MISCELLANEOUS

CHAPTER XXXIX

520. Trials before High Courts

521. Delivery to commanding officers of persons liable to be tried by Court-martial

522. Forms

523. Power of High Court to make rules

524. Power to alter functions allocated to Executive Magistrate in certain cases

525. Cases in which Judge or Magistrate is personally interested

526. Practising advocate not to sit as Magistrate in certain Courts

527. Public servant concerned in sale not to purchase or bid for property

528. Saving of inherent powers of High Court

529. Duty of High Court to exercise continuous superintendence over Courts

530. Trial and proceedings to be held in electronic mode

531. Repeal and savings

A. basic Prelims questions with answer

B. Statement based prelims q& a

C. Ready Reckoner

Based on Chapter XXXIX (Miscellaneous) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are the 30 preliminary examination questions answer key.

Chapter XXXIX: Miscellaneous (Sections 520–531)

Q1. Under Section 520, which procedural standard must a High Court follow when trying an offence (other than under Section 447)?

A) The procedure of a Court of Magistrate
B) The procedure of a Court of Session
C) A summary trial procedure
D) A specialized procedure determined by the Chief Justice

Q2. Who is empowered to make rules regarding the delivery of persons liable to be tried by a Court-martial to their commanding officers under Section 521(1)?

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

Q3. Under Section 521(1), when a person is brought before a Magistrate for a Court-martial trial, what must the Magistrate deliver along with the person to the commanding officer?

A) A copy of the FIR
B) A statement of the offence of which he is accused
C) The entire case diary
D) A warrant of acquittal

Q4. According to Section 522, the forms set forth in which Schedule of the BNSS shall be deemed sufficient when used with necessary variations?

A) First Schedule
B) Second Schedule
C) Third Schedule
D) Fourth Schedule

Q5. Section 523 empowers a High Court to make rules regarding petition-writers. Whose previous approval is mandatory for such rules?

A) The Supreme Court
B) The Governor of the State
C) The State Government
D) The Central Government

Q6. Under Section 523(1)(b), the High Court may make rules for the __________ of its own records and those of subordinate Courts.

A) Destruction
B) Public auction
C) Mandatory digitization
D) Transfer to State Archives

Q7. Which section allows the State Government to alter the functions allocated to an Executive Magistrate via notification?

A) Section 520
B) Section 524
C) Section 526
D) Section 529

Q8. Under Section 525, a Judge or Magistrate is prohibited from trying or hearing an appeal in any case in which he is a:

A) Witness
B) Party or personally interested
C) Relative of the Public Prosecutor
D) Former advocate of the victim

Q9. (Logic Check) According to the Explanation to Section 525, does a Magistrate become "personally interested" simply by viewing the place where an offence is alleged to have occurred?

A) Yes, it creates bias
B) No, if done in a public capacity
C) Only if the accused objects
D) Only in cases involving property disputes

Q10. Section 526 prohibits a practising advocate from sitting as a Magistrate in which specific Courts?

A) Any Court in India
B) Only High Courts
C) The Court where he practices or any Court within its local jurisdiction
D) Only Executive Magistrate Courts

Q11. Under Section 527, which individual is strictly prohibited from purchasing or bidding for property in a sale held under the Sanhita?

A) Any person with a criminal record
B) A public servant having a duty in connection with the sale
C) The victim of the offence
D) Relatives of the accused

Q12. Section 528 of the BNSS saves the "inherent powers" of which specific Court?

A) All Criminal Courts
B) Courts of Session
C) Only the High Court
D) Only the Supreme Court

Q13. For which of the following purposes can the inherent powers under Section 528 be exercised?

A) To overrule a Supreme Court judgment
B) To prevent abuse of the process of any Court or to secure the ends of justice
C) To bypass the mandatory 24-hour arrest rule
D) To grant a pardon to a repeat offender

Q14. (Case Law Note) According to Narayan Prasad v. State of Bihar, can a High Court use Section 528 to review or alter its own signed judgment?

A) Yes, if the sentence was wrong
B) No, the prohibition under Section 403 is absolute
C) Only if requested by the State Government
D) Only in death sentence cases

Q15. Section 529 mandates that every High Court shall exercise __________ over the Courts of Session and Judicial Magistrates subordinate to it.

A) Temporary supervision
B) Continuous superintendence
C) Financial control
D) Legislative oversight

Q16. Which newly inserted section in Chapter 39 envisages that all trials and proceedings may be held in electronic mode?

A) Section 522
B) Section 528
C) Section 530
D) Section 531

Q17. Under Section 530, which of the following processes can be held via electronic communication or audio-video means?

A) Issuance and service of summons
B) Examination of complainants and witnesses
C) Recording of evidence in inquiries and trials
D) All of the above

Q18. According to Section 531(1), which specific Act is repealed by the BNSS, 2023?

