Your Answer : (Not Answered)

Correct Answer : C

Community service is court ordered work that benefits the community, and which is not entitled to any remuneration.

The Explanation to Section 23 of the BNSS defines community service as work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.

It is ordered by the court as a sentence, not chosen voluntarily by the offender, and it is unpaid, so options A, B and D are wrong.

Your Answer : (Not Answered)

Correct Answer : D

The period that does not exist is seven years.

Section 514(2) of the BNSS bars a court from taking cognizance after the period of limitation, which is:

• six months, if the offence is punishable with fine only;
• one year, if punishable with imprisonment up to one year;
• three years, if punishable with imprisonment of more than one year but not more than three years.

There is no limitation period for offences punishable with more than three years, so a 'seven years' period for offences of three to seven years is not in the section.

Your Answer : (Not Answered)

Correct Answer : A

A judicial proceeding includes any proceeding in the course of which evidence is or may be legally taken on oath.

The BNSS, like the old Code, defines judicial proceeding as including any proceeding in the course of which evidence is or may be legally taken on oath. The test is whether evidence can lawfully be taken on oath, not the formality of the setting.

Options B, C and D all describe the opposite: settings that are not legal proceedings, where nothing is said on oath and statements are not evidence. They contradict the definition.

Your Answer : (Not Answered)

Correct Answer : C

Police custody is 15 days in a staggered manner within the first 40 or 60 days out of the detention period of 60 or 90 days.

Under Section 187 of the BNSS, a Magistrate may authorise police custody for not more than fifteen days in all, which may be taken in whole or in parts at any time during the initial forty days (where the total detention period is sixty days) or the initial sixty days (where it is ninety days).

Limiting it to the first 15 days of remand was the old rule under the CrPC, and option B places the 15 days anywhere in the 60 or 90 days, which the section does not allow.

Your Answer : (Not Answered)

Correct Answer : D

The one that is not a concept of the BNSS is digital arrest.

The BNSS does introduce the use of audio-video electronic means (for recording searches and seizures, examining witnesses and holding proceedings), recognises service and summons by electronic communication, and makes forensic examination of the crime scene mandatory for offences punishable with seven years or more.

'Digital arrest' is not a legal procedure at all. It is the name of a cyber fraud in which callers pose as police or other officials over video calls and claim the victim is under 'arrest' to extort money. No law in India permits arrest by video call.

Your Answer : (Not Answered)

Correct Answer : A

The search must be recorded by audio-video electronic means, preferably by mobile phone.

Section 105 of the BNSS requires the officer conducting a search or seizure to record the whole process, including preparing the list of seized items and its signing by witnesses, through audio-video electronic means, preferably a mobile phone, and to forward the recording to the Magistrate.

The law names the mobile phone as the preferred device, and a written case-diary entry does not satisfy this recording requirement, so options B, C and D are wrong.

Your Answer : (Not Answered)

Correct Answer : A

The ground that cannot justify refusing bail is that the offence is heinous and the child has been ordered to be tried as an adult.

Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 says a person apparently a child shall be released on bail, whether the offence is bailable or not, unless there are reasonable grounds to believe that release is likely to bring him into association with a known criminal, expose him to moral, physical or psychological danger, or defeat the ends of justice.

Those three are the only grounds for refusal, which is why the other three options are valid grounds. The gravity of the offence, or an order to try the child as an adult, is not among them.

Your Answer : (Not Answered)

Correct Answer : A

The key is may take charge of such record without any permission.

The Rajasthan High Court's General Rules on the preservation of record say that a Presiding Officer of a Court requiring to examine at his private residence a record of a case in his Court may take charge of it. The official in whose custody the record is kept must enter in a book a note of the record taken, the date it was taken and the date it was returned. The rule asks for an entry in a register, and does not ask for the permission of the District and Sessions Judge or of the High Court, which rules out the second and third options.

The fourth option, that he cannot take charge of the record, is wrong because the rule gives the power. The general rule that a Judge or Magistrate shall not part with the custody of a record is expressly subject to the rules, and this rule is one of them. I read this in the 2018 consolidated General Rules (Civil and Criminal), Order 40, and did not see the older 1980 criminal rules' text for the same rule, which was the one in force on the examination date.

Your Answer : (Not Answered)

Correct Answer : C

Cognizance is taken upon a complaint in writing made by a licensee or generating company.

Section 151 of the Electricity Act, 2003 says no court shall take cognizance of an offence under the Act except upon a complaint in writing made by the appropriate Government, the appropriate Commission, any of their officers authorised, a Chief Electrical Inspector or an Electrical Inspector, or a licensee or the generating company, as the case may be. The 2007 amendment also lets the court act on a police report.

Any member of the general public cannot complain, and an oral complaint, even by the Chief Electrical Inspector, does not satisfy the requirement of writing.

Your Answer : (Not Answered)

Correct Answer : C

The judgment is Rasiklal Dalpatram Thakkar vs. State of Gujarat and Ors., AIR 2010 SC 715.

In that case the Supreme Court held that the police cannot refuse to register or investigate a complaint of a cognizable offence on the ground that the offence was committed outside the station's territorial jurisdiction. Under Section 156(2) of the Code, no investigation can be called in question on that ground; the police may, after investigation, forward the case to the competent station.

The other cases are not the authority for this point. Y. Abraham Ajith (2004), for example, is about a Magistrate's territorial jurisdiction to try a complaint of cruelty, not about police registration of an FIR.

