top of page
Free-legal-notes-logo

CONSTITUTION OF CRIMINAL COURTS AND OFFICES

6.Classes of Criminal Courts
7. Territorial divisions
8. Court of Session
9. Courts of Judicial Magistrates
10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc

11. Special Judicial Magistrates

12. Local Jurisdiction of Judicial Magistrates

13. Subordination of Judicial Magistrates

14. Executive Magistrates
15. Special Executive Magistrates

16. Local Jurisdiction of Executive Magistrates

17. Subordination of Executive Magistrates

18. Public Prosecutors
19. Assistant Public Prosecutors
20. Directorate of Prosecution

A. 30 Basic Prelims Questions-Answers

CONTENTS

B. 40 Statement based / Assertion - Reason based questions

C. Ready Reckoner

Based on Chapter II (Constitution of Criminal Courts and Offices) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are approximately 30 preliminary-stage practice questions designed for competitive exams. Aim is to provide quick revision session for these provisions and refresh the memory. Answers are given at the end of this page. 

​

Preliminary Examination Practice Questions: Chapter II

​

1. Besides the High Courts and Courts constituted under other laws, how many classes of Criminal Courts are there in every State under Section 6? 

A) Three B) Four C) Five D) Six

​

2. Which of the following is NOT a class of Criminal Court mentioned in Section 6? 

A) Courts of Session B) Executive Magistrates C) Metropolitan Magistrates D) Judicial Magistrates of the first class

​

3. Under Section 7(2), the State Government may alter the limits or the number of sessions divisions and districts after consultation with: 

A) The Central Government B) The High Court C) The District Magistrate D) The State Legislature

​

4. According to Section 8(1), who has the authority to establish a Court of Session for every sessions division? 

A) The High Court B) The Central Government C) The State Government D) The Supreme Court

​

5. The presiding officer of a Court of Session is appointed by: 

A) The State Government B) The Governor C) The High Court D) The Chief Justice of India

​

6. If the office of the Sessions Judge is vacant, the High Court may make arrangements for disposal of urgent applications by:

 A) An Additional Sessions Judge B) A Chief Judicial Magistrate (if no Additional Sessions Judge is available) C) Both A and B D) An Executive Magistrate

​

7. Ordinarily, a Court of Session shall hold its sittings at such place as specified by: 

A) The State Government B) The High Court by notification C) The District Magistrate D) The Sessions Judge himself

​

8. For a Court of Session to sit at a place other than its ordinary sitting for the convenience of parties, whose consent is required under Section 8(6)? 

A) The High Court only B) The State Government only C) The prosecution and the accused D) The District Magistrate and the Superintendent of Police

​

9. Who establishes the Courts of Judicial Magistrates of the first and second class in a district? 

A) The High Court B) The State Government, after consultation with the High Court C) The Chief Judicial Magistrate D) The Central Government

​

10. Under the Proviso to Section 9(1), who can establish Special Courts of Judicial Magistrates to try a particular class of cases? 

A) The High Court B) The Central Government C) The State Government, after consultation with the High Court D) The Chief Justice of the High Court

​

11. The High Court shall appoint a Judicial Magistrate of the first class in every district to be the:

 A) Additional Sessions Judge B) Special Executive Magistrate C) Chief Judicial Magistrate D) District Magistrate

​

12. According to Section 10(2), an Additional Chief Judicial Magistrate shall have:

 A) Only administrative powers B) Only powers of a Magistrate of the second class C) All or any of the powers of a Chief Judicial Magistrate as the High Court may direct D) Powers only over sub-divisions

​

13. Special Judicial Magistrates under Section 11 are appointed for a term not exceeding: 

A) Six months at a time B) One year at a time C) Two years at a time D) Three years at a time

​

14. Who defines the local limits of the areas within which Judicial Magistrates may exercise their powers?

 A) The State Government B) The High Court C) The Chief Judicial Magistrate, subject to the control of the High Court D) The Sessions Judge

