CrPC Problems (KSLU 3rd Sem LLB Question Papers )

FIR A teacher raped his student twice and threatened her not to June-2011
disclose it to anybody. After three months she complained
stomach ache to her mother on medical examination it was
found that she is pregnant. After that FIR was lodged. Can
delay in filing FIR be condoned? Give reason

Police has recorded information regarding a cognizable Jan-2012

offence in his police station diary on the basis of a phone call.
Can it be regarded as FIR Dec2018[onb]

A Telephonic message was received by an officer-in-charge of June-2015

a police station reporting the commission of dacoity and
requesting for help. The police officer immediately left the
police station and rushed to the spot where he recorded
detailed statement of the complainant about the occurrence
Will the statement be treated as first information report ? De

A police officer has recorded information regarding a June-2016

cognizable offence in his police station diary on the basis of a
phone call.
Can it be regarded as FIR ?
Raju goes to city police station of Shimoga to give information March-
about a cognizable offence. The police officer refuses to 2021[80M]
register first information report. What is the next course of
action available to Raju

Sentencing ‘An assistant sessions judge sentences an accused to 7 years’ June-2013

rigorous imprisonment. Whether judge has power to impose
Power of
such sentence? Decide.
Judges

Power of X’ a police officer who is making investigation of a case has June-2016

Police come to know that a women residing within limits of his
police station is acquainted with facts of the case. Can he
require her to appear in the police station to give information

Unit -II

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Charge ‘A’ is accused of a theft on one occasion and causing grievous Jan-2011
hurt on another occasion. Can ‘A’ be charged and tried in one
trial ? Give reasons.

A is accused of a theft on one occasion and of causing Dec-2014

grievous hurt on another occasion. Two offences were
included in one charge and were tried together in single trial Dec2019[onb]
by the magistrate and was convicted. Decide the validity of
the order

A’ commits robbery on ‘B’ and in doing so voluntarily causes Jan-2011

hurt to him. Can he be separately charged and convicted for
these offences in the same trial.

A’ is accused of an offence. The court has altered the charge June-2012

without explaining it to him. ‘A’ is convicted for the said
offence.
Is the conviction legal
‘A’ is charged for theft of a certain articles at a certain time Dec-2012
and place . The manner in which the theft was committed,
does it amounts to charge framed against ‘A’

‘X’ and ‘Y’ assisted ‘Z’ to kill ‘A’ by providing ‘Z’ the weapons Dec-2012
which was used to kill ‘A’. Whether ‘X’, ‘Y’ and ‘Z’ are charged
jointly or separately for the same offence. Advise.

‘A’ is accused of an act which may amount to theft or June-2014

receiving the stolen property or criminal breach of trust or
cheating. How he may be charged

X is accused of an act which may amount to theft or Dec-

receiving he stolen property or criminal breach of trust or 2019[80M]
Cheating.How he may be charged?

Warrant by A court of Judicial Magistrate of First-class issues a warrant Jan-2011

Magistrate of arrest directing the police to arrest the proprietor of a firm
without mentioning the name or description of the proprietor.
Is the warrant of arrest valid ? Give reasons

A Magistrate issues a warrant of arrest for production of a June-2014

person before a particular police officer. Is it valid?

‘A’ misappropriates the money from a company in Bangalore Dec-

and runs away. The police gets the information that he is in 2017[ob]
Sri Lanka. The Executive Magistrate issues warrant to arrest
him under Sec. 72 (1) of Cr.P.C. Whether this warrant can be
executed? Give reasons.

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Defamation Mr. X commits a defamation of Mr. Y, a Yoga Guru. Can a June-2011
disciple of Mr. Y file a complaint for the deformation? Decide
with reasons.

