Latest CrPC MCQ Objective Questions PSE aL aie Cece et Start Complete Exam Preparation id oes races re La core Ga Download App Question 1: View this Question Online > For every High Court, who has the authority to appoint a Public Prosecutor and Additional Public Prosecutors after consultation with the High Court? 1, The Chief Justice of the High Court 2. The Central Government or the State Government 3. The Bar Council of india 2 The Presidentof India ‘Answer (Detailed Solution Below) Option 2 : The Central Government or the State Governmentcoaching India’s Super Teachers for all govt. exams Under One Roof BD ooo ae isin CrPC Question 1 Detailed Solution: The correct answer is Option 2, © Key Points * Section 24 of the Criminal Procedure Code deals with Public Prosecutor. + Section 24 says, for every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Goverment or State Government, as the case may be. + The Central Government has the euthority to appoint one or multiple Public Prosecutors to handle specific cases or categories of cases in any district or local area + For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district r Tree an ert) Rear oto Start Complete Exam Preparation ryan acd Par eins Crete og Petre We’ D> Download App Question 2: In accordance with Section 158, when a report is sent to a Magistrate under Section 157, what is the prescribed procedure if difécted by the State Government? submitted directly by the officer in charge of the police station.a 2. The report should be submitted through any police officer available at the scene. 3. The report must be submitted through a superior officer of police appointed by the State Government, as per their directive. 4. The report can be submitted by any police officer, irrespective of the State Government's directive. Answer (Detailed Solution Below) Option 3: The report must be submitted through a superior officer of police appointed by the State Government, as per their directive. CrPC Question 2 Detailed Solution The correct answer is The report must be submitted through a superior officer of police appointed by the State =" as per their directive. @ Key Points + Section 158 stipulates that reports sent to a Magistrate under Section 157 must, if directed by the State Government, be submitted through a superior police officer appointed by the State Government. + This appointed officer has the authority to provide instructions to the officer in charge of the police station. After recording these instructions on the report, the superior officer is obligated to promptly transmit the report to the Magistrate. ad CER ABR Relay Start Complete Exam Preparation Ree Crt (1) recto san. (it) Poti Perea Download App Question 3: View this Question Online > In which of the following scenarios can an offence be inquired into or tried by a Court having jurisdiction over antMfitee Bet areas?. Only when theffence isommitted partly in one local area and partly in another. MD. is uncertain in which of several local areas an offence was committed. 3. Only when an offence consists of several acts done in different local areas. 4. All of the above. Answer (Detailed Solution Below) Option 4: All of the above. CrPC Question 3 Detailed Solution The correct answer is All of the above. © Key Points ; Section 178. Place of inquiry or trial, (a) When it is uncertain ah several local areas an offence was committed, or (6) where an offence is commi#tee partly in one local area and partly in another, or (where an offence is a continuing one, and continues to be committed in more local areas than one, or (d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas. Ca India's #1 Learning Platform ARR ne Start Complete Exam Preparation lee nee Qiks cl Download App Question Bank Px Question 4: View this Question Online > Under section of Code of Criminal Procedure, 1973, it is mandatory for a police officer to inform the person arrested without warrants, about the right of bail if theoffence is not non-bailable. Answer (Detailed Solution Below) Option 2:50 CrPC Question 4 Detailed Solution The correct option is 50. + The CrPC provides for the powers of a police officer to arrest with or without a warrant but at the same time, such an officer has to follow certain provisions regarding the procedure of an arrest and also how such arrest can be made. + If @ person is arrested in connection with an allegation of an offence his rights are put to restrictions. + The rights of an arrested person under the CrPC are:- = No unnecessary restraint or force is to be used as per Sections 49 and 46 of CiPC. * It provides that any person who is to be arrested under the CrPC shall not be su to any unnecessary restraint. » If a personis to be arrested the police officer or any other person arresting G unnecessary restraints such as handcuffing. = No unnecessary force shall be used against such person if the situation doesnc demand. = A right to be informed about the grounds of an arres! ail under section 50. Co + Any person who is to be arrested by a police warrant shall be informed of an offence and other such grounds for + Ifa personis arrested for an offence 1on-bailable offence, the police officer shall inform him that he has ¢ rig ind he shall arrange for the sureties. 