Practice paper — BNSS Chapter XXXIV — Execution, Suspension, Remission And Commutation Of Sentences

1.Who is required by Section 453 to cause a High Court's order of confirmation or other order to be carried into effect in a case submitted for confirmation of a death sentence?

• (A) The Court of Session
• (B) The High Court
• (C) The Supreme Court
• (D) The District Magistrate

2.If the High Court sends an 'other order' (for example, commutation) instead of confirming the death sentence, what does Section 453 require the Court of Session to do?

• (A) Refuse to act unless a confirmation is sent
• (B) Return the case to the High Court for further directions
• (C) Cause the High Court's other order to be carried into effect by issuing a warrant or taking such other steps as may be necessary
• (D) Await a separate order from the executive before taking any steps

3.Does Section 453 apply where the case was not submitted to the High Court for confirmation of a sentence of death?

• (A) Yes, it applies to any death sentence regardless of submission
• (B) No, it applies when the case has been submitted to the High Court for confirmation and the Court of Session receives the High Court's order
• (C) Yes, but only if the Supreme Court has referred the matter back
• (D) No, it applies only to cases where the High Court itself executes the sentence

4.Does Section 454 make issuance of a warrant by the Court of Session mandatory upon receipt of the High Court's order?

• (A) No, issuance is discretionary for the Court of Session
• (B) Only if the High Court additionally directs the mode of execution
• (C) Yes. The Court of Session shall issue a warrant to carry the sentence into effect
• (D) Only after confirmation by the trial court

5.Is issuing a warrant the prescribed method for carrying the death sentence into effect under Section 454?

• (A) No, the Court of Session may choose any method to carry the sentence into effect
• (B) Yes. The Court of Session shall cause the sentence to be carried into effect by issuing a warrant
• (C) Only if the President approves the method of execution
• (D) Only if the accused has not filed a mercy petition

6.If the High Court disposes of the application for a certificate under article 132 or 134(1)(c) without granting it, when does the postponement under clause (2) end?

• (A) It continues until the period for preferring an appeal on the certificate expires.
• (B) It can be extended only by the President.
• (C) It ends when the High Court disposes of the application.
• (D) It continues until the Supreme Court decides the matter on merits.

7.If an appeal to the Supreme Court would lie only under article 134(1)(c) (i.e., requires a certificate), must the High Court, immediately on sentencing, postpone execution under clause (1)?

• (A) Yes; clause (1) covers all appeals to the Supreme Court, including 134(1)(c).
• (B) No; clause (1) applies only to sub-clauses (a) and (b); postponement in respect of 134(1)(c) is provided for under clause (2) when an application for a certificate is made.
• (C) Yes; but only until the accused applies for a certificate.
• (D) No; postponement in that situation is available only under clause (3) when the High Court is satisfied of intent to file a special leave petition.

8.What does the use of the word 'shall' in Section 456 indicate about the High Court's power to commute the sentence when pregnancy is found?

• (A) It is discretionary and the High Court may commute if it chooses
• (B) It is mandatory and the High Court must commute
• (C) It happens automatically without any court order
• (D) It requires approval from another authority before commuting

9.Which of the following best describes any exception or proviso contained in Section 456 regarding commutation when a woman sentenced to death is found pregnant?

• (A) Commutation applies only if the pregnancy exceeds a specified number of months
• (B) Commutation is excluded for certain offences under the Act
• (C) The provision contains no exception or proviso and mandates commutation to imprisonment for life
• (D) Commutation requires prior approval of the President/Governor

10.If a person liable to imprisonment under this Sanhita is in confinement in a civil jail, who may order that the person be removed to a criminal jail under Section 457(2)?

• (A) The State Government
• (B) The Court or Magistrate ordering the imprisonment or committal
• (C) The officer in charge of the civil jail
• (D) The Central Government

11.Does Section 457(1) allow the State Government to direct the place of confinement even when another law provides otherwise?

• (A) No — the State Government may direct the place of confinement except when another law for the time being in force provides otherwise
• (B) Yes — the State Government may always direct the place of confinement
• (C) Yes — but only with prior approval of the Court
• (D) No — only the Central Government may direct when another law provides otherwise

12.If an accused is sentenced to imprisonment 'till the rising of the Court', which of the following is correct under section 458(1) proviso?

• (A) A full warrant must be prepared and the accused must be sent to a district jail immediately.
• (B) The accused must be released immediately; no confinement is permitted.
• (C) The Court must forward the accused to a specific jail named in the warrant.
• (D) It is not necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the Court may direct.

13.If an accused is not present in Court and is sentenced to imprisonment 'till the rising of the Court', when does the sentence commence according to section 458?

