Mumbai University Solved Question Papers
BNSS and CrPC
Previous Year Question Paper with Solution
LLB 3 years · Sem 5
Nov 2015 - CrPC Examination
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LLB 3 years Sem 5 BNSS and CrPC Nov 2015 - 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 2015 - 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 The Bharatiya Nagarik Suraksha Sanhita, 2023 repealed the Code on 1 July 2024, though cases begun before that date still run under it, and the Sanhita papers sit in the same folder; a reader preparing for them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 Where the printed header names the Juvenile Justice Act, 2000, which was repealed on 15 January 2016, the answers are on the Act of 2015 as amended in 2021.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 2015 - 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 2015 - 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
Instructions printed on the paper
- (2) Figures to the right indicate 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.
(a)Answer the following in not more than two sentences :[2]
- (a) Inquiry
- (b) Cognizable offence
- (c) Complaint
- (d) Trial
- (e) In Camera Proceeding
- (f) Juvenile In Conflict With Law
- (g) Children Home
- (h) Admonition
- (i) Dispensing with personal attendance of accused
- (j) Inquest Write Short Notes (Any Four) : 20
- (a) Anticipatory Bail
- (b) Statement and Confession
- (d) Probation Officer
- (e) Plea Bargaining
- (f) Order for Maintenance of Wite, Children and Parents
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.
Section 2(g), CrPC (now section 2(1)(k), BNSS, 2023): "inquiry" means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court.
It is a definition by exclusion. Whatever a Magistrate or a court does under the Code, which is not itself a trial, is an inquiry. Because the definition carves out a trial, the two are mutually exclusive, and that is also why the Code leaves "trial" undefined.
What counts as an inquiry. The examination of a complainant and the inquiry into a complaint under section 202. The inquest into an unnatural death held by a Magistrate under section 176. The proceedings for security for keeping the peace and good behaviour under sections 107 to 110. The maintenance proceeding under section 125. The committal proceeding under section 209. None of them ends in a conviction, and that is the mark of an inquiry.
Why the line matters. An inquiry may end in a discharge; a trial ends in conviction or acquittal. A discharged person can be proceeded against again on better material. An acquitted person cannot, because section 300 bars it.
The case. In R. R. Chari v. State of Uttar Pradesh, AIR 1951 SC 207, the question was when a Magistrate takes cognizance of an offence. 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. The decision fixes the moment an inquiry begins, which is the moment judicial control replaces police control.
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