Practice paper — BNSS Chapter XXXI — Appeals

1.Who is expressly given the right to prefer an appeal under the proviso to Section 413?

• (A) The victim
• (B) The accused
• (C) The public prosecutor
• (D) The trial court

2.If a court convicts the accused for a more serious offence than alleged, does the proviso give the victim a right to appeal that conviction?

• (A) Yes, the victim can always appeal any conviction
• (B) Yes, but only if compensation is inadequate
• (C) No, the proviso only permits appeals when the accused is acquitted, convicted for a lesser offence, or inadequate compensation is imposed
• (D) Only if the accused also files an appeal

3.How does the proviso relate to the opening phrase "No appeal shall lie from any judgment or order of" in Section 413?

• (A) It abolishes all appeals in criminal matters
• (B) It permits victims to appeal only in cases where the accused appeals
• (C) It creates a specific exception allowing victims to appeal in the specified circumstances
• (D) It restricts appeals to the Supreme Court only

4.To which court does Section 414 permit an appeal against orders mentioned in that section?

• (A) High Court
• (B) Court of Session
• (C) Magistrate's Court
• (D) Supreme Court

5.Which of the following correctly captures the effect of the proviso to Section 414?

• (A) A person ordered under section 136 can always appeal under Section 414 to the Court of Session.
• (B) Even if ordered under section 136, a person cannot appeal under Section 414 if proceedings against them are laid before a Sessions Judge under section 141(2) or (4).
• (C) Section 414 allows any third party to appeal against an order under section 136.
• (D) Appeals under Section 414 lie only to the High Court and not to the Court of Session.

6.Under Section 415(3)(a) of the Sanhita, a person convicted on a trial held by a Magistrate of the first class may appeal to which court?

• (A) High Court
• (B) Court of Session
• (C) Supreme Court
• (D) Sessions Judge

7.A person is convicted by a Magistrate of the first class, but at the same trial a co‑accused was sentenced to 10 years' imprisonment. Where does the convicted person appeal under Section 415?

• (A) Court of Session
• (B) Supreme Court
• (C) Trial Court
• (D) High Court

8.What is the primary effect of Section 416 when an accused person has pleaded guilty and has been convicted on such plea?

• (A) There shall be no appeal in certain cases where the accused pleaded guilty.
• (B) The accused is entitled to an automatic retrial.
• (C) The accused is entitled to an appeal as of right in all courts.
• (D) The conviction is set aside and a lesser sentence is imposed.

9.If the High Court convicts an accused on a plea of guilty, can the accused appeal as to the extent or legality of the sentence under Section 416?

• (A) Yes, but only with leave of the High Court
• (B) Yes, appeals as to extent or legality are permitted from High Court convictions
• (C) Yes, an appeal to the Supreme Court is automatically available
• (D) No, where conviction is by a High Court there shall be no appeal

10.What is the primary effect of Section 417 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

• (A) It bars appeals by a convicted person in certain petty cases as specified in the section.
• (B) It grants an automatic right of appeal to the High Court in petty offences.
• (C) It abolishes trial for petty offences and replaces them with summary fines.
• (D) It allows only civil appeals but bars criminal appeals in all cases.

11.A High Court passes a sentence of imprisonment for 4 months and a fine of Rs. 900. Is an appeal by the convicted person barred under Section 417?

• (A) No — appeal is barred because the fine is within the limit.
• (B) Yes — appeal is available because the term of imprisonment exceeds the three-month limit in clause (a).
• (C) No — combined sentence of imprisonment and fine is always non-appealable if one component is within limit.
• (D) Yes — appeal is barred only if both imprisonment and fine exceed the specified limits.

12.Who may direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy for a conviction by any Court other than a High Court?

• (A) The State Government
• (B) The Central Government
• (C) The accused/convict
• (D) The presiding Judge of the trial Court

13.Under which circumstance may the Central Government also direct the Public Prosecutor to present an appeal against a sentence on the ground of inadequacy?

• (A) When the conviction is in any case tried by a High Court
• (B) When the offence is investigated by a State police agency
• (C) When the offence has been investigated by an agency empowered under any Central Act other than this Sanhita
• (D) When the accused has appealed against conviction

14.The provision requires disposal of an appeal within six months when the sentence was passed under certain sections of the Bharatiya Nyaya Sanhita. Which statement is correct regarding Section 69?

