Based on Chapter XVIII (The Charge) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 30 preliminary-style questions. These are designed to test your memory of the new BNSS updates, your logic in joinder of charges, and your ability to apply the law to specific legal problems.

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BNSS Chapter XVIII: The Charge (Practice Set)

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I. Form of Charges (Sections 234–240)

Q1. Under Section 234(4), if the law which creates an offence does not give it any specific name, how must the offence be described in the charge?

A) By referencing the victim's name only.

B) By stating so much of the definition of the offence as to give the accused notice of the matter.

C) By using any name the Investigating Officer chooses.

D) It cannot be tried until the State Government names it.

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Q2. When an accused is charged with criminal breach of trust of money, what is the maximum time interval allowed between the first and last dates of the alleged offences for them to be combined into one charge under Section 235(2)?

A) Six months.

B) One year.

C) Two years.

D) Three years.

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Q3. According to Section 236, when must the "manner" in which the offence was committed be included in the charge?

A) In every case involving a public servant.

B) Only in cases punishable with death.

C) When the particulars of time, place, and person do not give the accused sufficient notice of the matter.

D) Only if the accused is a first-time offender.

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Q4. Evaluate the following statements regarding Section 238 (Effect of errors):

• Statement I: An error in stating the offence in a charge is never material.

• Statement II: An error is material only if the accused was misled by it and it occasioned a failure of justice. Which is correct?

• A) Only I B) Only II C) Both I and II D) Neither I nor II

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Q5. Under Section 239, at what stage may a Court alter or add to any charge?

A) Only before the evidence begins.

B) Only after the prosecution evidence is closed.

C) At any time before judgment is pronounced.

D) Only with the prior permission of the High Court.

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Q6. If a charge is altered or added to after the trial has commenced (Section 240), the Court:

A) Must restart the trial from the beginning.

B) Must acquit the accused and order a fresh investigation.

C) Shall allow the prosecutor and the accused to recall or re-summon and examine any witness already examined (subject to certain conditions).

D) Cannot record any further evidence.

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II. Joinder of Charges (Sections 241–247)

Q7. (NEW BNSS UPDATE) Under Section 242(1), how many offences of the same kind committed within a space of twelve months may be charged and tried at one trial?

A) Not exceeding three.

B) Not exceeding five.

C) Not exceeding ten.

D) Any number, provided they are committed against the same person.

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Q8. The general rule under Section 241 is that for every distinct offence, there shall be a separate charge and trial. What is the exception provided in the proviso to Section 241(1)?

A) The Magistrate can combine charges if the Public Prosecutor requests it orally.

B) Charges can be tried together if the accused applies in writing and the Magistrate believes no prejudice will be caused.

C) Charges are automatically combined if the accused is a woman.

D) There are no exceptions to separate trials.

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Q9. 'A' is accused of committing three thefts within 12 months. Under Section 242, these are considered:

A) Offences not of the same kind.

B) Offences of the same kind because they are punishable with the same amount of punishment under the same section of BNS.

C) Distinct offences that must always be tried separately.

D) Non-compoundable offences.

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Q10. Under Section 243(2), if a person is charged with criminal breach of trust, they can also be charged and tried at the same trial for which related offence?

A) Murder.

B) Falsification of accounts for the purpose of concealing the breach of trust.

C) Defamation of the employer.

D) Any offence under the Motor Vehicles Act.

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Q11. Section 244 applies to a situation where:

A) The accused admits the crime.

B) It is doubtful which of several offences the facts proved will constitute.

C) The victim is unknown.

D) The offence was committed outside India.

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Q12. If 'A' is charged with murder but the facts proved show he committed only culpable homicide not amounting to murder, can he be convicted of the latter even if not charged with it?

A) No, a new charge and trial are mandatory.

B) Yes, under Section 245, if a minor offence is proved but a major one is charged, the person can be convicted of the minor offence.

C) Only if the Public Prosecutor agrees.

D) Only if the High Court transfers the case.

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Q13. Which of the following categories of persons MAY NOT be charged and tried together under Section 246?

A) Persons accused of the same offence in the same transaction.

B) Persons accused of an offence and persons accused of abetment of that offence.

C) Persons accused of two entirely different offences committed in different transactions six months apart.

D) Persons accused of different offences committed in the course of the same transaction.

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Q14. Under Section 247, if an accused is convicted on one of several heads of a charge, what is the effect of the complainant withdrawing the remaining charges with the Court’s consent?

A) It has the effect of an acquittal on those charges.

B) It has the effect of a discharge.

C) The remaining charges are stayed until the next year.

D) The accused must pay a fine for the withdrawn charges.

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III. Problem-Solving & Logic-Based Questions

Q15. Problem: 'A' is charged with "cheating B" at a specific time and place. The charge does not mention how 'A' cheated 'B'. 'A' defends himself and calls witnesses. The Court finds the omission did not mislead 'A'. Is the trial valid?

A) No, the "manner" is mandatory in all cheating cases.

B) Yes, under Section 238 Illustration (b), the error is immaterial if the accused was not misled.

C) No, cheating trials are void without a detailed "Modus Operandi" in the charge.

D) Yes, but only if 'A' is convicted.

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Q16. Logical Application: 'X' commits house-breaking by day to commit adultery with 'Y's wife. In the house, 'X' commits rape. Under Section 243, can 'X' be separately charged and convicted for both house-breaking and rape in the same trial?

