CRPC - Test
CRPC - Test
PRELIMINARY
2. The subject of Criminal Procedure falls in which one of the following list of the Constitution of
India?
(a) Union List
(b) State List
(c) Concurrent List
(d) Either (a) or (b)
3. Which one of the following remedies has not been provided under the Criminal Procedure Code?
(a) References
(b) Review
(c) Revision
(d) Appeal
4. Reasons for non-applicability of some of the provisions of the Criminal Procedure Code to State of
Nagaland have been stated by the Supreme Court in-
(a) State of Nagaland vs. Rattan Singh
(b) Maharaja Vikram Kishore of Tripura vs. Province of Assam
(c) Zarzolian vs. Government of Mizoram
(d) State of Nagaland vs. Chung
8. The classification of offences has been given under the Code of Criminal Procedure, 1973 under-
(a) Section 320
(b) I schedule
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(c) II schedule
(d) Section 482
11. In which one of the following sections of Criminal Procedure Code, 1973 the „cognizable offence‟
has been defined?
(a) Section 2(a)
(b) Section 2(b)
(c) Section 2(c)
(d) Section 2(i)
12. Classification of „compoundable and non-compoundable offence‟ has been provided under-
(a) 1st Schedule of Cr. PC
(b) 2nd Schedule of Cr. PC
(c) Section 320 of Cr. PC
(d) Section 321 of Cr. PC
13. „Public Prosecutor‟, under section 2(u) of the Cr. PC means and includes-
(a) Any person appointed under section 24
(b) Any person acting under the direction of a Public Prosecutor
(c) Both (a) and (b)
(d) None of the above
16. Which one of the following sections of Criminal Procedure Code, 1973 has defined the word
„offence‟?
(a) Section 2(f)
(b) Section 2(i)
(c) Section 2(n)
(d) Section 2(p)
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17. In which of the following sections of the Cr. PC the term “investigation” has been defined?
(a) Section 2(h)
(b) Section 2(g)
(c) Section 3
(d) None of the above
18. Which one of the following statements does not come under the definition of „Complaint‟ under
Section 2(d) of the Criminal Procedure Code?
(a) Complaint is an oral or a written allegation
(b) It is to be made only to the Magistrate
(c) It is related to some person known or unknown who has committed an offence
(d) Police report made after investigation which discloses the commission of a cognizable offence
24. Which of the following statements is/are correct in respect of „complaint‟ under section 2(d) of
Cr. PC-
(1) Complaint is always presented before a magistrate
(2) Complaint may be presented before magistrate or officer in charges of a police station
(3) Complaint may be filed relating to both cognizable offence and non-cognizable offence
(4) Complaint only be filed relating to cognizable offence
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Code:
(a) 2 and 4
(b) 1 and 3
(c) 2 and 3
(d) 1 and 4
27. Which of the following statements is/are correct in respect of the term “victim” under section of
Cr. PC-
(1) Victim means a person who has suffered any loss or injury
(2) The expression “victim” includes his or her guardian or legal heir
(3) The term victim inserted by the amendment of 2013
(4) None of these
Code:
(a) Only 1
(b) 1 and 2
(c) 1, 2 and 3
(d) Only 4
28. The term warrant case under section 2(x) of Cr. PC means, a case relating to an offence
punishable.
(a) With imprisonment for life
(b) With imprisonment for a term exceeding two years
(c) With death
(d) All of these
29. As per the Criminal Procedure Code, what is the definition of “charge”?
(a) Acts done by police
(b) Statements given before a magistrate
(c) Any head of charge when the charge contains more heads than one
(d) Proceeding of the court
31. Match list- I with list- II and select the correct answer using the codes given below the lists-
List- I List- II
(A) Judicial proceeding 1. Section 2(w)
(B) Public prosecutor 2. Section 2(i)
(C) Police report 3. Section 2(r)
(D) Summon case 4. Section 2(u)
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Code:
A B C D
(a) 1 3 4 2
(b) 2 4 3 1
(c) 1 2 3 4
(d) 4 3 1 2
32. The Code of Criminal Procedure, 1973 came into force on the-
(a) 1st day of April 1974
(b) 1st day of January 1974
(c) 1st day of April 1973
(d) 25th January 1974
33. Choose the correct statements is/are in respect of the Code of Criminal Procedure, 1973-
(a) There are 37 Chapter consist
(b) There are 484 Section consist
(c) There are 2 Schedule
(d) All of the above
34. Which of the following statements is/are correct in the light of Cr. PC-
(a) All offences under the Indian Penal Code shall be investigation with according to the
provisions of Cr. PC
(b) All offences under any other law shall be investigation but subject to any enactment for time
being in forces dealings with such offences
(c) Both (a) and (b)
(d) Only (a)
37. Taking cognizance and issue of process are synonyms. The statement is
(i) True
(ii) False
(iii) Partly Correct
(b) None of the above
38. In which of the following cases, the Supreme Court, in an unprecedented move, appointed a
special prosecutor ignoring the objection raised by the Government and CBI?
(i) Commonwealth Scam case
(ii) 2G Scam case
(iii) Arushi Murder case
(iv) None of the above
40. Reasons for non-applicability of some of the provisions of the Criminal Procedure Code to the
State of Nagaland have been stated by the Supreme Court in _______.
(a) State of Nagaland v. Rattan Singh
(b) Maharaja Vikram Kishore of Tripura v. Province of Assam
(c) Zarzoliana v. Government of Mizoram
(d) State of Nagaland v. Chung
41. Assertion (A): Subject to same exception the provisions of the Code of Criminal Procedure are not
applicable to tribal areas in undivided Assam.
Reason (R): These are as enjoy special status like the State of Jammu and Kashmir.
Codes:
(a) Both A and Rare true and R is the correct explanation of A.
(b) Both A and R are true but. R is not the correct explanation of A.
(c) A is true but R is false.
(d) A is false but R is true.
42. What is the meaning of 'tribal areas' for the purpose of Section 1 of the Criminal Procedure Code?
(a) Municipal area of Shillong
(b) Municipal area of Mizoram
(c) Assam as prescribed in Para 20 of the Sixth Schedule of the Constitution
(d) Arunachal Pradesh as prescribed by the Constitution
44. The provisions of Code of Criminal Procedure 1973, other than those relating to Chapter VIII, X
and XI, thereof shall not apply in which of the following:
(a) State of Tripura
(b) State of Assam
(c) State of Meghalya
(d) State of Nagaland
45. Which of the following section of the Cr. PC defines the term 'cognizance'?
(a) Section 2(c)
(b) Section 200
(c) Section 190
(d) Not defined
46. The Code of Criminal Procedure, 1973 came into force on ________.
(a) 1st January, 1973
(b) 1st April, 1974
(c) 1st October, 1974
(d) 1st December, 1974
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47. The classification of offences into bailable and non-bailable has been given in the Code of
Criminal Procedure, 1973, under _________.
(a) The 1st Schedule
(b) The 2nd Schedule
(c) Section 320
(d) Section 482
58. In which one of the following sections of the Criminal Procedure Code, 1973 the Cognizable
offence has been defined?
(a) Section 2(a)
(b) Section 2(b)
(c) Section 2(c)
(d) Section 2(i)
61. Which one of the following statement does not come under the definition of Complaint' under
section 2(d) of the Criminal Procedure Code?
(a) Complaint is oral or a written allegation
(b) It is to be made only to the Magistrate
(c) It is be related to some person known or unknown who has committed an offence
(d) Police report made after investigation which discloses the commission of a cognizable offence
62. What is not true with regard to 'Complaint under Section 2(d) of Cr. P.C.?
(a) It is made to Magistrate with a view to his taking action under the code
(b) It is an allegation made orally or in writing
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(c) That some person, whether known or unknown has com-mitted an offence
(d) It includes a Police Report
63. Complaint as defined under section 2(d) of the Criminal Procedure Code, 1973 is concerned with:
(a) Cognizable offence only
(b) Non cognizable offence only
(c) Both (a) and (b)
(d) None of the above
66. Point out the incorrect response under the Cr. P.C.
(a) Inquiry is conducted by a Court
(b) Inquiry is conducted after framing of the charge
(b) Inquiry is conducted prior to framing of the charge
(c) Inquiry is conducted by a Magistrate
68. When a complaint is presented to a Magistrate and the Magistrate proceeds to examine the
complainant and the witnesses, the Magistrate
(a) is conducting investigation
(b) is conducting inquiry
(c) is conducting-trial
(d) is conducting both (b) and (c)
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70. Find out the correct statement:
(a) Investigation is conducted by a Magistrate only
(b) Investigation is conducted by the Court of Law only
(c) Investigation is conducted either by Court or by a Magistrate or both
(d) Investigation is conducted by a police officer or by any person (other than Magistrate) who is
authorized by Magistrate in this behalf
71. Investigation includes all the proceedings conducted by a police officer ______.
(a) For the collection of evidence
(b) For inquiry than a trial
(c) For trial
(d) All the above
73. In which of the following Sections of the Cr. P.C. the term "investigation” has been defined?
(a) Section 2(h)
(b) Section 2(g)
(c) Section 3
(d) None of the above
74. Which of the following Sections of the Code of Criminal Procedure, 1973 defines the term judicial
proceeding?
(a) Section 2(i)
(b) Section 2(j)
(c) Section 2(k)
(d) Section 2(l)
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(c) both (a) and (b)
(d) none of the above
79. Under Criminal Procedure Code, 1973 the nature of non-cognizable offence is _____.
(a) bailable and simple
(b) bailable and grave
(c) only of grave nature
(d) all the above
80. Under Section 2(l) of Cr. P.C. the "Non cognizable Case/Offence" means a case in which?
(a) A Police Officer has authority to arrest without warrant
(b) A Police Officer has no authority to arrest without warrant
(c) A Police Officer above the rank of Dy. S.P. has power to arrest without warrant
(d) None of above is correct
81. Under which section of the Code Criminal Procedure, 1973 the term "Offence" has been defined?
(a) Section 40
(b) Section 2(n)
(c) Section 2(w)
(d) None of the above
83. Public Prosecutor', under Section 2(u) of the Cr. P.C. means and includes:
(a) Any person appointed under Section 24.
(b) Any person acting under the direction of a Public Prosecutor
(c) Both (a) and (b)
(d) None of the above
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(c) helps in determining the inquiry procedure to be adopted
(d) (a) and (b) are correct
88. The definition of the "victim" was incorporated in the Code of Criminal Procedure by the
Amendment Act of;
(a) 2009
(b) 2010
(c) 2011
(d) 2008
89. As per Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), w.e.f. 31.12.2009, which
inserted clause (wa) in Section 2 in Cr. P.C. defining 'victim' as a person who has suffered any loss
or injury caused by reason of the act or omission for which the accused person has been charged -
includes:
(a) Victim's guardian only
(b) Victim's guardian and legal heir
(c) Victim's neighbour
(d) Victim's close friend
92. Which one of the following is not correct in respect of term 'Victim' under Section 2(wa) of the
Code of Criminal Procedure?
(a) who suffers any loss
(b) who suffers any injury
(c) does not include guardian but legal heir
(d) includes guardian as well as legal heir
93. An offence punishable with imprisonment for a term exceeding two years relates to:
(a) Summons case
(b) Warrant case
(c) Both of the above
(d) None of these
96. Warrant case has been defined under Section 2(x) of Cr. P.C. as a case relating to an offence
punishable with death, imprisonment for life or imprisonment for a term:
(a) Exceeding three years
(b) Exceeding two years
(c) Exceeding one year
(d) Exceeding one year but less than two years
98. Which one of the following statements is correct? The words and expressions, used but not defined
in the Code of Criminal Procedure, shall have the meaning assigned to them in the ______.
(a) Indian Penal Code
(b) Code of Civil Procedure,
(c) The Limitation Act
(d) Indian Evidence Act
99. The stipulation that all offences under Indian Penal Code would be tried according to the
provisions in Code of Criminal Procedure, is contained in which Section;
(a) 5
(b) 4
(c) 3
(d) 6
100. Choose the correct statements is/are in respect of directorate of prosecution under section 25A of
Cr. PC –
(a) A person shall be eligible to be appointed as a director or deputy director of prosecutions if he
has been in practice as an advocate not less than 10 years and such appointment shall be made
in concurrence of the chief justice of the high court.
(b) The provisions of this section shall not apply to the advocate general for the state while
performing the functions of a public prosecutor
(c) Both (a) and (b)
(d) Neither (a) nor (b)
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103. Which of the following option is/are correct in the light of appoint of Public Prosecutor under the
Code of Criminal Procedure, 1973-
(a) A person may be appointed by State Government as the Public Prosecutor for the District if
his name not appear in the penal of names
(b) District Magistrate prepared a penal of name of persons, in consultation with the Session
Judge, fit to be appointed as Public Prosecutors
(c) Both (a) and (b)
(d) None of these
104. Which of the following section under the Code of Criminal Procedure 1973 provisions regarding
“Assistant Public Prosecutor” prescribed under-
(a) Section 24
(b) Section 25
(c) Section 25A
(d) Section 26
105. Which of the following courts is/are included in the classes criminal courts under Cr. PC-
1. High Courts
2. Courts of Session
3. Judicial Magistrate of the first class, Judicial Magistrate of second class
4. Executive Magistrate
Code:
(a) 1 and 2
(b) 2 and 3
(c) 2, 3 and 4
(d) 1, 2, 3 and 4
106. Which of the following statements is/are correct is respect of metropolitan areas under section 8 of
Cr. PC-
1. City or town whose population exceeds one million shall be a metropolitan area for the
purpose of this code.
2. State Government may extend reduces or alter the limits of metropolitan area and reduce the
population of such area to less than one million.
3. If an area has been declared to be a metropolitan area, it always treated as metropolitan area.
4. The expression population means the population as certain at the last preceding census.
Code:
(a) 1 and 2
(b) 1 and 4
(c) 3 and 4
(d) 1, 2 and 4
107. Every Court of Session shall be presided over by a Judge to be appointed by the-
(a) High Court
(b) State Government
(c) Supreme Court
(d) State Public Service Commission
108. Additional Session Judges and Assistant Sessions Judges are appointed by-
(a) Session Court itself
(b) High Court
(c) Stage Government
(d) All of these
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109. All Assistant Sessions Judges shall be subordinate to the-
(a) High Court
(b) Sessions Judge in whose court they exercise jurisdiction
(c) Chief Judicial Magistrate
(d) None of the above
110. Choose the correct statements in the light of section 11 of the Cr. PC, Courts of Judicial
Magistrate-
(1) Courts of Judicial Magistrate comprise only Judicial Magistrate first class
(2) Courts of Judicial Magistrate comprise Judicial Magistrate first and second class both
(3) Judges in a Civil Court also act as Judicial Magistrate of the 1st or 2nd class, where it appears
necessary to the High Court.
(4) Presiding offices of such Courts shall be appointed by the State.
Code:
(a) 1 and 2
(b) 2 and 3
(c) 2 and 4
(d) 2, 3 and 4
112. Who have power to made rules or gives special order from time to time consistent with Cr. PC as
to the distribution of business among the Subordinate Judicial Magistrate?
(a) Chief Judicial Magistrate
(b) District Magistrate
(c) Additional District and Session Judge
(d) Executive Magistrate
113. The Central Government or the State Government may appoint a person as a Special Public
Prosecutor who has been in practice as an advocate for not less than-
(a) Seven years
(b) Ten years
(c) Fifteen years
(d) Three years
114. Section 25A “Directorate of Prosecution” inserted in the Code of Criminal Procedure by
amendment act of-
(a) 2005
(b) 2009
(c) 2013
(d) 2015
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116. Which section of the Criminal Procedure Code provides that the High Court could criminal court?
(a) Section 6
(b) Section 7
(c) Section 8
(d) None of these
119. State Government may, by notification declare any area to be a metropolitan area for the purposes
of the Code of Criminal Procedure whose population exceeds?
(a) Ten lakhs
(b) Five lakhs
(c) Seven lakhs
(d) Three lakhs
120. The State Government. may by notification declare any city or town for the purposes of Cr. P.C. as
a 'Metropolitan', whose population:
(a) exceeds ten lakhs
(b) below ten lakhs
(c) is five lakhs
(d) none of the above
121. Assertion (A): Power of the State to order cases to be tried in different sessions divisions is very
limited.
Reason (R): This extraordinary power is to be used when consideration of public justice justifies
its exercise.
Code:
(a) Both A and Rare true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
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124. Find out the INCORRECT statement:
(a) Every Court of Session shall be presided over by a Judge to be appointed by the State
Government
(b) In every State, the classes of Criminal Courts shall include Executive Magistrates
(c) The presiding officers of the Courts of Judicial Magistrates shall be appointed by the High
Court
(d) Every Chief Judicial Magistrate shall be subordinate to the Session Judge; and every other
Judicial Magistrate shall, subject to the general control of the Session Judge, be subordinate to
the Chief Judicial Magistrate
128. The Court of Sessions shall ordinarily hold its sitting as per Section 9 of the Code of Criminal
Procedure:
(a) at such place or places as the High Court may, by notification, specify, or if in any particular
case, the Court of Session is of opinion that it will tend to the general convenience of the
parties and the witnesses to hold its sittings at any other place in the Sessions Division
(b) at such place or places as the High Court may, by notification, specify, or if in any particular
case, the Court of Session is of opinion that it will tend to the general convenience of the
parties and the witnesses to hold its sittings at any other place in the Sessions Division, it may
with the consent of the prosecution and the accused sit at the place for the disposal of the case,
(c) at such place as the State Government may by notification, specify, or if in any particular
case, the Court of Session is of opinion that it will tend to the general convenience of the
parties and the witnesses to hold its sittings at any other place in the Sessions Division, it may
with the consent of the prosecution and the accused sit at that place for the Disposal of the
case
(d) if in any particular case, the court of Session is of opinion that it will tend to the general
convenience of the parties and the witnesses to hold its sitting at any other place in the
Sessions Division, it may with the consent of the Public Prosecutor sit at the place for the
disposal of the case.
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130. An Additional Chief Judicial Magistrate may be appointed by the:
(a) Chief Judicial Magistrate
(b) Session Judge
(c) High Court
(d) Governor of the State
132. Who can make rules or give special orders from time to time consistent with Cr. PC as to the
distribution of business among the subordinate Judicial Magistrate:
(a) Executive Magistrate
(b) District Magistrate
(c) Additional District & Session Judge
(d) Chief Judicial Magistrate
134. In sub-section (1) of section 24 of the Cr. P.C., after the words 'Public Prosecutor', the words
inserted are ________.
(a) One or more additional public prosecutors
(b) Two or more additional public prosecutors
(c) At least five additional public prosecutors
(d) None of the above
135. No person can be appointed public prosecutor in a district, unless his name is in the list of:
(a) Law Secretary
(b) High Court
(c) District Magistrate
(d) Superintendent of Police
137. A person shall be eligible to be appointed as a public Prosecutor if he has been in practice for not
less than:
(a) Seven years
(b) Three years
(c) Ten years
(d) None of the above
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(c) Both (a) and (b)
(d) None of these
139. A person shall be eligible to be appointed as an Additional Public Prosecutor only if he has been in
practice as an advocate for not less than:
(a) Five years
(b) Six years
(c) Seven years
(d) Three years
140. For appointment of a special public prosecutor how many years, experience is required as an
practicing advocate:
(a) 7 years
(b) 10 years
(c) 15 years
(d) 5 years
141. Who can appoint a police officer as an assistant public prosecutor for courts of Magistrates?
(a) Superintendent of Police
(b) District and Sessions Judge
(c) District Magistrate
(d) High Court on the request of the State Government
143. Which one of the following Sections is related to the appointment of Assistant Public Prosecutor
under Criminal Procedure Code, 1973?
(a) Section 20
(b) Section 24
(c) Section 13
(d) Section 25
144. Section 25A was inserted in Cr. P.C. by which of the following Amendment Act?
(a) Cr. P.C. Amendment Act, 2008
(b) Cr. P.C. Amendment Act, 2005
(c) Cr. P.C. Amendment Act, 2009
(d) Cr. P.C. Amendment Act, 1978
POWER OF COURTS
145. Which of the following section of Criminal Procedure Code, 1973 is related to Juveniles
Jurisdiction?
(a) Section 25
(b) Section 26
(c) Section 27
(d) Section 28
146. The Court of Magistrate of the first class may pass a sentence of imprisonment for a term-
(a) Not exceeding three years or a fine not exceeding Rs.10,000.
(b) Not exceeding one years or a fine not exceeding Rs.5,000.
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(c) Not exceeding three years or a fine not exceeding Rs.5,000.
(d) Not exceeding seven years or a fine prescribed under the Code.
147. The Court of a Magistrate of the second class may pass a sentence of fine not exceeding-
(a) One thousands
(b) Three thousands
(c) Five thousands
(d) Ten thousands
148. Additional Chief Judicial Magistrate may pass a sentence of imprisonment extending up to-
(a) 5 years
(b) 7 years
(c) 3 years
(d) 10 years
149. The Court of Magistrate of first pass a sentence of imprisonment for a term not exceeding-
(a) Three years
(b) Five years
(c) Seven years
(d) Four years
150. Under the Criminal Procedure Code, the age of Juvenile is-
(a) 16 years
(b) 18 years
(c) 12 years
(d) None of the above
151. Any offence not punishable with death or imprisonment for life, committed by any person who is
under the age of sixteen years, at the date when he appears before the court may be tried by-
(a) Court of a Chief Judicial Magistrate
(b) Any court specially empowered under the children act 1960
(c) Any court specially empowered under any other law for time being in force providing for the
treatment, training and rehabilitation of youthful offenders.
(d) All of the above
152. What is the sentence which a Chief Judicial Magistrate may pass under section 29 of Cr. PC-
(a) Any sentence authorized by law
(b) Any sentence authorized by law but subject to confirmation of a death sentence passed by
such Judge by the High Court
(c) Any sentence authorizes by law, except a death sentences or life imprisonment or of
imprisonment exceeding seven years
(d) None of these
153. Which of the following statements is/are correct in respect of sentence which may be passed by
Magistrate-
1. Chief Metropolitan Magistrate has more powers than the courts of a Chief Judicial Magistrate
2. Metropolitan Magistrate shall have the powers of the court of a Magistrate of the second class.
3. Chief Metropolitan shall have the powers of the court of a Chief Judicial Magistrate
4. Both 2 and 3
Code:
(a) 1 and 2
(b) Only 3
(c) Only 4
(d) Only 1
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154. A Magistrate convicts an accused of theft for one years imprisonment and to the fine of one
thousand rupees. Maximum punishment for which can be sentenced to imprisonment default of
payment of time shall be-
(a) 1 year
(b) 9 months
(c) 5 months
(d) 6 months
155. Which of the following section of Cr. PC prescribed the provisions for imprisonment in default of
fine-
(a) Section 28
(b) Section 29
(c) Section 30
(d) Section 31
156. Where the person is convicted for several offences in one trial then the appeal of aggregate of the
consecutive sentences shall be-
(a) Single sentence
(b) Separate sentence
(c) Deemed to be single sentence
(d) Deemed to be separate sentence
158. For how much term a Magistrate may award imprisonment in default of payments of fine-
(a) Imprisonment equivalent to the term of imprisonment
(b) The term shall not exceed one fourth of the term of imprisonment which provided for the
offence.
(c) The term shall not exceed one third of the term of imprisonment which provided for the
offence.
(d) The term shall not exceed one half of the term of imprisonment which provided for the
offence
160. In which of the following cases the Court of a Magistrate may award such term of imprisonment in
default of payment of fine as is authorised by law:
(a) the term is not in excess of the powers of the Magistrate u/s. 29
(b) the term shall not, where imprisonment has been awarded as part of the substantive sentence,
exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as
punishment for the offence otherwise than as imprisonment in default of payment of the fine
(c) either (A) or (B)
(d) both (A) and (B)
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161. Sections 39 & 40 of Cr PC make it mandatory to give information regarding commission of certain
offences. Such information can be given to:
(a) a Magistrate
(b) a police officer
(c) either to a Magistrate or to a police officer
(d) the Magistrate & the police officer both simultaneously.
163. Under Section 32 Cr. P.C., where a Magistrate is invested with second class power on the date he
commences the trial of a case, but is invested with first class powers before he finishes it:
(a) he is competent to pass sentences on the accused under the first class powers
(b) he is not competent to pass sentences on the accused under the first class powers
(c) he is competent to pass sentences only in case of a fresh case and not an ongoing case
(d) none of them
165. Which section of the Cr PC provides that, in no case the aggregate of consecutive sentences passed
against an accused shall exceed 14 years:
(a) Section 31 of Cr PC
(b) Section 51 of Cr PC
(c) Section 34 of Cr PC
(d) Section 41 of Cr PC.
