Practice paper — BNSS Chapter XXXVI — Disposal Of Property

1.Who may make orders for the proper custody of property produced before a court during investigation, inquiry or trial under Section 497?

• (A) Any Criminal Court or the Magistrate empowered to take cognizance or commit the case for trial
• (B) The Police Officer in charge of the investigation
• (C) The State Government
• (D) The High Court exercising supervisory jurisdiction

2.Within what period must the Court or Magistrate prepare a statement describing the property produced before it under Section 497?

• (A) Seven days from the production of the property
• (B) Fourteen days from the production of the property
• (C) Thirty days from the production of the property
• (D) Sixty days from the production of the property

3.If property produced before the Court is subject to speedy and natural decay, what may the Court do according to Section 497(1)?

• (A) Retain the property in custody until the conclusion of the trial and not permit disposal
• (B) Order immediate destruction without recording any evidence
• (C) After recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of
• (D) Deliver the property immediately to the accused or owner without any conditions

4.Which of the following is included within the definition of "property" in the Explanation to Section 497?

• (A) Only immovable property not produced before the Court
• (B) Only oral statements about property not reduced to document
• (C) Only property seized by the police during investigation
• (D) Property of any kind or document produced before the Court or property regarding which an offence appears to have been committed or used for an offence

5.Under what condition may the Court order the sale or disposal of perishable property under Section 497(1)?

• (A) As soon as the property is produced, without any further procedure
• (B) Only after recording such evidence as it thinks necessary
• (C) Only with the consent of the accused or owner
• (D) Only after the conclusion of the trial

6.Under Section 498(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when an investigation, inquiry or trial is concluded, the Court or Magistrate may order which of the following in respect of property produced before it?

• (A) Confiscation only
• (B) Destruction only
• (C) Delivery to the State only
• (D) Destruction, confiscation or delivery to any person claiming to be entitled (or otherwise)

7.Which officer may a Court of Session direct property to be delivered to instead of itself under Section 498(3)?

• (A) The District Collector
• (B) The Chief Judicial Magistrate
• (C) The Senior Superintendent of Police
• (D) The Registrar of the High Court

8.Under Section 498(2), the Court may order delivery of property to a claimant on condition that the claimant executes a bond. Which of the following correctly states the condition permitted by the provision?

• (A) A bond, with or without securities, engaging to restore the property if the order is modified or set aside on appeal or revision
• (B) A bond only if it is accompanied by government guarantee
• (C) An unconditional delivery without any bond in all cases
• (D) A bond that can be enforced only after five years

9.Section 498(4) provides a general non-execution period for orders made under subsection (1). Which of the following is an exception to that two-month/non-appeal execution bar?

• (A) Where the property is livestock
• (B) Where the property is immovable and registered
• (C) Where no appeal has been filed within one year
• (D) Where the property is in police custody only

10.Under Section 498(5), which description best captures the statutory definition of 'property' where an offence appears to have been committed?

• (A) Only the property originally in the possession or control of a party at the time of the offence
• (B) Only property presently in the court's custody
• (C) Property originally in possession or control and also any property into or for which it may have been converted or exchanged, including anything acquired by such conversion whether immediately or otherwise
• (D) Only property that was immediately acquired by any conversion or exchange

11.Under Section 499 of the Bharatiya Nagarik Suraksha Sanhita, 2023, who may apply to the Court for payment out of money taken from a convicted person?

• (A) The purchaser who bought the stolen property without knowing or having reason to believe it was stolen
• (B) The convicted person
• (C) The person entitled to possession of the stolen property
• (D) The police officer who made the arrest

12.What is the statutory time limit within which the Court must have the ordered sum delivered to the purchaser under Section 499?

• (A) Within one month from the date of such order
• (B) Within six months from the date of such order
• (C) Within one year from the date of conviction
• (D) No specific time limit is prescribed

13.Under Section 499, what is the maximum amount the Court may order to be delivered to an innocent purchaser?

