65 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.379
Under Section 379, after such preliminary inquiry as it thinks necessary, which of the following actions may a Court take when it is of opinion that an inquiry should be made into an offence referred to in clause (b) of sub-section (1) of section 215?
- A.Record a finding to that effect only
- B.Make a complaint in writing only
- C.Send the matter to a Magistrate only
- D.Any of the above actions (record finding, make complaint, or send to a Magistrate) as appropriate✓ correct
Why: Sub-section (1) authorises a Court, after any preliminary inquiry, to record a finding, make a complaint, send it to a Magistrate, take security or send the accused in custody, and bind over witnesses. Thus the Court may take any of the listed actions as appropriate.
Read Section 379 — Procedure in cases mentioned in section 215 →Q2 · easy · BNSS S.379
Who shall sign a complaint made under Section 379 when the Court making the complaint is a High Court?
- A.The Chief Justice of the High Court
- B.Such officer of the Court as the High Court may appoint✓ correct
- C.The presiding officer of the subordinate Court
- D.Any Magistrate with jurisdiction
Why: Sub-section (3)(a) provides that where the Court making the complaint is a High Court, the complaint shall be signed by such officer of the Court as the Court may appoint.
Read Section 379 — Procedure in cases mentioned in section 215 →Q3 · medium · BNSS S.379
If a Court has neither made a complaint under Section 379 nor rejected an application for making such complaint, who may exercise the powers conferred by sub-section (1) in respect of that offence?
- A.The same Court alone
- B.A Magistrate of the first class having jurisdiction
- C.The Court to which such former Court is subordinate (as per sub-section (4) of section 215)✓ correct
- D.Only the High Court
Why: Sub-section (2) expressly permits the power conferred by sub-section (1) to be exercised by the Court to which the former Court is subordinate (within the meaning of sub-section (4) of section 215) where the former Court has neither made the complaint nor rejected the application.
Read Section 379 — Procedure in cases mentioned in section 215 →Q4 · medium · BNSS S.379
Under Section 379, when may the Court send the accused in custody to a Magistrate of the first class?
- A.Whenever the Court believes it will aid the investigation
- B.If the alleged offence is non-bailable and the Court thinks it necessary to do so✓ correct
- C.Only when the accused has been previously convicted
- D.Only upon the request of the complainant
Why: Sub-section (1)(d) specifies that the Court may take security for appearance or, if the alleged offence is non-bailable and the Court thinks it necessary, send the accused in custody to the Magistrate. The custody option is tied to non-bailable offences and the Court's view of necessity.
Read Section 379 — Procedure in cases mentioned in section 215 →Q5 · hard · BNSS S.379
Which statement correctly describes who must sign a complaint under Section 379 in courts other than the High Court?
- A.The presiding officer of the Court or such officer of the Court as the Court may authorise in writing✓ correct
- B.Any officer of the Court without written authorisation
- C.Only an officer appointed by the High Court
- D.The Magistrate to whom the complaint is sent
Why: Sub-section (3)(b) states that in any other case (i.e., courts other than the High Court), the complaint shall be signed by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing.
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