A Kerala State newspaper published the fact of insufficiency Jan-2012

of sandal-wood pieces for cremation of Rajiv Gandhi, the
President of Indian National Congress. Can a member of
Indian National Congress file a complaint against Newspaper
for defamation?
Decide
A newspaper containing defamatory article concerning ‘Z' a Dec-2013
resident of Hubli working in Mysore is printed and published
at one place and is circulated at another different place
including Hubli and Mysore. The Magistrate Court of which
place has the jurisdiction to entertain complaint by ‘Z' ? Give
reason

Trail Mr. ‘A’ has committed four offences of embezzlement within a June-2011
period of one year.Can he be tried for all offences at one trial

Accused on A is accused of theft on one occasion and causing grievous

theft on one hurt on another occasion. Can A be charged and tried on one
occasion trial? Dec2019[80M]

grevious Give reasons.

hurt on 'A' is accused of a theft on one occasion and of causing Dec-
another grievous hurt on another occasion. Two offences were 2021[80M]
included in one charge and were tried together in single trial
by the Magistrate, A was convicted. Decide the validity of the
order of conviction

Bail Santosh and Suresh, accused in a non-bailable offence, are June-2012

in judicial custody for more than 3 months and the police
have not filed charge sheet against them. Now they want to Dec-2016
seek bail as of right. Will they succeed

An accused is arrested in a bailable offence and he is June-2015

released on bail. During trial, he absconds and non-bailable
warrant is issued against him. The police arrests him and
produces him before the court. The defence counsel pleads
for his release on bail under section 436(1), CrPC, which
provides that a person accused of a bailable offence shall be
released on bail. Whether court can release him on bail or
not. Decide

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 A makes an application for regular bail in the Court of Dec-2014
Session. The application is rejected. Now he wants to make a
fresh application for anticipatory bail under Section 438 Dec2021[80M]
Cr.p.c. in the High Court. Advise him.

Complaint ‘A’ finds that ‘B’ has been beaten and injured badly by a Dec-2012
group of persons. Next day ‘A’ filed a complaint against some
of the persons of the group whom ‘A’ has recognized. Can the
court take cognizance of the complaint

Sec 133 A’ carried on the trade of auctioning vegetables in a private Jan-2011

house. Those persons who brought vegetables for sale kept
their carts on the public road in a manner causing
obstruction to road traffic. The noise caused by auctioning
the vegetable caused discomfort to the people living in the
locality. The executive magistrate on receiving the
information posses* an order under Section 133 of Cr PC
restraining A from auctioning the vegetables. A challenge the
order. Advice

*
Printing error -should be passes
A’ is carrying on the licenced trade of selling liquor , adjacent Dec-2015
to Hubballi Bus Stand. A’s servants openly soliciting public
to consume liquor in a manner causing discomfort to the
public. The noise caused by selling liquor caused discomfort
to the people living in the locality and pedestrians. Executive
magistrate on receiving the information posses an order
under S. 133 of Cr.Pc. restraining ‘A’ from selling the
liquor.A challenges the Order.Advice

Security for A Magistrate directs ‘B’ to execute a bond for maintaining Dec-
Good good behaviour for a period of two years. Discuss the validity 2017[ob]
behaviour of the order.

Dec2021[80M]

Jurisdiction ‘Son’ dispossesses the ‘father’ from the ancestral house where Dec-
of both father and son are co-owners and in respect of which 2017[ob]
partition is yet to take place. Father lodges a complaint against
Magistrate his son. Whether the magistrate has the jurisdiction to take the
cognizance in the matter ? Decide

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 Unit -III

Sec 107 The Executive Magistrate initiates proceedings against two Jan-2011
hostile groups under section 107 of Cr.PC. The hostile parties
proceeded against are bound over in the same proceeding. Is
exercise of power by the executive magistrate sustainable ?
Decide giving reasons.

Pardoning A case is committed to Judicial Magistrate of First class for trial Jan-2011
by a Sessions Court under S-307 of Cr.PC which court has the
jurisdiction and power that could tender pardon to the accused
? Decide giving reasons

Maintenanc ‘W’ obtained order for payment of maintenance from the court June-2011
e of magistrate at Delhi against ‘H’. After that ‘H’ came and
settled at Hubli. One magistrate passed execution of the order
of maintenance at Hubli. Is it valid? Give reasons.

