General Exceptions under the Bharatiya Nyaya Sanhita (BNS): Scope, Provisions, and Rationale
Definition and Nature of Crime
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BNS applies to offences committed:
A. Only within India
B. Only by Indian citizens
C. Within India and certain offences outside India
D. Only within States
Answer: C
Case: Mobarik Ali Ahmed v. State of Bombay
Explanation: BNS (like IPC Sections 1–4) applies extraterritorially in certain cases.
2. An Indian citizen commits an offence in Dubai. Can he be prosecuted in India?
A. No
B. Yes, always
C. Yes, subject to conditions
D. Only if extradited
Answer: C
Case: Central Bank of India v. Ram Narain
Indian courts can try offences committed abroad by Indian citizens.
3. An “act” includes:
A. Only physical acts
B. Only illegal acts
C. Illegal omissions also
D. Only voluntary acts
Answer: C
Case: Queen v. Instan
Failure to act (omission) can constitute an offence.
4. Criminal liability generally requires:
A. Actus reus only
B. Mens rea only
C. Both actus reus and mens rea
D. Motive
Answer: C
Case: State of Maharashtra v. Mohd. Yakub
Both intention and act are necessary.
5. Which is a new addition?
A. Death penalty
B. Fine
C. Community service
D. Imprisonment
Answer: C
Community service is newly introduced under BNS.
6. Can solitary confinement be imposed?
A. No
B. Yes, but limited
C. Only by police
D. Only in death penalty
Answer: B
Case: Sunil Batra v. Delhi Administration
Must be humane and regulated.
7. Private defence extends to:
A. Property only
B. Body only
C. Both body and property
D. None
Answer: C
Case: Darshan Singh v. State of Punjab
8. Right of private defence causing death is allowed when:
A. Minor threat
B. Grave threat
C. Property dispute
D. Civil wrong
Answer: B
Darshan Singh case
9. A judge acting judicially is:
A. Always liable
B. Liable for mistake
C. Not liable if acting in good faith
D. Always criminally liable
Answer: C
Case: Anowar Hussain v. Ajoy Kumar
10. Mistake of fact is:
A. Always a defence
B. Never a defence
C. Defence if in good faith
D. Defence only in civil cases
Answer: C
Case: State of Orissa v. Khora Ghasi
11. Mistake of law:
A. Is always a defence
B. Is never a defence
C. Is sometimes a defence
D. Depends on intention
Answer: B
Maxim: Ignorantia juris non excusat
12. An act done by accident is not an offence if:
A. Intentional
B. Negligent
C. Without criminal intention
D. With motive
Answer: C
Case: Tunda v. Rex
13. A surgeon operating:
A. Liable
B. Not liable if good faith
C. Always liable
D. Civilly liable only
Answer: B
Case: Jacob Mathew v. State of Punjab
14. Consent is invalid if given:
A. Freely
B. By adult
C. Under fear
D. In writing
Answer: C
15. Consent of a child:
A. Always valid
B. Valid if intelligent
C. Invalid under certain age
D. Always binding
Answer: C
16. A person is not liable if:
A. He is mentally weak
B. He cannot understand nature of act
C. He is emotional
D. He regrets
Answer: B
Case: McNaghten Case
17. Voluntary intoxication:
A. Full defence
B. No defence
C. Partial defence
D. Always excuse
Answer: B
Case: Basdev v. State of Pepsu
18 . Involuntary Intoxication Is:
A. No defence
B. Full defence
C. Partial defence
D. Civil wrong
Answer: B
19. A child under certain age:
A. Fully liable
B. Not liable
C. Partially liable
D. Liable if intention proven
Answer: B
20. Abetment includes:
A. Instigation
B. Conspiracy
C. Aid
D. All
Answer: D
Case: Jamuna Singh v. State of Bihar
21. Requires:
A. Mere agreement
B. Agreement + illegal act
C. Motive
D. Evidence
Answer: B
Case: State v. Nalini (Rajiv Gandhi case)
22. Attempt begins when:
A. Preparation ends
B. Planning starts
C. Intention forms
D. Crime completes
Answer: A
Case: State of Maharashtra v. Mohd. Yakub
23. Preparation is:
A. Punishable always
B. Not punishable generally
C. Same as attempt
D. Always criminal
Answer: B
24. “Good faith” requires:
A. Honesty only
B. Due care and attention
C. Ignorance
D. Consent
Answer: B
25. Who proves general exception?
A. Prosecution
B. Court
C. Accused
D. Police
Answer: C
Case: Dahyabhai v. State of Gujarat
1. Under which section of BNSS, 2023 is the First Information Report (FIR) dealt with?
A. Section 170
B. Section 173
C. Section 175
D. Section 180
Answer: B. Section 173
Explanation: Section 173 BNSS corresponds to Section 154 of CrPC, governing the procedure for registering FIRs when a cognizable offence is reported.
