Practice paper — BNSS Chapter XXXIX — Miscellaneous

1.According to the provision's opening words, when an offence is tried by whom?

• (A) High Court
• (B) Supreme Court
• (C) Sessions Court
• (D) Magistrate

2.What specific conduct does the provision instruct the court to follow in the proceedings?

• (A) Refer the matter to a Sessions Judge
• (B) Apply summary trial procedure
• (C) Observe if it were trying the case
• (D) Stay proceedings pending review

3.The phrase "otherwise than under" in the provision indicates the provision applies in which situation?

• (A) Only when the trial is under a specific named provision
• (B) When the offence is tried by the High Court not under (i.e. otherwise than under) some other provision
• (C) Only in appellate proceedings
• (D) Only in summary proceedings before a Magistrate

4.When trying such an offence, in what manner is the High Court to conduct itself according to the text?

• (A) As an appellate court reviewing lower court findings
• (B) As a purely administrative body
• (C) As a fact-finding magistrate
• (D) By observing as if it were trying the case

5.Which of the following best captures the distinction the provision makes between actually trying an offence and the conduct it prescribes?

• (A) It requires the High Court to transfer the trial to a Sessions Court.
• (B) It mandates that the High Court must strictly follow appellate procedures.
• (C) It requires the High Court to "observe if it were trying the case," i.e., to act as though trying the case rather than merely perform some other role.
• (D) It confines the High Court to only administrative oversight without judicial action.

6.Which of the following best matches the explanation of "Court-martial" in section 521?

• (A) Only Courts-martial constituted under the Army, Navy or Air Force Acts
• (B) Any civilian criminal court with concurrent jurisdiction
• (C) Any Tribunal with powers similar to those of a Court-martial constituted under the relevant law applicable to the Armed Forces of the Union
• (D) Tribunals constituted solely by the Central Government for the purposes of this Sanhita

7.When a person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Sanhita applies or by a Court-martial, what is the Magistrate required to do under section 521?

• (A) He must always try the person himself under this Sanhita
• (B) He shall have regard to the rules and, in proper cases, deliver the person, with a statement of the offence, to the commanding officer for trial by Court-martial
• (C) He must refuse to deliver the person to any military authority
• (D) He must send the person to the nearest police station and take no further action

8.Under section 521(2), upon receiving a written application from a commanding officer stationed at the place, what is every Magistrate obliged to do?

• (A) Immediately hand the accused over to the commanding officer without attempting arrest
• (B) Grant a summary trial himself
• (C) Use his utmost endeavours to apprehend and secure any person accused of such offence
• (D) Refer the application to the High Court for direction

9.Which statement correctly describes the High Court's power under section 521(3)?

• (A) A High Court may, if it thinks fit, direct that a prisoner detained in any jail within the State be brought before a Court-martial either for trial or to be examined regarding any matter pending before that Court-martial
• (B) A High Court must, on application, direct that any prisoner be tried by a Court-martial
• (C) A High Court may only order production of prisoners who are members of the Armed Forces
• (D) A High Court may transfer a Court-martial proceeding to itself and try the accused

10.Which schedule contains the forms referred to in Section 522?

• (A) First Schedule
• (B) Third Schedule
• (C) Second Schedule
• (D) Fourth Schedule

11.Can the forms in the Second Schedule be varied to fit the circumstances of a particular case under Section 522?

• (A) Yes — they may be used "with such variations as the circumstances of each case require"
• (B) No — they must be used exactly as printed
• (C) Only where Parliament enacts a variation
• (D) Only with express permission from the Supreme Court

12.If a form from the Second Schedule is not used, does Section 522 state that the form is nevertheless sufficient for the purpose?

• (A) Yes — it remains sufficient even if not used
• (B) Not sufficient unless Article 227 permits its retrospective use
• (C) The provision is silent on this point
• (D) No — the provision says "if used shall be sufficient," so sufficiency applies only if used

13.What is the effect of the opening phrase "Subject to the power conferred by article 227" in Section 522?

• (A) It makes the forms entirely independent of Article 227
• (B) It indicates the use of the forms is subject to (limited by) the power under Article 227
• (C) It requires the forms to be validated each time Article 227 is exercised
• (D) It excludes the jurisdiction of High Courts under Article 227

14.Under Section 523 of the Bharatiya Nagarik Suraksha Sanhita, whose previous approval is required before every High Court may make rules under this section?