A) The Indian Penal Code, 1860
B) The Code of Criminal Procedure, 1973
C) The Indian Evidence Act, 1872
D) The Police Act, 1861

Q19. If an appeal or investigation is pending immediately before the BNSS comes into force, how shall it be disposed of under Section 531(2)(a)?

A) In accordance with BNSS, 2023
B) In accordance with CrPC, 1973
C) It shall be stayed indefinitely
D) It shall be transferred to a Special Court

Q20. Under Section 531(2)(b), notifications published and appointments made under the old Code (CrPC, 1973) are:

A) Automatically cancelled
B) Deemed to have been made under the corresponding provisions of BNSS
C) Valid for only six months
D) Subject to mandatory re-confirmation by the Governor

Q21. If a sanction was accorded under the CrPC 1973 but no proceeding was commenced, how is it treated under Section 531(2)(c)?

A) It becomes void
B) It is deemed to have been accorded under the corresponding provision of BNSS
C) It must be re-applied for within 30 days
D) It only applies to non-cognizable offences

Q22. Can a proceeding be commenced under the BNSS if the limitation period for that application under the 1973 Code had already expired before the BNSS commenced?

A) Yes, BNSS provides longer periods
B) No, as per Section 531(3)
C) Only with High Court permission
D) Only in cases against the State

Q23. For the purposes of Section 521, "unit" includes which of the following?

A) A regiment or battalion
B) A ship or detachment
C) A corps or group
D) All of the above

Q24. (Statement Based) Consider the following regarding Section 521:

Statement I: A High Court may direct a prisoner in jail to be brought before a Court-martial for trial.

Statement II: A Magistrate can only deliver a person to a commanding officer upon a written application.

A) Only Statement I is correct
B) Only Statement II is correct
C) Both are correct
D) Neither is correct

Q25. (Tech Nuance) Under Section 530, if an accused in custody is examined through electronic communication, their signature shall be taken within how many hours?

A) Twenty-four hours
B) Forty-eight hours
C) Seventy-two hours
D) One week

Q26. Under Section 525, a Judge is not deemed to be "personally interested" if he is concerned in a case in which capacity?

A) Private capacity
B) Public capacity
C) Financial capacity
D) Capacity as a relative

Q27. The power of a High Court to make rules under Section 523 is subject to which constitutional power?

A) Article 21
B) Article 226
C) Article 227
D) Article 311

Q28. (Inherent Powers Limitation) High Court's inherent power under Section 528 cannot be used to:

A) Quash an FIR lacking any triable allegations
B) Secure the ends of justice
C) Re-appreciate evidence minutely during a petition for quashing
D) Prevent abuse of process

Q29. According to Section 531(2)(b), which type of appointment made under the old Code is EXPLICITLY excluded from being deemed as made under the BNSS?

A) Public Prosecutors
B) Additional Sessions Judges
C) Special Magistrates
D) High Court Registrar

Q30. Section 529 ensures the superintendence of High Courts over subordinate Courts to specifically ensure:

A) Higher conviction rates
B) Expeditious and proper disposal of cases
C) Increased fine collection
D) Reduction in the number of appeals

Answer Key

Q1. B (S. 520)
Q2. C (S. 521)
Q3. B (S. 521)
Q4. B (S. 522)
Q5. C (S. 523)
Q6. A (S. 523)
Q7. B (S. 524)
Q8. B (S. 525)
Q9. B (S. 525 Explanation)
Q10. C (S. 526)
Q11. B (S. 527)
Q12. C (S. 528)
Q13. B (S. 528)
Q14. B (S. 403 context in S. 528 notes)
Q15. B (S. 529)
Q16. C (S. 530)
Q17. D (S. 530)
Q18. B (S. 531)
Q19. B (S. 531(2)(a))
Q20. B (S. 531(2)(b))
Q21. B (S. 531(2)(c))
Q22. B (S. 531(3))
Q23. D (S. 521 Explanation)
Q24. C (S. 521(2)-(3))
Q25. C (S. 316(4) Proviso applied via S. 530)
Q26. B (S. 525 Explanation)
Q27. C (S. 522/523 context)
Q28. C (S. 528 Notes)
Q29. C (S. 531(2)(b))
Q30. B (S. 529)

Based on Chapter XXXIX (Miscellaneous) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 20 statement and situation-based preliminary questions with answers in the end.

