Based on Chapter XI (Maintenance of Public Order and Tranquillity) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 30 comprehensive preliminary examination questions designed to test memory, logic, and analytical skills.

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BNSS Chapter XI: Smart Prelims Practice Set

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I. Unlawful Assemblies (Sections 148–151)

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Q1. Under Section 148, which of the following is the minimum rank of a police officer who can command an unlawful assembly to disperse in the absence of an officer in charge of a police station?

A) Constable

B) Head Constable

C) Sub-Inspector

D) Assistant Sub-Inspector

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Q2. Evaluate the following statements regarding the use of armed forces under Section 149:

• Statement I: An Executive Magistrate of the highest rank available may cause an assembly to be dispersed by the armed forces.

• Statement II: The officer of the armed forces must use maximum force to ensure the assembly is dispersed immediately.

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Which statement(s) is/are correct?

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

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Q3. Under Section 150, when can a commissioned officer of the armed forces disperse an assembly without a Magistrate's order?

A) Only during a declared state of emergency.

B) When public security is manifestly endangered and no Executive Magistrate can be communicated with.

C) Whenever the officer believes the assembly is unlawful.

D) Only with the prior sanction of the Central Government.

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Q4. According to Section 151, whose sanction is required to prosecute an officer or member of the armed forces for acts done under Chapter XI?

A) The High Court

B) The State Government

C) The Central Government

D) The District Magistrate

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Q5. Assertion (A): No Executive Magistrate acting in good faith under Section 148 is deemed to have committed an offence.

Reason (R): Section 151 provides protection against prosecution for acts done under Sections 148, 149, and 150 in good faith.

A) Both A and R are true, and R is the correct explanation of 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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II. Public Nuisances (Sections 152–162)

Q6. Which of the following can issue a "conditional order" for the removal of a nuisance under Section 152?

A) Any Judicial Magistrate

B) Only the District Magistrate

C) DM, SDM, or any Executive Magistrate specially empowered by the State Government

D) Only a Magistrate of the first class

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Q7. Under Section 152, the term "public place" specifically includes:

A) Private residences only

B) Property belonging to the State, camping grounds, and recreational grounds

C) Only designated government buildings

D) Any place where more than five people gather

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Q8. A new BNSS provision in Section 154 allows for appearance or hearing through which mode during nuisance proceedings?

A) Written affidavit only

B) Proxy representative only

C) Audio-video conferencing

D) Only physical appearance is permitted

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Q9. If a person fails to obey a conditional order and fails to show cause, they are liable to penalty under which section of the Bharatiya Nyaya Sanhita (BNS)?

A) Section 103

B) Section 188

C) Section 223

D) Section 352

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Q10. Under Section 156, what must the Magistrate do if he finds "reliable evidence" in support of a person's denial of a public right?

A) Dismiss the case immediately.

B) Issue a warrant of arrest.

C) Stay the proceedings until the existence of the right is decided by a competent Court.

D) Make the conditional order absolute.

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Q11. According to the NEW BNSS proviso in Section 157, nuisance proceedings must be completed within how many days?

A) 30 days

B) 60 days

C) 90 days (extendable to 120 days)

D) 180 days

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Q12. If a Magistrate directs a local investigation under Section 158, the report of the investigator may be:

A) Ignored if the parties object

B) Read as evidence in the case

C) Used only for internal departmental purposes

D) Sent directly to the High Court

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Q13. Problem: An order is made absolute under Section 157 to remove a dangerous building. The owner refuses to comply. Under Section 160, what can the Magistrate do?

A) He can only fine the owner.

B) He can cause the building to be removed and recover costs by selling the materials or other property.

C) He must wait for a Civil Court order.

D) He must transfer the case to a Judicial Magistrate.

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Q14. Section 161 empowers a Magistrate to issue an injunction pending inquiry if he considers there is:

A) A financial loss to the State

B) Imminent danger or injury of a serious kind to the public

C) A request from a local political leader

D) A minor inconvenience to traffic

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III. Urgent Cases (Section 163 - formerly S.144 CrPC)

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Q15. Under Section 163, an order can be issued to prevent:

A) Danger to human life, health, or safety

B) Disturbance of public tranquillity, riot, or affray

C) Obstruction or injury to any person lawfully employed

D) All of the above

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Q16. How long does an order issued by a Magistrate under Section 163 remain in force?

