POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE

Based on Chapter IV (Powers of Superior Officers of Police and Aid to the Magistrates and the Police) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are several high-level preliminary examination questions designed to help you revise the entire chapter.

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I. Statement-Based Questions

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Q1. Consider the following statements regarding the powers of superior police officers under Section 30:

• Statement I: A police officer superior in rank to an officer in charge of a police station can only exercise their powers within the specific police station limits they are visiting.

• Statement II: Such superior officers may exercise the same powers as an SHO throughout the entire local area to which they are appointed.

Which of the statements given above is/are correct? 

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

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Q2. Regarding the public duty to give information of certain offences under Section 33:

• Statement I: Every person aware of the commission of specific offences, such as murder or organized crime, is legally bound to inform the nearest Magistrate or police officer forthwith.

• Statement II: If a person fails to give such information, the burden of proving a "reasonable excuse" for the failure lies on the prosecution.

Which of the statements given above is/are correct? 

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

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Q3. Evaluate the following statements regarding the duties of village residents and officers under Section 34:

• Statement I: Every person residing in a village is bound to communicate information regarding the permanent or temporary residence of notorious receivers of stolen property to the nearest Magistrate or police station.

• Statement II: This duty only applies to official village headmen and members of the Panchayat, not to ordinary residents.

Which of the statements given above is/are correct? 

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

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II. Assertion and Reason Based Questions

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Q4. Choose the correct option:

• Assertion (A): For the purposes of Section 33, the term "offence" includes acts committed at any place outside of India.

• Reason (R): Such an act must be one that would constitute an offence if it were committed within India.

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.

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Q5. Choose the correct option:

• Assertion (A): A private person is legally permitted to aid someone who is not a police officer but is executing a warrant of arrest.

• Reason (R): Section 32 provides that aid may be given if the person authorized to execute the warrant is near at hand and acting in the execution of that warrant.

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.

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III. Revision Pointers and Multi-Choice Questions

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Q6. Under Section 34(1)(f), who has the power to issue a general or special order directing village officers to communicate information regarding matters likely to affect the maintenance of order? 

A) The Sessions Judge

B) The Superintendent of Police

C) The District Magistrate

D) The State Government directly

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Q7. According to Section 33, which of the following is NOT an offence about which the public is mandated to give information? 

A) Offences against the State (waging war)

B) Murder and culpable homicide

C) All non-cognizable offences

D) Organized crime and terrorist acts

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Q8. The definition of "officer employed in connection with the affairs of a village" under Section 34 includes: 

A) The village headman only

B) Any person appointed to perform any function connected with village administration

C) Members of the Panchayat

D) All of the above

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Answers and Explanations

1. B) Only II. Under Section 30, superior officers exercise their powers throughout the local area to which they are appointed, not just within the limits of one station.

2. A) Only I. Statement II is incorrect because Section 33(1) explicitly states that the burden of proving a reasonable excuse shall lie upon the person so aware (the citizen), not the prosecution.

3. A) Only I. Statement II is incorrect because Section 34(1) mandates this duty for "every officer employed in connection with the affairs of a village AND every person residing in a village".

4. A) Both A and R are true, and R is the correct explanation of A. Section 33(2) extends the reporting duty to extra-territorial acts that would be illegal if committed in India.

5. A) Both A and R are true, and R is the correct explanation of A. This reflects the provisions of Section 32.

6. C) The District Magistrate. The DM issues these orders with the previous sanction of the State Government.

7. C) All non-cognizable offences. Section 33 lists specific serious offences (mostly cognizable) such as murder (103), organized crime (111), and waging war (147). It does not mandate reporting for every non-cognizable offence.

8. D) All of the above. Section 34(iii) provides a broad definition including headmen, Panchayat members, and any person appointed for village administration.

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