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Telangana Civil Judge practice questions

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Question 1Civil Procedure Code, 1908

Under the Code of Civil Procedure, 1908, a suit for the recovery of immovable property situated in Telangana is ordinarily to be instituted in which court?

  1. The court where the plaintiff resides
  2. The court where the cause of action first arose
  3. The court within whose local limits the property is situate Correct answer.
  4. The court where the defendant voluntarily resides

Explanation

Section 16 CPC lays down that suits for recovery of immovable property, partition, foreclosure, sale or redemption of a mortgage of immovable property must be brought where the property is situate. This is a rule of local jurisdiction that cannot be displaced by the general options in section 20.

Question 2Civil Procedure Code, 1908

A defendant in a suit before a District Court in Telangana wishes to raise a preliminary objection that the court has no territorial jurisdiction. At what stage must such an objection ordinarily be taken?

  1. Only in an appeal against the decree
  2. Only after the plaintiff's evidence is closed
  3. At or before the settlement of issues, in the written statement or by application Correct answer.
  4. At any time before the final judgment is pronounced

Explanation

Order VIII Rule 1A and the general scheme of the Code require objections to jurisdiction to be raised at the earliest opportunity, that is, at or before settlement of issues. A belated objection may be disallowed, though lack of subject-matter jurisdiction can be raised at any stage.

Question 3Civil Procedure Code, 1908

Under Order VII Rule 11 CPC, which of the following is a ground on which the plaint may be rejected?

  1. The plaintiff has not engaged a senior advocate
  2. The defendant has a strong counterclaim
  3. The plaintiff has claimed an excessive amount as damages
  4. The plaint does not disclose a cause of action Correct answer.

Explanation

Order VII Rule 11 lists specific grounds for rejection of a plaint, including that it does not disclose a cause of action, that the relief claimed is undervalued, that the suit is barred by law, or that the plaint is not filed in duplicate as required. Excessive claim or a counterclaim is not a ground.

Question 4Civil Procedure Code, 1908

A plaint is returned under Order VII Rule 10 for presentation to the proper court. What is the consequence for the period during which the suit was pending in the wrong court?

  1. The plaintiff may seek exclusion of that period under section 14 of the Limitation Act Correct answer.
  2. Limitation restarts from the date of return
  3. The suit is deemed never to have been instituted
  4. The defendant acquires a right to costs as of course

Explanation

When a plaint is returned for presentation to the proper court, section 14 of the Limitation Act, 1963 permits exclusion of time spent bona fide in a court which lacked jurisdiction. The suit is not treated as void ab initio.

Question 5Civil Procedure Code, 1908

Under Order VI Rule 17 CPC, when may a party seek amendment of pleadings after the trial has commenced?

  1. Whenever the amendment will not prejudice the opposite party
  2. Only with the consent of the opposite party
  3. Only if the court concludes that the amendment is necessary to decide the real question in controversy and cannot be sought to introduce a new cause of action after due diligence Correct answer.
  4. Automatically on payment of costs

Explanation

The proviso to Order VI Rule 17 bars amendments after trial commences unless the court finds the amendment necessary for deciding the real controversy and that it could not have been sought earlier despite due diligence. The provision is not a matter of right.

Question 6Civil Procedure Code, 1908

A defendant fails to file a written statement within the time allowed. Under the CPC, what is the ordinary consequence?

  1. The plaint is rejected
  2. The suit is automatically decreed ex parte
  3. The defendant loses the right to cross-examine the plaintiff's witnesses
  4. The court may pronounce judgment against him or make such order as it thinks fit, but may permit filing later on payment of costs Correct answer.

Explanation

Order VIII Rule 10 empowers the court either to pronounce judgment against a defendant who fails to file a written statement or to make such other order as it thinks fit. The Supreme Court has clarified that this discretion must be exercised judicially and costs may be imposed.

Question 7Civil Procedure Code, 1908

Under Order IX Rule 13 CPC, an application to set aside an ex parte decree must be made within what period?

  1. Thirty days from the date of the decree or from the date of knowledge of the decree Correct answer.
  2. Six months from the date of the decree
  3. One year from the date of the decree
  4. Ninety days from the date of the decree

Explanation

Article 123 of the Limitation Act, 1963 prescribes thirty days for an application under Order IX Rule 13 to set aside an ex parte decree, running from the date of the decree or, where summons was not duly served, from the date of knowledge.

