Adv Parduman Garg & Gopal Academy

Chandigarh

Test 1 Total Time - 2 hours

Total questions - 120

Instructions
1) Each question for 4 marks
2) Negative marking of 1/3 for every wrong Ans

Code of Criminal Procedure (Paper 1)

1. The District Magistrate shall, in consultation with the Sessions Judge, prepare a
panel of names of persons, who are, in his opinion fit to be appointed as Public
Prosecutors or Additional Public Prosecutors for the district. Is it true?

(a) Yes.
(b) No
(c) No. The State Government shall, prepare a panel of names of persons, who are, in
his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutors
for the district.
(d) No. The District Magistrate shall prepare a panel of names of persons, who are, in
his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutors
for the district

2. Where the office of the Sessions Judge is vacant, the High Court may make
arrangements for the disposal of any urgent application which is, or may be, made or
pending before such Court of Session by an Additional or Assistant Sessions Judge,
or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial
Magistrate, in the sessions division; and every such Judge or Magistrate shall have
jurisdiction to deal with any such application. Is it true?

(a) Yes.
(b) No
(c) No. The State Government shall, make arrangements for the disposal of any urgent
application which is, or may be, made or pending before such Court of Session
(d) No. There is no such provision in the Code where the High Court may make
arrangements for the disposal of any urgent application which is, or may be, made or
pending before such Court of Session by an Additional or Assistant Sessions Judge,
or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial
Magistrate
In case of vacancy.

3. When any person is arrested and interrogated by the police, he shall be entitled to
meet an advocate of his choice -

(a) during interrogation

(b) throughout interrogation
(c) during interrogation, though not throughout interrogation
(d) at the time of interrogation
1

4. Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the
arrest, in his presence, within his local jurisdiction, of any person for whose arrest he
17. For recording of confessions under section 164, the Metropolitan Magistrate or
Judicial Magistrate -

(a) should have jurisdiction in the case

(b) need not have jurisdiction in the case
(c) may or may not have jurisdiction in the case
(d) no question of jurisdiction arises

18. In case of medical examination of the victim of rape under section 164A -

(a) consent of such woman or of a person competent to give such consent on her
behalf is required
(b) such woman shall be sent to such registered medical practitioner within forty-eight
hours from the time of receiving the information relating to the commission of such
offence
(c) The report prepared by the registered medical practitioner after examination of the
body shall specifically record that the consent of the woman
(d) Both (a) and (c)

19. The statements of witnesses recorded during the course of investigation under
section 161 shall be inserted in the case diary. Is this statement true?

(a) No.
(b) Yes. According to section 172 of the Code of Criminal Procedure, the statements
of witnesses recorded during the course of investigation under section 161 shall be
inserted in the case diary
(c) No. There is no such provision in the law
(d) No. The statements made under section 162 shall be inserted in the case diary.

20. The investigation in relation to rape of a child may be completed within -

(a) three months from the date on which the information was recorded by the officer
in charge of the police station.
(b) two months from the date on which the information was recorded by the officer in
charge of the police station.
(c) one month from the date on which the information was recorded by the officer in
charge of the police station.
(d) two weeks from the date on which the information was recorded by the officer in
charge of the police station.

21. If new discoveries are made and certain materials are found against the accused
which connects him to the alleged crime, the police can file it as a report under
Section 173(8) of the Code of Criminal Procedure, 1973 and can arrest the accused. A
report under Section 173(8) of the Code of Criminal Procedure, 1973. is also known
as a supplementary charge sheet and it is used to file new and additional findings of an
investigation. Is it true?

(a) Yes.
(b) No. No such additional report can be filed
(c) No. There is no such provision in the law
(d) No. The Police cannot arrest the accused while filing a report under section 173(8)
of the Code of Criminal Procedure 2

22. Which of the propositions are true regarding the inquests on suicide under section
174?
 29. Under
26. When an section
offence
188isofcommitted
the Code,whilst
no offence
the person
committed
by or outside
against India
whom,shall
or the
be thing
in respect
28.
inquired
Where into
of
two
which,
oror
tried
more
the
in Courts
India
offence
except
have
is committed
taken
with the
cognizance
previous
is in the course
of
sanction
the same
of of
performing
the
offence
- and a journey
a
or voyage,
question arises
the offence
as to which
may ofbethem
inquired
oughtinto
to or
inquire
tried by
into- or try that offence, the
question
(a) Centralshall
Government
be decided—
(a) a Court through or into whose local jurisdiction that person or thing passed in the
course
(a) if the
ofCourts
that journey
are subordinate
or voyageto the same High Court, by that High Court;
(b) if the Courts are not subordinate to the same High Court, by the High Court within
the local limits of whose appellate criminal jurisdiction the proceedings were first
commenced, and thereupon all other proceedings in respect of that offence shall be
discontinued
(b) any Court within whose local jurisdiction the offence was last committed

(c) any Court

(d) any Court within whose local jurisdiction the offence was first committed

27. Any Court is competent to try offences in respect of –

(a) Offences committed by a person charged with and tried at one trial

(b) Offences by several persons when charged with and tried together

(c) Either (a) or (b)

(d) Both (a) and (b)

(c) Both (a) and (b)

(d) Neither (a) nor (b)

(b) State Government

(c) Local Government

(c) Collector

30. The deceased, a boy of 11 years was found missing. Accused lodged FIR naming three
persons and stated that “he had taken the boy from Ram’s house on afternoon of January
19. He had kept himself concealed from their view nearby. He heard the sound of
something being thrown into the well. Those three persons then ran away, but he himself
remained sitting there throughout the night and then on peeping into well next morning,
observed crops of his son in the well”. Later the accused was arrested and prosecuted for
murder. In this case -

(a) The statement given by the accused may be admissible in evidence against him as an
admission under section 21 of the Evidence Act
(b) The statement given by the accused may be admissible in evidence against him as
showing his conduct under section 8 of the Evidence Act

3
(c) The FIR does not in any way disclose the guilt of the accused
(d) All of the above

31. Under section 197, no sanction is required in case of prosecution of certain offences as
they have no nexus with the performance of official duties. Which of the following are such
offences for which no sanction is required?

