Law and You >Procedural Laws > BNSS > Concept Applications 2.3: MCQs on Power of Courts (Ss. 21 to 29 BNSS)
MCQs on Power of Courts (Ss. 21 to 29 BNSS)
Q1. Which of the following sentences a High Court can pass?
(a) Death sentence
(b) Imprisonment for life
(c) Rigorous imprisonment
(d) Any sentence authorised by law
Q2. Which one of the following courts, under the BNSS can try a murder case?
(a) Judicial Magistrate of the First Class
(b) Judicial Magistrate of the Second Class
(c) Court of Session
(d) None of the above
Q3. Which one of the following courts, under the BNSS can try a case punishable with the life imprisonment?
(a) Judicial Magistrate of the First Class
(b) Judicial Magistrate of the Second Class
(c) Court of Session
(d) None of the above
Q4. Under Section 23 BNSS, the Court of Chief Judicial Magistrate may pass any sentence authorised by law except
(a) A sentence of death
(b) Imprisonment for life
(c) Imprisonment for a term exceeding seven years
(d) All of the above
Q5. Under Section 23 BNSS, the Chief Judicial Magistrate can pass sentence upto-
(a) Upto 10 years
(b) Upto 7 years
(c) Upto 3 years
(d) Imprisonment for life
Q6. Under Section 23 BNSS, the Additional Chief Judicial Magistrate can pass sentence upto-
(a) Upto 10 years
(b) Upto 7 years
(c) Upto 3 years
(d) Imprisonment for life
Q7. Under Section 23 BNSS, the First Class Magistrate can pass sentence upto-
(a) 1 year
(b) 2 years
(c) 3 years
(d) All of these
Q8. Under Section 23(2) of the BNSS, the Court of a Magistrate of the First Class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding …. or both, or of community service.
(a) Ten thousand rupees
(b) Twenty five thousand rupees
(c) Fifty thousand rupees
(d) None of the above
Q9. Under Section 23 BNSS, the Second Class Magistrate can pass sentence upto-
(a) 1 year
(b) 2 years
(c) 3 years
(d) All of these
Q10. Under Section 23(3) of the BNSS, the Court of a Magistrate of the Second Class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding …. or both, or of community service.
(a) Ten thousand rupees
(b) Twenty five thousand rupees
(c) Fifty thousand rupees
(d) None of the above
Q11. Constitutional Bench of the Supreme Court held that the cap of 14 years Rule on aggregate punishment under Section …. of BNSS is not applicable to Sessions Court.
(a) 24(1)
(b) 27(2)
(c) 26(1)
(d) 25(2)
Q12. Which one of the following Sections of the BNSS, provides sentence of imprisonment by the Court of Magistrate in default of fine?
(a) Section 24(1)
(b) Section 25
(c) Section 26
(d) Section 28
Q13. If an accused at one trial is convicted of and punished with imprisonment in two offences, under Section 25 the BNSS, the imprisonments in the absence of any specific direction of the court, will run:
(a) Consecutively
(b) Concurrently
(c) Consecutively as per direction of Jail Authorities
(d) Concurrently as per direction of Jail Authorities
(e) None of the above
Q14. The powers and duties of a Judge and Magistrate may be exercised or performed by –
(a) His successor-in-office
(b) Additional Session Judge
(c) Assistant Session Judge
(d) Chief Judicial Magistrate
Q15. Which one of the following is NOT CORRECT?
(a) High Courts should not pass interim orders which are likely to hamper investigation.
(b) A magistrate can under Section 175(3) of the BNSS send a complaint of non-cognizable offence to the police.
(c) The power of the Magistrate of the First Class to take cognizance of cognizable offence may be impaired by territorial restrictions.
(d) During the course of investigation by the police, the question of cross-examination does not arise.
Q16. A person for offence of theft is convicted and sentenced by the Judicial Magistrate of the First Class to one year imprisonment and fine. What is the maximum term of imprisonment which can be awarded in default of payment of fine.
(a) One month
(b) Nine months
(c) Six months
(d) One year
Q17. Imprisonment in default of payment of fine can be warded –
(a) to run concurrently with substantive sentence imposed.
(b) in addition to the substantive sentence imposed
(c) court can condone it
(d) None of these
Q18. In cases of conviction of a person of several offences at one trial, in no case shall such person be sentenced to imprisonment for a longer period than
(a) 14 years
(b) 17 years
(c) 20 years
(d) 25 years
Q19. What is the difference between consecutive and concurrent sentences?
(a) When the sentence is suffered by the convict one after another, it is said to be consecutive sentence; while if the sentences are suffered together, i.e. lesser sentence merging with the greater sentence, it is known as concurrent sentence.
(b) When the sentence is served together, it is known as consecutive sentence; while if the period of the sentence is undergone, it is concurrent sentence
(c) In consecutive sentence, there should be more than one accused while in concurrent sentence, there should be a single convict
(d) In case of several convicts, the court may order consecutive sentence on few convicts and concurrent sentence on others
Q20. Under which section of the BNSS, offence falling under the Sections 64, 65, 66, 67, 68, 69, 70, or 71 of the Bharatiya Nyaya Sanhita, 2023 as far as possible are to be tried by a woman Presiding Judge?
(a) Section 21(a)
(b) Section 21(b)
(c) Section 55
(d) None of the above
Q21. When after hearing the evidence for prosecution and the accused in a trial on charge for five offences each punishable imprisonment that may extend to three years, the Additional Chief Metropolitan Magistrate is of the opinion that the accused is guilty he may –
(a) pass a judgment of conviction and sentence him to terms of imprisonment on each count directing it to run consecutively but such that the aggregate punishment does not exceed fourteen years of imprisonment.
(b) pronounce the judgment of conviction and then submit the case to Court of Session if he is of opinion that the case merits punishment more severe than he is empowered to inflict.
(c) Both (a) and (b) are correct
(d) Both (a) and (b) are incorrect
Answers:
| 1. | (d) | 2. | (c) | 3. | (c) | 4. | (d) | 5. | (b) | 6. | (b) |
| 7. | (c) | 8. | (c) | 9. | (a) | 10. | (a) | 11. | (d) | 12. | (a) |
| 13. | (a) | 14. | (a) | 15. | (c) | 16. | (b) | 17. | (b) | 18. | (a) |
| 19. | (a) | 20. | (a) | 21. | (a) |