Law and You >Procedural Laws > BNSS > Concept Applications 15.1 MCQs on Conditions Requisite for Initiation of Proceedings
MCQs on Conditions Requisite for Initiation of Proceedings
Q1. The provisions contained in Sections 210–222 BNSS are primarily concerned with:
(a) Arrest and detention
(b) Conditions requisite for initiation of proceedings
(c) Appeals and revisions
(d) Execution of sentences
Q2. Taking cognizance is
(a) a judicial function
(b) an administrative function
(c) a supervisory function
(d) both (a) and (b)
Q3. Which section of BNSS deals with cognizance of offences by Magistrates?
(a) Section 210
(b) Section 213
(c) Section 218
(d) Section 222
Q4. Under Section 210 BNSS, a Magistrate of the first class may take cognizance of an offence:
(a) Only upon a police report
(b) Only upon a complaint made by the victim
(c) Upon receiving a complaint, a police report, or information from any person other than a police officer, or upon his own knowledge
(d) Only upon an order of the Sessions Court
Q5. A Magistrate may take cognizance of an offence upon receiving:
(a) A complaint of facts constituting such offence
(b) A police report of such facts
(c) Information from any person other than a police officer, or his own knowledge
(d) All of the above
Q6. When can a specifically empowered Magistrate take cognizance of an offence upon information?
(a) When received from any person other than a Police Officer
(b) Upon his assertion
(c) Both (a) and (b)
(d) By the direction of High Court
Q7. Power of taking Cognizance of offence by a Magistrate of the First Class and Second Class is provided under Section:
(a) Section 209 BNSS
(b) Section 210 BNSS
(c) Section 211 BNSS
(d) Section 212 BNSS
Q8. Under Section 210 the cognizance of offence is taken by the:
(a) High Court
(b) Sessions Court
(c) Judicial Magistrate
(d) District Magistrate
Q9. Where a Magistrate takes cognizance under Section 210(1)(c), the accused shall be informed that he has a right to have the case:
(a) Tried by the High Court
(b) Tried by another Magistrate
(c) Tried by a Sessions Court
(d) Transferred to the police
Q10. Under Section 210(2) BNSS, who may empower any Magistrate of Second Class to take cognizance of offences?
(a) High Couret
(b) Court of Sessions
(c) Chief Judicial Magistrate
(d) None of the above
Q11. Non-compliance with the provisions under Section 211 BNSS ewhere the cognizance is taken by the Magistrate under Section 210(1)(c) of the BNSS:
(a) vitiates the trial and the proceedings will be wholly void
(b) is an irregularity curable under Section 506 of the BNSS
(c) does not vitiate the trial unless it has caused prejudice to accused
(d) amounts to waiver of his rights by the accused
Q12. Which of the following irregularities of a Magistrate, now empowered by law to do so, vibrate the proceedings?
(a) To held enquiry under Section 196 BNSS
(b) To make over case under Section 212(2) BNSS
(c) To take cognizance of an offence under clause (c) of subsection (1) of Section 210 BNSS
(d) To tender pardon to accomplice under Section 343 BNSS
Q13. The application for transfer under Section 211 is made:
(a) Before the police officer
(b) Before the Magistrate
(c) Before the High Court only
(d) Before the District Magistrate
Q14. Transfer of cases on application of the accused is provided under:
(a) Section 211 BNSS
(b) Section 212 BNSS
(c) Section 213 BNSS
(d) Section 214 BNSS
Q15. Under Section 212 BNSS, the Chief Judicial Magistrate may:
(a) Arrest the accused
(b) Make over a case for inquiry or trial to any competent Magistrate subordinate to him
(c) Transfer the case to the High Court
(d) Discharge the accused
Q16. A Court of Session ordinarily takes cognizance of an offence as a court of original jurisdiction only when:
(a) The police direct it to do so
(b) The case has been committed to it by a Magistrate
(c) The accused requests it
(d) The complainant directly approaches it
Q17. Which Section of the BNSS restricts the Court of Sessions from taking cognizance of any offence as a Court of Original Jurisdiction unless the case has been committed to it by a Magistrate?
