations
- (D) Create a new special procedure distinct from both summary and ordinary trials
44.Under Section 390(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, who may appeal against a sentence under sections 383, 384, 388 or 389?
- (A) A person sentenced by a High Court under those sections
- (B) Any person sentenced by any Court other than a High Court under those sections
- (C) Only a person sentenced by a Court of Session under those sections
- (D) Only a person sentenced by a Court of Small Causes under those sections
45.To which court does an appeal lie from a conviction by a Court of Small Causes under Section 390(3)?
- (A) High Court
- (B) The court to which decrees or orders of the Small Causes Court are ordinarily appealable
- (C) The Court of Session for the sessions division within which such Court is situate
- (D) A special appellate tribunal constituted for Small Causes
46.Under Section 390(4), an appeal from a conviction by a Registrar or Sub-Registrar deemed to be a Civil Court lies to which court?
- (A) High Court
- (B) The court to which decrees or orders of that Registrar/Sub-Registrar are ordinarily appealable
- (C) Court of Small Causes
- (D) The Court of Session for the sessions division within which the office of such Registrar or Sub-Registrar is situate
47.Which of the following is NOT a power of the Appellate Court under Section 390(2)?
- (A) To alter or reverse the finding
- (B) To reduce the sentence appealed against
- (C) To reverse the sentence appealed against
- (D) To increase the sentence appealed against
48.According to Section 391, the prohibition on trying a person for an offence referred to in section 215 applies in which of the following situations?
- (A) Only when the offence is committed before the Judge or Magistrate
- (B) Only when the offence is in contempt of the Judge or Magistrate's authority
- (C) When the offence is committed before himself, or is in contempt of his authority, or is brought under his notice in the course of a judicial proceeding
- (D) Never; the provision contains no prohibition
49.Section 391 begins with 'Except as provided in sections 383, 384, 388 and 389...'. What is the legal significance of that opening phrase?
- (A) The prohibition does not apply if any of sections 383, 384, 388 or 389 provide otherwise
- (B) The prohibition is absolute and has no exceptions
- (C) Those sections extend the prohibition to High Court judges
- (D) Those sections repeal Section 391 entirely
50.Which of the following correctly states how Section 391 treats Judges of High Courts?
- (A) Section 391 expressly requires Judges of High Courts to follow the prohibition
- (B) Section 391 applies only to Judges of High Courts and not to Magistrates
- (C) Section 391 applies equally to High Court judges and lower court judges
- (D) Section 391 does not apply to a Judge of a High Court (they are excluded from the prohibition)
Answer key
Explanations
- 1. (D) Sub-section (1) authorises a Court, after any preliminary inquiry, to record a finding, make a complaint, send it to a Magistrate, take security or send the accused in custody, and bind over witnesses. Thus the Court may take any of the listed actions as appropriate.
- 2. (B) Sub-section (3)(a) provides that where the Court making the complaint is a High Court, the complaint shall be signed by such officer of the Court as the Court may appoint.
- 3. (C) Sub-section (2) expressly permits the power conferred by sub-section (1) to be exercised by the Court to which the former Court is subordinate (within the meaning of sub-section (4) of section 215) where the former Court has neither made the complaint nor rejected the application.
- 4. (B) Sub-section (1)(d) specifies that the Court may take security for appearance or, if the alleged offence is non-bailable and the Court thinks it necessary, send the accused in custody to the Magistrate. The custody option is tied to non-bailable offences and the Court's view of necessity.
- 5. (A) Section 380(1) expressly permits any person on whose application a Court other than a High Court has refused to make a complaint under s.379(1) or (2), or against whom such a complaint has been made by such Court, to appeal. The provision therefore covers both situations stated in the correct option.
- 6. (B) Section 380(1) states the appeal lies to “the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 215.” The provision does not direct appeals to the Supreme Court or back to the same lower Court.
- 7. (C) Section 380(1) provides that if the superior Court makes the complaint, “the provisions of that section [section 379] shall apply accordingly.” Thus the full procedural effect of s.379 follows when the superior Court makes the complaint.