Q1. Consider the following statements regarding trials before High Courts under Section 520:
Statement I: When a High Court tries an offence (other than those relating to contempt), it must observe the same procedure as a Court of Magistrate.
Statement II: The High Court is bound to follow the procedure that a Court of Session would observe if it were trying the case.
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. Problem: A person subject to military law is brought before a Magistrate charged with an offence. The commanding officer of the person\'s unit makes a written application for his delivery. According to Section 521:
Statement I: The Magistrate is bound to use his utmost endeavours to apprehend and secure the person.
Statement II: The Magistrate shall deliver the person to the commanding officer together with a statement of the offence of which he is accused.
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

Q3. Regarding the use of legal forms under Section 522:
Statement I: The forms set forth in the Second Schedule are deemed sufficient only if used without any variation.
Statement II: These forms may be used with such variations as the circumstances of each case require and shall be deemed sufficient.
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

Q4. Evaluate the following statements regarding the High Court\'s power to make rules under Section 523:
Statement I: The High Court may make rules for the destruction of its own records and those of subordinate Courts.
Statement II: Such rules require the previous approval of the State Government.
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. Problem: A Magistrate conducts a local inspection of a crime scene in his public capacity to better understand the evidence. Later, the accused objects to the Magistrate hearing the case, citing "personal interest." According to the Explanation to Section 525:
A) The Magistrate is deemed "personally interested" because he viewed the place.
B) The Magistrate is not deemed "personally interested" merely because he has viewed the place in a public capacity.
C) The Magistrate must transfer the case to another district immediately.
D) The local inspection renders the entire trial void.

Q6. Regarding the restrictions on Judges and Magistrates under Section 525:
Statement I: No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies, try any case to which he is a party or in which he is personally interested.
Statement II: A Judge is permitted to hear an appeal from any judgment passed by himself if he was acting as a substitute at the time.
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

Q7. Problem: An advocate has an active practice in the Court of a specific Judicial Magistrate. Under Section 526, can this advocate sit as a Magistrate in that same Court?
A) Yes, if he is appointed by the High Court.
B) No, no advocate who practices in the Court of any Magistrate shall sit as a Magistrate in that Court or any Court within its local jurisdiction.
C) Only if he stops practicing for a period of six months prior to the appointment.
D) Yes, but only for civil matters.

Q8. Consider the following regarding the sale of property under Section 527:
Statement I: A public servant having a duty to perform in connection with the sale of property under the Sanhita is strictly prohibited from purchasing the property.
Statement II: This prohibition also extends to bidding for the property.
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. Regarding the "Inherent Powers" of the High Court under Section 528:
Statement I: These powers are saved to prevent the abuse of the process of any Court or otherwise to secure the ends of justice.
Statement II: These powers allow the High Court to review or alter its own signed judgment, bypassing the bar in Section 403.
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

Q10. Problem: A High Court wishes to ensure that its subordinate Courts are disposing of cases expeditiously and properly. Under Section 529, what is the nature of the High Court\'s duty?
A) The High Court has no duty over the administration of subordinate Courts.
B) The High Court shall exercise continuous superintendence over the Courts of Session and Judicial Magistrates subordinate to it.
C) The High Court only supervises the Courts when an appeal is filed.
D) The High Court can only intervene if requested by the State Government.

Q11. Evaluate these statements regarding the use of technology under Section 530:
Statement I: All trials, inquiries, and proceedings under the BNSS may be held in electronic mode.
Statement II: This includes the issuance, service, and execution of summons and warrants, as well as the recording of evidence.
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. Problem: An investigation is pending immediately before the BNSS comes into force. How must this investigation be handled according to Section 531?
A) It must be restarted under the provisions of the BNSS.
B) It shall be disposed of, continued, held, or made in accordance with the provisions of the Code of Criminal Procedure, 1973.
C) It must be transferred to a Special Magistrate appointed under the BNSS.
D) It is automatically cancelled unless the State Government issues a notification.

Q13. Regarding the transition from the old Code to the new Sanhita under Section 531:
Statement I: Notifications published and appointments made under the 1973 Code are deemed to have been made under the corresponding provisions of the BNSS.
Statement II: This "deeming" provision applies to appointments as Special Magistrates made under the old Code.
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

Q14. Problem: A sanction for prosecution was accorded under the CrPC, 1973, but no proceeding was commenced before the BNSS started. Under Section 531(2)(c):
A) The sanction becomes invalid.
B) A fresh sanction must be obtained from the District Magistrate.
C) The sanction shall be deemed to have been accorded under the corresponding provision of the BNSS, and proceedings may be commenced.
D) The sanction only remains valid for 30 days after the commencement of the BNSS.