(a) Section213
(b) Section214
(c) Section215
(d) Section216
Q18. Section 213 BNSS primarily deals with:
(a) Cognizance by Magistrates
(b) Cognizance by Court of Session
(c) Investigation by police
(d) Bail
Q19. In which of the following cases, the Session Court cannot take cognizance of any offence committed by or against a public servant, as a court of original jurisdiction?
(a) Any case of abetment
(b) Any case of attempt to commit offence
(c) Any case of criminal conspiracy
(d) All of the above
Q20. A Sessions Court can take cognizance of a criminal case for the offence punishable under the provisions of the Bharatiya Nyaya Sanhita, 2023:
(a) On application of complaint
(b) On a request of police
(c) Suo moto
(d) Only if case is committed to it by a Magistrate
Q21. Under BNSS after committal of the case, Session Court found that another person against whom a prima facie case is made out from the materials contained in the case papers have not been included then
(a) Sessions Court would have no alternative, but to wait till the stage under Section 346 BNSS
(b) Session Court can issue summons under Section 213 on the basis of the records transmitted to him
(c) Case should be remanded to the committal Magistrate for appropriate action
(d) Direction should be given to Police to file separate charge sheet against additional accused.
Q22. Under Section 214 BNSS, an Additional Sessions Judge shall try cases made over to him by:
(a) The Chief Judicial Magistrate
(b) The Sessions Judge of the division
(c) The Superintendent of Police
(d) The High Court Registrar
Q23. Under Section 215 BNSS, prosecution for certain offences relating to public servants requires a complaint in writing by:
(a) Any private person
(b) The public servant concerned or some other public servant administratively superior to him
(c) The police officer investigating the case
(d) The accused
Q24. Which of the following is an object of Section 215 BNSS?
(a) To protect lawful authority of public servants from frivolous prosecution
(b) To prevent all prosecutions against public servants
(c) To provide bail to public servants
(d) To regulate appeals
Q25. The term ‘Court’ under Section 215 clause (3) of the BNSS includes
(a) Only Civil Courts
(b) Only Criminal Courts
(c) Only Revenue Courts
(d) All Civil, Criminal, and Revenue Courts
Q26. The provisions of Section 215 BNSS require
(a) a complaint in writing
(b) an oral complaint
(c) either (a) or (b)
(d) neither (a) nor (b)
Q27. The purpose of Section 215 BNSS is to regulate prosecution for certain offences relating to:
(a) Documents produced or given in evidence in Court
(b) Stolen property
(c) Public servants
(d) Elections
Q28. For specified offences relating to documents produced in evidence, proceedings generally require:
(a) A written complaint by the concerned Court or authorised person
(b) A police complaint in every case
(c) Sanction from the President
(d) Consent of the accused
Q29. Under Section 218 BNSS, in specified cases involving offences against public justice, cognizance can be taken upon a complaint made by:
(a) Any person
(b) The Court concerned or an authorised Court/public servant as specified
(c) The accused
(d) The investigating officer in every case
Q30. Section 218 BNSS principally relates to offences:
(a) Against public justice
(b) Against property
(c) Against marriage
(d) Against the human body
Q31. Section 218 BNSS affords protection to
(a) Judges
(b) Employees of public sector undertaking
(c) Public servants
(d) Both (a) and (c)
Q32. Under Section 218 BNSS, prior sanction is required for prosecution of certain Judges and public servants when the alleged offence is committed:
(a) At their private residence
(b) While acting or purporting to act in the discharge of their official duty
(c) Only outside India
(d) Only after retirement
Q33. The object of requiring sanction under Section 218 BNSS is primarily to:
(a) Give complete immunity to public servants
(b) Protect bona fide discharge of official duties while allowing prosecution in appropriate cases
(c) Prevent investigation in all cases
(d) Prevent arrest of all government employees
Q34. In which of the following provisions of Section 218 BNSS apply?