- 8. (A) Section 380(2) specifies that an order under section 380 shall be final and not subject to revision, and, subject to any such order, an order under section 379 shall also be final. This means s.379 orders are final unless affected by an order under s.380.
- 9. (A) Section 381 states that 'Any Court dealing with an application made to it for filing a complaint under section 379 or an appeal under section 380, shall have power to make such order as to costs as may be just.' Thus the power is vested in any court that is dealing with such an application.
- 10. (A) The provision expressly refers to 'an application made to it for filing a complaint under section 379 or an appeal under section 380,' so Section 381 applies to those specified applications only.
- 11. (B) Section 381 specifies 'Any Court dealing with an application made to it ... shall have power to make such order as to costs.' It therefore vests the power in the court that is dealing with that application, not in other courts under this provision.
- 12. (B) Section 381 grants the court, while 'dealing with an application made to it for filing a complaint under section 379,' the power 'to make such order as to costs as may be just.' The provision does not limit the power to allowed applications, so the court may order costs even when an application is dismissed.
- 13. (A) Section 382(1) states that a Magistrate to whom a complaint under section 379 or 380 is made shall, notwithstanding Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report. The provision requires treating such complaints like cases instituted on police reports.
- 14. (B) The phrase "notwithstanding anything contained in Chapter XVI" means the Magistrate shall proceed as directed by Section 382(1) even if Chapter XVI contains provisions to the contrary. Thus Section 382(1) applies despite Chapter XVI.
- 15. (D) Section 382(2) provides that the Magistrate "may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided." This makes adjournment available at any stage, subject to the Magistrate's discretion.
- 16. (B) Section 382(2) uses the language "he may, if he thinks fit, at any stage, adjourn the hearing," which shows the power to adjourn is discretionary, not mandatory. The Magistrate is not required to adjourn but may do so if he thinks fit.
- 17. (B) Section 383(1) expressly provides that a Court of Session or Magistrate of the first class may, if satisfied, take cognizance and try the witness summarily. No other courts are mentioned in this sub‑section for that power.
- 18. (C) Section 383(1) conditions the Court's expression of opinion on the time 'at the time of delivery of any judgment or final order disposing of any judicial proceeding.' Thus the opinion must be formed at that specific time.
- 19. (D) Section 383(3) expressly states that nothing in this section shall affect the power of the Court to make a complaint under section 379 where it does not choose to proceed under this section. Therefore the power remains intact.
- 20. (B) Section 383(4) requires that where, after action is initiated under sub‑section (1), it appears that an appeal or revision has been filed, the Court shall stay further proceedings of the trial until disposal of the appeal or revision, and thereupon further proceedings shall abide by the results of that appeal or revision.
- 21. (D) Section 384(1) specifies a fine not exceeding one thousand rupees and, in default of payment of fine, simple imprisonment for a term which may extend to one month. The text gives these exact limits.
- 22. (B) Section 384(1) expressly states the Court may take cognizance of the offence at any time before the rising of the Court on the same day. No later time periods or requirements are provided in the text.
- 23. (C) Section 384(2) requires the Court to record the fact constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence. Thus all these elements must be recorded.
- 24. (B) Section 384(3) mandates that if the offence is under section 267, the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult. These are the specific additional particulars required.
- 25. (C) Section 385(1) expressly refers to "a person accused of any of the offences referred to in section 384," so the provision applies specifically to offences mentioned in section 384.
- 26. (B) Section 385(1) mandates that where the Court considers a fine exceeding two hundred rupees should be imposed, it may, after recording the facts constituting the offence and the accused's statement, forward the case to a Magistrate having jurisdiction and may require security for appearance.
- 27. (D) Section 385(1) states that the Court may require security for appearance, and if sufficient security is not given, it shall forward such person in custody to the Magistrate having jurisdiction to try the case.
- 28. (B) The provision expressly refers to "any Registrar or any Sub-Registrar appointed under the Registration Act, 1908" as those who shall be deemed to be a Civil Court when the State Government so directs. It does not mention magistrates or officers under other statutes.
- 29. (B) The text begins: "When the State Government so directs," indicating that it is the State Government whose direction is required. No other authority is mentioned in the provision.
