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Practice paper — BNSS Chapter XXXIII — Transfer Of Criminal Cases
34 questions · answer key at the end · no time limit
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1.Who may apply to the Supreme Court for a transfer under Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
- (A) The Attorney-General of India or any party interested
- (B) Only the Attorney-General of India
- (C) Any public servant in the State
- (D) Only the Advocate-General of the State
2.Which of the following best describes the transfer powers given to the Supreme Court by Section 446?
- (A) It may transfer only from one High Court to another High Court.
- (B) It may direct transfer of any particular case or appeal from one High Court to another, or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.
- (C) It may transfer cases from the Supreme Court to any High Court.
- (D) It may transfer only civil appeals between High Courts.
3.Must an application under Section 446 be supported by affidavit or affirmation?
- (A) Yes — an affidavit or affirmation is always required.
- (B) No — affidavits are not required only when the applicant is the Attorney‑General of India.
- (C) No — affidavits or affirmations are not required when the applicant is the Attorney‑General of India or the Advocate‑General of the State.
- (D) Yes — unless the Supreme Court orders otherwise after filing.
4.If an application for transfer under Section 446 is dismissed and the Supreme Court considers it frivolous or vexatious, who may be ordered to pay compensation?
- (A) The person who opposed the application
- (B) The State Government
- (C) The Supreme Court itself
- (D) The applicant who made the dismissed application
5.Can the Supreme Court, under Section 446, transfer a criminal case from a Criminal Court subordinate to one High Court directly to a High Court?
- (A) No — transfers from a subordinate Criminal Court are to another Criminal Court subordinate to another High Court, not directly to a High Court.
- (B) Yes — it may transfer a subordinate criminal case directly to any High Court.
- (C) Only if the Attorney‑General of India applies and the receiving High Court consents.
- (D) Yes — but only to a High Court of equal or superior jurisdiction.
6.Which of the following is expressly provided as a ground in Section 447(1) for the High Court to order transfer of an offence?
- (A) That a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto.
- (B) That the accused has no legal representation available.
- (C) That the prosecution has failed to file charges within statutory time-limits.
- (D) That the accused is a person of limited means.
7.Under Section 447(2), the High Court may act to transfer a case on which of the following bases?
- (A) Only on the report of the lower Court.
- (B) Only on the application of a party interested.
- (C) On the report of the lower Court, on the application of a party interested, or on its own initiative.
- (D) Only on its own initiative (suo motu).
8.If the High Court, under Section 447(6), stays proceedings in a subordinate Court pending disposal of a transfer application, which of the following remains unaffected?
- (A) The subordinate Court's power of remand under Section 346.
- (B) The subordinate Court's power to convict and sentence during the stay.
- (C) The subordinate Court's power to try the case to final disposal while the stay is in force.
- (D) The subordinate Court's power to transfer the matter to another sessions division.
9.Before an application can be made to the High Court for transferring a case from one Criminal Court to another Criminal Court within the same sessions division, which condition must be satisfied according to Section 447(2) proviso?
- (A) No prior application is required and the High Court may entertain the transfer application directly.
- (B) Prior approval of the State Government must be obtained.
- (C) A prior application must be made to the District Magistrate and rejected.
- (D) An application for such transfer must first have been made to the Sessions Judge and rejected by him.
10.Which statement correctly describes the bond and compensation regime when an accused makes an application under Section 447?
- (A) The High Court cannot require any bond from an accused who makes the application.
- (B) When the application is made by an accused, the High Court may direct him to execute a bond or bail bond for payment of any compensation which the High Court may award under subsection (7).
- (C) Only the Advocate-General can be directed to execute a bond for compensation under subsection (7).
- (D) If an application by an accused is dismissed, the High Court is precluded from awarding any compensation under subsection (7).
11.Under Section 448 of the Bharatiya Nagarik Suraksha Sanhita, 2023, who may order that a particular case be transferred from one Criminal Court to another Criminal Court in his sessions division?
