45 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.274
Under Section 274 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what must the Magistrate do when the accused appears in a summons-case?
- A.State the particulars of the offence to the accused and ask whether he pleads guilty or has any defence to make✓ correct
- B.Frame a formal charge and then ask for plea
- C.Convict the accused if the offence is minor
- D.Remand the accused to police custody for further investigation
Why: The provision states that when in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence shall be stated to him and he shall be asked whether he pleads guilty or has any defence to make. It does not require framing a formal charge as a first step.
Read Section 274 — Substance of accusation to be stated →Q2 · easy · BNSS S.274
Is it necessary for the Magistrate to frame a formal charge in a summons-case according to Section 274?
- A.Yes, a formal charge must always be framed in a summons-case
- B.No, it shall not be necessary to frame a formal charge✓ correct
- C.Only if the accused denies the offence
- D.Only after the accused has been examined as a witness
Why: The provision expressly states that in a summons-case it shall not be necessary to frame a formal charge. The requirement is to state particulars and ask for plea or defence, without mandating a formal charge.
Read Section 274 — Substance of accusation to be stated →Q3 · medium · BNSS S.274
If the Magistrate considers the accusation groundless in a summons-case, what must the Magistrate do before releasing the accused so that the release has the effect of a discharge?
- A.Obtain a further report from the investigating officer
- B.Order interim bail pending further inquiry
- C.Record reasons in writing and then release the accused, which shall have the effect of discharge✓ correct
- D.Frame a formal charge and then dismiss it
Why: The proviso requires that if the Magistrate considers the accusation groundless he shall, after recording reasons in writing, release the accused and such release shall have the effect of discharge. Recording reasons in writing is therefore a precondition for release to operate as a discharge.
Read Section 274 — Substance of accusation to be stated →Q4 · medium · BNSS S.274
If the accused pleads guilty in a summons-case, is the Magistrate still required to frame a formal charge under Section 274?
- A.Yes, framing a formal charge is required when the accused pleads guilty
- B.No, framing a formal charge is not necessary in a summons-case✓ correct
- C.Only if the prosecution requests a formal charge
- D.Only if the accused withdraws the plea later
Why: Section 274 states that in a summons-case it shall not be necessary to frame a formal charge; instead particulars are to be stated and the accused asked for plea or defence. The provision does not make framing a formal charge a requirement even when plea is taken.
Read Section 274 — Substance of accusation to be stated →Q5 · hard · BNSS S.274
If the Magistrate releases an accused as groundless but fails to record reasons in writing, what is the effect of that release under Section 274?
- A.The release is nevertheless a discharge
- B.It results in remand pending fresh inquiry
- C.It leads to automatic conviction on other charges
- D.Such release will not have the effect of a discharge unless reasons were recorded in writing✓ correct
Why: The proviso makes clear that the Magistrate shall, after recording reasons in writing, release the accused and such release shall have the effect of discharge. If the reasons in writing are not recorded, the condition in the proviso is not satisfied and the release would not have the stated effect of discharge.
Read Section 274 — Substance of accusation to be stated →40 more questions on Trial Of Summons-Cases By Magistrates
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