• (A) State Government
• (B) Central Government
• (C) President of India
• (D) Governor of the State

15.Which of the following matters is expressly listed in Section 523(1) as one on which a High Court may make rules?

• (A) Appointment of judges
• (B) Regulating the issue of licences to petition-writers and the scale of fees to be charged by them
• (C) Amendments to substantive criminal law
• (D) Sentencing guidelines for criminal offences

16.What does Section 523(2) require regarding rules made under Section 523?

• (A) They must be published in the Official Gazette
• (B) They must be published only in the High Court's website
• (C) They require a further legislative enactment to take effect
• (D) They must be published in a local newspaper

17.If a High Court intends to make a rule under Section 523(1)(c) providing a penalty for contravention and determining the authority to investigate and impose penalties, does the High Court need the previous approval of the State Government?

• (A) No, penalty rules under (c) are exempt from State Government approval
• (B) No, approval is needed only for rules under clauses (a) and (b)
• (C) Yes, the High Court requires the State Government's previous approval to make any rules under Section 523, including clause (c)
• (D) Yes, but only if the penalty exceeds a statutory maximum set by the State Government

18.Under Section 524, who must first permit by a resolution before the State Government may issue a notification altering references to an Executive Magistrate?

• (A) The Legislative Assembly of the State
• (B) The State Government
• (C) The High Court
• (D) The Parliament of India

19.Section 524 directs that references to an Executive Magistrate in which of the following sets of sections shall be construed as references to a Judicial Magistrate of the first class?

• (A) Sections 123, 124, 125, 126 and 127
• (B) Sections 127, 128, 129, 164 and 166
• (C) Sections 127, 128, 129, 130 and 131
• (D) Sections 164, 165, 166, 167 and 168

20.Can the State Government issue the notification under Section 524 without consulting the High Court?

• (A) Yes, consultation with the High Court is optional
• (B) Only if the High Court gives written approval
• (C) No, the State Government must act after consultation with the High Court
• (D) Only if the Governor directs otherwise

21.What exactly is the role of the High Court under Section 524 when the State Government seeks to issue the notification?

• (A) The High Court must give formal approval to the notification
• (B) The High Court must be consulted before the State Government issues the notification
• (C) The High Court must itself issue the notification
• (D) The High Court may veto the State Government's notification

22.Under Section 525 of the Bharatiya Nagarik Suraksha Sanhita, 2023, who is prohibited from trying or committing for trial any case to or in which he is a party or personally interested?

• (A) No Judge or Magistrate
• (B) Any public servant
• (C) Any advocate appearing in the case
• (D) Any witness in the case

23.According to the Explanation to Section 525, is a Judge or Magistrate deemed to be a party to, or personally interested in, a case merely because he is concerned therein in a public capacity?

• (A) Yes, he is always deemed to be a party if concerned in a public capacity
• (B) Yes, but only if he also viewed the place of the offence
• (C) No, he shall not be deemed to be a party or personally interested by reason only that he is concerned in a public capacity
• (D) Only if the appellate court so decides

24.If a Magistrate is personally interested in a case, may he try or commit that case for trial after obtaining permission from his own court under Section 525?

• (A) No; he may never try such a case
• (B) Yes, but only with permission of the Court to which an appeal lies from his Court
• (C) Yes, with permission of his own court
• (D) Yes, with permission of the Governor

25.May a Judge hear an appeal from any judgment or order passed or made by himself under Section 525?

• (A) Yes, if the appellate court grants permission
• (B) Yes, if he was not a party in the original proceedings
• (C) Only if the case is remitted to him by a higher court
• (D) No; a Judge or Magistrate shall not hear an appeal from any judgment or order passed or made by himself

26.According to Section 526, what is expressly prohibited?

• (A) An advocate who practices in the Court of any Magistrate shall not sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court.
• (B) An advocate who practises in any Court is barred from appearing before a Magistrate.
• (C) Magistrates are prohibited from engaging advocates to represent parties in their Court.
• (D) Advocates are prohibited from being appointed to any judicial office anywhere in the State.

27.To which courts does the prohibition in Section 526 apply?

• (A) Only the specific Magistrate's Court where the advocate practises.
• (B) Only courts outside the local jurisdiction of that Magistrate's Court.
• (C) That Magistrate's Court and any Court within the local jurisdiction of that Court.
• (D) All courts throughout the State without limitation.

28.An advocate who practices in the Court of Magistrate A is appointed to sit as a Magistrate in Court B, which lies within the local jurisdiction of Magistrate A's Court. Is this permitted under Section 526?

