64 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.261
Under Section 261 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when is the Magistrate required to act as prescribed by this section?
- A.When, in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial.✓ correct
- B.When the accused is convicted after trial.
- C.In any summons-case at any stage of proceedings.
- D.When the police apply for a search warrant before trial begins.
Why: The provision states: "When, in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial..." This identifies the precise situation when Section 261 applies.
Read Section 261 — Compliance with section 230 →Q2 · easy · BNSS S.261
What duty does Section 261 impose on the Magistrate at the commencement of the trial in the specified situation?
- A.To record the statement of the accused under oath.
- B.To remand the accused to police custody.
- C.To satisfy himself that he has complied with the provisions of section 230.✓ correct
- D.To discharge the accused if charges are not framed.
Why: Section 261 provides that the Magistrate "shall satisfy himself that he has complied with the provisions of section 230." Thus the Magistrate's duty is to ensure compliance with section 230 before proceeding.
Read Section 261 — Compliance with section 230 →Q3 · medium · BNSS S.261
Does Section 261 apply to a summons-case rather than a warrant-case?
- A.Yes — it applies to all criminal cases regardless of mode of institution.
- B.No — it applies specifically to warrant-cases instituted on a police report.✓ correct
- C.Yes — but only if the accused voluntarily appears.
- D.Only after framing of charges in a summons-case.
Why: The provision expressly begins with "When, in any warrant-case instituted on a police report..." so its application is confined to warrant-cases instituted on a police report and not to summons-cases.
Read Section 261 — Compliance with section 230 →Q4 · medium · BNSS S.261
If the accused does not appear and is not brought before the Magistrate at the commencement of the trial, does Section 261 require the Magistrate to satisfy himself about compliance with section 230 at that time?
- A.Yes — the Magistrate must satisfy himself in all circumstances.
- B.Yes — but only if the prosecution requests it.
- C.Only if the accused is represented by counsel at the commencement.
- D.No — the obligation arises when the accused "appears or is brought before a Magistrate at the commencement of the trial."✓ correct
Why: Section 261 is triggered "When... the accused appears or is brought before a Magistrate at the commencement of the trial," so if the accused is not present or not brought at that time the specific obligation in Section 261 does not arise.
Read Section 261 — Compliance with section 230 →Q5 · hard · BNSS S.261
Who specifically must the Magistrate satisfy regarding compliance with section 230 under Section 261?
- A.That the police have complied with section 230.
- B.That the court staff have complied with section 230.
- C.That he (the Magistrate) has complied with the provisions of section 230.✓ correct
- D.That counsel for the accused has complied with section 230.
Why: The wording of Section 261 requires the Magistrate to "satisfy himself that he has complied with the provisions of section 230," which means the Magistrate must ensure his own compliance with section 230.
Read Section 261 — Compliance with section 230 →59 more questions on Trial Of Warrant-Cases By Magistrates
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