• (A) An amount equal to the market value of the property
• (B) Any amount the Court considers equitable
• (C) A sum not exceeding the price paid by such purchaser
• (D) Only the entire amount of money seized, regardless of the price paid

14.Which of the following conditions must be fulfilled before the Court may order payment to the purchaser under Section 499?

• (A) The purchaser must apply; restitution of the stolen property is not required
• (B) Restitution to the person entitled is required, but the purchaser need not apply
• (C) The Court may order payment automatically if money was seized on arrest
• (D) Both an application by the purchaser and restitution of the stolen property to the person entitled must have occurred

15.If the money taken out of the possession of the convicted person on arrest is less than the price paid by the innocent purchaser, what does Section 499 permit?

• (A) Only a sum drawn from that seized money may be delivered, and that sum cannot exceed the price paid by the purchaser
• (B) The Court may order the State to pay the purchaser the remaining difference
• (C) The purchaser is entitled to the full price paid regardless of the amount of seized money
• (D) The purchaser receives nothing until an amount at least equal to the price is available

16.Under Section 500, who is entitled to prefer an appeal against an order made under sections 498 or 499?

• (A) Any person aggrieved by the order
• (B) Only the accused person convicted by the former Court
• (C) Only the Public Prosecutor
• (D) Only the complainant who filed the original complaint

17.Section 500 permits appeals against orders made under which provisions?

• (A) Orders made under section 497 only
• (B) Orders made under section 498 or section 499
• (C) Orders made under section 500 or 501
• (D) Any order under the Code of Criminal Procedure

18.Which of the following powers does the Appellate Court have on an appeal under Section 500?

• (A) It can only remit the matter to the trial court for fresh hearing
• (B) It may confirm the order but cannot alter it
• (C) It may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just
• (D) It can set aside the appeal without any further orders

19.Can the powers described in sub-section (2) be exercised by a Court of appeal, confirmation or revision?

• (A) No, only the Appellate Court hearing the appeal has those powers
• (B) Yes, but only after a fresh appeal is filed
• (C) Yes, but only by a Court of confirmation and not by a Court of revision
• (D) Yes. Those powers may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order was made

20.Is the Appellate Court required to stay the order pending disposal of the appeal under Section 500?

• (A) Yes, the stay is automatic upon filing the appeal
• (B) No. The Appellate Court may direct the order to be stayed, indicating it is discretionary
• (C) Yes, but only if the original Court certifies the urgency
• (D) No, the Appellate Court cannot stay the order under any circumstance

21.Under Section 501(1) of the Bharatiya Nagarik Suraksha Sanhita, on a conviction under which provisions may the Court order destruction of all the copies of the thing in respect of which the conviction was had?

• (A) On conviction under section 294, section 295, or sub-sections (3) and (4) of section 356
• (B) On conviction under sections 274, 275, 276 or 277
• (C) Only on conviction under section 294
• (D) Only on conviction under sub-sections (1) and (2) of section 356

22.What kinds of items does Section 501(2) permit the Court to order destroyed on a conviction under sections 274–277 of the Bharatiya Nyaya Sanhita?

• (A) Copies of publications or written matter
• (B) Food, drink, drug or medical preparation
• (C) All movable property of the convicted person
• (D) Court records and files

23.According to Section 501(1), destruction of "all the copies of the thing" may be ordered where those copies are located:

• (A) Anywhere in the possession of the public generally
• (B) Only in public institutions and libraries
• (C) In the custody of the Court or in the possession or power of the person convicted
• (D) Wherever the original thing is located

24.Can the Court use Section 501(1) to order destruction of food, drink or drugs following a conviction under section 275?

• (A) Yes, because subsection (1) covers all items related to the conviction
• (B) Yes, but only if the consumables are in the custody of the Court
• (C) No, because subsection (1) only concerns copies of the thing and not consumables
• (D) No, because subsection (2) specifically provides for destruction of food, drink, drug or medical preparation on convictions under sections 274–277

25.If copies of the thing are held by a private third party who is neither the convicted person nor the Court, may the Court order their destruction under Section 501(1)?