Your Answer : (Not Answered)

Correct Answer : C

The vehicle is not liable to confiscation if the owner proves that it was used in commission of the offence without his knowledge or connivance.

Section 60(3) of the NDPS Act makes any animal or conveyance used in carrying a drug liable to confiscation, unless the owner proves that it was so used without the knowledge or connivance of the owner, his agent and the person in charge, and that each of them took all reasonable precautions against such use.

The acquittal of the person using the vehicle does not by itself decide the owner's claim, and the burden lies on the owner to prove his innocence, not on the prosecution to lead evidence of ownership.

Your Answer : (Not Answered)

Correct Answer : D

The trial court can send the child to a place of safety.

Under the Juvenile Justice (Care and Protection of Children) Act, 2015, a child aged sixteen to eighteen accused of a heinous offence and ordered to be tried as an adult is not lodged in an adult jail. Section 49 requires each State to set up a place of safety for persons above eighteen and for such children, during inquiry and after conviction, and Section 19(3) keeps a child found in conflict with law in a place of safety until twenty-one.

Release after advice or admonition and release on probation are dispositions the Board can make under Section 18(1), not options in a trial as an adult, and crossing eighteen during the trial is no ground for dropping the proceedings.

Your Answer : (Not Answered)

Correct Answer : D

The answer is None of the above: the presumption applies in every one of these situations.

Section 3(i) of the Juvenile Justice (Care and Protection of Children) Act, 2015 states the principle of presumption of innocence: any child shall be presumed to be innocent of any mala fide or criminal intent up to the age of eighteen years. The Act lays it down as a general principle, without an exception for the gravity of the offence.

A charge of murder or gang rape does not displace the presumption, and an order under Sections 15 and 18(3) that a child aged sixteen to eighteen be tried as an adult only changes the forum and procedure, not the child's entitlement to be presumed innocent until found guilty.

Your Answer : (Not Answered)

Correct Answer : D

The application must be made within 30 days.

Section 290(1) of the BNSS, which carries forward the plea bargaining chapter of the old Code, now requires the accused to file the application for plea bargaining within thirty days from the date of framing of charge. The old Code set no such limit, so the accused could apply at any stage of the trial; the time limit is meant to make plea bargaining an early exit rather than a late tactic.

Seven, fifteen and sixty days are not the periods in the section.

Your Answer : (Not Answered)

Correct Answer : C

The heading procedure of arrest and duties of officer making arrest belongs to Section 41B of the Code of Criminal Procedure, 1973. The officer must bear an accurate, visible and clear identification of his name, prepare a memorandum of arrest attested by a witness, and have it countersigned by the arrested person, who is to be told of his right to have a relative informed.

Section 41A deals with the notice of appearance before a police officer, Section 41C with control rooms, and Section 44 with the arrest by a magistrate. They are separate provisions.

Your Answer : (Not Answered)

Correct Answer : A

The duty to inform a person arrested of the grounds of arrest and of the right to be released on bail is in Section 50 of the Code of Criminal Procedure, 1973. It applies to arrests without warrant and also requires the person to be told of the right to bail where the offence is bailable.

Section 41 sets out when the police may arrest without warrant, Section 59 deals with discharge of a person apprehended, and Section 112 is in the chapter on security for keeping the peace, where it relates to the order to show cause. Only Section 50 deals with informing the arrested person.

Your Answer : (Not Answered)

Correct Answer : C

Section 55 of the Code of Criminal Procedure, 1973 deals with the procedure when a police officer deputes a subordinate to arrest without warrant: the subordinate must be given a written order specifying the person to be arrested and the offence, and the subordinate must notify the substance of the order to the person arrested if required.

The examination of the accused by a medical practitioner at the request of a police officer is Section 53, the power to seize offensive weapons is Section 52, and discharge of a person apprehended is Section 59. These are the neighbouring sections in the chapter on arrest.

Your Answer : (Not Answered)

Correct Answer : B

Arrest of persons is dealt with in Chapter V of the Code of Criminal Procedure, 1973, which runs from Section 41 to Section 60A and covers arrest without warrant, the manner of arrest, the rights of the arrested person and the duties of the police.

Chapter IV of the Code concerns the powers of superior officers of police and the aid to magistrates and police, Chapter VI is about processes to compel appearance (summons, warrant, proclamation and attachment), and the Code has no Chapter XX concerned with arrest; Chapter XX deals with the trial of summons cases by magistrates. So only Chapter V fits.

Your Answer : (Not Answered)

Correct Answer : D

All three pairs are correct, so the answer is A, B and C. Section 389 of the Code of Criminal Procedure deals with suspension of the sentence pending the appeal and release of the appellant on bail, Section 390 with the arrest of the accused in an appeal from an acquittal, and Section 391 with the power of the appellate court to take further evidence or direct it to be taken.

The options naming only A, only B and C, or only C leave out a correct pair, so only the one listing all three is complete.

Your Answer : (Not Answered)

Correct Answer : D

The provision is Section 125 of the CrPC.

Section 125 lets a Magistrate order a person with sufficient means to pay a monthly allowance to a wife, a child or a father or mother who is unable to maintain themselves. It is a summary remedy meant to prevent vagrancy and destitution, available irrespective of personal law. Under the BNSS, 2023 the same remedy now sits in Section 144.

The other sections are different: Section 320 is compounding of offences, Section 107 is security for keeping the peace, and Section 144 of the CrPC is the Magistrate's power to issue orders in urgent cases of nuisance or apprehended danger.