Question 8Civil Procedure Code, 1908

A plaintiff seeks to withdraw a suit with liberty to file a fresh suit on the same cause of action. Under Order XXIII Rule 1 CPC, when may the court grant such liberty?

  1. Where the suit must fail by reason of some formal defect or there are sufficient grounds for allowing a fresh suit Correct answer.
  2. Wherever the plaintiff wishes to avoid an adverse finding
  3. Only after the plaintiff has led evidence
  4. Only where the defendant consents

Explanation

Order XXIII Rule 1 permits withdrawal with liberty where the court is satisfied that the suit must fail by reason of a formal defect or that there are sufficient grounds for instituting a fresh suit. The power is discretionary and cannot be used to escape a likely adverse decision.

Question 9Civil Procedure Code, 1908

Under section 10 CPC, a court is barred from proceeding with the trial of a suit where the matter in issue is also directly and substantially in issue in a previously instituted suit. What is the essential requirement regarding the parties?

  1. The parties must be the same or litigating under the same title Correct answer.
  2. The parties need only be residents of the same district
  3. The parties must be represented by the same advocate
  4. The plaintiff in the later suit must be the defendant in the earlier suit

Explanation

Section 10 requires that the matter in issue be directly and substantially in issue in a previously instituted suit between the same parties or parties litigating under the same title, in a court competent to grant the relief. Identity of parties is essential to attract the bar.

Question 10Civil Procedure Code, 1908

A decree is passed against a person who was not a party to the suit but who claims to be aggrieved by it. Which provision allows such a person to prefer an appeal?

  1. Section 96 read with Order XLI Rule 1 CPC Correct answer.
  2. Section 115 CPC
  3. Section 100 CPC
  4. Order XLVII Rule 1 CPC

Explanation

Section 96 provides for appeals from original decrees, and read with Order XLI an appeal may be preferred by any person aggrieved by the decree, including a non-party whose interests are adversely affected. Section 100 deals with second appeals and section 115 with revision.

Question 11Civil Procedure Code, 1908

Under section 100 CPC, a second appeal lies to the High Court only if the case involves which of the following?

  1. A substantial question of fact
  2. A substantial question of law Correct answer.
  3. An error apparent on the face of the record
  4. A question of law or fact of general importance

Explanation

Section 100 restricts second appeals to cases involving a substantial question of law, which must be formulated at the time of admission. Pure questions of fact are not open in second appeal.

Question 12Civil Procedure Code, 1908

Under section 115 CPC, the High Court may revise an order of a subordinate court. Which of the following is a precondition for exercise of this power?

  1. The subordinate court must have exercised jurisdiction not vested in it, failed to exercise jurisdiction vested in it, or acted illegally or with material irregularity Correct answer.
  2. The order must be appealable
  3. The error must be one of fact only
  4. The order must be a decree

Explanation

Section 115 permits revision where the subordinate court has exercised jurisdiction not vested in it, failed to exercise jurisdiction so vested, or acted in the exercise of jurisdiction illegally or with material irregularity. The order must be one against which no appeal lies to the High Court.

Question 13Civil Procedure Code, 1908

Under Order XXXIX Rules 1 and 2 CPC, a temporary injunction may be granted where the court is satisfied of which of the following?

  1. That the property in dispute is in danger of being wasted, damaged or alienated, or that the defendant threatens to remove or dispose of his property to defraud creditors Correct answer.
  2. That the plaintiff is likely to succeed in the suit
  3. That the balance of convenience lies with the defendant
  4. That the plaintiff has paid adequate court fee

Explanation

Order XXXIX Rules 1 and 2 set out the statutory grounds for temporary injunction, namely danger of waste, damage or alienation of the property in dispute, or threatened removal or disposal of property to defraud creditors. The familiar tests of prima facie case, irreparable injury and balance of convenience are judicial glosses applied within these grounds.

Question 14Civil Procedure Code, 1908

A court is required to frame issues under Order XIV CPC. Which of the following is the correct description of when issues arise?

  1. When the defendant seeks adjournment
  2. When the court hears arguments on maintainability
  3. When the plaintiff files the plaint
  4. When a material proposition of fact or law is affirmed by one party and denied by the other Correct answer.