Q15. Consider the limitation for commencement of proceedings under Section 531(3):
Statement I: No proceeding can be commenced under the BNSS if the limitation period for it under the 1973 Code had already expired before the BNSS commenced.
Statement II: The BNSS automatically extends all limitation periods from the old Code by six months.
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

Q16. Situation: An accused person in custody is examined through electronic communication under Section 530. According to the procedural cross-reference (S. 316), within what time frame must his signature be taken?
A) Immediately
B) Within twenty-four hours
C) Within seventy-two hours
D) Within one week

Q17. Under Section 521, which of the following is included in the definition of a military "unit"?
A) A regiment or battalion
B) A ship or detachment
C) A corps or group
D) All of the above

Q18. Regarding the power of the State Government to alter functions under Section 524:
Statement I: The State Government may, by notification, direct that the functions of a Magistrate shall be performed by an Executive Magistrate in certain cases.
Statement II: This power can be exercised after consultation with the High Court.
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

Q19. Problem: A High Court makes rules regarding petition-writers. For these rules to be valid under Section 523, whose previous approval is required?
A) The Supreme Court of India
B) The State Government
C) The Central Government
D) The Governor of the State

Q20. Logic Check: According to Section 531, which specific Act is officially repealed by the BNSS, 2023?
A) The Indian Penal Code, 1860
B) The Indian Evidence Act, 1872
C) The Code of Criminal Procedure, 1973
D) The Police Act, 1861

Answer Key:
Q1 – B
Q2 – C
Q3 – B
Q4 – C
Q5 – B
Q6 – A
Q7 – B
Q8 – C
Q9 – A
Q10 – B
Q11 – C
Q12 – B
Q13 – A
Q14 – C
Q15 – A
Q16 – C
Q17 – D
Q18 – C
Q19 – B
Q20 – C

One-Line Revision Reckoner for Chapter XXXIX

This "Miscellaneous Provisions Ready Reckoner" provides a comprehensive and accurate guide to Chapter XXXIX (Sections 520–531) of the BNSS, 2023. This chapter covers the inherent powers of the High Court, the transition from the old Code (CrPC), and the implementation of modern technology in the legal process.

1. Judicial Procedures and Rules (Sections 520–523)

High Court Trials: When a High Court tries an offence (other than for contempt), it must follow the procedure observed by a Court of Session.
Court-Martial Delivery: Magistrates are empowered to deliver persons liable to be tried by a Court-martial to their commanding officers along with a statement of the offence.
Standard Forms: The forms set forth in the Second Schedule of the BNSS are deemed sufficient and may be used with necessary variations based on the case circumstances.
High Court Rule-Making: Every High Court may, with the previous approval of the State Government, make rules regarding petition-writers and the destruction of its own or subordinate court records.

2. Restrictions on Judges and Magistrates (Sections 525–527)

Personal Interest: No Judge or Magistrate shall try a case to which they are a party or in which they are personally interested without permission from the appellate court.
- Nuance: Viewing a scene of an offence in a public capacity does not constitute being "personally interested".
Practising Advocates: No advocate who practices in the Court of any Magistrate shall sit as a Magistrate in that specific Court or any Court within its local jurisdiction.
Property Bidding: Any public servant with a duty connected to a property sale under the Sanhita is strictly prohibited from purchasing or bidding for that property.

3. Inherent Powers and Superintendence (Sections 528–529)

Saving of Inherent Powers (S. 528): The High Court retains inherent powers to make orders necessary to:
- Give effect to any order under the Sanhita.
- Prevent abuse of the process of any Court.
- Secure the ends of justice.
Note: These powers cannot be used to review or alter a signed judgment, as the prohibition in Section 403 is absolute.
Continuous Superintendence (S. 529): The High Court must exercise continuous superintendence over Courts of Session and Judicial Magistrates to ensure the expeditious and proper disposal of cases.

4. The Electronic Mandate (Section 530)

Modernization: This new provision mandates that all trials, inquiries, and proceedings may be held in electronic mode.
Scope of Electronic Use:
- Issuance, service, and execution of summons and warrants.
- Examination of complainants and witnesses.
- Recording of evidence in inquiries and trials.
- All appellate or other proceedings.

5. Repeal and Transition Rules (Section 531)

Repeal: The Code of Criminal Procedure, 1973, is officially repealed.
Pending Cases: Any appeal, application, trial, inquiry, or investigation pending immediately before the BNSS commencement shall be disposed of in accordance with the CrPC, 1973, as if the BNSS had not come into force.
Deeming Clause: Notifications, appointments (except Special Magistrates), and sentences made under the old Code are deemed to have been made under the corresponding provisions of the BNSS.
Sanctions: Sanctions or consents given under the old Code where no proceeding had yet commenced are deemed valid under the BNSS.
Limitation: The BNSS does not extend limitation periods that had already expired under the old Code before the BNSS commenced.

Quick Revision Tip:
"The Digital and Legacy Bridge" Chapter 39 serves as the bridge between the past and the future. Section 530 brings the entire trial process into the digital age (electronic mode), while Section 531 ensures that existing "legacy" cases are not disrupted by the new law and continue to follow the 1973 Code.