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BNSS and CrPC
Previous Year Question Paper with Solution
LLB 3 years · Sem 5
Dec 2012 - CrPC Examination
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LLB 3 years Sem 5 BNSS and CrPC Dec 2012 - CrPC Question Paper with Solutions
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First published on munotes.in on 29 September 2026.
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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 Dec 2012 - 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 The Bharatiya Nagarik Suraksha Sanhita, 2023 repealed the Code on 1 July 2024, though cases begun before that date still run under it, and the Sanhita papers sit in the same folder; a reader preparing for them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 Where the printed header names the Juvenile Justice Act, 2000, which was repealed on 15 January 2016, the answers are on the Act of 2015 as amended in 2021.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 Dec 2012 - CrPC examination, in the order it was set.
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Dec 2012 - 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 · 3 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.
(D)Answer in not more than two sentences,[2]
- A. Bailable offence
- B. For which type of offences summons trial is followed
- C. Investigation of non-cognizable case
- D. Powers of superior police officer
- E. Submission of police report
- F. Who can file appeal against acquittal
- G. Investigation
- H. Effect of death of accused on appeal Limitation in case of continuing offence
- J. Probationary officer 2 Write short marks
- A. Powers and jurisdiction of second class magistrate
- B. Issuance of warrant for appearance
- C. Power of court to take security for keeping peace
- D. Examination of witnesses by police
- E. Compensation to victim
- F. Special home
Answer
Section 36, CrPC (now section 34, BNSS, 2023) is short and complete:
Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.
Three things follow. A superior officer, such as a Superintendent, Deputy Inspector General or Inspector General, has every power an officer in charge of a police station has, including the power to register an FIR under section 154, to investigate under section 156, to arrest without warrant under section 41, and to file the report under section 173(2). He exercises them throughout the local area to which he is appointed, not merely within one station's limits. And he does not need any special empowerment; the section confers the powers directly.
Where else the Code gives a superior officer a distinct function. Section 154(3): where an officer in charge refuses to record information of a cognizable offence, the informant may send its substance in writing and by post to the Superintendent of Police, who, if satisfied that it discloses a cognizable offence, shall investigate it himself or direct an investigation. Section 158: the report under section 157 is submitted through a superior officer where the State Government so directs, and he may give instructions to the officer in charge and transmit the report to the Magistrate. Section 173(3): where a superior officer has been appointed under section 158, the report shall be submitted through him, and he may direct the officer in charge to make further investigation.
The limit. The section gives a superior officer the powers of an officer in charge; it does not let him take over a court's functions, and it does not dispense with any safeguard. He is bound by sections 41, 41A, 41B, 50 and 57 exactly as the station officer is.
The case. In Satvinder Kaur v. State (Govt. of NCT of Delhi), (1999) 8 SCC 728, the Supreme Court held that a police officer cannot refuse to register or investigate on the ground that the offence was committed outside his area, and that territorial jurisdiction is a question for the court at trial. The reasoning applies with greater force to a superior officer, whose area under section 36 is wider than any single station's.
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