CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
CHAPTER XV
210. Cognizance of offences by Magistrate
211. Transfer on application of accused
212. Making over of cases to Magistrates
213. Cognizance of offences by Court of Session
214. Additional Sessions Judges to try cases made over to them
215. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
216. Procedure for witnesses in case of threatening, etc
217. Prosecution for offences against State and for criminal conspiracy to commit such offence
218. Prosecution of Judges and public servants
219. Prosecution for offences against marriage
220. Prosecution of offences under Section 85 of Bharatiya Nyaya Sanhita, 2023
221. Cognizance of offence
222. Prosecution for defamation
Based on Chapter XV (Conditions Requisite for Initiation of Proceedings) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 30 smart preliminary-style questions.
This set includes memory-based, statement-based, reasoning, and problem-solving questions to test your depth of understanding.
BNSS Chapter XV: Smart Prelims Practice Set
I. Cognizance & Transfer (Sections 210–214)
1. Under Section 210, a Magistrate of the second class can take cognizance of an offence only if:
A) The High Court specially empowers them.
B) The Chief Judicial Magistrate specially empowers them.
C) The State Government issues a notification.
D) The Session Judge gives a written order.
2. In which of the following modes can a Magistrate take cognizance of an offence under Section 210?
A) Upon receiving a complaint of facts.
B) Upon a police report (including electronic mode).
C) Upon his own knowledge that such offence has been committed.
D) All of the above.
3. According to Section 211, when a Magistrate takes cognizance on his own knowledge (S. 210(1)(c)), what is the mandatory right of the accused before any evidence is taken?
A) Right to be represented by a Senior Advocate.
B) Right to have the case transferred to another Magistrate.
C) Right to be discharged immediately.
D) Right to a summary trial.
4. A Chief Judicial Magistrate, after taking cognizance of an offence, may make over the case for inquiry or trial to:
A) Any Executive Magistrate in the district.
B) Any competent Judicial Magistrate subordinate to him.
C) Only a Magistrate of the first class.
D) The Court of Session directly.
5. Under Section 213, a Court of Session can take cognizance of an offence as a Court of original jurisdiction:
A) Only if the case has been committed to it by a Magistrate.
B) In all cognizable cases.
C) Only if the High Court directs it.
D) Only if the District Magistrate requests it.
II. Contempt & Public Justice (Section 215)
6. Section 215(1)(a) bars a Court from taking cognizance of contempt of lawful authority of public servants (BNS Sections 206–223) EXCEPT upon:
A) An FIR registered by a witness.
B) A complaint in writing by the public servant concerned or their administrative superior.
C) A report from the Superintendent of Police.
D) A direction from the High Court.
7. Regarding Section 215, who has the power to order the withdrawal of a complaint filed by a public servant?
A) The Chief Judicial Magistrate.
B) Any authority to which that public servant is administratively subordinate.
C) The State Government only.
D) The Sessions Judge.
8. For the purposes of Section 215, the term "Court" includes:
A) Civil, Revenue, and Criminal Courts.
B) Only High Courts and Sessions Courts.
C) Only Criminal Courts.
D) Tribunals constituted under the Income Tax Act only.
9. Case Law Nuance: According to a decided case law, does the bar under Section 215(1)(b) apply if a document is forged before it is produced in Court?
A) Yes, the bar is absolute.
B) No, if forgery was committed prior to filing in Court, the bar is not attracted.
C) Yes, but only in warrant-cases.
D) Only if the forgery is done by a public servant.
III. Offences Against the State & Public Servants (Sections 217–218)
10. Previous sanction of the Central or State Government is mandatory under Section 217 for taking cognizance of offences against:
A) Marriage.
B) Public property.
C) The State (e.g., Waging war, Sedition-related acts).
D) Defamation of a private citizen.
11. Before according sanction for offences against the State, the Government or District Magistrate may order a preliminary investigation by a police officer not below the rank of:
A) Sub-Inspector.
B) Inspector.
C) Deputy Superintendent of Police.
D) Superintendent of Police.
12. Section 218 requires previous sanction for the prosecution of a Judge or Public servant for an offence alleged to have been committed while:
A) On leave.
B) Residing in government quarters.
C) Acting or purporting to act in the discharge of official duty.