(a) A Magistrate writing a letter to the District Judge that an advocate is ‘rowdy’, ‘a big gambler’, a ‘mischievous element’.
(b) Block Development Officer lodging a FIR against Sarpanch and Secretary of a Gram Panchayat under Section 316(5) and 3(5) of the BNS.
(c) A complaint against the personnel of BSF alleging gratification of Rs. 10,000 was demanded from the complainant and on his refusal to pay, his shop was ransacked and goods taken away.
(d) A Judge charged with using defamatory language to a witness during the trial of the suit.
Q35. Provision related to prosecution of Public Servants under BNSS is given in:
(a) Section 217
(b) Section 218
(c) Section 219
(d) Section 220
Q36. Provision related to prosecution of Judges under BNSS is given in:
(a) Section 216
(b) Section 217
(c) Section 218
(d) Section 219
Q37. For taking cognizance of an offence committed by a public servant while acting in the discharge of his official duty, the essential requisite is:
(a) Accused must be Gazetted Officer
(b) Accused must be within the jurisdiction of the Court
(c) Previous sanction of Government is required
(d) None of the above
Q38. Sanction for prosecution of judges and public servants shall not be required under Section 218 BNSS in case a Judge or public servant is alleged to have committed:
(a) Voyeurism
(b) Murder
(c) Cheating
(d) Kidnapping
Q39. Under Section 219 BNSS, prosecution for specified offences against marriage generally requires a complaint by:
(a) The police officer
(b) The aggrieved person or another person specified by law
(c) Any stranger
(d) The District Magistrate
Q40. Which of the following is associated with Section 219 BNSS?
(a) Offences against marriage
(b) Offences against public justice
(c) Defamation
(d) Offences relating to documents
Q41. Which Section of the BNSS provides provisions for prosecution for offences against marriages?
(a) Section 216
(b) Section 217
(c) Section 218
(d) Section 219
Q42. No member of the Armed Forces of the Union shall be arrested for anything done in the discharge of his official duties except after attaining the consent of
(a) the Defence Minister
(b) the Finance Minister
(c) the concerned State Government
(d) the Central Government
Q43. Under Section 219 BNSS, the Court can take cognizance of any offence laid down under Section 84 of the BNSS on the complaint of
(a) husband of a woman
(b) father of the woman
(c) mother of the woman
(d) any of these
Q44. Under Section 219 BNSS, no Court can take cognizance of an offence against marriage under sections 81 to 84 (both inclusive) of the Bharatiya Nyaya Sanhita, 2023 unless complaint is made by:
(a) the Police
(b) the wife/husband
(c) some person who is aggrieved by the offence
(d) All of the above
Q45. ‘G’ a 17 year old girl was married to ‘H’. ‘H’ during the substistence of the said marriage entered ino another marriage with ‘P’. The Court may take cognizance for the offence of bigamy, if the complaint is brought by:
(a) her father, mother, brother, sister, son or daughter or her father’s or mother’s brother or sister
(b) any other person related to her by blood, marriage or adoption, with the leave of the Court
(c) some other person on her behal, with leave of the Court, but where there is a guardian appointed in her respect, then only after such guardian has been heard
(d) All of the above
Q46. In which one of the following offences, cognizance shall be taken by the Court only by a complaint made by some persons aggrieved by the offence?