166. Under which section of Cr. P.C. offences falling under Section 376 and 376 (a) to (d) IPC as far as
possible are to be tried by a woman Presiding Judge?
(a) Section 26(a)
(b) Section 26(b)
(c) Section 55(a)
(d) None of the above
167. In the Code of Criminal Procedure, 1973, provisions for jurisdiction in case of juveniles have been
made under Section ______.
(a) 25
(b) 26
(c) 52
(d) 27
170. Under Criminal Procedure Code, 1973 which one of the following courts can try a murder case:
(a) Magistrate 1st class
(b) Chief Judicial Magistrate
(c) Sessions judge
(d) Any of the above court
172. Assistant Sessions Judge is, empowered to pass sentence of imprisonment term not exceeding:
(a) Five years
(b) Ten years
(c) Three years
(d) Seven years
173. A sentence of imprisonment for life passed by an Assistant Sessions Judge ______.
(a) is subject to confirmation by the High Court
(b) is beyond his power
(c) is not subject to confirmation by the High Court
(d) can be passed without hearing the parties
174. A sentence of imprisonment for a term of ten years may be passed by which one of the following?
(a) The Court of a Magistrate of the First Class
(b) The Court of a Chief Judicial Magistrate
(c) An Assistant Sessions Judge
(d) The Court of a Chief Metropolitan Magistrate
176. Additional Chief Judicial Magistrate may pass a sentence of imprisonment extending upto:
(a) 5 years
(b) 7 years
(c) 3 years
(d) 10 years
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177. The Court of a Magistrate of first class may pass a sentence of imprisonment for a term not
exceeding:
(a) Three years
(b) Five years
(c) Seven years
(d) Four years
178. Under Section 29(2) of the Code of Criminal Procedure, the Court of a Magistrate of the first class
may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding
_______ or both.
(a) Five thousand rupees
(b) Seven thousand five hundred rupees
(c) Ten thousand rupees
(d) Fifteen thousand rupees
180. A Judicial Magistrate First Class convicted an accused for offences punishable under Section 420
and 468 of the Indian Penal Code. How much maximum imprisonment can be he award him?
(a) Three years
(b) Six years
(c) Ten years
(d) Fourteen years
181. The Court of a Magistrate of the second class may pass a sentence of fine not exceeding rupees.
(a) One thousand
(b) Three thousand
(c) Five thousand
(d) Ten thousand
182. Under Section 29 of the Code of Criminal Procedure the Second Class Magistrate can pass
sentence upto:
(a) 1 year
(b) 2 years
(c) 3 years
(d) All the above
183. Which one of the following Sections of Criminal Procedure Code, 1973 provides sentence of
imprisonment by the Court of Magistrate in default of fine?
(a) Section 30(1)
(b) Section 31
(c) Section 32
(d) Section 34
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(c) Court can condone it
(d) None of these
185. If an accused at one trial is convicted of and punished with imprisonment in two offences, under
Section 31 of the Code of Criminal Procedure, 1973; the imprisonments in the absence of any
specific direction of the court, will run:
(a) Consecutively
(b) Concurrently
(c) Consecutively as per direction of Jail Authorities
(d) Concurrently as per direction of Jail Authorities
186. Under Section 37 of Code of Criminal Procedure every person is bound to assist a Magistrate or a
Police Officer _______.
(a) in the taking or preventing the escape of any other person whom such
(b) in the prevention or suppression of breach of peace
(c) in the prevention of any injury attempted to be committed to railways
(d) All of the above
187. Which one of the following section of Cr. P.C. provides public to give information of certain
offences to the police officer?
(a) Section 38
(b) Section 40
(c) Section 39
(d) All of the above
188. In relation to the commission of which of the following offence, the general public does not have a
duty under section 39 of Cr. P.C. to give information to the nearest Magistrate or police officer;
(a) Criminal breach of trust by public servant
(b) Kidnapping for ransom
(c) Mischief by destroying a light-house
(d) House-trespass in order to commit offence punishable with imprisonment,
189. Every person is under an obligation to give information about the commission of the offence to the
nearest Magistrate of police officer.
(a) Offences in Section 115-120 IPC
(b) Offences in Section 121-126 IPC
(c) Offences in Section 127-132 IPC
(d) Offences in Section 132-140 IPC
ARREST OF PERSONS
190. Under which section of the Code of Criminal Procedure, a private person has been empowered to
arrest any person who is in his presence committees a non- bailable and cognizable offence or any
proclaimed offender?
(a) Section 43
(b) Section 44
(c) Section 45
(d) Section 46
191. When investigation cannot be completed within twenty four hours, then before whom the accused
person will be presented?
(a) Magistrate having territorial jurisdiction to hear the case
(b) Nearest Judicial Magistrate
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(c) Nearest Judicial Magistrate or Executive Magistrate
(d) Nearest Executive Magistrate
194. In which one of the following sections of the Criminal Procedure Code, 1973 it is mandatory to
produce a person before the Magistrate within 24 hours of arrests?
(a) Section 51
(b) Section 56
(c) Section 57
(d) Section 59
195. Which one of the following section of Cr. PC provides identification of arrested person?
(a) Section 54
(b) Section 54A
(c) Section 55A
(d) Section 60A
197. Now the identification parade of an arrested person may be conducted under
(a) Under section 9 of the Indian Evidence Act, 1872
(b) Under section 54(A) of the Code of Criminal Procedure, 1973
(c) Under section 157 of the Code of Criminal Procedure, 1973
(d) Under section 9 of the Indian Evidence Act, 1872 with Section 157 of the Code of Criminal
Procedure, 1973
198. For how long a person arrested by a police officer may be kept in police custody without the order
of Magistrate under section 167 Cr. PC-
(a) Three days
(b) Thirty hours
(c) Twenty four hours
(d) Forty eight hours
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199. Amongst the following statements which statement is correct?
(a) Any Police Officer having authority to arrest, in orders to effect an entrance into a place, may
break open any door of the hours for search and arrest of the person concerned
(b) A Police Officer may pursue the person concerned into any place in India.
(c) A Police Officer has a duty to communicate to the person arrested the grounds of his arrest
and of right to bail.
(d) All of these
200. To whom an officer in charge of the police station shall report the cases of all persons arrested
without warrant?
(a) Sessions Judge
(b) Judicial Magistrate having territorial jurisdiction to try the case
(c) Superintendent of police
(d) District Magistrate
201. Which section of Cr. PC provides that every arrest shall be made in accordance with the code or
any other law for the time being in force
(a) Section 60A
(b) Section 54A
(c) Section 55A
(d) Section 60
202. When any person is arrested and interrogated by the police, he will be entitled to meet an advocate
of his choice-
(a) During interrogation throughout interrogation
(b) After the interrogation only
(c) During interrogation though not throughout interrogation
(d) Either (a) or (c)
204. No member of the armed forces of the union shall be arrested for anything done in Discharge of
his official duties except after attaining the consent of-
(a) The Defense Minister
(b) The Finance Minister
(c) The concerned State Government
(d) The Central Government
206. Power to arrest a person committing a non-cognizable offence is given to a police officer on-
(a) The permissions of Superior Officer
(b) In refusal to give true names and residence
(c) The presence of a Magistrate
(d) Cannot be arrested in any situation
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207. Any Police Officer may without an order from a Magistrate and without a warrant arrest any
person against whom-
(a) A reasonable complaint has been made as to cognizable offence
(b) Credible information has been received as to cognizable offence
(c) A reasonable suspicion exists as to cognizable offence
(d) All of the above
208. Under section 41(2) person concerned in a non-cognizable offence or against whom a complaint
has been made or credible information has been received shall be arrested without a warrant or
order of a Magistrate this statements is-
(a) True
(b) False
(c) Not provided in Cr. PC
(d) None of the above
209. If a person forcibly resists the endeavor to arrest him or attempts to evade the arrest, such police
officer or other person may use all a means necessary to effect the arrest provides under-
(a) Section 46
(b) Section 45
(c) Section 44
(d) Section 48
210. Which of the following must be fulfilled by the officer at the time of making arrest-
(a) Visible and clear identification of his name which will be facilitate easy identification
(b) Prepare a memorandum of arrest
(c) Inform the person arrested that he has right to have a relative or friend named by him to be
informed of his arrest unless the memorandum is attested by a member of his family.
(d) All of these
212. When any offence is committed in the presence of a Magistrate, such offender arrested by-
(a) Judicial Magistrate himself or order any person to arrest the offender
(b) Executive Magistrate himself or order any person to arrest the offender
(c) Either (a) or (b)
(d) Only (a)
213. Person arrested to be informed of grounds of arrest and of right to bail, provides under-
(a) Section 47
(b) Section 48
(c) Section 49
(d) Section 50
218. No woman shall be arrested after sunset and before sunrise as added in section 46(4) of Cr. PC by
2005 amendment. However she can be arrested in exceptional circumstance with the prior
permission-
(a) District Magistrate
(b) Judicial Magistrate of 1st class
(c) Judicial Magistrate of 2nd class
(d) S.D.M.
219. Which section of the Criminal Procedure Code deals with search of arrest persons-
(a) Section 50
(b) Section 51
(c) Section 53
(d) Section 54
220. Which section of the Cr. PC empowers Police Officer to break open door and windows for the
purpose of liberation of any person-
(a) Section 47
(b) Section 48
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(c) Section 49
(d) Section 50
221. Whenever it is necessary to cause a woman to be searched the search shall be made by-
(a) Another women with strict decency
(b) Sub- Inspector
(c) Superintendent of Police
(d) Any Police Officer in the presence of Magistrate
222. A report of person apprehended without warrant shall be given by the officer in charge of police
station to-
(a) Only District Magistrate
(b) Only Sub- Divisional Magistrate
(c) Judicial Magistrate of first class
(d) Either to the District Magistrate or Sub- Divisional Magistrate
223. Where a police officer arrests without warrant any person other than a person accused of a non-
bailable offence, he shall inform the person arrested that-
(a) He is entitled to be released on bail and he may arrange for sureties
(b) He will be informed the particular of the offence and grounds of arrest
(c) Both (a) and (b)
(d) None of the above
224. If a person in lawful custody escapes, the person from whose custody he escaped may,
immediately pursue and arrest him-
(a) Within local limits of the police station concerned
(b) Within local limits of the district
(c) Within local limits of the state
(d) In any place in India
226. Section 41B Cr. P.C. states that the memorandum of arrest under shall be:
(a) attested by at least one witness, who is a member of the family of the person arrested or a
respectable member of the locality where the arrest is made
(b) countersigned by the person arrested
(c) either (A) and (B)
(d) both (A) and (B)
227. If a person was kept in at the police station since the morning of 27-9-1990 but the arrest was
shown to be made on 28-8-1990, the arrest is:
(a) is rightly dated as the person was handcuffed put behind bars on the proceeding date of the
person‟s detainment in the police station
(b) is rightly dated as the person was only touched to arrested on the day of the person‟s
detainment
(c) is wrongly dated as the person was detained with the view of arresting him
(d) both (A) and (B)
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228. What does Section 45 Cr. P.C. seeks to achieve?
(a) to protect members of the Armed Forces from arrest where they do or purport to do something
in the discharge of their official duties
(b) the empower the State Government under sub-section (2) to extend the protection afforded in
sub-section (1) to specified class of members of the Force maintaining public order
(c) to protect members of the Air Force from arrest where they do or purport to do something in
the discharge of their official duties
(d) both (A) and (B)
229. According to Section 43 Cr. P.C. a private person is entitled to arrest or cause to be arrested any?
(a) who in his view commits a non – bailable and cognizable offences
(b) who is a proclaimed offender
(c) either (A) or (B)
(d) none of them
230. The section making it mandatory for the police officer making arrest to inform about the arrest and
place where the arrested person is being held to a nominated person as inserted by Criminal
Procedure (Amendment) Act, 2005 (25 of 2005) is:
(a) section 50A
(b) section 53A
(c) section 54A
(d) section 53B.
231. Examination of person accused of rape by medical practitioner as inserted by Criminal Procedure
(Amendment) Act, 2005 (25 of 2005) has been provided under:
(a) section 50A
(b) section 53A
(c) section 54A
(d) section 54.
232. Section 41 Cr. P.C. is not controlled by Section 55 Cr. P.C. as:
(a) the arrest is made with a warrant
(b) the arrest is without a warrant
(c) the arrest affects the investigation
(d) all of them
233. _________ of the Code of Criminal Procedure, 1973 deals with the power of the Magistrate to
arrest?
(a) Section 40
(b) Section 44
(c) Section 48
(d) Section 52
234. _________ of the Code of Criminal Procedure, 1973 allows a person making arrest to seize
offensive weapons.
(a) Section 41
(b) Section 49
(c) Section 52
(d) Section 55
235. Every summons issued by a court under this code shall be-
(a) In writing
(b) In duplicate
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(c) Signed lay the presiding officer of such court
(d) All of these
237. Which of the following statement is/are correct in the light of service when persons summoned
cannot be found under section 64 of Cr. PC-
(a) A servant is a member of the family within the meaning of above section
(b) Summons may be served by leaving one of the duplicates for him with some adult female
member of his family residing with him.
(c) Summons may be served to adult male member of his family residing with him.
(d) All of these
239. In order to compel appearance of a person who is absconding in spite of a warrant of arrest being
issued against him, his property may be ordered to be attached simultaneously with issuance of a
proclamation under section 83 of the Code of Criminal Procedure provided that the court is
satisfied that such person is-
(a) About to dispose of the whole or any part of his property
(b) About to remove the whole or any part of property from the local jurisdiction of the court
(c) Either condition in (a) or (b) exists
(d) Both conditions in (a) and (b) co-exists
240. Under which section of Cr. PC a person who is avoiding execution of a warrant may be proclaimed
absconder?
(a) Section 81
(b) Section 82
(c) Section 83
(d) Section 84
241. Under which section of Cr. PC an order for attachment of property of person absconding may be
passed at any time after the issue of the proclamation?
(a) Section 83
(b) Section 84
(c) Section 82
(d) Section 81
242. Order of attachment of property of person absconding shall authorize the attachment of any
property belonging to such person-
(a) Within the district in which it is made
(b) Without such district when endorsed by Chief Judicial Magistrate
(c) Without such district when endorsed by the District Magistrate within whose district such
property is situate.
(d) Both (a) and (c)
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243. If the property ordered to be attached is a debt or other movable property the attachment under this
section shall be made by-
(i) Seizure
(ii) The appointment of a receiver
(iii) An order in writing prohibiting the delivery of such property to the proclaimed person or to
any one on his behalf.
(iv) All or any two of such methods, as the court thinks fit code.
Code:
(a) (i) and (ii)
(b) (i), (ii) and (iv)
(c) Only (i)
(d) (i), (ii), (iii) and (iv)
245. In spite of the service of summons on a witness to appear before the court, he remains absent what
action may be taken by the court?
(a) The court is bound to re-summon the witness
(b) No action can be taken against the witness
(c) In absence of any reasonable ground for not appearing in the court, it may issue warrant of
arrest.
(d) None of the these
246. The court may publish a proclamation requiring the person absconding to appear at a specified
place, date and time, which shall not be less than ……………. from the date of such publication.
(a) 20 days
(b) 30 days
(c) 40 days
(d) 60 days
247. Service of summons on corporate bodies and societies may be effected by serving it on-
(a) The Secretary
(b) Local manager or other principal officer of Corporation
(c) By letter sent by registered post addressed to the Chief Officer of the Corporation of India
(d) Any of the above (a), (b) and (c)
249. Where the person summoned is in the active service of the Government the Court issuing the
summons shall ordinarily send it in duplicate to the Head of the Office in which such person is
employed. This provided by-
(a) Section 63 of the Cr. PC
(b) Section 64 of the Cr. PC
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(c) Section 65 of the Cr. PC
(d) Section 66 of the Cr. PC
251. Which one of the following group of section of Cr. PC deals with proclamation and attachment?
(a) Section 80 to 85
(b) Section 82 to 86
(c) Section 82 to 90
(d) Section 80 to 86
252. Attachment of land paying revenue to the State Government of a person absconding shall be made
(Discuss)
(a) By taking possession
(b) By appointing a receiver
(c) Through Collector of the District where land is situated
(d) By any other means deemed fit
253. Under which provision of the Cr. PC, may a Court a proclamation requiring a person to appear at a
specified place, if the Court has a reason to believe that the person has absconded?
(a) Section 40
(b) Section 42
(c) Section 73
(d) Section 82
255. Against whom a proclamation under section 82, Cr. PC, may not be issued?
(a) Witness
(b) Offender
(c) Surety
(d) None of these
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257. If any claim is to be preferred or objection is to be made to the attachment of any property under
section 83, it should be made within …………………… from the date of such attachment.
(a) One month
(b) Three months
(c) Six months
(d) One year
258. If the proclaimed person appears within the time specified in the proclamation, the court shall-
(a) Confiscate the property
(b) Not release the property attached
(c) Release the property attached
(d) None of the aboveo
262. Of the three clauses of sub-section (2) (i) of Section 82 Cr. PC.:
(a) clause a and c are conjunctive and clause b is not disco junctive
(b) clause b and c are conjunctive and clause a is not disco junctive
(c) clause a and b are conjunctive and clause c is not disco junctive
(d) clause a, b and c are conjunctive and not disco junctive
263. Which Section of Cr. PC. States that warrant issued by a Magistrate of India may be executed at
any place in India?
(a) Section 57 Cr. PC.
(b) Section 67 Cr. P.C.
(c) Section 77 Cr. P.C.
(d) Section 87 Cr. P.C.
266. Procedure by Magistrate before whom a person against whom warrant has been issued, is arrested
and is brought is mentioned under:
(a) Section 69 Cr. P.C.
(b) Section 75 Cr. P.C.
(c) Section 77 Cr. P.C.
(d) Section 81 Cr. P.C.
267. Warrant directed to police officer for execution outside jurisdiction is covered under:
(a) Section 79 Cr. P.C.
(b) Section 89 Cr. P.C.
(c) Section 99 Cr. P.C.
(d) Section 100 Cr. P.C.
268. Which section of Cr. P.C. does not contemplate service of summons through registered post and
under which condition service of post is contemplated?
(a) Section 20, Section 30; summons on arrest
(b) Section 40, Section 41; summons on maintenance proceedings
(c) Section 50, Section 51; summons on bail
(d) Section 61, Section 62; summons on witnesses
270. The recording of reasons in writing is a condition under Section 87 Cr. P.C. is:
(a) Subsequent to the exercise of the power and is not curable under Section 464 Cr. P.C.
(b) Precedent to the exercise of the power and is curable under Section 464 Cr. P.C.
(c) Precedent to the exercise of the power and is not curable under Section 464 Cr. P.C.
(d) Precedent to the exercise of the power and is curable under Section 454 Cr. P.C.
272. Which of the following section gives power to issue a warrant in lieu of, or in addition to, a
summons and under which condition it applies?
(a) Section 87 Cr. P.C.; (i) the Court believes that the person summoned has absconded or will
fail to turn up, (ii) where he has without reasonable caused failed to appear
(b) Section 88 Cr. P.C.; (i) the Court believes that the person summoned has absconded or will
fail to turn up, (ii) where he has without reasonable caused failed to appear
(c) Section 89 Cr. PC.; (i) the Court believes that the person summoned has absconded or will fail
to turn up, (ii) where he has without reasonable caused failed to appear
(d) Section 89 Cr. P.C.; (i) the Court believes that the person summoned has absconded or will
fail to turn up, (ii) where he has without reasonable caused failed to appear
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273. The recording of reasons in writing is a condition under Section 87 Cr. P.C. is:
(a) Subsequent to the exercise of the power and is not curable under Section 464 Cr. P.C.
(b) Precedent to the exercise of the power and is curable under Section 464 Cr. P.C.
(c) Precedent to the exercise of the power and is not curable under Section 464 Cr. P.C.
(d) Precedent to the exercise of the power and is curable under Section 454 Cr. P.C.
274. Who may issue a summons to produce document, or other thing which is necessary or desirable
for the purposes of any investigation etc.-
(a) Court
(b) Officer in charge of a police station
(c) Either (a) or (b)
(d) Only (a)
276. Who is empowered to issue a search warrant for search of persons wrongfully confined?
(a) District magistrate
(b) Sub-divisional magistrate
(c) Judicial magistrate of the first class
(d) All of the above
277. Who can issue a search warrant to search for any document in the custody posted or telegram
authority.
(a) District Magistrate
(b) Civil Court
(c) Revenue Court
(d) None of the above
278. Which provision of the Cr. PC resembles with habeas corpus writ?
(a) Section 91
(b) Section 97
(c) Section 93
(d) Section 96
280. Which of the following is not an essential search-procedure under section 100 of the code of
criminal procedure, 1973
(a) Joining of two independent and respectable inhabitants of the locality in the search as
witnesses.
(b) Signing of search-memo by the witnesses to search
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281. Amongst the following statements, which of the following statement is false?
(a) In the cases in which the court is empowered to issue summons, it may issue warrants of
arrest after recording reasons thereof
(b) The district magistrate, sub-divisional magistrate or judicial magistrate of the first class is
empowered to issue warrants for the search of persons wrongfully confined.
(c) The officer-in-charge of a police station is empowered to issue warrants for the search of
persons wrongfully confined and the women abducted or kidnapped.
(d) Whenever it is necessary to cause a female to be searched the search shall be made by
another females with strict regard to decency.
282. In which of the following section of the criminal procedure code, 1973 search for persons
wrongfully confined has been provided?
(a) Section 95
(b) Section 97
(c) Section 98
(d) Section 99
283. Nothing under section 91, criminal procedure code, shall be deemed to affect-
(a) Section 123 and 124, Indian evidence act, 1872
(b) Bankers‟ books evidence act, 1891
(c) Letter, postcard, telegram other document parcel as thing in the custody of the postal or
telegraph authority.
(d) All of the above
284. To set aside the forfeiture under section 95 of the criminal procedure code, application may be
given to the–
(a) Session court
(b) High court
(c) Supreme court
(d) All of these
287. A search-warrant authorizes a police officer or any other person to search a certain place. In this
respect, what is meant by search?
(a) General search
(b) Search of particular documents or things
(c) Search of general or particular documents or things
(d) None of the above
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288. Where a magistrate, not empowered by law to issue a search warrant for a place suspected to
contain stolen property, erroneously issues a search warrant.
(a) The search proceedings shall be void & liable to be set aside
(b) The search proceedings shall not be void & not liable to be set aside merely on the ground of
his not being so empowered
(c) The search proceedings shall be set aside only if challenged by any person aggrieved by the
search.
(d) Either (b) or (c)
289. Under which one of the following sections of Criminal Procedure Code, 1973 summons to produce
documents any be issued to the person in whose possession they are?
(a) Section 90
(b) Section 95
(c) Section 94
(d) Section 91
290. Section 91 of the Code of Criminal Procedure 1973, does not apply to: (Discuss)
(a) The complaint
(b) The witness
(c) The accused
(d) A person who is neither a complaint or accused or a witness
291. Whether any criminal court can impound any document produced before it?
(a) Yes
(b) No
(c) Only Civil Court can impound
(d) With the consent of the senior officer it can be impounded
292. Where court has no knowledge about the document or thing to be in the possession of any person?
Whether the Court can issue search warrant in such condition.
(a) No
(b) Only in such condition when it is known about the specific article
(c) Yes
(d) When specific place or person is specified
293. Can a Magistrate order the search of any place of anyplace in his presence for the search of which
he is empowered to issue a search warrant?
(a) Yes, under Section 103 Cr. PC
(b) Yes, under Section 104 Cr. PC
(c) No
(d) Yes, under Section 105 Cr. PC
294. What is the difference between Section 94 Cr. P.C. and Section of Railway property (unlawful
possession) Act, 1966?
(a) Section 94 Cr. P.C. prescribe territorial limitations with regard to the jurisdiction of the
Magistrate issuing search warrant, but Section 10 of the Railway Property Act does not
prescribe territorial limitation
(b) Section 94 Cr. P.C. does not prescribe territorial limitations with regard to the jurisdiction of
the Magistrate issuing search warrant, but Section 10 of the Railway Property Act prescribes
territorial limitation
(c) Section 94 Cr. P.C. prescribe conditional limitations with regard to the jurisdiction of the
Magistrate issuing search warrant, but Section 10 of the Railway Property Act does not
prescribes conditional limitation
(d) none of them
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295. As per Section 93 Cr. P.C.:
(a) search and seizure pursuant to a warrant u/s. 93 obtained during an investigation is nothing
but an integral step in an investigation
(b) it comprehends a situation where a search warrant can be issued as the Court is unaware not
only of the person but even the place where the documents may be found and a general search
is necessary
(c) One cannot cut down the power of the Court u/s. 93 (1) (c) Cr. P.C. by importing into it some
of the requirements of Section 93 (1) (b) Cr. P.C.