​

15. Under Section 13(1), every Chief Judicial Magistrate shall be subordinate to the: 

A) High Court B) Sessions Judge C) District Magistrate D) State Government

​

16. In every district, who appoints the District Magistrate? 

A) The High Court B) The State Government C) The Union Home Ministry D) The Governor

​

17. If the office of a District Magistrate becomes vacant, any officer succeeding temporarily to the executive administration shall: 

A) Wait for fresh orders before exercising powers B) Exercise all powers and perform all duties of the DM under the Sanhita C) Exercise only administrative powers D) Refer all judicial matters to the Sessions Judge

​

18. The BNSS has widened the State Government's power under Section 15 to appoint which rank of police officer as a Special Executive Magistrate? 

A) Inspector of Police B) Assistant Sub-Inspector C) Superintendent of Police or equivalent D) Deputy Superintendent of Police

​

19. All Executive Magistrates shall be subordinate to the:

 A) Sessions Judge B) High Court C) District Magistrate D) Chief Judicial Magistrate

​

20. For every High Court, the Central or State Government shall appoint a Public Prosecutor after consultation with: 

A) The Advocate General B) The High Court C) The Law Commission D) The Sessions Judge

​

21. To be eligible for appointment as a Public Prosecutor or Additional Public Prosecutor, a person must have practiced as an advocate for at least: 

A) Three years B) Five years C) Seven years D) Ten years

​

22. A Special Public Prosecutor can be appointed under Section 18(8) only if the person has practiced as an advocate for at least:

 A) Seven years B) Ten years C) Twelve years D) Fifteen years

​

23. Under Section 19(3), a police officer is ELIGIBLE to be appointed as an Assistant Public Prosecutor if he: 

A) Has taken part in the investigation of the case B) Is of the rank of Sub-Inspector C) Is of the rank of Inspector and did not investigate the offence D) Has less than three years of service

​

24. The State Government may establish a District Directorate of Prosecution in: 

A) The State Capital only B) Select Sessions Divisions C) Every district D) Only in tribal areas

​

25. A person is eligible to be a Director of Prosecution or a Deputy Director of Prosecution if they have been in practice as an advocate for not less than: 

A) Seven years B) Ten years C) Fifteen years D) Twenty years

​

26. The Directorate of Prosecution functions under the administrative control of the: 

A) High Court B) Law Department in the State C) Home Department in the State D) Governor

​

27. Every Assistant Director of Prosecution is subordinate to the: 

A) District Magistrate B) Sessions Judge C) Deputy Director of Prosecution D) Chief Judicial Magistrate

​

28. According to Section 20(7), the Director of Prosecution is responsible for monitoring cases punishable with: 

A) Fine only B) Less than seven years imprisonment C) Ten years or more, life imprisonment, or death D) Any offence under the BNS

​

29. The Deputy Director of Prosecution monitors cases in which offences are punishable with:

 A) Less than seven years B) Seven years or more, but less than ten years C) Death sentence only D) Seven years or more, but less than fourteen years

​

30. The provisions regarding the Directorate of Prosecution (Section 20) do NOT apply to: 

A) The Public Prosecutor for the district B) The Advocate General for the State while performing functions of a PP C) The Special Public Prosecutor D) The Assistant Director of Prosecution

​

For statement based and assertion-reason based questions, refer to PART B of this page. 