2 A right to inform any relia oF fri it the arrest under sections 50A and 41B. = Whenever a person is he shall be informed by the police officer that he has the right to inform any frie! tive about his arrest. + Protection of Health and Safety under section 55A. + & Add nal Information + Case:- Neela Bati Behra Case- 2 The Apex Court held that if a person is arrested the health and safety of the arrested person shall be the responsibility of the person in whose custody is placed.LEE a ee A MD ese EEO * A person is arrested whether with or without warrant in case he shall be presented before the nearest Magistrate within 24 hours from the time of his arrest. + Based on the rights of an arrested person the provision is to facilitate the court with the opportunity to check whether such arrest has been legal or not and also that the basic rights of an individual provided under the CrPC as well the Constitution in the form of Article 22 is not violated. eet Be TION MS OLS cod SMa Ns Mae aes ta 8 PS ES AS ee a India’s #1 Learning Platform CRE etc Pela mew Selim elie) Penns Practice ort Question Bank Download App Question 5: View this Question Online > What do the words “any court" and “at any stage" in Section 311 signify in the Criminal Procedure Code? 1. Limitation on the Court's power 2. Discretionary power of the prosecution 3. Extends the ambit of the Court's power m these Answer (Detailed Solution Below) Option 3: Extends the ambit of the Court's power CrPC Question 5 Detailed Solution The correct option is Option 3. © Key Points + Section 311 of CrPc: © This Section empowers the Court to summon material witnesses and examine wee® This Section states that any Court may, at any stage of any inqlliry/trial or'other proceeding under this Code, summon any person as a witness or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined and the court shall summon and examinelor recall and re-examine any such person if his evidence appears to it ta,be essential to the just decision of the case + Section 311 is divided into two parts:- 7 * Inthe first part the word “may” fas been Written which provides power to the Court whether they waritto The Code of Criminal Procedure was enacted in year in India. 1, 1971 2. 1975 aAnswer (Detailed Solution Below) Option 3: 1973 CrPC Question 6 Detailed Solution The correct answer is 1973. © Key Points + The Code of Criminal Procedure (CrPC) is a procedural law that governs the process of investigation and trial of criminal cases in India. + The CrPC was enacted in 1973 and came into force on April 1, 1974. &; Additional Information + Following the Indian uprising of 1857, the British crown assumed control of the country, and in 1861 the Criminal Procedure Code was passed. + The legacy of British India Jasted unti} 1973, when the present Code was passed and went into effect on April 1st, 1974, . + The main objective of the GrPQ\s to ensure a fair and just investigation and trial of criminal cases, while iso protecting the rights of the accused and the victims. + It offers the tools necessary for conducting criminal investigations, apprehending suspected offenders, gathering evidence, establishing the guilt or innocence of the accused, and determining the appropriate punishment for the guilty. * In addition, it addresses maintaining a spouse, child, and parents as well as preventing offenses and public nuisances. + The Code of Criminal Procedure is divided into 37 chapters with 484 sections, 2 schedules, and 56 forms. + A Bill to replace the CrPC with the Bharatiya Nagarik Suraksha Sanhita (BNSS) was presented in the Lok Sabha on August 11, 2023. a CR ABR Re lia) Start Complete Exam Preparation CaCrC Lm cet alee (Cee co)Download App Question 7: View 4 is Question Online > Ahas bi onvicted by a magistrate of the first class and was sentenced with imprisonment for a term of one month can A appeal 1. No A cannot appeal 2. A can appeal to the session court 3. A can appeal to the chief judicial magistrate 4. Acan appeal to the high court Answer (Detailed Solution Below) Option 2: A can appeal to the session court CrPC