A) No, only the most serious offence can be charged.

B) Yes, because they form part of the same transaction.

C) Only if 'Y' files two separate FIRs.

D) No, because adultery is no longer an offence (Logic check: The question refers to the act of house-breaking with that intent and the subsequent rape).

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Q17. Problem: 'A' is charged with theft of a car. During the trial, the evidence shows that it wasn't theft, but 'A' received the car knowing it was stolen property. Can the Court convict 'A' for receiving stolen property?

A) No, theft and receiving stolen property are too different.

B) Yes, under Section 244 Illustration (b), the person can be convicted of the offence they appear to have committed though not specifically charged.

C) Only if the charge is altered and the trial is restarted.

D) No, 'A' must be acquitted of theft and a new FIR registered.

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Q18. Problem: A group of 10 people are accused of being members of an unlawful assembly and committing dacoity. Can they be tried together?

A) No, trials must be individual.

B) Yes, under Section 246(a), as they are accused of the same offence committed in the same transaction.

C) Only if they are all from the same village.

D) Yes, but only in the High Court.

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Q19. Statement I: A charge must be in writing and contain the specific section of the law.

Statement II: If the law does not give the offence a name, the section number alone is sufficient. Which is correct? A) Only I B) Only II C) Both I and II D) Neither I nor II

(Statement II is false; notice of the definition is required).

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Q20. Logic: Why does Section 235(2) allow the specification of a "gross sum" in breach of trust cases?

A) Because the police are too busy to count individual items.

B) To avoid the necessity of framing hundreds of separate charges for every small amount misappropriated over a period.

C) Because it is a bailable offence.

D) Only if the amount exceeds ₹10 Lakhs.

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Q21. 'P' is charged with causing grievous hurt. He proves he acted on grave and sudden provocation. The Court convicts him for "causing hurt on provocation" (a minor offence). Is this legal?

A) No, because he wasn't charged with "provocation."

B) Yes, under Section 245(2).

C) No, he must be acquitted and re-tried.

D) Only if the victim agrees.

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Q22. (BNSS Nuance) Section 242(1) allows five offences of the same kind to be tried together. Does "same kind" require the offences to be committed against the same person?

A) Yes, always.

B) No, the section specifies "whether in respect of the same person or not."

C) Only if the offences are non-cognizable.

D) Only if the Magistrate is a CJM.

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Q23. If a Court alters a charge under Section 239, when must the Court proceed with the trial immediately?

A) Always.

B) If the alteration is such that proceeding immediately will not prejudice the accused or the prosecutor.

C) Only if the accused pleads guilty to the new charge.

D) Only if the trial is a summary trial.

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Q24. Assertion (A): Every distinct offence must ordinarily be tried separately.

Reason (R): This ensures the accused is not confused by a multiplicity of charges and the Court is not burdened with a complicated trial.

A) Both A and R are true, and R explains A.

B) Both A and R are true, but R does not explain A.

C) A is true, R is false.

D) A is false, R is true.

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Q25. 'A' administers poison to 'B' in District 1, and 'B' dies in District 2. The charge for murder should ideally be tried where?

A) Only in District 1.

B) Only in District 2.

C) In either District 1 or 2 (Cross-reference with Ch. XIV, but Ch. XVIII mandates the charge must state the place accurately).

D) Only in the State Capital.

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Q26. Under Section 246, if a person is charged with theft, can they be tried together with a person charged with receiving the stolen property from that theft?

A) No, these are two different transactions.

B) Yes, Section 246(e) specifically allows this joinder. C) Only if they are related.

D) No, because receiving is a bailable offence.

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Q27. True or False: Words used in a charge are deemed to have been used in the sense attached to them by the law under which the offence is punishable (Section 237).

A) True B) False

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Q28. 'A' is charged with theft on January 1st and causing grievous hurt to a different person on June 1st. Can these be tried together?

A) Yes, as they happened in the same year.

B) No, Section 241 Illustration mandates they be separately charged and tried as they are distinct offences and not of the same kind.

C) Yes, if the Magistrate is a woman.

D) Only if 'A' is a habitual offender.

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Q29. (Advanced Logic) If an accused is charged with an offence and the facts proved show he committed a different offence for which he might have been charged under Section 244, can he be convicted of the latter?

A) Yes, under the second part of Section 244.

B) No, he must be acquitted.

C) Only if the trial is in a Sessions Court.

D) No, unless he confesses.

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Q30. Problem: A charge is written in English. The accused only understands Marathi. The Court fails to explain the charge in Marathi. The accused is convicted. Is this error material under Section 238?

A) No, language is never material.

B) Yes, if it can be shown the accused was misled and it occasioned a failure of justice.

C) No, Marathi is not an official language of the Courts.

D) Yes, the trial is automatically void without any proof of prejudice.

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Answer Key

1-B, 2-B, 3-C, 4-B, 5-C, 6-C, 7-B (BNSS Change), 8-B, 9-B, 10-B, 11-B, 12-B, 13-C, 14-A, 15-B, 16-B, 17-B, 18-B, 19-A, 20-B, 21-B, 22-B, 23-B, 24-A, 25-C, 26-B, 27-A, 28-B, 29-A, 30-B.