H’ is the husband of ‘W’, ‘H’ undergone second marriage with Dec-2012

‘S’.
‘W’ wants to claim maintenance from ‘H’. Advise ‘W’.
Ramappa, aged 65 years, intends to claim maintenance from his June-2013
married daughter, Ramya. Advise him

C is the married daughter of K and L who lives in her Dec-2013

husband’s home. Now the parents of K and L file an application
before the court of Magistrate claiming maintenance u/s 125 of
Cr PC from
“C” married daughter. Decide giving reasons

‘A’ is the husband of ‘B’. ‘A’ again married ‘C’. After sometime he Jan-2012
neglected ‘C’. ‘C’ wants to claim maintenance from ‘A’. Advise
her

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 Ramesh got divorce degree against his wife Rekha. Now Rekha June-2012
intends to claim maintenance from Ramesh. Advice her

‘A’ a Hindu married ‘B’ without divorcing his first wife ‘C’. ‘A’ has June-
neglected ‘B’. Can ‘B’ claim maintenance from ‘A 2019[onb]

A is the husband of B.A takes holly order.B desires to claim Dec-

maintenance from A .Can B claim maintenance 2020[onb]

A' obtains a decree of divorce against her husband B and also Dec-
obtains maintenance from her husband under Sec. 125 of Cr. P.C. 2021[80M]
After 2 years she marries 'C'. Now 'B wants to apply for
cancellation of maintenance order. Advise B

Language ‘A’ a Telugu speaking accused is tried at Hublic court. All June-2012
witnesses deposed in Kannada. ‘A’ wants the same to be
interpreted to him in Telugu. The court rejects his prayer. Decide

‘A’ a Tamilu speaking accused is tried at Dharwad court. All June-2016

witnesses deposed in Kannada. ‘A’ wants the same to be
interpreted to him in Tamilu. The court rejects his prayer. Decide

ConvictionC ‘A’ is charged before the court of session and convicted of the Jan-2012
ulpable culpable homicide of ‘B”. Can ‘A’ may afterword’s be tried on the
homicidesub Dec2019[onb]
sequent same facts for the murder of ‘B
death

Death A is tried for causing grievous hurt to B and convicted dies. Dec-2013
postconvicti Discuss the consequences of death of B under Cr PC
on to Dec-2016
grievous
hurt offence
‘A’ is tried for causing grievous hurt and convicted. The person June-2014
injured afterword’s dies. Can he be tried again
Dec2019[80M
]

‘A’ was tried for causing grievous hurt and convicted. Later on June-
injured person died. Can ‘A’ be tried again on the same facts for 2019[onb]
the offence of culpable homicide ?

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Detention till A Criminal Court passes an order authorising the June-2014
Order Superintendent of the District Jail to detain ‘B’ to accused till
further orders. Decide.

Judgement ‘A’ is an accused of killing ‘B’. ‘A’ was tried before ‘Dharwad June-
Sessions Court. Court convicted him but sentence of 2017[ob]
imprisonment was not announced. In the meanwhile Judge was
removed from the post (Job). ‘A’ accused wants to challenge the
order and its Jurisdiction. Decide.

Unit -IV

Appeal A and B were convicted for criminal breach of trust and sentenced June-2011
for one year’s rigorous imprisonment and a fine of Rs. 1,000/-
Both A and B filed an appeal in the High court. B died pending
appeal. Subsequently the High court passed an order on A’s
appeal, reversing his conviction. There after one of B’s relatives
applied to the High court to set aside the conviction of ‘B’ and
order the fine be refunded. How such an application should be
decided by the court?

A first-class magistrate convicts ‘X’ on his plea of guilty. ‘X’ desires June-2013
to appeal against the conviction. Decide.
Dec2019[80M]

A is charged with the offence of theft.A pleads guilty.Court convicts Dec-

A. Can A file an appeal. 2020[onb]

Sec-144 The workers of ‘A&B Company’ are members of two unions. As a Jan-2011
result of differences between the two unions there has been public
disturbances. Now to stop the public disturbances the district
Magistrate promulgates an order under S-144 of crpc. In said
order of the District Magistrate prohibits assembly of 5 or more
persons and shouting provocative slogans in certain specified
areas. The order is to remain enforce for a period of 30 days. Is
the order valid? Give reasons

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 The district Magistrate while passing an order U/S 144 of Cr PC Dec-2013
asks “A” from abstain from doing certain acts and “B” to act
under certain order. Now “A” and “B” challenge the order of the

District Magistrate on the ground that he has passed order against

more than one person. Decide

Acquittal A’ is accused of commiting theft from house of ‘B’. The subject June-2012
matter of the alleged theft is seized. The court acquits ‘A’ but
orders for the delivery of subject matter to ‘B’. Is the order valid.