• (A) Immediately on pronouncement of the sentence in Court.
• (B) On the date of his arrest.
• (C) On the next sitting day of the Court.
• (D) On the date the warrant is forwarded to the jail.

14.According to Section 459, the warrant should be directed to the officer in charge of which place?

• (A) Only the jail where the prisoner is currently confined
• (B) Only the jail where the prisoner will be confined in future
• (C) The jail or other place in which the prisoner is, or is to be, confined (either present or future place)
• (D) The place where the offence was committed

15.Which of the following types of warrants is expressly covered by Section 459?

• (A) Warrants for the execution of a sentence of imprisonment
• (B) Warrants for seizure of property
• (C) Warrants for arrest
• (D) Warrants for attachment of earnings

16.Section 460 applies in which of the following situations?

• (A) When a fine is to be levied
• (B) When the prisoner is to be released on bail
• (C) When the prisoner is to be confined in a jail
• (D) When the prisoner is to be transferred to another court

17.Under Section 461(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, who may take action for the recovery of a fine when payment has not been made?

• (A) The Court passing the sentence
• (B) The Police Station having jurisdiction
• (C) The State Government
• (D) The Collector without a warrant

18.If the sentence directed imprisonment in default of payment and the offender has already undergone the whole of such imprisonment, when may the Court still issue a warrant for recovery under Section 461(1)?

• (A) The Court may always issue a warrant regardless of prior imprisonment
• (B) Only if special reasons are recorded in writing or if an order under section 395 for payment out of the fine has been made
• (C) Only with the written consent of the offender
• (D) Only if the Collector requests the warrant

19.When a Court issues a warrant to the Collector under Section 461(1)(b), does that authorise the Collector to execute the warrant by arresting or detaining the offender in prison?

• (A) Yes — the Collector may use all powers available under law relating to recovery of arrears of land revenue, including arrest or detention.
• (B) No — although the Collector realises the amount as if the warrant were a certificate under land revenue law, the proviso forbids execution by arrest or detention in prison of the offender.
• (C) Yes — but only with written permission from the Court.
• (D) No — the Collector may only attach movable property and not immovable property.

20.If property is located outside the issuing Court's local jurisdiction and the warrant is not endorsed by the District Magistrate where the property is found, what follows under Section 462?

• (A) The attachment and sale are authorised automatically
• (B) The attachment and sale are authorised only when endorsed by that District Magistrate
• (C) The warrant becomes void for all purposes
• (D) Attachment may proceed if the issuing Court issues a fresh order

21.Which District Magistrate's endorsement is required to authorise attachment and sale of property located outside the issuing Court's jurisdiction under Section 462?

• (A) The District Magistrate of the issuing Court's district
• (B) The District Magistrate within whose local jurisdiction the property is found
• (C) Any District Magistrate in the State
• (D) The Sub-Divisional Magistrate where the issuing Court sits

22.If the warrant described in Section 463 is so issued, do the provisions of sub-section (3) of section 461 apply to its execution?

• (A) No, only provisions of the issuing Court's territorial law apply.
• (B) Only if the Collector files a formal acceptance.
• (C) Yes, the provisions of sub-section (3) of section 461 as to execution shall apply accordingly.
• (D) No, execution follows general land revenue rules and not section 461(3).

23.What is the effect of the opening words "Notwithstanding anything in this Sanhita or in any other law for the time being in force" in Section 463?

• (A) It makes the provision subject to any inconsistent provisions in other laws.
• (B) It makes the provision operate despite any other provisions in this Sanhita or any other law to the contrary.
• (C) It limits the provision's operation only to cases where no other law exists on the point.
• (D) It requires prior approval from a higher authority before the provision can be applied.

24.If a Court, under Section 464(1)(a), sets installment intervals of 45 days between payments, which statement is correct?

• (A) The interval is valid because the Court has discretion to fix any interval
• (B) The interval is invalid because intervals must be not more than 30 days
• (C) The interval is valid only if the offender signs an additional bond
• (D) The interval is valid only when there are exactly two installments

25.An offender was released on a bond conditioned for payment of fine installments. If the amount of a fine installment is not realised on or before the latest date on which it is payable, which of the following correctly states the Court's power under Section 464(1)(b)?

• (A) The Court must first hold a fresh hearing before ordering execution of the sentence
• (B) The Court must forfeit the bond and then wait a statutory notice period before imprisoning the offender
• (C) The Court may direct the sentence of imprisonment to be carried into execution at once
• (D) The Court may impose an additional fine but cannot order imprisonment until a separate order

26.If the Judge who passed the sentence has vacated office, who may lawfully issue the warrant under Section 465?