• (A) Yes, the Court may order destruction of any copies related to the conviction wherever held
• (B) No, Section 501(1) authorises destruction only of copies in the custody of the Court or in the possession or power of the person convicted
• (C) Yes, but only after the Court first takes the copies into its custody
• (D) Only if the copies are food, drink, drug or medical preparation

26.Under Section 502(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when may the Court order restoration of possession of immovable property?

• (A) When a person is convicted of an offence by use of criminal force or show of force or by criminal intimidation and the Court finds that by such use any person has been dispossessed of immovable property.
• (B) When any person is merely charged with an offence involving force or intimidation, even before conviction.
• (C) When a civil court has awarded possession in a related civil suit.
• (D) When property is lost or misplaced without any criminal force or intimidation.

27.What is the time limit within which a Court must make an order under Section 502(1) after conviction?

• (A) There is no specified time limit; the Court may act at any time after conviction.
• (B) Within three months after the date of conviction.
• (C) Only before the sentence is executed.
• (D) Not more than one month after the date of the conviction.

28.If the trial Court did not make an order under subsection (1), which court(s) may make such an order under subsection (2)?

• (A) The Court of appeal, confirmation or revision while disposing of the appeal, reference or revision.
• (B) Only a civil court hearing a subsequent suit for possession.
• (C) Any executive authority on administrative review.
• (D) Only the Supreme Court in a review petition.

29.Which provision is stated to apply to an order made under subsection (1) of Section 502 "as they apply in relation to an order under section 499"?

• (A) Section 499 applies in full to orders under Section 502(1).
• (B) Section 501 applies in relation to such orders.
• (C) Section 500 applies in relation to such orders.
• (D) No other provision applies by reason of Section 502(3).

30.Does an order under Section 502 (for restoration of possession) extinguish or prejudice any person's right or interest in the immovable property enforceable in a civil suit?

• (A) Yes — an order of restoration under Section 502 conclusively determines all civil rights and prevents further civil claims.
• (B) No — any right or interest which a person may be able to establish in a civil suit is not prejudiced by an order under Section 502.
• (C) Yes, but only if the order is made within one month of conviction.
• (D) No, unless the person in possession was an innocent third party, in which case civil rights are extinguished.

31.When seizure of property is reported to a Magistrate and the property is not produced before a Criminal Court during an inquiry or trial, who may make orders respecting the disposal or delivery of such property?

• (A) A police officer
• (B) A Magistrate
• (C) A Sessions Judge
• (D) The High Court

32.If the person entitled to possession of seized property is known, what power does the Magistrate have under the provision?

• (A) Order the property to be delivered to that person on such conditions (if any) as the Magistrate thinks fit
• (B) Detain the property and issue a proclamation
• (C) Confiscate the property for the State without conditions
• (D) Return the property to the police for safekeeping

33.Where the person entitled to seized property cannot be ascertained, what is the Magistrate required to do under the provision?

• (A) Deliver the property to the State Government
• (B) Hand the property over to the police for indefinite custody
• (C) Detain the property and issue a proclamation specifying the articles and requiring claimants to appear within six months
• (D) Sell the property immediately and hold proceeds pending claim

34.Can the Magistrate, under this provision, deliver seized property to a person who is not entitled to possession?

• (A) Yes, the Magistrate may deliver to anyone who requests it
• (B) Yes, but only after issuing a proclamation
• (C) Yes, but only with police approval
• (D) No, the Magistrate may deliver only to the person entitled to possession

35.When the Magistrate issues a proclamation because the entitled person is unknown, within what period must a claimant appear and establish his claim?

• (A) Within six months from the date of such proclamation
• (B) Within six months from the date of seizure
• (C) Within three months from the date of such proclamation
• (D) Within one year from the date of such proclamation

36.If no person establishes his claim to property within six months and the person in whose possession the property was found is unable to show it was legally acquired by him, what may the Magistrate do under Section 504(1)?