(d) all of them
297. Guarantees of which Article of the Constitution of India is violated by Section 95 Cr. PC.?
(a) Article 19 (1) (a) of the Constitution of India
(b) Article 19 (1) (b) of the Constitution of India
(c) Article 19 (1) (g) of the Constitution of India
(d) none of them
298. Section 93(3) of Cr PC provides that Magistrate other than a District Magistrate or Chief Judicial
Magistrate shall issue warrant of search for a document, parcel or other thing in the custody of
postal & telegraph authority. If any Magistrate not so specified issues such a warrant:
(a) the search proceedings shall be void
(b) the search proceedings shall be voidable if challenged, at the instance of person aggrieved
(c) shall remain valid
(d) None of the above.
299. Joining of two or more independent and respectable inhabitants of the locality in which the place is
to be searched is the mandate under:
(a) Section 100(1) of Cr PC.
(b) Section 100(2) of Cr PC
(c) Section 100(3) of Cr PC
(d) Section 100(4) of Cr PC.
300. Search without warrant can be conducted under section 103 of Cr PC:
(a) in the presence of the Magistrate who is competent to issue search warrant in respect of any
place
(b) in the presence of the Magistrate who is not competent to issue search warrant in respect of
any place
(c) both (a) & (b)
(d) Neither (a) nor (b).
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302. Under section 95 of Cr PC certain publications can be forfeited and search warrant can be issued for
the same. In this context, the propositions are:
A newspaper cannot be forfeited & search warrant cannot be issued for the same as it would be
violative of the fundamental right of speech & expression and involves the fourth estate.
A. A book can be forfeited & search warrant can be issued for the same.
B. A document can be forfeited & search warrant can be issued for the same.
Which of the following is correct?
(a) A & B are correct
(b) A & C are correct
(c) B & C are correct
(d) A, B & C all are correct.
304. The period of limitation for an application to set aside the declaration of forfeiture has been
provided:
(a) Under section 95 of Cr PC
(b) Under section 96 of Cr PC
(c) Under section 97 of Cr PC
(d) Under section 98 of Cr PC.
And the same is:
(a) one month from the date of publication of declaration
(b) two months from the date of publication of declaration
(c) three months from the date of publication of declaration
(d) Six months from the date of publication of declaration.
305. Which of the following offences under the Indian Penal Code are covered under Section 95 of the
Cr. P.C?
(a) Section 124 A only
(b) Section 153 A and Section, 153
(c) Section 237
(d) Section 242
306. Who amongst the following is not competent under section 92 of Cr PC to order the postal or
telegraph authority to deliver the document(s)/thing:
(a) District Magistrate
(b) Judicial Magistrate
(c) Metropolitan Magistrate
(d) None of the above.
307. The word „inspection‟ used in section 93(1) (c), Cr PC refers to:
(a) things or documents
(b) locality & place
(c) both (a) & (b)
(d) Either (a) or (b).
310. Which of the following Magistrates can order the habitual offenders of robbery or house breaking
to execute a bond with or without sureties?
(a) Judicial Magistrate 2nd Class
(b) Judicial Magistrate 1st Class
(c) Executive Magistrate
(d) Any of these
311. Under which section of criminal procedure code, provision for security for keeping the peace on
conviction exists?
(a) Section 108
(b) Section 106
(c) Section 109
(d) Section 111
312. An executive magistrate may require such person to furnish security for keeping the peace, when
he receives an information that any person is-
(a) Likely to commit a breach of peace
(b) Likely to disturb the public tranquility
(c) Likely to do any wrongful act that may provably occasion a breach of peach or disturb the
public tranquility
(d) All of the above
313. On conviction of the accused person, upto how much period the court may, order him to execute a
bond for keeping peace and for good behavior?
(a) Six months
(b) One year
(c) Two years
(d) Three years
314. Who is empowered to order the accused person on his conviction to execute a bond for keeping
peace and for good behavior?
(a) Executive magistrate
(b) Session judge
(c) Judicial magistrate of the first class
(d) Sessions judge or judicial magistrate of the first class.
315. Who is empowered to order security for keeping the peace under sections 107, to 110 Criminal
Procedure Code?
(a) Superintendent of police
(b) Executive magistrate
(c) Sessions judge
(d) Judicial magistrate of the first class
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316. Proceeding under session 107 of criminal procedure code 1973, before any executive magistrate
when-
(i) Either the place where the breach of the peace
(ii) Either disturbance is apprehended is within his local jurisdiction
(iii) Within such jurisdiction a person who is likely to commit a breach of the peace or distribute
the public tranquility
(iv) To do any wrongful act as aforesaid beyond such jurisdiction.
Code-
(a) (i) and (ii)
(b) (i), (ii) and (iii)
(c) (i), (iii) and (iv)
(d) (i), (ii), (iii) and (iv)
317. Under section 107 of Cr. PC when an executive magistrate receives information that any person is
likely to commit a breach of the peace or disturb the public tranquility ordered to execute a bond for
keeping the peace for such period –
(a) Not exceeding one year as the magistrate thinks fit
(b) Not exceeding two years as the magistrate thinks fit
(c) Not exceeding 3 years as the magistrate thinks fit
(d) None of these
318. Match list –I with list – II and select the correct answer using the code given below-
List- I List- II
A. Security for keeping peace on conviction (i) Section 110
B. Security for good behavior form suspected persons (ii) Section 107
C. Security for good behavior form habitual offenders (iii) Section 109
D. Security of keeping peace in other cases (iv) Section 106
Code
A B C D
(a) (iv) (iii) (i) (ii)
(b) (i) (ii) (iii) (iv)
(c) (i) (iv) (iii) (ii)
(d) (iii) (ii) (i) (iv)
319. From which of the following person security for good behavior under section 108 of the Code of
Criminal Procedure 1973, can be demanded-
(a) Vagrant and suspected persons
(b) Habitual offenders
(c) Accused of an offence
(d) Persons disseminating seditions matter
320. Which one of the following offences has not been enumerated under section 110 of the Cr. PC
1973, which empowers an executive magistrate to require such person to show cause why he
should not be order to execute a bond for his good behavior?
(a) Drugs and cosmetics act, 1940
(b) Dowry prohibition act, 1961
(c) Foreign exchange regulation act, 1973
(d) Un touch ability (offences) act, 1955
321. If a person in respect of whom an order requiring security is made under section 106 or 117 of Cr.
PC is, at the time such order is made, undergoing a sentence of imprisonment, the period for which
such security is required shall commence-
(a) On the expiration of such sentence
(b) Concurrently
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(c) At no time
(d) On the date determined by the court
322. Which of the following statements is/are correct in the light of security for keeping the peace on
conviction under section 106 of Cr. PC-
(a) In the conviction is set aside on appeal or otherwise, the bond so executed shall become void
(b) An order under this section may also be made by an appellate court or by a court when
exercising its powers of revision
(c) Both (a) and (b)
(d) Only (a)
323. Which of the following are the safeguards in an event if the inquiry is unfavourable to the person
under Section 117 Cr. P.C.?
(a) the terms and conditions cannot be more onerous than those fixed in the notices
(b) the amount of the bond shall be reasonable
(c) if the person is a minor, the bond is not executed by his sureties
(d) all of them
324. Under which Section 107 Cr. P.C. the Magistrate has power to drop proceedings initiated-
(a) Even after a formal order has been under u/s 111 Cr. P.C. has been drawn up and before an
inquiry under Section 116 Cr. P.C.
(b) Even after a formal order has been under u/s 111 Cr. P.C. has been drawn up and before an
inquiry under Section 118 Cr. P.C.
(c) Even after a formal order has been under u/s 111 Cr. P.C. has been drawn up and before an
inquiry under Section 120 Cr. P.C.
(d) Even after a formal order has been under u/s 111 Cr. P.C. has been drawn up and before an
inquiry under Section 122 Cr. P.C.
325. Under which Section 107 Cr. P.C. the Magistrate has power to drop proceedings initiated
(a) Even after a formal order has been under u/s 111 Cr. P.C. has been drawn up and before an
inquiry under Section 116 Cr. PC.
(b) Even after a formal order has been under u/s 111 Cr. P.C. has been drawn up and before an
inquiry under Section 118 Cr. P.C.
(c) Even after a formal order has been under u/s 111 Cr. P.C. has been drawn up and before an
inquiry under Section 120 Cr. P.C.
(d) Even after a formal order has been under u/s 111 Cr. P.C. has been drawn up and before an
inquiry under Section 122 Cr. P.C.
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(c) the object of enabling a Magistrate to take security for good behaviour is for the prevention
offences in future
(d) none of them
328. Which of the following cases held that there is no conflict between sections 107 and 145 of Cr.
P.C.? The words in S.145 are mandatory, while the language of S.107 is discretionary.
(a) Balajit Singh v. Bhoju Ghose (1907) 35 Cal 117.
(b) Shama Charan Chakravarti v. Katu Mundal (1897) 24 Cal 344.
(c) Kali Kissen Tagore v. Anund Chunder Roy (1896) 23 Cal557
(d) None of these
330. Which of the following is true under Section 123 Cr. P.C.?
(a) The Chief Judicial Magistrate may release a person before the expiration of the period with or
without conditions, if it can be done without hazard to the community or to any other person
(b) it is open to him to reduce the amount or number of sureties, or shorten the period of security
(c) if there is a breach of the condition, the order of discharge is liable to be cancelled and the
person can be called upon to furnish sureties for the rest of the unexpired term
(d) all of them
331. Which of the following are the safeguards in an event if the inquiry is unfavourable to the person
under Section 117 Cr. PC.?
(a) the terms and conditions cannot be more onerous than those fixed in the notices
(b) the amount of the bond shall be reasonable
(c) if the person is a minor, the bond is not executed by his sureties
(d) all of them
333. If the person in respect of whom such order is made is present in Court under Section 112 Cr. P.C.:
(a) it shall be read over to him
(b) the substance of thereof shall be explained to him
(c) it shall be given to him in writing
(d) both (A) and (B)
334. Section 125 of the code of criminal procedure code, 1973 makes provision regarding „order for
maintenance‟ to –
(i) Wives
(ii) Children
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(iii) Parents
(iv) Parents of wife
Code:-
(a) Only (i)
(b) (i) and (ii)
(c) (i), (ii) and (iii)
(d) (i), (ii), (iii) and (iv)
335. After enactment of the Muslim woman (protection of rights on divorce) act, 1986, the jurisdiction
under section 125 of the Criminal Procedure Code, 1973 to grant maintenance to Muslim women
(a) Retained
(b) Ceased
(c) Limited
(d) None of the above
336. In which of the following cases the supreme court held that section 125 Criminal Procedure Code
was applicable to all irrespective of their religion
(a) Mohd. Tajuddin V. Qammaruddin
(b) Mohd. Ahmad Khan V. Shah Banu Begum
(c) Teja Singh V. Chhotto
(d) Mst. Zohra Khatoon V. Mohd Ibrahim.
337. Who among the following is not entitled to claim maintenance under section 125 code of criminal
procedure?
(a) Divorced wife so long as she does not marry.
(b) Unmarried sister.
(c) Adoptive mother.
(d) Illegitimate minor child
338. Who of the following cannot claim maintenance under section 125 (4) of the code of criminal
procedure?
(a) Wife living in adultery.
(b) Wife living separately by mutual consent.
(c) Both (a) and (b)
(d) Either (a) or (b)
339. Where husband offers to maintain his wife on condition of her living with him, and she refuses to
live with him-
(a) Magistrate may make an order under section of code of criminal procedure notwithstanding
such offer, if he satisfied that there is just ground for so doing.
(b) Magistrate shall reject to make an order under section 125 of code of criminal procedure if
wife refuse to live with her husband.
(c) Both (a) and (b)
(d) None of these.
340. No warrant shall be issued for the recovery of any amount due under section 125 code of criminal
procedure unless application be made to the court to levy such amount –
(a) Within a period of one year from the date on which if become due.
(b) Within a period of six month from the date on which it became due
(c) Within a period of three month from the date on which it became due.
(d) Within a period of 3 years from the date on which it became due.
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341. Under which one of the following section of the criminal procedure code, 1973 Monthly
allowances or the interim monthly allowances for maintenance can be altered?
(a) Section 125
(b) Section 126
(c) Section 127
(d) Section 128
342. Who amongst the following unable to maintain herself due to physical abnormality cannot claim
maintenance under section 1255 code of criminal procedure?
(a) Illegitimate minor unmarried daughter
(b) Illegitimate major married daughter
(c) Illegitimate minor married daughter
(d) Illegitimate major unmarried daughter.
343. Who can pass the order under provision of section 125 of code of criminal procedure
(a) Magistrate of first class.
(b) Magistrate of second class.
(c) Only chief judicial magistrate.
(d) Either (a) or (b)
344. Under section 125, criminal procedure code, amongst the following statements, which
statement is false?
(a) A Muslim wife is entitled to get maintenance allowance from her husband.
(b) A minor child of a divorced Muslim woman can also claim.
(c) A father is entitled to get maintenance allowance from his married daughter.
(d) A widowed daughter – in – law is entitled to get maintenance allowance from her mother – in
– law and father – in – law having sufficient means.
345. An order passed under Section 125 of Cr. PC can be challenged by the unsuccessful party by filing
a revision
(a) Only before Chief judicial magistrate
(b) Only before Session Judge
(c) Only before High Court
(d) Either before the Session Judge or High Court
346. In which case it was held by the Hon‟ble Supreme Court that a married daughter is also liable to
maintain her parents?
(a) Vijay Manohar Arbat vs. Kashirao
(b) Savita Ben vs. State of Gujarat
(c) Kritikant Vadodario vs. State of Gujarat
(d) N.B. Bhikshu vs. State of A.P.
347. No wife shall be entitled to receive maintenance from her husband under Section 125 of Cr. PC if:
(a) She has obtained a divorce from husband and has not remarried
(b) She is unable to maintain herself
(c) She refused to live with her husband on the ground that keeps a mistress
(d) She is living in adultery
348. Which of the following are liable under section 125(1)(d) of the Code of Criminal Procedure for
payment of maintenance to their parents, who are unable to maintain themselves?
(a) Sons only
(b) Daughters only
(c) Sons and daughters both
(d) None of the above
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349. According to Section 125 of the Criminal Procedure, a Magistrate firs class can order a monthly
allow for maintenance of persons therein for:
(a) not more than Rs. 500
(b) not more than Rs. 1,500
(c) not more than Rs. 5,000
(d) the amount as the magistrate may deem fit and proper in the case with no limitation on the
maintenance amount to be awarded
350. A …….. is not entitled to maintenance under Section 125 of the Code of Criminal Procedure,
1973.
(a) Wife unable to maintain herself
(b) Divorced Wife (not re-married)
(c) Minor daughter
(d) Divorced wife re-married
351. Who cannot claim maintenance under Section 125 of Criminal Procedure Code, 1973 from a
person having sufficient means, who neglects or refuses to maintain him/her (discuss)
(a) Father and mother unable to maintain themselves
(b) illegitimate minor child unable to maintain himself
(c) Wife unable to maintain to maintain himself
(d) Brother unable to maintain himself
353. For the purpose of Section 125, Cr PC minor means a person who has
(a) not attained the age of 14 years
(b) not attained the age of 16 years
(c) not attained the age of 18 years
(d) not attained the age of 21 years
355. Who amongst the following is not entitled for maintenance under Section 125 Cr PC 1973?
(a) Illegitimate minor child
(b) Divorced wife
(c) Father
(d) Uterine brother
358. The maximum limit of Rs. 500 that could be paid to the wife as maintenance under Section 125 of
Cr PC 1973 was removed in
(a) 1973
(b) 1989
(c) 2001
(d) 2007
359. Which of the following statements is not correct, with reference to Section 125 of the Code of
Criminal Procedure? (Discuss)
(a) Section 125 cannot be used against a person who does not process sufficient means
(b) The obligation to maintain a married daughter whose husband is unemployed, is of the father
of such daughter
(c) A married daughter also has an obligation to maintain her parents who are unable to maintain
themselves.
(d) All of the above are correct
361. Where proceedings under section 125, criminal procedure code, may be taken against any person
in any district?
(a) Where he is.
(b) Where he or his wife resides.
(c) Where he last resided with his wife, or as the case may be, with the mother of the illegitimate
child.
(d) All of the above.
363. Which of the following is true of the right to receive maintenance under Section 125 Cr. P.C.?
(a) it is purely a personal right created by an order of criminal Court
(b) there is no charge created on properly by the order for maintenance
(c) the maintenance cannot be held to the alienable property
(d) all of them
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364. A stepmother can claim maintenance under section 125 of Cr PC from her stepson:
(a) provided she is childless and widow
(b) provided she is childless, and her husband is incapable of supporting and maintaining her
(c) provided she is childless though her husband is capable of supporting and maintaining her
(d) both (a) and (b).
367. Who amongst the following can claim maintenance under section 125 of Cr PC:
(a) a legitimate or illegitimate major male child, suffering from physical or mental abnormality
(b) a legitimate or illegitimate minor child
(c) wife including divorced but not remarried woman
(d) all the above.
370. Under section 125(4) of Cr PC who of the following cannot claim maintenance:
(a) wife living in adultery
(b) wife living separately by mutual consent
(c) both (a) and (b)
(d) Either (a) or (b).
372. Monthly allowance for maintenance or interim maintenance & expenses for proceedings are
payable:
(a) from the date of the order
(b) from the date of the application if specifically ordered
(c) from the date of the application even if not specifically ordered
(d) Both (a) & (b).
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373. Monthly allowance or the interim monthly allowance can be altered, as provided:
(a) Under section 125(5) of Cr PC
(b) Under section 126 of Cr PC
(c) Under section 127 of Cr PC
(d) Under section 128 of Cr PC.
374. An order for maintenance or interim allowance can be cancelled under the circumstances stated in:
(a) Under section 125(5) of Cr PC
(b) Under section 127(2) of Cr PC
(c) Under section 127(3) of Cr PC
(d) All the above.
376. Application for interim monthly allowance & expenses of the proceedings:
(a) is to be decided within 30 days of the service of notice of the application to such person
(b) is to be decided within 60 days of the service of notice of the application to such person
(c) is to be decided within 90 days of the service of notice of the application to such person
(d) is to be decided within 6 months of the service of notice of the application to such person.
380. Which of the following statements, in the context of section 125 of Cr FC, is not correct:
(a) it is inconsistent with section 23 of the Hindu Adoption and Maintenance Act, 1956 and both
cannot stand together
(b) section 24 of the Hindu Marriage Act, 1955 does not stand in the way of relief under section
125 of Cr PC
(c) sections 18 and 20 of the Hindu Adoption and Maintenance Act, 1956 have not affected the
right of the wife or the child under section 125 of Cr PC
(d) section 25 of the Hindu Marriage Act, 1955 does not stand in the way of relief under section
125 of Cr PC
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382. The Muslim Women (Protection of Rights on Divorce) Act, 1986, deals with:
(a) claim of maintenance by a Muslim woman
(b) claim of maintenance by a Muslim divorced women
(c) claim of maintenance by the children of the marriage with said Muslim divorced women
(d) both (b) and (c).
384. Where the husband has obtained a decree of divorce against the wife on the ground of desertion,
under section 125, it is:
(a) no bar for the wife to claim maintenance against the husband
(b) bar for the wife to claim maintenance against the husband
(c) may be a bar for the wife to claim maintenance against the husband
(d) either (a) or (c).
386. Under section 125 of Cr PC the father and the mother i.e. the parents can claim maintenance from
their:
(a) son
(b) daughter
(c) stepson
(d) both son and daughter.
387. The expression „mother‟ under section 125(1) means and is referable to:
(a) real or natural mother
(b) stepmother generally
(c) both (a) and (b)
(d) neither (a) nor (b).
388. Section 125 of Cr. P.C. remains applicable as long as there is no divorce. The fact of divorce
would have to be strictly proved to invite the application of the 1986 Act. This was held in:
(a) Md. Zakir Hussian v. State of Bihar, AIR 2009 NOC (Pat.)
(b) Sayeed Khan Faujdar Khan v. Zaheba Begum, AIR 2006 Bom 39: (2006) IIDMC 294
(c) Atasi Ray v. Sri DipakRoy, AIR 2009 NOC 2011 (Cal.)
(d) Iqbal Bano v. State of UP, AIR 2007 SC 2215: 2007) 6 SCC 785: (2007) 3 Crimes 31
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389. An illegitimate child has no other right than the right to claim maintenance u/s. 125. She alleged
that the respondent was her father. The claim was supported by the evidence of the mother and
several other villagers. The birth register showed name similar to the respondent‟s name as her
father. Column pertaining to father‟s name in the school admission form kept blank as could be
expected from an unwed mother. The Court allowed the claim in which of the following cases:
(a) AlokBanerjee v AtoshiBanerjee, AIR 2008 NOC1574 (All)
(b) Babita Gangway v. Ram Pal Gangway AIR 2009 NOC 2944 (All)
(c) Dimple Gupta c. Rajiv Gupta AIR 2008 SC 239: (2007) 10 SCC 30
(d) Meenatchi Ammal v. Karuppana Pillai (1924) 48 Mad 503
390. Who among the following is not entitled to claim maintenance under Section 125, Cr P. Code:
(a) Divorced wife so long as she does not marry
(b) Unmarried sister
(c) Adoptive mother
(d) Illegitimate minor child.
391. Power of certain armed force officers to disperse assembly provided under –
(a) Section 129 of code of criminal procedure
(b) Section 130 of code of criminal procedure
(c) Section 131 of code of criminal procedure
(d) Section 132 of code of criminal procedure
392. Any commissioned or gazetted officer of the armed forces disperse such assembly if –
(a) Public security is manifestly endangered by any such assembly.
(b) No executive magistrate can be communicated
(c) Either (a) or (b)
(d) Both (a) and (b) satisfied subsequently.
393. Who have power to issue order in urgent cases of nuisance or apprehended danger –
(a) District magistrate
(b) Sub – divisional magistrate
(c) Any other executive magistrate empowered by state government.
(d) All of these
394. Amongst the following who is not competent to use the civil force for dispersal assembly under
Section 129 of Cr PC?
(a) Any judicial Magistrate
(b) Any Executive Magistrate
(c) Officer-in-charge of police-station
(d) Any police officer not below of sub-inspector, in absence in-charge of police station
395. If a person against whom an order under Section 133, Cr PC is made, appears and show case
against the order, the Magistrate shall
(a) Take evidence in the matter as in a summon case
(b) Take evidence in the matter as in a warrant case
(c) Take evidence in the matter as in extraordinary case
(d) Take no evidence
397. A Magistrate has power to deal with urgent cases of apprehended danger or nuisance under-
(a) Section 133, Cr PC
(b) Section 144, Cr PC
(c) Section 145, Cr PC
(d) Section 107, Cr PC
398. A group of militants of certain communal organization conducts training of members with arms in
public place threatening public peace and safety. With regard to this, which one among the
following statements is correct?
(a) The police officer may pass order or public notice prohibiting conducting training with arms
within the local limits of his jurisdiction
(b) The judicial Magistrate having jurisdiction over the area is authorized to pass any prohibitive
order under the provisions of the Code of Criminal Procedure
(c) The District Magistrate may, if necessary, if necessary, prohibit such activity for preservation
of public peace and safety by notice or order
(d) The District Magistrate may direct the police officer within local limits of his jurisdiction to
pass prohibitive notice or order for preservation of public peace and safety
399. Under Section 145 Cr PC in dispute immovable property, the Executive Magistrate can decide the
question of
(a) Possession and title
(b) actual possession
(c) title
(d) all the above
400. What is the object of Section 145 of the Criminal Procedure Code?
(a) To prevent breach of peace
(b) To finally settle the dispute relating to property
(c) to settle the question of title
(d) None of the above
402. Order passed under section 144 of code of criminal procedure in urgent cases of nuisance or
apprehended danger shall not remain in force –
(a) More than one month from the making thereof.
(b) More than two month from the making thereof.
(c) More than 15 days the making thereof.
(d) No time limit provided under code of criminal procedure
403. Order under section 144 code of criminal procedure 1973 is amendable to writ jurisdiction on
violation of any fundamental rights. This was held in case of –
(a) Dibakar Naik V. Puspalata Patel (1997) 3 Crimes
(b) Gopal Chari V. State Of Kerala 1981 Scr 338
(c) Gulam Abbas V. State Of U.P. 1981 Scc 2198
(d) Shelam Ramesh V. State Of A.P. (1999) 8 Scc 369
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404. When a dispute is as to an immovable property which is likely to cause breach of peace, who is
empowered to dispose of such case?
