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Bihar Civil Judge Exam practice questions

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Question 1Civil Procedure Code, 1908

Under the Code of Civil Procedure, 1908, a suit for recovery of immovable property situated in Bihar is ordinarily to be instituted in the court of the lowest grade competent to try it, in which place?

  1. Where the plaintiff resides
  2. Where the cause of action wholly arose
  3. Where the property is situated Correct answer.
  4. Where the defendant voluntarily resides

Explanation

Section 16 CPC lays down that suits relating to recovery of immovable property must be brought where the property is situate. This is a rule of local jurisdiction that overrides the general options in section 20. The court of the lowest grade competent to try the suit must be chosen under section 15.

Question 2Civil Procedure Code, 1908

A plaint is presented in a court which has no territorial jurisdiction over the subject matter. What is the correct course available to that court under the Code of Civil Procedure, 1908?

  1. Return the plaint to be presented to the proper court at any stage of the suit Correct answer.
  2. Dismiss the suit on merits after full trial
  3. Reject the plaint under Order VII Rule 11 as barred by law
  4. Transfer the plaint to the proper court on its own motion without any application

Explanation

Order VII Rule 10 permits the court to return the plaint at any stage of the suit if it finds it has no jurisdiction, directing presentation to the proper court. The plaint is returned, not dismissed, so limitation is preserved under section 14 of the Limitation Act. Rejection under Rule 11 is confined to the grounds listed there.

Question 3Civil Procedure Code, 1908

In a suit, the defendant raises a counterclaim against the plaintiff. Which statement correctly describes the treatment of that counterclaim under the Code of Civil Procedure, 1908?

  1. It cannot be raised if the plaintiff's suit is withdrawn
  2. It is entertained only with the leave of the High Court
  3. It can only be raised in a separate suit
  4. It is treated as a plaint and the plaintiff must file a written statement to it Correct answer.

Explanation

Order VIII Rule 6A provides that a counterclaim is to be treated as a plaint and the party against whom it is made must file a written statement. The court may pronounce a final judgment on both the original claim and the counterclaim. A counterclaim is a cross-claim in the same suit and does not require separate proceedings.

Question 4Civil Procedure Code, 1908

A plaint is rejected under Order VII Rule 11(a) for not disclosing a cause of action. What is the consequence as to limitation on a fresh suit?

  1. The plaintiff may claim exclusion of the period spent in the rejected suit under section 14 of the Limitation Act Correct answer.
  2. The fresh suit is barred unless filed within thirty days
  3. The plaintiff loses the right to sue afresh altogether
  4. Limitation runs from the date of rejection, giving a fresh full period

Explanation

Rejection of a plaint does not decide the suit on merits. Section 14 of the Limitation Act allows exclusion of time spent bona fide in a court without jurisdiction or in a suit that fails for defect of procedure. The plaintiff may therefore institute a fresh suit with the benefit of that exclusion.

Question 5Civil Procedure Code, 1908

An ex parte decree is passed against a defendant who was duly served but did not appear. Which remedy lies specifically against that decree?

  1. An application under Order IX Rule 13 to set aside the ex parte decree Correct answer.
  2. A revision under section 115
  3. An appeal under section 96 only
  4. A review under section 114

Explanation

Order IX Rule 13 provides the specific remedy of an application to set aside an ex parte decree where the defendant was absent. The applicant must show sufficient cause for non-appearance or that the summons was not duly served. An appeal also lies, but the rule 13 application is the characteristic remedy for the absent defendant.

Question 6Civil Procedure Code, 1908

A plaintiff seeks a temporary injunction pending the suit. Which condition must the court be satisfied about before granting it under Order XXXIX?

  1. A prima facie case, irreparable injury and balance of convenience in favour of the applicant Correct answer.
  2. That the defendant has already been served with notice of the suit
  3. That the suit is valued above a prescribed pecuniary limit
  4. That the plaintiff will ultimately succeed in the suit

Explanation

The settled tests for a temporary injunction under Order XXXIX Rules 1 and 2 are a prima facie case, irreparable injury that cannot be compensated in money, and the balance of convenience. These are the traditional three ingredients applied by civil courts. The court also considers whether the object of the suit would be defeated without the order.

