Law and You >Procedural Laws > BNSS > Concept Applications 6.1: Processes to Compel Appearance (Ss. 63 to 93 BNSS) MCQs
MCQs on Processes to Compel Appearance
Q1. Which one of the following section deals with form of summons?
(a) Section 61
(b) Section 63
(c) Section 64
(d) Section 66
Q2. Under which Section of the BNSS the summons may be served by living it with some adult member of the family of concerned person?
(a) Section 64
(b) Section 65
(c) Section 66
(d) Section 67
Q3. Under the provisions of the BNSS:
(a) Summons can be oral
(b) Summons cannot be served on corporate entities
(c) Summons are either for appearance or for producing document or thing
(d) Summons can be served to servants in case the person on whose name summons are made cannot be found
Q4. A summon issued by a Court must be in:
(a) writing
(b) duplicate
(c) signed by the presiding officer of the Court or other officer as directed by the High Court
(d) All of the above
Q5. How are the summons served?
(a) By a police officer
(b) By an officer of the Court
(c) By any authorised public servant
(d) By any of the above
Q6. Under the BNSS substituted service of summons can be made:
(a) By affixing the summons on the house
(b) By a Registered Post
(c) By Courier
(d) None of it
Q7. In a criminal case service of summons can be made on the witness:-
(a) Only through police
(b) Only through Bailiff
(c) Only both (a) and (b)
(d) Even by Registered Post AD
Q8. Which Section of the BNSS has provision for cancellation of warrants?
(a) Section 71
(b) Section 72
(c) Section 73
(d) None of the above
Q9. The police officer shall bring an arrested person before the Court without any delay.This is mandate of:
(a) Section 78
(b) Section 79
(c) Section 80
(d) Section 81
Q10. Under Section 79 o9f the BNSS a warrant of arrest may be executed
(a) within the local jurisdiction of court issuing wararnt
(b) within the session division
(c) at any place within the state
(d) at any place within India
Q11. When a Court issues a warrant for the arrest of a suspected person, it must ensure
(a) the number of sureties
(b) the amount in which the sureties are bound
(c) the time and date at which the accused person is required to attend the court
(d) All of the above
Q12. When a person who is bound by any bond taken under this Sanhita appear before a Court does not appear,
(a) the officer presiding in such Court may issue a warrant directing that such a person be arrested and produced before him
(b) the officer presiding in such Court may cancel the warrant directing that such a person be simply apprehended by the police
(c) the officer presiding in such Court may issue proclamation directing that such a person is absconding and produced before him
(d) the officer presiding in such Court must issue proclamation directing that such a person is absconding and be declared as a proclaimed offender.
Q13. Non-bailable warrants should be issued to bring in a person to the Court when summons of bailable wararnts would be likely to have the desired result. In which of the following cases is it not so?
(a) Police authorities are unable to find the person to serve with summons
(b) Police authorities are unable to find the person to serve with a warrant
(c) It is reasonable to believe that the person will not voluntarily appear in Court
(d) It is considered that the person could harm someone if not placed into custody immediately
Q14. An arrest warrant in a criminal case shall be signed by
(a) Chief Ministerial Officer
(b) Head of Office
(c) Presiding Officer of the Court
(d) Authorized Officer
Q15. A warrant of arrest is a command and should be:
(a) Must be in writing
(b) Must be signed, sealed and issued by a Magistrate
(c) Addressed to a police officer
(d) All of the above
Q16. How long a warrant of arrest shall remain in force?
(a) 6 years
(b) 10 years
(c) 12 years
(d) Until executed or cancelled
Q17. A warrant of arrest may be executed
(a) To that place where the offender has committed the offence
(b) At any place within India
(c) To the place specified under the BNSS
(d) None of the above
Q18. Point out INCORRECT answer-The requisites of a valid warrant are
(a) It shall be in writing
(b) It shall be signed by the presiding officer of the Court
(c) It shall bear the seal of the Court
(d) It must state the name of the accused but the address is not necessary
Q19. What does expression “Transit Remand” denote?