Explanation

Order XIV Rule 1 provides that issues arise when a material proposition of fact or law is affirmed by one party and denied by the other. Each material proposition so affirmed and denied forms the subject of a distinct issue.

Question 15Civil Procedure Code, 1908

Under section 11 CPC, a finding on an issue in a former suit operates as res judicata in a subsequent suit. Which condition must be satisfied for the bar to apply?

  1. The parties must have been represented by advocates
  2. The former suit must have been decided by the High Court
  3. The former suit must have been of the same pecuniary value
  4. The issue must have been directly and substantially in issue and heard and finally decided by a competent court Correct answer.

Explanation

Section 11 requires that the matter be directly and substantially in issue in the former suit, that it be heard and finally decided by a court competent to try the subsequent suit, and that the parties litigate under the same title. The forum and pecuniary value of the former suit are not decisive.

Question 16Civil Procedure Code, 1908

Under Order XXVI CPC, a commission may be issued for the examination of a witness. Which of the following is a recognised ground for such a commission?

  1. That the witness is resident beyond the limits of the court's jurisdiction or is unable to attend owing to sickness or infirmity Correct answer.
  2. That the witness is a government servant
  3. That the witness demands payment of expenses
  4. That the witness is likely to be hostile

Explanation

Order XXVI Rule 4 permits issue of a commission where the witness resides beyond the limits of the court's jurisdiction, or is unable to attend owing to sickness or other infirmity, or is exempted from personal appearance. Hostility or status as a government servant is not a ground.

Question 17Civil Procedure Code, 1908

Under Order XVI CPC, a party seeking to summon a witness must apply for summons within what period from the date of settlement of issues?

  1. Within seven days from the date of settlement of issues
  2. Within thirty days from the date of institution of the suit
  3. Within sixty days from the date of settlement of issues
  4. Within fifteen days from the date of settlement of issues Correct answer.

Explanation

Order XVI Rule 1 requires the party to furnish the list of witnesses and apply for summons within fifteen days from the date of settlement of issues. A later application requires the court's leave.

Question 18Civil Procedure Code, 1908

Under section 47 CPC, which of the following questions is to be determined by the court executing the decree?

  1. A question of title to property not covered by the decree
  2. A question of the correctness of the findings in the judgment
  3. A question of the validity of the decree on merits
  4. A question relating to the execution, discharge or satisfaction of the decree Correct answer.

Explanation

Section 47 requires the executing court to determine all questions arising between the parties relating to the execution, discharge or satisfaction of the decree, and not questions of title to property beyond the decree. The executing court cannot go behind the decree.

Question 19Civil Procedure Code, 1908

Under section 60 CPC, which of the following properties is exempt from attachment and sale in execution of a decree?

  1. The necessary wearing apparel and cooking vessels of the judgment-debtor Correct answer.
  2. A motor vehicle used for business
  3. A commercial godown owned by the judgment-debtor
  4. A fixed deposit receipt held by the judgment-debtor

Explanation

Section 60 exempts necessary wearing apparel, cooking vessels, beds and bedding of the judgment-debtor and his family, among other things. Commercial premises, business vehicles and fixed deposits are attachable.

Question 20Civil Procedure Code, 1908

Under Order XXI Rule 90 CPC, an application to set aside a sale in execution of a decree on the ground of material irregularity or fraud must be made within what period?

  1. Ninety days from the date of the sale
  2. One year from the date of the sale
  3. Sixty days from the date of the sale Correct answer.
  4. Thirty days from the date of the sale

Explanation

Article 127 of the Limitation Act, 1963 prescribes sixty days for an application under Order XXI Rule 90 to set aside a sale on the ground of irregularity or fraud, running from the date of the sale.

Question 21Civil Procedure Code, 1908

A plaint is admitted and the defendant appears. Under Order X CPC, what is the purpose of the first hearing?

  1. To pass a preliminary decree
  2. To ascertain the points on which the parties are at variance and to attempt settlement of the dispute Correct answer.
  3. To hear arguments on the maintainability of the suit
  4. To record the evidence of the plaintiff's witnesses

Explanation

Order X Rule 1 requires the court at the first hearing to ascertain the points on which the parties are at variance and to attempt to settle the dispute, or to refer it to alternative dispute resolution where appropriate. Evidence is not recorded at this stage.