Question 7Civil Procedure Code, 1908

Where a party fails to comply with an order for discovery or for production of documents, what consequence does the Code of Civil Procedure, 1908 provide?

  1. The suit may be dismissed or the defence struck out, as the case may be Correct answer.
  2. The party is automatically committed to civil prison for six months
  3. The court must refer the matter to the High Court
  4. The document is deemed to be admitted as genuine

Explanation

Order XI contains provisions for discovery and inspection, and non-compliance attracts penalties such as dismissal of the suit or striking out of the defence. The court may also make such order as it thinks just, including costs. The sanction is procedural and calibrated to the defaulting party's position in the suit.

Question 8Civil Procedure Code, 1908

Which of the following is a suit of a civil nature within the meaning of section 9 of the Code of Civil Procedure, 1908?

  1. A suit for declaration of title to immovable property Correct answer.
  2. A suit relating to religious rites and ceremonies
  3. A suit for enforcement of a right created by a statute that expressly bars civil suits
  4. A suit to challenge an assessment of income tax

Explanation

Section 9 confers jurisdiction on civil courts over all suits of a civil nature except those expressly or impliedly barred. A suit for declaration of title to property is the classic civil suit concerning a civil right. Suits on rights that are purely religious or barred by statute fall outside section 9.

Question 9Civil Procedure Code, 1908

A defendant wishes to raise the objection that the suit is barred by limitation. At what stage must this objection ordinarily be taken under the Code of Civil Procedure, 1908?

  1. By a separate application before the first hearing
  2. In the written statement as a specific plea Correct answer.
  3. At the stage of final arguments only
  4. After the framing of issues, with leave of the court

Explanation

Order VIII Rule 2 requires the defendant to raise all grounds of defence, including limitation, in the written statement. Limitation is a mixed question of law and fact that must be specifically pleaded and proved. A plea not so raised is generally not entertained at a later stage without leave.

Question 10Civil Procedure Code, 1908

Under section 89 of the Code of Civil Procedure, 1908, the court may refer a dispute for settlement to which of the following?

  1. A commission for local investigation
  2. Arbitration only
  3. Arbitration, conciliation, judicial settlement including Lok Adalat or mediation Correct answer.
  4. A referee to record evidence

Explanation

Section 89 empowers the court, where it appears that elements of a settlement exist, to formulate terms and refer the dispute to arbitration, conciliation, judicial settlement including settlement through a Lok Adalat, or mediation. It is a provision aimed at alternative dispute resolution. Commissions and referees serve different evidentiary purposes.

Question 11Civil Procedure Code, 1908

An application for review of a judgment is filed before the same court. Which ground is essential for maintaining it under section 114 of the Code of Civil Procedure, 1908?

  1. That the judgment is contrary to the weight of evidence
  2. That the judge has since been transferred
  3. Discovery of new and important matter or evidence, or a mistake or error apparent on the face of the record Correct answer.
  4. That the opposite party has failed to appear

Explanation

Section 114 permits review on the discovery of new and important matter or evidence which, after due diligence, was not within the applicant's knowledge, or on some mistake or error apparent on the face of the record, or for any other sufficient reason. A review is not an appeal in disguise and cannot re-argue the evidence. The error must be self-evident from the record.

Question 12Civil Procedure Code, 1908

A court has passed an order under section 47 in execution proceedings. Which remedy is available against that order?

  1. A revision under section 115 only
  2. An appeal under section 96 as if it were a decree
  3. An appeal under section 104 read with Order XLIII Correct answer.
  4. No remedy lies at all

Explanation

Orders passed on questions arising in execution under section 47 are appealable where section 104 read with Order XLIII Rule 1 so provides. Section 47 disputes are treated as separate proceedings for the purpose of appealability. The remedy is a miscellaneous appeal, not an appeal from the original decree.

Question 13Civil Procedure Code, 1908

A person who is not a party to the suit but who is affected by an order of injunction may seek which remedy under the Code of Civil Procedure, 1908?