• (A) Yes, it is permitted because appointments can be made irrespective of practice.
• (B) No, it is not permitted because the advocate practises in Magistrate A's Court and Court B is within that Court's local jurisdiction.
• (C) Yes, but only if the advocate ceases practice before taking the bench.
• (D) No, unless the advocate obtains written permission from the Magistrate in whose Court he practised.

29.If an advocate practises in the Court of Magistrate A, may that advocate sit as a Magistrate in Magistrate C's Court located outside the local jurisdiction of Magistrate A's Court under Section 526?

• (A) Yes, the prohibition applies only to that Court and courts within its local jurisdiction.
• (B) No, the advocate is barred from sitting as a Magistrate in any Magistrate's Court.
• (C) Yes, but only if the advocate has not appeared in Magistrate A's Court in the preceding year.
• (D) No, unless a special exemption is granted by the State government.

30.Does Section 526 mean an advocate who practises in the Court of any Magistrate is prohibited from sitting as a Magistrate in any Magistrate's Court anywhere in the State?

• (A) Yes, the advocate is barred from sitting in any Magistrate's Court throughout the State.
• (B) Yes, but only if the advocate has an active practice in more than one Magistrate's Court.
• (C) No, the prohibition only applies if the advocate is appointed to a higher judicial office.
• (D) No, the prohibition is limited to that Court and to courts within the local jurisdiction of that Court.

31.Which actions are expressly prohibited by Section 527 for such a public servant?

• (A) Inspecting or evaluating the property
• (B) Authorising the sale on behalf of the state
• (C) Purchasing or bidding for the property
• (D) Leasing the property to third parties

32.If a public servant who has a duty in connection with the sale uses an agent or proxy to acquire the property, does Section 527 explicitly address this situation?

• (A) Yes — it explicitly prohibits acquisition through an agent or proxy
• (B) Yes — it explicitly permits acquisition through an agent or proxy
• (C) Yes — it requires prior approval for acquisition through an agent
• (D) No — the provision does not explicitly address acquisition through agents or proxies

33.Does Section 527 prohibit a public servant who has no duty to perform in connection with the sale from purchasing or bidding for the property?

• (A) No — the provision forbids only non-duty-holders from buying
• (B) No — the prohibition applies only to public servants who have a duty in connection with the sale
• (C) Yes — the provision bars all public servants from purchasing property under this Sanhita
• (D) Yes — it bars any person associated with the public servant from purchasing

34.If a public servant has completed the duties connected with a particular sale (i.e., they no longer 'have any duty to perform'), does Section 527, as worded, continue to prohibit them from purchasing or bidding for that property?

• (A) Yes — the prohibition continues even after the duties are completed
• (B) No — the prohibition applies only while the public servant 'has any duty to perform' in connection with the sale
• (C) Yes — it applies only after duties are completed to prevent post-factum advantage
• (D) No — it applies only to duties unrelated to the sale

35.What does Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 expressly preserve?

• (A) The inherent powers of the High Court
• (B) The inherent powers of the Supreme Court
• (C) Statutory powers of trial courts
• (D) Executive powers of the State government

36.Does Section 528 preserve the inherent powers of subordinate courts to prevent abuse of the court process?

• (A) Yes — it preserves inherent powers of both High Courts and subordinate courts
• (B) No — it preserves only the inherent powers of the High Court
• (C) Yes — but only if the High Court directs them to act
• (D) No — it abolishes inherent powers to prevent abuse

37.Under Section 528, can the High Court make orders under its inherent powers that are necessary to give effect to an order made under the Sanhita?

• (A) Only if Parliament gives express approval
• (B) Only if the Supreme Court has previously approved such orders
• (C) No — the High Court cannot make such orders
• (D) Yes — it may make such orders as may be necessary to give effect to any order under this Sanhita

38.Does Section 528 authorize the High Court to make orders that are inconsistent with the express provisions of the Sanhita?

• (A) No — it preserves inherent powers but does not state that the High Court may override the Sanhita's provisions
• (B) Yes — it allows the High Court to override any provision of the Sanhita
• (C) Yes — but only where the Sanhita is silent on the point
• (D) Yes — but only with the consent of the parties to the proceedings

39.Under Section 529, who is mandated to exercise superintendence over the Courts of Session and Courts of Judicial Magistrates?

• (A) Every High Court
• (B) The Supreme Court
• (C) The State Government
• (D) The District Judge

40.Which courts are specifically mentioned in Section 529 as being subject to the High Court's superintendence?