Question 22Civil Procedure Code, 1908

Under section 89 CPC, where the court finds that there exist elements of a settlement acceptable to the parties, it may refer the dispute to which of the following?

  1. Arbitration only
  2. A Special Judicial Magistrate
  3. Arbitration, conciliation, judicial settlement including settlement through Lok Adalat, or mediation Correct answer.
  4. An appellate court

Explanation

Section 89 permits the court to formulate the terms of settlement and refer the dispute to arbitration, conciliation, judicial settlement including settlement through Lok Adalat, or mediation. The provision is intended to encourage alternative resolution of disputes.

Question 23Civil Procedure Code, 1908

Under section 151 CPC, the court may exercise its inherent powers. Which of the following best describes the scope of this power?

  1. To grant relief that the Code expressly prohibits
  2. To make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court, provided no specific provision applies Correct answer.
  3. To reopen a decree that has become final
  4. To override any express provision of the Code

Explanation

Section 151 preserves the inherent power of the court to make orders necessary for the ends of justice or to prevent abuse of process, but the power cannot be exercised in conflict with express provisions of the Code. It is a residuary safeguard.

Question 24Civil Procedure Code, 1908

Under Order XXXII CPC, a suit instituted on behalf of a minor must be instituted by whom?

  1. The court-appointed amicus curiae
  2. The minor personally
  3. A next friend competent to act on behalf of the minor Correct answer.
  4. The guardian appointed by a civil court only

Explanation

Order XXXII Rule 1 requires a minor to sue through a next friend and to be defended by a guardian ad litem. The next friend must be a person competent to act and without an adverse interest.

Question 25Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a First Information Report relating to a cognizable offence may be registered by the officer in charge of a police station on the basis of which of the following?

  1. Only information forwarded by a Magistrate under section 175 BNSS
  2. Information relating to the commission of a cognizable offence, whether given orally or in writing Correct answer.
  3. Only information recorded during a police investigation already in progress
  4. Only a written complaint signed by the informant and verified before a Magistrate

Explanation

Section 173 BNSS requires the officer in charge of a police station to register an FIR on receiving information, oral or written, about a cognizable offence. Oral information must be reduced to writing, read over to the informant and signed by him. No prior sanction or Magistrate's order is needed for registration.

Question 26Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

A police officer arrests a person without a warrant. Under the BNSS, which of the following is the most accurate statement about the arrested person's right to be produced before a Magistrate?

  1. The person must be produced before a Magistrate within 48 hours of arrest in all cases
  2. The person may be kept in police custody for seven days before the first production
  3. The person must be produced before a Magistrate within 24 hours of arrest, excluding the time necessary for the journey Correct answer.
  4. The person must be released on bail by the police in every case before production

Explanation

Section 58 BNSS, carrying forward the constitutional mandate of Article 22(2), requires that a person arrested without warrant be produced before a Magistrate within 24 hours, excluding journey time. Detention beyond that period without judicial order is illegal. The 24-hour rule applies irrespective of the gravity of the offence.

Question 27Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

A complainant alleges a non-cognizable offence. The police station records the information and seeks the Magistrate's permission before investigating. Which statutory provision of the BNSS governs the police officer's power to investigate a non-cognizable case?

  1. Section 174 BNSS, which requires an order of a Magistrate empowered to try the case Correct answer.
  2. Section 175 BNSS, which permits investigation after the informant's written consent
  3. Section 173 BNSS, which applies identically to cognizable and non-cognizable offences
  4. Section 176 BNSS, which applies only to cases triable by a Court of Session

Explanation

Section 174 BNSS provides that a police officer shall not investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit it for trial. The information is entered in the station diary rather than an FIR. Investigation thereafter proceeds as in a cognizable case.

Question 28Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

An accused is produced before a Magistrate and the investigation is incomplete. The Magistrate authorises detention in judicial custody. Under the BNSS, which statement correctly describes the limits on remand after the expiry of the initial period?