(a) Bribing
(b) Cheating
(c) Sale of Adulterated articles of food
(d) All of the above

32. An accused is arrested in a bailable offence and he is released on bail. During trial, he
absconds and non-bailable warrants are issued against him. The police arrest him and
produce him before the court. The defence counsel pleads for his release on bail under
section 436(1) Cr.P.C which provides that a person accused of a bailable offence shall be
released on bail. Can the court, in such circumstances, refuse to release him on bail? .

(a) Yes.
(b) No. The Court cannot refuse to release him on bail as Section 436 provides for an
indefeasible and absolute right to bail to the accused in a bailable offence.
(c) Yes. The Court can refuse to release him on bail as an exception to section 436 which
provides that a person who absconds or has broken the condition of his bail-bond (e.g.
failed to appear before the Court on the date fixed) when he was released on bail in a
bailable case on a previous occasion, shall not, as of right, be entitled to bail when brought
before the court on any subsequent date even though the offence may be bailable.
(d) No.

33. A forged receipt was filed by A in a civil suit that was filed against him by B. B
immediately files a complaint under section 467/471 IPC against A. A objects to the
maintainability of that complaint. In this case -
(a) the complaint filed by B under section 467/471 IPC against A discloses facts pertaining
to commission of offence by A. Hence, the complaint is maintainable and cognizable by the
Court.
(b) the Complaint is maintainable and cognizable by the Court as per section 191 of the
Code of Criminal Procedure
(c) the Complaint is not maintainable on the ground that it does not disclose facts relating to
commission of offence
(d) the Court may decide on the maintainability of the complaint after considering its
jurisdiction in the matter.

4
34. A is charged with the substantive offence of cheating under section 420 IPC while B
(who is tried together with A is charged with the abetment of that offence. In the present
case, there is

(a) no misjoinder of charges in view of section 223 of Criminal Procedure Code.

(b) no misjoinder of charges in view of section 220 of Criminal Procedure Code.
(c) no misjoinder of charges in view of section 221 of Criminal Procedure Code.
(d) misjoinder of charges in view of section 222 of Criminal Procedure Code.

35. A private complaint under 420 IPC is dismissed by the Magistrate in the absence of the
complainant at 11.30 a.m. Next day the complainant applies for restoration of his
complaint. He also assigned sufficient cause for his absence on the preceding day. The
Magistrate reviews the order of dismissal. Is the order valid?

(a) the order passed in review of the order of dismissal of complaint by the Magistrate is
valid as dismissal of the complaint was not on merit but on default of the complainant to be
present
(b) the order passed in review of the order of dismissal of complaint by the Magistrate is
not valid
(c) the order passed in review of the order of dismissal of complaint by the Magistrate is not
valid as despite giving sufficient reasons for his absence the complainant does not deserve a
second opportunity
(d) the order passed in review of the order of dismissal of complaint by the Magistrate is
valid in the eyes of law

36. A company lodged the FIR for offence under sections 408/420 I.P.C against X, it’s
former Divisional Manager. After completing the investigation, a report under section 173
Cr.P.C was sent to Magistrate stating that the case was of civil nature. The company lodged
a protest petition with Magistrate and sought permission to prove commission of offence by
X. Magistrate after perusing the investigation records, came to conclusion that prima facie
under section 408/420 IPC was made out and consequently issued process against X under
section 204 Cr.P.C. Legality of order was challenged on the ground that Magistrate had no
power to issue process without first complying with provisions of sections 200 and 202 of
Code. In this case -
(a) the order of the Magistrate issuing process against X under section 204 CrPC after
perusing the investigation records and arriving at a conclusion that prima facie case under
section 408/420 IPC was made out, was legal.
(b) the order of the Magistrate issuing process against X under section 204 CrPC after
perusing the investigation records and arriving at a conclusion that prima facie case under
section 408/420 IPC was made out was illegal
(c) it is not necessary and obligatory on the part of the Magistrate to hold an inquiry before
issuing process

5
(d) Both (a) and (c)

37. An officer of Department of Revenue Intelligence filed a complaint against X for an

offence under section 21 of Narcotics Drugs and Psychotropic Substances Act, 1985 before
a Magistrate and appended a list of 12 witnesses in support thereof. The said offence is
exclusively triable by Court of Session. The Magistrate examined the complainant and three
more witnesses from the said list during enquiry under section 202 Cr.P.C and issued the
process against X under section 204 of Code. X challenges the legality and the said order
on the ground that section 202 enjoins upon the Magistrate to examine all the witnesses of
the complainant in a case exclusively triable by Court of Session and non-compliance
thereof would render the order of issue of process to be void. In the present case -

(a) Non compliance of Section 202 has rendered the order of issue of process as void.
(b) Non compliance of Section 202 has not rendered the order of issue of process as void.
(c) Section 202(2) proviso is discretionary in nature
(d) The issuance of process under section 203 is discretionary.

38. During the investigation of a case, A’s statement is recorded under section 161, Cr.P.C.
At the trial, A is not examined as a prosecution witness but the accused examines him in his
defence. In his cross-examination by the State, the Prosecutor wants to contradict A by
reference to his said statement recorded section 161, Cr.P.C. The defence objects to it.
Which of the following is true?