• (A) Any judicial officer in the same court chosen by seniority
• (B) The public prosecutor acting on behalf of the State
• (C) The successor-in-office of the Judge who passed the sentence
• (D) Any Judge of the High Court

27.Which statement best matches the scope of authority provided by Section 465 regarding issuance of warrants?

• (A) A warrant may be issued by the Judge or Magistrate who passed the sentence, or by his successor-in-office
• (B) A warrant may be issued by any judicial officer of the district if the original judge is unavailable
• (C) A warrant may be issued by the senior-most Judge in the registry regardless of who passed the sentence
• (D) A warrant may be issued only by the exact same person who passed the sentence and never by anyone else

28.For the purposes of sub-section (2) of Section 466, which of the following is expressly deemed to be severer in kind than the other?

• (A) Imprisonment for a term is severer than imprisonment for life
• (B) Rigorous imprisonment is severer in kind than simple imprisonment
• (C) A fine is severer than simple imprisonment
• (D) Life imprisonment is severer than rigorous imprisonment

29.Which sub-section of Section 466 governs when a sentence of imprisonment for a term (i.e. not life) is passed on an escaped convict?

• (A) Sub-section (1) governs sentences of imprisonment for a term
• (B) Sub-section (2) governs sentences of imprisonment for a term
• (C) Sub-section (1) applies if the original sentence was life imprisonment
• (D) Sub-section (3) alone determines when the term sentence takes effect

30.What does Section 467(2) prescribe when a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life?

• (A) The subsequent sentence shall commence only after the life sentence is fully served.
• (B) The subsequent sentence shall run concurrently with such previous life sentence.
• (C) The subsequent sentence shall be stayed until a separate hearing.
• (D) The subsequent sentence shall be converted into a fine.

31.Which of the following correctly captures an exception and a mandated outcome under Section 467 of the Sanhita?

• (A) Subsection (1) requires that a subsequent sentence always run consecutively with any earlier sentence without exception.
• (B) If a person is already undergoing a life sentence, a subsequent sentence must be deferred until the life sentence expires.
• (C) The proviso to subsection (1) provides that where a person is undergoing a sentence under section 141 in default of furnishing security and is later sentenced for an offence committed prior to that order, the latter sentence shall commence immediately.
• (D) The Court is never permitted to direct that subsequent sentences run concurrently.

32.Which situation is expressly excluded from the set-off rule under Section 468?

• (A) Detention during investigation of the same case.
• (B) Imprisonment in default of payment of a fine.
• (C) Detention before conviction.
• (D) Detention during the trial.

33.According to Section 469(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, what is the effect of sections 466 or 467 on punishment for former or subsequent convictions?

• (A) Nothing in sections 466 or 467 shall be held to excuse any person from any part of the punishment to which he is liable upon his former or subsequent conviction.
• (B) Sections 466 and 467 are repealed and have no legal effect.
• (C) Sections 466 and 467 permit courts to reduce punishment for earlier convictions.
• (D) Sections 466 and 467 apply only to non-custodial penalties and not to imprisonment.

34.If sections 466 or 467 appear to provide an excuse for punishment arising from a prior conviction, can that excuse be relied upon in light of Section 469(1)?

• (A) Yes, but only with leave of the appellate court.
• (B) Yes, but only for monetary penalties.
• (C) No; Section 469(1) expressly bars holding anything in sections 466 or 467 to excuse any person from any part of the punishment for his former or subsequent conviction.
• (D) Only if the earlier conviction has been set aside.

35.Does Section 469(2) apply when the other substantive sentence is to be served before the execution of the substantive sentence to which the imprisonment-in-default is annexed?

• (A) No; Section 469(2) applies only where the person is, after the execution of that substantive sentence, to undergo a further substantive sentence or sentences.
• (B) Yes; it applies whenever there are further substantive sentences regardless of their order.
• (C) Yes, but only if the earlier sentence is of shorter duration.
• (D) Only if the court expressly orders sequencing under Section 469(2).

36.To which court must the officer return the warrant as per Section 470?

• (A) To any court having jurisdiction over the area
• (B) To the Court from which it is issued
• (C) To the High Court
• (D) To the court where the convict is detained

37.According to Section 470, in what form must the endorsement on the returned warrant be made?

• (A) Under the officer's hand (i.e., signed by the officer)
• (B) Under the official seal of the executing authority
• (C) Attested by the Court to which it is returned
• (D) An oral report to the Court is sufficient

38.What is the effect of the proviso to Section 471 when applying section 461 to an order under section 400?