- (A) A Sessions Judge
- (B) The High Court
- (C) The District Magistrate
- (D) A Magistrate of the First Class
12.Section 448 permits transfer of a particular case to which of the following courts?
- (A) Any court in the State
- (B) Another Criminal Court in the Sessions Judge's sessions division
- (C) A Civil Court in the same district
- (D) The High Court for trial
13.By what modes may the Sessions Judge be moved to make an order under Section 448(1)?
- (A) Only on the report of the lower Court
- (B) Only on the application of a party interested
- (C) On the report of the lower Court, on the application of a party interested, or on his own initiative
- (D) Only on his own initiative
14.Which subsections of Section 447 are made applicable to an application to the Sessions Judge under Section 448, and which subsection is explicitly omitted?
- (A) Sub-sections (3), (4), (5), (6), (7) and (9) apply; subsection (8) is omitted
- (B) Sub-sections (3) to (9) all apply
- (C) Only sub-sections (3), (4) and (5) apply
- (D) Sub-sections (1), (2), (3), (4), (5) and (6) apply
15.How is sub-section (7) of Section 447 to be read when applied under Section 448?
- (A) As if for the word 'sum' occurring therein, the words 'sum not exceeding ten thousand rupees' were substituted
- (B) As originally enacted, with no substitution of words
- (C) As if the word 'sum' were replaced by 'sum exceeding ten thousand rupees'
- (D) It does not apply at all under Section 448
16.Who is empowered under Section 449(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to withdraw any case or appeal from, or recall any case or appeal made over to a Chief Judicial Magistrate subordinate to him?
- (A) A Sessions Judge
- (B) A Chief Judicial Magistrate
- (C) An Additional Sessions Judge
- (D) A High Court Judge
17.Under Section 449(2), when may a Sessions Judge recall any case or appeal which he has made over to an Additional Sessions Judge?
- (A) Only after the trial or hearing has commenced before the Additional Sessions Judge
- (B) Only before charges are framed by the Additional Sessions Judge
- (C) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge
- (D) Only with the permission of the High Court
18.If a Sessions Judge withdraws or recalls a case or appeal under Section 449(1) or (2), which of the following actions is NOT authorised by sub-section (3)?
- (A) Try the case in his own Court
- (B) Hear the appeal himself
- (C) Make it over in accordance with the Sanhita to another Court for trial or hearing
- (D) Order a retrial before the same Chief Judicial Magistrate without making it over
19.Is there a time limitation in Section 449(1) on recalling cases or appeals made over to a Chief Judicial Magistrate subordinate to the Sessions Judge?
- (A) Yes — recall is allowed only before the trial or hearing begins
- (B) No — sub-section (1) contains no express time limitation on recall from a Chief Judicial Magistrate
- (C) Yes — recall is allowed only if the Sessions Judge himself made over the case
- (D) No — the Sessions Judge has no power to recall cases from a Chief Judicial Magistrate
20.Which statement correctly captures the distinction drawn in Section 449(1) between 'withdraw' and 'recall'?
- (A) Both 'withdraw' and 'recall' in sub-section (1) are limited to cases the Sessions Judge previously made over to the subordinate magistrate.
- (B) 'Withdraw' applies only to cases before an Additional Sessions Judge, while 'recall' applies only to Chief Judicial Magistrates.
- (C) 'Withdraw' refers to taking a case or appeal back from a Chief Judicial Magistrate generally, whereas 'recall' is expressly limited to cases which the Sessions Judge has made over to that Chief Judicial Magistrate.
- (D) Both terms are interchangeable in sub-section (1) and bear the same restriction and effect.
21.Who, under Section 450(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, may withdraw any case from a Magistrate subordinate to him or recall a case he has made over to such a subordinate?
- (A) Any Chief Judicial Magistrate
- (B) Any Judicial Magistrate
- (C) Chief Metropolitan Magistrate
- (D) High Court Judge
22.After withdrawing or recalling a case under Section 450(1), what actions may the Chief Judicial Magistrate take regarding that case?