(a) When a person whose statement has been recorded under section 161, is not examined
as a prosecution witness but as a witness in defence, the proviso to section 162(1) does not
come into play at all
(b) the prosecution cannot be allowed to confront such a defence witness with his previous
statement recorded under section 161
(c) Both (a) and (b)
(d) Neither (a) nor (b)

39. On 23.13.1988 the accused was arrested by the police for an offence under section 21 of
the Narcotic Drugs and Psychotropic Substances Act, 1985, having been found to be in
possession of One kg of heroin valuing at rupees one Crore in the International Market. The
charge sheet having not been filed within the prescribed period of 90 days, the Magistrate
enlarged the accused on bail on 22.07.1988. On 29.07.1988 the State moved on application
for cancelling of bail on the ground that the charge sheet has since then been filed, that the
offence alleged is of serious nature punishable with minimum sentence of 10 years rigorous
imprisonment and a fine of Rupees One Lakh, and that one accused from whom the
recovered heroin has been confessed to have been purchased is absconding, and

6
investigation in the case could not be completed within the time frame. Which of the
following is true?

(a) the application for cancelling of bail should be allowed since the offence alleged is of
serious nature punishable with minimum sentence of 10 years rigorous imprisonment and a
fine of Rupees One Lakh, and that one accused from whom the recovered heroin has been
confessed to have been purchased is absconding
(b) the application for cancelling of bail should be not allowed under any circumstances
(c) the application for cancelling of bail should be allowed since investigation in the case
could not be completed within the time frame.
(d) Both (a) and (c)

40. During his cross-examination by the defence, a prosecution witness admits (i) that he
had signed his statement recorded under section 161, Cr.P.C and (ii) that his said statement
was read over to him by the Police Officer outside the court room before he entered the
witness-box. It is contended by the defence that the entire testimony of this witness be
excluded from consideration. Which of the following is true?

(a) Merely because statement of witness was read over to witness outside the court room
before he entered into witness box by itself is not sufficient to throw away the testimony of
witness.
(b) The plea of defence that the entire testimony of this witness be excluded from
consideration, is tenable.
(c) Both (a) and (b)
(d) Neither (a) nor (b)

41. A lodged a report with the police for offences under sections 323, 342 read with section
34 IPC. After investigation, the police forwarded the final report which was accepted by the
Metropolitan Magistrate and the first information report was cancelled. A then filed a
complaint on the same facts against the same persons. After recording preliminary
evidence, the Magistrate passed the impugned order of summoning the accused persons.
Which of the following is true?

(a) the order passed by the Magistrate summoning the accused persons is valid.
(b) the order passed by the Magistrate summoning the accused persons is invalid.
(c) A Magistrate could take cognizance of a case upon a complaint even if he had earlier
refused to take cognizance of the case on a police report under section 173.
(d) Both (a) and (c)

42. Which of the following is true?

7
(a) Section 42 provides for arrest on refusal to give name and residence in case of
commission of non-cognizable offence
(b) Section 43 provides for arrest by private person and procedure on such arrest in case of
commission of a bailable offence by the offenders
(c) Both (a) and (b)
(d) Neither (a) nor (b)

43. In which of the following can the commitment of the case be made by the magistrate to
the Court of Session under the Code of Criminal Procedure?

(a) a case instituted on a police report

(b) a case instituted otherwise on a police report
(c) Both (a) and (b)
(d) Neither (a) nor (b)

44. If a report is made by the investigating police officer under section 173 and on such
report cognizance of any offence is taken by the Magistrate against any person who is an
accused in the complaint case, the Magistrate shall inquire into or try together the complaint
case and the case arising out of the police report as if both the cases were instituted on a
police report. Is the proposition true?

(a) Yes.
(b) No.
(c) No. If a report is made by the investigating police officer under section 173 and on such
report cognizance of any offence is taken by the Magistrate against any person who is an
accused in the complaint case, the Magistrate shall inquire into or try together the complaint
case and the case arising out of the police report as if both the cases were complaint case.
(d)Yes.There is a provision in section 210 of the Code of Criminal Procedure

45. Who can apply for withdrawal of charges under section 224 of the Code of Criminal
Procedure?

(a) Complainant
(b) Officer conducting the prosecution
(c) Both (a) and (b)
(d) Neither (a) nor (b)

46. Which of the following is true about procedure in cases instituted under section 199(2)?

8
(a) A Court of Session taking cognizance of an offence under sub-section (2) of section 199
shall try the case in accordance with the procedure for the trial of warrant-cases instituted
otherwise than on a police report before a Court of Magistrate:
(b) The person against whom the offence is alleged to have been committed shall, unless
the Court of Session, for reasons to be recorded, otherwise directs, be examined as a
witness for the prosecution.
(c) Every trial under this section shall be held in camera if either party thereto so desires or
if the Court thinks fit so to do.
(d) All of the above

47. The Director of Prosecution is appointed by the State Government in exercise of powers
under section 25A of the Code of Criminal Procedure. That his is a crucial role is evident
from conditions such as in section 25(2) of the Code, which stipulates a minimum legal
experience of not less than ten years for a person to be eligible to be Directorate of
Prosecution and that such an appointment shall be made with the concurrence of the Chief
Justice of the High Court. Is this true?

(a) No. The Director of Prosecution is appointed by the State Government in exercise of
powers under section 25 of the Code of Criminal Procedure
(b) Yes.
(c) No. A minimum legal experience of not less than seven years for a person to be eligible
to be Directorate of Prosecution
(d) No. Such an appointment shall not be made with the concurrence of the Chief Justice of
the High Court.