  1. A revision under section 115 only
  2. A suit for damages only
  3. An appeal under Order XLIII Rule 1(r) Correct answer.
  4. An application to the District Judge for transfer

Explanation

Order XLIII Rule 1(r) makes an order granting or refusing an injunction appealable. A person aggrieved, including a stranger affected by the order, may invoke the appellate remedy. The appeal lies to the court to which appeals ordinarily lie from the decisions of the court granting the injunction.

Question 14Civil Procedure Code, 1908

Under section 100 of the Code of Civil Procedure, 1908, a second appeal lies to the High Court on which ground?

  1. A substantial question of law Correct answer.
  2. The inadequacy of the relief granted
  3. The improper valuation of the suit
  4. Any error of fact apparent on the evidence

Explanation

Section 100 restricts second appeals to cases involving a substantial question of law. The High Court must formulate that question at the time of admission. Concurrent findings of fact by the courts below are ordinarily binding and cannot be reopened.

Question 15Civil Procedure Code, 1908

A defendant who has not appeared despite service applies to set aside an ex parte decree after the period of limitation for such application has expired. What must the court consider?

  1. Whether sufficient cause for condonation of delay is shown under section 5 of the Limitation Act Correct answer.
  2. Whether the decree is for money or for property
  3. Whether the defendant has a good defence on merits alone
  4. Whether the plaintiff consents to setting aside

Explanation

An application under Order IX Rule 13 must be made within thirty days of the ex parte decree, and delay may be condoned under section 5 of the Limitation Act on sufficient cause. The court examines the explanation for the delay alongside the grounds for non-appearance. Consent of the plaintiff is irrelevant to the exercise of statutory power.

Question 16Civil Procedure Code, 1908

A plaint is filed against a minor defendant. Which provision of the Code of Civil Procedure, 1908 governs the procedure for service and representation of the minor?

  1. Order XXII, which deals with death of parties
  2. Order XXXII, which requires appointment of a guardian ad litem Correct answer.
  3. Order XXVI, which deals with commissions
  4. Order XXXVIII, which deals with arrest before judgment

Explanation

Order XXXII lays down the procedure for suits by or against minors and persons of unsound mind. The court appoints a guardian ad litem to represent the minor where there is no natural guardian competent to act. A decree against a minor without proper representation is liable to be set aside.

Question 17Civil Procedure Code, 1908

A suit is instituted in the court of a Munsif in Bihar. The defendant contends that the court has no pecuniary jurisdiction. Which objection and consequence are correct?

  1. The objection is waived if not raised at the earliest opportunity and the decree remains valid
  2. The suit must be transferred to the High Court
  3. The court may enhance its own pecuniary jurisdiction
  4. The plaint must be returned for presentation to the proper court Correct answer.

Explanation

Pecuniary jurisdiction is a matter of the court's competence, and where the suit is beyond the court's pecuniary limit the plaint is returned under Order VII Rule 10 for presentation to the proper court. An objection to pecuniary jurisdiction may be raised at any stage because it goes to the root of the court's power. The proper forum is the court of competent pecuniary jurisdiction, not the High Court.

Question 18Civil Procedure Code, 1908

A party seeks to examine a witness who is unable to attend court because of illness. What is the appropriate course under the Code of Civil Procedure, 1908?

  1. Examine the witness through a next friend
  2. Abandon the evidence entirely
  3. Apply for a commission under Order XXVI to examine the witness Correct answer.
  4. Examine the witness by affidavit without leave

Explanation

Order XXVI Rule 4 permits the court to issue a commission for the examination of a witness who is unable to attend court owing to illness or other sufficient cause. The commission executes the examination and returns the deposition to the court. Affidavit evidence is not a substitute for examination of a witness in court except as permitted by law.

Question 19Civil Procedure Code, 1908

Under section 151 of the Code of Civil Procedure, 1908, a civil court may exercise which power?

  1. Create a new jurisdiction not conferred by statute
  2. Review its own judgment without any ground
  3. Override an express statutory provision
  4. Pass such orders as may be necessary for the ends of justice or to prevent abuse of process Correct answer.