- 30. (B) The provision conditions the deeming on the State Government's direction: "When the State Government so directs... shall be deemed to be a Civil Court." Thus appointment alone does not automatically have that effect without the State Government's direction.
- 31. (B) The provision states they "shall be deemed to be a Civil Court within the meaning of sections 384 and 385" when the State Government so directs, which confines the deeming to the scope of those sections rather than making them general civil courts for all purposes.
- 32. (A) The provision expressly states that the Court "may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or on apology being made to its satisfaction." This grants the Court the power to discharge or remit punishment under those conditions.
- 33. (C) The provision applies where the offender was adjudged or forwarded for "refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption." Thus those specific categories of conduct are covered.
- 34. (B) Section 387 explicitly covers situations where the Court "has under section 385 forwarded him to a Magistrate for trial" and then states the Court "may, in its discretion, discharge the offender or remit the punishment" on the stated conditions. Therefore the Court retains that power.
- 35. (B) The provision uses the words "may, in its discretion, discharge the offender or remit the punishment," showing the power is discretionary, not mandatory. It also requires the apology to be "made to its satisfaction," indicating the Court need not discharge merely because an apology is offered.
- 36. (A) The provision states that such Court may "sentence him to simple imprisonment, or by warrant ... commit him to the custody of an officer of the Court for any term not exceeding seven days." It does not mention fines, corporal punishment, or community service.
- 37. (B) Section 388 authorises committal "for any term not exceeding seven days." The text explicitly sets seven days as the maximum period.
- 38. (D) Section 388 provides that the Court may sentence or commit the person "unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing." Thus, if the person consents before sentencing/committal, the Court does not proceed under this provision.
- 39. (A) The provision expressly states that "in the event of his persisting in his refusal, he may be dealt with according to the provisions of section 384 or section 385." It does not mandate release, refer to section 390, or require transfer to a civil court.
- 40. (A) Subsection (1) states that after giving the offender an opportunity to show cause the Court may sentence him to a fine not exceeding five hundred rupees. The provision specifies a maximum fine of five hundred rupees and does not provide for imprisonment or an unlimited fine.
- 41. (B) The provision states that where a witness departs early, the Court may take cognizance and try him summarily if the Court is satisfied that it is expedient in the interests of justice to do so. It is therefore discretionary on that satisfaction, not automatic or contingent on counsel or police referral.
- 42. (D) Subsection (1) makes punishment available where the witness 'without just excuse neglects or refuses to attend.' If there is a just excuse, the statutory condition for punishment is not satisfied and the section does not apply. The text does not provide for punishment when a just excuse exists.
- 43. (C) Subsection (2) directs that in every such case the Court shall follow, 'as nearly as may be practicable,' the procedure prescribed for summary trials. This language requires following the summary-trial procedure insofar as practicable, permitting practical deviations where necessary.
- 44. (B) Section 390(1) states that any person sentenced by any Court other than a High Court under sections 383, 384, 388 or 389 may appeal. The provision expressly excludes sentences by a High Court from this clause.
- 45. (C) Section 390(3) states that an appeal from a conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situate. The provision makes the Court of Session the appellate forum for such convictions.
- 46. (D) Section 390(4) provides that an appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court shall lie to the Court of Session for the sessions division within which the office of such Registrar or Sub-Registrar is situate. The provision is location-specific to the office.
- 47. (D) Section 390(2) authorises the Appellate Court to alter or reverse the finding, or reduce or reverse the sentence appealed against. It does not confer power to increase the sentence in that clause.
- 48. (C) The provision specifies the bar applies 'when such offence is committed before himself or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in the course of a judicial proceeding.' All three situations trigger the prohibition.
- 49. (A) The opening phrase 'Except as provided in sections 383, 384, 388 and 389' means the bar in Section 391 is subject to exceptions contained in those sections; if those sections provide otherwise, the prohibition in Section 391 does not apply.
- 50. (D) The provision explicitly says 'no Judge of a Criminal Court (other than a Judge of a High Court) or Magistrate shall try...' thereby excluding Judges of High Courts from the stated prohibition.