(a) Judicial magistrate of t he first class.
(b) Executive magistrate.
(c) Officer – in – charge of police station.
(d) Superintendent of police.
405. Within the meaning of section 144 A of code of criminal procedure, who among the following
authorities has power to prohibit carrying arms in procession or mass drill or mass training with
arms?
(a) Munshif
(b) District magistrate
(c) Any judicial magistrate
(d) Sub – divisional magistrate
406. In which of the following cases, section 144 of the code of criminal procedure held constitutionally
valid by the supreme court?
(a) Madhu Limaye V. S.D.M. Mongh
(b) Nanak Chand V. Chandra Kisho
(c) Mithilesh Kumar V. Bindhwas.
(d) None of these
407. Under section 145 of the code of criminal procedure in connection with a dispute on immovable
property, the executive over such property which one following periods he takes consideration?
(a) One month.
(b) Two month
(c) Four month
(d) Six month
408. A revision can be filed against an order passed by sub. Divisional magistrate under Section 145(b)
of code of criminal procedure in the court of –
(a) District magistrate
(b) Chief judicial magistrate
(c) Session judge
(d) None of these
410. In which of the following case where in response to a notice u/s. 133 Cr. P.C., a person filed a
reply and was all along aware of the allegations, it was held that he was not at all prejudiced
because of a defective and vague notice?
(a) Santosh Kumar Sharma v. Motilal Maharwar, 1993 Cr LJ 2072 (Pat.)
(b) Chabila Roy v. State of W.B. 1983 Cr LJ NOC 203 (Cal)
(c) Farzand Ali v. Hakim Ali (1914) 37 All 26, 28.
(d) Hazi Saijad v. Md. Siraj 1989 CrLJ NOC 54 (Cal)
412. Peruse used in sub-s. (4) of Section 145, Cr. PC., means:
(a) „to go through critically‟ i.e. „to read attentively the documents and affidavits one by one‟
(b) „to go through critically‟ i.e. „to examine critically in detail the documents and affidavits one
by one‟
(c) both (A) and (B)
(d) either (A) or (B)
413. Within the meaning of section 144A of Cr PC, who among the following authorities has power to
prohibit carrying arms in procession or mass drill or mass training with arms:
(a) SDJM
(b) Munsiff
(c) District Magistrate
(d) Any Judicial Magistrate
414. Under the provision of section 149 of code of criminal procedure police has power to prevent –
(a) The commission of any cognizable offence
(b) The commission of any non-cognizable offence
(c) Either (a) or (b)
(d) Both (a) and (b)
417. From amongst the following statements, point out the false statement relating to a first information
report.
(a) Information regarding commission of a cognizable offence
(b) Information given to an officer – in – charge of a police station.
(c) Information should be first according to the time.
(d) It must always be in writing.
418. Choose the correct statements is/are in respect of section 154 of code of criminal procedure –
(i) Oral information shall not be entertaind
(ii) Copy of the information cannot be furnished free of cost to the informant.
(iii) It is relating to a cognizable offence
(iv) After reducing the information in writing, signature of the informant is obtained.
Code –
(a) (i) and (ii)
(b) (ii) and (iii)
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(c) (iii) and (iv)
(d) (ii) and (iv)
419. According to the criminal procedure code, when the officer – in – charge of a police station refuses
to record or receive the first information report relating to the commission of a cognizable offence,
then what remedy is open for the aggrieved person?
(a) He should file a complaint (enclosing an affidavit) before the superintendent of police against
the officer – in – charge of the police station.
(b) He should send the substance of such information, in writing by registered post, to the
superintendent of police.
(c) He should send the report, in writing by registered post, to the chief minister of the state.
(d) He should send the report, in writing by registered post, to the chief judicial magistrate or
chief justice of the high court.
421. During an investigation, a police officer cannot require attendance of a witness who is under the age of –
(a) Seven years
(b) Ten years
(c) Fifteen years
(d) Eighteen years
423. When a case relates to both cognizable and non-cognizable offences, the whole can be treated as
cognizable. This statement is –
(a) True
(b) False
(c) Not clear in the crpc
(d) None of the above
424. Which of the following statements is/are correct in the light of section 164 of code of criminal
procedure,1973
(i) Any metropolitan magistrate or judicial magistrate in the course of an investigation, at any
time, may record a confession or statement.
(ii) Any metropolitan magistrate or judicial magistrate may, whether or not he has jurisdiction in
the case, record a confession or statement.
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(iii) Any police officer may also record a confession.
(iv) Magistrate has to give warning before recording such condession.
Code:-
(a) Only (i)
(b) (i) and (ii)
(c) (i), (ii) and (iv)
(d) (i), (ii), (iii) and (iv)
426. On the non-completion of investigation, i.e, failure of the prosecution to file charge sheet within
the prescribed period of 60 or 90 days, as given in section 167 of code criminal procedure, the ….
(a) Accused person is to be discharged unconditionally.
(b) Accused person shall be released on bail if he is prepared to and does furnish fail.
(c) Right of the accused person to be released on fail could be defeated by the subsequent filling
of the charge sheet under any circumstance.
(d) None of these
427. A boy aged about 14 years is suspected in the commission of the offence of murder. He can be
made to join investigation.
(a) At the police station
(b) At his residence
(c) At any place
(d) All of the above.
429. Statement of a witness recorded in the course of investigation under section 161 code of criminal
procedure cannot be used at a criminal trial except –
(a) To contradict the witness
(b) When the witness dies after recording examination – in – chief and before cross –
examination commences.
(c) Where the court feels that it would be safe to rely upon the said statement.
(d) Both (a) and (b)
430. In relation to first information report which of the following statement is not correct –
(a) It is not substantive evidence
(b) It merely marks the beginning of the investigation.
(c) It cannot be used as a previous statement for any purpose.
(d) The informant need not be an eye-witness.
431. Who will inquest the suicidal death of woman within seven years of marriage –
(a) Only judicial magistrate investigate
(b) Only police
(c) Executive magistrate
(d) Both (b) and (c)
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432. When an investigation can‟t be completed within 24 hours depending upon the facts and
circumstances of each case magistrate can order a person to remain in custody for…….
(a) 15 days
(b) 60 days
(c) 90 days
(d) All of the above.
434. In which of the following case. Supreme court deals with the duty of the police to register a first
information report?
(a) Arnesh Kumar Case
(b) Lalita Kumari Case
(c) D.K. Basu Case
(d) Shareya Singhal Case.
435. Which one of the following section of criminal procedure code, 1973, gives statutory definitions of
FIR?
(a) Section 154
(b) Section 155
(c) Section 160
(d) Not defined
436. Which section of criminal procedure code applies when the officer – in – charge of a police station
receives information that a person has committed suicide, he will immediately report to the
executive magistrate?
(a) Section 169
(b) Section 173
(c) Section 174
(d) Section 178
437. When a search is required to be conducted outside India, a criminal court may under section 166A
of the code of criminal procedure issue a –
(a) Search warrant
(b) Letter of requisition
(c) Letter of request
(d) Written order
439. Delay in dispatching the FIR to the magistrate under 157 of code of criminal procedure.
(a) Shall always throw out the prosecution case in its entirety.
(b) Shall never be a circumstance providing a legitimate basis for suspecting the fir.
(c) May or may not be circumstance providing a legitimate basis for suspecting the FIR
depending on facts and circumstance brought on record.
(d) Either (b) or (c)
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440. The investigating officer under section 160 of code of criminal procedure cannot require the
attendance at a place other than the place of residence, of
(a) A male who is under the age of 16 years.
(b) A male who is under the age of 15 years.
(c) A woman
(d) Either (a) or (c)
441. A person who fails to attend on being served with an order under section 160 of code of criminal
procedure of an prosecuted under –
(a) Section 173, IPC
(b) Section 174, IPC
(c) Section 186, IPC
(d) All of the above.
442. Section 161 code of criminal procedure covers statement recorded by the police
(a) Before the commencement of investigation.
(b) After the commencement of investigation.
(c) After the conclusion of trial.
(d) Both (a) and (b)
444. “A first information report may be lodged by Way of telephone also.” It was laid down in which of
the following case, namely –
(a) Tapinder Singh V. State 1970 S.C.
(b) Sakha Rao V. State 1969 S.C.
(c) Damodar V. State Of Rajasthan 2003
(d) When statements of witness produced by complainant are recorded under section 202 of
criminal procedure code, 1973.
445. Statements under section 161 of the code of criminal procedure, 1973 are recorded by the police-
(a) During trial
(b) During investigation
(c) During inquiry.
(d) Before investigation.
446. Section 164 of criminal procedure code provides for the recording of
(a) Confessions.
(b) Statements made during the course of investigation
(c) Confessions as well as statements made in the course of investigation.
(d) Examination of witness by police.
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448. When the police registers a case regarding commission of cognizable offence, the registration of
the case is under:
(a) Section 154 of Cr. P.C.
(b) Section 155 of Cr. P.C.
(c) Section 156 (3) of Cr. P.C.
(d) Section (190 of Cr. P.C.
449. Investigation, under the Code of Criminal Procedure 1973, is conducted by:
(a) The police only
(b) Both the police and the Court
(c) The Court only
(d) The police under the discretions Session‟s Court or the High Court
452. In which of the following cases prosecution witness was prosecuted for perjury?
(a) Jessica Lal case
(b) Nitish Katara case
(c) Priyadarshni Mattoo case
(d) None of these
453. Every information relating to the commission of cognizable offence shall be signed by
(a) The person giving it
(b) The officer-in-charge of police station to whom such information is given
(c) The investigating officer
(d) The concerned Magistrate
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457. Which of the following statements is correct in relation to power of a Magistrate under section 156 (3):
(a) He may direct the Central Bureau of Investigation to conduct investigation into any offence
(b) He may direct the officer-in-charge of a police station to conduct the investigation into any
offence
(c) He may direct the officer-in-charge of a police station to conduct the inquiry into any offence
only after recording reasons for doing so
(d) He may give notice to the accused and provide him an opportunity of hearing
459. A Magistrate has a power to direct the police to investigate into an offence under?
(a) Section 156 (1) Cr. P.C.
(b) Section 156 (2) Cr. P.C.
(c) Section 156 (3) Cr. P.C.
(d) All of these
461. On receipt of first information report for commission of an offence the officer in charge of the
police station will send the under which section copy to concern Magistrate under which provision:
(a) Under Section 154 Cr. P.C.
(b) Under Section 156 Cr. P.C.
(c) Under Section 159 Cr. P.C.
(d) Under Section 157 Cr. P.C.
462. “Delay in examining witnesses by investing officer does not ipso facto make prosecution version
suspect, Investigating Officer should be categorically questioned in aspect of delayed
examination” as held in which of the following cases?
(a) State of U.P. v. Satish
(b) Meghha Singh v. State of Haryana
(c) State of NCT, Delhi v. Ravikant Sharma
(d) Bala Krishna v. State of Orissa
463. Under Section 160 of the Code of Criminal Procedure 1973, a woman witness may be called to
give information of commission of a crime at other place than her residence also if it is necessary
in the interest of justice and prior permission from magistrate has been taken in this regard. It was
laid down in:
(a) Kamlanatha Nath v. State of TamilNada, ZIDS S.C
(b) Ravi v. State of Bihar, 2007 S.C.
(c) Sidhartha v. State of Bihar, 2005 S.
(d) Ramesh Kumari v. State of Delhi S.C.
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464. A joint statement of several witness recorded during investigation
(a) Will render these person incompetent witnesses
(b) Will render their statement as inadmissible
(c) Will neither render these persons as incompetent witnesses nor evidence as inadmissible
(d) Will render these person incompetent witnesses as well evidence as inadmissible
465. Is the investigation officer bound to reduce in writing any statement made to him in the course of
examination under section 161 of the code of criminal procedure?
(a) Yes
(b) No
(c) Only when directed by the court to do so
(d) Only in cases of cognizable offences
466. Statement of a witness recorded during investigation under Section 161 Cr. PC cannot be used at a
criminal trial except:
(a) To contradict the witness
(b) When the witness dies after recording examination-in-chief and before cross-examination
commences
(c) Where the Court feels that it would be safe to rely upon the said statement
(d) Both (a) and (b) above
467. Which one of the following sections of Criminal Procedure Code, 1973 Provides that “no
statement made by any “person to a Police Officer in the course of Investigation shall, if reduced
in writing, be signed by the person making it?
(a) Section 164
(b) Section 163
(c) Section 162
(d) Section 161
468. Match List-1 with List-II. And select the correct answer using the code given below the lists:
List I List II
(A) Examination of witness by police (i) Section 53A
(B) Examination of person accused of rape by medical practitioner (ii) Section 161
(C) Medical examination of the victim of rape (iii) Section 200
(D) Examination of complaint (iv) Section 164A
Code:
A B C D
(a) (i) (ii) (iii) (iv)
(b) (ii) (i) (iv) (iii)
(c) (ii) (iv) (i) (iii)
(d) (iv) (ii) (iii) (i)
469. Which of the following is not an essential procedural requirement of Section 164 of the Code of
Criminal Procedure, namely:
(a) Warning to the accused
(b) Confession to be made voluntarily
(c) Recording of statement in presence of advocate of the accused
(d) Memorandum at the foot of confession
470. „A‟ is suspected of commission of an offence of murder, trial whereof can only be conducted
before a court of Sessions. „A‟ appears before the metropolitan Magistrate and moves an
application recording his statement under Section 164 Cr. P.C. and grant of pardon. Who has
power to grant pardon?
(a) The court of Sessions
(b) The Metropolitan Magistrate
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(c) Both (a) and (b) above
(d) None of the above
471. „X‟ is accused of an offence of rape. He can be subjected to the following tests for investigation:
(a) Polygraph test
(b) Narco analysis test
(c) Brain Electrical Activation Profile (BEAP) Test
(d) None
472. If a Magistrate administers oath before recording the confession of an accused, the confessional
statement is:
(a) Good in law and admissible in evidence
(b) Bad in law and inadmissible in evidence
(c) Good in law but admissible only on corroboration
(d) Bad in law but become admissible on corroboration by other evidence
473. Can a police remand is possible if a person already sent to judicial custody in initial 15 days.
(a) Yes
(b) No
(c) Yes, if necessary for investigation some other case
(d) None of the above
474. For the purpose of Section 167 of Criminal Procedure 1973 the most essential requirement is that
the person:
(a) Should not necessarily be physically produced for the first time
(b) Should be produced first through the medium of electronic video-leakage
(c) Should be produced in person for the first time
(d) Should be produced in the first time, and subsequently every time tell the accused remain in
the custody of the police
475. Under Section 167 of the Cr. P.C. an Executive Magistrate is empowered to grant remand for a
maximum period of
(a) 15 days
(b) 9 days
(c) 7 days
(d) None of the above
476. Under Section 167 of Cr. P.C. for offences other than those punishable with death, imprisonment
for life or imprisonment for a period not less than 10 years, the detention during investigation, can
be authorized for a period of :
(a) 90 days
(b) 45 days
(c) 60 days
(d) 75 days
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478. The police diary under section 172 of the Code of Criminal Procedure, 1973 used for which of the
following purpose?
(a) For collection of evidence
(b) For recording of statements of witness
(c) For aid in enquiry or trial to the court
(d) For aid in investigation to the police
479. Under which section of the Cr.PC a Magistrate has the power to enquire into the cause of death?
(a) Section 176
(b) Section 179
(c) Section 276
(d) Section 76
480. An accused was arrested for offence under section 302, IPC on 1-1-2002, and remanded to
judicial/police custody on 2-1-2002, now for the purposes of section 167(2) of Cr PC, in
computing the period of ninety days:
(a) the day of arrest i.e. 1-1-2002 only has to be excluded and shall be computed w.e.f. 2-1- 2002
when remanded, thus 90th day shall fall on 1-4-2002
(b) the day of arrest i.e. 1-1-2002 and the day of remand i.e. 2-1-2002, both have to be excluded
and the 90th day shall fall on 2-4- 2002
(c) neither 1-1-2002 i.e. the day of arrest nor 2-1- 2002, the day of remand is to be excluded, and
the 90th day shall fall on 31-3-2002
(d) either (a) or (c).
481. In a case triable by a Magistrate as a summons case, the investigation cannot be continued under
section 167(5) of Cr PC:
(a) beyond a period of six months from the date of arrest of the accused
(b) beyond a period of six months from the date of commission of the offence
(c) beyond a period of maximum term of imprisonment prescribed for the offence from the date
of arrest of the accused
(d) beyond a period of maximum term of imprisonment prescribed for the offence from the date
of commission of the offence.
482. Continuation of investigation, in a summons case triable by a Magistrate, beyond the period of six
months, from the date of arrest of the accused, without the previous permission of the Magistrate:
(a) shall render the entire investigation vitiated bad and the accused is liable to be discharged
(b) shall not render the entire investigation bad but the accused is liable to be discharged
(c) shall not render the entire investigation bad, but the prosecution cannot rely on the
investigation so carried out and the evidence so collected shall not be admissible
(d) either (a) or (b).
483. After completion of investigation, the police is to submit a final report to the Magistrate. The
Magistrate:
(a) is bound by the conclusions drawn by the police and accept the same if the police
recommended that there is no sufficient ground for proceeding further
(b) is not bound by the conclusions drawn by the police and may order further investigation
(c) may issue a process against the accused person(s)
(d) both (b) & (c).
484. Upon the report being forwarded under section 173(2) of Cr PC to the Magistrate for dropping of
proceedings, before deciding not to take cognizance the Magistrate:
(a) must give notice to & provide the informant an opportunity of being heard
(b) need not give notice to & provide the informant an opportunity of being heard at all
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(c) may or may not give notice to & provide the informant an opportunity of being heard,
depending on the facts & circumstances
(d) both (b) & (c).
485. If the investigation is not completed within 90 days or 60 days as the case may be, and the accused
is in custody, on the expiry of said period the accused is entitled to be:
(a) discharged
(b) released on bail or making an application for release on bail
(c) released on bail without making an application for release on bail
(d) Acquitted.
486. For the purposes of computation of period of 90 days or 60 days as the case may be, for the
purposes of section 167(2) of Cr PC:
(a) the day of arrest of the accused has to be excluded
(b) the day on which the accused was remanded is to be excluded
(c) the day of arrest of the accused and the day on which the accused was remanded, if different,
both have to be excluded
(d) the day of arrest of the accused only has to be excluded and the day on which the accused was
remanded, even if different, cannot be excluded.
487. Under section 167 of Cr PC, for detention for a total period of 90 days during investigation, the
expression „for a term of imprisonment not less than 10 years‟ means:
(a) more than 10 years
(b) up to 10 years
(c) less than 10 years
(d) both (b) & (c).
488. Under section 167 of Cr PC for offences other than those punishable with death, imprisonment for
life or imprisonment for a period not less than 10 years, the detention during investigation, can be
authorized for a total period of:
(a) 30 days
(b) 45 days
(c) 60 days
(d) 75 days.
489. A refusal to answer questions put to a witness under section 161 of Cr PC is an offence under:
(a) Section 176, I.P.C.
(b) Section 179, I.P.C.
(c) Section 187, I.P.C.
(d) Neither (a) nor (b) nor (c).
491. Section 161 of Cr PC covers the cases of information received by the police:
(a) before the commencement of investigation
(b) after the commencement of investigation
(c) after the conclusion of trial
(d) both (a) and (b).
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492. Who amongst the following is not a police officer:
(a) enforcement officer investigating the case under FERA
(b) An officer invested with powers under NDPS Act
(c) officer of Railway Protection Force
(d) all of the above.
493. An unjustified and unexplained long delay on the part of the investigating officer in recording the
statement of a material witness would render the evidence of such witness:
(a) unreliable
(b) inadmissible
(c) inadmissible and unreliable
(d) Only (b) and not (a).
495. A trial on a police report initiated by the breach of the mandatory provision relating to
investigation:
(a) is vitiated and liable to be set aside
(b) is not vitiated and cannot be set aside unless the illegality in the investigation can be shown to
have brought about a miscarriage of justice
(c) is not vitiated and cannot be set aside at all
(d) either (b) or (c).
498. Under section 159 of Cr PC, the Magistrate has the power to:
(a) direct-investigation by the police
(b) depute any Magistrate subordinate to him to hold a preliminary inquiry
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(c) either (a) or (b)
(d) only (b) and not (a).
500. A person can be summoned as a witness under section 160 of Cr PC, by:
(a) any Police Officer
(b) the Station House Officer
(c) an Investigating Officer
(d) any of the above.
501. A person who fails to attend on being served with an order under section 160 of Cr PC of an
investigating officer, is liable to be prosecuted under:
(a) section 173, I.P.C.
(b) section 174, I.P.C.
(c) section 186, I.P.C.
(d) all of the above.
502. In a non-cognizable case, when a Magistrate orders the police to investigate, in that it will be at par
with the cognizable offence case and the police will have all the powers in respect of investigation:
(a) including the power to arrest without warrant
(b) except the power to arrest without warrant
(c) both are correct depending on the circumstances
(d) None of the above.
503. Delay in despatching the FIR to the Magistrate under section 157 of Cr PC:
(a) shall always throw out the prosecution case in its entirety
(b) shall never be a circumstance providing a legitimate basis for suspecting the FIR
(c) may or may not be a circumstance providing a legitimate basis for suspecting the FIR
depending on the facts and circumstance brought on record
(d) Either (b) or (c).
504. Where the FIR discloses, prima facie, commission of a cognizable offence, and there is a delay in
sending the FIR to the Magistrate, under section 157 of Cr PC:
(a) the investigation must go on
(b) the Magistrate can order for stopping of investigation on account of delay in sending the FIR
(c) the Magistrate can order for stopping of investigation irrespective of the delay in sending the
FIR
(d) The Magistrate can order for stopping of investigation generally.
505. The investigating police officer in a case has power to require attendance of a person acquainted
with the facts and circumstances of the case, under:
(a) section 158 of Cr PC
(b) section 159 of Cr PC
(c) section 160 of Cr PC
(d) section 161 of Cr PC
506. The power to direct investigation under section 156(3) of Cr PC can be exercised by:
(a) a Magistrate
(b) a Session Judge
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(c) both (a) and (b)
(d) either (a) or (b).
508. Under section 159 of Cr PC, a preliminary inquiry into the commission of offence can be
conducted:
(a) by the Magistrate having jurisdiction to take cognizance
(b) by any Magistrate subordinate to the Magistrate having jurisdiction, under the orders of such
Magistrate
(c) by the police
(d) only (a) & (b).
509. The powers under section 159 of Cr PC can be exercised by the Magistrate:
(a) when the police is still investigating the case
(b) when the police decides not to investigate the case
(c) when the police has filed the report under section 173 of Cr PC
(d) all the above.
510. The power to require attendance of a person acquainted with the facts and circumstances of the
case under section 160 of Cr PC requires:
(a) notice by telephone
(b) notice in writing
(c) either (a) or (b)
(d) both (a) and (b).
511. The investigating officer under section 160 of Cr PC cannot require the attendance at a place other
than the place of residence, of:
(a) a male who is under the age of 18 years
(b) a male who is under the age of 16 years
(c) a woman
(d) Either (a) or (b) or (c).
512. The investigating officer under section 160 of Cr PC cannot require the attendance of a male, at a
place other than the place of his residence, who is:
(a) under the age of 15 years
(b) under the age of 16 years
(c) under the age of 18 years
(d) under the age of 21 years.
513. Usually a copy of F.I.R. is filed with the Magistrate having jurisdiction to take cognizance, by the
police officer in compliance to:
(a) section 156 of Cr PC
(b) section 157 of Cr PC
(c) section 158 of Cr PC
(d) section 159 of Cr PC.
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514. When the police register a case regarding commission of a cognizable offence, the registration of
the case is under:
(a) section 154 of Cr PC
(b) section 155 of Cr PC
(c) section 156(3) of Cr PC
(d) section 190 of Cr PC
515. The protection under section 162 of the Code of Criminal Procedure, 1973 is –
(a) Available in Civil Proceedings
(b) Available for proceedings under Article 32 and/or 226 of the Constitution
(c) Not Available in rape cases
(d) Only available in Criminal enquiry or trial in respect of the offence under investigation
517. Section 162 of the Code of Criminal Procedure, 1973 is for the protection of –
(a) Accused
(b) Witnesses
(c) Police officer
(d) Magistrate
518. As per the Privy Council, a statement made under Section 164 Cr. PC.:
(a) can never be used as substantive evidence of the facts stated
(b) can be used to challenge evidence given in Court by the person who made the statement (s.