Question 7 Detailed Solution Explanation- According to section 376 of CrPC.Né appeal in petty cases. Notwithstanding anything contained in section 374, there\@ligik be no appeal by a convicted person in any of the following cases, namely:- (a) where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine; (b) where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine; (c where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees. ie anu Rely Start Complete Exam Preparation CCC eet leet Crea CiproDownload App Question 8: View this Question Online > Under Section 144 of the Cr. P.C. in connection with a dispute, the Executive Magistrate prior to passing his orders which one of the following periods he takes into consideration? 1, One month ( 2. Two months ‘our months. 4, Six months Answer (Detailed Solution Below) Option 2 : Two months CrPC Question 8 Detailed Solution The correct option is Two months. © Key Points + Section 144 of CrPC is used to prohibit assemblies of four of more individuals or to order mobile phone companies to block voice, SMS, o; Internet communications in one or more geographical areas. AN > |r empowers a district magistrate a sub-divisional magistrate or any other executive magistrate Ily empowered by the state government on this behalf to issue orders to prev address urgent cases of apprehended danger or nuisance, © The orders may be gainst a particular individual or to persons residing ina particular place or area, or to the public generally when frequenting or visiting a particule place or ae= No order passed under Section 144 can remain in force for more than two months from the date of the order. = The state government can extend this, but not more than six months. + Case: ; Dr Ram Manohar Lohiya case 1967 = The Supreme Court held that “no democracy can exist if ‘public order is freely allowed to be disturbed by a section of the citizens’. + In 2012, the Supreme Count criticised the government for imposing Section 144 against a sleeping crowd in Ramlila Maidan and the court held that such a provision can be used only in grave circumstances for the maintenance of public peace. + The emergency must be sudden and the consequences sufficiently grave. a rN Tee ane ea) Ree cer Start Complete Exam Preparation rio ocd aad ca cl resieaccg Rage Download App Question 9: View this Question Online > Compounding of an offence under Code of Criminal Procedure, 1973 will result__of the accused with whom the offence has been compounded: 1. acquittal 2. discharge 3. compromise 4. probation Answer (Detailed Solution Below) Option 1 : acquittal CrPC Question 9 Detailed Solution The correct option is acquittal.@ Key Peints + Section 320 of the Code of Criminal Procedure, 1973 deals with the "Compounding of offences.” + The section provides a list of offences that may be compounded by the parties involved, ie, the victim and the accused. + Compounding means the settlement of a dispute between the parties by mutual agreement. + Compounding of Offenses: > Section 320:- # Itdeals with the offences that may be compounded. = Compounding essentially means the parties involved agree and the complainant agrees not to proceed with the case + Classification of Offenses: © The offences under Section 320 are classified into two categories; + Compoundable Offenses Without the Permission of the Cou! «= The victim can directly agree to compound these offences without seeking permission from the court. > Compoundable Offenses With the Permission of the Court: = Compounding these offences requires the court's permission. + List of Offenses. * Section 320 provides a my list of compoundable offences. The list includes offences the Indian Penal Code (IPC) and other laws. + Non-Compoundable Offenses = Some offenses are deemed non-compoundable means they cannot be settled through a compromise between the parties = For such offences, the court's intervention is mandatory. + Public Policy Consideration: = In certain cases, offences affecting public policy or involving serious crimes may not be compoundable at all, or their compounding may require special considerations, + Procedure for Compounding: 2 The process of compounding involves the parties reaching a mutual agreement, and the court may play a role in approving the settlement, especially in cases where its permission is required. + Effect of Compounding = Once an offence is compounded, the accused is generally discharged from the case and further legal proceedings against them are terminated & ee eo ec Start Complete Exam Preparation aoc cm (8) tes oe Pac MasterCl Download App researc ExcQuestion 10: View this Question Online > Choose the correct statement: 1. Section 125 of the ow maintenance of wives, children, and Mother-in-law. I Section 125 of 365 is with the maintenance of wives, children, and brother. IL Section ‘tPC deals with the maintenance of wives, children, and sister. Il and Ill 2. Only tit 3. Only Il 4. None of these Answer (Detailed Solution Below) Option 4: None of these CrPC Question 10 Detailed Solution The correct option is None of these. O © Key Points G + Maintenance means giving necessary supplies to a person for + It includes shelter, food, clothing and every aspect of hum: is essential for survival and existence. 