​

Answers and Explanations

  1. B) Four.

  2. C) Metropolitan Magistrates. (Omitted in the BNSS).

  3. B) The High Court.

  4. C) The State Government.

  5. C) High Court.

  6. C) Both A and B.

  7. B) The High Court by notification.

  8. C) The prosecution and the accused.

  9. B) The State Government, after consultation with the High Court.

  10. C) The State Government, after consultation with the High Court.

  11. C) Chief Judicial Magistrate.

  12. C) All or any of the powers of a Chief Judicial Magistrate as the High Court may direct.

  13. B) One year at a time.

  14. C) The Chief Judicial Magistrate, subject to the control of the High Court.

  15. B) Sessions Judge.

  16. B) The State Government.

  17. B) Exercise all powers and perform all duties of the DM under the Sanhita.

  18. C) Officer not below the rank of Superintendent of Police or equivalent.

  19. C) District Magistrate.

  20. B) The High Court.

  21. C) Seven years.

  22. B) Ten years.

  23. C) Is of the rank of Inspector and did not investigate the offence.

  24. C) Every district.

  25. C) Fifteen years. (Alternatively, they may be or have been a Sessions Judge).

  26. C) Home Department in the State.

  27. C) Deputy Director of Prosecution.

  28. C) Ten years or more, life imprisonment, or death.

  29. B) Seven years or more, but less than ten years.

  30. B) The Advocate General for the State while performing functions of a PP.

 

Here are 20 additional tough preliminary-stage questions for the BNSS Chapter II, featuring statement-based, assertion-reasoning, and true/false formats to test your mastery of the provisions.

​

Statement-Based Questions

List 1 and List 2 Matching Questions

Assertion and Reason Based Questions

True & False Statement Based Questions

​

 

I. Statement-Based Questions

​

1. Consider the following statements regarding the Court of Session under Section 8:

Statement I: Every Court of Session is presided over by a Judge who is appointed by the State Government in consultation with the High Court.

Statement II: The High Court may appoint a Sessions Judge of one division to also act as an Additional Sessions Judge of another division. Which of the statements is/are correct?

 

A) Only I B) Only II C) Both I and II D) Neither I nor II

​​

​

2. Evaluate these statements concerning Territorial Divisions under Section 7:

Statement I: The limits or the number of sessions divisions and districts can be altered by the State Government only after consultation with the High Court.

Statement II: The State Government has the power to divide any district into sub-divisions independently without consulting the High Court. Which of the statements is/are correct? 

 

A) Only I B) Only II C) Both I and II D) Neither I nor II

​

​

3. Regarding the appointment of Public Prosecutors under Section 18:

Statement I: A person is eligible for appointment as a Public Prosecutor or Additional Public Prosecutor only if they have been in practice as an advocate for at least seven years.

Statement II: In the National Capital Territory of Delhi, the Central Government shall appoint Public Prosecutors for the High Court after consultation with the High Court of Delhi. Which of the statements is/are correct? 

 

A) Only I B) Only II C) Both I and II D) Neither I nor II

​

4. Concerning Assistant Public Prosecutors (APP) under Section 19:

Statement I: If no APP is available for a specific case, the District Magistrate may appoint any person to be the APP after giving fourteen days' notice to the State Government.

Statement II: A police officer is eligible for appointment as an APP provided they are not below the rank of Inspector and have not taken part in the investigation of that specific offence. Which of the statements is/are correct? 

 

A) Only I B) Only II C) Both I and II D) Neither I nor II

​

5. Consider the hierarchy and control within the Directorate of Prosecution under Section 20:

Statement I: The Director of Prosecution functions under the administrative control of the Home Department in the State.

Statement II: Every Assistant Director of Prosecution is immediately subordinate to the Director of Prosecution and is not subordinate to the Deputy Director of Prosecution. Which of the statements is/are correct? 

 

A) Only I B) Only II C) Both I and II D) Neither I nor II

​

6. Regarding Special Judicial Magistrates (SJM) under Section 11:

Statement I: The High Court can confer the powers of a Judicial Magistrate on a person who holds or has held a post under the Government, but only if requested by the Central or State Government.

Statement II: No legal qualification or experience is required for an SJM if they have served in a senior government post for over ten years. Which of the statements is/are correct?

 

 A) Only I B) Only II C) Both I and II D) Neither I nor II

​

​

7. Examine the classes of Criminal Courts defined in Section 6:

Statement I: Under the BNSS, Metropolitan Magistrates are no longer categorized as a distinct class of Criminal Court.

Statement II: Executive Magistrates remain a recognized class of Criminal Court in every State. Which of the statements is/are correct?

 

 A) Only I B) Only II C) Both I and II D) Neither I nor II

​

​

II. Assertion and Reason Based Questions

​

8. Choose the correct option:

Assertion (A): The High Court is mandated to appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate (CJM) in every district.