157 of the Indian Evidence Act)
(c) either (A) or (B)
(d) both (A) and (B)
520. A case which includes cognizable offences and non-cognizable offences is:
(a) a cognizable case but requires sanction of the Magistrate for investigation into the non-
cognizable part under section 155(2) of Cr PC
(b) a cognizable case and as such the investigation of the case does not require any sanction of the
Magistrate under section 155(2) of Cr PC
(c) a non-cognizable case and as such the investigation of the case requires sanction of the
Magistrate under section 155(2) of Cr PC
(d) a non-cognizable case but does not require sanction of the Magistrate under section 155(2) of
Cr PC
521. A Magistrate has the power to direct the police to investigate into an offence in IPC under:
(a) section 156(1) of Cr PC
(b) section 156(2) of Cr PC
(c) section 156(3) of Cr PC
(d) all of the above.
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522. The section dealing with the medical examination of the victim of rape as inserted by Criminal
Procedure (Amendment) Act, 2005 (25 of 2005) is:
(a) section 164A
(b) section 166A
(c) section 166B
(d) section 53A.
523. In which of the following cases it was held that section 164 of Cr PC is required to be strictly
complied with:
(a) Babu Bhai Udesinh Parmar v. State of Gujarat, AIR 2007 SC 420
(b) Rajesh Ranjan Yadav v. CBI, AIR 2007 SC 451
(c) Naveen Chandra v. State of Uttaranchal, AIR 2007 SC 363
(d) Amrit Singh v. State of Punjab, AIR 2007 SC 132.
524. Once police records information report (FIR), a copy of same should be given to complainant
under:
(a) section 153 of Cr PC
(b) section 154 of Cr PC
(c) section 155 of Cr PC
(d) section 156 of Cr PC
525. In which of the following cases it was held that a person has a right to protection under Section
161(2) of Cr, P.C. against questions, the answers of which would have a tendency to a criminal
charge:
(a) Nandini Satpathy v. PL Dani
(b) Gian Singh v. State
(c) Rupan Deol Bajaj v. K.P.S. Gill
(d) R.K. Dalmia v. Delhi Administration.
528. Which of the following statements does NOT hold true for the confessions made to the Magistrate
under the provisions of the Code of Criminal Procedure, 1973?
(a) It is the duty of the Magistrate to exclude the presence of the police officer from the place
where the confession is recorded
(b) It is obligatory for the Magistrate to warn the accused, before recording his confession that he
is not bound to make it and that if he does so, it may be used as evidence against him
(c) The accused should be sent back to police custody as soon as the confession is recorded
(d) It is necessary for the confession to be signed by the accused
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529. Which of the following confessions is admissible under the provisions of the Code of Criminal
Procedure, 1973?
(a) Magistrate while recording a confession did not specifically tell the accused that he was a
Magistrate
(b) Magistrate recorded the confession of the accused but did not get it signed by the accused
(c) Investigating officer took the accused from the jail to the Magistrate, set with him while the
confession was being made and brought the accused back to the jail
(d) The Magistrate recorded the confession of the accused, but forgot to certify that the
confession was taken voluntarily
530. Which of the following statements hold true for the Magistrate‟s power to send an accused to
remand under section 167 of the Code of Criminal Procedure, 1973?
(a) If the investigation is not completed within 60 days he has to be released on bail
(b) The maximum period of remand in police custody cannot exceed 15 days, after that only
sending to judicial custody is possible
(c) The maximum period of remand in judicial custody cannot exceed 15 days, after that only
sending to police custody is possible
(d) If the investigation is not completed within maximum period of 90 days the accused have to
be released
531. Which of the following statements is NOT true under the provisions of section 167 of the Code of
Criminal Procedure, 1973?
(a) The provision for release in mandatory in the sense that the accused shall have to be released
on bail
(b) Magistrate has the power to remand accused (terrorists) to army custody for investigation
(c) The order under this section is a judicial order
(d) On the expiry of sixty days from the date of the arrest of the accused, the further detention
does not ipso facto become illegal
533. Every offences shall ordinary be inquired into and tried by a court –
(a) Within whose local jurisdiction it was committed
(b) Beyond whose local jurisdiction it was committed
(c) Either a or b
(d) Depends on the charge sheet where field
534. Which of the following statements is/are correct in respect of place of inquiry or trial:-
1. When it is uncertain in which of several local areas an offences was committed
2. Where an offences is committed partly in one local area and partly in another
3. Where an offences is a continuing one and continuous to be committed in more local areas
than one
4. Where it constitute of several acts done in different local areas. It can be tried at-any of the
above places.
(a) Only 1
(b) Only 4
(c) 1 and 4
(d) 1, 2, 3 and 4
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535. Procedure for trial of the offences committed on journey provided under –
(a) Section 181
(b) Section 182
(c) Section 183
(d) Section 184
537. If two or more courts (not subordinate to the same high court) have taken cognizance of the same
offences, and a question arises as to which of them ought to inquire, the question is to be decided
by the –
(a) The court in which proceeding first commenced
(b) The high court with in local limits of whose appellate criminal jurisdiction the proceeding first
commenced
(c) The supreme court
(d) All of the above
538. “A” travels by a train from Delhi to Mumbai in the night, his suit-case was stolen. This facts was
revealed up on reaching Mumbai. “B” is caught with the stolen suit-case at Jaipur. Where “B” may
be tried for the offence of theft?
(a) Delhi
(b) Mumbai
(c) Jaipur
(d) Any of the aforesaid places
539. Who may direct that any cases or class of cases committed for trial in any district may be tried any
session divisions.
(a) Central government
(b) State government
(c) High court
(d) Sessions court
540. Under section 185 of Cr. PC. The state government may direct that any cases may be trial in any
sessions divisions such direction is-
(a) Repugnant to any direction previously issued by the high court or supreme court under the
constitution
(b) Not repugnant to any direction previously issued by the high court or supreme court under the
constitution
(c) Either (a) or (b)
(d) None of above
541. Where shall be place of inquiry or trial, when an offences is a continuing one, and continuous to be
committed in more local areas than one?
(a) High court of the state
(b) Any court of the district
(c) By a court having jurisdiction over any of such local areas
(d) Chief judicial magistrate
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542. Where will the place of trial in relation to the charge of abetment?
(a) Court within whose local jurisdiction the offences of abetment has been done
(b) Court within whose local jurisdiction the offences in consequence of such abetment has
ensured
(c) Court within whose local jurisdiction the offences of abetment has been done or court within
consequences of such abetment has ensured
(d) None of the above
543. A was wounded in Uttar Pradesh and dies of his wounds in Bhopal. The offences of causing A‟s
death may be inquired into and tried in-
(a) Uttar Pradesh
(b) Bhopal
(c) Uttar Pradesh and Bhopal
(d) Anywhere the FIR is lodged
544. An offence is committed by a British citizen on an aircraft registered in Indian. The offender may
be death with under which provisions of the code of criminal procedure, 1973?
(a) Section 188
(b) Section 183
(c) Section 182
(d) Section 186
545. “A” who is a citizen of Indian commits murder in Uganda, he arrested in Delhi. He can be tried
and convicted murder.
(a) Only in Uganda
(b) Only in that country of which the decreased was a citizen
(c) In Delhi
(d) Could not be tried and convicted of murder in Indian
546. In case where an inquiry trial or other proceedings have been conducted in a wrong place-
(a) The inquiry trial or other proceeding shall be void into
(b) The inquiry trial or other proceeding cannot be set aside as void, unless it has occasioned in
failure of justices
(c) The inquiry trail or other proceeding cannot be set aside even if it has occasioned in failure of
justice
(d) Either (a) or (c)
547. Which section provided for extra territorial jurisdiction over Indian citizens and also of non-
citizens?
(a) Section 186
(b) Section 187
(c) Section 188
(d) Section 190
549. Physical injuries were caused to A at Sultanpur and he dies of those injuries at Lucknow, where he
was brought for treatment. Which Court shall have jurisdiction to try the case?
(a) Sultanpur
(b) Lucknow
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(c) Both (a) and (b)
(d) None of the above
550. When there is a dispute between two courts relating to exercise of criminal matter and said courts
are subordination of different High Courts matter shall be decided under Cr. PC by the -
(a) Supreme Court
(b) High Court of the larger State
(c) High Court having more judges
(d) High Court within whose jurisdiction proceedings first commenced
551. When there is a dispute between two courts relating to exercise of jurisdiction in a criminal matter
and said courts are under subordination of different High Courts, the matter shall be decided under
section 186 of Cr PC by the:
(a) Supreme Court
(b) High Court of the larger State
(c) High Court having more judges
(d) High Court within whose local limits of appellate jurisdiction the proceeding first
commenced.
552. Under section 267 production warrants in respect of a person detained in prison, can be issued for
the purposes of:
(a) investigation
(b) inquiry
(c) trial
(d) All the above.
553. In its original jurisdiction under section 199, a court of session shall take cognizable of an offence
only when the complaint is made with in ………… from the date on which the offence is alleged
to have been committed.
(a) Six month
(b) Three months
(c) One year
(d) No time limit prescribed
554. To whom protection has been given under section 197, Cr. PC.
(a) Judges
(b) Magistrate
(c) Public servants
(d) All of the above
555. Under which of the following section of Cr. PC it has been provided that a sessions court may take
cognizance of certain offences-
(a) Section 190(2)
(b) Section 194
(c) Section 193
(d) Section 200
556. Under section 199, criminal procedure code, a court of sessions under its original jurisdiction, shall
take cognizable of an offence punishable under –
(a) Chapter XX of the Indian penal code
(b) Chapter XXI of the Indian penal code
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(c) Chapter VI of the Indian penal code
(d) All of the above
557. No court shall take cognizable of an offence punishable under section 376 B of the Indian Penal
Code, 1860 where the persons are in a marital relationship, except upon prima facie satisfaction of
the facts which constitute the offence upon ……………. against the husband.
(a) A challan having been submitted by the police
(b) A complaint having been filed or made by the wife
(c) A complaint having been field or made by the police
(d) (a), (b) and (c)
558. Which of the following statements is incorrect relating to prosecution for contempt of lawful
authority of public servants, for offences against public justice and for offences regarding
documents given in evidence?
(a) The court whose contempt was committed shall prosecute for contempt by submitting a
written complaint
(b) The court contempt cannot be presented by some other duty authorized subordinate court of
the affected court
(c) When such complaint is presented by a public servants the court having jurisdiction may take
cognizable of the offences
(d) Such offences include the offences punishable under section 172 to 188 indian penal code and
abetment and attempt thereof.
561. Who may empower to take cognizance of offences under section 190 of Cr. PC.
(a) Magistrate of the first class
(b) Magistrate of the second class
(c) Either (a) or (b)
(d) Only( b)
562. Under section 190 of Cr. PC magistrate may take cognizance of any offence –
1. Upon receiving a complaint of facts which constitute such offences
2. Upon a police report of such facts
3. Upon information received from any person other than a police officer
4. Upon his own knowledge
Code:
(a) 1 and 2
(b) Only 2
(c) 1, 2 and 4
(d) 1, 2, 3 and 4
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563. Which one of the following sections provides prosecution of judges under Cr. PC. 1973?
(a) Section 195
(b) Section 196
(c) Section 197
(d) Section 198
564. Which „Section‟ of the Code of Criminal Procedure provides for prosecution for offences against
marriage?
(a) Section 196
(b) Section 197
(c) Section 198
(d) None of the above
565. „G‟ a 17 years old girl, was married to „H‟.‟H‟ during the subsistence of the said marriage entered
into another marriage with „P‟. The court may take cognizance for the offence of bigamy, if the
complaint is brought by-
(a) Her father, mother, brother, sister, son or daughter or by her father‟s or mother‟s brother or
sister
(b) Any other person related to her by blood, marriage or adoption, with the leave of the court
(c) By the aggrieved
(d) All these
566. Under Section 198 of the Criminal Procedure Code the Court can take cognizance of any offence
laid down under sections 497 and 498 of the Indian Penal Code on the complaint of:
(a) Husband of the woman
(b) Father of the woman
(c) Mother of the woman
(d) Any of these
567. Procedure in cases instituted under section 199 (2) Cr. P.C. is covered under:
(a) Section 235 Cr. P.C.
(b) Section 264 Cr. P.C.
(c) Section 237 Cr. P.C.
(d) Section 258 Cr. P.C.
569. Court of Sessions under section 199 of Cr PC has the original jurisdiction to take cognizance:
(a) on an oral complaint of a private person
(b) on an oral complaint of the public prosecutor
(c) on a written complaint of a private person
(d) On a written complaint of the public prosecutor.
570. Court of Sessions has the original jurisdiction to take cognizance of offences, by virtue of:
(a) section 190 of Cr PC
(b) section 193 of Cr PC
(c) section 199 of Cr PC
(d) section 198 of Cr PC
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571. In which of the following cases will the provisions of section 197 of the Code of Criminal
Procedure, 1973 apply?
(a) A Magistrate writing a letter to the District Judge that an advocate is “rowdy”, “a big
gambler”, “a mischievous element”.
(b) Block Development Officer lodging a FIR against the Sarpanch and Secretary of a Gram
Panchayat under section 409 and 34 of the IPC
(c) A complaint against the personnel at the BSF alleging that illegal gratification of Rs 10,000
was demanded from the complainant and, on his refusal to pay, his shop was ransacked and
goods taken away
(d) A Judge charged with using defamatory language to a witness during a trial of a suit
572. If the police do not take action on complaint in respect of cognizable offences, the complainant:
(a) has right under section 190 of Cr PC to complaint before local Magistrate
(b) has no right under section 190 of Cr PC to complaint before local Magistrate
(c) has right under section 290 of the Cr PC to complaint before Magistrate
(d) Has right under section 390 of the Cr PC to complaint before Magistrate.
573. A witness or any other person may file a complaint in relation to an offence under section 195A of
IPC is provided under_________ of Cr.P.C. as inserted by the Code of Criminal Procedure
(Amendment) Act, 2008 (5 of 2009) with effect from 31-12-2009:
(a) section 195A
(b) section 196A
(c) section 197A
(d) section 198A
COMPLAINTS TO MAGISTRATES
574. Under section 200 Cr. PC recording of pre–summoning evidence may be dispensed with if-
(a) The complaint is supported by an affidavit of the complainant
(b) The complaint is made in writing by public servant
(c) The magistrate feels that ends of justice require pre – summoning evidence to be dispensed with.
(d) None of the above.
575. If it appears to the magistrate that the offence complained of is triable exclusively by the sessions
court, he, under section 202 of CrPC Postpone the issue of process against the accused and
(a) Shall commit the case to session‟s court.
(b) May direct an investigation to be made by a police officer.
(c) Shall call upon the complainant to produce all his witnesses and examine them on oath.
(d) Shall return the complaint for presentation before the sessions court.
576. If the magistrate makes over the case to another magistrate under section 192 after examining the
complainant and witnesses –
(a) The latter magistrate needs to reexamine them necessarily on the ground of natural justice.
(b) The latter magistrate needs not reexamine them.
(c) Only (a)
(d) No such provision prescribed under Cr. PC
577. If an investigation under 202(1) is made by a person not being a police officer, he shall have –
(a) All the powers as an officer in charge of a police station including the power to arrest without
warrant.
(b) All the powers as an officer in charge of a police station except the power to arrest without
warrant.
(c) Only police officer have power to investigate any matter
(d) None of these.
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578. Under section 203 of Cr. PC Magistrate shall dismiss the complaint –
(a) After considering the statement on oath of the complainant and of the witnesses
(b) After considering the result of the inquiry or investigation
(c) The magistrate is of opinion that there is no sufficient ground for proceeding
(d) All of these.
579. Second complaint on the same facts can be entertained where the previous order was passed-
(a) On incomplete record.
(b) On a misunderstanding of the nature of the complaint
(c) For non filing of the process fee
(d) All the above
580. Direction to the Police by a Magistrate to investigate under Section 202 of the Cr. PC.
(a) Can be given without examining the complainant
(b) Cannot be given without examining the complainant on oath
(c) Can be given before or after the examination of the complainant on oath
(d) Can be given even if the offence complained of is triable by the Court of Session
581. Under the provisions of section 202 of the Code of Criminal Procedure, 1973 the Magistrate
cannot-
(a) Conduct the inquiry himself
(b) Ask the police officer to conduct an investigation
(c) Ask a person who is not a police officer to conduct an investigation
(d) Use judicial discretion
582. The Magistrate under the provisions of section 203 of the Code of Criminal Procedure, 1973 can
dismiss a complaint-
(a) Even if the proceedings against the accused have commenced
(b) Even if there is sufficient ground for proceeding
(c) Even if enquiry under section 202 of the Cr PC is not done
(d) Even if the complainant is not examined
583. The examination of complainant under section 200 of the Code of Criminal Procedure, 1973
(a) Shall be upon oath
(b) Shall not be upon oath
(c) May be or may not be upon oath according to the discretion of magistrate
(d) None of the above
584. Can the evidence of witnesses be taken on oath by the magistrate conducting an inquiry?
(a) Yes
(b) No
(c) Depends
(d) None of the above
585. Which of the following powers is not available if an investigation under sub-section (1) of section
202 of the Code of Criminal Procedure is made by a person not being a police officer?
(a) Power to search
(b) Power to question the accused
(c) Power to arrest
(d) None of the above
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586. In which of the following cases, the Supreme Court considered the scope and ambit of an inquiry
conducted under section 202 of the Code of Criminal Procedure, 1973?
(a) Basavaraj Patel v State of Karnataka
(b) Rosy v State of Kerala
(c) Alice George v DYSP
(d) None of the above
587. A magistrate cannot direct an investigation into a/an ........... .. under section 202 of the Code of
Criminal Procedure.
(a) Economic offence
(b) Sessions offence
(c) Offence under a special Act
(d) None of the above
588. In an inquiry under section 202 of the Code of Criminal Procedure, 1973
(a) The magistrate has no authority to conduct a test identification parade
(b) The accused has no right to participate
(c) The magistrate is competent to direct an advocate to make an investigation
(d) All of the above are correct
589. Is the proceeding under section 200 of the Code of Criminal Procedure an inquiry?
(a) Yes
(b) No
(c) Depends
(d) None of the above
590. A private complaint was filed before the magistrate alleging commission of an offence under
section 307 of the Indian Penal Code. The magistrate took cognizance of the offence and started an
inquiry under section 202 of the Code of Criminal Procedure and it was found that the accused
acted under private defence. Can the magistrate dismiss the complaint?
(a) Yes
(b) No
(c) Depends
(d) None of the above
591. The use of the word „shall‟ in proviso to section 202(2) of the Code of Criminal Procedure is prima
facie indicative of mandatory character of the provision contained therein, but a close and critical
analysis thereof along with other provisions contained in Chapter XV and sections 226, 227 and
465 of the Code would clearly show that non examination on oath of any or some of the witnesses
cited by the complainant is, by itself not sufficient to denude the concerned magistrate of the
jurisdiction to pass an order for taking cognizance and issue of process. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
592. In which of the following cases, the Supreme Court held that the examination of all the witnesses
cited in the complaint is not a condition precedent for taking cognizance in a case exclusively
triable by the court of session?
(a) Nirmaljit Singh Hoon v State of West Bengal
(b) Kewal Krishan v Suraj Bhan
(c) Shivjee Singh v Nagendra T iwari
(d) None of the above
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593. In which of the following cases, an inquiry under section 202 of the Code of Criminal Procedure is
mandatory?
(a) Sessions cases
(b) Where the accused is residing at a place beyond the area in which the magistrate exercises his
jurisdiction
(c) Where the complaint is filed by a person other than a public servant
(d) None of the above
594. Where a magistrate decides to conduct an inquiry under section 202 of the Code of Criminal
Procedure, 1973
(a) He may inquire into the case himself
(b) He may direct an investigation by police
(c) He may direct an investigation by a person other than a police officer
(d) Any one of the above
595. In which of the following cases, a direction for investigation shall not be made under section 202
of the Code of Criminal Procedure, 1973?
(a) Where it appears to the magistrate that the offence complained of is triable exclusively by the
court of session
(b) Where the complaint has not been made by a court, unless the complainant and the witnesses
present (if any) have been examined on oath under section 200 of the Code.
(c) Either (b) or (c)
(d) None of the above
596. Once the magistrate takes cognizance of the offence he can proceed under
(a) Section 156(3) of CrPC
(b) Section 202 of CrPC
(c) Section 190 of CrPC
(d) Any of the above
597. Powers under section 202 of the Code of Criminal Procedure are to be invoked
(a) Before cognizance is taken on a complaint
(b) Before issuance of process
(c) After issuance of process
(d) Any one of the above
598. Once the magistrate takes cognizance of the offence, he has to follow the procedure envisaged in
chapter …………… of the Code of Criminal Procedure, 1973.
(a) Chapter XII
(b) Chapter XIII
(c) Chapter XIV
(d) Chapter XV
599. The power to direct an investigation to the police authorities is available to the magistrate under
(a) Section 156(3) of CrPC
(b) Section 202 of CrPC
(c) Section 173(8) of CrPC
(d) All of the above
600. In which of the following cases, when the complaint is made in writing, the magistrate need not
examine the complainant and the witnesses?
(a) If a public servant acting or purporting to act in the discharge of his official duties or a court
has made the complaint
(b) If the magistrate makes over the case for inquiry or trial to another magistrate under section 192
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(c) Both (a) and (b)
(d) None of the above
601. In which of the following cases the magistrate is required write a speaking order?
(a) Issuance of summons
(b) Taking of cognizance
(c) Dismissal of complaint under section 203 of CrPC
(d) None of the above
602. At the stage of section 200 of the Code of Criminal Procedure, the magistrate has to see
(a) Whether or not there is „sufficient ground for proceeding‟ against the accused
(b) Whether there is ground for presuming that the accused has committed an offence
(c) Whether the allegation is sufficient to get a conviction
(d) None of the above
603. Examination of the complainant under section 200 of the Code of Criminal Procedure, 1973 is a
stage
(a) Before taking cognizance of the offence
(b) After taking cognizance of the offence
(c) Either before or after taking cognizance of the offence
(d) None of the above
604. A complaint was filed before a magistrate with a prayer to proceed under chapter XV of the Code
of Criminal Procedure. The magistrate passed an order under section 156(3) of Cr PC. After one
month the complainant again approached the magistrate alleging improper investigation by the
police and prayed for proceeding under Chapter XV of the Code. The learned magistrate recalled
the order and started an inquiry under section 202 of Cr PC. The course adopted by the magistrate
is
(a) Legal
(b) Illegal
(c) Depends
(d) None of the above
605. In a case, magistrate issued summons to the accused. On receipt of the summons the accused
appeared and filed an application for dismissal of the complaint under section 203 of the Code of
Criminal Procedure. On a reconsideration of the material available on record, the magistrate was
satisfied that no prima facie case is made out against the accused and he thereby dismissed the
complaint. The course adopted by the magistrate is
(a) Legal
(b) Illegal
(c) Depends
(d) None of the above
THE JUDGEMENT
606. In which of the following cases, the Supreme Court held that the magistrate has no power to re-call
his own order?
(a) Benti alias Guddu v State of Madhya Pradesh
(b) Adalath Prasad v Rooplal Jindal
(c) Pepsi Foods v State
(b) None of the above
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607. In which of the following cases, the Supreme Court held that „two criminal cases relating to the
same incident i.e., case and counter case can be tried and disposed of by the same court by
pronouncing judgments on the same day‟?
(a) Gangula Ashok v State
(b) K M Nathew v State
(c) Sudhir v State of M P
(d) None of the above
608. The difference between section 357(1) and section 357(3) of the Code of Criminal Procedure was
explained by the Supreme Court in
(a) Suganthi v Jagadeeshan
(b) Sadanandan Bhadran v State
(c) Dilip S Dahanukar v Kotak Mahindra
(d) None of the above
609. Whenever a recommendation is made by the court for compensation, who shall decide the
quantum of compensation to be awarded under the victim compensation scheme‟?
(a) High Court
(b) Legal Service Authority
(c) Medical Board
(d) None of the above
610. In which of the following cases, the trial court can make a recommendation for compensation
under section 357A(3) of the Code of Criminal Procedure, 1973?
(a) If the trial court, at the conclusion of the trial, is satisfied that the compensation awarded
under section 357 is not adequate for rehabilitation
(b) Where the cases end in acquittal or discharge and the victim has to be rehabilitated
(c) Either (a) or (b)
(d) None of the above
611. In which of the following cases, the victim or his dependents may make an application to the State
or the District Legal Services Authority for award of compensation?