2. In which case did the Supreme Court hold that registration of FIR is mandatory for cognizable offences?
A. D.K. Basu v. State of West Bengal
B. Lalita Kumari v. Govt. of U.P.
C. State of Bihar v. P.P. Sharma
D. Vinay Tyagi v. Irshad Ali
Answer: B. Lalita Kumari v. Govt. of U.P.
Explanation: The Court ruled FIR registration is mandatory when information reveals a cognizable offence. (2014) 2 SCC 1.
3. Which section of BNSS requires prior permission of a Magistrate to investigate a non-cognizable offence?
A. Section 174
B. Section 175
C. Section 176
D. Section 177
Answer: A. Section 174
Explanation: Police cannot investigate non-cognizable offences without a Magistrate’s order under Section 174 BNSS.
4. Which section of BNSS mandates forensic investigation for serious offences punishable with imprisonment of seven years or more?
A. Section 177
B. Section 178
C. Section 179
D. Section 180
Answer: C. Section 179
Explanation: BNSS introduces mandatory forensic examination in serious offences to ensure evidence integrity.
5. The power and duty of a police officer to investigate offences are covered under which section of BNSS?
A. Section 177
B. Section 178
C. Section 182
D. Section 183
Answer: A. Section 177
Explanation: Section 177 BNSS outlines the power and duty of police officers to investigate reported offences.
6. Under BNSS, which section deals with the protection against self-incrimination during interrogation?
A. Section 182
B. Section 183
C. Section 184
D. Section 181
Answer: D. Section 181
Explanation: Section 181 BNSS provides that no person shall be compelled to answer questions that could incriminate them, consistent with Article 20(3).
7. Confession before a Magistrate is recorded under which section of BNSS?
A. Section 182
B. Section 183
C. Section 184
D. Section 185
Answer: B. Section 183
Explanation: Section 183 BNSS (formerly Section 164 CrPC) governs recording of confessions and statements before a Magistrate.
8. Confession under Section 183 BNSS must be:
A. In writing only
B. Made voluntarily
C. Recorded by the police officer
D. Signed in front of two witnesses
Answer: B. Made voluntarily
Explanation: The Magistrate must ensure the confession is voluntary and not made under pressure or inducement.
9. Which case emphasized that confession under Section 164 CrPC (now Section 183 BNSS) must be voluntary?
A. Navjot Sandhu Case
B. D.K. Basu Case
C. State of Bihar v. P.P. Sharma
D. Bhagwant Singh v. Commissioner of Police
Answer: A. State (NCT of Delhi) v. Navjot Sandhu, (2005) 11 SCC 600
Explanation: The Supreme Court held that a confession is valid only if made voluntarily and recorded as per legal procedure.
10. Which section under BNSS allows search with a warrant issued by a Magistrate?
A. Section 104
B. Section 105
C. Section 106
D. Section 108
Answer: B. Section 105
Explanation: Section 105 BNSS empowers a Magistrate to issue search warrants where necessary.
11. What is the maximum period of police custody under BNSS?
A. 10 days
B. 15 days
C. 30 days
D. 45 days
Answer: B. 15 days
Explanation: As per Section 187 BNSS, an accused can be kept in police custody for up to 15 days in total.
12. For an offence punishable with imprisonment less than 10 years, maximum judicial custody under BNSS is:
A. 30 days
B. 45 days
C. 60 days
D. 90 days
Answer: C. 60 days
Explanation: Section 187 BNSS prescribes 60 days for offences punishable with less than 10 years.
13. For offences punishable with life imprisonment or death, the investigation must be completed within:
A. 45 days
B. 60 days
C. 90 days
D. 120 days
Answer: C. 90 days
Explanation: Section 187 BNSS allows 90 days for grave offences, after which the accused can seek default bail.
14. The concept of “default bail” arises under which section of BNSS?
A. Section 187
B. Section 188
C. Section 189
D. Section 190
Answer: A. Section 187
Explanation: Default bail is triggered if investigation is not completed within the time limits under Section 187 BNSS.
15. Which case clarified that police custody is permissible only during the first 15 days of remand?
A. Anupam J. Kulkarni Case
B. Lalita Kumari Case
C. D.K. Basu Case
D. Vinay Tyagi Case
Answer: A. CBI v. Anupam J. Kulkarni, (1992) 3 SCC 141
Explanation: The Court limited police custody strictly to the initial 15-day remand period.