0 + Under section 126 of CrPC. it provides “EN ife, children, and parents, + Section 125 of CrPC is secular in “xe + It does not apply to any particular ss ae equally irrespective of their religion, + The dependants who are a ined by a person are: 1. Wife 2. Minor Child 3, Parents + Maintenance to Wife:- ° Wife of a person who is not able to maintain herself. > The term wife also includes a divorced wife who has not re-married. ¢ If the wife is earning and eams sufficiently, then she can not claim maintenance. ¢ Awife shall not be entitled to maintenance from her husband if she lives in adultery or refuses to reside (live) with her husband, or if she is living separately with the mutual consent of both of them.= Ia relationship Is like marriage ana essential characteristics Of Marriage are found out then a woman in a live-in relationship can also claim maintenance. = Ifin case the wife surrenders her right of maintenance, the Magistrate shall cancel the order of maintenance from the date of surrender. Perera icc) Start Complete Exam Preparation aoc ccm eles rapes ele DOs toeey ‘Question Bank PYliye Download App Question 11: View this Question Online > Which of the following Magistrate have power to prohibit repetition or continuance of public nuisance? 1 District Magistrate 2. Sub-Divisional Magistrate 3. Judicial Magistrate 4, Executive Magistrate duly empowered in this behalf 2. 2and3 1,2and4 4. 1,2,3 and 4 ‘Answer (Detailed Solution Below) Option 3: 1, 2 and 4 CrPC Question 11 Detailed Solution a ee© key Points + In legal terms, a "public nuisance® is an act or condition that causes inconvenience or damage to the public. «+ |tis an offence against *h&\BUIB\ic at large rather than against an individual. + The CrPC as well as other let ‘ms, may contain provisions that empower magistrates to take action to prevent the repetition or continuance of a public nuisance. + In CrPC section 143 specifically addresses the magistrate's power to prohibit the repetition or continuance of a public nuisance, it likely outlines the procedure and conditions under which such action can be taken. + The magistrate exercising this power may issue orders or directions to the individuals or entities responsible for the nuisance to prevent its recurrence or ongoing + According to section 143 of the CrPC “A District Magistrate or Sub-di or any other Executive Magistrate empowered by the State Government or the District Magistrate in this behalf may order any person not to repeet or continue a public nuisance, as defined in the Indian Penal Code (48 of 1860) or any special or local law". og India's #1 Learning Platform Rec RE Start Complete Exam Preparation ele oo [ra] Mock Tests orl Cresco Download App Question 12: View this Question Online > The ___ is empowered to call for and examine the records of any proceeding under the Code of Criminal Procedure. 1. High Court 5 2. Any Session Court 3. International Court 4. Bothd &2 a Oe emuentn t itesiice’ Relatives Fiske’.Option 4: Both 1&2 CrPC Question 12 Detailed Solution The correct option is Both 1 & 2. © Key Points + Revision + The word ‘revision has not been defined in CrPC. + Section 397 of CrPC says the High Court or any Sessions Judge have been empowered to call for and examine the records of any proceeding to satisfy oneself: # As to the correctness, legality or propriety of any finding, sentence or order whether recorded or passed. ® As to the regularity of any proceedings of an inferior court. ¢ They have the power to direct the execution of any sentence or an order to be suspended + Not only this but to even direct to release the accused on bail or his bond if the accused is in confinement. + The appellant courts have been granted such powers to obviate any failure of justices ¢ The High Court has the power to take up a revision petition on its mation + Case:- + Amit Kapoor V. Ramesh Chander v4 * The Supreme Court of India held that “the revisional jurisdiction can bBinvoked where the decisions under challenge are grossly erroneous, there is no compliance with the provisions of law, the finding recorded is based on