(a) If the court did not recommend compensation
(b) Where the offender is not traced or identified, but the victim is identified and where no trial
takes place
(c) Either (a) or (b)
(d) None of the above
612. On receipt of recommendation for compensation under the victim compensation scheme, the Legal
Service Authority shall, after due enquiry award adequate compensation by completing the enquiry
within
(a) 2 months
(b) 6 months
(c) 3 months
(d) None of the above
613. The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of
the victim, may order for immediate first aid facility or medical benefits to be made available free
of cost on the certificate of
(a) The police officer not below the rank of the officer-in-charge of the police station
(b) A magistrate of the area concerned
(c) Either (a) or (b)
(d) None of the above
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614. In which of the following cases the Supreme Court held that before issuing a direction to pay
compensation under section 357 of the Code of Criminal Procedure, capacity of the accused to pay
the same must be judged?
(a) Suganthi v Jagadeeshan
(b) Sadanandan Bhadran v State
(c) Dilip S Dahanukar v Kotak Mahindra
(d) None of the above
615. Can the deposit of „compensation amount‟ be ordered as a condition precedent for admitting an
appeal against conviction?
(a) Yes
(b) No
(c) Depends
(d) None of the above
616. Can the deposit of some amount be ordered as a condition precedent for suspending the sentence
pending disposal of an appeal against conviction?
(a) Yes
(b) No
(c) Depends
(d) None of the above
617. Can a criminal court simultaneously impose a sentence of fine under section 357(1) and a direction
for payment of compensation under section 357(3) of the Code of Criminal Procedure?
(a) Yes
(b) No
(c) Depends
(d) None of the above
618. Does the criminal court have power to direct payment of interest the amount of compensation to be
paid under section 357(3) of Code of Criminal Procedure?
(a) Yes
(b) No
(c) Depends
(d) None of the above
619. „If no fine is imposed, sub-section (1) of section 357 of the Code of Criminal Procedure has no
application‟. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
620. In which of the following cases Supreme the Court held that an opportunity of being heard has to
be granted before directing payment of compensation under section 357(3) of the Code of Criminal
Procedure?
(a) Mangilal v State of MP
(b) Sadanandan Bhadran v State
(c) Dilip S Dahanukar v Kotak Mahindra
(d) None of the above
621. In which of the following sections of the Indian Penal Code the imposition of fine is not prescribed
as a punishment?
(a) Section 304
(b) Section 304A
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(c) Section 304B
(d) Section 306
622. Where the provisions of the Probation of Offenders Act have been brought into force, the
provisions of section 360 of the Code of Criminal Procedure are wholly inapplicable. The
statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
623. In which of the following cases, the Supreme Court held that in all cases of conviction under
section 138 of the Negotiable Act, the courts shall impose fine up to twice the cheque amount
including simple interest thereon at 9% per annum and direct payment of such amount as
compensation?
(a) R Vijayan v Baby
(b) Sadanandan Bhadran v State
(c) Dilip S Dahanukar v Kotak Mahindra
(d) None of the above
624. In which of the following cases the Supreme Court held that „there is no provision in the Code of
Criminal Procedure authorising the High Court to review its judgment passed either in exercise of
its appellate or revisional or original criminal jurisdiction. Such a power cannot be exercised with
the aid or under the cloak of section 482 of the Code‟?
(a) K M Mathew v State
(b) Hari Singh v Harbhajan Singh
(c) Arun Garg v State
(d) None of the above
625. In which of the following cases the Supreme Court held that imposition of appropriate punishment
is the manner in which the courts respond to the society‟s cry for justice against the criminals.
Justice demands that courts should impose punishment befitting the crime so that the courts reflect
public abhorrence of the crime?
(a) Dhananjoy Chatterjee Alias Dhana v State of West Bengal
(b) Ediga Annamma v State
(c) Arun Garg v State
(d) None of the above
626. The constitutional validity of death sentence by hanging the accused as provided under section
354(5) was upheld in
(a) Ediga Annamma v State of Andhra Pradesh
(b) Deena @ Denndayaland v Union of India
(c) Damu v State
(d) None of the above
627. Who among the following judges formulated the „doctrine of rarest of rare case‟ in Bachan Singh v
State of Punjab?
(a) Justice Chirnnappa Reddy
(b) Justice P N Bhagwati
(c) Justice R S Sarkaria
(d) None of the above
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628. Who among the following judges declared the death penalty provided under section 302 of the
Indian Penal Code read with section 354, sub- section (3) of the Criminal Procedure Code, 1973 as
unconstitutional and void as being violative of Articles l4 and 21 of the Constitution in his
dissenting judgment in the Bachan Singh case?
(a) Justice Chinnappa Reddy
(b) Justice P N Bhagwati
(c) Justice R S Sarkaria
(d) None of the above
629. The criminal courts can award compensation under section ....... ..of the Code of Criminal
Procedure, 1973?
(a) 357
(b) 358
(c) 359
(d) 360
630. A court can order compensation out of fine amount under section .........of the Code of Criminal
Procedure, 1973?
(i) 357(1)
(ii) 357(2)
(iii) 357(3)
(iv) 357(4)
631. A court can order compensation under section ............. ..of the Code of Criminal Procedure where
fine does not form part of the sentence?
(a) 357(1)
(b) 357(2)
(c) 357(3)
(d) 357(4)
632. When any person is convicted of any offence which includes theft, criminal misappropriation,
criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having
voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same
to be stolen, Can a court award compensation to a bona fide purchaser of such property for the loss
of the same if such property is restored to the possession of the person entitled thereto?
(a) Yes
(b) No
(c) Depends
(d) None of the above
633. Can an order under section 357 of the Code of Criminal Procedure be made by an appellate court
or by the High Court or court of session when exercising its powers of revision?
(a) Yes
(b) No
(c) Depends
(d) None of the above
634. Can the Court take into account any sum paid or recovered as compensation under section 357 of
the Code of Criminal Procedure at the time of awarding compensation in any subsequent civil suit
relating to the same matter?
(a) Yes
(b) No
(c) Depends
(d) None of the above
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635. Can the amount of compensation ordered to be paid under section 357 of the Code of Criminal
Procedure be recovered under section 421 of the Code of Criminal Procedure?
(a) Yes
(b) No
(c) Depends
(d) None of the above
636. Can a default sentence be imposed when compensation is awarded under sub-section (3) of section
357 of the Code of Criminal Procedure?
(a) Yes
(b) No
(c) Depends
(d) None of the above
637. In which of the following cases the Supreme Court held that a default sentence be imposed when
compensation is awarded under sub-section (3) of section 357 of the Code Criminal Procedure?
(a) Bhaskaran v Balan
(b) Vijayan v Sadanandan
(c) Arun Garg v State
(d) None of the above
639. Whenever any person causes a police officer to arrest another person, if it appears to the magistrate
by whom the case is heard that there was no sufficient ground for causing such arrest, the
magistrate may award such compensation, not exceeding .... .. to be paid by the person so causing
the arrest to the person so arrested, for his loss of time and expenses in the matter, as the magistrate
thinks fit.
(a) Rs 1,000
(b) Rs 5,000
(c) Rs 10,000
(d) Rs 50,000
640. What is the maximum default sentence that can be awarded in case of non-payment of
compensation under section 358 of the Code of Criminal Procedure?
(a) 30 days
(b) 60 days
(c) 90 days
(d) 120 days
641. Whenever any complaint of a non- cognizable offence is made to a court, the court, if it convicts
the accused, may, in addition to the penalty imposed upon him, order him to pay to the
complainant, in whole or in part, the cost incurred by him in the prosecution, and may further order
that in default of payment, the accused shall suffer simple imprisonment for a period not
exceeding..............days and such costs may include any expenses incurred in respect of process-
fees, Witnesses and pleader‟s fees which the Court may consider reasonable.
(a) 30 days
(b) 60 days
(c) 90 days
(d) 120 days
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642. The court can release an accused on probation of good conduct or after admonition when any
person not under twenty-one years of age is convicted of an offence punishable with fine only or
with imprisonment for a term of ..................years or less.
(a) 3
(b) 5
(c) 7
(d) 10
643. The court can release an accused on probation of good conduct or after admonition when any
person under twenty-one years of age or any woman is convicted of an offence not punishable with
(a) Death
(b) Imprisonment for life
(c) Death or imprisonment for life,
(d) None of the above
644. Which of the following sections of the Code of Criminal Procedure mandates that where in any
case the court could have dealt with an accused person under section 360 or under the provisions
of the Probation of Offenders Act, 1958 (20 of 1958), but has not done so, it shall record in its
judgment the special reasons for not having done so„?
(a) Section 360
(b) Section 361
(c) Section 362
(d) Section 363
645. Which of the following sections of the Code of Criminal Procedure mandates that no court, when it
has signed its judgment or final order disposing of a case, shall alter or review the same except to
correct a clerical or arithmetical error?
(a) Section 360
(b) Section 361
(c) Section 362
(d) Section 363
646. In which of the following cases, the Supreme Court held that „we think that the fair procedure to
adopt in a matter like the present where there are cross cases, is to direct that the same learned
judge must try both cross cases one after the other. After the recording of evidence in one case is
completed, he must hear the arguments but he must reserve the judgment. Thereafter he must
proceed to hear the cross case and after recording all the evidence he must hear the arguments but
reserve the judgment in that case. The same learned judge must thereafter dispose of the matters by
two separate judgments. In deciding each of the cases, he can rely only on the evidence recorded in
that particular case. The evidence recorded in the cross case cannot be looked into. Nor can the
judge be influenced by whatever is argued in the cross case. Each case must be decided on the
basis of the evidence which has been placed on record in that particular case without being
influenced in any manner by the evidence or arguments urged in the cross case. But both the
judgments must be pronounced by the same learned judge one after the other‟?
(a) Gangula Ashok v State
(b) K M Nathew v State
(c) Nathi Lal v State of UP
(d) None of the above
647. What is the maximum sentence which can be awarded to a person tried summarily for giving false
evidence?
(a) Imprisonment for a term which may extend to one month, or to fine which may extend to five
hundred rupees, or with both
(b) Imprisonment for a term which may extend to three months, or to fine which may extend to
five hundred rupees, or with both
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(c) Imprisonment for a term which may extend to six months, or to fine which may extend to five
hundred rupees, or with both
(d) None of the above
648. What is the maximum sentence which can be awarded to a person tried summarily for non-
attendance as witness in obedience to summons?
(a) Fine not exceeding one hundred rupees
(b) Fine not exceeding two hundred rupees
(c) Fine not exceeding five hundred rupees
(d) None of the above
649. The judgment in every trial in any criminal court of original jurisdiction shall be pronounced in
open court by the presiding officer immediately after the termination of the trial or at some
subsequent time of which notice shall be given to the parties or their pleaders
(a) By delivering the whole of the judgment
(b) By reading out the whole of the judgment
(c) By reading out the operative part of the judgment and explaining the substance of the
judgment in a language which is understood by the accused or his pleader
(d) Either (a) or (b) or (c)
650. If the accused is custody, he shall be brought up to hear the judgment pronounced. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
651. In which of the following cases, the accused is not required to be present in the court at the time of
judgment?
(a) Where his personal attendance during the trial has been dispensed with
(b) Where the sentence is one of fine only
(c) Where he is acquitted
(d) All of the above
652. As provided under Section 353 (6) of CrPC where there are more accused than one, and one or
more of them do not attend the court on the date on which the judgment is to be pronounced, the
presiding officer may
(a) Pronounce the judgment against the accused present in the court
(b) Pronounce the judgment notwithstanding their absence
(c) Postpone the case
(d) None of the above
653. No judgment delivered by any criminal court shall be deemed to be invalid by reason only of the
absence of any party or his pleader on the day or from the place notified for the delivery thereof, or
of any omission to serve, or defect in serving, on the parties or their pleaders, or any of them, the
notice of such day and place. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
654. Which of the following sections of the Code of Criminal Procedure deals with language and
contents of judgment?
(a) Section 353
(b) Section 354
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(c) Section 355
(d) Section 356
655. Every judgment referred to in section 353 of the Code of Criminal Procedure shall be written in the
language of the
(a) Court
(b) Accused
(c) Complaint
(d) None of the above
656. In awarding which of the following sentences, the court shall record special reasons?
(a) Death
(b) Imprisonment for life
(c) Imprisonment for 10 years or more
(d) None of the above
657. When the conviction is for an offence punishable with imprisonment for a term of one year or
more, but the court imposes a sentence of imprisonment for a term of less than ........ Month/s, it
shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till
the rising of the court or unless the case was tried summarily.
(a) One
(b) Two
(c) Three
(d) None of the above
MISCELLANEOUS
658. The National Small Industries Corporation Limited, the complainant, a „government company‟
lodged a complaint in the court of the metropolitan magistrate, Delhi, alleging that the second
accused company had issued a cheque drawn in favour of it, towards discharge of its liability, and
the said cheque was dishonoured when presented for payment. The complainant therefore prayed
for summoning and punishing the accused. On 04/02/2002, the learned magistrate took cognizance
and summoned the accused. He did not examine the complainant and its witnesses under section
200 of the Code of Criminal Procedure . He recorded the following reasons in that behalf:
„Complaint has been filed by a public servant in discharge of his public duties. Hence his
examination is dispensed with. I have perused the record and considered the submission. I have
also perused the original documents also. I consider that prima facie case under sections 138/142
of the Negotiable Instruments Act is made out.‟
The accused filed a petition under section 482 of the Code challenging the summoning order. They
contended that as the complainant was a Government Company and not a public servant, the
exemption under clause (a) of the proviso to section 200 of the Code was not available; and that
the learned magistrate could not have dispensed with the mandatory requirement of examining the
complainant on oath under section 200 of the Code.„. Decide
(a) The order of the magistrate is legal
(b) The order of the magistrate is illegal
(c) Depends
(d) None of the above
659. Which of the following is the first case, in which the Supreme Court held that the High Court, in
its inherent powers, can quash criminal proceedings or FIR or complaint and section 320 of the
Code does limit or affect the powers section 482 of the Procedure Code?
(a) B S Joshi v State of Haryana
(b) Nikhil Merchant v Central Bureau of Investigation
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(c) Gian Singh v State of Punjab
(d) None of the above
660. In which of the following cases, a three judge bench of the Supreme Court answered a reference
holding that the High Court can quash criminal proceedings or FIR or complaint and section 320
of the Code does not limit or affect the powers under section 482 of the Criminal Procedure Code?
(a) B S Joshi v State of Haryana
(b) Nikhil Merchant v Central Bureau of Investigation
(c) Gian Singh v State of Punjab
(d) None of the above
661. Can the High Court in the exercise of power under section 482 of Code of Criminal Procedure
allow the compounding of an offence after the revision petition has been dismissed?
(a) Yes
(b) No
(c) Depends
(d) None of the above
662. Filing of list of witnesses by the complainant before issuance of summons or warrant to the
accused under section 204 of Cr. PC–
(a) Is mandatory.
(b) Is directory.
(c) Neither mandatory nor directory.
(d) Either mandatory or directory.
663. Whether a person can send fine amount through post or messenger in some petty offences, if yes
under which provision?
(a) Yes under section 207 of CrPC
(b) Yes under section 206of CrPC
(c) Yes under section 210 of CrPC
(d) Yes under section 194 of CrPC
664. In case of merger of the complaint with the police report, the procedure to be followed for the
trial–
(a) Shall be the complaint case
(b) Shall be of the case instituted on the police report
(c) Shall be of both as per convenience during trial
(d) Shall be the one directed by the
665. An investigation by the police is in progress in relation to the offence which is the subject matter
of the inquiry or trial held by the magistrate (as a complaint case), the magistrate shall–
(a) Stay the proceedings of such inquiry or trial
(b) Call for a report on the matter from the police officer conducting the investigation.
(c) Both (a) and (b)
(d) Only (b)
666. Keeping in view the provisions of section 209, Cr PC, when the Sessions Court may take the
cognizance of an offence as a court of original jurisdiction?
(a) Sessions Court cannot take the cognizance of an offence.
(b) Sessions Court cannot take the cognizance of an offence until the case is committed to it by
the Magistrate concerned.
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(c) Both (a) and (b)
(d) None of the above
667. Under which section of the Criminal Procedure Code, a magistrate should commit the case to the
court of session, when it is exclusively triable by the Court?
(a) Section 209
(b) Section 323
(c) Section 203
(d) Section 209 and 323
668. What is meant by “petty offence” under section 206(2) of the Cr. PC?
(a) Offence punishable only with fine not exceeding five hundred rupees.
(b) Offence punishable only with fine not exceeding one thousand rupees.
(c) Offence punishable only with fine not exceeding two thousand rupees.
(d) Offence punishable only with fine not exceeding five thousand rupees.
669. Under section 206, Criminal Procedure Code, in case of petty offences, what kind of process is
issued?
(a) Warrant
(b) Summons
(c) Special summons
(d) All of these
670. Under which section of the following of Criminal Procedure Code, 1973 the accused shall be
supplied with the copy of police report and other documents by the Magistrate?
(a) Section 205
(b) Section 209
(c) Section 207
(d) Section 208
671. Under Section 209 Cr. PC., which of the following cases can be committed to the Court of
Sessions by a Magistrate, if it appears to the Magistrate that the offence is triable exclusively by
the Court of Sessions?
(a) A case instituted on a police report
(b) A case instituted otherwise than on a police report
(c) Both (a) and (b)
(d) None of the above
673. If in the opinion of a magistrate taking cognizance of an offence, there is sufficient ground for
proceeding, and the case appears to be a summons- case, he shall issue ............. .. for the
attendance of the accused.
(a) Summons
(b) Warrant
(c) Summons or warrant
(d) None of the above
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674. Can a complaint be dismissed for non-appearance of the complainant at a stage when his evidence is
closed?
(a) Yes
(b) No
(c) Depends
(d) None of the above
675. In which of the following cases, the Supreme Court deprecated the practice of issuing general
guidelines (like permanent exemption in all cases under section 138 of the Negotiable Instruments
Act, 1881) which are inconsistent with section 205 of the Code of Criminal Procedure?
(a) Basavraj Patil v State
(b) T G N Kumar v State of Kerala
(c) Sugnathi v Jagadesan
(d) None of the above
676. Before section 210 of the Code of Criminal Procedure can be invoked, the following conditions
must be satisfied
(i) There must be a complaint pending for inquiry or trial
(ii) An investigation by the police must be in progress in relation to the same offence
(iii) A report must have been made by the police officer under section 173 of CrPC
(iv) The magistrate must have taken cognizance of an offence against a person who is accused in
the complaint case\
Which of the following statements are correct?
(a) (i) and (ii) only
(b) (ii) and (iii) only
(c) (i), (ii) and (iii) only
(d) (i), (ii), (iii) and (iv)
677. If in the opinion of a magistrate taking cognizance of an offence, there is sufficient ground for
proceeding, and the case a ears to be a warrant case, he may issue ............. .. for the attendance of
the accused.
(a) summons
(b) warrant
(c) summons or warrant
(d) None of the above
678. When in a complaint case, it is made to appear to the magistrate, during the course of the inquiry
or trial held by him, that an investigation by the police is in progress in relation to the offence
which is the subject- matter of the inquiry or trial held by him
(a) The magistrate shall stay the proceedings of such inquiry or trial and call for a report on the
matter from the police officer conducting the investigation
(b) The magistrate shall stay the investigation
(c) The magistrate shall stay both the proceedings of such inquiry or trial and investigation
(d) None of the above
679. Can a magistrate issue summons to an accused to appear before another magistrate?
(a) Yes
(b) No
(c) Depends
(d) None of the above
680. No summons or warrant shall be issued against the accused under sub- section (1) of section 204 of
the Code of Criminal Procedure until
(a) A list of the prosecution witnesses has been filed
(b) The process fee is paid
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(c) Both (a) and (b)
(d) None of the above
682. The magistrate .............. .. record reasons for issuing process to the accused.
(a) May
(b) Shall
(c) Need not
(d) None of the above
684. In which of the following cases, the Supreme Court held that the normal rule is that the evidence
shall be taken in the presence of the accused. However, even in the absence of the accused such
evidence can be taken but then his counsel must be present in the court, provided he has been
granted exemption from attending the court. The concern of the criminal court should primarily be
the administration of criminal justice. For that purpose the proceedings of the court in the case
should register progress. Presence of the accused in the court is not for marking his attendance just
for the sake of seeing him in the court. It is to enable the court to proceed with the trial. If the
progress of the trial can be achieved even in the absence of the accused the court can certainly take
into account the magnitude of the sufferings which a particular accused person may have to bear
within in order to make himself present in the court in that particular case. ‟?
(a) J K International v State
(b) T C Mathai v District and Sessions Judge
(c) M/s Bhaskar Industries Ltd v M/s Bhiwani Denim and Apparels Ltd
(d) None of the above
686. In which of the following cases, the Hon‟ble Supreme Court has held that „no magistrate shall
insist that a particular person whose statement was taken on oath at the first instance, alone can
continue to represent the company till the end of the proceedings‟?
(a) Basavaraj Patel v state of Karnataka
(b) Raj Deo Sharma v Union of India
(c) Associated Cement Company Limited v Kesavaanand
(d) None of the above
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687. If the contention of the petitioner who moves the superior court in revision, as against the order
under challenge, is upheld, would the criminal proceedings as a whole culminate, if it would, then
the order is
(a) An interlocutory order
(b) Not an interlocutory order
(c) An interim order
(d) None of the above
688. The definition of „interlocutory order‟ given by the three judge bench in Madhu Limaye case, was
upheld by the four judge bench in
(a) V C Shukla v State
(b) Joginder Singh v State
(c) R K Jain v State
(d) None of the above
691. A revision will lie against orders falling in the middle course between a final and interlocutory
order. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
692. In which of the following cases the Supreme Court held that an order granting police custody is
purely an interlocutory order?
(a) Bhasker Industries v Bhivani Denim
(b) State v N M T Joy Immaculate
(c) V C Shukla v State
(d) None of the above
693. A special summons under section 206 of the Code of Criminal Procedure may be issued in regard
to an offence which can be triable as a
(a) Summons case only
(b) Summary trial only
(c) Summons or warrant case
(d) None of the above
694. Can an accused pay the amount of fine by post, in response to a summons issued under section 206
of the Code of Criminal Procedure, 1973?
(a) Yes
(b) No
(c) Depends
(d) None of the above
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695. What is the maximum amount which can be imposed through a special summons issued under
section 206 of the Code of Criminal Procedure?
(a) Rs 100
(b) RS200
(c) Rs 500
(d) Rs 1000
697. A charge sheet was submitted by the police alleging offences punishable under sections 183 and
184 of the Motor Vehicles Act. The magistrate issued special summons under section 206 of the
Code of Criminal Procedure to the accused. The action of magistrate is
(a) Legal
(b) Illegal
(c) Depends
(d) None of the above
698. In any case where the proceeding has been instituted on a police report, the magistrate shall
without delay furnish to the accused, free of cost, a copy of each of the following
(i) The police report
(ii) The first information report recorded under section 154 of CrPC
(iii) The statements recorded under sub- section (3) of section 161 of all persons whom the
prosecution proposes to examine as its witnesses, excluding there from any part in regard to
which a request for such exclusion has been made by the police officer under sub-section (6)
of section 173 of CrPC;
(iv) The confessions and statements, if any, recorded under section 164 of CrPC
Which of the following statements are correct?
(a) (i) and (ii) only
(b) (ii) and (iii) only
(c) (i), (ii) and (iii) only
(d) (i), (ii), (iii) and (iv)
699. In which of the following cases, the Supreme Court held that „no prejudice had been caused to the
right of the accused to fair trial and non-furnishing of the copy of one of the ballistic reports had
not hampered the ends of justice‟?
(a) Jeesica Lal case
(b) Pryadarshini Mattoo case
(c) Sister Abhaya case
(d) None of the above
700. In cases exclusively traible by a Court of session, the copies of documents to the accused shall be
supplied by
(a) Sessions Court
(b) Committal Court
(c) Trial Court
(d) None of the above
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(c) Both (a) and (b) if the offence is triable by a court of session
(d) None of the above
703. In which of the following cases, the Supreme Court held that „a magistrate enquiring into a case
under section 209 of CrPC is not to act as a mere post office and has to come to a conclusion
whether the case before him is fit for commitment of the accused to the court of session. He is
entitled to sift and weigh the materials on record, but only for seeing whether there is sufficient
evidence for commitment, and not whether there is sufficient evidence for conviction‟?
(a) P J Thomas v State
(b) Manu Sharma v State
(c) Sajjan Kumar v CB1
(d) None of the above
704. In which of the following cases, the Supreme Court held that „it is thus manifest that in the sphere
of the limited functioning of the magistrate, no application of mind is required in order to
determine any issue raised, or to adjudge anyone guilty or not, or otherwise to pronounce upon the
truthfulness of any version. The role of the magistrate thus is only to see that the package sent to
the court of session is in order, so that it can proceed straightway with the trial and that nothing is
lacking in content, as per requirement of section 207 and 208 of the Code of Criminal Procedure‟?