A’ is prosecuted for being in possession of certain obscene books. June-2013

The magistrate acquits A, but directs that book should be
confiscated and destroyed. Discuss the legality of the order.

Disposal of A court issue a proclamation against ‘D' without mentioning the Dec--2013
Property time within which and the place at which the absconding ‘D'
should present himself and proceed to sell his movable properties.
Advice ‘D'.

Limitation A compliant for defamation was filed by B against D. But it was Dec-2013
dismissed. Subsequently a compliant was again filed by B. Now
the court has to decide the entertainability of the Compliant
having regard to the limitation period. From which date the
limitation period would commence. Give reasons.

A court takes cognizance of an offence of Murder three years after Dec-2016

the date of alleged murder.Accused pleads that this is barred by
limitation .Decide

A court took cognisance of an offence of murder after 50 years of Dec-

after the date of alleged murder. Accused pleads that this is 2020[onb]
barred by limitation.Decide.

Death )More than two years ago ‘A’ was sentenced to death but the June-
Penalty- sentence has not been executed so far. ‘A’ moves to the court that 2018[onb]
Delay in his death sentence be commuted to imprisonment for life as there
execution was under delay in the execution of death sentence.
Decide.

To identify Unit No Without the orders of the higher authorities, the officer of the
armed force fires on the members of unlawful assembly and caused the death of B.

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Now the dependent of the deceased wants to claim compensation. Advise him [Dec-
2014] [Dec2018][onb]

‘A’ is an high ranking Police Officer outraged the modesty of an I.A.S. Lady
Officer ‘L’. A complaint was filed against ‘A’ under Sections 341, 342, 353, 354
and 509 of I.P.C. The police investigated the matter and submitted a report
under Section 173 of Cr.Pc. recommending discharge of the accused.
Consequently magistrate discharged an accused without hearing the
complainant and without quoting any reasons. ‘L’ woman I.A.S. officer wants to
challenge the order. Advice.[Dec-2015]

A magistrate convicts an accused after following all procedure but without hearing
the accused on sentence. Is sentence legal [June-2013] [June- 2019]onb]

‘A’ with intent to cause injury to ‘B’. ‘A’ institutes a false criminal proceeding against
him, knowing that there is no just and lawful ground for such proceeding. On the
trial ‘A’ gave false evidence against ‘B’ intending thereby to cause ‘B’ to be convicted
of a capital offence. What is the next procedure to prosecute ‘A’. Decide.[June-2017]
[ob] A’ was prosecuted under the Indian Arms Act for possessing a revolver without
holding a valid licence and was acquitted by a competent Court on the ground that
prosecution fails to prove recovery and factum of possession of revolver. He was
subsequently tried on the charge of Murder by using revolver. Again prosecution
wants to produce an evidence to prove possession of said revolver. Decide
[June2017[ob]

‘A’ is an accused was charged under Section S. 19(1) of the Indian Arms Act for
possessing a revolver without a licence and was acquitted as the prosecution could

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not prove that he was in possession of the revolver. In a subsequent trial of the
accused on the change of Murder. Whether can prosecution be permitted to prove
possession of revolver and murder case against ‘A’? Decide.[2018-June][onb]

‘A’ commits an offence in ‘Agra’ but makes a confession before the judicial
magistrate at ‘Lucknow’, who has no power to try case, but he did not sign the
confessional statement recorded by the magistrate. Is confession is valid?
Decide[June-2018[onb]

‘A’ dishonestly uses a forged document as genuine evidence, in order to convict ‘B’ a
public servant, of an offence u/s-167 of IPC. Two offences were included in one
charge and were tried together in single trial by the magistrate and was convicted.
Decide the validity of the order.[Dec-2018][obn]

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