Mumbai University Solved Question Papers
BNSS and CrPC
Previous Year Question Paper with Solution
LLB 3 years · Sem 5
Nov 2013 - CrPC Examination
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LLB 3 years Sem 5 BNSS and CrPC Nov 2013 - 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 Nov 2013 - 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 The Bharatiya Nagarik Suraksha Sanhita, 2023 repealed the Code on 1 July 2024, though cases begun before that date still run under it, and the Sanhita papers sit in the same folder; a reader preparing for them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 Where the printed header names the Juvenile Justice Act, 2000, which was repealed on 15 January 2016, the answers are on the Act of 2015 as amended in 2021.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 2013 - 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 2013 - 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.
(a)Answer the following in not more than two sentences[2]
- a) Bailable offence
- b) Investigation
- c) Judicial proceeding
- d) Warrant case
- e) Anticipatory bail
- f) Competent authority
- g) Special home
- i) Power of the Court to release certain offenders after admonition
- j) Probation officer
Answer
Note. Another paper in this subject sets the same question in slightly different words, and it takes the same answer, as the rule for a previous year paper solution set requires.
Section 2(a), CrPC (now section 2(1)(c), BNSS, 2023) defines a "bailable offence" as an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force, and then says that a "non-bailable offence" means any other offence.
So the Code defines it by exclusion. There is no test of seriousness in the definition. One must look at the First Schedule, which sets out against every section of the Penal Code whether the offence is bailable or not, and at the special law where the offence is under one.
What the label does. In a bailable offence section 436 makes bail a right: the person shall be released on being prepared to give bail, and neither the officer nor the court has any discretion. In a non-bailable offence bail is a matter of judicial discretion under section 437 before a Magistrate and section 439 before the Court of Session or the High Court.
Non-bailable is not unbailable. Section 437(1) allows release even in a non-bailable offence. It is barred only where there appear reasonable grounds for believing the accused guilty of an offence punishable with death or imprisonment for life, or where the accused has the previous convictions named in clause (ii), and even then the first proviso saves a person who is under sixteen, or a woman, or sick or infirm.
The case. In Rasiklal v. Kishore Khanchand Wadhwani, (2009) 4 SCC 446, decided 20 February 2009, the Supreme Court held that in a bailable offence the right to bail is absolute and indefeasible and the complainant has no right to be heard. The decision marks the whole difference the label makes: in a bailable offence there is nothing for the court to weigh, and in a non-bailable one there is nothing but weighing.
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