D) Commuting to the office.
13. Which Government provides the sanction for a public servant employed in connection with the affairs of a State under Section 218?
A) Central Government.
B) The High Court.
C) State Government.
D) The District Magistrate.
IV. Marriage & Defamation (Sections 219–222)
14. Under Section 219, who is generally the only person competent to file a complaint for offences against marriage (Chapter XVI BNS)?
A) The Police.
B) The State Government.
C) Some person aggrieved by the offence.
D) Any person having knowledge of the marriage.
15. If a person aggrieved by an offence against marriage is a minor or disabled, who may file the complaint with the Court's leave?
A) Any person.
B) Only a police officer.
C) Only a legal heir.
D) Only the High Court.
16. If a husband is serving in the Armed Forces and cannot get leave, who can file a complaint for an offence against marriage on his behalf?
A) No one; he must appear in person.
B) Any person authorized by him in writing and countersigned by his Commanding Officer.
C) His father or mother only.
D) The Public Prosecutor.
17. Section 219(6) sets a time limit of _____ for taking cognizance of an offence of sexual intercourse by a man with his own wife (under 18 years).
A) Six months.
B) One year.
C) Three years.
D) No time limit.
18. Under Section 220, cognizance of an offence of cruelty (Section 85 BNS) can be taken upon:
A) A police report.
B) A complaint by the aggrieved person or their relatives (blood, marriage, or adoption).
C) Information from a notified public servant if no relative exists.
D) All of the above.
19. For the offence of Defamation (S. 222), who is generally authorized to file the complaint?
A) Any person in the locality.
B) The person aggrieved by the offence.
C) The District Magistrate.
D) Only the Public Prosecutor.
20. When defamation is alleged against the President or Vice-President of India in respect of their public functions, the _____ may take cognizance without the case being committed.
A) Magistrate of the first class.
B) Court of Session.
C) High Court.
D) Supreme Court.
V. Statement, Reasoning & Problem-Based
21. Statement I: "Taking cognizance" means cognizance of the offenders, not the offence.
Statement II: The Magistrate takes cognizance of the case as a whole and can proceed against persons not named in the complaint.
A) Only I is correct.
B) Only II is correct.
C) Both are correct.
D) Neither is correct.
22. Assertion (A): Previous sanction for prosecuting a public servant under Section 218 is mandatory.
Reason (R): It protects public servants from being harassed by vexatious proceedings for acts done in good faith during official duties.
A) Both A and R are true, and R is the correct explanation.
B) Both are true, but R is not the explanation.
C) A is true, R is false.
D) A is false, R is true.
23. Problem: 'A' is accused of committing perjury (giving false evidence) in a judicial proceeding. 'B', the opposite party, wants to file a private complaint against 'A'. Can the Court take cognizance?
A) Yes, perjury is a serious crime.
B) No, under Section 215, cognizance can only be taken on the written complaint of the Court concerned or its superior.
C) Yes, if 'B' provides two witnesses.
D) No, only the High Court can take cognizance.
24. Problem: A Magistrate takes cognizance of an offence under Section 210(1)(c) based on his own knowledge. He fails to inform the accused of his right to transfer the case to another Magistrate. What is the status of the trial?
A) The trial remains valid.
B) The trial is vitiated (void) because the requirement of Section 211 is mandatory.
C) The High Court can regularize it later.
D) Only the Session Judge can decide its validity.
25. Statement I: Cognizance of defamation of a Minister in respect of his public conduct can be taken by a Court of Session upon a written complaint by the Public Prosecutor.
Statement II: Such a complaint must be filed within six months from the date of the offence.
A) Only I is correct.
B) Only II is correct.
C) Both are correct.
D) Neither is correct.
26. Problem: 'X' commits bigamy. His wife 'Y' is unable to file a complaint as she is residing with her parents in a remote village. Can her brother file the complaint?
A) No, only the wife can file.
B) Yes, Section 219 allows a brother to file a complaint for an offence under S. 82 or S. 84 of BNS on her behalf.
C) Only if the husband consents.
D) Only with the permission of the District Magistrate.
27. Reasoning: Why does Section 213 restrict the Court of Session from taking original cognizance?
A) To ensure cases are first filtered through the Magisterial inquiry/committal process.