Reason (R): Every CJM is subordinate to the Sessions Judge, while other Judicial Magistrates are subordinate to the CJM subject to the general control of the Sessions Judge.

 

A) Both A and R are true, and R is the correct explanation of A. B) Both A and R are true, but R is NOT the correct explanation of A. C) A is true, but R is false. D) A is false, but R is true.

​

​

9. Choose the correct option:

Assertion (A): The State Government may appoint a police officer of the rank of Sub-Inspector as a Special Executive Magistrate for a particular area.

Reason (R): Section 15 of the BNSS has widened the power of the State Government to appoint police officers as Special Executive Magistrates, provided they are not below the rank of Superintendent of Police.

 

A) Both A and R are true, and R is the correct explanation of A. B) Both A and R are true, but R is NOT the correct explanation of A. C) A is false, but R is true. D) A is true, but R is false.

​

​

10. Choose the correct option:

Assertion (A): If a State has a regular Cadre of Prosecuting Officers, the State Government must generally appoint Public Prosecutors from that cadre.

Reason (R): The State Government may bypass the regular cadre and appoint a person from a panel prepared by the District Magistrate if it believes no suitable person is available within the cadre.

 

A) Both A and R are true, and R is the correct explanation of A. B) Both A and R are true, but R is NOT the correct explanation of A. C) A is true, but R is false. D) A is false, but R is true.

​

​

11. Choose the correct option:

Assertion (A): A Court of Session is permitted to hold its sittings at a place other than its ordinary place of sitting to accommodate the convenience of witnesses.

Reason (R): Such a change in location requires the express consent of both the prosecution and the accused person.

 

A) Both A and R are true, and R is the correct explanation of A. B) Both A and R are true, but R is NOT the correct explanation of A. C) A is true, but R is false. D) A is false, but R is true.

​

​

12. Choose the correct option:

Assertion (A): The Assistant Director of Prosecution is eligible for appointment if they have been a Magistrate of the first class.

Reason (R): Assistant Directors of Prosecution are specifically tasked with monitoring cases where offences are punishable with imprisonment for less than seven years.

A) Both A and R are true, and R is the correct explanation of A. B) Both A and R are true, but R is NOT the correct explanation of A. C) A is true, but R is false. D) A is false, but R is true.

​

​

13. Choose the correct option:

Assertion (A): All Executive Magistrates in a district are subordinate to the District Magistrate.

Reason (R): The District Magistrate is empowered to define the local limits within which Executive Magistrates may exercise their powers.

 

A) Both A and R are true, and R is the correct explanation of A. B) Both A and R are true, but R is NOT the correct explanation of A. C) A is true, but R is false. D) A is false, but R is true.

​

​

14. Choose the correct option:

Assertion (A): The High Court has the power to confer Judicial Magistrate powers on a Civil Court Judge.

Reason (R): Such an action is taken when it appears to the High Court to be expedient or necessary for the administration of criminal justice.

 

A) Both A and R are true, and R is the correct explanation of A. B) Both A and R are true, but R is NOT the correct explanation of A. C) A is true, but R is false. D) A is false, but R is true.

​

​

III. True or False Based Questions

​

15. True or False: If the office of the Sessions Judge is vacant, and no Additional Sessions Judge is available, the High Court may arrange for the District Magistrate to dispose of urgent applications pending before the Court of Session.

[False - Jurisdiction goes to the CJM, not the DM, under Section 8(5).]

​

16. True or False: Special Judicial Magistrates are appointed for a term not exceeding two years at a time as specified by the High Court.

[False - The term is "not exceeding one year at a time" under Section 11(2).]

​

17. True or False: Every Judicial Magistrate (other than the CJM) is subordinate to the Chief Judicial Magistrate, but this subordination is subject to the general control of the Sessions Judge.

[True - Per Section 13(1).]

​

18. True or False: The Director of Prosecution is responsible for monitoring cases punishable with ten years or more, life imprisonment, or death.

[True - Per Section 20(7).]