• (A) Section 69 is specifically included and therefore the six‑month disposal period applies to appeals under section 69
• (B) No; the six‑month disposal period is prescribed only for appeals against sentences under sections 64, 65, 66, 67, 68, 70 and 71, and section 69 is not listed
• (C) The six‑month period applies to all sections in chapter containing sections 64–71 irrespective of specific listing
• (D) The six‑month period applies only where the appellate court is a Court of Session

15.What is required before the High Court will entertain an appeal under sub-section (1) or sub-section (2) of Section 419?

• (A) No leave is required
• (B) Leave of the District Magistrate
• (C) Leave of the State Government
• (D) Leave of the High Court

16.If the High Court refuses an application under Section 419(4) for special leave to appeal by the complainant, can an appeal from that order of acquittal still be brought under sub-section (1) or (2)?

• (A) Yes — the District Magistrate may still direct an appeal
• (B) Yes — the State Government may still direct an appeal
• (C) No — if the application under sub-section (4) is refused, no appeal shall lie under sub-sections (1) or (2)
• (D) Only with leave of the Supreme Court

17.According to Section 420, what is the minimum term of imprisonment (in years) mentioned that permits an appeal to the Supreme Court?

• (A) 5 years
• (B) 7 years
• (C) 10 years
• (D) 15 years

18.If the High Court, on appeal, affirmed the trial court's conviction and sentenced the accused to 12 years' imprisonment, is an appeal to the Supreme Court available under Section 420?

• (A) Yes — because the sentence is twelve years, exceeding ten years
• (B) Yes — only if the High Court increased the sentence on appeal
• (C) Only if the trial court had originally acquitted the accused
• (D) No — Section 420 applies only where the High Court has, on appeal, reversed an order of acquittal

19.Which of the following is a necessary condition for Section 421 to operate?

• (A) Convictions in different trials.
• (B) More than one person being convicted in the same trial.
• (C) Only non-appealable orders being present.
• (D) Acquittal of at least one accused.

20.Does Section 421 require the decision in respect of one convict to be a 'judgment' specifically, or would an 'appealable order' suffice to give other convicted persons the right to appeal?

• (A) It requires a judgment only; orders do not qualify.
• (B) Neither judgments nor orders suffice; only sentences matter.
• (C) It requires both a judgment and an order to be appealable.
• (D) An appealable order also suffices.

21.Under Section 422(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, an appeal to the Court of Session shall be heard by which of the following?

• (A) Only the Sessions Judge
• (B) Only an Additional Sessions Judge
• (C) The Sessions Judge or an Additional Sessions Judge
• (D) The Chief Judicial Magistrate in all cases

22.May an Additional Sessions Judge hear any appeal to the Court of Session under Section 422?

• (A) Yes — an Additional Sessions Judge may hear any appeal to the Court of Session
• (B) No — only appeals authorised by the Chief Judicial Magistrate may be heard by an Additional Sessions Judge
• (C) Yes — but only appeals against convictions
• (D) No — an Additional Sessions Judge may hear only those appeals which the Sessions Judge makes over or which the High Court directs by special order

23.Who is expressly authorised by Section 423 to present the petition of appeal?

• (A) Any person on behalf of the appellant
• (B) The appellant only
• (C) The appellant or his advocate
• (D) A court-appointed representative

24.Can a court permit an oral appeal in place of the written petition required by Section 423?

• (A) Yes, the Court may allow appeals to be oral instead of written
• (B) Yes, but only when the appellant is an advocate
• (C) Yes, if the Court otherwise directs regarding accompaniment
• (D) No, every appeal shall be made in the form of a petition in writing presented by the appellant or his advocate

25.Who is permitted by Section 424 to present a petition of appeal to the officer in charge of a jail?

• (A) The appellant held in jail
• (B) The jail officer
• (C) A legal aid lawyer
• (D) Any relative of the appellant

26.Does Section 424 require the officer in charge to forward the copies accompanying the petition as well as the petition itself?

• (A) No, only the petition must be forwarded
• (B) Only copies are forwarded, not the petition
• (C) The officer may choose whether to forward copies
• (D) Yes, both petition and copies must be forwarded

27.Under Section 425 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what power does the Appellate Court have after examining the petition of appeal and the copy of the judgment when it considers there is no sufficient ground for interfering?

