QUESTIONS ON BNSS
1. Under the BNSS, 2023, what is the maximum duration for which a person can be kept in police custody without the order of a Magistrate?
A. 12 hours
B. 24 hours
C. 48 hours
D. 72 hours
B. 24 hours
C. 48 hours
D. 72 hours
Correct Answer: B. 24 hours
Explanation: According to Section 58 of the BNSS, 2023, a person arrested without a warrant must be produced before a Magistrate within 24 hours, excluding the time necessary for the journey from the place of arrest to the Magistrate’s Court. This is in line with the constitutional guarantee under Article 22(2) of the Indian Constitution and replaces similar provisions under the CrPC. The intention is to safeguard the rights of the arrested person and prevent illegal detention.
2. Which of the following provisions has been newly introduced under BNSS, 2023 to promote the use of technology in criminal procedure?
A. Confession to police made admissible
B. Introduction of plea bargaining
C. Recording of search and seizure via audio-video means
D. Arrest without warrant for all cognizable offences
B. Introduction of plea bargaining
C. Recording of search and seizure via audio-video means
D. Arrest without warrant for all cognizable offences
Correct Answer: C. Recording of search and seizure via audio-video means
Explanation: BNSS, 2023 introduces several technology-based reforms, including mandatory audio-video recording of search and seizure processes under Section 105(3). This provision is aimed at ensuring transparency and accountability in police procedures and minimizing allegations of fabrication or misconduct. It is a progressive shift from CrPC, where such provisions were either missing or only suggested.
3. Under BNSS, 2023, what is the maximum period within which an investigation must be completed for offences punishable with imprisonment of less than 10 years?
A. 30 days
B. 60 days
C. 90 days
D. 180 days
B. 60 days
C. 90 days
D. 180 days
Correct Answer: B. 60 days
Explanation: As per Section 193 of BNSS, the investigation for offences punishable with less than 10 years of imprisonment must be completed within 60 days. For more serious offences (punishable with 10 years or more, life imprisonment, or death), the period is 90 days. This change aims to ensure speedy investigation and trial, a major goal of the 2023 reform replacing the CrPC.
4. Which authority has been empowered under BNSS, 2023 to authorize preventive detention for up to 90 days in certain cases?
A. District Magistrate
B. Chief Judicial Magistrate
C. Executive Magistrate
D. Superintendent of Police
B. Chief Judicial Magistrate
C. Executive Magistrate
D. Superintendent of Police
Correct Answer: A. District Magistrate
Explanation: The District Magistrate continues to have powers under BNSS to authorize preventive detention in certain situations where it is necessary to prevent a breach of peace or public order. While the BNSS emphasizes safeguarding liberty, it also recognizes the administrative necessity of preventive action in exceptional cases. The maximum period for such detention without judicial scrutiny is 90 days, following which judicial review becomes mandatory.
5. Which of the following statements regarding the provision of ‘Zero FIR’ under BNSS is correct?
A. It has been abolished to reduce misuse.
B. It can only be filed at the police station where the offence occurred.
C. It allows victims to file FIRs at any police station, regardless of jurisdiction.
D. It applies only to offences against women.
B. It can only be filed at the police station where the offence occurred.
C. It allows victims to file FIRs at any police station, regardless of jurisdiction.
D. It applies only to offences against women.
Correct Answer: C. It allows victims to file FIRs at any police station, regardless of jurisdiction.
Explanation: Zero FIR, though a concept recognized earlier through judicial pronouncements, is formally recognized under BNSS. It allows the victim to file an FIR at any police station, irrespective of the territorial jurisdiction. This is particularly useful in cases of urgency or where immediate intervention is necessary. Once registered, the FIR is transferred to the appropriate police station for further investigation. This provision reinforces the victim-centric approach of BNSS.
6. Which of the following statements best describes the provision related to “summary trials” under BNSS, 2023?
A. Summary trials have been abolished to ensure a full trial in every case.
B. Only High Courts can authorize summary trials under BNSS.
C. Magistrates can conduct summary trials for offences punishable up to 3 years.
D. Summary trials are only allowed for compoundable offences.
B. Only High Courts can authorize summary trials under BNSS.
C. Magistrates can conduct summary trials for offences punishable up to 3 years.
D. Summary trials are only allowed for compoundable offences.
Correct Answer: C. Magistrates can conduct summary trials for offences punishable up to 3 years.
Explanation: Under Section 279 of the BNSS, 2023, Judicial Magistrates are empowered to conduct summary trials for offences punishable with imprisonment of up to three years. This is an increase from the earlier CrPC limit of two years and is intended to reduce the burden on courts by allowing quicker disposal of less serious cases. The summary procedure involves simplified recording of evidence and faster judgment.
7. Under BNSS, 2023, which of the following modes is recognized for serving summons?
A. Personal delivery only
B. Through registered post only
C. Electronically via SMS or email
D. Only by publication in newspaper
B. Through registered post only
C. Electronically via SMS or email
D. Only by publication in newspaper
Correct Answer: C. Electronically via SMS or email
Explanation: BNSS promotes the use of technology in procedural law. Section 66 of BNSS allows for electronic service of summons, including via SMS, email, or any other digital communication method. This aims to streamline procedural delays and reflects the growing importance of digital tools in the justice delivery system. Proof of delivery (like server receipts) can be used to confirm service.
8. Which of the following changes has BNSS, 2023 introduced with respect to mercy petitions in death sentence cases?
A. Mercy petition can be filed only by the family of the convict.
B. There is a strict time limit for filing mercy petitions.
C. President is no longer involved in mercy petitions.
D. The Supreme Court directly decides all mercy petitions.
B. There is a strict time limit for filing mercy petitions.
C. President is no longer involved in mercy petitions.
D. The Supreme Court directly decides all mercy petitions.
Correct Answer: B. There is a strict time limit for filing mercy petitions.
Explanation: BNSS introduces a fixed timeline for mercy petitions in capital punishment cases. After the rejection of the appeal or review by the Supreme Court, the convict has 30 days to file a mercy petition with the Governor or the President. This change is aimed at reducing undue delay in the execution of sentences and bringing certainty in the criminal justice process, especially in cases involving death penalty.
9. Which section of the BNSS, 2023 deals with the power of the police to arrest without warrant?
A. Section 25
B. Section 35
C. Section 50
D. Section 78
B. Section 35
C. Section 50
D. Section 78
Correct Answer: B. Section 35
Explanation: Section 35 of the BNSS deals with arrest without warrant by a police officer. The provision is similar to Section 41 of the CrPC, but introduces stricter conditions and guidelines, especially for arrest in cases punishable with imprisonment of less than seven years. The officer must record reasons for arrest or non-arrest in writing. This aligns with the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, aiming to reduce unnecessary arrests.
10. What is the maximum permissible police custody period under BNSS when an accused is arrested in a case punishable with death, life imprisonment, or imprisonment not less than 10 years?
A. 7 days
B. 10 days
C. 15 days
D. 30 days
B. 10 days
C. 15 days
D. 30 days
Correct Answer: C. 15 days
Explanation: BNSS retains the provision (similar to CrPC) that police custody can extend up to 15 days from the first date of remand by the Magistrate for serious offences. This is governed under Section 187(2) of BNSS. However, the 15 days need not be continuous and can be granted in parts within the 15-day limit. The total custody (judicial + police) period for completing investigation is 90 days for serious offences.
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Ruchika Mohapatra
Contributing author
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