• (A) It excludes orders under section 400 from the application of section 461.
• (B) It requires a separate statutory procedure for orders under section 400.
• (C) It directs that section 461 be construed as if orders for payment of costs under section 400 were included alongside orders under section 395.
• (D) It limits section 461 strictly to orders under section 395.

39.According to the proviso in Section 471, which exact words are to be read into the proviso to sub‑section (1) of section 461 after the words and figures "under section 395"?

• (A) or an order under section 400
• (B) or an order for payment of costs under section 400
• (C) or payment of costs under section 395
• (D) or an order for costs under section 400

40.If a convict initially files a mercy petition to the Governor and the Governor rejects or disposes of it, what is the time limit to make the petition to the President under Section 472(2)?

• (A) There is no further time limit once the Governor disposes it
• (B) Within 30 days from the date of rejection or disposal
• (C) Within 60 days from the date of rejection or disposal
• (D) Within 48 hours from the date of rejection or disposal

41.Which of the following correctly states the scope of judicial inquiry into an order of the President or Governor on a mercy petition under Section 472(7)?

• (A) No appeal lies and any question as to the arriving of the decision by the President or Governor shall not be inquired into in any Court
• (B) No appeal lies, but courts may inquire into procedural compliance in arriving at the decision
• (C) High Courts may entertain appeals against the Governor's order but not the President's order
• (D) Courts can review the merits of the mercy decision but cannot substitute the decision

42.When an application for suspension or remission is made, what may the appropriate Government require under Section 473(2)?

• (A) That the sentence be stayed until the Government decides.
• (B) That the presiding Judge state his opinion with reasons and forward a certified copy of the trial record or such part as exists.
• (C) That the jail officer produce a conduct report of the prisoner.
• (D) That the prosecution file a reply within 30 days.

43.According to the proviso to Section 473(5), for a person above eighteen years sentenced to imprisonment (not a fine), which of the following is true about a petition for suspension or remission presented by another person on his behalf?

• (A) It will not be entertained unless the petition contains a declaration that the person sentenced is in jail.
• (B) It must be presented through the officer in charge of the jail.
• (C) It can be entertained even if the person is not in jail, provided the petitioner declares the address.
• (D) It requires prior approval of the presiding Judge before being entertained.

44.Under Section 474, a sentence of death may be commuted to which of the following?

• (A) Imprisonment for life
• (B) Imprisonment for a fixed term of not less than three years
• (C) Fine
• (D) Simple imprisonment for any term

45.According to Section 475, what is the minimum period a person must serve in prison before being released if life imprisonment is imposed for an offence for which death is one of the punishments provided by law?

• (A) Seven years
• (B) Ten years
• (C) Fourteen years
• (D) For the remainder of their natural life

46.A person is sentenced to imprisonment for life for an offence punishable with death. After ten years, a parole board recommends release. Under Section 475, can the person be released at that time?

• (A) Yes, if the parole board recommends release
• (B) No, because Section 475 bars release before fourteen years
• (C) Yes, if the court approves the parole
• (D) Only if the death sentence was previously commuted under section 474

47.According to Section 476, in the case of sentences of death, who may exercise the powers conferred by sections 473 and 474 upon the State Government?

• (A) Only the State Government
• (B) Only the Central Government
• (C) Both the State Government and the Central Government may exercise them
• (D) Neither the State nor the Central Government

48.Does Section 476 make the Central Government's power over decisions under sections 473 and 474 exclusive in death sentence cases?

• (A) Yes, it removes the State Government's power entirely
• (B) No, it permits the Central Government to exercise those powers in addition to the State Government
• (C) Yes, but only after approval by Parliament
• (D) No, unless the State Government delegates its power

49.Under Section 477 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when may the State Government exercise the powers under sections 473 and 474 to remit or commute a sentence for an offence investigated by an agency empowered under any Central Act (other than this Sanhita)?

• (A) Whenever the State Government considers it appropriate, without reference to the Centre.
• (B) Only after concurrence with the Central Government.
• (C) Only after obtaining the Governor's approval.
• (D) Only if the accused petitions the High Court.

50.A person is convicted of multiple offences, some relating to matters to which the executive power of the Union extends, and is sentenced to separate terms of imprisonment to run concurrently. If the State Government passes an order commuting those sentences but the Central Government makes no corresponding order, what is the effect of the State's order under Section 477(2)?

• (A) The State's order will have no effect unless the Central Government has also made a corresponding order in relation to the offences concerning Union matters.
• (B) The State's order will be fully effective even without Central action.
• (C) The State's order will be effective only for offences not related to Union matters.
• (D) The State's order becomes effective only after review by the President.