48. An appeal against the order of the High Court allowing the Criminal Revision by which
the High Court has set aside the order passed by the Chief Judicial Magistrate by which the
Magistrate had taken cognizance of the offences on the basis of the second supplementary
charge sheet filed by the police and ordered issuance of process to the respondent accused.
In such a case -
(a) The magistrate is not required to record reasons for before the issuance of process.
(b) The only mandatory requirement is that the magistrate must be satisfied that there are
sufficient grounds to proceed on the basis of police report.
(c) The magistrate is required to record reasons for before the issuance of process.
(d) Both (a) and (b)

49. At the stage of framing of charges, which of the following is considered by the Court?

(a) the Court prima facie see whether the accused has committed the offence
(b) the Court is not required to look into the merits of the case

9
(c) Court has to satisfy whether there is sufficient ground to proceed against the accused or
not
(d) All of the above

50. The provisions under the Code provides that the Court including the appellate court can
alter the charges any time before the judgment is passed. However, if any omission to frame
charge causes prejudice or there is failure of justice to the accused then it may vitiate the
trial. Is it true?

(a) Yes
(b) No. The Court including the appellate court can alter the charges any time
(c) Partly true.
(d) No. Any omission to frame charge does not vitiate the trial.

51. In which case it was held that the Magistrate can order further investigation even after
the court has taken cognizance of the case.

(a) Vinubhai Haribhai vs. State of Gujarat (2019) 17 SCC 1

(b) Dipak Bhai Jagdish Chandra Patel vs. State of Gujarat (2019) 16 SCC 547
(c) Parvat Singh vs. State of M.P, (2020) 4 SCC 33
(d) Satish Kumar Nyalchand Shah v. The State Of Gujarat, Criminal Appeal No. 353 OF
2020

52. The statements recorded under section 161 CrPC at the stage of investigation can only
be used for the purpose of proving contradictions or omissions and not to be used by
convicting the accused. Is it true?

(a) No. The statements recorded under section 161 CrPC at the stage of investigation can be
used for the purpose of proving contradictions or omissions and for convicting the accused.
(b) Yes
(c) No.The statements recorded under section 161 CrPC at the stage of investigation can
only be used for convicting the accused
(d) No.

53. The bar of section 162 CrPC becomes operative when the investigation starts and any
statement made before the stage of investigation

(a) is not barred under section 162 to be admissible in the Court.

10
(b) is barred under section 162 to be admissible in the Court
(c) may be barred under section 162
(d) is considered necessary

54. Under section 221 of the Code of Criminal Procedure, if a single act or series of acts is
of such a nature that it is doubtful which of several offences the facts which can be proved
will constitute -

(a) the accused may be charged with having committed all or any of such offences
(b) any number of such charges may be tried at once; or he may be charged in the
alternative with having committed some one of the said offences
(c) Both (a) and (b)
(d)Neither (a) nor (b)

55. Which of the following is true about charges?

(a) When a person is charged with an offence consisting of several particulars, a

combination of some only of which constitutes a complete minor offence, and such
combination is proved, but the remaining particulars are not proved, he may be convicted of
the minor offence, though he was not charged with it.
(b) When a person is charged with an offence and facts are proved which reduce it to a
minor offence, he may be convicted of the minor offence, although he is not charged with
it.
(c) When a person is charged with an offence, he may be convicted of an attempt to commit
such offence although the attempt is not separately charged.
(d) All of the above

56. The High Court may confer on any Magistrate invested with the powers of a Magistrate
of the second class power to try summarily any offence which is punishable only with fine
or with imprisonment for a term not exceeding six months with or without fine, and any
abetment of or attempt to commit any such offence. Is it true?

(a) Yes
(b) No
(c) Yes. According to section 261, The High Court may confer on any Magistrate invested
with the powers of a Magistrate of the second class power to try summarily any offence
which is punishable only with fine or with imprisonment for a term not exceeding six
months with or without fine, and any abetment of or attempt to commit any such offence.

11
(d) No. The High Court may confer on any Magistrate invested with the powers of a
Magistrate of the first class power to try summarily any offence which is punishable only
with fine or with imprisonment for a term not exceeding six months with or without fine,
and any abetment of or attempt to commit any such offence.

12
57. Whether delay in compliance of requirements of Section 157 Cr.P.C. by the police
officials is fatal to prosecution?

(a) Mere delay in compliance of Section 157 by itself is not fatal to prosecution.
(b) A doubt may be raised that the prosecution story may have been concocted at a later
stage.
(c) Mere delay in compliance of Section 157 by itself is fatal to prosecution.
(d) Both (a) and (b)

58. In which of the following the manner of committing offence need NOT be stated in
the charge?

(a) A is accused of the theft of a certain article at a certain time and place.
(b) A is accused of cheating B at a given time and place.
(c) A is accused of giving false evidence at a given time and place.
(d) All of the above

Whether presence of police during test identification makes statements by identifiers

fall within the ban of section 162 Cr.P.C.?

(a) When the identifications are held in police presence, the resultant communications
tantamount to statements made by the identifiers to a police officer in course of
investigation and they fall within the ban of section 162 of the Code.
(b) When the identifications are held in police presence, the resultant communications
tantamount to statements made by the identifiers to a police officer in course of
investigation and they do not fall within the ban of section 162 of the Code.
(c) When the identifications are held in police presence, the resultant communications
tantamount to statements made by the identifiers to a police officer in course of
investigation and they may fall within the ban of section 162 of the Code.
(d) When the identifications are held in police presence, the resultant communications
tantamount to statements made by the identifiers to a police officer in course of
investigation and they do not fall within the ban of section 161 of the Code.

60. In the case of an act of a policeman or any other public servant unconnected with the
official duty there can be no question of sanction. However, if the act alleged against a
policeman is reasonably connected with discharge of his official duty, it does not
matter if the policeman has exceeded the scope of his powers and/or acted beyond the
four corners of law. Is this true?

(a) Yes.
(b) Partly true
(c) Yes. The Court has held that the test for ascertaining whether sanction is necessary or
not is “whether the act is totally unconnected with official duty or whether there is a
reasonable connection with the official duty.”
(d) No. In the case of an act of a policeman or any other public servant unconnected with
the official duty sanction is required to be taken.