16. Submission of the police report (charge-sheet) is governed by:
A. Section 192 BNSS
B. Section 193 BNSS
C. Section 195 BNSS
D. Section 198 BNSS
Answer: B. Section 193
Explanation: Section 193 BNSS corresponds to Section 173 CrPC and deals with submission of the final police report.
17. A supplementary report after new evidence is discovered is filed under:
A. Section 193
B. Section 194
C. Section 195
D. Section 197
Answer: B. Section 194
Explanation: Section 194 BNSS permits further investigation and filing of supplementary reports with Magistrate’s permission.
18. Who must maintain a case diary under BNSS?
A. Public Prosecutor
B. Magistrate
C. Investigating Officer
D. Complainant
Answer: C. Investigating Officer
Explanation: Section 189 BNSS requires the Investigating Officer to maintain a daily case diary of all actions taken during investigation.
19. What is the purpose of maintaining a case diary?
A. To serve as evidence in trial
B. To record investigation progress
C. To replace witness testimony
D. To verify FIR accuracy
Answer: B. To record investigation progress
Explanation: A case diary helps the court assess the manner and diligence of the investigation.
20. Can the case diary be used as substantive evidence?
A. Yes, always
B. No, it is only for reference
C. Only if certified by Magistrate
D. Only if signed by the accused
Answer: B. No, it is only for reference
Explanation: Case diaries are not evidence; they are used to test the credibility of the investigating officer.
21. Which case held that a case diary cannot fill evidentiary gaps but may test credibility of investigation?
A. Shamshul Kanwar v. State of U.P.
B. D.K. Basu v. State of W.B.
C. Vinay Tyagi v. Irshad Ali
D. Bhagwant Singh v. Commissioner of Police
Answer: A. Shamshul Kanwar v. State of U.P., (1995) 4 SCC 430
22. Which section deals with the obligation to produce arrested persons before a Magistrate within 24 hours?
A. Section 36
B. Section 39
C. Section 42
D. Section 45
Answer: B. Section 39
Explanation: Section 39 BNSS mandates that no person shall be detained for more than 24 hours without Magistrate’s authorization.
23. In which case did the Supreme Court lay down guidelines against custodial torture?
A. D.K. Basu v. State of West Bengal
B. Joginder Kumar v. State of U.P.
C. Lalita Kumari v. State of U.P.
D. Vinay Tyagi v. Irshad Ali
Answer: A. D.K. Basu v. State of W.B., (1997) 1 SCC 416
Explanation: The Court issued detailed procedural safeguards to prevent abuse of police powers.
24. Which article of the Constitution protects against self-incrimination?
A. Article 19(1)(a)
B. Article 20(3)
C. Article 21
D. Article 22(1)
Answer: B. Article 20(3)
Explanation: No person accused of an offence shall be compelled to be a witness against himself.
25. Who has supervisory power to order further investigation under BNSS?
A. Police Commissioner
B. Public Prosecutor
C. Magistrate
D. State Government
Answer: C. Magistrate
Explanation: The Magistrate can direct further investigation under Section 194 BNSS.
26. Which case established that Magistrates can order further investigation even after charge-sheet submission?
A. Vinay Tyagi v. Irshad Ali
B. Lalita Kumari Case
C. Anupam Kulkarni Case
D. P.P. Sharma Case
Answer: A. Vinay Tyagi v. Irshad Ali, (2013) 5 SCC 762
27. “Zero FIR” can be filed:
A. Only in the local police station
B. In any police station regardless of jurisdiction
C. Only with Magistrate’s order
D. Only by the victim
Answer: B. In any police station regardless of jurisdiction
Explanation: Zero FIR ensures that procedural delays don’t prevent prompt registration of cognizable offences.
28. BNSS mandates forensic evidence collection for offences punishable with:
A. 3 years or more
B. 5 years or more
C. 7 years or more
D. Life imprisonment
Answer: C. 7 years or more
Explanation: Mandatory forensic examination aims to improve investigation credibility and evidence quality.
29. Under Section 183 BNSS, confession of an accused should be recorded by:
A. Investigating Officer
B. Magistrate
C. Public Prosecutor
D. Superintendent of Police
Answer: B. Magistrate
Explanation: Only a Magistrate can record confessions to ensure voluntariness and judicial supervision.
30. The principle that investigation must be fair, impartial, and complete flows from which constitutional article?
A. Article 14
B. Article 19
C. Article 21
D. Article 22
Answer: C. Article 21
Explanation: The right to fair investigation is part of the right to life and personal liberty under Article 21.
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