95 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.478
Under Section 478(1) of the Bharatiya Nagarik Suraksha Sanhita, when must a person (other than a person accused of a non‑bailable offence) be released on bail?
- A.When arrested or detained without warrant by the officer‑in‑charge, or appears/is brought before a Court and is prepared at any time while in custody or at any stage of the proceeding to give bail.✓ correct
- B.Only when arrested with a warrant and produced before a Magistrate.
- C.Only if formally charged and the trial has commenced.
- D.Only after the Court records reasons for granting bail in writing.
Why: Section 478(1) states that such a person, when arrested/detained without warrant or brought/appearing before a Court and prepared to give bail at any time while in custody or at any stage, shall be released on bail. The provision explicitly covers arrest without warrant and appearance before Court as grounds for release on bail.
Read Section 478 — In what cases bail to be taken →Q2 · easy · BNSS S.478
If a person is indigent and unable to furnish surety, what alternative does the officer or Court have under Section 478(1)?
- A.Release the person without any bond or undertaking.
- B.Discharge the person on his executing a bond for his appearance instead of taking a bail bond.✓ correct
- C.Remand the person until a surety is procured.
- D.Require payment of cash bail only.
Why: The proviso to Section 478(1) provides that if the officer or Court thinks fit, and shall if the person is indigent and unable to furnish surety, it may discharge him on his executing a bond for his appearance instead of taking a bail bond. Thus executing a bond for appearance is the specified alternative.
Read Section 478 — In what cases bail to be taken →Q3 · medium · BNSS S.478
Under the Explanation to Section 478, what is the legal effect if a person is unable to give a bail bond within a week of the date of his arrest?
- A.It is conclusive proof that the person is indigent.
- B.The officer or Court must immediately release the person without any bond.
- C.It shall be a sufficient ground for the officer or the Court to presume that he is an indigent person.✓ correct
- D.It automatically invokes subsection (3) of section 135.
Why: The Explanation to Section 478 states that inability to give a bail bond within a week of arrest shall be a sufficient ground for the officer or Court to presume the person is indigent. The text uses the phrase 'sufficient ground to presume', so the presumption arises from that inability.
Read Section 478 — In what cases bail to be taken →Q4 · medium · BNSS S.478
A person previously failed to attend at the time and place required by his bail bond. On a later occasion in the same case he is brought before the Court in custody. What may the Court do under Section 478(2)?
- A.The Court must refuse to release him on bail.
- B.The Court must release him on bail if he requests it.
- C.The Court cannot consider past non‑compliance when deciding bail.
- D.The Court may refuse to release him on bail, and such refusal is without prejudice to calling on any person bound by the bond to pay the penalty under section 491.✓ correct
Why: Section 478(2) provides that where a person has failed to comply with bond conditions as to time and place of attendance, the Court may refuse to release him on bail on a subsequent occasion in the same case. It further states such refusal is without prejudice to the Court's power to call upon those bound to pay the penalty under section 491.
Read Section 478 — In what cases bail to be taken →Q5 · hard · BNSS S.478
Does Section 478, by its terms, affect the provisions of sub‑section (3) of section 135 or section 492?
- A.No — nothing in Section 478 shall be deemed to affect those provisions.✓ correct
- B.Yes — Section 478 overrides those provisions whenever bail is taken.
- C.It affects them only when the accused is indigent and cannot furnish surety.
- D.It suspends those provisions for offences tried by a Court under Section 478.
Why: The proviso to Section 478(1) expressly states that 'nothing in this section shall be deemed to affect the provisions of sub‑section (3) of section 135 or section 492.' Therefore Section 478 does not affect those provisions according to its own text.
Read Section 478 — In what cases bail to be taken →90 more questions on Provisions As To Bail And Bonds
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