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BNSS and CrPC
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LLB 3 years · Sem 5
May 2017 - CrPC Examination
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LLB 3 years Sem 5 BNSS and CrPC May 2017 - 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 May 2017 - 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 The Bharatiya Nagarik Suraksha Sanhita, 2023 repealed the Code on 1 July 2024, though cases begun before that date still run under it, and the Sanhita papers sit in the same folder; a reader preparing for them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 Where the printed header names the Juvenile Justice Act, 2000, which was repealed on 15 January 2016, the answers are on the Act of 2015 as amended in 2021.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 May 2017 - CrPC examination, in the order it was set.
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the May 2017 - 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.
2 questions answered
Instructions printed on the paper
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(a)Answer the following in not more than 2 sentences: are different types of trial?[2]
- d) W 0 has jurisdiction in cases of Juveniles? ho can give bailable offence? : Commencement of Period of limitati Define conviction and acquittal. < complaints under Cr, P.C
- j) Define children Home
Answer
The Code provides four kinds of trial, and the kind that applies is decided by the offence and the court, not by the choice of the parties.
1. Sessions trial, sections 225 to 237. For offences exclusively triable by the Court of Session, which the First Schedule marks as such. The case reaches the court only on a committal under section 209, because section 193 bars the Court of Session from taking cognizance on its own. The prosecution is conducted by a Public Prosecutor, the Judge may discharge under section 227 or frame a charge under section 228, and he must hear the accused on sentence under section 235(2) before passing one.
2. Warrant case trial, sections 238 to 250. For a warrant case, defined by section 2(x) as one relating to an offence punishable with death, imprisonment for life, or imprisonment exceeding two years. It splits in two: sections 238 to 243 where the case is instituted on a police report, and sections 244 to 247 where it is instituted otherwise than on a police report. In both a written charge is framed, under section 240 or section 246.
3. Summons case trial, sections 251 to 259. For a summons case, which section 2(w) defines as any case that is not a warrant case, so an offence carrying two years or less. Section 251 is the defining provision: the particulars of the offence are stated to the accused and he is asked to plead, and no formal charge is framed.
4. Summary trial, sections 260 to 265. An abridged form for the petty offences the section lists, in which only the substance of the evidence is recorded and no sentence above three months may be passed.
The case. In J. V. Baharuni v. State of Gujarat, (2014) 10 SCC 494, cheque dishonour cases were being tried summarily and a successor Magistrate ordered the trial to start again. The Supreme Court held that a Magistrate trying a case summarily must actually follow the summary procedure and not a hybrid of his own. The case makes the point this question is really testing: the four procedures are distinct, and a court cannot mix them.
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