Mumbai University Solved Question Papers
BNSS and CrPC
Previous Year Question Paper with Solution
LLB 3 years · Sem 5
May 2016 - CrPC Examination
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LLB 3 years Sem 5 BNSS and CrPC May 2016 - 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 May 2016 - 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 The Bharatiya Nagarik Suraksha Sanhita, 2023 repealed the Code on 1 July 2024, though cases begun before that date still run under it, and the Sanhita papers sit in the same folder; a reader preparing for them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 Where the printed header names the Juvenile Justice Act, 2000, which was repealed on 15 January 2016, the answers are on the Act of 2015 as amended in 2021.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 2016 - 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 2016 - 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 · 4 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) Define Summons Case. | <
- (b) What do you mean by non-bailable offence
- (c) What do you mean by police report?
- (d) Define local jurisdiction
- (e) Define Cognizable offence
- (f) What do you mean by juvenile in conflict with Law?
- (g) Define Children's home,
- (h) Define observation home
- (i) What do you mean by probation officer? What do you mean by plea bargaining? &
Answer
Section 2(w), CrPC (now section 2(1)(x), BNSS, 2023) defines a "summons-case" as a case relating to an offence, and not being a warrant-case.
It is a definition by exclusion, so it has to be read with section 2(x), which defines a "warrant-case" as a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years. A summons case is therefore any case where the maximum punishment is two years or less.
What follows from the label. It decides the process the court ordinarily issues under section 204, a summons rather than a warrant. It decides the procedure of the trial: Chapter XX, sections 251 to 259, instead of Chapter XIX. And it decides the single most important practical difference, in section 251: the particulars of the offence are merely stated to the accused and he is asked to plead, and it shall not be necessary to frame a formal charge.
Two features special to it. Section 256 requires the Magistrate to acquit the accused where the complainant does not appear, and section 257 to acquit him where the complainant is permitted to withdraw the complaint. No other chapter gives the complainant's conduct that effect. Section 259 allows the Magistrate to convert a summons case into a warrant case where the offence is punishable with more than six months and the interests of justice require it.
The case. In Bhaskar Industries Ltd. v. Bhiwani Denim and Apparels Ltd., (2001) 7 SCC 401, a company accused in a cheque dishonour case, which is a summons case, sought exemption from personal appearance. The Supreme Court held that a Magistrate may dispense with the personal attendance of the accused under section 205 and allow him to appear by pleader, and may insist on his presence later if it becomes necessary. That relief is what makes the summons case procedure workable for an accused living far from the court.
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