​

19. True or False: The provisions regarding the Directorate of Prosecution under Section 20 apply to the Advocate General for the State when he is acting as a Public Prosecutor.

[False - Section 20(12) explicitly excludes the Advocate General.]

​

20. True or False: A person is eligible to be a Director of Prosecution if they have been in practice as an advocate for not less than fifteen years or have been a Sessions Judge.

[True - Per Section 20(2)(a).]

​

Answers and Explanations

  1. B) Only II. Statement I is false because the High Court appoints the Judge. Statement II is true per Section 8(4).

  2. A) Only I. Statement II is false because sub-divisions are also created/altered after consultation with the High Court.

  3. C) Both I and II. Both are accurate provisions of Section 18.

  4. C) Both I and II. Both are accurate provisions of Section 19.

  5. A) Only I. Statement II is false; an Assistant Director is subordinate to the Deputy Director per Section 20(4).

  6. A) Only I. Statement II is false because the person must possess qualifications specified by the High Court.

  7. C) Both I and II. BNSS omitted Metropolitan Magistrates and includes Executive Magistrates in Section 6.

  8. B) Both true, but R does not explain A. The subordination rule is not the reason why the HC appoints a CJM.

  9. C) A is false, but R is true. The rank must be SP or above per Section 15.

  10. A) Both true, and R explains the exception to A.

  11. A) Both true, and R explains the procedure required for A.

  12. B) Both true, but R does not explain A. The eligibility and monitoring duties are separate provisions within Section 20.

  13. A) Both true, and R explains how DM exercises administrative control/subordination.

  14. A) Both true, and R provides the legal justification for A.

  15. False. (Already explained in question).

  16. False. (Already explained in question).

  17. True. (Already explained in question).

  18. True. (Already explained in question).

  19. False. (Already explained in question).

  20. True. (Already explained in question).

​

Based on Chapter II: Constitution of Criminal Courts and Offices (Sections 6–20), here are some practise questions including: 

Statement-Based Questions

Assertion and Reason Based Questions

True & False Statement Based Questions

​

I. Statement-Based Questions

​

1. Consider the following statements regarding Territorial Divisions under Section 7:

Statement I: Every sessions division shall, for the purposes of the Sanhita, be a district or consist of districts.

Statement II: The State Government has the absolute power to alter the limits or the number of such divisions and districts at its own discretion. 

Which of the statements is/are correct? 

A) Only I B) Only II C) Both I and II D) Neither I nor II

​

​

2. Evaluate the following statements regarding Section 9 (Courts of Judicial Magistrates):

Statement I: Courts of Judicial Magistrates are established by the High Court in every district at such places as it may notify.

Statement II: The presiding officers of these Courts are appointed by the High Court. 

Which of the statements is/are correct? 

A) Only I B) Only II C) Both I and II D) Neither I nor II

​

​

3. Regarding the appointment of Assistant Public Prosecutors (APP) under Section 19:

Statement I: No police officer shall be eligible to be appointed as an APP if they are below the rank of Inspector.

Statement II : A police officer who has taken part in the investigation of a particular offence is eligible to be appointed as the APP for that specific case.

Which of the statements is/are correct? 

A) Only I B) Only II C) Both I and II D) Neither I nor II

​

4. Consider the eligibility for the Directorate of Prosecution under Section 20:

Statement I: A person is eligible to be a Director of Prosecution if they have been in practice as an advocate for not less than fifteen years.

Statement II: A person who has been a Magistrate of the first class is eligible to be appointed as an Assistant Director of Prosecution. 

Which of the statements is/are correct? 

A) Only I B) Only II C) Both I and II D) Neither I nor II

​

5. Regarding subordination and control within the Directorate of Prosecution (Section 20):

Statement I: Every Assistant Director of Prosecution is subordinate to the Deputy Director of Prosecution.

Statement II: Public Prosecutors appointed for the High Court are subordinate to the Director of Prosecution.

Which of the statements is/are correct? 

A) Only I B) Only II C) Both I and II D) Neither I nor II

​

6. Evaluate these statements concerning the classes of Criminal Courts (Section 6):

Statement I: Under the BNSS, the category of "Metropolitan Magistrates" has been omitted as a distinct class of Criminal Court.

