Law and You >Procedural Laws > BNSS > Concept Applications 7.1 MCQs on Processes to Compel the Production of Things (Ss. 94 to 110 BNSS)
MCQs on Processes to Compel the Production of Things
Q1. In a prosecution of an offence punishable under Section 210 of the Bhareatiya Nyaya Sanhita, 2023 for non-compliance/disobedience of the summoned issued under Section 94 BNSS,
(a) The accused cannot take the defence that the documents/things ordered to be produced is not necessary or desirable for the investigation, inquiry or trial.
(b) The accused can take the defence that the documents/things to be produced is not necessary or desirable for the investigation, inquiry or trial.
(c) The accused cannot question the necessity or the desirability of the documents/thing ordered to be produced for the investigation, inquiry or trial.
(d) The accused cannot be permitted to take the defence that the documents/things ordered to be produced is not necessity or the desirable for the investigation, inquiry or trial, as the necessity or desirability stands adjudged before the issuance of summons to produce documents/things.
Q2. Section 94 of the BNSS does not apply to
(a) The complainant
(b) The Witness
(c) The accused
(d) A person who is neither complainant, or accused or witness
Q3. Under which of the following, summons to produce documents may be issued to the person in whose possession they are
(a) Section 93
(b) Section 98
(c) Section 97
(d) Section 94
Q4. In which case the Supreme Court held that in context to the provision under Section 94 of the BNSS the term ‘person’ does not include an accused person on trial.
(a) Om Prakash Sharma v. CBI, 2000
(b) T. Subbiah v. Ramaswamy, 1970
(c) Shyamlal v. State of Gujarat, 1965
(d) Jagdish Prasad Sharma v. Sttae of Bihar, 1988\
Q5. The principle that accused cannot at the stage of framing charge invoke Section 94 was laid down in
(a) State of Orissa v. Debendra Nath Padhi
(b) Satish Mehra v. Delhi Administration
(c) K. M. Mathew v. K.A. Abraham
(d) Adalat Prasad v. Rooplal Jindal
Q6. Who amongst the following is competent under Section 95 of the BNSS to order the postal or telegraph authorities to deliver documents/thing?
(a) Judicial Magistrate
(b) District Magistrate
(c) Magistrate of the First Class
(d) None of the above
Q7. A Court may issue search warrant
(a) where such document is not known to the court to be in possession of any person
(b) where the court consider that the purpose of any inquiry, trial or other proceeding will be served by general search or inspection
(c) where the court has reason to believe that a person upon requisition will not or would not produce the document or thing
(d) all of the above
Q8. Whether the Court can issue search warrant where it has no knowledge about the document ot thing to be in the possession of any person?
(a) No
(b) Only when it comes to know about the specific article
(c) Yes
(d) When specific place or person is specxified
Q9. Section ….. of the BNSS, provides when search warrant may be issued by the Court
(a) Section 95
(b) Section 96
(c) Section 98
(d) None of the above
Q10. Who is authorized under the BNSS to grant a warrant to search for a document, parcel or other thing in the custody of Postal or Tewlegraph authority?
(a) District Magistrate
(b) Chief Judicial Magistrate
(c) Both (a) and (b)
(d) Magistrate of First Class
Q11. Any property which may be alleged or suspected to have been stolen
(a) cannot be seized by a police officer
(b) can be seized by a police officer
(c) can be sold by a police officer
(d) can be appropriated by a police officer
Q12. Under Section 98 of the BNSS, certain publications can be forfeited and search warrant can be issued for the same. In this context, which of the following is/are correct legal propositions
(i) A news paper cannot be forfeited and search warrant cannot be issued for the same as it would be violative of the fundamental right of speech and expression
(ii) A book can be forfeited and search warrant can be issued for the same.
(iii) A document can be forfeited and search warrant can be issued for the same
Select the correct answer using the code given below:
(a) (i) only
(b) (ii) only
(c) (ii) and (iii) only
(d) (i), (ii) and (iii)
Q13. To set aside forfeiture under Section 98 of the BNSS, application may be given to
(a) Session Court
(b) High Court
(c) Supreme Court
(d) Any of the above
Q14. Which provision of the BNSS resembles with Habeas Corpus Writ?
(a) Section 100
(b) Section 94
(c) Section 96
(d) Section 99
Q15. Under Section 100 of the BNSS, search warrant to find out a person can be issued if:
(a) The person is absconding
(b) The person is unlawfully confined
(c) The person is missing
(d) Whereabouts of search person are not known.
Q16. Who among the following can issue search-wararnt under the BNSS, if there is a reason to believe that any person is confined and such confinement amounts to an offence?
(a) High Court
(b) Session Court
(c) District Magistrate
(d) All of the above
Q17. Who among the following can issue search-wararnt under the BNSS, if there is a reason to believe that any person is confined and such confinement amounts to an offence?
(a) Sub-divisional Magistrate
(b) Magistrate of the First Class
(c) District Magistrate
(d) All of the above
Q18. To whom Section 101 BNSS, a complaint on oath for restoration of an abducted female child to the person having her lawful charge, may be presents?
(a) The District Magistrate
(b) The Sub Divisional Magistrate
(c) The Magistrate First Class
(d) All of the above
Q19. Which of the following is not an essential search procedure under Section 103 of the BNSS?
(a) Joining of two independent and respectable inhabitants of the locality in the search as witness
(b) Signing of search-memo by witnesses to search
(c) Attendance of occupant of the place during the search
(d) Signature of the accused on the search list
Q20. Under Section 106 of the BNSS who is authorised to seize stolen property?
(a) Police Officer
(b) Judicial Magistrate
(c) Executive Magistrate
(d) Special Magistrate
Q21. Can a Magistrate order search of any place in his presence, for the search of which he is empowered to issue a search warrant?
(a) Yes, under Section 108 of the BNSS
(b) Yes, under Section 109 of the BNSS
(c) No
(d) Yes, under Section 110 of the BNSS
Q22. Which Section of the BNSS involves the reciprocal arrangements to be made by the Central Government with the foreign governments through a treaty with regard to the service of summons/warrants/ judicial process?
(a) Section 103
(b) Section 108
(c) Section 110
(d) Section 109
Q23. Section 120 of the BNSS deals with
(a) Forfeiture of property in certain cases
(b) Notice of forfeiture of property
(c) Management of properties seized or forfeiture
(d) Identifying unlawfully acquired property
Answers:
| 1. | (b) | 2. | (c) | 3. | (d) | 4. | (c) | 5. | (d) | 6. | (b) |
| 7. | (d) | 8. | (c) | 9. | (b) | 10. | (c) | 11. | (b) | 12. | (c) |
| 13. | (b) | 14. | (a) | 15. | (b) | 16. | (c) | 17. | (d) | 18. | (d) |
| 19. | (d) | 20. | (a) | 21. | (a) | 22. | (c) | 23. | (a) |
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)