• (A) Direct that the property shall be at the disposal of the State Government and may be sold by that Government.
• (B) Confiscate the property and transfer it to the Central Government without sale.
• (C) Return the property to the possessor regardless of legal acquisition.
• (D) Order destruction of the property immediately.

37.According to Section 504(1), how are the proceeds of any sale of such property to be handled?

• (A) Returned to any claimant who appears after the sale.
• (B) Retained by the Magistrate for court expenses.
• (C) Dealt with in such manner as the State Government may, by rules, provide.
• (D) Credited to the Consolidated Fund of India.

38.To which forum does an appeal lie against an order made under Section 504(1)?

• (A) A Special Tribunal appointed under State law.
• (B) The Court to which appeals ordinarily lie from convictions by the Magistrate.
• (C) Directly to the High Court under its special powers.
• (D) To the Supreme Court as a first appellate forum.

39.If the person in whose possession the property was found is able to show that it was legally acquired, what follows under Section 504(1)?

• (A) The Magistrate must still direct the property to be at the disposal of the State Government.
• (B) The property shall automatically be sold by the State Government.
• (C) The Magistrate shall sentence the possessor for wrongful possession.
• (D) The Magistrate would not (on that ground) direct the property to be at the disposal of the State Government and sold, since the direction is conditioned on inability to show legal acquisition.

40.Does Section 504(1) make sale of the property mandatory once the Magistrate directs the property to be at the disposal of the State Government?

• (A) Yes — the property must be sold by the State Government.
• (B) No — both the Magistrate's direction and any sale are expressed as discretionary ('may').
• (C) Yes — the sale is mandatory and proceeds must be given to the Central Government.
• (D) No — the Magistrate must instead hand the property to the possessor.

41.Under Section 505 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in which circumstance may a Magistrate direct the sale of seized property?

• (A) When the person entitled to possession is unknown or absent and the property is subject to speedy and natural decay.
• (B) Whenever the property is perishable, regardless of whether the person entitled to possession is known or present.
• (C) Only when the property value is less than or equal to ten thousand rupees.
• (D) Only with the written consent of the person entitled to possession.

42.According to Section 505, what monetary threshold (by value) permits the Magistrate to direct the sale of seized property?

• (A) Less than one thousand rupees.
• (B) Less than five thousand rupees.
• (C) Less than ten thousand rupees.
• (D) Ten thousand rupees or less.

43.If the owner entitled to possession is present but the property is subject to speedy and natural decay, can the Magistrate direct sale under the perishable-property ground in Section 505?

• (A) Yes — the perishable nature alone suffices for sale.
• (B) No — the perishable-property ground requires the person entitled to possession to be unknown or absent; sale may still be ordered only if the Magistrate opines it would benefit the owner or the value is less than ten thousand rupees.
• (C) Yes — but only with the owner's written consent.
• (D) No — the Magistrate can never order sale of perishable property while the owner is present.

44.Must the person entitled to possession be unknown or absent before the Magistrate can direct sale on the ground that 'its sale would be for the benefit of the owner' under Section 505?

• (A) Yes, the owner must be unknown or absent for that ground to apply.
• (B) Yes, and the property must also be perishable.
• (C) Only if the value is less than ten thousand rupees.
• (D) No, the Magistrate's opinion that sale would benefit the owner is an independent ground and does not require the owner to be unknown or absent.

45.If a seized item's value is exactly ten thousand rupees, can the Magistrate order its sale solely on the basis of the value-ground in Section 505?

• (A) Yes — equal to the threshold qualifies for sale under the value-ground.
• (B) Yes — but only if the Magistrate also believes sale would benefit the owner.
• (C) No — the provision specifies 'less than ten thousand rupees', so an exact value of ten thousand rupees does not fall within that ground.
• (D) Only if sections 503 and 504 explicitly authorize sale at that value.