  1. Detention may continue indefinitely so long as the investigation remains pending before the same police station
  2. Detention may be extended by the investigating officer by filing a fresh FIR for the same offence
  3. Detention may continue only if there are adequate grounds, and the Magistrate must record reasons and report to the Sessions Judge after the prescribed period Correct answer.
  4. Detention beyond the first fifteen days requires the sanction of the public prosecutor alone

Explanation

The remand provisions require the Magistrate to authorise detention only on adequate grounds and to record reasons in writing. Where the investigation is not completed within the prescribed period, the Magistrate must report the case to the Sessions Judge and may extend detention on the accused's or prosecution's application. Default bail accrues if the charge-sheet is not filed within the statutory period.

Question 29Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

A Magistrate takes cognizance of an offence on a complaint. Which of the following best describes the correct sequence of steps that the Magistrate must ordinarily follow before issuing process to the accused?

  1. Immediate issue of warrant of arrest without examining the complainant whenever the complaint is sworn
  2. Framing of charges after hearing both parties before any examination of the complainant
  3. Examination of the complainant and witnesses on oath, consideration of the statement, and reasons recorded for postponing issue of process if any Correct answer.
  4. Reference of the complaint to the police for investigation as a mandatory first step in every case

Explanation

On receiving a complaint, the Magistrate examines the complainant and witnesses on oath, and may take into account the result of any investigation. If the Magistrate postpones the issue of process, reasons must be recorded. Process issues only after this satisfaction that there is sufficient ground to proceed.

Question 30Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

During trial, the prosecution wishes to produce a document that was not listed in the charge-sheet. The defence objects. How should the court deal with the request under the BNSS scheme?

  1. The court must adjourn sine die until the investigating officer files a supplementary charge-sheet listing the document
  2. The court must reject the document because unlisted evidence is inadmissible in every circumstance
  3. The court must refer the dispute to the Sessions Judge before any evidentiary ruling
  4. The court may permit production of additional evidence if it is necessary for a just decision, subject to the accused's right to be heard and to seek recall of witnesses Correct answer.

Explanation

The criminal court has wide power to summon and examine evidence necessary for a just decision, but it must protect the accused's fair-trial rights. The defence should be given notice and an opportunity to respond, including recalling witnesses for cross-examination. Rigid exclusion of unlisted evidence is not the statutory position.

Question 31Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

A person is arrested and wishes to consult a lawyer of his choice. Under the BNSS and settled constitutional principles, which statement is correct?

  1. He has no right to counsel until the trial begins before the Magistrate
  2. He may consult a lawyer only after the charge-sheet is filed
  3. He may consult a lawyer only with the prior permission of the investigating officer, which may be refused arbitrarily
  4. He is entitled to meet and consult a legal practitioner of his choice during interrogation, though not throughout the interrogation Correct answer.

Explanation

The right to consult a legal practitioner of one's choice is a fundamental safeguard flowing from Article 22(1) and reflected in the statutory scheme. The lawyer may be present during interrogation but not throughout it, and the right cannot be denied arbitrarily. Legal aid must be offered where the accused cannot afford counsel.

Question 32Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

A Magistrate receives a police report and finds that the offence is triable exclusively by the Court of Session. What is the correct course under the BNSS?

  1. Try the case himself because the Magistrate has taken cognizance of the police report
  2. Commit the case to the Court of Session after complying with the prescribed procedure and forwarding the records Correct answer.
  3. Discharge the accused because the Magistrate lacks territorial jurisdiction over the police station
  4. Return the report to the police for registering a fresh FIR before the Sessions Court

Explanation

Where the offence is exclusively triable by the Court of Session, the Magistrate must commit the case after the statutory steps, including supply of documents to the accused. The Magistrate does not try such an offence. The records are forwarded to the Sessions Court for trial.

Question 33Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

Which of the following is the correct description of the power of a criminal court to grant bail in a non-bailable offence under the BNSS?

  1. The court may grant bail in a non-bailable offence subject to the statutory considerations, and the seriousness of the offence is a relevant factor Correct answer.
  2. Bail in a non-bailable offence can be granted only by the High Court
  3. Bail in a non-bailable offence can be granted only after the examination of all prosecution witnesses
  4. Bail in a non-bailable offence is a matter of right and must be granted on the accused's first application

Explanation

In non-bailable offences, bail is discretionary and the court weighs factors such as the nature and gravity of the offence, the accused's antecedents, and the risk of absconding or tampering with evidence. It is not an automatic right. The statutory scheme also carves out special categories requiring stricter scrutiny.

