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GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

CHAPTER XXVI

337. Person once convicted or acquitted not to be tried for same offence 

338. Appearance by Public Prosecutors 

339. Permission to conduct prosecution 

340. Right of person against whom proceedings are instituted to be defended 

341. Legal aid to accused at State expense in certain cases 

342. Procedure when corporation or registered society is an accused 

343. Tender of pardon to accomplice 

344. Power to direct tender of pardon 

345. Trial of person not complying with conditions of pardon 

346. Power to postpone or adjourn proceedings 

347. Local inspection 

348. Power to summon material witness, or examine person present 

349. Power of Magistrate to order person to give specimen signatures or handwriting, etc 

350. Expenses of complainants and witnesses 

351. Power to examine accused 

352. Oral arguments and memorandum of arguments 

353. Accused person to be competent witness 

354. No influence to be used to induce disclosure 

355. Provision for inquiries and trial being held in absence of accused in certain cases 

356. Inquiry, trial or judgment in absentia of proclaimed offender 

357. Procedure where accused does not understand proceedings 

358. Power to proceed against other persons appearing to be guilty of offence 

359. Compounding of offences 

360. Withdrawal from prosecution 

361. Procedure in cases which Magistrate cannot dispose of 

362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed 

363. Trial of persons previously convicted of offences against coinage, stamp-law or property 

364. Procedure when Magistrate cannot pass sentence sufficiently severe 

365. Conviction or commitment on evidence partly recorded by one Magistrate

CONTENTS

B. Statement based prelims q& a

A. basic Prelims questions with answer

C. Ready Reckoner

Based on Chapter XXVI (General Provisions as to Inquiries and Trials) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 30 preliminary examination questions. These include statement-based, reasoning-based, and memory-based questions, along with accuracy checks for new BNSS updates.

 

Chapter XXVI Prelims Questions with Answers in the End 

 

Q1. According to Section 337(1), a person once convicted or acquitted of an offence cannot be tried again for:  

A) Any offence whatsoever.  

B) The same offence, or on the same facts for any other offence for which a different charge might have been made.  

C) Any civil liability arising from the same facts.  

D) Only offences punishable with more than seven years.

 

Q2. Under the Explanation to Section 337, which of the following does NOT constitute an "acquittal" for the purposes of the rule against double jeopardy?  

A) An order of acquittal after a full trial.  

B) The dismissal of a complaint.  

C) The discharge of the accused.  

D) Both B and C.

 

Q3. Under Section 339, which authority's permission is required for any person (other than a Public Prosecutor or APP) to conduct a prosecution in a Magistrate's Court?  

A) The High Court.  

B) The State Government.  

C) The Magistrate inquiring into or trying the case.  

D) The Superintendent of Police.

 

Q4. Section 341 mandates providing legal aid at State expense to an accused in a trial before a Court of Session if:  

A) The accused is a woman or child.  

B) The accused is not represented by an advocate and lacks sufficient means to engage one.  

C) The Public Prosecutor recommends it.  

D) The offence is punishable by death only.

 

Q5. According to Section 342, how does a corporation or registered society appear when it is an accused?  

A) Through its highest-ranking Director only.  

B) By appointing a representative for the purpose of the inquiry or trial.  

C) Through a power of attorney filed in a Civil Court.  

D) A corporation cannot be an accused in BNSS.

 

Q6. Under Section 343(1), who has the power to tender a pardon to an accomplice with a view to obtaining evidence?  

A) Any Executive Magistrate.  

B) Only the Sessions Judge.  

C) The Chief Judicial Magistrate or a Magistrate of the first class.  

D) The Investigating Officer.

 

Q7. What is the mandatory condition for a person accepting a tender of pardon under Section 343(4)?  

A) They must pay a fine to the victim.  

B) They shall be examined as a witness in the Court of the Magistrate and in the subsequent trial.  

C) They must remain in police custody until the end of the trial.  

