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END TERM EXAMINATION

) FIFTH SEMESTER [LLB] DECEMBER 2024 - JANUARY 20285 .
Lp..,,.r Code:LLB-305 7 subject: Bharatiya Nagarik Surksha
. . S T Sanhita-l
an Maximum- o 75
Marks:
t any five questions inclid
Note: Attempsory. ing Q.Ne.1 of Part A which (s
. €ompul Selcct one question from cach Unit of Part BB.

PART-A
Q1. Answer the following with the help of applicable provisions and case laws:
(5*5=25)
a) BNSS, 2023 came into effect on 1st July 2024, In September 2024 “X"
Indian state amended Section 482 BNSS by Notification No. 777 /VIlL-
94(2)-87 dated 30/09/2024 puiblished in “X" State ‘e, without
the assent of the President of India. On what grounds 1 the lepality
of said amendment by notification be challenged?
b) FIR was lodged against Ramesh under Scction 316(2), 316(5), 318(1),
336(2), 338, 336(3) and 3410(2) r/w Scction 3(5) BNS. lle was arrested
by Delhi Police and remanded in Judic¢ial custody for 14 days. While
in such custody "he moved Delhi High Court under ction 482 for
granting him anticipatory bail as he was apprchending arrest by CBIL
Can the High Court Grant anticipatory bail? Support your answer
briefly with the judicial interpretation given by the Hon'ble Supreme
Court in this regard.
c) X, was alleged to have committed offence u/s 8/18, 25 and 29 of
NDPS Act. The police report was filed and at the stage of framing of
charges the accused moved an application before the court u/s 94
BNSS, 2023 for summoning of thi cadl dctmils of the scizure officer
and somece other police officials for the date of scizure ¢ 29th
September, 2024. In light of recent judicial interpretation of Hon'ble
Supreme court regarding the stage of the crimninal procceding when
Section 94 BNSS can be invoked decide whether the trial court can
summon u/s 94 BNSS for the requested records which are not filed
with police report?
d) Ali and Suraya were a married couple; they had a minor male child of
4 years. After their divorce, Ali on 18th August 2024
forcefully
took
away his child without the consent of his mother. Mother filed an
application before the Executive Magistrate for scarch warrant and
immediate custody of the child because the father has remarried. In
light of the emergency and well-being of the child the Executive
Magistrate took immediate action without an_inquiry and issued an
order directing that the mother will have the custody of the child until
the child turns 18 ycars old. Discuss
e) Altered composition of the Dircctorate of Prosccution and the role
played by each member of Directorate of Prosccution under section
20, BNSS,2023?
UNIT I
Q2. Decide the validity of the recorded statements under following
circumstances on the basis of decisions of Hon’ble Supreme Court of
India:
P.T.O

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 [-2-]
(a) X was brought for rccording Confession during investigation under
section 183 BNSS, 2023. tlc was ncither accompanicd by any lawyer
during the rccording of the confession nor was provided by the
Magistrate as legal aid. Decide the legality of the recorded confession
under scction 183 BNSS,2023. (5)
(b) “X” was arrcsted on 18th August 2024 and was produced before
Magistrate on 19th August 2024. lic was sent to police custody for
five days_and then was sent to scven days Judicial custody. On the
fotrth day of his judicial custody, hc was brought for recording of
confession under Section 183 BNSS and the same was rccorded by
the ‘Judicial Magistrate. The validity of the statement was chalicnged
on account of it being under the influcnce of police custody as it was
rcc.orded just after four days of police custody and the sub jail in
which he was kept in judicial remand was nearby the police station
where he was kept in police custody. Decide. (7.5)
OR
Q3. Dccide on the basis of legal interpretations by thc Hon’ble Supreme
Court of the following:
(a) When two FIRs are maintainable in respect of the same offence. (4)
(b) Impact of delay in forwarding the FIR to the Magistrate in both the
cases namely duly signed FIR under Section 173 and FIR registered by
the police officer on any information received other than by way of an
informant under Section 176(1) BNSS. 4)
(¢) Magistrate ordering “Fresh” investigation by CBCID after filing of
Chargeshett by State Police Agency under section 193(9) BNSS,2023.
{4.5)
UNIT -II
Q.4. Bhartiya Nagarik Suraksha Sanhita and thc amended provisions which
are primarily focussed towards protection of the stakeholders are
contended to grant cxcessive powers lo the State and in specific police
agency thercby leading to a police state. Discuss whether this
the new
apprehension is weil founded? What procedures are altered in
person and
procedural laws as far as arrest, compelling the presence of
concerned? How the compelling
production of documents and things are are
and society in general
interests of the accused, viclim, state agencies (12.5)
procedures?
balanced in BNSS during arrest and search
OR
case at the i'nit.ial stage and
Q5.(a)How the rcjection of bail in a non-bailable
prerx}lse? _Can a bail
the cancellation of bail are founded on distinct single Juc(igg‘e on a
by another
granted by a single judgre }Ilse Scanc;lled
sequent application of the State
application of Scction 479 BNSS,2023 than
(b)s?ge zllercd ];l:lrview and and applicable u/s 436A Cer, 1973. !4.5)_
what was earlier covered or its
amount to cance]lauon_ol bail
c)Would forfeiture of bail bonds to
effect is only limited forfeiture of bond and the person still remains3)
©
be on bail? UNIT I
a fresh
a Magistrate on what ground
Q6. (a) If r laint is dismissed by the same subject matter and can be
ing
g
comApla int cantbles mlnde regard (7.5)
urt u/s 210 BNSS, 2023.
rtained
ente by the co

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 [-3]
(b) How the right of the accused
to be heard at the admission St‘afii
the complaint was interpreted prior
1st July 2024. How_th fsf
ls r;gr S ted
incorporated in BNSS,
2023. What purposc the
regarding the right changes m_;:lol‘l:rve in
of the accused in com
coming times? plaint cases will s
(5)
Q7. (a) What is the judicial interpretati
Supreme Court of
on of the phrase “sufficient gmun{;rf;’)
India
(b) On what grounds theand various State High Courts?
order of issuing of summ ainst t.hc
accused u/s 227 BNSS, ons agains 51
2023 can be quashed?
)
UNIT IV
Q8 (a) On the death of Ramu, his wife
i Rani was married to his younger
brother -Shyamu by the parents, as per the local
“KATHA SINDOGOR”. After two ycars tr,admpp. nam_ed
an&thfimand stopped mainta Shy amu star ted living with
ining Rani. When Rani filed lhq
maintenance proceeding u/s 144
BNSS.Shyamu contended that
couldn't be termed as a “Wile” Rani
because the marriage was invalid
Section 7(1) Hindu Marriage as per
Act, 1955~ Decide i Tight
Interpretation of “wife” by of the
the Hon’ble Supreme Court
. circumstances whether pro in such
ceedings filed by Rani are
u/s 144 BNSS,2023. maintainable
(b) Judicial Interpretation
of “changed circumstances” (7.5)
alteration of maintenan for the purpose of
ce allowance u/s 146 BNS
S, 2023. (5)
Q9 (a) “M” an Executive OR
Magistrate in Indore rec
anonymous letter tha eives an informapon
t a “X» res by
ident of Meerut, U.P
previously involved in var who was
ious thefts and robberies
in Uttar Pradesh is

(b) In backdrop of Judici

al Interpretation by Hon’bl : (7.5)
India, on what ground e Supreme Court of
s prohibitory order u/s
Magistrate of “Internet sh 163 BNSS by Executive
utdown in any area due
public tranquillity till fur to disturbance of
ther order” be challenged
in Court of law. (5)
Rk
ok ek ke

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