(a) Rape
(b) Theft
(c) Criminal breach of trust
(d) Offences related to marriages
Q47. Section 220 BNSS deals with prosecution for an offence under:
(a) Section 85 of the Bharatiya Nyaya Sanhita, 2023
(b) Section 103 of the Bharatiya Nyaya Sanhita, 2023
(c) Section 152 of the Bharatiya Nyaya Sanhita, 2023
(d) Section 356 of the Bharatiya Nyaya Sanhita, 2023
Q48. Under Section 220 BNSS, cognizance of an offence under Section 85 BNS may be taken upon a police report or a complaint by:
(a) Only the husband
(b) The aggrieved woman or certain relatives/persons specified in the provision
(c) Any neighbour
(d) Only the District Magistrate
Q49. Section 222 BNSS deals with cognizance of offences relating to:
(a) Criminal conspiracy
(b) Criminal breach of trust
(c) Defamation
(d) Theft
Q50. Under Section 222 BNSS, a Court generally takes cognizance of an offence of defamation upon a complaint made by:
(a) The police officer
(b) The person aggrieved by the offence
(c) Any person who knows the accused
(d) The District Magistrate
Q51. In the case of defamation of a person who is unable to make a complaint due to certain legally recognised circumstances, a complaint may be made by:
(a) Any police officer
(b) A person authorised/qualified under the provision with leave of Court
(c) The accused
(d) Any member of the public
Q52. Section 222 BNSS primarily concerns:
(a) Sanction for prosecution of Judges
(b) Prosecution for defamation
(c) Cognizance by Sessions Court
(d) Prosecution for cruelty
Q53. Under Section 222 BNSS, in a prosecution for defamation of the Vice President of India, Session Court may take cognizance of such offence without the case being committed to it, but only on complaint in writing made by:
(a) The President of India
(b) Director General of Police
(c) District Magistrate
(d) Public Prosecutor
(e) None of the above
Q54. “From a plain reading of Section 195 CrPC (S. 215 BNSS) it is manifest that it comes into operation at the stage when the Court intends to take cognizance of an offence under Section 190(1) CrPC (S. 210(1) BNSS); and it has nothing to do with the statutory power of the police to investigate into an F.I.R. which discloses a cognisable offence, in accordance with Chapter XII of the Code (Chapter X BNS) even if the offence is alleged to have been committed in, or in relation to, any proceeding in Court. In other words, the statutory power of the Police to investigate under the Code is not in any way controlled or circumscribed by Section 195 CrPC (S. 215 BNSS)” This was held by the Supreme Court in the case of
(a) Nalini v. Stateof Tamil Nadu
(b) Raj Singh v. State (1998)
(c) Shamsher Singh v. State of Punjab
(d) State of Himachal Pradesh v. Tara Dutta
Q55. In which of the following case it has been held that Section 197 CrPC (S. 218 BNSS) is constitutionally valid?
(a) Joseph shine v. Union of India
(b) Navtej Johar v. Union of India
(c) Nazz Foundation v. Union of India
(d) Subhramanyam Swami v. Union of India
Answers:
| 1. | (b) | 2. | (a) | 3. | (a) | 4. | (c) | 5. | (d) | 6. | (c) |
| 7. | (b) | 8. | (c) | 9. | (b) | 10. | (c) | 11. | (a) | 12. | (c) |
| 13. | (b) | 14. | (a) | 15. | (b) | 16. | (b) | 17. | (a) | 18. | (b) |
| 19. | (d) | 20. | (d) | 21. | (b) | 22. | (b) | 23. | (b) | 24. | (a) |
| 25. | (d) | 26. | (a) | 27. | (a) | 28. | (a) | 29. | (b) | 30. | (a) |
| 31. | (d) | 32. | (b) | 33. | (b) | 34. | (d) | 35. | (b) | 36. | (c) |
| 37. | (c) | 38. | (a) | 39. | (b) | 40. | (a) | 41. | (d) | 42. | (d) |
| 43. | (a) | 44. | (c) | 45. | (d) | 46. | (d) | 47. | (a) | 48. | (b) |
| 49. | (c) | 50. | (b) | 51. | (b) | 52. | (b) | 53. | (d) | 54. | (b) |
| 55. | (d) |