- (A) He must try it himself and cannot refer it elsewhere
- (B) He may send it only to the Sessions Court
- (C) He may inquire into or try it himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same
- (D) He must transfer it to the High Court for inquiry
23.A Judicial Magistrate had earlier made over a case under sub‑section (2) of section 212 to another Magistrate. Under Section 450(2), which of the following is true about the original Judicial Magistrate's powers?
- (A) He may withdraw any case from any Magistrate subordinate to him
- (B) He may recall that case made over by him under section 212(2) to any other Magistrate and may inquire into or try such case himself
- (C) He can only have the case recalled by the Chief Judicial Magistrate
- (D) He has no power to recall cases once made over
24.If a Chief Judicial Magistrate has made over a case to a subordinate and later recalls it under Section 450(1), which of the following accurately states what he may do next?
- (A) He may only try the case himself and cannot reassign it
- (B) He must refer it to the Sessions Court for trial
- (C) He can only consult the High Court before further action
- (D) He may inquire into or try the case himself, or refer it for inquiry or trial to another competent Magistrate
25.Which statement correctly distinguishes the powers in Section 450(1) and Section 450(2)?
- (A) Both provisions give identical powers to any Magistrate, including power to withdraw cases from subordinates
- (B) Section 450(1) gives the Chief Judicial Magistrate power to withdraw cases from or recall cases made over to his subordinates and to inquire/try or refer them, whereas Section 450(2) permits a Judicial Magistrate only to recall cases made over by him under section 212(2) and to inquire/try them himself
- (C) Section 450(2) allows any Judicial Magistrate to withdraw cases from Magistrates subordinate to the Chief Judicial Magistrate
- (D) Both subsections restrict recalls to referral only; neither allows inquiry or trial by the recalling magistrate
26.Who is empowered under Section 451 to make over proceedings for disposal?
- (A) Any judicial officer in the district
- (B) Any District Magistrate or Sub-divisional Magistrate
- (C) Only the High Court
- (D) Only the Chief Judicial Magistrate
27.What does clause (a) of Section 451 permit a District or Sub-divisional Magistrate to do?
- (A) Withdraw any case from a subordinate magistrate
- (B) Dispose of any case personally irrespective of subordination
- (C) Make over, for disposal, any proceeding started before him to any subordinate magistrate
- (D) Transfer a case to another district's magistrate
28.If a District Magistrate has already made over a case to a subordinate Magistrate, which of the following actions is permitted by clause (b)?
- (A) He may withdraw or recall the case and either dispose of it himself or refer it to another Magistrate
- (B) He may only leave the case with the subordinate magistrate and has no further power
- (C) He may recall the case but must always dispose of it himself
- (D) He may withdraw the case only with the subordinate magistrate’s consent
29.Does Section 451 permit making over a proceeding to any Magistrate regardless of subordination?
- (A) Yes — to any Magistrate whether subordinate or not
- (B) No — only to a Magistrate subordinate to the District/Sub-divisional Magistrate
- (C) No — it permits transfer only to superior courts
- (D) Yes — but only with written permission from the subordinate magistrate
30.Who is required to record reasons under Section 452 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
- (A) Only a Sessions Judge
- (B) A Sessions Judge or Magistrate
- (C) Only a Magistrate
- (D) Any judicial officer or police officer
31.Under Section 452, for orders under which sections must reasons be recorded?
- (A) Sections 448, 449, 450 and 451
- (B) Sections 452, 453, 454 and 455
- (C) Sections 440, 441, 442 and 443
- (D) For all sections of the Act
32.If a Sessions Judge makes an order under Section 452 itself, does Section 452 require that the Judge record reasons for that order?
- (A) No — the duty applies only to orders under sections 448–451
- (B) Yes — it applies to orders under section 452 as well
- (C) Yes — it applies to any order by a Sessions Judge
- (D) Only if the order relates to a death sentence
33.Does the requirement to 'record his reasons' in Section 452 apply when a Magistrate makes an order under section 449?