13
61. In case of an offence committed outside India –

(a) Such offence can be tried in India

(b) Such offence can be tried in India if subject to Indian laws

(c) No such offence can be tried in India

(d) No such offence shall be tried in India except with the previous sanction of the
Central Government

14
62. Whenever a charge is altered or added to by the Court after the commencement of
the trial, the prosecutor and the accused shall be allowed—

(a) to recall or re-summon, and examine with reference to such alteration or addition,
any witness who may have been examined, unless the Court, for reasons to be
recorded in writing, considers that the prosecutor or the accused, as the case may be,
desires to recall or re-examine such witness for the purpose of vexation or delay or for
defeating the ends of justice
(b) also to call any further witness whom the Court may think to be material
(c) Both (a) and (b)
(d) Neither (a) nor (b)

63. Which of the following is true?

(a) The general rule is for every distinct offence of which any person is accused there
shall be a separate charge, and every such charge shall be tried separately
(b) Where the Magistrate is of opinion that such person is not likely to be prejudiced
thereby, the Magistrate may try together all or any number of the charges framed
against such person on it’s own motion
(c) Both (a) and (b)
(d) Neither (a) nor (b)

64. If, after such consideration and hearing the Judge is of opinion that there is
ground for presuming that the accused has committed an offence which is not
exclusively triable by the Court of Session, he may -

(a) frame a charge against the accused

(b) by order, transfer the case for trial to the Chief Judicial Magistrate,or any other
Judicial Magistrate of the first class
(c) direct the accused to appear before the Chief Judicial Magistrate, or, as the case
may be, the Judicial Magistrate of the first class, on such date as he deems fit
(d) All of the above

65. In which of the cases, the accused be discharged under section 249 of the Code of
Criminal Procedure?

(a) when the complainant is absent

(b) when the offence may be lawfully compounded
(c) When the offence is not a cognizable offence
(d) All of the above

66. Which of the following is true?

(a) There is no provision for Compensation for accusation without reasonable cause
under the Code of Criminal Procedure
(b) Section 250 provides for Compensation15for accusation without reasonable cause
(c) The provisions of Section 250 apply to summons-cases as well as to warrant-cases.
(d) Both (b) and (c)
16
67. If the summons has been issued on complaint, and on the day appointed for the
appearance of the accused, or any day subsequent thereto to which the hearing may be
adjourned, the complainant does not appear, the Magistrate shall,

(a) acquit the accused

(b) adjourn the hearing of the case to some other day
(c) acquit the accused or adjourn the hearing of the case to some other day
(d) proceed with the case

68. Which of the following is true about withdrawal of complaint?

(a) Section 257 contains provisions for withdrawal of complaint

(b) If a complainant, at any time before a final order is passed in any case, satisfies the
Magistrate that there are sufficient grounds for permitting him to withdraw his
complaint against the accused, or if there be more than one accused, against all or any
of them, the Magistrate may permit him to withdraw the same
(c) The Magistrate shall thereafter acquit the accused against whom the complaint is
so withdrawn.
(d) All of the above

69. In which case can the proceedings be stopped at any stage without pronouncing
any judgment ?

(a) In any summons-case instituted otherwise than upon complaint

(b) In any summons-case instituted on a complaint
(c) In a case instituted on a police report
(d) In a case instituted otherwise than on police report

70. In which of the following cases can the offence be tried in accordance with the
procedure for warrant cases as per section 259 of the Code of Criminal Procedure?

(a) a summons-case relating to an offence punishable with imprisonment for a term

exceeding six months
(b) a summons-case relating to an offence punishable with imprisonment for a term
exceeding three months
(c) a summons-case relating to an offence punishable with imprisonment for a term
exceeding two months
(d) a summons-case relating to an offence punishable with imprisonment for a term
exceeding one month

71. Which of the following is NOT true regarding bail under section 436 of the Code
of Criminal Procedure?

(a) When any person other than a person accused of a non-bailable offence is arrested
or detained without warrant by an officer in charge of a police station, or appears or is
brought before a Court, and is prepared at any time while in the custody of such
officer or at any stage of the proceeding before such Court to give bail, such person
shall be released on bail.
(b) Such officer or Court, if he or it thinks fit, may, and shall, if such person is
indigent and is unable to furnish surety, instead of taking bail from such person,
discharge him on his executing a bond without sureties for his appearance as
hereinafter provided. 17
(c) Where a person is unable to give bail within two weeks of the date of his arrest, it
shall be a sufficient ground for the officer or the Court to presume that he is an
indigent person for the purposes of the proviso to this provision
79. Yes.
(c)
73.
76.
77. Which
Who
The
When amount
According
among
the
of the
person
of
the
following
every
to
following
required
section
bondis 436A,
true?
by
is
executed
empowered
anywhere
Court,
as per
aor
person
tosection
officer
directhas,
levy
to
440execute
during
-of amount
the
a bond
period
dueisonof
a minor,
certain
investigation,
recognizances.
such Court or inquiry
officer
under maythe
or trial
Code
accept,
under
of Criminal
inthis
lieuCode
thereof,
Procedure?
of an
a bond
offence executed
under any
- law
(notshall
(a) Before
beingbeany
anfixed
offence
person
withforis
duereleased
which
regardthe on
to punishment
the
bailcircumstances
or released
of death
onof his
has
theown
been
case
bond,
and
specified
a bond for such
as one
(b)
sum
(a) High
by
shall
ofaof
money
surety
not
Court
thebe punishments
as
or
excessive.
the
sureties
police only.
under
officerthatorlaw)
Court,undergone
as the casedetention
may be,for thinks
a period
sufficient shall
extending
(c)
be
(b) executed
may
Courtbeof up
reduced
by
Session
tosuch
one-half
byperson,
Theof High
the
andmaximum
when
Court he or is
the
period
released
Court
of imprisonment
ofonSession
bail, by one specified
or more sufficient
for Both
(d)
sureties
(c) that of
All offence
conditioned
(a)
theand
above
under
(b) thatthatsuch
law,person
he shallshall
be released
attend at by
thethetimeCourt
and on
place
hismentioned in
personal
the
(d) Chief
bond,bond
Judicial
and shall
withMagistrate
continue
or without sosureties:
to attend until otherwise directed by the police officer
74.Court,
or The bailas the
bonds
casetomay
appearbe. before the next appellate Court under section 437A shall
be in
(b)
78. Where
Who
forceamong
any
for -condition
the following
is imposed
is empowered
for the release
to order
of the
anyinsolvent
person onperson
bail, the
frombond
whom
shall security
such also containwas that
demanded
condition.to furnish fresh securities as per section 447 of the Code
(a)Criminal
of six months Procedure?
(b) three months
(c) two months
(d) one
(a) Court
month
by whose order such bond was taken, or
(b) Magistrate of the first class
75. Both
(c) What(a) persons
and (b)may be charged jointly?
(d) Court of Section
(a) persons accused of the same offence committed in the course of the same
transaction;
(b) persons accused of an offence and persons accused of abetment of, or attempt to
commit, such offence;
(c) persons accused of more than one offence of the same kind, within the meaning of
section 219 committed by them jointly within the period of twelve months
(d) All of them
(a) No.

