50 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.436
Under Section 436 of the Bharatiya Nagarik Suraksha Sanhita, when must a court "state a case" and refer it to the High Court?
- A.When the court is satisfied the case involves a question as to the validity of an Act, Ordinance or Regulation necessary for disposal and it is of opinion that such provision is invalid or inoperative but has not been so declared by the High Court or Supreme Court.✓ correct
- B.When the accused pleads guilty and requests clarification from the High Court.
- C.Whenever any party raises any procedural objection during trial.
- D.Only when the Supreme Court has already ruled on the point.
Why: Sub-section (1) requires a court to state a case and refer it when it is satisfied the case involves a question as to the validity of an Act, Ordinance or Regulation necessary for disposal and the court is of opinion the provision is invalid or inoperative, but it has not been so declared by the subordinate High Court or the Supreme Court.
Read Section 436 — Reference to High Court →Q2 · easy · BNSS S.436
What is the meaning of "Regulation" for the purposes of Section 436 as given in the Explanation?
- A.Any municipal by-law or local body rule.
- B.Any rule made by an administrative authority without statutory basis.
- C.Any Regulation as defined in the General Clauses Act, 1897 or in the General Clauses Act of a State.✓ correct
- D.Only Rules made under a delegated legislation provision in a statute.
Why: The Explanation to Section 436 expressly states that "Regulation" means any Regulation as defined in the General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act of a State.
Read Section 436 — Reference to High Court →Q3 · medium · BNSS S.436
If a subordinate court is of the opinion that a statutory provision is invalid, but the High Court to which it is subordinate has already declared that provision invalid, can the subordinate court refer the question under Section 436(1)?
- A.Yes, the subordinate court must still refer the question to the High Court.
- B.No, sub-section (1) applies only if the provision has not already been so declared invalid by the High Court or the Supreme Court.✓ correct
- C.Yes, but only after obtaining leave from the High Court.
- D.Yes, provided the accused is committed to jail pending decision.
Why: Sub-section (1) applies when the court is of opinion the provision is invalid "but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court"; if the High Court has already declared it invalid, sub-section (1) does not require a further reference.
Read Section 436 — Reference to High Court →Q4 · medium · BNSS S.436
Under Section 436(2), may a Court of Session refer a question of law to the High Court in a case where sub-section (1) does not apply?
- A.No, only questions of validity under sub-section (1) can be referred.
- B.No, only the High Court may initiate such references.
- C.Yes, but only with the consent of the accused.
- D.Yes, a Court of Session may, if it thinks fit, refer any question of law arising in the hearing of such a case.✓ correct
Why: Sub-section (2) expressly provides that a Court of Session may, if it thinks fit in any case pending before it to which sub-section (1) does not apply, refer for the decision of the High Court any question of law arising in the hearing of such case.
Read Section 436 — Reference to High Court →Q5 · hard · BNSS S.436
Which court specifically is given power under Section 436(2) to refer questions of law (not concerning validity) to the High Court?
- A.Court of Session only.✓ correct
- B.Any subordinate Magistrate or Court.
- C.The High Court itself.
- D.The Supreme Court.
Why: Section 436(2) specifically grants this referral power to a Court of Session, stating that a Court of Session may refer any question of law arising in the hearing of a case to the High Court where sub-section (1) does not apply.
Read Section 436 — Reference to High Court →45 more questions on Reference And Revision
Drill them interactively — instant feedback, links to every provision, and your accuracy tracked on the syllabus map. Free.
Start the free drill →Questions are AI-generated from the legal text, machine-verified against the provision, and editorially reviewable. Education, not legal advice.