85 exam-style questions on this chapter, written from the actual legal text and tagged for UPSC, Judiciary and CLAT. Five are shown below with answers and explanations — the rest are in the free interactive drill.
Q1 · easy · BNSS S.100
Which authority or authorities may issue a search-warrant under Section 100 (Search for persons wrongfully confined)?
- A.District Magistrate, Sub-divisional Magistrate or Magistrate of the first class✓ correct
- B.Only the District Magistrate
- C.Any judicial officer
- D.Any police officer
Why: The provision expressly states that 'If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe ... he may issue a search-warrant.' Thus those three specified magistrates may issue the warrant.
Read Section 100 — Search for persons wrongfully confined →Q2 · easy · BNSS S.100
What is the primary purpose of the search-warrant under this provision?
- A.To search for stolen property
- B.To arrest a person for a non-bailable offence
- C.To search for a person believed to be confined under circumstances amounting to an offence✓ correct
- D.To search premises for illegal documents
Why: The provision authorizes issuance of a search-warrant when the magistrate 'has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence', and the warrant is to 'search for the person so confined.' Hence the purpose is to search for such a person.
Read Section 100 — Search for persons wrongfully confined →Q3 · medium · BNSS S.100
Who may carry out the search under the warrant issued under Section 100?
- A.Any police officer
- B.The person to whom such warrant is directed✓ correct
- C.The District Magistrate who issued the warrant
- D.Any private citizen
Why: The provision states that 'the person to whom such warrant is directed may search for the person so confined,' indicating that the search is to be conducted by the person named in the warrant.
Read Section 100 — Search for persons wrongfully confined →Q4 · medium · BNSS S.100
If the person being searched for is found pursuant to the warrant, what must immediately happen according to the provision?
- A.The person must be released immediately
- B.The person shall be handed over to the local police for further investigation
- C.The person may be detained by the searcher until a trial commences
- D.The person shall be immediately taken before a Magistrate, who shall make such order as in the circumstances seems proper✓ correct
Why: The provision requires that the person, if found, 'shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.' It does not provide for immediate release or retention by the searcher.
Read Section 100 — Search for persons wrongfully confined →Q5 · hard · BNSS S.100
If a District Magistrate issues the search-warrant, must the person found be taken before that same District Magistrate?
- A.Yes — the person must be taken before the very Magistrate who issued the warrant
- B.Yes — only the District Magistrate who issued the warrant can make the subsequent order
- C.No — the provision requires the person to be taken before 'a Magistrate', not necessarily the issuer✓ correct
- D.No — the person must be taken before a higher court judge
Why: The provision states the person 'shall be immediately taken before a Magistrate,' using the indefinite article and not specifying the issuer; therefore it does not require that the same magistrate who issued the warrant be the one before whom the person is brought.
Read Section 100 — Search for persons wrongfully confined →80 more questions on Processes To Compel The Production Of Things
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