Statement II: There are exactly four classes of Criminal Courts in every State, besides the High Courts and Courts constituted under other laws. 

Which of the statements is/are correct? 

A) Only I B) Only II C) Both I and II D) Neither I nor II

​

7. Regarding case monitoring functions under Section 20:

Statement I: The Deputy Director of Prosecution is tasked with monitoring cases where offences are punishable for seven years or more, but less than ten years.

Statement II: The Assistant Director of Prosecution is responsible for monitoring cases punishable for ten years or less. 

Which of the statements is/are correct? 

A) Only I B) Only II C) Both I and II D) Neither I nor II

​

8. Consider the High Court's powers over the Judicial Service under Section 9:

Statement I: The High Court may confer the powers of a Judicial Magistrate of the first class on any member of the Judicial Service of the State functioning as a Judge in a Civil Court.

Statement II: This power can only be exercised after obtaining the concurrence of the State Government. 

Which of the statements is/are correct? 

A) Only I B) Only II C) Both I and II D) Neither I nor II

​

II. Assertion and Reason Based Questions

​

9. Choose the correct option:

  • Assertion (A): The High Court is the sole authority for appointing the presiding officer of a Court of Session.

  • Reason (R): Every Court of Session is established by the State Government for a sessions division.

​

A) Both A and R are true, and R is the correct explanation of A.

B) Both A and R are true, but R is NOT the correct explanation of A.

C) A is true, but R is false.

D) A is false, but R is true.

​

10. Choose the correct option:

  • Assertion (A): If the office of the Sessions Judge is vacant, a Chief Judicial Magistrate may be authorized to dispose of urgent applications.

  • Reason (R): Under Section 8(5), the High Court may arrange for a CJM to handle such applications if no Additional Sessions Judge is available.

​

A) Both A and R are true, and R is the correct explanation of A.

B) Both A and R are true, but R is NOT the correct explanation of A.

C) A is true, but R is false.

D) A is false, but R is true.

​

11. Choose the correct option:

  • Assertion (A): The Director of Prosecution functions under the administrative control of the Home Department in the State.

  • Reason (R): The Director of Prosecution is the administrative head of the Directorate of Prosecution.

​

A) Both A and R are true, and R is the correct explanation of A.

B) Both A and R are true, but R is NOT the correct explanation of A.

C) A is true, but R is false.

D) A is false, but R is true.

​

12. Choose the correct option:

  • Assertion (A): Every Judicial Magistrate in a district (other than the CJM) is subordinate to the Chief Judicial Magistrate.

  • Reason (R): The Sessions Judge exercises general control over the Chief Judicial Magistrate.

​

A) Both A and R are true, and R is the correct explanation of A.

B) Both A and R are true, but R is NOT the correct explanation of A.

C) A is true, but R is false.

D) A is false, but R is true.

​

13. Choose the correct option:

  • Assertion (A): If a State has a regular Cadre of Prosecuting Officers, the State Government must generally appoint Public Prosecutors from that cadre.

  • Reason (R): The State Government may appoint a person from a panel prepared by the District Magistrate only if it believes no suitable person is available within the regular cadre.

​

A) Both A and R are true, and R is the correct explanation of A.

B) Both A and R are true, but R is NOT the correct explanation of A.

C) A is true, but R is false.

D) A is false, but R is true.

​

14. Choose the correct option:

  • Assertion (A): All Executive Magistrates in a district are subordinate to the District Magistrate.

  • Reason (R): Every Executive Magistrate (other than the SDM) exercising powers in a sub-division is also subordinate to the Sub-divisional Magistrate.

​

A) Both A and R are true, and R is the correct explanation of A.

B) Both A and R are true, but R is NOT the correct explanation of A.

C) A is true, but R is false.

D) A is false, but R is true.

​

III. Truth or False Based Questions

​

15. True or False: Special Judicial Magistrates are appointed by the High Court for a term not exceeding two years at a time.