B) Because Sessions Courts only handle appeals.
C) To reduce the workload of the Session Judge.
D) Because Magistrates have more power in investigation.
28. Statement I: The Central Government is the "Appropriate Government" for sanctioning the prosecution of a public servant employed in the affairs of the Union.
Statement II: Sanction is required even if the public servant has retired since the commission of the offence.
A) Only I is correct.
B) Only II is correct.
C) Both are correct.
D) Neither is correct.
29. Problem: A Public Prosecutor files a defamation complaint for a Minister under S. 222(2). The accused argues the case must be committed by a Magistrate. Is the argument valid?
A) Yes, all Sessions cases must be committed.
B) No, Section 222(2) explicitly allows the Court of Session to take cognizance without committal.
C) Only if the offence is cognizable.
D) Only if the Minister is also a Member of Parliament.
30. True or False: Under Section 215(3), a Court is deemed subordinate to the Court to which appeals ordinarily lie from its appealable decrees or sentences.
[True - Section 215(4)]
Answer Key
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B
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D
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B
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B
-
A
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B
-
B
-
A
-
B
-
C
-
B
-
C
-
C
-
C
-
A
-
B
-
B
-
D
-
B
-
B
-
B
-
A
-
B
-
B
-
C
-
B
-
A
-
C
-
B
-
True
Based on Chapter XV (Conditions Requisite for Initiation of Proceedings) of the BNSS, 2023, here are 10 statement-based preliminary questions.
Chapter XV: Statement-Based Practice Set
Q1. Consider the following statements regarding the modes of taking cognizance under Section 210:
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Statement I: A Magistrate of the first class may take cognizance of an offence upon receiving a complaint of facts which constitutes such an offence.
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Statement II: A Magistrate may take cognizance upon his own knowledge that such an offence has been committed. Which of the statements is/are correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q2. Regarding the rights of the accused under Section 211, evaluate these statements:
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Statement I: When a Magistrate takes cognizance based on his own knowledge under Section 210(1)(c), the accused has a right to have the case inquired into or tried by another Magistrate.
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Statement II: The accused must be informed of this right only after the examination of the first prosecution witness.
Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q3. Consider the following regarding the Court of Session under Section 213:
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Statement I: A Court of Session can take cognizance of any offence as a Court of original jurisdiction without the case being committed to it.
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Statement II: Except as otherwise expressly provided, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate.
Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q4. Evaluate these statements regarding Section 215 (Contempt of Lawful Authority):
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Statement I: No Court shall take cognizance of any offence of contempt of lawful authority of public servants except on the written complaint of the public servant concerned or their administrative superior.
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Statement II: This bar on cognizance also applies to the abetment of or attempt to commit such offences.
Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q5. Regarding Section 215 and offences relating to documents given in evidence:
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Statement I: If a document is forged while in the custody of a Court, cognizance can only be taken upon the written complaint of that Court.
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Statement II: Case law clarifies that if the forgery was committed prior to the document being produced in Court, the bar under Section 215 is not attracted.
Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q6. Consider the following statements regarding the prosecution of Judges and public servants (Section 218):
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Statement I: No Court shall take cognizance of an offence alleged to have been committed by a Judge or public servant while acting or purporting to act in the discharge of official duty, except with previous sanction.
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Statement II: This protection is only available to serving public servants and does not apply to those who have retired.
Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q7. Evaluate these statements regarding offences against marriage under Section 219:
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Statement I: Generally, no Court shall take cognizance of an offence against marriage except upon a complaint made by some person aggrieved by the offence.
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Statement II: If the aggrieved person is a woman, her father, mother, brother, or sister may file a complaint on her behalf with the leave of the Court.
Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q8. Regarding the prosecution for Defamation under Section 222:
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Statement I: A Court shall not take cognizance of defamation except upon a complaint made by some person aggrieved by the offence.
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Statement II: Where the person defamed is a Minister of a State, the Court of Session may take cognizance without the case being committed, upon a written complaint by the Public Prosecutor.
Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q9. Consider the following regarding the "Making over" of cases (Section 212):
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Statement I: Any Chief Judicial Magistrate may, after taking cognizance, make over the case for inquiry or trial to any competent Magistrate subordinate to him.