Question 34Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

An accused absconds and the court proceeds under the provisions for proclamation and attachment of property. Which statement best reflects the BNSS requirements for a valid proclamation?

  1. The proclamation must be published in the manner prescribed, including publication in a newspaper or on the court's website where required, and the accused must be given the specified time to appear Correct answer.
  2. A proclamation is unnecessary if the accused is represented by a lawyer through a vakalatnama
  3. A proclamation is valid if merely pasted on the court notice board without any time being specified
  4. A proclamation may be issued by the investigating officer without any court order

Explanation

The proclamation provisions require publication in the prescribed manner and give the absconding person a specified period to appear. The BNSS adds modern modes of publication, including newspapers and the court website in appropriate cases. Attachment of property follows only if the person fails to appear within the time allowed.

Question 35Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

A witness turns hostile during trial and the prosecution seeks permission to cross-examine him. Which statement is correct?

  1. The defence has no right to cross-examine a witness declared hostile
  2. A hostile witness's entire evidence becomes wholly inadmissible and must be excluded
  3. The public prosecutor may cross-examine the witness with the court's permission, and the witness's earlier statement may be used to contradict him as provided by law Correct answer.
  4. The witness can be prosecuted for perjury without any court finding that he contradicted his earlier statement

Explanation

Where a witness resiles from his earlier statement, the prosecutor may, with the court's leave, cross-examine him. The earlier statement can be used for contradiction in the manner permitted by the evidence law, though it is not substantive evidence of the facts. The rest of the testimony is not automatically wiped out.

Question 36Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

Under the BNSS, a Magistrate may order investigation by a police officer of a rank higher than that of the officer in charge of the police station in which the offence is alleged. Which statement about this power is accurate?

  1. The Magistrate may do so where the officer in charge has failed to comply with the statutory direction or has otherwise failed to investigate properly Correct answer.
  2. The Magistrate may do so only with the prior approval of the public prosecutor
  3. The Magistrate may do so only after recording the accused's consent
  4. The Magistrate has no such power once the police have filed a closure report

Explanation

The Magistrate's supervisory jurisdiction allows an order for investigation by a superior officer where the station house officer has failed to comply with directions or has not investigated properly. This is a judicial power exercised on the material before the court. The order must be based on recorded reasons.

Question 37Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

A person is detained in custody and the statutory period for completing investigation expires without a charge-sheet being filed. Which of the following best states the position on default bail under the BNSS?

  1. The accused must apply to the High Court because the Magistrate cannot grant default bail
  2. The accused becomes entitled to be released on bail if he furnishes bail, and the court must inform him of this right Correct answer.
  3. The accused's right to default bail is lost if the investigation is subsequently completed
  4. The accused must wait for the Magistrate to initiate the grant of bail on the court's own motion

Explanation

The right to default bail is an indefeasible right that accrues when the prescribed period expires without a charge-sheet. The accused must be released on furnishing bail, and the court has a duty to inform him of this entitlement. The right is not defeated by a later charge-sheet.

Question 38Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

A police officer receives information about a cognizable offence but records it in the general diary instead of registering an FIR. The informant approaches the Magistrate. What is the appropriate judicial response under the BNSS?

  1. The Magistrate may direct registration of the FIR and, if necessary, order investigation, after examining the informant and recording reasons Correct answer.
  2. The Magistrate must dismiss the application because only the police can decide whether an FIR should be registered
  3. The Magistrate must straightaway try the police officer for dereliction of duty and award compensation
  4. The Magistrate must refer the matter to the Sessions Judge for permission to direct registration

Explanation

The Magistrate's supervisory jurisdiction permits a direction to register an FIR where the police have failed to do so on information disclosing a cognizable offence. The order should follow an examination of the informant and be supported by reasons. The Magistrate may also order investigation where warranted.

Question 39Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

Under the BNSS, which statement correctly describes the procedure for recording a confession or statement during investigation by a police officer?