[False - The term is "not exceeding one year at a time" under Section 11(2).]

​

16. True or False: A Special Executive Magistrate appointed under Section 15 is considered an Executive Magistrate and is entitled to exercise powers under the Sanhita.

[True]

​

17. True or False: Once a Special Court of Judicial Magistrate is established for a local area, ordinary Courts of Magistrates in that area retain concurrent jurisdiction to try those specific cases.

[False - Section 9 Proviso states that "no other Court of Magistrate in the local area shall have jurisdiction" for those cases.]

​

18. True or False: The definition of "Public Prosecutor" under Section 2(1)(v) specifically includes any person acting under the directions of a Public Prosecutor.

[True]

​

19. True or False: The provisions of Section 20 regarding the Directorate of Prosecution apply to the Advocate General for the State when he is performing the functions of a Public Prosecutor.

[False - Section 20(12) explicitly excludes the Advocate General.]

​

20. True or False: The Chief Judicial Magistrate has the power to make rules or special orders regarding the distribution of business among the Judicial Magistrates subordinate to him. [True]

​

Answers and Explanations

  1. A) Only I. Statement II is false because Section 7(2) requires consultation with the High Court.

  2. B) Only II. Statement I is false because the State Government establishes these courts (after consultation with the HC), while the HC appoints the presiding officers.

  3. A) Only I. Statement II is false because Section 19(3) prohibits police officers from prosecuting a case if they took part in the investigation.

  4. C) Both I and II. Director requires 15 years practice, and an Assistant Director can be a former JM1.

  5. C) Both I and II. Assistant Directors are subordinate to Deputy Directors, and HC PPs are subordinate to the Director.

  6. C) Both I and II. BNSS omitted Metropolitan Magistrates. Section 6 lists Sessions, JM1, JM2, and Executive Magistrates (4 classes).

  7. A) Only I. Statement II is false; Assistant Directors monitor cases punishable for less than seven years.

  8. A) Only I. Section 9(3) does not mandate State Government concurrence for conferring JM powers on a Civil Judge.

  9. B) Both true, but R does not explain A. The establishment by the State Gov is a separate fact from the appointment of the Judge by the HC.

  10. A) Both true, and R is the explanation.

  11. B) Both true, but R does not explain A. The Home Department control is an administrative rule; monitoring duties are functional rules.

  12. B) Both true, but R does not explain A. Subordination within the JM ranks is distinct from the SJ's general control over the CJM.

  13. A) Both true, and R explains the exception to A.

  14. B) Both true, but R does not explain A. These are two distinct levels of subordination for EMs.

  15. False. Term is 1 year.

  16. True.

  17. False. Jurisdiction is exclusive to the Special Court.

  18. True.

  19. False.

  20. True.

READY RECKONER

​​

To master the hierarchy and functions of the prosecution system under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), you can use this summary of Sections 18, 19, and 20.

​​

Quick Comparison 

Here is the comparison of the prosecution functionaries under the BNSS in a simple pointer format:

1. Public Prosecutors (Section 18)

  • Courts: These officers primarily conduct cases in the High Courts and District Courts (Sessions Courts).

  • Appointing Authority: The Central or State Government appoints them for the High Court (after consulting the High Court), while the State Government appoints them for districts.

  • Appointment Method: In districts, they are appointed from a panel of names prepared by the District Magistrate in consultation with the Sessions Judge, or from a regular Cadre of Prosecuting Officers.

  • Experience Required:

    • Regular/Additional PP: Minimum 7 years of practice as an advocate.

    • Special PP: Minimum 10 years of practice as an advocate for specific cases.

  • Subordination: High Court PPs are subordinate to the Director of Prosecution; District PPs are subordinate to the Deputy or Assistant Director of Prosecution.

  • Victim's Right: A victim may engage their own advocate to assist the prosecution with the Court's permission

 

2. Assistant Public Prosecutors (Section 19)

  • Courts: They are specifically appointed to conduct prosecutions in the Courts of Magistrates.

  • Appointing Authority: Appointed by the State Government for every district; the Central Government may also appoint them for specific classes of cases.