• (A) It may dismiss the appeal summarily.
• (B) It must transfer the appeal to a higher court.
• (C) It must remand the matter for retrial.
• (D) It must award costs to the respondent.

28.An appeal presented under section 423 is being considered for summary dismissal under Section 425. Under what condition may it be dismissed?

• (A) It may be dismissed without giving any hearing to the appellant.
• (B) It shall not be dismissed unless the appellant or his advocate has had a reasonable opportunity of being heard in support of it.
• (C) It may be dismissed only after the appeal period has expired.
• (D) It may be dismissed only if the appeal is frivolous.

29.Can an Appellate Court summarily dismiss an appeal presented under section 424 before the period allowed for preferring such appeal has expired, even if the Court considers the appeal frivolous?

• (A) Yes — if the Court considers the appeal frivolous.
• (B) Yes — if producing the accused would be disproportionately inconvenient.
• (C) No — Section 425(1)(c) bars summary dismissal of an appeal under section 424 until the period allowed for preferring such appeal has expired.
• (D) Only if the Court first calls for the record of the case.

30.If an appeal is solely as to the extent or the legality of the sentence, Section 426(2) permits the Appellate Court to:

• (A) Always send for the record and hear the parties
• (B) Dismiss the appeal summarily
• (C) Dispose of the appeal without sending for the record
• (D) Require fresh evidence to be produced in the trial court

31.Section 426(1) requires the Appellate Court to furnish a copy of the grounds of appeal to which of the following persons?

• (A) The appellant or his advocate
• (B) The officer appointed by the State Government, the complainant and the accused
• (C) Only the complainant
• (D) The trial judge

32.Which of the following is true about the Appellate Court's power in an appeal from a conviction under section 427(b)?

• (A) It may alter the nature or extent of the sentence so as to enhance it.
• (B) It may only maintain the same sentence and cannot change the finding.
• (C) It may, with or without altering the finding, alter the nature or extent of the sentence, but not so as to enhance it.
• (D) It may always enhance the sentence if it believes the original sentence was inadequate.

33.Before the Appellate Court enhances a sentence on appeal (see section 427(c)(iii) and provisos), what procedural requirement must be satisfied?

• (A) The Appellate Court must obtain leave from the trial court.
• (B) The Public Prosecutor must move an application for enhancement.
• (C) The accused must be acquitted first and then re-sentenced.
• (D) The accused must be given an opportunity of showing cause against such enhancement.

34.Under Section 428, what is the default position regarding whether the accused must be brought up or attend to hear the judgment in appeal?

• (A) The accused must be present to hear the judgment.
• (B) Attendance is optional and left to the accused's choice.
• (C) The accused shall not be brought up, or required to attend, unless the Appellate Court otherwise directs.
• (D) The accused must be brought up whenever an appeal is heard.

35.Can the Appellate Court require the accused to be brought up or to attend to hear the judgment under Section 428?

• (A) No — the accused shall never be brought up to hear appellate judgment.
• (B) Only if the trial court gives permission for the accused to be brought up.
• (C) Only with the accused's consent to attend the appellate hearing.
• (D) Yes — the Appellate Court may direct that the accused be brought up or required to attend.

36.Under Section 429, to which court does the High Court certify its judgment or order when deciding an appeal?

• (A) The court by which the finding, sentence or order appealed against was recorded or passed.
• (B) The Chief Judicial Magistrate in all cases.
• (C) The District Magistrate in all cases.
• (D) The High Court Registrar.

37.After the High Court certifies its judgment or order to the lower court, what must that court do according to Section 429(2)?

• (A) Hold a fresh hearing before giving effect to the High Court's judgment.
• (B) Forward the matter back to the High Court for implementation.
• (C) Issue its own independent order even if inconsistent with the High Court.
• (D) Make such orders as are conformable to the High Court's judgment or order and amend the record if necessary.

38.Under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, what power may the Appellate Court exercise pending any appeal by a convicted person?

• (A) Modify the sentence or impose a different punishment pending appeal.
• (B) Order suspension of the execution of the sentence and, if in confinement, release the appellant on bail or on his own bond or bail bond.
• (C) Order a retrial of the case before the trial court.
• (D) Award compensation to the convicted person pending the appeal.

39.A person who is already on bail is convicted and sentenced to two years' imprisonment. He informs the trial court that he intends to appeal. Under Section 430(3), what should the trial court normally do?