no‘evidence, material evidence is ignored or judicial discretion ey arily or perversely.” + State Of Rajasthan V, Fateh Karan Mehdi * The Court held that “the object of revisidiis to set Fight a patent defect or an error ofjurisdiction or law or the p2tversity which has crept in the proceeding.” > Faruk @ Gaffar v, State OUP «= The Allahabad High! |d that "Whenever the matter is brought to the notice of the Courta \Court is satisfied that in the facts and circumstances of the case, a case is made out for exe ising the revisional powers suo motu it can always do so in the interest of justice.” > §, Balasubramaniam \. The State Of Tamil Nadu # The High Court held that “a Sessions Judge can entertain an application in revision against sentence and enhance the sentence in revision in certain cases.” + Limitations regarding revision:- * Many statutory limitations have been imposed on the High Court for exercising its revisional powers as per Section 401 of CrPC. = An accused is to be given due opportunity to hear him and an order cannot be passed unless this is followed. In instances where a person has forwarded a revisional application assuming that an appeal did not lie in such a case, the High Court has to treat such application as an appeal in the interests of justice. # An application of revision cannot be proceeded with if it has been filed by a party where the party could have appealed but did not go for it. eee eeeWe aury ed Se aS Bits is Co cor Download App Question 13: View this Question Online > The court to amend a decree is the court that passed it but where an appeal is preferred from a decree of a court of first instance the Appellate Court may: 1. Dismiss the appeal under Order'’41, Rule 11(1), without issuing any notice to the respondents. 2. C x OF vary the decree of the court of first instance (Order41, Rule 32). 3. Either (A) or (B). 4. A &B Both Correct. Answer (Detailed Solution Below) Option 3: Either (A) or (B). CrPC Question 13 Detailed Solution The Correct answer is Either (A) or (B). © Key Points + This appeal is hereby dismissed under Order 41, Rule 11(1) of the Code of Civil Procedure, 1908, without issuing any notice to thewrespondents. Reasons 1. The appeal iirc von 2. The appeal lacks merit and does not raise any significant question of law or fact. 3. The appeal is an abuse of the court's process. + Under Order 41, Rule 32 of the Code of Civil Procedure, 1908, the appellate court has the power to confirm, reverse, or vary the decree of the court of first instance. + This means that the appellate court can uphold the decree as it is, or it can change it in any way that it sees fit. + The appellate court can also remand the case to the court of first instance for a retrial.og EE ARC Reto) pela meen) CM elmer Lied) Cee Dero Citas Pm acd ingen ose coer Cresco Px) Download App Question 14: View this Question Online > Under the CrPC examination of witness in the absence of absconded accused can be done under - Section 321 3. Section 224 4. Section 301 Answer Option 1: Section 299 CrPC Question 14 Detailed Solution Explanation - Under Sectigma99 of the CFPC, it is stated that if it can be proved that an accused perscn has been abscondahakd thet there is no immediate prospect of arresting him, the Court which competent to try sueliB@rson for the offence complained of can in his absence, examine the ses produced on behalf of the prosecution, and record their depositions and any such arrest of such person, be given in evidence against him on the inquiry into o1 fh which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay expense or inconvenience which, under the circumstances of the case, would be unr: w eee eer peta CRED PSE Ta me Cw Clim s)Poa Practice ce, Cites Question Bank Perro Download App Question 15: om, 8 View this Question Online > Ifit appears to the magistrate that the offence complained of is triable exclusively by the court of session, he under section 202 CrPC postponing the issue of process against the accused! ~a : 1. Shall commit the case to the court of session. 2. May direct an investigation to be made by a police officer. 3. Shall call upon the complainant to produce all his witnesses and examine them on oath. 4. Shall return the complaint for presentation before the court of sessions Answer (Detailed Solution Below) Option 3 : Shall call upon the complainant to’produce all his witnesses and examine them on oath. CrPC Question 15 AA... Explanation: Sec. 202 lays down the rule that in case of an offence exclusively triable by the court of session following the schedule, the magistrate before forwarding the complaint shall examine the complainant and all his witness on oath.