Explanation

Section 151 preserves the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. The power is residual and cannot be used to defeat express provisions of law. It supplements, and does not override, the statutory scheme.

Question 20Civil Procedure Code, 1908

A plaintiff dies during the pendency of the suit and his legal representatives fail to apply for substitution within the prescribed time. What is the consequence under Order XXII?

  1. The suit automatically continues against the heirs without substitution
  2. The plaint is rejected under Order VII Rule 11
  3. The decree already passed becomes void
  4. The suit abates, subject to the court's power to set aside abatement on sufficient cause Correct answer.

Explanation

Order XXII Rule 3 requires the legal representatives of a deceased plaintiff to be brought on record within the time limited by law. If no application is made, the suit abates under Rule 3 read with Article 120 of the Limitation Act. The court may set aside the abatement on sufficient cause being shown under Rule 9.

Question 21Civil Procedure Code, 1908

A defendant against whom an order of attachment before judgment has been made wishes to furnish security. What is the effect under Order XXXVIII?

  1. The plaintiff must pay damages in every case
  2. The attachment may be withdrawn on furnishing security satisfactory to the court Correct answer.
  3. The attachment is automatically converted into a decree
  4. The suit must be dismissed against him

Explanation

Order XXXVIII Rule 5 permits attachment before judgment where the defendant is about to dispose of property to defeat a decree. Rule 9 provides that the court may withdraw the attachment if the defendant furnishes security. The purpose is to secure satisfaction of a possible decree, not to punish the defendant.

Question 22Civil Procedure Code, 1908

In a suit where the defendant admits part of the plaintiff's claim, which provision of the Code of Civil Procedure, 1908 allows the court to pass judgment on that admission?

  1. Order XII Rule 6 Correct answer.
  2. Order XV Rule 4
  3. Order X Rule 2
  4. Order VIII Rule 10

Explanation

Order XII Rule 6 empowers the court, on the application of a party, to pass judgment on admissions of fact made in pleadings or otherwise. The admission must be clear and unequivocal. The rule enables a prompt decree to the extent of the admitted claim.

Question 23Civil Procedure Code, 1908

A court of small causes in Bihar passes a decree. Which statement about the appeal against that decree is correct under the Code of Civil Procedure, 1908?

  1. No appeal lies from a decree of a court of small causes, save as provided in the Provincial Small Cause Courts Act Correct answer.
  2. An appeal lies only with the leave of the High Court
  3. A first appeal lies to the District Judge in all cases
  4. A second appeal lies directly to the High Court

Explanation

Section 96(4) bars appeals from decrees of courts of small causes except as expressly provided in the Provincial Small Cause Courts Act, 1887. That Act permits a revision rather than an appeal in most cases. The scheme reflects the finality intended for small cause litigation.

Question 24Civil Procedure Code, 1908

A party seeks to amend his pleadings after the trial has commenced. Which guiding principle governs the court's discretion under Order VI Rule 17?

  1. Amendment can only be allowed by the appellate court
  2. All amendments necessary for determining the real question in controversy shall be allowed, subject to the proviso barring amendment after trial commences unless due diligence is shown Correct answer.
  3. Amendment is a matter of right and must be allowed in every case
  4. Amendment is barred once issues are framed

Explanation

Order VI Rule 17 requires the court to allow amendments necessary to determine the real question in controversy. The proviso, inserted in 2002, bars amendment after trial has commenced unless the court concludes that the party could not have raised the matter earlier despite due diligence. The discretion is judicial and cannot be claimed as a right.

Question 25Civil Procedure Code, 1908

A plaintiff seeks to sue in a representative capacity on behalf of numerous persons having the same interest. Which provision of the Code of Civil Procedure, 1908 permits this?

  1. Order I Rule 8 Correct answer.
  2. Order II Rule 2
  3. Order IV Rule 1
  4. Order I Rule 10

Explanation

Order I Rule 8 allows one or more persons to sue or be sued on behalf of numerous persons having the same interest in the suit. The court gives notice of the institution of the suit to all such persons at the plaintiff's expense. Any person so interested may apply to be made a party.