(a) It is a transfer of prisoner from one jail to another
(b) It is transfer of criminal case from one Court to another
(c) It is taking out an accused by police from one state to another
(d) It is taking out of the accused from Court to Prison
Q20. The Court may compel the attendance of any person to who summons have been issued under the provisions of the BNSS and for that purpose
(a) issue a warrant, attach and sell his property
(b) issue a warrant only
(c) issue a warrant, attach and sell his property and order him to furnish security
(d) issue a wararnt, attach and sell his property and order him surrender
Q21. Which one of the following group of sections of the BNSS deals with proclamation and attachment?
(a) Sections 88 to 91
(b) Sections 84 to 89
(c) Sections 84 to 93
(d) Sections 82 to 89
Q22. Under which Section of BNSS, a person can be declared as “Proclaimed Offender”?
(a) Section 83
(b) Section 84(1)
(c) Section 84(3)
(d) Section 84(4)
Q23. Under which Section of BNSS, a person who is absconding to avoid execution of warrant can be declared as “Proclaimed Offender”?
(a) Section 83
(b) Section 85
(c) Section 84
(d) Section 87
Q24. Section 84 of the BNSS deals with
(a) Proclamation for person absconding
(b) Attachment of property of absconding person
(c) Claims and objections to attachment
(d) Release, sale and restoration of the attached property
Q25. A valid proclamation under Section 84 of the BNSS requires
(a) public reading of the proclamation in a conspicuous place of town or village where the accused ordinarily resides.
(b) copy of the proclamation should be affixed at some conspicuous place of the house in which the victim resides
(c) if passed by the session judge, a copy of proclamation should be affixed to some conspicuous part of the High Court of the State.
(d) copy of proclamation is affixed on conspicuous part of all police stations in the town or village where the crime was committed.
Q26. If any court has reason to believe that a person against whom a warrant is issued is absconding or concealing himself, the court may issue a proclamation. The person abovementioned should be:
(a) accused
(b) witness
(c) any person
(d) any of above
Q27. If any court has reason to believe that any person against whom a warrant has been issued by it has absconded so that such warrant cannot be executed, such court may publish a written proclamation requiring him to appear at specified place and a specified time not less than ….. from the date of publishing of such proclamation.
(a) fifteen days
(b) thirty days
(c) forty days
(d) sixty days
Q28. In case of a suspect concealing himself to avoid arrest, the court can issue
(a) an order of attachment
(b) an order of proclamation
(c) an order of publication of warrant
(d) All of the above
Q29. A proclamation under Section 84 of the BNSS can be issued against a person against whom a warrant has been issued. Thus proclamation can be issued against
(a) accused offender
(b) a surety
(c) a witness
(d) all the above
Q30. A proclamation under Section 84 of the BNSS shall specify time for not less than 30 days from the date of ……, of such proclamation:
(a) Issuing
(b) Receiving
(c) Publishing
(d) Returning
Q31. When warrant also cannot be executed the court may proceed under
(a) Section 85 and 87 of BNSS
(b) Section 84 and 85 of BNSS
(c) Section 83 and 84 of BNSS
(d) Section 82 and 83 of BNSS
Q32. Under Section 85(1) of the BNSS, the court may order:
(a) proclamation for person absconding before attaching property
(b) attachment of property of a person absconding after proclamation
(c) proclamation and attachment simultaneously
(d) proclamation and attachment by separate order
Q33. Penalty for non-appearance in a case where a declaration has been made under Section 84(4) of the BNSS pronouncing a person as proclaimed offender is provided under
(a) Section 210 of the BNS
(b) Section 209 of the BNS
(c) Section 208 of the BNS
(d) Section 207 of the BNS
Q34. Which of the following is correct statement of law as per Sections 84 and 85 of the BNSS?
(a) The court may order attachment of property belonging to an accused before declaring him a proclaimed person under Section 84
(b) The court may order of attachment of property of a person after proclamation under Section 84 requiring him to appear before it
(c) The court may order of attachment of property of a person regardless of whether or not he has been declared proclaimed offender
(d) None of the above
Q35. A warrant of arrest and proclamation under Section 84 of the BNSS were issued simultaneously and later a consequential or attachment under Section 85 was also issued. What is the legality of the orders?
