Sectional Test on Anticipatory Bail under BNSS, 2023 for CLAT PG

1. Which of the following conditions is not expressly mentioned under section 482 of BNSS, 2023 while granting an anticipatory bail?
a. The person needs to be available for police interrogation at all times
b. The person shall not threat anyone who is acquainted with the facts of the case
c. The person needs to surrender his passport
d. The person cannot leave India without the permission of the court

2. Which court has been granted power to grant bail under section 482 (1) of BNSS, 2023?
a. The High Court
b. The sessions court
c. Both the above options
d. None of the Above

3. Which statement mentions correctly about the duration of anticipatory bail under BNSS, 2023?
a. It is valid for 60 days only
b. It is valid for 90 days after which the person needs to apply for regular bail
c. It operates till the conclusion of trial unless modified or cancelled
d. It is operative till the chargesheet is filed

4. Under which circumstances a person is not liable to apply for anticipatory bail under BNSS, 2023?
a. When he is arrested for a cognizable offence
b. When is is arrested for a non bailable offence
c. When he is already arrested and is in custody
d. None of the Above

5. Which of the following is not mentioned under the proviso of section 482 (1) of BNSS, 2023 while granting anticipatory bail?
a. Nature and gravity of accused
b. The financial capacity of the accused to furnish surety
c. The possibility of the applicant fleeing from justice
d. None of the Above

6. What is the legal option available under BNSS, 2023 if the bail granted by the sessions court is cancelled by the High Court?
a. The accused can be arrested without any new warrant
b. The accused needs to surrender in trial court within 24 hours
c. The anticipatory bail stands suspended automatically
d. The cancellation will only act prospectively

7. Which committee recommended the notion of anticipatory bail in India?
a. Malimath Committee Report
b. Law Commission 41st Report
c. Justice Verma Committee Report
d. None of the Above

8. From when does the moment operate when a person is released on special direction on bail under section 482 of BNSS, 2023?
a. When the application is filed in the High Court or the Sessions Court
b. Notice is issued to the public prosecutor
c. The moment when the person is arrested
d. With the execution of bail bond

9. Which statement regarding offences is correct under BNSS, 2023 with respect to anticipatory bail?
a. It can be filed for both bailable and non bailable offences
b. Available for offences whose punishment is between 5-7 years
c. Not available for offences tried by sessions court
d. Is available for non bailable cognizable offences

10. When the court grants the interim order of grant of anticipatory bail, along with it what is the mandatory thing the court needs to do?
a. It needs to be notified to human rights commission
b. A notice needs to be served to the public prosecutor and superintendent of police in order to oppose the bail
c. It needs to be recorded in writing with proper reasons
d. Accused needs to be examined in camera before granting of the bail

11. Which of the following prepositions made in the case of Gurubaksh Singh Sibba .V. State of Punjab has been codified in BNSS, 2023?
a. Anticipatory bail to be limited to 30 days at first instance
b. No anticipatory bail granted in the case of socio-economic offence
c. The power of anticipatory bail needs to be guided by mechanical process and at the discretion of judicial officers
d. Anticipatory bail cannot be granted when the chargesheet is already been filed

12. What is the effect of issuing a proclamation on the pending application of anticipatory bail?
a. It gets abated
b. It can be granted but only after hearing the public prosecutor
c. It shall deemed to be rejected
d. BNSS has not expressed this scenario in totality but has mentioned that the absconded person cannot seek anticipatory bail

13. What is the relationship between section 482 and section 481 of BNSS, 2023?
a. Section 482 overrides Section 481 in all cases
b. Section 481 is applied post arrest and section 482 is applied pre arrest
c. Section 482 is extension of section 481 and they are supplementary to each other
d. None of the Above

14. If a session court grants anticipatory bail to an accused in a murder case, but the state has approached the High Court to cancel it. Which principle can the High Court apply now?
a. Anticipatory bail granted by sessions court can only be cancelled by Supreme Court
b. The High Court will look into whether the sessions court acted with material irregularity
c. The matter will be referred to the full bench of High Court
d. None of the Above

15. What is the constitutional basis of anticipatory bail under BNSS, 2023?
a. It is a statutory right with no constitutional basis
b. It is covered within Article 21 of Indian Constitution and denial of it needs to just and reasonable
c. It is covered within Article 22(1) of Indian Constitution
d. It is grounded within Article 20 (1) of Indian Constitution