Based on Chapter VII (Processes to Compel the Production of Things) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 40 comprehensive preliminary examination questions designed to test memory, logic, and analytical skills.

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I. Memory-Based Questions

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1. Under Section 94, who is empowered to issue a written order for the production of a document or thing?

A) Any police officer

B) Only an officer in charge of a police station (SHO)

C) Only a Gazetted Officer

D) Any Magistrate

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2. Which section of the BNSS specifically includes "communication devices likely to contain digital evidence" in the scope of summons to produce?

A) Section 91 B) Section 94 C) Section 105 D) Section 107

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3. According to Section 95, which authorities can require the postal authority to deliver a document, parcel, or thing?

A) Any Judicial Magistrate B) Only the District Magistrate or Chief Judicial Magistrate C) Only the Court of Session or High Court D) Both B and C

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4. What is the limitation period under Section 99 to apply to the High Court to set aside a declaration of forfeiture of a publication?

A) Thirty days B) Sixty days C) Two months D) Six months

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5. Under Section 97, which rank of police officer can be authorized by a warrant to search a place suspected of containing stolen property?

A) Any police officer B) An officer not below the rank of Sub-Inspector C) An officer above the rank of constable D) Only an Inspector

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6. A Special Bench of the High Court constituted under Section 99 to hear a forfeiture application must consist of how many Judges if the High Court has three or more Judges?

A) Two Judges B) Three Judges C) Five Judges D) All the Judges of that High Court

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7. Under Section 101, which of the following Magistrates is NOT mentioned as having the power to compel the restoration of abducted females?

A) District Magistrate B) Sub-divisional Magistrate C) Magistrate of the first class D) Executive Magistrate specially empowered by the State Government

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8. According to Section 105, recordings of search and seizure must be forwarded to the Magistrate:

A) Within 24 hours B) Within 48 hours C) Without delay D) Only upon the filing of the chargesheet

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9. Under Section 107, the District Magistrate must distribute the proceeds of crime within _____ of receiving the Court's order.

A) Thirty days B) Sixty days C) Ninety days D) Six months

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10. Which section empowers a Court to "impound" any document or thing produced before it?

A) Section 105 B) Section 108 C) Section 109 D) Section 110

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II. Statement-Based Questions

11. Consider the following statements regarding Section 94 (Summons to produce):

• Statement I: A person complies with the summons if they cause the document to be produced without attending personally.

• Statement II: Section 94 applies to documents in the custody of postal authorities.

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• Which is correct? A) Only I B) Only II C) Both I and II D) Neither I nor II

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12. Evaluate these statements concerning Search-warrants (Section 96):

• Statement I: A Magistrate other than a DM or CJM cannot issue a warrant to search for a document in the custody of postal authorities.

• Statement II: A search-warrant can be issued if the Court considers that the purposes of an inquiry will be served by a general search.

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• Which is correct? A) Only I B) Only II C) Both I and II D) Neither I nor II

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13. Regarding the forfeiture of publications under Section 98:

• Statement I: The State Government must state the grounds of its opinion in the notification of forfeiture.

• Statement II: Any Magistrate can authorize a police officer of any rank to search for such forfeited publications.

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• Which is correct? A) Only I B) Only II C) Both I and II D) Neither I nor II

[Note: Only a police officer not below Sub-Inspector can be authorized.]

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14. Consider the following regarding the newly inserted Section 105:

• Statement I: The recording of search and seizure through audio-video electronic means is mandatory.

• Statement II: The use of a mobile phone for such recording is explicitly suggested in the statute.

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• Which is correct? A) Only I B) Only II C) Both I and II D) Neither I nor II

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15. Regarding the attachment of property under Section 107:

• Statement I: A police officer needs the approval of the SP or Commissioner of Police to apply for attachment.

• Statement II: The application for attachment is made to the District Magistrate.

• Which is correct? A) Only I B) Only II C) Both I and II D) Neither I nor II [Note: Application is made to the Court/Magistrate exercising jurisdiction.]

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16. Evaluate these statements on Section 103 (Closed place search):

• Statement I: The occupant of the place is permitted to attend during the search in every instance.

• Statement II: A witness who refuses to attend a search when called by a written order commits an offence.

• Which is correct? A) Only I B) Only II C) Both I and II D) Neither I nor II

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17. Regarding "Reciprocal arrangements" under Section 110:

• Statement I: An Indian Court can send a search-warrant to a "contracting State" outside India.

• Statement II: Things found in a search in a contracting State are forwarded directly to the Indian Ministry of Home Affairs. Which is correct? A) Only I B) Only II C) Both I and II D) Neither I nor II [Note: Forwarded to the issuing Court.]

18. Statements regarding the search for persons wrongfully confined (Section 100):

• Statement I: If the person is found, they must be immediately taken before a Magistrate.

• Statement II: The Magistrate shall then make such order as in the circumstances seems proper.

• Which is correct? A) Only I B) Only II C) Both I and II D) Neither I nor II

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19. Statements on the disposal of things found beyond jurisdiction (Section 104):

• Statement I: Things found must be taken to the Court that issued the warrant unless the place of search is nearer to a local Magistrate.

• Statement II: The local Magistrate must always keep the things in their own custody. 

• Which is correct? A) Only I B) Only II C) Both I and II D) Neither I nor II

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20. Statements on Section 106 (Seizure of property):

• Statement I: A police officer can seize property suspected to be stolen even if it is not in the possession of the accused.

• Statement II: The police officer has the inherent power to attach and seal immovable property under this section.