D) They must leave the district immediately after testifying.

 

Q8. (BNSS Update) According to the Proviso to Section 346(1), an inquiry or trial relating to specific sexual offences (Sections 64–71 BNS) must be completed within:  

A) Thirty days from filing the chargesheet.  

B) Sixty days from filing the chargesheet.  

C) Two months from the date of filing of the chargesheet.  

D) Six months from the date of FIR.

 

Q9. Under Section 346(2), no Court shall remand an accused person to custody for a term exceeding _____ at a time.  

A) Seven days.  

B) Fourteen days.  

C) Fifteen days.  

D) Thirty days.

 

Q10. (Accuracy Check) Under Section 349, a Magistrate of the first class can order a person (including an accused) to give which of the following for investigation?  

A) Specimen signatures or handwriting.  

B) Finger impressions.  

C) Voice samples.  

D) All of the above.

 

Q11. Statement I: Under Section 351(2), no oath shall be administered to the accused when they are examined to explain circumstances against them.  

Statement II: The accused renders themselves liable to punishment if they give false answers during this examination.  

A) Only Statement I is correct.  

B) Only Statement II is correct.  

C) Both are correct.  

D) Neither is correct.

 

Q12. According to Section 352, when must a party to a proceeding submit a memorandum of arguments to the Court?  

A) Before the evidence begins.  

B) After the close of his evidence but before he concludes oral arguments.  

C) Only after the judgment is delivered.  

D) Within 15 days of the FIR.

 

Q13. Under Section 353, an accused is a competent witness for the defence provided they make a request in writing. Their failure to give evidence shall:  

A) Give rise to a presumption of guilt.  

B) Be the subject of comment by the prosecution.  

C) Not be made the subject of any comment by any party or the Court.  

D) Result in the immediate cancellation of bail.

 

Q14. Section 355 allows a Judge or Magistrate to dispense with the personal attendance of the accused and proceed with the trial if they are satisfied that:  

A) The accused is a public servant.  

B) The accused is represented by an advocate and their attendance is not necessary for the interests of justice.  

C) The accused has paid a special fee.  

D) The victim has no objection.

 

Q15. (New BNSS Update) Section 356 introduces the trial of a "proclaimed offender" in their absence. Within what timeframe from framing the charge can this trial commence?  

A) Immediately.  

B) After 30 days.  

C) After ninety days has lapsed from the date of framing of the charge.  

D) Only after three years.

 

Q16. Under Section 356(7), a proclaimed offender convicted in absentia cannot file an appeal unless:  

A) They pay a fine of five lakh rupees.  

B) They present themselves before the Court of appeal.  

C) The State Government gives consent.  

D) No appeal is allowed under any circumstances.

 

Q17. Which section of BNSS corresponds to the power to proceed against "other persons" appearing to be guilty of an offence (formerly Section 319 CrPC)?  

A) Section 337.  

B) Section 343.  

C) Section 351.  

D) Section 358.

 

Q18. According to Section 359(8), the composition (compounding) of an offence under this section shall have the effect of _____ of the accused.  

A) Discharge.  

B) Acquittal.  

C) Stay of proceedings.  

D) Conviction.

 

Q19. Under Section 359(7), an offence shall NOT be compounded if:  

A) The victim is a minor.  

B) The accused is, by reason of a previous conviction, liable to enhanced punishment.  

C) The Public Prosecutor objects.  

D) The property value exceeds one lakh rupees.

 

Q20. Under Section 360, if a Public Prosecutor withdraws from prosecution AFTER the charge has been framed, the accused shall be:  

A) Discharged.  

B) Acquitted.  

C) Released on probation.  

D) Referred to a higher Court.

 

Q21. According to Section 360 Proviso, in cases investigated by a Central Agency, the Public Prosecutor cannot withdraw from prosecution without the permission of:  

A) The High Court.  

B) The State Government.  