Question 26Civil Procedure Code, 1908

A plaint is returned to the plaintiff under Order VII Rule 10 of the Code of Civil Procedure, 1908 for presentation in the proper court. Within what period must the plaintiff present it in that court so that the proceedings retain continuity?

  1. Within ninety days from the date of return
  2. Within the period of limitation prescribed for the suit Correct answer.
  3. Within one year from the date of return
  4. Within thirty days from the date of return

Explanation

Order VII Rule 10(2) provides that where a plaint is returned for presentation to the proper court, the plaintiff may present it in that court within the period of limitation prescribed for the suit. If he does so, the suit is deemed to have been instituted on the date of the original presentation, and the time taken in the first court is excluded. The rule protects the plaintiff from being penalised for the wrong forum chosen in good faith.

Question 27Civil Procedure Code, 1908

A defendant has been served with summons but does not appear on the first hearing date. The court proceeds to pass an order dismissing the suit for the plaintiff's default in paying process fee. What is the correct position regarding the absent defendant's right to be heard at a later stage?

  1. He must file a written statement within thirty days as a precondition to being heard
  2. He may appear and be heard on any later date before the decree is passed Correct answer.
  3. He is debarred from being heard at any stage once he fails to appear on the first date
  4. He may be heard only if he applies to set aside the dismissal order

Explanation

Under Order IX Rule 1, where a defendant fails to appear on the day fixed for hearing, the court may proceed ex parte, but the defendant is entitled to appear and be heard on any subsequent date before the decree is passed, on showing sufficient cause for the earlier non-appearance. The Code does not shut him out permanently; the consequence of non-appearance is procedural, not a forfeiture of the right of audience. Setting aside is needed only where a decree has actually been passed ex parte against him.

Question 28Civil Procedure Code, 1908

A plaintiff applies under Order XXXIX Rule 7 for the local investigation of property which is the subject matter of the suit, to ascertain its value and condition. Which statement correctly describes the court's power and the consequence of such a report?

  1. The report is binding on the parties and operates as a decree on the question of value
  2. The report may be used only if both parties expressly consent to it in writing
  3. The court may issue a commission, and the report forms part of the evidence to be weighed with the other material on record Correct answer.
  4. The court cannot issue such a commission once the defendant has filed a written statement

Explanation

Order XXVI Rule 9 read with Order XXXIX Rule 7 permits the court to issue a commission for local investigation where it is necessary for the purpose of elucidating any matter in dispute. The commissioner's report and the evidence taken by him are part of the record and are considered along with other evidence; they do not conclusively bind the court. Any party may object to the report under Order XXVI Rule 10.

Question 29Civil Procedure Code, 1908

A suit is filed against a firm in its firm name. The plaintiff wishes to proceed against a person who is a partner but who was not joined by name. Which course is correct under the Code of Civil Procedure, 1908?

  1. The plaintiff may apply to the court to add the partner as a party, and the court may allow the amendment Correct answer.
  2. The plaintiff must file a fresh suit against the partner by name, since amendment is barred
  3. The suit is incompetent and must be dismissed as against the firm itself
  4. The partner can be proceeded against only if he himself applies to be impleaded

Explanation

Order XXX Rule 1 allows a suit against a firm in the firm name, and Rule 2 permits the plaintiff to apply to the court for leave to amend the plaint so as to add any person as a party who is alleged to be a partner. The court may grant such leave on such terms as it thinks fit. This avoids multiplicity of proceedings and a fresh suit.

Question 30Civil Procedure Code, 1908

A decree-holder attaches a house in execution. A third party claims that the house belongs to him and not to the judgment-debtor. The executing court, after inquiry, rejects the claim. Which statement best describes the third party's remedy and the executing court's power?

