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LLB 3 years Sem 5 BNSS and CrPC Dec 2024 - BNSS 75/25 Question Paper with Solutions

Mumbai University Solved Question Papers

BNSS and CrPC

Previous Year Question Paper with Solution

LLB 3 years · Sem 5

Dec 2024 - BNSS 75/25 Examination

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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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munotes.in is an independent study resource for students of the University of Mumbai. It is not affiliated with the University of Mumbai, and is not endorsed by it.

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 Dec 2024 - BNSS 75/25 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 The Bharatiya Nagarik Suraksha Sanhita, 2023 repealed the Code on 1 July 2024, though cases begun before that date still run under it, and the Sanhita papers sit in the same folder; a reader preparing for them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 Where the printed header names the Juvenile Justice Act, 2000, which was repealed on 15 January 2016, the answers are on the Act of 2015 as amended in 2021.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.

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The Paper as Set

The questions in this volume are the questions asked at the Dec 2024 - BNSS 75/25 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 2½ hours  ·  Total marks 75  ·  21 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.

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Q.1

Q.1: Answer any Six of the following questions in 2-3 sentences

any 6 of 8 · 12 Marks

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(a)Define bail bond and Surety bond?[2]

Answer

The Sanhita defines three linked terms, and they are best given together.

"Bail", section 2(1)(b), BNSS, 2023. Bail means the release of a person accused of or suspected of an offence from the custody of law. The release is on conditions imposed by an officer or a Court. The person must execute "a bond or a bail bond". This is the first time an Indian procedure code has defined bail at all. The CrPC used the word throughout and never said what it meant.

"Bail bond", section 2(1)(d). A bail bond means "an undertaking for release with surety". So a bail bond is the accused person's written promise, backed by another person who stands behind him.

"Bond", section 2(1)(e). A bond means "a personal bond or an undertaking for release without surety". This is the accused person's own promise, with nobody standing behind it.

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The surety's own undertaking, section 485(1). The Sanhita does not use the phrase "surety bond" as a defined term. What the question calls a surety bond is the undertaking the surety signs under section 485(1). Before a person is released, he executes a bond for a sum the police officer or Court thinks sufficient. Where he is released on a bail bond, "one or more sufficient sureties" execute it as well. The condition is that he will attend at the time and place named in the bond, and go on attending until told otherwise. By section 486 the Court may refuse a surety or declare him unfit.

The case. Moti Ram v. State of Madhya Pradesh, (1978) 4 SCC 47, was decided on 24 August 1978. Moti Ram was a mason of small means. He was granted bail, and the Magistrate then fixed a surety of Rs 10,000. The Magistrate also rejected the surety offered by his brother, because the brother lived in another district. The Supreme Court set both orders aside. Krishna Iyer J. held three things. Bail covers release on a personal bond. An amount the accused cannot raise is a refusal of bail dressed up as a grant. And a surety cannot be turned away merely because he lives elsewhere.

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Conclusion. A bail bond is release with surety. A bond is release without one. The surety's separate undertaking under section 485 is what secures the first. The proviso to section 478 now writes Moti Ram into the statute. An indigent person who cannot furnish surety is discharged on his own bond. The Explanation adds that failure to furnish a bail bond within one week of arrest is enough to presume that he is indigent.

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