C) The Central Government.  

D) The District Magistrate.

 

Q22. (Reasoning) Why does Section 364 require a Magistrate to submit proceedings to the CJM if they cannot pass a sufficiently severe sentence?  

A) To ensure the accused receives a punishment commensurate with the gravity of the offence beyond the Magistrate's own legal limit.  

B) Because Magistrates are not allowed to pass sentences of imprisonment.  

C) To allow the CJM to acquit the accused.  

D) To delay the trial process.

 

Q23. Under Section 365, if a Magistrate is succeeded by another before a trial is finished, the successor Magistrate:  

A) Must start the trial fresh (de novo).  

B) May act on the evidence recorded by his predecessor.  

C) Must transfer the case to the Sessions Court.  

D) Cannot use any evidence recorded previously.

 

Q24. According to Section 366(1), every Criminal Court shall be deemed to be:  

A) A private chamber.  

B) An open Court.  

C) A closed building.  

D) A virtual Court only.

 

Q25. (Accuracy Check) Under Section 366(2), the trial of rape or specific sexual offences under BNS/POCSO shall be conducted:  

A) In the presence of the media.  

B) In open Court with full public access.  

C) In camera.  

D) Only at the residence of the Magistrate.

 

Q26. Under Section 366(3), printing or publishing any matter relating to in camera proceedings is generally illegal without:  

A) A fee paid to the Court.  

B) Previous permission of the Court.  

C) Consent of the accused.  

D) Authorization from the State Governor.

 

Q27. According to Section 345, if a person who accepted a pardon is tried for not complying with the conditions, the Court must ask the accused if they plead that they have complied:  

A) After the judgment is written.  

B) If it is a Court of Session, before the charge is read out and explained.  

C) Only if the accused is a woman.  

D) At the very end of the trial.

 

Q28. (Memory Check) Which BNS section is mentioned in the Compounding Table (Section 359) as "Theft" where the owner of the property may compound the offence?  

A) Section 103.  

B) Section 303(2).  

C) Section 115.  

D) Section 356.

 

Q29. In a case where the Magistrate finds that a dispute should be dealt with under Section 164 (Disputes as to immovable property) after starting proceedings under Section 166, they can continue the proceedings under Section 164 under which section's logic?  

A) Section 358.  

B) Section 361.  

C) Section 166(4).  

D) Section 340.

 

Q30. (Analytical) If a Magistrate of the second class is of the opinion that an accused should be released on probation under Section 125 but they are not empowered to do so, they should proceed under:  

A) Section 337.  

B) Section 364.  

C) Section 360.  

D) Section 343.

 

Answer Key  

  1. B [S. 337(1)]  

  2. D [S. 337 Explanation]  

  3. C [S. 339(1)]  

  4. B [S. 341(1)]  

  5. B [S. 342(2)]  

  6. C [S. 343(1)]  

  7. B [S. 343(4)(a)]  

  8. C [S. 346(1) Proviso]  

  9. C [S. 346(2) Proviso]  

  10. D [S. 349]  

  11. A [S. 351(2) & (3) - No punishment for false answers or refusal]  

  12. B [S. 352(1)]  

  13. C [S. 353(1) Proviso (b)]  

  14. B [S. 355(1)]  

  15. C [S. 356(1) Proviso]  

  16. B [S. 356(7)]  

  17. D [S. 358]  

  18. B [S. 359(8)]  

  19. B [S. 359(7)]  

  20. B [S. 360(b)]  

  21. C [S. 360 Proviso]  

  22. A [S. 364(1)]  

  23. B [S. 365(1)]  

  24. B [S. 366(1)]  

  25. C [S. 366(2)]  

  26. B [S. 366(3)]  

  27. B [S. 345(4)(a)]  

  28. B [S. 359 Table]  

  29. C [S. 166(4)]  

  30. B [S. 364(1)]

​

Based on Chapter XXVI (General Provisions as to Inquiries and Trials) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are the 20 advanced prelims questions.