• Which is correct? A) Only I B) Only II C) Both I and II D) Neither I nor II [Note: Case law in sources clarifies that S.106 does not include power to seal immovable property.]

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III. True or False & Understanding Based

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21. True or False: Under Section 94, a Court can require a person to produce a communication device even if it is not currently in their possession.

[False - Summons is for the person in whose "possession or power" it is believed to be.]

22. True or False: A search-warrant issued under Section 97 is valid only if the place to be searched is a building.

[False - "Place" includes houses, tents, vehicles, and vessels.]

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23. True or False: In an inquiry into a public right denial under Section 156, the Magistrate stays proceedings if reliable evidence of the right exists. [True]

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24. True or False: Under Section 105, signatures of witnesses on the seizure list must also be recorded through audio-video electronic means. [True]

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25. True or False: If property derived from crime has no claimants, it stands forfeited to the Central Government under Section 107. [False - It stands forfeited to the "Government" generally (S.107(8)).]

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26. Understanding: The term "property" in Section 497 includes documents produced before the Court. [True - (S.497(1) Explanation).]

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27. Understanding: A Magistrate can direct a search in their presence only if they are competent to issue a search-warrant for that place. [True - (S.108).]

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28. Understanding: A Judicial Magistrate of the second class has the power to issue a search-warrant for stolen property under Section 97. [False - Power is limited to DM, SDM, or JM1.]

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29. Understanding: Section 94(3) protects documents covered by the Bankers' Books Evidence Act, 1891 from a simple summons to produce. [True]

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30. Understanding: Under Section 103(3), if a woman is suspected of concealing an article on her person, she may be searched by a male officer in the presence of a female witness. [False - Search must be made by another female with strict regard to decency.]

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IV. Practical Problems & Reasoning Based

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31. Problem: An SHO receives information that an encrypted laptop containing evidence of a terror plot is in 'A's house. 'A' refuses to show it. Can the SHO issue an order to 'A' to produce it?

A) No, only a Court can issue such a summons. B) Yes, under Section 210, the SHO has the power. C) Yes, under Section 94, the SHO can issue a written order in electronic form. D) No, because it is an electronic device.

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32. Reason (R): A general search-warrant is issued when the Court doesn't know who has the document. Assertion (A): General search-warrants are a last resort to facilitate inquiry or trial.

A) Both A and R are true, and R explains A. B) Both A and R are true, but R is not the explanation. C) A is true, R is false. D) A is false, R is true.

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33. Problem: A State Government declares a book forfeited. 'X', a researcher, claims the book is purely academic and not seditious. Where should 'X' go?

A) The District Magistrate. B) The Supreme Court of India. C) The High Court, within 2 months. D) The State Home Department.

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34. Reason (R): Recording of search and seizure prevents allegations of evidence planting and ensures procedural integrity.

Assertion (A): Section 105 makes audio-video recording of the process mandatory.

A) Both A and R are true, and R explains A. B) Both A and R are true, but R is not the explanation. C) A is true, R is false. D) A is false, R is true.

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35. Problem: During a search of a closed godown, the police officer refuses to allow the owner’s manager to stay in the godown while they search. Is this legal?

A) Yes, if the officer suspects the manager will interfere. B) No, Section 103(6) mandates the occupant or their representative be permitted to attend. C) Yes, attendance is only allowed after the search is over. D) No, but only if the manager is a woman.

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36. Reason (R): "Proceeds of crime" refers only to cash obtained from an offence.

Assertion (A): Section 111 provides a broad definition of proceeds of crime including value of property derived from criminal activity.

A) A is true, R is false. B) A is false, R is true. C) Both are false. D) Both are true.

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37. Problem: Property worth ₹8,000 is seized. It is a crate of ripe mangoes. The owner cannot be found. What can the Magistrate do?

A) Must wait 6 months for a claimant. B) May order immediate sale because it is perishable and worth less than ₹10,000. C) Must donate it to a local charity. D) Must preserve it in a cold storage.

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38. Reason (R): The High Court has inherent powers to prevent abuse of the process of any Court.

Assertion (A): The High Court can use Section 528 to quash an FIR if the allegations do not constitute an offence.

A) Both A and R are true, and R explains A. B) Both A and R are true, but R is not the explanation. C) A is true, R is false. D) A is false, R is true.

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39. Problem: A police officer seizes a bank account under Section 106. The account holder challenges this, saying a bank account is not "property" under this section. What is the legal position?

A) The holder is correct; property means physical objects. B) The holder is incorrect; case law (Teesta Atul Setalvad) confirms bank accounts are "property" under this section. C) The officer can only seize it if it contains more than ₹10 lakh. D) Only a Magistrate can seize a bank account.

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40. Reason (R): The BNSS has streamlined the magisterial system and incorporated technology to ensure speedy justice.

Assertion (A): The introduction of mandatory electronic recording of searches is a citizen-centric reform. A) Both A and R are true, and R explains A. B) Both A and R are true, but R is not the explanation. C) A is true, R is false. D) A is false, R is true.

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Answer Key

1-B, 2-B, 3-D, 4-C, 5-C, 6-B, 7-D, 8-C, 9-B, 10-C, 11-A, 12-C, 13-A, 14-C, 15-A, 16-C, 17-A, 18-C, 19-A, 20-A, 21-False, 22-False, 23-True, 24-True, 25-False, 26-True, 27-True, 28-False, 29-True, 30-False, 31-C, 32-A, 33-C, 34-A, 35-B, 36-B, 37-B, 38-A, 39-B, 40-A.

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