Mumbai University Solved Question Papers
BNSS and CrPC
Previous Year Question Paper with Solution
LLB 3 years · Sem 5
Apr 2026 - BNSS 75/25 Examination
munotes.in
Mumbai
Mumbai University Solved Question Papers
BNSS and CrPC
Previous Year Question Paper with Solution
LLB 3 years · Sem 5
Apr 2026 - BNSS 75/25 Examination
munotes.in
Mumbai
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 Apr 2026 - 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 The Bharatiya Nagarik Suraksha Sanhita, 2023 repealed the Code on 1 July 2024, though cases begun before that date still run under it, and the Sanhita papers sit in the same folder; a reader preparing for them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 Where the printed header names the Juvenile Justice Act, 2000, which was repealed on 15 January 2016, the answers are on the Act of 2015 as amended in 2021.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.
The questions below are the paper as the University of Mumbai set it at the Apr 2026 - BNSS 75/25 examination, in the order it was set.
MarksPage
MarksPage
The questions in this volume are the questions asked at the Apr 2026 - 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
Instructions printed on the paper
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.
Q-1: Answer any six in two sentences, 2 marks each
any 6 of 8 · 12 Marks
Answer
Preventive action is what the police do before an offence is committed, to stop it happening. It is different from investigation, which follows an offence. It is governed by Chapter XII of the BNSS, 2023, sections 168 to 172.
Section 168: the core duty. Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence. The word "shall" makes prevention a duty and not a choice.
Section 169: an officer who receives information of a design to commit a cognizable offence must pass it on. It goes to the officer to whom he is subordinate, and to any other officer whose duty it is to prevent it.
Section 170: preventive arrest. A police officer who knows of a design to commit a cognizable offence may arrest the person without an order from a Magistrate and without a warrant. He may do so only if it appears that the offence cannot otherwise be prevented. By section 170(2) such a person shall not be detained beyond twenty-four hours unless further detention is authorised by some other provision.
Section 171: an officer may prevent injury to public property, including a landmark, a buoy or any other mark used for navigation.
Section 172: every person is bound to conform to the lawful directions of a police officer given under Chapters XI and XII. A person who resists or disregards them may be detained or removed, and taken before a Magistrate, or in a petty case released within twenty-four hours.
The Magistrate's preventive orders that the police execute. Section 152, a conditional order for the removal of a public nuisance. Section 163, an urgent order to prevent obstruction, annoyance or danger, which is the successor to section 144 of the CrPC. Sections 126 to 143, security proceedings for keeping the peace and for good behaviour.
The limit. In Anuradha Bhasin v. Union of India, (2020) 3 SCC 637, the Supreme Court held that an order under section 144 must be founded on material and must state its reasons. It is open to judicial review, and a repetitive order is an abuse of power.
Conclusion. Preventive action is the police officer's duty to stop a cognizable offence before it happens. Its strongest form is the arrest without warrant under section 170, and its strictest limit is the twenty-four hour cap on that detention.
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