Chapter XXVI Prelims Practice Questions with answers in the End 

Q1. Consider the following statements regarding Section 337 (Double Jeopardy):
Statement I: A person discharged under Section 281 cannot be tried again for the same offence unless the Court that discharged them gives consent.
Statement II: The dismissal of a complaint is legally equivalent to an acquittal for the purposes of Section 337.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct [42, S. 337]

Q2. Regarding remands and adjournments under Section 346:
Statement I: A Court may remand an accused to custody for a term not exceeding thirty days at a time during an adjournment.
Statement II: The fact that an advocate is engaged in another Court is not a valid ground for granting an adjournment.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct [44, S. 346]

Q3. Evaluate these statements regarding Section 366 (Open Courts):
Statement I: Every Criminal Court is deemed an open Court, but the Judge may exclude the public from any particular case.
Statement II: Trials for specific sexual offences under the BNS must be conducted in camera as a mandatory rule.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct [46, S. 366]

Q4. Concerning Legal Aid under Section 341:
Statement I: In a trial before a Court of Session, the Court must assign an advocate at State expense if the accused lacks sufficient means.
Statement II: The State Government may extend this provision to any other class of trials by notification.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct [43, S. 341]

Q5. Regarding specimen signatures and voice samples under Section 349:
Statement I: A Magistrate of the first class can order any person, including an accused, to provide voice samples for investigation.
Statement II: This power can only be exercised if the person has already been arrested for an offence.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct [44, S. 349]

Q6. Regarding the submission of arguments under Section 352:
Statement I: A party should submit a memorandum of arguments before they conclude their oral arguments.
Statement II: A Court is required to grant an adjournment to a party for the sole purpose of filing written arguments.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct [44, S. 352]

Q7. If an accomplice who accepted a pardon under Section 343 is certified by the Public Prosecutor to have given false evidence, what is the immediate legal consequence?
A) They are automatically convicted of the original offence.
B) They may be tried for the original offence and for giving false evidence.
C) The pardon remains valid but they are fined.
D) They are released with a warning. [43, S. 345]

Q8. 'X' is charged with theft under Section 303(2) BNS (value less than ₹5,000). The owner of the property agrees to settle. What is the procedure under Section 359?
A) The offence is non-compoundable.
B) It can be compounded by the owner with the permission of the Court.
C) It can be compounded by the owner without the permission of the Court.
D) Only the Public Prosecutor can settle the matter. [45, S. 359 Table]

Q9. If a Magistrate is succeeded by another Judge before a trial is finished, what power does the successor have under Section 365?
A) They must start the trial fresh (de novo).
B) They may act on the evidence recorded by their predecessor.
C) they cannot use any evidence recorded by the predecessor.
D) They must refer the case to the High Court. [46, S. 365]

Q10. During a trial, it appears from evidence that 'P', who is not an accused, has committed an offence for which he should be tried with the current accused. The Court should:
A) Order a separate trial for 'P' in a different Court.
B) Proceed against 'P' for the offence he appears to have committed.
C) Wait for the current trial to end before summoning 'P'.
D) Ignore the evidence as 'P' is not on the chargesheet. [45, S. 358]

Q11. When a registered society is an accused in an inquiry or trial, how may it appear under Section 342?
A) It must appear through its President only.
B) It may appoint a representative for the purpose of the inquiry or trial.
C) It cannot be tried under BNSS.
D) It must be represented by the District Magistrate. [43, S. 342]

Q12. If a Magistrate of the second class finds an accused guilty but believes they should be released on probation (S. 125) but lacks the power to do so, they shall:
A) Release them on probation anyway.
B) Sentence them to imprisonment.
C) Record their opinion and submit proceedings to the Chief Judicial Magistrate.
D) Acquit the accused. [46, S. 364]

