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.497
Who may make orders for the proper custody of property produced before a court during investigation, inquiry or trial under Section 497?
- A.Any Criminal Court or the Magistrate empowered to take cognizance or commit the case for trial✓ correct
- B.The Police Officer in charge of the investigation
- C.The State Government
- D.The High Court exercising supervisory jurisdiction
Why: Section 497(1) expressly states that the Court or the Magistrate empowered to take cognizance or commit the case for trial may make such order for the proper custody of property produced before it. There is no grant of this power to the police, State Government or High Court in this provision.
Read Section 497 — Order for custody and disposal of property pending trial in certain cases →Q2 · easy · BNSS S.497
Within what period must the Court or Magistrate prepare a statement describing the property produced before it under Section 497?
- A.Seven days from the production of the property
- B.Fourteen days from the production of the property✓ correct
- C.Thirty days from the production of the property
- D.Sixty days from the production of the property
Why: Section 497(2) requires the Court or Magistrate to prepare a statement of the property within a period of fourteen days from the production of the property before it. The other time periods are not provided in this subsection.
Read Section 497 — Order for custody and disposal of property pending trial in certain cases →Q3 · medium · BNSS S.497
If property produced before the Court is subject to speedy and natural decay, what may the Court do according to Section 497(1)?
- A.Retain the property in custody until the conclusion of the trial and not permit disposal
- B.Order immediate destruction without recording any evidence
- C.After recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of✓ correct
- D.Deliver the property immediately to the accused or owner without any conditions
Why: Section 497(1) provides that if the property is subject to speedy and natural decay, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. It does not permit disposal without recording such evidence or immediate unconditional delivery to the owner.
Read Section 497 — Order for custody and disposal of property pending trial in certain cases →Q4 · medium · BNSS S.497
Which of the following is included within the definition of "property" in the Explanation to Section 497?
- A.Only immovable property not produced before the Court
- B.Only oral statements about property not reduced to document
- C.Only property seized by the police during investigation
- D.Property of any kind or document produced before the Court or property regarding which an offence appears to have been committed or used for an offence✓ correct
Why: The Explanation to Section 497 states that "property" includes (a) property of any kind or document which is produced before the Court or in its custody and (b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence. Thus both kinds are included.
Read Section 497 — Order for custody and disposal of property pending trial in certain cases →Q5 · hard · BNSS S.497
Under what condition may the Court order the sale or disposal of perishable property under Section 497(1)?
- A.As soon as the property is produced, without any further procedure
- B.Only after recording such evidence as it thinks necessary✓ correct
- C.Only with the consent of the accused or owner
- D.Only after the conclusion of the trial
Why: Section 497(1) specifies that the Court may, if the property is subject to speedy and natural decay, order it to be sold or otherwise disposed of only after recording such evidence as it thinks necessary. The provision does not make sale contingent on consent or on conclusion of trial, nor does it allow disposal without recording evidence.
Read Section 497 — Order for custody and disposal of property pending trial in certain cases →40 more questions on Disposal Of Property
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