Mumbai University Solved Question Papers
BNSS and CrPC
Previous Year Question Paper with Solution
LLB 3 years · Sem 5
Nov 2010 - CrPC Examination
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LLB 3 years Sem 5 BNSS and CrPC Nov 2010 - CrPC Question Paper with Solutions
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First published on munotes.in on 29 September 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the Nov 2010 - CrPC examination.
This paper was set on the Code of Criminal Procedure, 1973, and its answers are written on the Code the questions name. The Bharatiya Nagarik Suraksha Sanhita, 2023 repealed the Code on 1 July 2024, though cases begun before that date still run under it, and the Sanhita papers sit in the same folder; a reader preparing for them should check every section number and every time limit against the Sanhita. Two further things are corrected silently throughout. Where the printed header names the Juvenile Justice Act, 2000, which was repealed on 15 January 2016, the answers are on the Act of 2015 as amended in 2021. And the Probation of Offenders Act, 1958, whose own Section 2(a) still defines the Code as that of 1898, is read today with the Code of 1973.
Contents
The questions below are the paper as the University of Mumbai set it at the Nov 2010 - CrPC examination, in the order it was set.
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Nov 2010 - CrPC examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 4 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
(a)Answer in not more than two sentences[2]
- (a) Cognizance is taken of offence and not of offender means
- (b) Inherent powers of H.C. means
- (c) Oral complaint under Cr. P. C. means
- (d) Remand under Cr. P. C. means
- (e) Removal of disqualification attaching to conviction Sec. 19 Juvenile Justice (Care and Protection of Children) Act, 2000
- (f) Duration of Warrant of Arrest - Sec. 70
- (g) means
- (h) Dispensing with personal attendance (Sec. 205) means
- (i) What revision means and the object of revisional junsdictional
- U) Definition of under The Probation of Offenders Act, 1958
Answer
Note. The same question, in the same words, is set on another paper in this subject, so it takes the same answer, as the rule for a previous year paper solution set requires.
The phrase states a rule about what a Magistrate takes notice of when he sets the criminal law in motion. Section 190(1), CrPC (now section 210(1), BNSS, 2023) provides that a Magistrate may take cognizance of any offence on a complaint, on a police report, or on information or his own knowledge. The word used is offence, never offender.
What follows from it. A Magistrate takes cognizance of the act complained of, not of the person alleged to have done it. So:
- He may take cognizance even where the offender is unknown. Section 2(d) defines a complaint as an allegation that some person, whether known or unknown, has committed an offence.
- Once he has taken cognizance of the offence, he may proceed against any person who appears from the material to have committed it, even one not named in the complaint or the charge sheet. Section 319 puts that beyond doubt: where it appears from the evidence that any person not being the accused has committed an offence, the court may proceed against him.
- Cognizance taken against one accused enures for all, so the court need not take fresh cognizance when a second person is added.
What cognizance itself means. In R. R. Chari v. State of Uttar Pradesh, AIR 1951 SC 207, the Supreme Court held that taking cognizance means applying the mind for the purpose of proceeding under section 200 and the sections that follow, and not merely ordering an investigation. So a Magistrate who sends a complaint to the police under section 156(3) has not taken cognizance at all.
The limits. The rule is about who may be proceeded against, not about what may be proceeded on. Cognizance of certain offences is barred without a complaint by a particular person under sections 195 to 199, and without a sanction under section 197, and by limitation under section 468.
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