Mumbai University Solved Question Papers
BNSS and CrPC
Previous Year Question Paper with Solution
LLB 3 years · Sem 5
Dec 2023 - CrPC 60/40 Examination
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LLB 3 years Sem 5 BNSS and CrPC Dec 2023 - CrPC 60/40 Question Paper with Solutions
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First published on munotes.in on 29 September 2026.
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The question paper reproduced here is the paper as set by the University of Mumbai at the Dec 2023 - CrPC 60/40 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 The Bharatiya Nagarik Suraksha Sanhita, 2023 repealed the Code on 1 July 2024, though cases begun before that date still run under it, and the Sanhita papers sit in the same folder; a reader preparing for them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 Where the printed header names the Juvenile Justice Act, 2000, which was repealed on 15 January 2016, the answers are on the Act of 2015 as amended in 2021.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 2023 - CrPC 60/40 examination, in the order it was set.
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Dec 2023 - CrPC 60/40 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 2 hours · Total marks 60 · 8 questions answered
Instructions printed on the paper
- 2. Figures to the right indicates full marks
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.
(c)Give case- laws/reasons wherever necessary[2]
Answer
Section 47 of the Juvenile Justice (Care and Protection of Children) Act, 2015 governs observation homes. A State Government shall establish and maintain in every district or group of districts, either by itself or through a voluntary or non-governmental organisation, observation homes registered under section 41. They are for the temporary reception, care and rehabilitation of any child alleged to be in conflict with law, during the pendency of any inquiry under the Act.
Section 47(2) requires the State Government to provide for every such home the prescribed facilities and services, which include accommodation, maintenance, education, vocational training, medical attention and recreation. Section 47(3) requires that a child placed in an observation home be segregated by age and gender, and after an inquiry by the medical officer and the classification committee, according to his physical and mental status and the degree of the offence alleged.
Where it fits. Section 12 is the link. A child in conflict with law is ordinarily released on bail. If bail is refused, he is sent to an observation home, and never to a police lockup or a jail. That is the home's only purpose: it holds a child while the Board inquires. A special home under section 48 is different, because it holds a child after the Board has found the offence proved.
The case. In Sheela Barse v. Union of India, (1986) 3 SCC 596, decided 5 August 1986, a journalist wrote to the Supreme Court asking to visit jails and remand homes, and the letter was treated as a writ petition. The Court held that children should not be confined in jail at all, because incarceration has a dehumanising effect on a child's growth, and directed every District Judge to have a Magistrate visit the jails and report how many children were held there. That case is why the observation home exists as a separate institution.
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