Law and You >Procedural Laws > BNSS > Concept Applications 16.1: MCQs on Complaint to Magistrate (Ss. 223 to 226 BNSS)
MCQs on Complaint to Magistrate (Ss. 223 to 226 BNSS)
Q1. Which of the following requirements need not be followed under section 223 BNSS?
(a) The complaint must be examined
(b) Examination of the complaint must be under oath
(c) The accused must be given an opportunity to be heard
(d) The examination of complainant
Q2. Under Section 223 BNSS, a Magistrate taking cognizance of an offence on complaint shall examine:
(a) Only the accused
(b) The complainant and the witnesses present
(c) Only the investigating officer
(d) The Public Prosecutor
Q3. The examination under Section 223 BNSS is generally conducted:
(a) On oath
(b) Without oath
(c) Only in writing
(d) In the presence of the accused in every case
Q4. The substance of the examination of the complainant and witnesses under Section 223 shall be:
(a) Ignored
(b) Recorded in writing and signed by the complainant/witness and the Magistrate
(c) Recorded only by the police
(d) Sent directly to the High Court
Q5. Under Section 223, a Magistrate need not examine the complainant on oath when:
(a) The complainant is a government servant
(b) The complaint is made in writing by a public servant acting in discharge of official duties
(c) The accused is absent
(d) The offence is non-cognizable
Q6. Where a Magistrate makes over a case for inquiry or trial to another Magistrate under Section 212 BNSS, the examination of the complainant:
(a) Must always be repeated
(b) Is prohibited
(c) Need not be repeated
(d) Must be conducted by the police
Q7. Upon perusal of complaint alleging offence of cheating and dishonestly inducing delivery of property during the course of business transaction between two firms, the jurisdictional Magistrate may:
(a) Take cognizance and examine upon oath the complainant and witnesses present
(b) Examine the complainant on oath and witnesses are present and consider if cognizance can be taken or not
(c) Decline to take cognizance if the offence alleged is triable exzclusively by the Court of Sessions
(d) Issue summons to the accused if prima facie satisfied on basis of the affidavit of the complainant and his witnesses in the presence of the accused
Q8. Recording of pre-summons evidence may be dispensed with under Section 223 BNSS,
(a) if the complaint is supported by the affidavit of complainant
(b) if the complaint is made in writing by a public servant in the discharge of his official duties
(c) both (a) and (b) are correct
(d) Only (a) is correct but (b) is incorrect
Q9. When a complaint is presented before Magistrate and Magistrate proceeds to examine the complaint and witnesses, the Magistrate is said to be conducting
(a) inquiry
(b) investigation
(c) trial
(d) Both (a) and (b)
Q10. It is mandatory to record pre-summoningbevidence in
(a) all private complaints triable as warrant cases including complaints made by public servant acting or purporting to act in discharge of his official duties
(b) all private complaints triable as summons cases including complaints made by public servant acting or purporting to act in discharge of his official duties
(c) all private complaints triable as either warrant cases or summons cases including complaints made by public servant acting or purporting to act in discharge of his official duties
(d) All private complaints except where complaint is made by a public servant acting or purporting to act in discharge of his official duties
Q11. Under Section 225 BNSS, when the accused resides at a place beyond the area in which the Magistrate exercises jurisdiction, the Magistrate shall:
(a) Immediately issue a warrant
(b) Postpone the issue of process against the accused
(c) Dismiss the complaint automatically
(d) Transfer the case to the Sessions Court
Q12. Before issuing process against an accused residing outside the Magistrate’s jurisdiction, the Magistrate shall:
(a) Conduct an inquiry himself or direct an investigation to be made by a police officer or other person as considered necessary
(b) Obtain the permission of the High Court in every case
(c) Arrest the accused
(d) Examine only the police officer
Q13. The object of Section 225 BNSS is primarily to:
(a) Prevent unnecessary harassment of persons residing outside the Magistrate’s jurisdiction
(b) Abolish private complaints
(c) Make all offences bailable
(d) Transfer all complaints to police stations
Q14. The inquiry or investigation under Section 225 is conducted:
(a) After conviction
(b) Before issuing process against the accused
(c) After framing of charge
(d) Only after the accused appears
Q15. Under Section 226 BNSS, a Magistrate may dismiss a complaint if:
(a) The complainant is absent on the first date
(b) After considering the statements on oath and the result of the inquiry or investigation, there is no sufficient ground for proceeding
(c) The accused denies the allegations
(d) The police oppose the complaint
Q16. Before dismissing a complaint under Section 226, the Magistrate shall consider:
(a) Only the complaint
(b) The statements on oath of the complainant and witnesses and the result of the inquiry or investigation, if any
(c) Only the accused’s statement
(d) Only the police report
Q17. If a complaint is dismissed under Section 226 BNSS, the Magistrate shall:
(a) Record briefly the reasons for dismissal
(b) Give a detailed judgment equivalent to a trial judgment
(c) Arrest the complainant
(d) Refer the matter automatically to the High Court
Q18. Which of the following correctly represents the sequence under Sections 223–226 BNSS?
(a) Dismissal → examination → inquiry
(b) Investigation → conviction → examination
(c) Examination of complainant/witnesses → inquiry/investigation where applicable → issue of process or dismissal
(d) Arrest → trial → complain
Q19. Section 226 BNSS deals primarily with:
(a) Issue of summons
(b) Dismissal of complaint
(c) Framing of charge
(d) Bail
Q20. If a complaint in writing is made to a Magistrate, who is not competent to take cognizance of the offence
(a) he shall dismiss the complaint
(b) he shall punish the complainant
(c) he shall decide the complaint
(d) he shall return it for presentation to the proper Court with endorsement to that effect
Q21. If it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session he under Section 225 BNSS postponing the issue of process against the accused:
(a) Shall commit the case to the Court of Session
(b) May direct an investigation to be made by police officer
(c) Shall call upon the complainant to produce all his witnesses and examine them on oath
(d) shall return the complaint for presentation to produce before the Court of Session
Q22. Direction to the police to investigate under Section 225 BNSS
(a) can not be given without examining complainant on oath
(b) can be given without examining complainant on oath
(c) can be given before or after examining complainant on oath
(d) can not be given any circumstances
Q23. Which of the following statement is CORRECT?
(a) bar to rehearing by the same Magistrate
(b) bar to rehearing by any other Magistrate
(c) bar to rehearing a fresh complaint on the same facts
(d) no bar to rehearing a fresh complaint on the same facts in exceptional circumstances