Mumbai University Solved Question Papers
BNSS and CrPC
Previous Year Question Paper with Solution
LLB 3 years · Sem 5
Dec 2025 - CrPC 60/40 Examination
munotes.in
Mumbai
Mumbai University Solved Question Papers
BNSS and CrPC
Previous Year Question Paper with Solution
LLB 3 years · Sem 5
Dec 2025 - CrPC 60/40 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 Dec 2025 - CrPC 60/40 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 The Bharatiya Nagarik Suraksha Sanhita, 2023 repealed the Code on 1 July 2024, though cases begun before that date still run under it, and the Sanhita papers sit in the same folder; a reader preparing for them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 Where the printed header names the Juvenile Justice Act, 2000, which was repealed on 15 January 2016, the answers are on the Act of 2015 as amended in 2021.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 Dec 2025 - CrPC 60/40 examination, in the order it was set.
MarksPage
MarksPage
The questions in this volume are the questions asked at the Dec 2025 - CrPC 60/40 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 2 hours · Total marks 60 · 22 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 the following in not more than two sentences
any 6 of 10 · 12 Marks
Answer
Section 2(c), CrPC, 1973, now section 2(1)(g), BNSS, 2023. A "cognizable offence" means an offence for which, and a "cognizable case" means a case in which, a police officer may arrest without warrant. The power must come from the First Schedule, or from some other law in force.
Section 2(l), CrPC (now section 2(1)(o), BNSS): a "non-cognizable offence" means an offence for which, and a "non-cognizable case" means a case in which, a police officer has no authority to arrest without warrant.
The test is the First Schedule, not the seriousness of the offence. Broadly, an offence punishable with three years or more is cognizable, but there are exceptions in both directions and the entry governs.
The difference in practice.
| Cognizable | Non-cognizable | |
|---|---|---|
| Arrest without warrant | Yes | No |
| FIR | Registered under section 154 | Information entered under section 155(1) and referred to a Magistrate |
| Cognizable | Non-cognizable | |
|---|---|---|
| Investigation | Police may investigate without a Magistrate's order, section 156 | Only with the Magistrate's order, section 155(2) |
| Examples | Murder, rape, dacoity, theft | Simple hurt, criminal trespass, public nuisance, defamation |
Section 155(2) is the key limit: no police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try the case. By section 155(4), where a case relates to two or more offences of which at least one is cognizable, the whole case is deemed cognizable, notwithstanding that the others are not.
The case. Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1, was decided by a Constitution Bench. Where the information discloses a cognizable offence, registration of an FIR under section 154 is mandatory. The officer has no discretion in the matter.
Conclusion. The classification decides two things: whether the police may arrest without a warrant, and whether they may investigate without a Magistrate's order. Sections 2(1)(g) and 2(1)(o) of the BNSS reproduce both definitions without change.
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