  1. The third party may file a suit to establish his title, and the executing court may also order the attachment to continue subject to the result of that suit Correct answer.
  2. The third party is without remedy because the claim was heard and decided by a competent court
  3. The third party must file an appeal against the rejection, since a claim order is a decree
  4. The third party must apply for review of the claim order before the same executing court

Explanation

Under Order XXI Rule 58 the court adjudicates claims to attached property, and Rule 63 (as it stood) preserves the right of a party whose claim is rejected to institute a suit to establish the right he claims. The order on a claim petition is not a decree and is not appealable as such; the aggrieved claimant's remedy is a title suit, and the attachment may continue pending its outcome. The suit is to be filed within the period of limitation prescribed for establishing title.

Question 31Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which officer is competent to record the first information in a cognizable case?

  1. The Magistrate having territorial jurisdiction
  2. Any police officer of the rank of sub-inspector or above
  3. The officer in charge of a police station Correct answer.
  4. The investigating officer specially appointed by the Superintendent of Police

Explanation

The BNSS retains the settled rule that the first information report in a cognizable case is recorded by the officer in charge of the police station, who then sets investigation in motion. Subordinate officers may assist, but the statutory duty to record attaches to the station house officer.

Question 32Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

A person is arrested without warrant by a police officer. Under the BNSS, which right must be communicated to the arrested person as a constitutional and statutory safeguard?

  1. The right to have the case transferred to another district
  2. The right to be released on bail as a matter of course
  3. The right to demand a jury trial
  4. The right to consult and be defended by a legal practitioner of choice Correct answer.

Explanation

Article 22(1) of the Constitution and the corresponding BNSS provision entitle an arrested person to be informed of the grounds of arrest and to consult and be defended by a legal practitioner of choice. This safeguard operates from the moment of arrest and is reinforced by the rules on production before a Magistrate.

Question 33Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Within what period must an arrested person be produced before the nearest Magistrate under the BNSS?

  1. Within seventy-two hours of arrest if the investigation is not complete
  2. Within twelve hours of arrest in every case
  3. Within forty-eight hours of arrest where the offence is punishable with death
  4. Within twenty-four hours of arrest, excluding the time necessary for the journey Correct answer.

Explanation

The constitutional and statutory rule requires production before the nearest Magistrate within twenty-four hours of arrest, excluding the time necessary for the journey from the place of arrest to the court. Detention beyond that period without judicial authorisation is illegal.

Question 34Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

A police officer wishes to search a place without a warrant in connection with a cognizable offence. Under the BNSS, which requirement best describes the statutory precondition?

  1. He must always be accompanied by two independent witnesses of the locality
  2. He must wait for the expiry of seven days after registering the first information report
  3. He must obtain prior written permission from the Superintendent of Police in every case
  4. He must have reasonable grounds for believing that anything necessary for the investigation may be found there and record those grounds in writing Correct answer.

Explanation

A search without warrant is permitted where the officer has reasonable grounds to believe that anything necessary for the investigation of a cognizable offence may be found in a place within his station limits. The grounds must be recorded in writing, which provides a check against arbitrary searches.

Question 35Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Which of the following best describes the power of a Magistrate to order investigation by a superior police officer after a report has been received?

  1. The Magistrate may never interfere with the choice of investigating officer
  2. The Magistrate may direct investigation by an officer superior in rank to the station house officer whenever the gravity of the case requires it Correct answer.
  3. The Magistrate may appoint a private person as investigating officer
  4. The Magistrate may direct that the investigation be conducted by the complainant's advocate

Explanation

The BNSS permits the Magistrate, on receiving a report or otherwise, to direct investigation by a police officer superior in rank to the officer in charge of the police station where the gravity of the case or other circumstances so require. The direction is supervisory and does not transfer adjudication of guilt.

Question 36Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

A complaint is filed before a Magistrate alleging an offence. Under the BNSS, which course is open to the Magistrate before taking cognizance?

  1. The Magistrate must dismiss the complaint if the police have not registered a first information report
  2. The Magistrate must straightaway issue process against the accused
  3. The Magistrate may examine the complainant and witnesses on oath and postpone the issue of process Correct answer.
  4. The Magistrate must refer the complaint to the police in every instance

Explanation

On receiving a complaint, the Magistrate examines the complainant and the witnesses on oath and may take cognizance or postpone the issue of process to ascertain whether there is sufficient ground for proceeding. Reference to the police under the relevant provision is discretionary, not mandatory in every case.