(a) Raj Kishore Prasad v State of Bihar
(b) Manu Sharma v State
(c) Sajjan Kumar v CBI
(d) None of the above
705. In which of the following cases, the Supreme Court held that the committal proceedings under
section 209 of CrPC do not fall squarely within the ambit of „inquiry‟ as defined in section 2(g) of
the Code of Criminal Procedure?
(a) Raj Kishore Prasad v State of Bihar
(b) Manu Sharma v State
(c) Sajjan Kumar v CBI
(d) None of the above
THE CHARGE
706. „A‟ is accused of an act which may amount to theft or receiving stolen property or criminal breach
of trust. „A‟ is only charged with „theft‟. It appears that he committed the offence of criminal
breach of trust.
(a) He may be convicted of criminal breach of trust, though he was not charged with such
offence.
(b) He may not be convicted of criminal breach of trust because he was not charged with such
offence.
(c) He may neither be convicted of theft nor of criminal breach of trust.
(d) He may only be convicted of theft because he was charged theft.
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707. If a series of acts are so connected together as to form the same transaction, more than one offence
is committed by the same person –
(a) He shall be charged and tried separately for every such offence.
(b) He may be charged with every such offence and tried at one trial for all the offences.
(c) Some of the offences may be clubbed and tried
(d) All of the above.
710. After the charges are altered, the witnesses may be recalled under
(a) Section 216
(b) Section 217
(c) Section 218
(d) Section 219
711. Which of the following statements is/are correct in the light of section 216 of Cr. PC–
1) Only session court may alter or add to any charge at any time before judgment is pronounced.
2) Every alteration or addition shall be read and explained to the accused.
3) The court in its discretion may alter or add charge
4) Court may either direct a new trial or adjourn the trial for such period as may be necessary.
Code:
(a) Only (i)
(b) (i), (ii) and (iv)
(c) (ii) and (iv)
(d) (ii), (iii) and (iv)
712. „A‟ is accused of theft on the occasion and of causing grievous hurt on another occasion. A must
be–
(a) Charged separately for theft and for causing grievous hurt
(b) Charged jointly for theft and causing grievous hurt
(c) Tried jointly for theft and for causing grievous hurt
(d) Charged jointly for theft and for causing grievous hurt but tried separately for those two
offences
713. Which one of the following orders can be passed after the trial of case is over?
(a) Only an order of acquittal
(b) Only an order of conviction
(c) Order of discharge
(d) Either an order of acquittal or conviction
714. When shall the prosecutor and the accused be allowed to recall the witness?
(a) The court has to explain the charge to the accused
(b) The accused wants to cross – examine
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(c) When a charge is altered or added by the court
(d) In all of the above conditions
715. Which one of the following section of criminal procedure code, 1973 provides for joint trial of
several accused?
(a) Section 224
(b) Section 221
(c) Section 222
(d) Section 223
717. Under section 223, criminal procedure code, who may be charged and tried jointly?
(i) Persons accused of the same offence committed in the course of the same transaction
(ii) Persons accused of an offence and persons accused of abetment of, or attempt to commit, such
offence.
(iii) Persons accused of more than one offence of the same kind, within the meaning within the
period of twelve months
(iv) Persons accused of different offences committed in the course of the same transaction
Code:
(a) (i) and (ii)
(b) (ii) and (iii)
(c) (i), (ii) and (iii)
(d) (i), (ii), (iii) and (iv)
718. In the criminal procedure code, 1973, in which sections jointer of charges have been mentioned?
(a) Section 218
(b) Section 219
(c) Section 220
(d) All of these
719. In which section of the criminal procedure code, it has been provided that 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 remaining particulars are not proved, he may be
convicted of the minor offence, though he was not charged with it?
(a) Section 221
(b) Section 222
(c) Section 223
(d) Section 224
720. Due to non-framing of charge, or due to any error, omission or irregularly in the charge finding,
sentence or any order by a court of competent jurisdiction
(a) Shall be invalid always
(b) Shall be valid generally
(c) Shall be invalid only when in fact it has occasioned failure of justice
(d) Both (b) and (c)
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721. When a number of persons are charged with separate offences and such persons do not fall within
any of the categories specified in section 223, they may by an application in writing, so desire, and
if court is satisfied that such persons would not be prejudicially affected thereby, and it is
expedient so to do, try all such persons together such an application can be made to-
(a) Magistrate
(b) Court of session
(c) Magistrate or court of session
(d) Court of session or high court
722. In the criminal procedure code, where drafts of charges have been shown?
(a) Section 211
(b) Section 212
(c) Section 2(b)
(d) Schedule 2
723. „A‟ is accused of an act which may amount to theft, or receiving stolen property or criminal breach
of trust or cheating. There is a charge of theft on „a‟ it appears that he has committed the offence of
criminal breach of trust or receiving stolen property. Under which section of the Cr PC, „A‟ may
be convicted of offence of criminal breach of trust or receiving stolen property, although he was
not charged with it?
(a) Section 220
(b) Section 221
(c) Section 222
(d) Section 223
724. If an accused is charged of a major offence but is not found guilty there under, he can be convicted
of minor offence. Is this statement is –
(a) True
(b) False
(c) Not clear in the Cr. PC
(d) None of the above
725. A prosecuted for robbery and doing so voluntarily causes hurt to B. Whether he may be separated
charged under section 323, 392 and 394 of IPC?
(a) Yes
(b) No
(c) Alternative charge can be framed
(d) It depends on the wishes of magistrate which charge be framed
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728. A entices B, the wife of C, away from C with intent to commit adultery, with B and then commits
adultery with her. Applying Section 220 Cr. P.C.:
(a) A may be separately charged with, and convicted of offences u/ss. 494 and 495 of the Indian
Penal Code (45 of 1860)
(b) A may be separately charged with, and convicted of offences u/ss. 495 and 496 of the Indian
Penal Code (45 of 1860)
(c) A may be separately charged with, and convicted of offences u/ss. 496 and 497 of the Indian
Penal Code (45 of 1860)
(d) A may be separately charged with, and convicted of offences u/ss. 497 and 498 of the Indian
Penal Code (45 of 1860)
729. A rescues B, a person in lawful custody and in so doing causes grievous hurt to C, a constable in
whose custody B was. Applying Section 220 Cr. PC.:
(a) A may be charged with, and convicted of, offences u/ss. 220 and 225 of the Indian Penal Code
(45 of 1860)
(b) A may be charged with, and convicted of, offences u/ss. 222 and 292 of the Indian Penal Code
(45 of 1860)
(c) A may be charged with, and convicted of, offences u/ss. 224 and 332 of the Indian Penal Code
(45 of 1860)
(d) A may be charged with, and convicted of, offences u/ss. 225 and 333 of the Indian Penal Code
(45 of 1860)
730. A commits house-breaking by day with intent to commit adultery, and commits, in the house so
entered, adultery with B‟s wife. Applying Section 220 Cr. PC.:
(a) A may be separately charged with, and convicted of offences u/ss. 451 and 494 of the Indian
Penal Code (45 of 1860)
(b) A may be separately charged with, and convicted of offences u/ss. 452 and 495 of the Indian
Penal Code (45 of 1860)
(c) A may be separately charged with, and convicted of offences u/ss. 453 and 496 of the Indian
Penal Code (45 of 1860)
(d) A may be separately charged with, and convicted of offences u/ss. 454 and 497 of the Indian
Penal Code (45 of 1860)
731. “A” is accused of a theft on one occasion and of causing grievous hurt on another occasion.
Applying Section 218 Cr. P.C.:
(a) “A” must be charged and tried for the theft and causing grievous hurt
(b) “A” must be separately charged and separately tried for the theft and causing grievous hurt
(c) “A” can be charged and tried only for the theft
(d) none of them
732. Akanksha is accused of disobeying a direction of the law with an intent to save Sonam from
punishment. As per Section 213 Cr. P.C.
(a) the charge must set out the disobedience charged
(b) the charge must set out the law infringed
(c) both (A) and (B)
(d) none of them
733. A, with six others, commits the defences of rioting, grievous hurt and assaulting a public servant
endeavouring in the discharge of his duty as such to suppress the riot. Applying Section 220 Cr.
P.C.:
(a) A may be separately charged with and convicted of, offences u/ss. 147,m 322 and 149 of the
Indian Penal Code (45 of 1860)
(b) A may be separately charged with and convicted of, offences u/ss. 147,m 323 and 150 of the
Indian Penal Code (45 of 1860)
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(c) A may be separately charged with and convicted of, offences u/ss. 147,m 324 and 151 of the
Indian Penal Code (45 of 1860)
(d) A may be separately charged with and convicted of, offences u/ss. 147,m 325 and 152 of the
Indian Penal Code (45 of 1860)
734. With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there
is not just or lawful ground for such proceeding, and also falsely accuses B of having committed
an offence, knowing that there is no just or lawful ground for such charge. Applying Section 220
Cr. PC.
(a) A may be separately charged with, and convicted of, two offense u/s. 208 of the Indian Penal
Code (45 to 1860)
(b) A may be separately charged with, and convicted of, two offense u/s. 209 of the Indian Penal
Code (45 to 1860)
(c) A may be separately charged with, and convicted of, two offense u/s. 210 of the Indian Penal
Code (45 to 1860)
(d) A may be separately charged with, and convicted of, two offense u/s. 211 of the Indian Penal
Code (45 to 1860)
735. A has in his possession several seals, knowing them to be counterfeit and intending to use them for
the purpose of committing several forgeries punishable u/s. 466 of the Indian Penal Code (45 of
1860). Applying Section 220 Cr. PC.:
(a) A may be separately charged with, and convicted of, the possession of each seal u/s. 470 of
Indian Penal Code (45 of 1860)
(b) A may be separately charged with, and convicted of, the possession of each seal u/s. 471 of
Indian Penal Code(45 of 1860)
(c) A may be separately charged with, and convicted of, the possession of each seal u/s. 472 of
Indian Penal Code (45 of 1860)
(d) A may be separately charged with, and convicted of, the possession of each seal u/s. 473 of
Indian Penal Code (45 of 1860)
736. Abhijeet is accused of cheating Baldev at a given time and place. As per Section 213 Cr. PC.:
(a) the charge need not set out the manner in which Abhijeet cheated Baldev
(b) the charge must set out the manner in which Abhijeet cheated Baldev
(c) either (A) or (B)
(d) none of them
737. If one is accused of an act which may amount to theft, or receiving stolen property or cheating and
is charged for theft only and from the evidence it appears that he has committed cheating, he can
be convicted for cheating though no charge for cheating has been formally framed, by virtue of:
(a) section 214 of Cr PC
(b) section 221 of Cr PC
(c) section 223 of Cr PC
(d) Section 224 of Cr PC.
738. Due to non-framing of charge, or due to any error, omission or irregularity in the charge, finding,
sentence or any order by a court of competent jurisdiction:
(a) shall be invalid always
(b) shall be valid generally
(c) shall be invalid only when in fact it has occasioned failure of justice
(d) both (b) & (c).
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739. If an accused is charged of a major offence, but on the facts established he cannot be held guilty of
that major offence. At the same time the facts established indicate that a minor offence has been
committed, the person so tried for major offence can be convicted for such minor offence. It has
been so provided:
(a) under section 220 of Cr PC
(b) under section 223 of Cr PC
(c) under section 222 of Cr PC
(d) under section 221 of Cr PC.
744. Under section 216 of Cr PC, the Court has the power to:
(a) add to the charge(s) already framed
(b) alter the charge(s) already framed
(c) only alter & not to add to the charge already framed
(d) add to and alter the charge both.
746. A entices B, the wife of C, away from C with intent to commit adultery, with B and then commits
adultery with her. Applying Section 220 Cr. PC.:
(a) A may be separately charged with, and convicted of offences u/ss. 494 and 495 of the Indian
Penal Code (45 of 1860)
(b) A may be separately charged with, and convicted of offences u/ss. 495 and 496 of the Indian
Penal Code (45 of 1860)
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(c) A may be separately charged with, and convicted of offences u/ss. 496 and 497 of the Indian
Penal Code (45 of 1860)
(d) A may be separately charged with, and convicted of offences u/ss. 497 and 498 of the Indian
Penal Code (45 of 1860)
747. A commits house-breaking by day with intent to commit adultery, and commits, in the house so
entered, adultery with B‟s wife. Applying Section 220 Cr. P.C.:
(a) A may be separately charged with, and convicted of offences u/ss. 451 and 494 of the Indian
Penal Code (45 of 1860)
(b) A may be separately charged with, and convicted of offences u/ss. 452 and 495 of the Indian
Penal Code (45 of 1860)
(c) A may be separately charged with, and convicted of offences u/ss. 453 and 496 of the Indian
Penal Code (45 of 1860)
(d) A may be separately charged with, and convicted of offences u/ss. 454 and 497 of the Indian
Penal Code (45 of 1860)
748. “A” is accused of a theft on one occasion and of causing grievous hurt on another occasion.
Applying Section 218 Cr. PC.
(a) “A” must be charged and tried for the theft and causing grievous hurt
(b) “A” must be separately charged and separately tried for the theft and causing grievous hurt
(c) “A” can be charged and tried only for the theft
(d) none of them
749. Atif is charged with the murder of Khuda Baksh on the 21st January, 1882. In fact, the murdered
person‟s name was Haidar Baksh, and the date of the murder was the 20th January, 1882. Atif was
never charged with any murder but one, and had heard the inquiry before the Magistrate, which
referred exclusively to the case of Haidar Baksh. What will the Court infer from this while
applying Section 215 Cr. PC.?
(a) the Court may infer from these facts that Atif was not misled and that the error in the charge
was immaterial
(b) the Court may infer from these facts that Atif was misled and that the error in the charge was
immaterial
(c) the Court may infer from these facts that Atif was misled and that the error in the charge was
material
(d) none of them
750. Armaan is charged with cheating Benny, and the manner in which he cheated Benny is not set out
in the charge, or is set out incorrectly. Armaan defends himself, calls witnesses and gives his own
account of the transaction. What will the Court infer from this while applying Section 215 Cr. PC.?
(a) the Court may infer from this that the omission to set out the manner of the cheating is valid
(b) the Court may infer from this that the omission to set out the manner of the cheating is a
cognisable offence
(c) the Court may infer from this that the omission to set out the manner of the cheating is not
material
(d) none of them
751. Akanksha is accused of disobeying a direction of the law with an intent to save Sonam from
punishment. As per Section 213 Cr. P.C.
(a) the charge must set out the disobedience charged
(b) the charge must set out the law infringed
(c) both (A) and (B)
(d) none of them
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752. Abhijeet is charged u/s. 242 of the Indian Penal Code (45 of 1860), with “having been in
possession of counterfeit coin, having known at the time when he became possessed thereof that
such coin was counterfeit”, the word “fraudulently” being omitted in the charge. Applying Section
215 Cr. P.C.:
(a) If it appears that Abhijeet was in fact misled by this omission, the error shall be regarded as
material
(b) If it appears that Abhijeet was deliberately misled by this omission, the error shall be regarded
as material
(c) Unless it appears that Abhijeet was in fact misled by this omission, the error shall not be
regarded as material
(d) none of them
753. Which of the following statements true and correct regarding charge?
(iv) Every charge shall state offence with which the is charged.
(v) If the law which creates offence gives it any name, the offence may described in the charge by
name only.
(vi) If the law which creates offence does not give it specific name, so much of definition of the
offence must stated as to give the notice of the matter with he is charged.
(vii) The law and section of the against which the offence is to have been committed shall
mentioned in the charge.
(a) (i) and (ii) only
(b) (ii) and (iii) only
(c) (i), (ii) and (iii) only
(d) (i), (ii), (iii) and (iv)
755. Under section 211(7) of the Code of Criminal Procedure if the accused, having been previously
convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment,
or to punishment of a different kind, for a subsequent offence, and it is intended to prove such
previous conviction for the purpose of affecting the punishment which the court may think fit to
award for the subsequent offence, the fact, date and place of the previous conviction shall be stated
in the charge; and if such statement has been omitted, the
(a) Court may add it at any time before evidence is taken
(b) Court may add it at any time before evidence is closed
(c) Court may add it at any time before sentence is passed
(b) None of the above
756. A is charged with the murder of B. This is equivalent to a statement that A‟s act ell within the
definition of murder given in sections 299 and 300 of the Indian Penal Code that it did not fall
within any of the general exceptions of the said Code; and that it did not fall within any of the five
exceptions to section 300, or that, if it did fall within Exception 1, one or other of the three
provisos to that exception applied to it. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
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757. In which of the following early judgments, the Supreme Court explained the concepts of „prejudice
to the accused‟ and „failure of justice‟?
(a) Willie (William) Slaney v State of Madhya Pradesh
(b) Vadi Velu Thevar v State of Madras
(c) Nishikant Jha v State
(b) None of the above
758. „In adjudging the question of prejudice the fact that the absence of a charge, or a substantial
mistake in it, is a serious lacuna will naturally operate to the benefit of the accused and if there is
any reasonable and substantial doubt about whether he was, or was reasonably likely to have been,
misled in the circumstances of any particular case, he is as much entitled to the benefit of it here as
elsewhere; but if, on a careful consideration of all the facts, prejudice, or a reasonable and
substantial likelihood of it, is not disclosed the conviction must stand; also it will always be
material to consider whether objection to the nature of the charge, or a total want of one, was
taken at an early stage.... But these are matters of fact which will be special to each different case
and no conclusion on these questions of fact in any one case can ever be regarded as a precedent or
a guide for a conclusion of fact in another, because the facts can never be alike in any two cases
however alike they may seem. There is no such thing as a judicial precedent on facts though
counsel and even judges, are sometimes prone to argue and to act as if there were.‟ This was held
by the Supreme Court in
(a) Willie (William) Slaney v State of Madhya Pradesh
(b) Vadi Velu T hevar v State of Madras
(c) Nishikant Jha v State
(d) None of the above
759. The court framed charges against seven persons under section 302 of the Indian Penal Code and
convicted five of them under section 325 read with section 149 of IPC. It is contended that the
conviction is illegal since no charge under section 149 of IPC was framed. Decide
(a) The conviction is legal
(b) The conviction is illegal
(c) Depends
(d) None of the above
761. When the accused is charged with criminal breach of trust or dishonest misappropriation of money
or other movable property, it shall be sufficient to specify the gross sum or, as the case may be,
describe the movable property in respect of which the offence is alleged to have been com- mitted,
and the dates between which the offence is alleged to have been committed, without specifying
particular items or exact dates, and the charge so framed shall be deemed to be a charge of one
offence within the meaning of section 219 of the Code of Criminal Procedure. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
762. When the accused is charged with criminal breach of trust or dishonest misappropriation of money
or other movable property, it shall be sufficient to specify the gross sum or, as the case may be,
describe the movable property in respect of which the offence is alleged to have been committed,
and the dates between which the offence is alleged to have been committed, without specifying
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particular items or exact dates, and the charge so framed shall be deemed to be a charge of one
offence within the meaning of section 219, provided that the time included between the first and
last of such dates shall not exceed
(a) One year
(b) Two years
(c) Three years
(d) None of the above
763. A is charged with the murder of Khoda Baksh on the 21st January 1882. In fact, the murdered
person‟s name was Haidar Baksh, and the date of the murder was the 20”„ January 1882. A was
never charged with any murder but one, and had heard the inquiry before the magistrate, which
referred exclusively to the case of Haidar Baksh. The court may infer from these facts that A was
not misled, and that the error in the charge was
(a) Material
(b) Immaterial
(c) Depends
(d) None of the above
764. A was charged with the murder of Haidar Baksh on the 20th January 1882, and Khoda Baksh (who
tried to arrest him for that murder) on the 21st January 1882. When charged for the murder of
Haidar Baksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence
were witnesses in the case of Haidar Baksh. The court may infer from this that A was misled, and
that the error was
(a) Material
(b) Immaterial
(c) Depends
(d) None of the above
765. Any court may alter or add to any charge at any time before the
(a) Evidence is closed
(b) Evidence is started
(c) Judgment is pronounced
(d) None of the above
766. For every distinct offence of which any person is accused, there shall be a separate charge, and
every such charge shall be tried separately. This is the mandate of section ........ .. of the Code of
Criminal Procedure, 1 73.
(a) 218
(b) 219
(c) 220
(d) 221
768. In which of the following cases, the Supreme Court directed all trial courts in India to ordinarily
add section 302 IPC to the charge of section 304B IPC so that death sentences can be imposed in
such heinous and barbaric crimes against women„?
(a) Shanti v State
(b) Satvir v State
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(c) Rajbir@ Raju v State of Haryana
(d) None of the above
769. If the alteration or addition to a charge is such that proceeding immediately with the trial is not
likely, in the opinion of the court, to prejudice the accused in his defence or the prosecutor in the
conduct of the ease, the court may, in its discretion, after such alteration or addition has been made
(a) Direct a new trial
(b) Adjourn the trial for such period as may be necessary
(c) Proceed with the trial as if the altered or added charge had been the original charge
(d) Either (a) or (b).
770. Which of the following propositions are true and correct regarding framing of a charge?
(i) That the judge while considering the question of framing the charges under section 227 of the
Code has the undoubted power to sift and weigh the evidence for the limited purpose of
finding out whether or not a prima facie case against the accused has been made out
(ii) Where the materials placed before the court disclose grave suspicion against the accused which
has not been properly explained, the court will be fully justified in framing a charge and
proceeding with the trial
(iii) The test to determine a prima facie case would naturally depend upon the facts of each case
and it is difficult to lay down a rule of universal application
(a) (i) and (ii) only
(b) (ii) and (iii) only
(c) (i) and (iii) only
(d) (i), (ii) and (iii)
771. At the time of framing of charge, if two views are equally possible and the judge is satisfied that
the evidence adduced before him while giving rise to some suspicion but not grave suspicion
against the accused, he will be fully within his right to
(a) Discharge the accused
(b) Frame the charge
(c) Depends
(d) None of the above
773. Under section 218(1) of the Code of Criminal Procedure, a magistrate may try together all or any
number of the charges flamed against an accused on an application by the
(a) Prosecutor
(b) Accused
(c) De-facto complainant
(d) None of the above
774. A is accused of a theft on one occasion, and of causing grievous hurt on another occasion.
(a) A must be separately charged and separately tried for the theft and causing grievous hurt
(b) A must be tried for the theft and causing grievous hurt jointly
(c) Either (a) or (b) at the discretion of the magistrate
(d) None of the above
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775. Which of the following sections of the Code of Criminal Procedure, 1973 mandates that three
offences of same kind within a year may be charged together?
(a) Section 218
(b) Section 219
(c) Section 220
(d) Section 221
776. If, in one series of acts so connected together as to form the same transaction, more offences than
one are committed by the same person, he may be charged with, and tried at ........ .. trial for, every
such offence.
(a) One
(b) Different
(c) Either (a) or (b) at the discretion of the magistrate
(d) None of the above
777. If several acts, of which one or more than one would by itself or themselves constitute an offence,
constitute when combined a different offence, the person accused of them may be charged with
and tried at ....... ..trial for the offence constituted by such acts when combined, and for any offence
constituted by any one, or more, of such acts.
(a) One
(b) Different
(c) Either (a) or (b) at the discretion of the magistrate
(d) None of the above
778. A states on oath before the magistrate that he saw B hit C with a club. Before the Sessions Court A
states on oath that B never hit C. It cannot be proved which of these contradictory statements was
false. Can he be charged in the alternative and convicted of intentionally giving false evidence?
(a) Yes
(b) No
(c) Depends
(d) None of the above
779. When a person is charged with an offence consisting of several particulars, a combination of some
only of which constitutes a complete min or offence, and such combination is proved, but the
remaining particulars are not proved,
(a) He may be convicted of the minor offence, though he was not charged with it
(b) He may not be convicted of the minor offence, since he was not charged with it
(c) Depends
(d) None of the above
780. When a person is charged with an offence and facts are proved which reduce it to a minor offence,
(a) He may be convicted of the minor offence, although he is not charged with it
(b) He may not be convicted of the minor offence, since he is not charged with it
(c) Depends
(d) None of the above
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782. A is charged with causing grievous hurt under section 325 of the Indian Penal Code. He proves
that he acted on grave and sudden provocation.
(a) He may be convicted under section 335 of IPC
(b) He may not be convicted under section 335 of IPC
(c) Depends
(d) None of the above
783. A is charged under section 302 of the Indian Penal Code. From the evidence it is proved that the
deceased committed suicide and the accused abetted it. No charge was framed under section 306
IPC.
(a) He may be convicted under section 306 of IPC
(b) He may not be convicted under section 306 of IPC
(c) Depends
(d) None of the above
784. A is charged under section 302 of the Indian Penal Code. From the evidence it is proved that it was
a dowry death. No charge was flamed under section 304B of the Indian Penal Code.