Q13. What is the legal effect if a Public Prosecutor withdraws from the prosecution of an accused after the charge has been framed?
A) Discharge of the accused.
B) Stay of proceedings.
C) Acquittal of the accused.
D) Conviction of the accused. [45, S. 360]

Q14. In a trial for rape (Section 64 BNS), the inquiry or trial must be completed within what period from the date of filing the chargesheet?
A) Thirty days.
B) Two months.
C) Six months.
D) One year. [44, S. 346]

Q15. Why does Section 337 state that the "dismissal of a complaint" is not an acquittal for double jeopardy purposes?
A) Because it is a final verdict on the merits of the case.
B) To allow for refiling if the case was exited early on technical grounds.
C) To increase the number of trials for a single act.
D) To prevent the accused from ever being free. [42, S. 337 Explanation]

Q16. Under Section 351, why is no oath administered to the accused during their examination by the Court?
A) To make their statement a piece of substantive evidence.
B) To protect the accused's right against self-incrimination.
C) Because the accused is not a competent witness.
D) To allow the accused to lie without consequences. [44, S. 351]

Q17. What are the specific conditions to commence a trial against a proclaimed offender in their absence under Section 356?
A) Two consecutive warrants must have been issued with a 30-day interval.
B) A period of ninety days must have lapsed from the date of framing the charge.
C) Public notice in a national/local newspaper must be given.
D) All of the above. [45, S. 356]

Q18. How does Section 348 balance Court discretion regarding witnesses?
A) It makes all witness summoning purely optional.
B) It mandates summoning if the evidence is essential to a just decision.
C) It prohibits the Court from examining persons present but not summoned.
D) It only allows the prosecution to request witnesses. [44, S. 348]

Q19. How does Section 353 (Accused as competent witness) protect the right to silence?
A) By allowing the prosecution to comment on the accused's failure to testify.
B) By requiring a written request from the accused to testify.
C) By mandating that failure to testify shall not be the subject of any comment.
D) Both B and C. [44, S. 353]

Q20. What is the significance of the phrase "at any stage... before signing judgment" in Section 362 regarding committal?
A) It allows a Magistrate to transfer a case to the Sessions Court even mid-trial if it appears necessary.
B) it prevents any transfer once the evidence has begun.
C) it only applies to warrant-cases.
D) It allows the Sessions Judge to take over the trial without a committal order. [45, S. 362]

Answer Key

  1. A [S. 337]

  2. B [S. 346] — Statement I is false; remand is max 15 days at a time.

  3. C [S. 366]

  4. C [S. 341]

  5. A [ S. 349] — Statement II is false; arrest is not a strict precondition for the order.

  6. A [S. 352] — Statement II is false; adjournments for filing arguments are discretionary.

  7. B [S. 345]

  8. C [ S. 359 Table]

  9. B [ S. 365]

  10. B [ S. 358]

  11. B [S. 342]

  12. C [S. 364]

  13. C [S. 360]

  14. B [ S. 346]

  15. B [S. 337 Explanation]

  16. B [S. 351]

  17. D [S. 356]

  18. B [ S. 348]

  19. D [S. 353]

  20. A [ S. 362]

One-Line Revision Reckoner for Chapter XXVI

This "Trial Conduct Master-Sheet" provides a comprehensive and easy-to-follow ready reckoner for Chapter XXVI (Sections 337–366) of the BNSS, 2023.

This chapter establishes the fundamental rules and administrative powers governing the conduct of inquiries and trials.

 

1. Fundamental Rights and Principles

  • Double Jeopardy (S. 337): A person once convicted or acquitted cannot be tried again for the same offence or on the same facts for a different charge that could have been made.

    • Crucial Note: Dismissal of a complaint or discharge of the accused is not an acquittal for double jeopardy purposes.

  • Right to Defence (S. 340–341): Any person accused of an offence has a right to be defended by an advocate. If the accused lacks sufficient means in a Court of Session (or other notified courts), the Court shall assign an advocate at State expense.