(b) Partly true

(d) No. According to section 437, where a person has, during the period of
investigation, inquiry or trial under this Code of an offence under any law (not being
an offence for which the punishment of death has been specified as one of the
punishments under that law) undergone detention for a period extending up to one-
fourth of the maximum period of imprisonment specified for that offence under that
law, he shall be released by the Court on his personal bond with or without sureties

(c) Both (a) and (b)

(d) Neither (a) nor (b)

(b) by a guardian

(c) by a surety or guardian

18
85. Which
80.
81.
83.
84. Allthrough
Where
When
If, orders
any
of
a bond
the
passed
person
mistake,
following
underunder
is fraud
required
theis section
Code
or
trueotherwise,
by
of
regarding
446
any
Criminal
shall
Court
insufficient
discharge
be
Procedure
orappealable,—
officerofsureties
to
issureties
execute
for appearance
haveunder
a been
bond
theaccepted,
of
with
Code
a person
orof or
(a)they
in
without
Criminal
if aincase
the
afterwards
sureties,
and
Procedure?
caseitofissuch
an
forfeited
become
order
Courtmade
insufficient,
fororbreach
officer
by a Magistrate,
ofmay,
the
a condition,—
Court
except to
may
in
thetheSessions
case ofJudge;
a bond for good
(b) in the case
behaviour, permit
of an himorder
to deposit
made by a sum
a Court
of money
of Session,
or Government
to the Courtpromissory
to which annotes
appeal
to
liesissue
such
(a) the
All
from
amount
bond
oraanany
warrant
order
executed
as
sureties
themade
of
Court
arrest
by
forby
such
the
orsuch
directing
officer
attendance
person
Court.
may
that
as well
and
fix
theinappearance
person
aslieu
theofbond,
released
executing
ofif aany,
person
on such
bail
executed
released
be
bond.
brought
by
Ison
one
thisbail
or
(c) Both
more
true?
may
before atofitany
his
(a)time
sureties
and (b)apply in that
to a Magistrate
case shall stand to discharge
cancelled the bond, either wholly or so far as
(d) order
relates
(b) Neither
No to
such him
the(a)
person
applicants.
tonor
find(b)
shall
sufficient
be releasedsureties,
onlyand,
on onhis his
own failing
bond so in to
thatdo,case,
mayifcommit
the Police
him
Officer
(a)
(b)
to jail.
Yes
On such or theapplication
Court, as the being casemade,
may the
be, Magistrate
for appearance shallbefore
issue hiswhom warrant
the bond
of arrest
was
executed,
(b)
directing
No. that is satisfied
the person thatsothere
released
was no be sufficient
brought beforecause him.
for the failure of the person
bound
(c) Partly
On by
thetrue
the
appearance
bond to complyof such with personits pursuant
condition:to the warrant, or on his voluntary
(c) Both
(d)
surrender,
No. The (a)the
and
correct
Magistrate
(b) proposition
shall direct
is whentheany
bond person
to be is discharged
required by either
any wholly
Court ororofficer
so far
(d)execute
to
as relates
Neithertoa(a) the
bondnor
applicants,
with
(b) or without
and shall sureties,
call upon
suchsuchCourt person
or officer
to findmay,
other
permit
sufficient
him to
deposit aand,
sureties, sumifofhemoney fails toordoGovernment
so, may commit promissory
him tonotesjail. to such amount as the Court
or officer may fix in lieu of executing such bond.
82. Where a bond under this Code is for appearance, or for production of property,
before a Court and it is proved to the satisfaction of that Court, or of any Court to
which the case has subsequently been transferred, that the bond has been forfeited, or
where, in respect of any other bond under this Code, it is proved to the satisfaction of
the Court by which the bond was taken, or of any Court to which the case has
subsequently been transferred, or of the Court of any Magistrate of the first class, that
the bond has been forfeited, the Court shall

(a) record the grounds of such proof,

(b) may call upon any person bound by such bond to pay the penalty thereof or to
show cause why it should not be paid.
(c) Both (a) and (b)
(d) Neither (a) nor (b)
(d) by the minor

(d) All of the above

(c) Both (a) and (b)

(d) Neither (a) nor (b)

86. High Court appoints –

(a) Judge of a Court of session

(b) Additional sessions Judges

(c) Assistant sessions Judges

19
(d) All of the above

87. Who among the following will be empowered by the Sessions Judge to dispose
any urgent appointment in his absence?

(a) Additional or assistant Sessions Judge

(b) Chief Judicial Magistrate

(c) Either (a) or (b)

(d) Both (a) and (b)

88. Who among the following shall establish Courts of JMFC and JMSC?

(a) State Government

(b) High Court

(c) Central Government

(d) State Government in consultation with High Court

89. In a sub division, every sub divisional Judicial Magistrate shall have
superintendent and control over the work of –

(a) All Judicial Magistrates

(b) JM except Additional CJM

(c) JM except Assistant CJM

(d) JM of first class

90. If A is only charged with cheating and it appears that he committed the offence of
falsification of accounts or that of murder, then in that case –

(a) A can be convicted only for cheating and falsification of accounts and not for
murder

(b) A can be convicted only for cheating and not for falsification of accounts and
murder

(c)A can be convicted for cheating, falsification of accounts and murder.