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Statement II: A Magistrate of the first class can only make over a case if he is specifically empowered to do so by the Chief Judicial Magistrate.
Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q10. Evaluate these statements regarding the "Step-parent" and relative complaints under Section 220:
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Statement I: Cognizance of cruelty (Section 85 of BNS) can be taken upon a police report.
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Statement II: If no relative is available, the complaint may be made by any public servant notified by the State Government in this behalf.
Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Answer Key
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C (Refer Sections 210(1)(a) and 210(1)(c))
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A (Statement II is false; Section 211 requires the information be given "before any evidence is taken")
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B (Statement I is false; original jurisdiction is restricted by Section 213)
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C (Refer Section 215(1)(a))
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C (Refer Section 215(1)(b) and cited case law Riico Ltd. v. State of Rajasthan)
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A (Statement II is false; Section 218(1) explicitly includes those "was at the time of commission... employed")
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C (Refer Section 219(1) and its proviso)
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C (Refer Sections 222(1) and 222(2))
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C (Refer Sections 212(1) and 212(2))
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C (Refer Section 220)
READY RECKONER IN A FUN WAY
This "Gatekeeper’s Manual" is a creative ready reckoner for Chapter XV (Sections 210–222) of the BNSS, 2023. This chapter acts as the legal "filter," defining exactly when and how a Court can officially start a criminal proceeding.
1. The Three Keys to Cognizance (Section 210)
A Magistrate of the first class (or an empowered second class) can open the gates of justice in three ways:
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Complaint Key: Upon receiving a complaint of facts constituting an offence.
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Police Key: Upon a police report (which can now be submitted in electronic mode).
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Personal Knowledge Key: Upon information from any person other than a police officer, or the Magistrate's own knowledge.
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Nuance: "Taking cognizance" means taking notice of the offence, not necessarily the specific offenders initially.
2. The Accused’s Safety Valve (Section 211)
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The Rule: If a Magistrate takes cognizance based on his own knowledge (the third key above), he must inform the accused, before evidence is taken, that they have the right to have the case tried by a different Magistrate.
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The Penalty: If the Magistrate fails to inform the accused or refuses a requested transfer, the trial is considered void.
3. The "Making Over" Relay (Section 212)
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The CJM Power: Any Chief Judicial Magistrate can "make over" a case to a subordinate Magistrate for inquiry or trial after taking cognizance.
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The First Class Relay: A Magistrate of the first class can only make over a case if they are specifically empowered by the CJM to do so.
4. The Sessions Court Filter (Section 213)
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General Rule: A Court of Session is not a Court of original jurisdiction. It cannot take cognizance of an offence unless a Magistrate has first committed the case to it.
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Exceptions: This rule applies unless the BNSS or another law expressly provides otherwise (such as in special defamation cases).
5. The "No-Private-Action" Zones (Section 215)
For certain offences against public justice (like perjury or document forgery in Court), the gates are locked to private individuals:
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Contempt of Lawful Authority: Cognizance is barred unless there is a written complaint from the specific public servant or their administrative superior.
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Court Document Forgery: If an offence involves a document produced in Court, only that Court (or a superior Court) can file the complaint.
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Pre-Court Exception: Case law clarifies that if a document was forged before it was brought to Court, this bar does not apply.
6. The "Government Stamp" (Sections 217–218)
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Offences against the State (S. 217): No Court can take cognizance of crimes like waging war or criminal conspiracy against the State without previous sanction from the Central or State Government.
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Public Servants & Judges (S. 218): If an offence is alleged to have occurred while a public servant was acting in their official duty, government sanction is mandatory.
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The 120-Day Clock: The Government must decide on a sanction request within 120 days, or it is deemed to be granted.
7. Family & Reputation Protective Shields (Sections 219–222)
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Marriage (S. 219): Generally, only the "person aggrieved" can file a complaint for offences against marriage.
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Cruelty (S. 220): Cognizance for cruelty (S. 85 BNS) can be taken on a police report or a complaint by the victim or their relatives (by blood, marriage, or adoption).
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Defamation (S. 222): Usually requires a complaint by the person defamed.
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High-Office Exception: For the President, VP, or Ministers, the Court of Session can take original cognizance on a written complaint by the Public Prosecutor within six months of the offence.