Chapter XXXIV Practice Questions – Statement and Situation Based

Q1. Consider the following statements regarding the execution of a death sentence:  

Statement I: When a death sentence is confirmed by the High Court, the Court of Session must issue a warrant to carry the order into effect.  

Statement II: If a sentence of death is passed by the High Court in an appeal, the High Court itself must issue the execution warrant.  

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  

Q2. Situation: A person is sentenced to death by the High Court. The convict intends to present a petition to the Supreme Court for the grant of special leave to appeal under Article 136. According to Section 455(3):  

A) The High Court may, in its discretion, refuse to stay the execution.  

B) The High Court shall order the execution to be postponed for a period it considers sufficient for the petition.  

C) The convict must be executed within 14 days regardless of the petition.  

D) Only the President of India can stay the execution in this scenario.  

Q3. Evaluate the following statement regarding pregnant women sentenced to death under Section 456:  

Statement: If a woman sentenced to death is found to be pregnant, the High Court has the discretionary power to either postpone the execution or commute it to life imprisonment.  

A) True  

B) False, the High Court “shall” commute the sentence to imprisonment for life  

C) True, but only with the Governor's consent  

D) False, she must be released on bail until the child is born  

Q4. Regarding the issuance of warrants for execution under Section 465:  

Statement I: A warrant for the execution of a sentence may be issued by the Judge or Magistrate who passed the sentence.  

Statement II: Such a warrant can also be issued by the successor-in-office of the Judge or Magistrate who passed the sentence.  

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  

Q5. Situation: A convict escapes from jail while serving a sentence of simple imprisonment. He is later caught and sentenced to rigorous imprisonment for the escape. According to Section 466(2):  

A) He must finish his original simple imprisonment before the new sentence begins.  

B) The new sentence of rigorous imprisonment (being severer in kind) shall take effect immediately.  

C) Both sentences shall run concurrently from the date of capture.  

D) The original sentence is automatically cancelled upon escape.  

Q6. Consider the following regarding consecutive sentences under Section 467:  

Statement: When a person already undergoing imprisonment is sentenced on a subsequent conviction to a new term of imprisonment, the new imprisonment shall commence at the expiration of the previous term unless the Court directs that they run concurrently.  

A) True  

B) False, they must always run concurrently  

C) True, but only if the second offence is more serious  

D) False, the second sentence is served first  

Q7. Problem: “A” was in detention for 6 months during the investigation and trial of his case. He is eventually convicted and sentenced to 2 years of imprisonment. Under Section 468:  

A) He must serve the full 2 years from the date of conviction.  

B) The 6 months of pre-conviction detention shall be set off against the 2-year term.  

C) Pre-conviction detention is only set off if the accused is a first-time offender.  

D) The 6 months are added to his total sentence as a penalty for the trial delay.  

Q8. Evaluate the methods for the levy of a fine under Section 461:  

Statement I: A Court may issue a warrant for the attachment and sale of any movable property belonging to the offender.  

Statement II: A Court may issue a warrant to the Collector of the district authorising him to realise the fine as arrears of land revenue.  

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  

Q9. Situation: A convict’s appeal against a death sentence is dismissed by the Supreme Court. According to Section 472, within how many days may he or his legal heir file a mercy petition before the President or Governor?  

A) Seven days  

B) Fifteen days  

C) Thirty days  

D) Sixty days  

Q10. Regarding the recommendation process for mercy petitions under Section 472(4):  

Statement: Upon receiving a mercy petition, the Central Government shall seek comments from the State Government and make recommendations to the President within sixty days.  

A) True  

B) False, the timeline is ninety days  

C) True, but only if the crime was committed in a Union Territory  

D) False, the State Government makes recommendations directly to the President  

Q11. Consider the powers of commutation under Section 474:  

Statement I: The appropriate Government may commute a sentence of death for any other punishment provided by the BNS.  

Statement II: The appropriate Government may commute a sentence of rigorous imprisonment to simple imprisonment.  

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  

Q12. Situation: A person is sentenced to life imprisonment for an offence that also carries the death penalty. According to Section 475, when can the Government order his release via remission?  

A) After he has served at least seven years.  

B) After he has served at least ten years.  

C) Not until he has served at least fourteen years of imprisonment.  

D) Remission is never possible for offences carrying the death penalty.  

Q13. Regarding the definition of “appropriate Government” for suspension/remission under Section 473(7):  

Statement: In cases involving an offence against a law to which the executive power of the Union extends, the Central Government is the appropriate Government.  

A) True  

B) False, it is always the State Government where the trial was held  

C) True, but only if the accused is a central government employee  

D) False, the High Court determines which Government is appropriate  

Q14. Situation: The Government suspends a sentence on the condition that the convict remains in a specific district. The convict is found outside that district. Under Section 473(3):  

A) The suspension is automatically extended by one year.  

B) The Government may cancel the suspension, and the person may be arrested without warrant.  

C) The convict must be given a fresh trial for the breach.  

D) The condition is deemed unenforceable if the convict was visiting family.  

Q15. Evaluate the requirement of “concurrence” under Section 477:  

Statement: If an offence was investigated by a Central Agency (like the CBI), the State Government cannot remit the sentence without the concurrence of the Central Government.  

A) True  

B) False, the State Government has absolute power over all prisoners in its jails  

C) True, but only if the fine exceeds one lakh rupees  

D) False, the Central Government must seek the State’s concurrence  

Q16. Under Section 471, money (other than a fine) ordered to be paid by a Court (such as costs or compensation) shall be recoverable:  

A) Only as a civil debt through a Civil Court.  

B) As if it were a fine.  

C) Only if the convict has a bank account.  

D) By the District Magistrate personally.  

Q17. Regarding the concurrent powers of the Central Government in death cases (Section 476):  

Statement: The Central Government may exercise the powers of suspension or remission in death sentence cases even if the State Government has already rejected the petition.  

A) True  

B) False, the Central Government can only act if the State Government recommends it  

C) True, but only if the Supreme Court permits  

D) False, only the President has this power, not the Central Government  

Q18. Consider the suspension of imprisonment in default of fine under Section 464:  

Statement: If an offender is sentenced to a fine and imprisonment in default, the Court may suspend the execution of the imprisonment if the offender executes a bond to pay the fine within 30 days.  

A) True  

B) False, the fine must be paid instantly or the default sentence begins  

C) True, but only if the fine is less than five thousand rupees  

D) False, the Court can only suspend the sentence if the offender is sick  

Q19. Under Section 460, the warrant for the execution of a sentence of imprisonment shall be lodged with:  

A) The District Magistrate  

B) The Public Prosecutor  

C) The officer in charge of the jail or place where the convict is to be confined  

D) The High Court Registrar  

Q20. Regarding the finality of mercy petition decisions under Section 472(7):  

Statement: A decision made by the President or the Governor on a mercy petition is final and cannot be inquired into by any Court.  

A) True  

B) False, it can be appealed to the High Court  

C) False, it is subject to a mandatory review by the Supreme Court  

D) True, but only if the decision is made within 30 days.  

Answer Key  

Q1 – A  

Q2 – B  

Q3 – B  

Q4 – C  

Q5 – B  

Q6 – A  

Q7 – B  

Q8 – C  

Q9 – C  

Q10 – A  

Q11 – C  

Q12 – C  

Q13 – A  

Q14 – B  

Q15 – A  

Q16 – B  

Q17 – A  

Q18 – A  

Q19 – C  

Q20 – A  

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