Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Concept Application 1.1 MCQs (Section 1 BNS)

Chose the corrective alternative based on Section 1 BNS

Q1. What section of the Bharatiya Nyaya Sanhita, 2023 confers extraterritorial operation

Q2. A national in Pakistan fires from the other side of the borders and a person within the Indian border is killed. The relatives, friends, and other Indians rush and drag the Pakistani to the border Indian Polic Station. Can the Indian Courts try the accused of murder?

• No, Indian Courts have no jurisdiction
• Yes
• He shall be handed over to the Pakistani authorities for trial in Pakistan
• None of the above

Q3. ‘A’ Spanish citizen, who was residing in Paris, instigated the commission of an offence which in consequence was committed in India.

• He is liable as the offence was committed in India
• He is liable since Indian Penal Code also extends to extra-territorial acts
• Can be held liable because the offence was to be committed in India
• Cannot be held liable because instigation was not given on Indian territory

Q4. “Admiralty jurisdiction” does not extend over

• Offences committed on Indian ships on the High seas
• Offences committed on foreign merchant ships in Indian Territorial water
• Offences committed on foreign warships in Indian territorial water
• Piracy

Q5. ‘A’ who is a citizen of India, commits a murder in England; He is found in Indore and arrested accordingly. Where can ‘A’ be tried?

• At New Delhi, the capital of India
• At Bhopal, the Capital of Madhya Pradesh
• At Indore, where he was found
• At any place in India

Q6. Under which of the following situations would the Indian Courts have jurisdiction?

1. Crime committed by an Indian in a foreign country
2. Crime committed by foreigner in India
3. Crime committed by a person on Indian Ship

Select the correct answers using the codes given below

• 1 and 2
• 1 and 3
• 2 alone
• 1, 2, and 3

Q7. ‘A’, a foreigner stabbed ‘B’ another foreigner in a foreign vessel on the high seas. Both ‘A’ and ‘B’ were brought to Mumbai for treatment where ‘B’ died. ‘A’ is also available in Mumbai. Which one of the following propositions is correct in respect of applicability of the Bharatiya Nyaya Sanhita, 2023 to the trial of ‘A’?

• As both the deceased and the accused belong to foreign countries and occurrence of the offence has taken place on the high seas, BNS is not applicable to ‘A’ and hence he cannot be prosecuted in India
• BNS is absolutely not applicable to a foreigner and hence ‘A’ cannot be tried in India
• As the offence is completed in Indian territories and accused ‘A’ is available in India, BNS is applicable and he should be tried in Mumbai.
• As BNS is applicable to Indians as well as to foreigners, ‘A’ must be tried in India.

Q8. ‘A’ an Indian citizen commits adultery in England, which is not an offence in the country the alleged offence can be tried by

• The Court within whose local jurisdiction the adultery was committed
• The Court of Judicial Magistrate of First Class situated at any place in India at which he may be found
• International Court of Justice (ICJ)
• The Supreme Court of India

Q9. ‘A’ who is a citizen of India commits murder in Uganda. He is arrested in Delhi. He can be tried and convicted of murder

• Only in Uganda
• Only in that country o which the deceased was a citizen
• In any one of the above
• In Delhi

Q10. A citizen of India committing an offence outside India may be tried under BNS (True or False)

• True
• False

Q11. The provision relating to the extension of the Indian Penal Code to extra-territorial offences is provided in the Indian Penal Code section

• 1(5)
• 2
• 4
• 7

Q12. Who are not exempted from intra-territorial jurisdiction of the Indian Penal Code?

• The President of India and Governors of States
• Public
• Foreign Sovereigns and Ambassadors
• Alien enemies

Q13. Who amongst the following is exempted from the application of the Indian Penal Code?

• President of India
• Diplomats
• Alien Enemy
• All of the above

Q14. The Bharatiya Nyaya Sanhita came into enforcement on

• October 2, 2023
• January 26, 2023
• July 01, 2023
• January 1, 2023

Q15. Which one of the following sections of the BNS defines intra-territorial jurisdiction:

• Section 1(1))
• Section 1(2)
• Section 1(3)
• Section 1(4)

Q16. Sections of the BNS, which defines the jurisdiction of the Bharatiya Nyaya Sanhita, 2023 are

• Section 1 BNS
• Section 2 BNS
• Section 3 BNS
• Section 4 BNS

Important Case Laws:

• Shooner Exchange v. M’ Faddon, (1812) 7 Cranch 116, 136, 137
• Parlement Belge Case, (1880) 5 PD 197, 207
• Magdalena Steam Navigation Company v. Martin, (1859) 2 E & E 94, 111
• Shooner Exchange v. M’ Faddon, (1812) 7 Cranch 116
• Justice Ripusudam Dayal (Retd.) v. State of MP, AIR 2014 SC 1335
• Kastya Rama v. State, (1871) 8 BHC
• Mobarik Ali v. The State of Bombay, AIR 1957 SC 857
• State Of Maharashtra vs Mayer Hans George, AIR 1965 SC 722
• Sheikh Haidar v. Issa Syed, AIR 1938 Nagpur 235
• Swatantrya Veer Savarkar Case, (1910) 13 BLR 296
• Sarmukh Singh, (1879) 2 All 218
• K.T.M.S. Abdul Kader v. Union of India, 1977 CrLJ 1708 (Mad-FB)
• The Republic of Italy through Ambassador v. Union of India, (2013) 4 SCC 721 
• Mohamed Sajeed v. the State of Kerala, 1995 CRILJ 3313
• Remia v. Sub Inspector of Police, Tanur (1993 Cri LJ 1098 (Ker) )
• Om Hemrajani v. State U.P (2004 (9) SCALE 655)
• Samaruddin v. Assistant Director of Enforcement, 2009 (1) KLT 943

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