  1. A statement recorded by a police officer becomes admissible if the maker signs each page
  2. A statement recorded by a police officer is admissible if the officer is of the rank of Inspector or above
  3. A statement made to a police officer during investigation cannot be signed by the person making it, and any such statement is not admissible as substantive evidence Correct answer.
  4. A statement recorded by a police officer is admissible if it is recorded in the presence of two independent witnesses

Explanation

The statutory bar prevents signature on statements made to the police during investigation, and such statements are not substantive evidence. Limited use is permitted for contradiction of a prosecution witness. The rule is a safeguard against coerced confessions.

Question 40Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

A court is considering whether to take cognizance of an offence on the basis of a complaint filed by a public servant. Which of the following is the correct approach where the statute requires prior sanction?

  1. The court must transfer the case to the Sessions Court because sanction issues are exclusively session-tried
  2. The court must examine whether the sanction is valid and, if the defect is curable, may permit rectification before proceeding further Correct answer.
  3. The court must dismiss the complaint with no opportunity to cure a curable defect
  4. The court must proceed regardless of sanction because sanction is only a technical formality

Explanation

Where sanction is a statutory precondition, the court must be satisfied that a valid sanction exists before taking cognizance. A curable defect in the sanction order may be permitted to be rectified. Cognizance taken without the required sanction is liable to be quashed.

Question 41Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

Which of the following correctly describes the power of a criminal court to order further investigation after a charge-sheet has been filed?

  1. The court may direct further investigation only if the accused makes a written confession
  2. The court has no power to direct further investigation once a charge-sheet is filed
  3. The court may direct further investigation where the investigation is found to be defective or incomplete, while ensuring the accused's right to fair trial is not prejudiced Correct answer.
  4. The court may direct further investigation only with the consent of the investigating officer

Explanation

The criminal court retains the power to direct further investigation when the material on record shows that the investigation was defective or incomplete. The power is exercised judicially and must not prejudice the accused's right to a fair trial. It is not dependent on the investigating officer's consent.

Question 42Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

A witness is summoned by the court but fails to appear without reasonable excuse. Which of the following is the correct statement about the court's power under the BNSS?

  1. The court may issue a warrant or take other prescribed coercive steps and may also proceed against the witness for the prescribed offence Correct answer.
  2. The court must refer the matter to the police to register an FIR against the witness
  3. The court has no option but to adjourn the trial indefinitely until the witness appears voluntarily
  4. The court may only impose a fine on the witness and cannot compel attendance

Explanation

The court has statutory power to enforce attendance of witnesses, including issuing warrants and taking proceedings for non-attendance. These powers are essential to the trial's progress. The court is not limited to a fine or to waiting indefinitely.

Question 43Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

In a summons case, the accused pleads guilty at the first hearing. Which statement correctly describes the court's course under the BNSS?

  1. The court cannot accept a guilty plea in a summons case and must proceed to trial
  2. The court may convict the accused on his plea, but must record the plea and satisfy itself that it was voluntary and made with understanding of the nature of the accusation Correct answer.
  3. The court must refer the plea to the public prosecutor for approval before convicting
  4. The court must always record the full prosecution evidence before accepting a guilty plea

Explanation

In a summons case, the Magistrate may convict on a plea of guilty, but the plea must be recorded and the court must be satisfied that it was voluntary. The accused must understand the nature of the accusation. The court retains discretion to proceed with trial where the plea appears equivocal.

Question 44Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023

Which of the following best describes the scope of the inherent powers of the High Court in criminal matters under the BNSS?

  1. The High Court may exercise inherent powers to review its own criminal judgments on the merits as a matter of course
  2. The High Court may make such orders as are necessary to give effect to the provisions of the Sanhita or to secure the ends of justice, but not to override express statutory provisions Correct answer.
  3. The High Court may exercise inherent powers to enhance sentences beyond the statutory maximum
  4. The High Court may exercise inherent powers only in cases where the State is a party

Explanation

The inherent power is saved to prevent abuse of process and to secure the ends of justice, but it cannot be used to contravene express statutory provisions. It is not a substitute for statutory remedies such as appeal or revision. The power is exercised sparingly and in exceptional circumstances.

Question 45Indian Penal Code, 1860 / Bharatiya Nyaya Sanhita, 2023

Under the Bharatiya Nyaya Sanhita, 2023, which section defines 'murder' and provides the punishment for it, replacing the corresponding provision of the Indian Penal Code, 1860?