  • Emergency Appointment: If no APP is available for a case, the District Magistrate may appoint any other person to be the APP after giving 14 days' notice to the State Government.

  • Police Officer Eligibility: A police officer can be appointed as an APP only if they are not below the rank of Inspector and have not taken part in the investigation of the specific offence being prosecuted.

  • Subordination: They are subordinate to the Deputy Director or Assistant Director of Prosecution.

​

3. Directorate of Prosecution (Section 20)

  • Structure: It consists of a State Directorate (Director and Deputy Directors) and a District Directorate (Deputy and Assistant Directors).The District Directorate is a newly inserted feature of the BNSS

  • Administrative Control: The entire Directorate functions under the administrative control of the Home Department in the State.

  • Eligibility Criteria:

    • Director/Deputy Director: Minimum 15 years of advocate practice or service as a Sessions Judge.

    • Assistant Director: Minimum 7 years of advocate practice or service as a Magistrate of the first class.

  • Monitoring Duties (Severity Scale):

    • Director of Prosecution: Monitors serious cases punishable with 10 years or more, life imprisonment, or death; also provides opinions on filing appeals.

    • Deputy Director of Prosecution: Scrutinises police reports and monitors cases punishable with 7 to 10 years to ensure expeditious disposal.

    • Assistant Director of Prosecution: Monitors cases punishable with less than 7 years.

​

​

To ensure comprehensive coverage of Chapter II: Constitution of Criminal Courts and Offices, here are one-line pointers for the remaining technical details and procedural rules not fully emphasized in the previous questions and summaries:

​

Territorial and Judicial Structure

  • Sessions Divisions: Every State shall be a sessions division or consist of sessions divisions, and every sessions division shall be a district or consist of districts.

  • Business Distribution (Sessions): The Sessions Judge is empowered to make orders consistent with the Sanhita regarding the distribution of business among Additional Sessions Judges.

  • Civil Judges as Magistrates: The High Court may, when necessary, confer the powers of a Judicial Magistrate of the first or second class on any member of the Judicial Service of the State functioning as a Judge in a Civil Court.

  • SDJM Supervision: Subject to the general control of the CJM, every Sub-divisional Judicial Magistrate (SDJM) exercises supervision and control over the work of other Judicial Magistrates in that sub-division.

  • Defining JM Limits: The Chief Judicial Magistrate, subject to the control of the High Court, defines the local limits of the areas within which Judicial Magistrates may exercise their powers.

  • JM Business Distribution: The Chief Judicial Magistrate has the authority to make rules or give special orders for the distribution of business among the Judicial Magistrates subordinate to him.

​

Executive Magistrate Functions

  • DM Delegation Power: The State Government may delegate its power to place an Executive Magistrate in charge of a sub-division (as an SDM) to the District Magistrate.

  • Commissioner of Police: The State Government is explicitly permitted to confer all or any of the powers of an Executive Magistrate on a Commissioner of Police under any law currently in force.

  • EM Business Distribution: The District Magistrate may make rules or special orders to distribute or allocate business among the Executive Magistrates subordinate to him.

​

Prosecution Functionaries (Sections 18, 19, 20)

  • Regular Cadre Requirement: If a State has a "regular Cadre of Prosecuting Officers," the Government must appoint PPs/Additional PPs only from that cadre unless no suitable person is available.

  • Experience Calculation: For eligibility purposes, any period a person has served as a Public Prosecutor, Additional PP, Assistant PP, or other Prosecuting Officer is counted as time spent in practice as an advocate.

  • PP Definition: A Public Prosecutor includes any person acting under the directions of a Public Prosecutor.

  • Advocate General Exclusion: The administrative and monitoring rules of the Directorate of Prosecution (Section 20) do not apply to the Advocate General for the State when he is performing the functions of a Public Prosecutor.

  • High Court Consultation Omitted: While the previous Code required consultation with the Chief Justice of the High Court for appointing the Director of Prosecution, the BNSS notes that this specific concurrence requirement is not included in the new Section 20(2).

​

bottom of page