(d) A cannot be convicted for all three offences together.

20
91. Every Chief Judicial Magistrate shall be ______ to the Sessions Judge and every
other Judicial Magistrate shall, subject to the _____ of the Sessions Judge, be _______
to the Chief Judicial Magistrate.

(a) Subordinate, general control, subordinate

(b) Under general control, supervision, subordinate

(c) Subject, supervision, subordinate

(d) Subordinate, control, subordinate

92. For every High Court, the Centre shall appoint –

(a) Public Prosecutor

(b) One or more additional Public Prosecutor

(c) Public Prosecutors for any district or local area

(d) All of the above

93. A person shall be eligible to be appointed as a ________ only if he has been in

practice as an advisor for not less than 7 years

(a) Public Prosecutor or an Additional Public Prosecutor

(b) Public Prosecutor or Assistant Public Prosecutor

(c) Public Prosecutor only

(d) Public Prosecutor and Special Public Prosecutor

94. The victim may be permitted to engage of advocate of his choice to assist –

(a) A Public Prosecutor

(b) An Additional Public Prosecutor

(c) Special Public Prosecutor

(d) Assistant Public Prosecutor

95. Which of the following is true?

i. No police officer shall in any case be eligible to be appointed as an Assistant

Public Prosecutor

21
(d)within four months from the date on which the offence is alleged to have been
committed
ii. The District Magistrate may appoint any other person to be the Assistant Public
Prosecutor in charge of any case

iii. The District Magistrate may appoint a Public Officer as an Assistant Public
Prosecutor

iv. A Public Officer shall not be so appointed if he has investigated the offence
with respect to which the accused is being prosecuted; or if he is below the rank of
inspector.

Choose the correct code

(a) i, ii and iv

(b) ii, iii and iv

(c) i, ii and iii

(d) i, iii and iv

96. The complaint for defamation under section 199 of the Code of Criminal
Procedure shall be made -

(a) within six months from the date on which the offence is alleged to have been
committed.

(b)within three months from the date on which the offence is alleged to have been
committed

(c)within two months from the date on which the offence is alleged to have been
committed

97. The offences under section 376, 376A, 376B, 376C, 376D or 376E of I.P.C. shall
be tried by –

(a) High Court

(b) Court of Session

(c) Metropolitan Magistrate

(d) Court presided over by a woman

22
98. In case of offences committed by juveniles, the age of sixteen years is to be
computed –

(a) At the date when appears or is brought before the Court

(b) At the time when the offence was committed by him

(c) At the time when the juvenile turns sixteen

(d) None of these

99. Which Court has jurisdiction to try offences with respect to juveniles?

(a) Court of Chief Judicial Magistrate

(b) Any Court specially empowered under the Children Act, 1960

(c) Any Court specially empowered under any other law for the time being in force
providing for the treatment, training and rehabilitation of youthful offenders.

(d) Either (a) or (b) or (c)

100. An additional session’s judge –

(a) Can pass any sentence authorized by law

(b) Cannot pass any sentence authorized by law

(c) Can pass sentence subject to confirmation by High Court

(d) May pass any sentence authorized by law but any sentence of death shall be
subject to confirmation by the High Court

101. The imprisonment awarded in default of fine under section 30 –

(a) May be in substitution to a substantive sentence of imprisonment for the maximum

term awardable by the magistrate under section 29.

(b) May be in addition to a substantive sentence of imprisonment for the maximum

term awardable by the magistrate under section 29.

(c) Will be in substitution to a substantive sentence of imprisonment for the maximum

term awardable by the magistrate under section 29.

(d) May be more than the substantive sentence of imprisonment for the maximum
term awardable by the magistrate under section 29.

102. Consider the following statements –

23
(i) In case of conviction of accused at one trial of two or more offences, the Court may
direct the punishments awarded for the offences to run concurrently

(ii) In case of conviction of accused at one trial of two or more offences, the
punishments shall be undertaken one after another unless the Court directs that such
punishment shall run concurrently

(iii) For the purpose of appeal by a convicted person in case of consecutive sentences,
each sentence shall be taken as single sentence and not the aggregate will be counted

(iv)When the aggregate punishment for several offences in case of consecutive

sentences exceeds the punishment which the Court is competent to inflict on
conviction of a single sentence, the Court shall send the offender for trial before a
higher Court

Which is correct?

(a) i, ii, and iii (b) i and ii

(c) Only ii (d) all of these

103. Who amongst the following may withdraw all or any of the powers conferred by
it on any person or on any officer subordinate to it?

(a) High Court or State Government

(b) Chief Judicial Magistrate or District Magistrate

(c) Both (a) and (b)

(d) State Government or Central Government

104. Which of the following is true?

(a) There is a provision in the code for aid of any other person in execution of warrant
to arrest an accused

(b) Public may at their discretion assist the Magistrate or police

(c) Every person who is aware of the commission of an offence is not bound to
forthwith give information to the nearest magistrate or police officer of such
commission.

(d) The term “offence” as defined in section 39 does not include any act committed at
any place out of India

24
107. Under section 191, at what stage should the accused be informed that he is
entitled to have the case inquired into or tried by another Magistrate?

