19 exam-style questions on this chapter, written from the actual legal text and tagged for UPSC, Judiciary and CLAT. Five are shown below with answers and explanations — the rest are in the free interactive drill.
Q1 · easy · BNSS S.223
Under Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, what must a Magistrate do while taking cognizance of an offence on complaint?
- A.Examine on oath the complainant and any witnesses present, reduce the substance of such examination to writing, and have it signed by the complainant, witnesses and the Magistrate.✓ correct
- B.Immediately issue a warrant and commit the accused to custody.
- C.Proceed to a full trial without recording any statements.
- D.Send the complaint to the police for investigation before any examination.
Why: Section 223(1) expressly requires the Magistrate to examine upon oath the complainant and any witnesses present, reduce the substance of that examination to writing, and have it signed by the complainant, witnesses and the Magistrate. The other listed actions are not mandated by this provision at the cognizance stage.
Read Section 223 — Examination of complainant →Q2 · easy · BNSS S.223
According to Section 223(1) proviso, when need a Magistrate not examine the complainant and witnesses if the complaint is made in writing?
- A.If the accused pleads guilty in open court.
- B.If the complaint in writing is made by a public servant acting in discharge of official duties or by a Court.✓ correct
- C.If the complainant is not physically present in court.
- D.If the accused is already under arrest.
Why: The proviso to Section 223(1) states that when the complaint is made in writing, the Magistrate need not examine the complainant and witnesses if a public servant (acting in discharge of official duties) or a Court has made the complaint. The other scenarios are not specified as grounds for not examining under this proviso.
Read Section 223 — Examination of complainant →Q3 · medium · BNSS S.223
If a Magistrate examines the complainant and witnesses and then makes over the case to another Magistrate under section 212, what is required of the latter Magistrate under Section 223(1)?
- A.The latter Magistrate must re-examine the complainant and witnesses afresh.
- B.The latter Magistrate may re-examine them only with the accused's consent.
- C.The latter Magistrate need not re-examine the complainant and witnesses.✓ correct
- D.The latter Magistrate must re-examine them only if new evidence is produced.
Why: The proviso also states that if the Magistrate makes over the case to another Magistrate under section 212 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them. Re-examination is therefore not required in that circumstance.
Read Section 223 — Examination of complainant →Q4 · medium · BNSS S.223
Can a Magistrate take cognizance of an offence on complaint without giving the accused an opportunity of being heard under Section 223?
- A.Yes, the Magistrate can take cognizance immediately without hearing the accused.
- B.Only if the complaint is in writing and signed by the complainant.
- C.Only if witnesses are present and give sworn statements.
- D.No; the accused must be given an opportunity of being heard before cognizance is taken.✓ correct
Why: Section 223 contains a proviso that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard. Thus the accused must be afforded that opportunity prior to taking cognizance.
Read Section 223 — Examination of complainant →Q5 · hard · BNSS S.223
Before taking cognizance on a complaint against a public servant for an offence alleged to have been committed in the course of official duties, which of the following is required by Section 223(2)?
- A.Only a report containing facts from the officer superior is required; the public servant need not be heard.
- B.The public servant must be given an opportunity to make assertions and a report from the officer superior must be received.✓ correct
- C.The Magistrate must not examine the complainant and witnesses in such cases.
- D.Only the complainant’s written complaint is sufficient to take cognizance.
Why: Section 223(2) states two preconditions: (a) the public servant must be given an opportunity to make assertions about the situation, and (b) a report containing facts and circumstances from the officer superior must be received. Both conditions are required before taking cognizance.
Read Section 223 — Examination of complainant →14 more questions on Complaints To Magistrates
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