  1. Section 103 Correct answer.
  2. Section 101
  3. Section 100
  4. Section 105

Explanation

Section 103 of the Bharatiya Nyaya Sanhita, 2023 defines murder and prescribes punishment for it, corresponding broadly to Section 302 of the Indian Penal Code. Section 101 deals with culpable homicide not amounting to murder and its punishments. Candidates must remember that the BNS renumbered the homicide provisions, so the old IPC numbering no longer applies.

Question 46Indian Penal Code, 1860 / Bharatiya Nyaya Sanhita, 2023

A person, intending to cause the death of Z, strikes Z with a lathi on the head. Z survives but suffers grievous hurt. Which offence is made out on these facts?

  1. Culpable homicide amounting to murder, since death was intended
  2. Voluntarily causing grievous hurt under the Bharatiya Nyaya Sanhita
  3. Causing hurt by a rash act, since the blow did not prove fatal
  4. Attempt to murder, because the intention to kill is established though death did not result Correct answer.

Explanation

Where an act is done with the intention of causing death but death does not ensue, the offence is attempt to murder, punishable under the BNS provisions corresponding to Section 307 IPC. The intention to kill, coupled with an act done towards that end, completes the attempt. The actual injury suffered is relevant to sentencing rather than to the nature of the offence.

Question 47Indian Penal Code, 1860 / Bharatiya Nyaya Sanhita, 2023

Which of the following is the correct statement of the doctrine of 'transferred malice' as applied in criminal law?

  1. Where an abettor transfers his intention to the principal offender, both become equally liable
  2. Where the offender transfers property to escape liability, the liability attaches to the property
  3. Where malice is presumed from the nature of the weapon used, the burden shifts to the accused
  4. Where the offender's intention to cause harm to one person results in harm to another, the intention is transferred to the person actually harmed Correct answer.

Explanation

The doctrine of transferred malice provides that where a person intends to cause harm to one individual but the act causes harm to another, the mens rea is treated as transferred to the actual victim. The offender remains liable for the offence as though the harm had been directed at the intended target. This prevents the accused from escaping liability merely because the blow fell on the wrong person.

Question 48Indian Penal Code, 1860 / Bharatiya Nyaya Sanhita, 2023

Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'snatching' has been newly introduced. Which statement best describes it?

  1. Robbery committed with the use of a deadly weapon
  2. Extortion by putting a person in fear of instant hurt
  3. Theft where the offender suddenly seizes movable property from a person and moves away Correct answer.
  4. Theft committed in a public place during the night

Explanation

The BNS introduced 'snatching' as a distinct offence, defined as theft where the offender suddenly seizes, grabs or tears movable property from a person or their immediate possession and quickly moves away. It was carved out to address chain-snatching and similar conduct more precisely. It is punishable with imprisonment up to three years and fine.

Question 49Indian Penal Code, 1860 / Bharatiya Nyaya Sanhita, 2023

A public servant, while acting in the discharge of his official duty, accepts a gratification as a motive for doing a favour to a person. Under the Bharatiya Nyaya Sanhita, 2023, this conduct primarily attracts which offence?

  1. Cheating under the provisions on offences affecting property
  2. Criminal breach of trust under the general provisions
  3. Mischief causing wrongful loss to the public
  4. Public servant taking gratification other than legal remuneration Correct answer.

Explanation

Accepting a gratification as a motive or reward for doing or forbearing to do an official act is the offence of a public servant taking gratification other than legal remuneration. The BNS retains this offence, corresponding to the former Section 161 IPC, with enhanced focus on corruption by public servants. The essence is the nexus between the gratification and the official act.

Question 50Indian Penal Code, 1860 / Bharatiya Nyaya Sanhita, 2023

In a trial for an offence under the Bharatiya Nyaya Sanhita, the prosecution seeks to prove the accused's intention from the surrounding circumstances. Which maxim governs this inference?

  1. Volenti non fit injuria
  2. Ignorantia juris non excusat
  3. Res ipsa loquitur
  4. Actus non facit reum nisi mens sit rea Correct answer.

Explanation

The maxim actus non facit reum nisi mens sit rea embodies the principle that an act does not constitute guilt unless the mind is also guilty. Intention, knowledge or rashness must therefore be established, often inferred from the circumstances and conduct of the accused. It is the foundational principle of criminal liability under the BNS.