Question 37Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Which statement correctly captures the distinction between a 'cognizable' and a 'non-cognizable' offence under the BNSS?

  1. In a non-cognizable offence the police may investigate without any order but cannot arrest
  2. The distinction depends solely on whether the offence is compoundable
  3. In a cognizable offence the police cannot investigate without the Magistrate's permission
  4. In a cognizable offence a police officer may arrest without warrant, while in a non-cognizable offence he generally needs an order of a Magistrate Correct answer.

Explanation

The classification turns on the power of arrest and investigation without magisterial authority: in a cognizable offence a police officer may arrest without warrant and investigate, whereas a non-cognizable offence ordinarily requires an order of a Magistrate for investigation. Compoundability is a separate concept.

Question 38Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Under the BNSS, a police officer may require a person to execute a bond for keeping the peace. Which authority is competent to take such action?

  1. Any police officer of the rank of constable
  2. The complainant in the case
  3. The investigating officer only after filing of the charge-sheet
  4. The officer in charge of a police station, subject to the control of the Magistrate Correct answer.

Explanation

The power to require a bond for keeping the peace is exercised by the officer in charge of a police station, whose action is subject to the control and revision of the Magistrate. The procedure is preventive rather than punitive and must follow the statutory safeguards.

Question 39Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Which of the following is the correct description of the procedure for a summary trial under the BNSS?

  1. It is available only for offences punishable with death
  2. It requires a mandatory jury verdict
  3. It can be adopted only in the High Court
  4. It applies to specified petty offences and the procedure is simplified, with the Magistrate recording the substance of the evidence Correct answer.

Explanation

Summary trial is a simplified procedure available for specified petty offences, allowing the Magistrate to record the substance of the evidence rather than a full verbatim record. The maximum sentence that can be imposed in a summary trial is capped by statute.

Question 40Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

A Magistrate takes cognizance of an offence on the basis of a police report. Which document forms the foundation of the case before the court at that stage?

  1. The police report together with the materials collected during investigation Correct answer.
  2. The charge-sheet filed by the complainant's counsel
  3. The complaint of the informant
  4. The first information report alone

Explanation

Cognizance on a police report is founded on the report filed by the investigating officer, which is accompanied by the statements, documents and material collected during investigation. The first information report is only the starting point and does not by itself constitute the police report.

Question 41Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Under the BNSS, the court may order further investigation in a case. Which statement best reflects the position?

  1. Further investigation may be ordered only before the charge-sheet is filed
  2. Further investigation can be ordered only by the High Court
  3. Further investigation is barred once the Magistrate takes cognizance
  4. Further investigation may be ordered even after the charge-sheet is filed and before or during trial if the interests of justice require it Correct answer.

Explanation

The power to direct further investigation is not exhausted by the filing of the charge-sheet; the court may order it where the interests of justice so require, including during trial. The purpose is to secure a complete and fair investigation rather than to supplement the prosecution's case selectively.

Question 42Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Which of the following correctly states the effect of a defect in the framing of a charge on the trial?

  1. A defective charge can never be amended
  2. A defect in a charge is curable if it has not occasioned a failure of justice Correct answer.
  3. Every defect in a charge vitiates the trial automatically
  4. A defect in a charge is curable only if the accused pleads guilty

Explanation

The BNSS follows the settled principle that an error, omission or irregularity in a charge is not fatal unless it has occasioned a failure of justice. The court may permit amendment of the charge at any stage before judgment if the defect is material.

Question 43Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Under the BNSS, which of the following is a ground on which a court may order the accused to be released on bail in a non-bailable offence?

  1. The complainant consents to the release
  2. The accused has already been in custody for twenty-four hours
  3. There are reasonable grounds for believing that the accused is not guilty of the offence and is not likely to commit an offence while on bail Correct answer.
  4. The accused is a first offender and the offence is punishable with less than seven years

Explanation

The statutory discretion in non-bailable offences is guided by whether there are reasonable grounds to believe the accused is not guilty and is not likely to commit an offence while on bail. Additional conditions apply to offences punishable with death or imprisonment for life.