(a) All the orders are perfectly legal
(b) The order under Section 84 is legal
(c) The order under Section 84 is illegal and improper vitiating the consequential order of attachment
(d) None of the above
Q36. Under which Section of the BNSS an order of attachment of property of person absconding may be passed at any time after the issue of proclamation
(a) Section 84
(b) Section 85
(c) Section 87
(d) Section 88
Q37. Under Section 87 of the BNSS any person other than the proclaimed offender can file objections relating to attachment of property. What will be the time from the date of attachment?
(a) One year
(b) One month
(c) Six months
(d) Three months
Q38. Under what circumstances court can issue an order from attachment of property of person according
(a) Where person to whom proclamation is issued is about to dispose of the whole his property
(b) Where person to whom proclamation is issued is about to dispose any part of his property
(c) Where person to whom proclamation is issued is about to remove the whole or any part of his property from the local jurisdiction of the court.
(d) All of the above
Q39. What is the period of limitation prescribed under the BNSS for filing a suit by aggrieved person to establish his right or claim with respect to property in dispute in case his claim is disallowed by the Court which ordered for attachment of the property?
(a) Three months
(b) Six months
(c) One year
(d) Three years
Q40. Attachment of the property of a person absconding, can be
(a) issued after publication of proclamation
(b) issued before publication of proclamation
(c) issued simultaneously with the publication of proclamation
(d) all of the above
Q41. In order to compel appearance of a person who is absconding in spite of a warrant of errest being issued against him, his property may be attached simultaneously with issuance of a proclamation under Section 85 of the BNSS, provided that the Court is satisfied that such person is
(a) about to dispose of the whole or any part of his property
(b) about to remove the whole or any part of his property from the local jurisdiction of the Court
(c) Either condition in (a) and (b) exists
(d) Both conditions in (a) and (b) co-exists
Q42. Which one of the following statement is INCORRECT with regard to the provisions of the BNSS?
(a) In an absconding person against whom a proclamation has been issued and published, does not appear in the Court within the prescribed period, his property may be attached under Section 85
(b) Where property of a proclaimed offender is attached and receiver is appointed thereof, the powers, duties and liabilities of the receiver shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908
(c) If the proclaimed offender does not appear before the Court within two years from the date of publication of the proclamation, his property shall be confiscated by the State
(d) Where property of some other person, not being a proclaimed offender, is attached, he may submit application for release of his property and may prove his title within one year by instituting a civil suit
Q43. Attachment of a land paying revenue to the State Government of a person absconding shall be made:
(a) by taking possession
(b) by appointing a receiver
(c) through Collector of the District where land is situated
(d) by any other means deemed fit
Q44. A proclaimed person whose property has been attached can claim the property or the sale proceeds on appearance within
(a) 6 months of attachment
(b) 2 years of attachment
(c) 3 years of attachment
(d) 1 year of attachment
Answers:
| 1. | (b) | 2. | (c) | 3. | (c) | 4. | (d) | 5. | (d) | 6. | (a) |
| 7. | (d) | 8. | (b) | 9. | (a) | 10. | (d) | 11. | (d) | 12. | (a) |
| 13. | (b) | 14. | (c) | 15. | (d) | 16. | (d) | 17. | (b) | 18. | (d) |
| 19. | (c) | 20. | (a) | 21. | (b) | 22. | (d) | 23. | (c) | 24. | (a) |
| 25. | (a) | 26. | (d) | 27. | (b) | 28. | (b) | 29. | (d) | 30. | (c) |
| 31. | (b) | 32. | (c) | 33. | (b) | 34. | (b) | 35. | (c) | 36. | (b) |
| 37. | (c) | 38. | (d) | 39. | (c) | 40. | (c) | 41. | (c) | 42. | (c) |
| 43. | (c) | 44. | (b) |
Related Topics:
- Summons and Its Service (S. 63 to 71)
- Warrant of Arrest (Ss. 72 to 79)
- Execution of Warrant Outside Jurisdiction (Ss. 80 to 83)
- Proclamation and attachment (Ss. 84-89)
- Other rules regarding processes (Ss. 90-93)