• (A) Refuse release and ensure the sentence is served before any appeal.
• (B) Release him only if the Appellate Court first suspends the sentence.
• (C) Order that the convicted person be released on bail (thus suspending the sentence) unless there are special reasons for refusing bail.
• (D) Grant an automatic acquittal pending appeal.

40.For a convicted person of an offence punishable with death, life imprisonment, or imprisonment for ten years or more, does Section 430(1)'s proviso require the Appellate Court to give the Public Prosecutor an opportunity to show cause before releasing the person on ordinary bail?

• (A) Yes — the proviso requires consulting the Public Prosecutor before any form of bail for such offences.
• (B) No — the proviso does not require any opportunity to the Public Prosecutor in such cases.
• (C) Only if the release is on surety bail does the court need to give the Public Prosecutor an opportunity.
• (D) No — the proviso specifically requires giving opportunity to the Public Prosecutor before releasing on the convicted person's own bond or a bail bond, not expressly before ordinary bail; additionally the Public Prosecutor may file for cancellation where bail is granted.

41.Can the High Court direct that the accused be brought before a subordinate Court under this provision?

• (A) No, the accused must always be brought before the High Court itself
• (B) Yes, but only if the subordinate Court is of equal rank
• (C) Yes, the High Court may direct that the accused be brought before it or any subordinate Court
• (D) Only with the consent of the subordinate Court

42.If the High Court's warrant results in the accused being brought before a subordinate Court, which court may commit him to prison pending disposal of the appeal?

• (A) The Court before which he is brought
• (B) Only the High Court regardless of where he is produced
• (C) Any court in the same State
• (D) The investigating police officer

43.If additional evidence is taken by a Court of Session or a Magistrate under Section 432, what must that court do next?

• (A) Proceed to dispose of the appeal itself
• (B) Certify such evidence to the Appellate Court
• (C) Send the evidence back to the trial court for recording
• (D) Hold the evidence and wait for further directions from the accused

44.The taking of evidence under Section 432 is subject to the provisions of Chapter XXV as if it were which of the following?

• (A) A trial
• (B) An appeal
• (C) An inquiry
• (D) A revision

45.Once the appeal is laid before the additional Judge under this section and he hears the matter, what does Section 433 say the Judge shall do?

• (A) He must sit with the original Bench and give a joint judgment.
• (B) He shall deliver his opinion, and the judgment or order shall follow that opinion.
• (C) He can only give an advisory opinion which the original Bench may accept or reject.
• (D) He must refer the appeal to the Chief Justice for direction.

46.If the additional Judge delivers his opinion under Section 433, what is the effect of that opinion unless re-hearing is required under the proviso?

• (A) The opinion is advisory only and does not affect the judgment.
• (B) The additional Judge must form a new Bench before any judgment can follow.
• (C) The original split decision of the Bench remains the operative order.
• (D) The judgment or order shall follow the additional Judge's opinion unless re-hearing by a larger Bench is required.

47.What does Section 434 of the Bharatiya Nagarik Suraksha Sanhita, 2023 state about the finality of judgments and orders passed by an Appellate Court upon an appeal?

• (A) They shall be final, except in the cases provided for in section 418, section 419, sub-section (4) of section 425 or Chapter XXXII.
• (B) They are always subject to review by the same Appellate Court.
• (C) They are final only in civil matters and not in criminal matters.
• (D) They are final unless the trial court orders otherwise.

48.Section 434 declares appellate judgments final except in specified cases. Which of the following is NOT listed as an exception in section 434?

• (A) Section 418
• (B) Section 419
• (C) Sub-section (4) of section 425
• (D) Section 420

49.Under Section 435(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, what happens to every appeal under section 418 or section 419 on the death of the accused?

• (A) It shall finally abate on the death of the accused.
• (B) It may be continued by the accused's near relative.
• (C) It shall abate only if the sentence was a fine.
• (D) It will be suspended pending proceedings against the accused's estate.

50.An appellant dies while an appeal against his conviction and sentence of imprisonment is pending. Under Section 435, what remedy is available?

• (A) The appeal finally abates immediately on the death of the appellant.
• (B) Any near relative may, within thirty days of the death, apply to the Appellate Court for leave to continue the appeal; if leave is granted, the appeal shall not abate.
• (C) The appeal automatically continues in the name of the State.
• (D) Only appeals against sentences of fine may be continued.