• (A) All subordinate courts including tribunals and civil courts
• (B) Only Civil Courts
• (C) Courts of Session and Courts of Judicial Magistrates
• (D) Family and Commercial Courts only

41.According to Section 529, what must the High Court ensure through its exercise of superintendence over subordinate courts?

• (A) Only that cases are disposed of within a fixed time limit
• (B) That there is an expeditious and proper disposal of cases
• (C) That Judges and Magistrates follow administrative directions only
• (D) That only criminal cases are expedited

42.Under Section 529, may the High Court itself directly dispose of the cases of subordinate Courts of Session and Judicial Magistrates in order to ensure expeditious and proper disposal?

• (A) Yes, it may directly dispose of those cases when necessary
• (B) No, it may only issue administrative directions to registries
• (C) No, it must ensure disposal by the Judges and Magistrates themselves
• (D) Yes, but only in appeals from Magistrates' courts

43.What does Section 530 of the Bharatiya Nagarik Suraksha Sanhita, 2023 primarily permit?

• (A) Trials, inquiries and proceedings may be held in electronic mode
• (B) All trials must be conducted in person and cannot use electronic means
• (C) Use of audio-video electronic means is expressly prohibited
• (D) Section 530 applies only to civil matters and not criminal matters

44.Which of the following is specifically listed in Section 530 as an activity that may be held in electronic mode?

• (A) Sentencing hearings
• (B) Examination of complainant and witnesses
• (C) Police arrest procedures
• (D) Appointment of judges

45.Does Section 530 make electronic mode compulsory for all trials and proceedings under the Sanhita?

• (A) Yes — electronic mode is mandatory for all proceedings under the Sanhita
• (B) No — it completely forbids electronic mode
• (C) No — it permits proceedings to be held in electronic mode (i.e., it is optional)
• (D) Yes — but only for appellate proceedings

46.Is the scope of Section 530's electronic-mode permission applicable to proceedings under other statutes outside the Bharatiya Nagarik Suraksha Sanhita?

• (A) Yes — it applies to proceedings under any statute
• (B) No — it applies only to trials, inquiries and proceedings under this Sanhita
• (C) Yes — but only if the parties consent
• (D) No — it applies only to non-criminal matters under other laws

47.What is the effect of Section 531(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023?

• (A) It repeals the Code of Criminal Procedure, 1973.
• (B) It amends certain provisions of the Code of Criminal Procedure, 1973.
• (C) It saves pending proceedings under the Code of Criminal Procedure, 1973.
• (D) It creates a new Code to replace the Code of Criminal Procedure, 1973 while keeping the old Code intact.

48.Under Section 531(2)(a), how should an appeal, application, trial, inquiry or investigation that was pending immediately before the Sanhita's commencement be dealt with?

• (A) They shall be transferred to the Sanhita and decided entirely under its provisions.
• (B) They shall be disposed of, continued, held or made in accordance with the Code of Criminal Procedure, 1973 as in force immediately before commencement, as if the Sanhita had not come into force.
• (C) They are automatically abated and must be re-filed under the Sanhita.
• (D) They shall be subject to the choice of the parties to proceed under either the old Code or the Sanhita.

49.Which statement correctly describes the treatment under Section 531(2)(b) of notifications, proclamations, powers, forms, local jurisdictions, sentences, orders, rules and appointments made under the Code of Criminal Procedure, 1973?

• (A) They are all invalidated and must be reissued under the Sanhita.
• (B) They remain valid but are subject to revalidation by a court order.
• (C) They shall be deemed to have been published, issued, conferred, specified, defined, passed or made under the corresponding provisions of the Sanhita, except appointments as Special Magistrates.
• (D) Only sentences and orders are deemed under the Sanhita, while notifications and rules lapse.

50.If a sanction or consent was accorded under the Code of Criminal Procedure, 1973 but no proceeding was commenced before the Sanhita came into force, what does Section 531(2)(c) provide?

• (A) The sanction or consent lapses and must be re-obtained under the Sanhita.
• (B) Proceedings may be commenced only if a fresh sanction is obtained under the Sanhita.
• (C) The sanction or consent is deemed to have been accorded under the Code and may be used only for administrative actions.
• (D) The sanction or consent shall be deemed to have been accorded or given under the corresponding provisions of this Sanhita and proceedings may be commenced under this Sanhita in pursuance of such sanction or consent.