- (A) No — the requirement applies only to Sessions Judges
- (B) Only if the order is later confirmed by a Sessions Judge
- (C) Yes — a Magistrate making an order under section 449 must record reasons
- (D) Only when the order imposes imprisonment
34.Which statement best describes the scope of the duty imposed by Section 452?
- (A) It requires recording reasons for any judicial order made by a Sessions Judge or Magistrate
- (B) It requires recording reasons only when making an order under sections 448, 449, 450 or 451
- (C) It requires recording reasons only for death sentences
- (D) It requires recording reasons only when ordered by a higher court
Answer key
1. A2. B3. C4. D5. A6. A7. C8. A9. D10. B11. A12. B13. C14. A15. A16. A17. C18. D19. B20. C21. A22. C23. B24. D25. B26. B27. C28. A29. B30. B31. A32. A33. C34. B
Explanations
- 1. (A) Section 446(2) states the Supreme Court may act only on the application of the Attorney‑General of India or of a party interested. Thus either the Attorney‑General or a party interested can apply.
- 2. (B) Section 446(1) expressly permits transfer from one High Court to another High Court, or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court. The other options are either narrower or outside the provision's wording.
- 3. (C) Section 446(2) requires that every such application be made by motion and, except when the applicant is the Attorney‑General of India or the Advocate‑General of the State, be supported by affidavit or affirmation. Therefore both the Attorney‑General and the Advocate‑General are exceptions to the affidavit requirement.
- 4. (D) Section 446(3) provides that where an application is dismissed and the Court is of opinion it was frivolous or vexatious, the Supreme Court may order the applicant to pay compensation to any person who opposed the application. Thus the applicant may be ordered to pay.
- 5. (A) Section 446(1) distinguishes two scenarios: transfers between High Courts, and transfers from a Criminal Court subordinate to one High Court to another Criminal Court subordinate to another High Court of equal or superior jurisdiction. It does not provide for transfer from a subordinate Criminal Court directly to a High Court.
- 6. (A) Section 447(1)(a) expressly states as a ground that a fair and impartial inquiry or trial cannot be had in any subordinate Criminal Court. The other options are not mentioned in subsection (1) as grounds for transfer.
- 7. (C) Section 447(2) provides that the High Court may act either on the report of the lower Court, on the application of a party interested, or on its own initiative. All three modes are therefore permitted by the subsection.
- 8. (A) Section 447(6) authorises the High Court to stay proceedings pending disposal of the application but provides that such stay shall not affect the subordinate Court's power of remand under section 346. The other powers listed are not preserved by this proviso.
- 9. (D) The proviso to Section 447(2) states that no application shall lie to the High Court for transferring a case from one Criminal Court to another in the same sessions division unless an application for such transfer has been made to the Sessions Judge and rejected by him.
- 10. (B) Section 447(4) expressly allows the High Court, when an application is made by an accused, to direct him to execute a bond or bail bond for payment of any compensation which the High Court may award under subsection (7). Subsection (7) permits the High Court to order compensation when an application is dismissed as frivolous or vexatious.
- 11. (A) Section 448(1) states that "a Sessions Judge ... may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division." Thus the power is vested in the Sessions Judge.
- 12. (B) Section 448(1) expressly permits transfer "from one Criminal Court to another Criminal Court in his sessions division." It does not authorize transfer to civil courts or to any court outside the sessions division.
- 13. (C) Section 448(2) provides that the Sessions Judge "may act either on the report of the lower Court, or on the application of a party interested, or on his own initiative." All three modes are therefore available.
- 14. (A) Section 448(3) specifies that sub-sections (3), (4), (5), (6), (7) and (9) of section 447 "shall apply" in relation to such an application, so subsection (8) is not included in that list.
- 15. (A) Section 448(3) expressly states that sub-section (7) of section 447 shall apply "as if for the word 'sum' occurring therein, the words 'sum not exceeding ten thousand rupees' were substituted," thereby imposing that specific substitution.