A) Indefinitely

B) Not exceeding one month

C) Not exceeding two months

D) Not exceeding six months

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Q17. The State Government may extend the duration of a Section 163 order for a further period not exceeding _____ from its original expiry.

A) Three months

B) Six months

C) One year

D) Two years

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Q18. According to Section 163(7), what must a Magistrate do if he rejects an application to rescind or alter an order?

A) He must fine the applicant.

B) He must record his reasons in writing.

C) He must refer the matter to the High Court.

D) He is not required to take any action.

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Q19. Reasoning Based: Why is Section 163 considered a measure of "preventive justice"? [21, 301; 241, 242]

A) Because it focuses on punishing past crimes.

B) Because it empowers Magistrates to take immediate action to prevent apprehended danger or riots.

C) Because it requires a full trial before any order is passed.

D) Because it only applies to habitual offenders.

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IV. Property Disputes (Sections 164–167)

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Q20. Under Section 164, an Executive Magistrate can initiate proceedings regarding a land dispute if he is satisfied that it is likely to cause:

A) A loss of revenue

B) A breach of the peace

C) A delay in construction

D) A decrease in property value

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Q21. For the purposes of Section 164, "land or water" includes:

A) Only vacant plots of land

B) Buildings, markets, fisheries, crops, and rents/profits of property

C) Only government-owned property

D) Only property within municipal limits

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Q22. In a proceeding under Section 164, the Magistrate decides the question of:

A) Legal title to the property

B) Actual possession at the date of the order

C) Future ownership rights

D) All of the above

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Q23. If a Magistrate finds that a party was "forcibly and wrongfully dispossessed" within _____ before the report, he may treat them as being in possession. [Reference to S.164(4) logic].

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Q24. If a party to a Section 164 proceeding dies, the Magistrate:

A) Must dismiss the case immediately.

B) May cause the legal representative of the deceased to be made a party.

C) Must hand over the property to the State Government.

D) Must restart the inquiry de novo.

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Q25. Under Section 164(8), if crops on the disputed land are subject to "speedy and natural decay," the Magistrate may:

A) Wait until the inquiry is finished.

B) Order the proper custody or sale of the property.

C) Give them to the police for distribution.

D) Prohibit anyone from touching them.

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Q26. Under Section 165, if a Magistrate is unable to decide which party was in possession, he may:

A) Order the parties to share the property.

B) Attach the subject of dispute and appoint a receiver.

C) Dismiss the case and let the parties fight.

D) Refer the case to the Supreme Court.

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Q27. Section 166 deals specifically with disputes concerning:

A) Ownership of gold

B) The right of use of any land or water (e.g., easements)

C) Defamation of a public servant

D) Custody of minor children

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Q28. Under Section 166, an order prohibiting interference with a right can only be made if the right was exercised within _____ before the receipt of information (if exercisable at all times).

A) One month

B) Three months

C) Six months

D) One year

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Q29. True or False: A local inquiry directed under Section 167 must be conducted by a Judicial Magistrate.

Answer: False. (It is deputed to a subordinate Executive Magistrate by DM/SDM).

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Q30. Analytical Question: According to case law (M. Siddiq), when property is placed custodia legis under Section 164, it means:**

A) The possession of the property changes to the State.

B) The Magistrate holds possession on behalf of the party ultimately found entitled to it.

C) The property is permanently forfeited.

D) No one can ever claim the property again.

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Answer Key

1. C (Section 148(1))

2. A (Section 149 - "little force" as possible)

3. B (Section 150)

4. C (Section 151(1)(a))

5. A (Section 151(2)(a))

6. C (Section 152(1))

7. B (Section 152 Explanation)

8. C (Section 154)

9. C (Section 155)

10. C (Section 156(2))

11. C (Section 157 Proviso)

12. B (Section 159(2))

13. B (Section 160(2))

14. B (Section 161(1))

15. D (Section 163(1))

16. C (Section 163(4))

17. B (Section 163(4) Proviso)

18. B (Section 163(7))

19. B (Section 163 logic)

20. B (Section 164(1))

21. B (Section 164(2))

22. B (Section 164(4))

23. 2 months (Standard procedural rule found in S.164 context)

24. B (Section 164(7))

25. B (Section 164(8))

26. B (Section 165(1))

27. B (Section 166(1))

28. B (Section 166(3) Proviso)

29. False (Section 167(1))

30. B (Case note on S.164/S.145)

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