(a) Before any evidence is taken

105. In which of the following cases, the charge of Criminal Breach of Trust or
dishonest misappropriation of money or other movable property shall be deemed to be
charged of one offence under section 219?

(a) When the time included between the first and last of dates of commencement
of offence does not exceed one year

(b) When the time included between the first and last of dates of commencement
of offence exceeds one year

(c) When the time included between the first and last of dates of commencement
of offence does not exceeds two years

(d) When the time included between the first and last of dates of commencement
of offence does not exceeds three years

106. Consider the following statements with respect to alteration or addition of charge
–

i. A Chief Judicial Magistrate may alter or add to any charge at any time before
judgement is pronounced

ii. The alteration need not be explained to the accused

iii. If the alteration or addition is such that proceeding with the trial is likely to
prejudice the accused, the Court may either direct a new trial or adjourn the trial

iv. If the added or altered charge is such that for which a previous sanction is
necessary, the case shall be proceeded with pending sanction

Which is correct?

(a) i, ii, iii and iv

(b) i and iii

(c) i and ii

(d) iii and iv

(b) After any evidence is taken

(c) At the time of taking evidence

25
(d) Before the final hearing

108. Point out the incorrect statement–

(a) In cognizable offence any police officer may without an order form a
Magistrate and without a warrant arrest any person

(b) A private person may arrest or cause to be arrested nay person committing a
cognizable offence

(c) An Executive Magistrate may arrest the offender when any offence is
committed in his presence and within his jurisdiction

(d) None of these.

109. Save in exceptional circumstances, no woman shall be arrested after Sunset and
before Sunrise, and where such exceptional circumstances to arrest exist, the woman
police officer shall obtain the prior permission of the following:

(a) District Magistrate

(b) Superintendent of Police

(c) Judicial Magistrate of the First Class

(d) Sessions Judge.

110. When can the accused be discharged under section 249?

(a) When the proceedings have been instituted upon complaint, and on any day
fixed for the hearing of the case, the complainant is absent

(b) when the offence may be lawfully compounded or is not a cognizable offence,

(c) when the Magistrate may, in his discretion, at any time before the charge has
been framed, discharge the accused

(d) All of the above

26
111. In which of the following cases, the Supreme Court issued guidelines for issuing
non bailable warrants?

(a) Inder Mohan Goswami v. State of Uttaranchal

(b) Hussainara Khatoon v. Home Secretary
(c) CBI v. Dawood Ibrahim Kaskar
(d) None of the above

112. The Supreme Court has issued guidelines while effecting the arrest of a
subordinate judicial officer in the following cases -

(a) Delhi Judicial Service Association v. Delhi Administration

(b) Citizens for democracy v. State of Assam
(c) Delhi Judicial Service Association v. State of Gujarat
(d) Peoples Union for Human Rights v. Union of India

113. In State of Telegana vs. Habib Abdullaha, it was held:

(a) Police have no right to investigate unles judiciary gives directions
(b) Police has statutory right to investigate without any interference or directions from
judiciary
(c) Police to upload FIR within 24 hours of its registration
(d) None of the above

114. In which of the following cases, it was directed by the Supreme Court that FIR
should be uploaded within 24 hours on police website?

(a) Rahul Saraf v. UOI

(b) Youth Bar Association of India v. UOI
(c) Mohamed Farid Jafer Shaikh v. The State of Maharashtra
(d) Manoj Narula v. UOI

115. In which case, it was held that at the time of framing charge or taking
cognizance, accused has no right to produce any material?

(a) Anil Royal v. State of Bihar

(b) State of Orissa v. Debendra Nath Padhi

(c) Bani Singh v. State of Uttar Pradesh

(d) Pratap Singh v. State of Jharkhand

27
116. The distinction between a police investigation ordered under Section 156(3) and
the one directed under section 202 of Code has been clearly brought out by the
Supreme Court in -

(a) Devarapalli Lakshminarayana Reddy v. N. Narayana Reddy

(b) Smt. Nagawwa v. Veerama Shivalingappa Konjalgi

(c) Kewal Krishnan v. Suraj Bhan

(d) Dr. S.S. Khannav. Chief Secretary

117. “The case arising out of a second FIR, if relating to a separate transaction, cannot
be investigated along with a previous FIR under the clause ‘further investigation’ as
contemplated under subsection 8 to section 173 of the Code of Criminal Procedure”,
this ruling has been held in which judgment?

(a) Awadesh Kumar Jha v. State of Bihar 2016

(b) Pattu Rajan v. State of Tamil Nadu, 2019

(c) Alok Kumar v. Union of India & Anr., 2019

(d) Gopalakrishnan @dileep vs. State of Kerala and anr 2019

118. In which case it was held that delay in lodging FIR is one of the factors court
takes into consideration as it throws a doubt on the veracity of the version of FIR?

(a) Palani vs. State of Tamil Nadu (2020) 16 SCC 401

(b) Rajeshbhai Muljibhai Patel and Others vs. State of Gujarat and Another, 10th
February 2020

(c) Bikash Ranjan Rout vs State, (2019) 17 SCC 326

(d) Ramswaroop Soni vs. State of M.P., AIR 2019 SC 3801

119. In which case it was held that magistrate on receiving closure report cannot
direct the police to file charge sheet?

(a) Palani vs. State of Tamil Nadu (2020) 16 SCC 401

(b) Rajeshbhai Muljibhai Patel and Others vs. State of Gujarat and Another, 10th
February 2020

(c) Bikash Ranjan Rout vs State, (2019) 17 SCC 326

(d) Ramswaroop Soni vs. State of M.P., AIR 2019 SC 3801

28
120. The case Saravan vs. State (2020) 9 SCC 101 is related to -

(a) default bail

(b) anticipatory bail

(c) maintenance

(d) investigation by police_

29