- 16. (A) Sub-section (1) expressly states that a Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him. Therefore the Sessions Judge is the empowered authority under this provision.
- 17. (C) Sub-section (2) states that at any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge. Thus the recall power is expressly limited to the period before trial or hearing begins before the Additional Sessions Judge.
- 18. (D) Sub-section (3) authorises the Sessions Judge, after withdrawal or recall under sub-sections (1) or (2), to either try the case in his own Court, hear the appeal himself, or make it over to another Court in accordance with the Sanhita. Ordering a retrial before the same Chief Judicial Magistrate is not one of the options listed in sub-section (3).
- 19. (B) Sub-section (1) permits a Sessions Judge to withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him, and it does not specify a time limit. Therefore sub-section (1) contains no express temporal restriction on such withdrawal or recall in the text provided.
- 20. (C) Sub-section (1) distinguishes the two by wording: it allows a Sessions Judge to 'withdraw any case or appeal from' a Chief Judicial Magistrate, and to 'recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him.' Thus 'withdraw' is framed generally from the magistrate, while 'recall' is specifically limited to cases the Judge has made over.
- 21. (A) Section 450(1) expressly begins: "Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him..." indicating the power is vested in the Chief Judicial Magistrate.
- 22. (C) Section 450(1) states the Chief Judicial Magistrate "may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same." Thus he has both options: try himself or refer to a competent Magistrate.
- 23. (B) Section 450(2) provides: "Any Judicial Magistrate may recall any case made over by him under sub‑section (2) of section 212 to any other Magistrate and may inquire into or try such cases himself." Hence the Judicial Magistrate can recall and may inquire or try it himself.
- 24. (D) Section 450(1) explicitly allows the Chief Judicial Magistrate, after withdrawal or recall, to "inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same."
- 25. (B) Section 450(1) vests withdrawal/recall and the option to inquire/try or refer in the Chief Judicial Magistrate, while Section 450(2) confines the Judicial Magistrate's power to recalling cases he made over under s.212(2) and to inquiring/trying them himself. The text shows the CJM's broader withdrawal/recall and referral power and the Judicial Magistrate's narrower recall power.
- 26. (B) Section 451 begins: “Any District Magistrate or Sub-divisional Magistrate may—”, which expressly confers the power to make over proceedings for disposal on District Magistrates and Sub-divisional Magistrates. The provision does not confer that power on the High Court or every judicial officer.
- 27. (C) Clause (a) of Section 451 states that the District Magistrate or Sub-divisional Magistrate may “make over, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him.” This authorises transfer to a subordinate magistrate, not transfer to another district or unconditional personal disposal.
- 28. (A) Clause (b) provides that the District or Sub-divisional Magistrate may “withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate.” Thus he may withdraw/recall and either dispose himself or refer it onward.
- 29. (B) Clause (a) specifies making over “to any Magistrate subordinate to him,” which limits the power to subordinate Magistrates only. The provision does not authorise making over to non-subordinate or superior courts under this section.
- 30. (B) The provision states: 'A Sessions Judge or Magistrate making an order under section 448, section 449, section 450 or section 451 shall record his reasons for making it.' Thus the duty is on a Sessions Judge or Magistrate.
- 31. (A) Section 452 expressly lists the relevant provisions: '...making an order under section 448, section 449, section 450 or section 451 shall record his reasons for making it.' Therefore the obligation applies to orders under sections 448–451.
- 32. (A) The operative sentence confines the duty to orders 'under section 448, section 449, section 450 or section 451.' It does not state that orders under section 452 itself are covered, so the duty applies only to those listed sections.
- 33. (C) The provision specifies 'A Sessions Judge or Magistrate making an order under section 448, section 449, section 450 or section 451 shall record his reasons.' Hence a Magistrate making an order under section 449 must record the reasons.
- 34. (B) Section 452 states the duty applies where a Sessions Judge or Magistrate is 'making an order under section 448, section 449, section 450 or section 451' and that they 'shall record his reasons for making it.' Thus the duty is confined to orders under those specific sections.