  • Accused as Witness (S. 353): An accused is a competent witness for the defence and may give evidence on their own behalf if they request it in writing.

    • Protection: Failure to give evidence cannot be commented upon by any party or the Court.

 

2. Participation in Prosecution

  • Prosecution Control (S. 338–339): Public Prosecutors and Assistant PPs appear and plead without written authority. Other persons require the Magistrate’s permission to conduct a prosecution.

  • Corporations (S. 342): A corporation or registered society appears through an appointed representative.

  • Pardon to Accomplices (S. 343–345): To obtain evidence, a CJM or 1st Class Magistrate may tender a pardon on the condition of a full and true disclosure.

    • Breach of Pardon: If the Public Prosecutor certifies that the accomplice gave false evidence or concealed facts, they may be tried for the original offence plus the offence of giving false evidence.

 

3. Trial Efficiency and Adjournments (Section 346)

  • Day-to-Day Trial: Proceedings must continue daily until all witnesses in attendance are examined.

  • Adjournment Restrictions: The fact that an advocate is engaged in another Court is not a ground for adjournment.

  • Remand Limit: During an adjournment, a Court can remand an accused to custody for a maximum of fifteen days at a time.

  • Sexual Offence Deadline: Trials for specified sexual offences (e.g., rape) must be completed within two monthsfrom the date the chargesheet is filed.

 

4. Evidence and Examination Powers

  • Material Witnesses (S. 348): The Court has the power to summon or recall any person at any stage if their evidence is essential to a just decision.

  • Technical Evidence (S. 349): A 1st Class Magistrate can order any person (including the accused) to provide specimen signatures, handwriting, finger impressions, or voice samples for investigation.

  • Examination of Accused (S. 351): The Court may question the accused at any stage and shall question them generally after prosecution evidence ends to allow them to explain circumstances against them.

    • No Oath: No oath is administered for this specific examination, and the accused is not liable for refusing to answer or giving false answers.

  • Arguments (S. 352): Oral arguments must be concise. Parties must submit a memorandum of arguments before concluding oral arguments to form part of the record.

 

5. Special Trial Scenarios

  • Trials in Absentia (S. 356): (New BNSS Provision) If a proclaimed offender has absconded, the Court can proceed with the inquiry, trial, and judgment in their absence after ninety days from the date of framing the charge. The judgment has the same effect as if they were present.

  • Proceeding Against Others (S. 358): If evidence mid-trial suggests someone else is guilty, the Court may proceed against them and try them together with the current accused.

  • Compounding Offences (S. 359): Specified offences in the provided tables can be settled between parties. Composition of an offence has the effect of an acquittal.

  • Withdrawal (S. 360): A Public Prosecutor can withdraw from a case with Court consent.

    • If before charge: Discharge.

    • If after charge: Acquittal.

 

6. Administrative and Court Rules

  • Sentencing Limits (S. 364): If a Magistrate believes the accused is guilty but deserves a sentence severer than they are empowered to give, they must submit the proceedings to the Chief Judicial Magistrate.

  • Successor Magistrates (S. 365): A successor Judge or Magistrate can act on evidence recorded by their predecessor.

  • Open Court (S. 366): Criminal Courts are generally open to the public.

    • Mandatory In Camera: Trials for rape and specific sexual offences must be conducted in camera (private proceedings with access only to the parties of the case and no accesss to public in general) .

    • Woman Presiding: Such in-camera trials should be conducted by a woman Judge or Magistrate as far as practicable.

 

Quick Revision Tip: "The 3 Essentials of BNSS Updates"

  1. Voice Samples: Explicitly authorized under S. 349.

  2. Absentia Trials: Allowed for proclaimed offenders under S. 356.

  3. 2-Month Clock: Mandatory completion deadline for sexual offence trials under S. 346.

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