Question 44Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Which statement correctly describes anticipatory bail under the BNSS?

  1. It is available only in cases punishable with death
  2. It may be granted only after the person has been arrested
  3. It may be granted only by a Magistrate of the first class
  4. It may be granted by the High Court or the Court of Session to a person apprehending arrest in a non-bailable offence Correct answer.

Explanation

Anticipatory bail is a direction that in the event of arrest the person shall be released on bail, and the power is conferred on the High Court and the Court of Session. It operates in non-bailable offences and is subject to conditions such as cooperation with the investigation.

Question 45Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Under the BNSS, which court is competent to try an offence punishable with imprisonment for life?

  1. The Executive Magistrate
  2. The Court of Session Correct answer.
  3. The Court of a Judicial Magistrate of the first class
  4. The Court of a Judicial Magistrate of the second class

Explanation

Offences punishable with imprisonment for life are triable by the Court of Session, which is the court of original jurisdiction for such grave offences. Magistrates are competent only for offences within the limits of the punishment they are empowered to impose.

Question 46Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Which of the following correctly describes the procedure for compounding an offence under the BNSS?

  1. Compounding is available only after conviction
  2. Compounding is permissible only for offences specified by statute and, for certain offences, with the consent of the court Correct answer.
  3. Compounding is available for all offences punishable with death
  4. Compounding requires the permission of the High Court in every case

Explanation

Compounding is confined to offences listed in the statutory table; some may be compounded with the consent of the court, others without it. Compounding has the effect of acquittal of the accused and is not a general remedy for every offence.

Question 47Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

A witness summoned by a court fails to appear without lawful excuse. Which power may the court exercise under the BNSS?

  1. The court may issue a warrant, and may also proceed for the offence of non-attendance as provided by law Correct answer.
  2. The court may direct the police to register a first information report against the witness
  3. The court may order the witness's property to be attached without any further procedure
  4. The court may impose a fine exceeding rupees one lakh in every case

Explanation

A court may enforce the attendance of a witness by issuing a warrant and may also take action for the statutory offence of wilful non-attendance. The power is coercive but must be exercised with regard to the prescribed procedure and the maximum limits.

Question 48Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Which of the following statements about the right of appeal under the BNSS is correct?

  1. An appeal is available only against acquittal and not against conviction
  2. No appeal lies from a conviction where the sentence is only a fine not exceeding the statutory limit, subject to the exceptions provided Correct answer.
  3. An appeal lies to the Court of Session from every conviction by a Magistrate
  4. An appeal always lies directly to the Supreme Court from a Magistrate's conviction

Explanation

The BNSS provides for appeals from convictions, but petty convictions involving only a fine up to the statutory limit are excluded, subject to the specified exceptions. The forum depends on the sentence and the court passing it.

Question 49Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Under the BNSS, the court may order the accused to pay compensation to a person who has suffered loss as a result of the offence. Which statement best describes this power?

  1. Compensation may be ordered in addition to or in lieu of other punishment, and is guided by the loss suffered and the means of the accused Correct answer.
  2. Compensation can be ordered only by the High Court
  3. Compensation may be ordered only after conviction, as part of the sentence
  4. Compensation is available only in cases of murder

Explanation

The statutory power allows the court to order compensation, in addition to or in lieu of other punishment, having regard to the loss suffered and the means of the accused. It is a sentencing discretion that must be exercised judicially and with reasons.

Question 50Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Which of the following correctly states the rule on the accused's right to be heard on the question of sentence?

  1. The accused has no right to be heard on sentence
  2. The right to be heard on sentence arises only in capital cases
  3. Only the prosecution may address the court on sentence
  4. The court must hear the accused on the question of sentence before passing sentence, except where the proceedings are summary Correct answer.

Explanation

The BNSS requires the court to hear the accused on the question of sentence before passing sentence, which is an important facet of fair procedure. Summary trials are exempted because of their simplified nature.