(a) He may be convicted under section 304B of IPC
(b) He may not be convicted under section 304B of IPC
(c) Conflicting opinions have been expressed by co-equal benches of the Supreme Court on this
issue.
(d) None of the above
785. A is charged under sections 304B and 498A of the Indian Penal Code. From the evidence it is
proved that the deceased committed suicide and the accused abetted it. No charge was framed
under section 306 IPC.
(a) He may be convicted under section 306 of IPC
(b) He may not be convicted under section 306 of IPC
(c) Depends
(d) None of the above
786. In which of the following cases, the Supreme Court explained the meaning of „a minor offence‟ for
the purpose of section 222 of the Code of Criminal Procedure?
(a) Shamnsaheb M Multtani v State of Karnataka
(b) State v Navjot Sandhu
(c) Yarappa Reddy v State of Karnataka
(d) None of the above
787. Which of the following persons may be charged and tried together?
(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 the above
788. Which of the following persons may be charged and tried together?
(a) Persons accused of different offences committed in the course of the same transaction
(b) Persons accused of an offence which includes theft, extortion, cheating, or criminal
misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or
concealment of, property possession of which he 1S alleged to have been transferred by any
such offence committed by the first-named persons, or of abetment of or attempting to
commit any such last-named offence
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(c) Persons accused of offences under sections 411 and 414 of the Indian Penal Code or either of
those sections in respect of stolen property the possession of which has been transferred by
one offence
(d) All of the above
789. In which of the following cases, the Supreme Court held that no provision in the Code of Criminal
Procedure grants to the accused any right to file any material or document at the stage of framing
of charge?
(a) State v L Muniswami
(b) State v Mohan Lal
(c) State v Devendra Nath Padhi
(d) None of the above
790. Is the prosecution bound to examine all the witnesses mentioned in the charge sheet?
(a) Yes
(b) No
(c) Depends
(d) None of the above
792. Which sections of the Code of Criminal Procedure provide for Trial before a Court of Session:
(a) Sections 225 to 237
(b) Sections 238 to 243
(c) Sections 251 to 259
(d) Section 260 to 265
793. Which one of the following court can try a case punishable with life imprisonment?
(a) Magistrate of the first class
(b) Sessions Judge
(c) Chief Judicial Magistrate
(d) All of these
794. Procedure in cases instituted under section 199 (2) Cr. P.C. is covered under:
(a) Section 235 Cr. P.C.
(b) Section 264 Cr. P.C.
(c) Section 237 Cr. P.C.
(d) Section 258 Cr. P.C.
795. The procedure for trial before a Court of Sessions is provided under sections:
(a) 260 to 265 Cr PC
(b) 238 to 250 Cr PC
(c) 251 to 259 Cr PC
(d) 225 to 237 Cr PC.
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796. A case and counter case, both were committed to the court of session as both cases involved
offences triable exclusively by the sessions court. But after hearing the preliminary arguments the
sessions judge felt that in one case no offence triable exclusively by a court of session was
involved, whereas in the other case a charge for offences including one triable exclusively by the
sessions court could be framed. Is it necessary, in such a situation, that the sessions court should
transfer the former case to the chief judicial magistrate for trial as envisaged in section 228(1) of
the Code of Criminal Procedure?
(a) Yes
(b) No
(c) Depends
(d) None of the above
797. Can a common trial be held in respect of two cases, one on the basis of the charge-sheet filed by
the police and the other on the basis of a protest petition which has been treated as a complaint
having been committed to the court of session, although none of the accused in the said two cases
are common?
(a) Yes
(b) No
(c) Depends
(d) None of the above
799. In Satish Mehra v Delhi Administration 1996 (9) SCC 766, a two judge bench judgment, it was
observed that if the accused succeeds in producing any reliable material at the stage of taking
cognizance or framing of charge which might fatally affect even the very sustainability of the case,
it is unjust to suggest that no such material should be looked into by the court at that stage. The
above decision has been overruled by a three judge bench in
(a) State v L Muniswami
(b) State v Mohan Lal
(c) State v Devendra Nath Padhi
(d) None of the above
800. If, the sessions 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, order,
transfer the case for trial to the chief judicial magistrate, or any other judicial magistrate of the first
class
(a) After framing a charge
(b) Before framing of charge
(c) Either (a) or (b)
(d) None of the above
801. Under which of the following provisions of the Code of Criminal Procedure, 1973, can the accused
file written statements in support of his defence?
(a) Section 230(2)
(b) Section 231(2)
(c) Section 232(2)
(d) Section 233(2)
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802. The trial judge heard the counsel for the accused on the question of sentence. Is it sufficient
compliance with section 235(2) of the Code of Criminal Procedure?
(a) Yes
(b) No, personal hearing of the accused is necessary
(c) Depends
(d) None of the above
803. When in any warrant case instituted on a police report, the accused appears or is brought before a
magistrate at the commencement of the trial, the magistrate shall satisfy himself that he has
complied with the provisions of section –
(a) 205 of CrPC
(b) 206 of CrPC
(c) 207 of CrPC
(d) 208 of CrPC
804. Under which section of Cr. PC. Provided the provision regarding conviction of plea of guilty–
(a) Section 240
(b) Section 241
(c) Section 242
(d) Section 243
805. Which of the following section of Cr. PC Dealt with „acquittal or conviction‟–
(a) Section 247
(b) Section 248
(c) Section 249
(d) Section 250
806. A magistrate can discharge an accused in a warrant case instituted otherwise than on police report
before the stage of section 245 if –
(a) The complainant is absent
(b) The charges are sufficient
(c) A case against the accused is not made out, which, if unrebutted, would warrant his
conviction.
(d) None of the above
807. Which of the following conditions is/are required to be satisfied before discharging the accused
under section 249
(a) Proceedings must have been instituted upon complaint and on any date fixed for hearing the
case, the complaint is absent
(b) The offence may be lawfully compounded or non-cognizable
(c) Both (a) and (b)
(d) None of the above.
808. Which of the following sections of the Code of Criminal Procedure, 1973 authorizes a magistrate
to award compensation for accusation without reasonable cause?
(a) Section 248
(b) Section 249
(c) Section 250
(d) Section 251
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809. What is the maximum period of default sentence which can be awarded for non-payment of
compensation for accusation without reasonable cause under section 250 of the Code of Criminal
Procedure, 1973?
(a) 15 days
(b) 30 days
(c) 60 days
(d) 90 days
810. Which of the following sections of the code of criminal procedure authorizes the magistrate to
discharge an accused in a warrant case, instituted otherwise than on a police report?
(a) Section 239
(b) Section 240
(c) Section 245
(d) No such power exists in the warrant cases.
812. Under Code of Criminal Procedure, 1973 in a warrant case instituted on police-report, the trial
begins when:
(a) Charges are framed
(b) Accused appears
(c) Witnesses are examined
(d) None of the above
814. Which of the following deals with the evidence for prosecution?
(a) Section 235 Cr. P.C.
(b) Section 244 Cr. P.C.
(c) Section 237 Cr. P.C.
(d) Section 242 Cr. P.C.
815. Which of the following statements does NOT hold true under section 246 of the Code of Criminal
Procedure, 1973?
(a) The Magistrate can exercise his discretion to allow cross examination or not
(b) The accused cannot cross examine the witness for the prosecution before the charges are made
(c) If the accused pleads guilty, Magistrate is bound to record the plea
(d) If the accused pleads guilty, Magistrate is not bound to convict him
816. Which of the following statements hold true under section 248 of the Code of Criminal Procedure,
1973-
(a) The magistrate does not have power to discharge the accused
(b) This section will apply when some evidence has been let in and such evidence is not
satisfactory
(c) This section does not apply in case the prosecution cannot produce any evidence
(d) The Magistrate does not have power to pass sentence on the accused
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817. Discharge of the accused under section 249 of the Code of Criminal Procedure, 1973-
(a) Is considered to be acquittal for the purpose of section 300 of CrPC
(b) Is based on the merits of the case
(c) Acts as a bar on filing second complaint
(d) Need not be done in case the complainant dies
818. The order for compensation under section 250 of the Code of Criminal Procedure, 1973 can be
made-
(a) In cases where the offences are compounded
(b) Where discharge or acquittal is not made
(c) By the Magistrate only where the offence charged is triable by him
(d) By the successor in office
819. Under section 239 and 240 of the Code of Criminal Procedure, 1973
(i) Reasons must be given if the accused is discharged
(ii) Reasons must be given if the charges are framed against him
(iii) Hearing includes hearing of evidence if needed
(a) I and II
(b) I and III
(c) II and III
(d) Only III
821. Under the provisions of the Code of Criminal Procedure, 1973 normally a person cannot be
discharged unless the prosecution evidence has been taken and the Magistrate considers for the
reasons to be recorded that no case is made out against the accused. Which of the following section
contains exception to this rule?
(a) 239
(b) 245
(c) 248
(d) 203
822. Which of the following deals with compliance with Section 207 Cr. P.C.?
(a) Section 235 Cr. P.C.
(b) Section 464 Cr. P.C.
(c) Section 237 Cr. P.C.
(d) Section 238 Cr. P.C.
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824. Power of court to convert summon cases into warrant cases
(a) Section 257
(b) Section 258
(c) Section 259
(d) Section 260
825. In a summon case the magistrate can stop the proceedings at any stage without pronouncing
judgment. This has been provided under which section of the code of criminal procedure, 1973
(a) Section 258
(b) Section 257
(c) Section 259
(d) Section 268
826. In which of the following trials under code of criminal procedure, 1973, hearing of the accused on
sentence is not necessary –
(a) In sessions trial
(b) In trial of warrant case
(c) In trial of summon case
(d) In all the above
827. Conviction on plea of guilty under summon cases are mentioned under –
(a) Section 251
(b) Section 254
(c) Section 252
(d) Section 253
828. The magistrate may dispense with the attendance of the complainant and proceed with the
case under section 256 of Cr. PC Where –
(i) The complainant is represented by a pleader
(ii) The complainant is represented by the officer conducting the prosecution
(iii) Magistrate is of opinion that the personal attendance of complainant is not necessary
(iv) None of these
Code:
(a) Only (iii)
(b) (i) and (iii)
(c) (i), (ii) and (iii)
(d) Only (iv)
829. What will be the effect if, in a summon case, a complainant, at any time before a final order is
passed, withdraws his complaint against the accused?
(i) Accused will be acquitted
(ii) If charge has been framed, accused will not be acquitted
(iii) Accused will be discharged
(iv) No effect on the complaint
Code:
(a) Only (i)
(b) Only (ii)
(c) Only (iv)
(d) (i), (ii) and (iii)
830. Under section 256, criminal procedure code, if the summons has been issued on complaint, under
what circumstances, an accused may be acquitted by the magistrate?
(a) Non-appearance of the complainant
(b) Death of the complainant
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(c) Both (a) and (b)
(d) Only (b)
831. A magistrate may convert the summon cases into warrant cases under section 259, criminal
procedure code, when –
(a) The offence is punishable with imprisonment upto six months.
(b) The offence is punishable with imprisonment exceeding six months
(c) The offence is punishable with imprisonment exceeding one year.
(d) The offence is punishable with imprisonment exceeding two years.
832. Under section 257, criminal procedure code, the complainant may withdraw his complaint at any time-
(a) Before reading over the charge or substance of accusation
(b) Before a final order is passed
(c) Before recording the statement of the accused
(d) Before hearing the final arguments
833. Who have power to stop proceedings in certain cases under summon case, Cr. PC
(a) Magistrate of the first class
(b) Any other judicial magistrate with the previous sanction of the chief judicial magistrate
(c) Either (a) or (b)
(d) Only (a)
834. An order under____________ of the Code of Criminal Procedure, 1973 acts as a bar under section
300 of the Code to the trial of the accused for the same offence.
(a) Section 256
(b) Section 203
(c) Section 227
(d) Section 239
835. The Magistrate at his discretion can allow the complainant to withdraw the complaint and acquit
the accused in case of –
(a) Warrant case
(b) Summons case
(c) both A and B
(d) neither A nor B
SUMMARY TRIALS
836. Which of the following courts can try summarily offences mentioned in section 260 of Cr. PC?
(a) Any chief judicial magistrate
(b) Any metropolitan magistrate
(c) Any magistrate of the first class specially empowered by the high court in this behalf
(d) All of the above
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838. Which of the following offences may be try in a summary way under section 260 of Cr. PC –
(i) Offences not punishable with death, imprisonment for life or imprisonment for a term
exceeding two years
(ii) Theft, under section 379, section 380 or section 381 of the Indian penal code, where the value
of the property stolen does not exceed [two thousands rupees.
(iii) Offences under section 454 and 456, Indian penal code.
(iv) Any offence constituted by made under section 20 of the cattle trespass act, 1871
Code:
(a) (i) and (ii)
(b) Only (iv)
(c) (i), (ii) and (iii)
(d) (i), (ii), (iii) and (iv)
839. Any magistrate invested with the powers of a magistrate of the second class power to try
summarily if such power conferred by–
(a) High Court
(b) Chief Judicial Magistrate
(c) Session Court
(d) All of these
840. Magistrate of the second class may try summarily any offence which is punishable –
(a) Only with fine
(b) With imprisonment for a term not exceeding six months with or without fine
(c) Any abetment of or attempt to commit any such offence
(d) All of these
842. Judicial Magistrate 2nd class can try any offence summarily, which is punishable with–
(a) 2 months
(b) 3 months
(c) 6 months
(d) 1 year
845. Procedure for summary trial is provided in which sections of the Cr. PC.?
(a) Sections 251 to 260
(b) Sections 238 to 250
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846. Which one of the following offences a Chief Judicial Magistrate cannot try in a summary way?
(a) Theft, where the value of the property does not exceed two thousand rupees
(b) Theft, where the value of the property stolen exceeds three thousands rupees
(c) A complaint made under Cattle Trespass Act
(d) Offences under Sections 454 and 456 of the Indian Penal Code
847. Which of the following sections of the Code of the Code of Criminal Procedure deals with
summary trials?
(a) Section 260
(b) Section 360
(c) Section 362
(d) Section 363
848. A magistrate can try an offence as summary trial if the offence alleged is punishable with
imprisonment not exceeding ................ .. .
(a) Six months
(b) One year
(c) Two years
(d) Three years
849. A magistrate can try summarily the offence of theft, under section 379, section 380 or section 381
of the Indian Penal Code where the value of the property stolen does not exceed
(a) Rs 100/-
(b) Rs 200/-
(c) Rs 1,000/-
(d) Rs 2,000/-
851. Normally in summary trials the procedure specified for the trial of ....... is followed.
(a) Summons case
(b) Warrant case
(c) Either (a) or (b)
(d) None of the above
852. What is the maximum sentence of imprisonment which can be imposed for an offence tried as
summary trial?
(a) Six months
(b) One year
(c) Two years
(d) Three months
PLEA BARGAINING
854. Provisions of chapter 21A CrPC not applicable to cases where the final report discloses
(i) Offences punishable for death
(ii) Offences punishable for imprisonment of life
(iii) Offences punishable for a term exceeding seven years imprisonment
(iv) Offense punishable for a term exceeding three years imprisonment
Which of the following is correct –?
(a) (i), (iii) and (iv)
(b) (ii), (iii) and (iv)
(c) (i), (ii) and (iii)
(d) (i), (ii) and (iv)
857. Who can participate in plea bargaining under section 265A of Cr. PC–
(a) The accused and victim
(b) The accused, victim, prosecution and investigation officer for mutual satisfactory disposition
(c) Only court
(d) None of the above
858. Who can file an application for plea-bargaining in the court in which an offence is pending for
trial?
(a) The public prosecutor
(b) The victim of the offence
(c) The investigating officer
(d) None of these
859. Provisions regarding „plea bargaining‟ are given under code of criminal procedure in –
(a) Chapter 21
(b) Chapter 21A
(c) Chapter 22
(d) Chapter 22A
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(c) Bargain for lesser punishment or release on probation on accepting the charge
(d) Plea for lesser punishment and dilution of the charge
863. What particulars the application for plea bargaining shall contain?
(a) Brief description of the case
(b) Affidavit sworn by the accused
(c) Accused has not previously been convicted in which he had been charged with the same
offence
(d) All of the above
864. If after hearing the parties, the court is of the view that section 360, criminal procedure code or the
provisions of the probation of offenders act, 1958, are attracted in case of the accused, under rule
section (b) of section 265(e), the court may–
(a) Release the accused on probation
(b) Sentence the accused to one-fourth of the punishment provided or extendable for such offence
(c) Sentence the accused to half of such minimum punishment
(d) Sentence the accused to the minimum punishment
865. Under section (d) of section 265E, if the courts finds that the offence committed by the accused is
neither such that benefit of probation should be given to the accused nor does if find minimum
punishment provided under the law for the offence committed by the accused, the court may–
(a) Release the accused on probation
(b) Sentence the accused to one-fourth of the punishment provided or extendable for such offence
(c) Sentence the accused to half of such minimum punishment
(d) Sentence the accused to the minimum punishment
866. Under section 265F of Cr. PC, the court shall deliver its judgment in–
(a) Open court and the same shall be signed by the presiding officer of the court
(b) Camera proceeding and the same shall be signed by the presiding officer of the court
(c) Either (a) or (b)
(d) None of these
867. “Plea Bargaining” a new chapter was added in Criminal Procedure Code, 1973 by the Criminal
Law Amendment Act, 2005 (2 of 2006) is contained in:
(a) Sections 265A to 265E
(b) Sections 265A to 265L
(c) Sections 265A to 265M
(d) Sections 265A to 265N
868. Chapter XXIA “Plea Bargaining” (containing sections 265A to 265L) of Cr PC came into force on:
(a) 5th July, 2006
(b) 16th April, 2006
(c) 23rd June, 2005
(d) 23rd June, 2006
869. The concept of plea bargaining was introduced in the Code of Criminal Procedure, 1973 by
(a) The Criminal Law (Amendment) Act, 2005
(b) The Code of Criminal Procedure (Amendment) Act, 2005
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(c) The Criminal Law (Amendment) Act, 2008
(d) The Code of Criminal Procedure (Amendment) Act, 2008.
870. Who among the following may file an application for plea bargaining?
(a) Accused
(b) Complainant
(c) Prosecutor
(d) None of the above
872. Plea Bargaining is applicable to offences other than an offence for which the punishment of death
or of imprisonment for life or of imprisonment for a term exceeding ....... .. years has been
provided.
(a) Seven years
(b) Five years
(c) Two years
(d) Three years
873. In a case the allegation is that the accused outraged the modesty of a woman under section 354 of
the Indian Penal Code. The accused files an application for plea bargaining. Decide
(a) Application may be allowed
(b) Application is not maintainable
(c) Application may or may not be allowed at the discretion of magistrate
(d) None of the above
874. In a case where the allegation is that the accused caused simple hurt to a boy aged 13 years. The
accused files an application for plea bargaining. Decide
(a) Application may be allowed
(b) Application is not maintainable
(c) Application may or may not be allowed at the discretion of magistrate
(d) None of the above
875. In which of the following cases, the plea bargaining has no application?
(a) Offences affecting the socio-economic condition of the country
(b) Offences committed against a woman
(c) Offences committed against a child below the age of fourteen years
(d) All of the above
876. Which of the following procedures is/are to be adopted by a magistrate while hearing an
application for plea bargaining?
(a) The court shall issue notice to the public prosecutor or the complainant of the case
(b) The court shall examine the accused in camera
(c) The court shall provide time to the public prosecutor or the complainant of the case, as the
case may be, and the accused to work out a mutually satisfactory disposition of the case which
may include giving to the victim by the accused the compensation and other expenses during
the case
(d) All of the above
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877. When an application for plea bargaining is filed in a police case, the court shall issue notice to
..............to participate in the meeting to work out a satisfactory disposition of the case.
(a) The Public Prosecutor
(b) The Police officer who has investigated the case
(c) The accused and the victim of the case
(d) All of the above
878. What is the maximum sentence which can be imposed by a court while allowing an application for
plea bargaining in case, where a minimum sentence is prescribed in the statute?
(a) Minimum sentence prescribed in the statute
(b) Half of such minimum sentence prescribed in the statute
(c) One-fourth of such minimum sentence prescribed in the statute
(d) None of the above
879. What is the maximum sentence which can be imposed by a court while allowing an application for
plea bargaining in case, where no minimum sentence is prescribed in the statute?
(a) Minimum sentence prescribed in the statute
(b) Half of such minimum sentence prescribed in the statute
(c) One-fourth of such minimum sentence prescribed in the statute
(d) None of the above
880. A statutory appeal may lie from an under section 265G of order passed the Code of Criminal
Procedure in a case, where plea bargaining is applied, to the
(a) Sessions Court
(b) High Court
(c) Supreme Court
(d) No appeal lies against the order
881. What is the remedy available to a person aggrieved by an order passed under section 265G of the
Code of Criminal Procedure, 1973?
(a) He may file an application under section 482 of the Code of Criminal Procedure
(b) He may file a writ petition under Article 226/227 of the Constitution
(c) He may file a special leave petition under Article 136 of the Constitution
(d) Either (b) or (c)
882. When a magistrate allows an application for plea bargaining, is he obliged to write the judgment?
(a) Yes
(b) No
(c) Depends
(d) None of the above
883. Under the criminal procedure code, examination of witness in the absence of accused can be done
under–
(a) Section 299
(b) Section 321
(c) Section 224
(d) Section 301
884. In what circumstances, evidence may be recorded in the absence of accused under section 299?
(a) If it is proved that an accused person has absconded and there is no immediate prospect of
arresting him
(b) If it appears that an offence punishable with death or life-imprisonment has been committed
by some unknown persons
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(c) Both (a) and (b)
(d) None of the above
886. Which of the following section of Cr. PC Provides for recording remarks respecting demeanors of
witness?
(a) Section 288
(b) Section 280
(c) Section 278
(d) Section 270
887. Under which of the following sections of the code of criminal procedure provides issue of
commission for the examination of the president or the vice-president of India as a witness?
(a) Section 286
(b) Section 284
(c) Section 287
(d) None of these
889. Reports of certain government scientific expert are admissible in evidence without any formal
proof, under–
(a) Section 291 of CrPC
(b) Section 293 of CrPC
(c) Section 295 of CrPC
(d) Section 296 of CrPC
890. The provision regarding „no formal proof of certain documents‟ is envisaged under section-
(a) 296 of CrPC
(b) 295 of CrPC
(c) 294 of CrPC
(d) 293 of CrPC
891. Which of the following section of Cr. PC Provided the provision in respect of „language of courts‟-
(a) Section 272
(b) Section 273
(c) Section 274
(d) Section 299
892. Match list-i with list-ii and select the correct answer using the code –
List I List II
A. Section 290 of CrPC 1. Evidence of officers of mint
B. Section 291 of CrPC 2. Deposition of medical witness
C. Section 292 of CrPC 3. Execution of foreign commission
D. Section 296 of CrPC 4. Evidence of formal character on affidavit
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Code:
A B C D
(a) 3 2 1 4
(b) 4 1 2 3
(c) 1 2 3 4
(d) 2 3 4 1
893. The provisions proving previous conviction is envisaged in which of the following sections of
Cr. PC.
(a) Section 296
(b) Section 297
(c) Section 298
(d) Section 299
894. Which of the following section determines the authorities before whom affidavits may be sworn?
(a) Section 297 Cr. P.C.
(b) Section 387 Cr. P.C.
(c) Section 280 Cr. P.C.
(d) Section 289 Cr. P.C.
895. The provision through which the commission to whom to be issued is given in:
(a) Section 265 Cr. P.C.
(b) Section 387 Cr. P.C.
(c) Section 280 Cr. P.C.
(d) Section 285 Cr. P.C.
896. Reports of certain Government scientific experts are admissible in evidence without any formal
proof, under:
(a) section 291 of Cr PC
(b) section 292 of Cr PC
(c) section 293 of Cr PC
(d) section 294 of Cr PC.
897. Examination of witnesses in the absence of the accused can be done, under:
(a) section 299 of Cr PC
(b) section 321 of Cr PC
(c) section 224 of Cr PC
(d) section 301 of Cr PC.
898. In criminal trial, admission denial of documents can be done by the prosecution or the accused:
(a) under section 294 of Cr PC
(b) under section 293 of Cr PC
(c) under section 295 of Cr PC
(d) under section 296 of Cr PC.
899. The provision for the execution of foreign commissions is given in:
(a) Section 290 Cr. P.C.
(b) Section 387 Cr. P.C.
(c) Section 280 Cr. P.C.
(d) Section 289 Cr. P.C.
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(c) Section 288 Cr. P.C.
(d) Section 289 Cr. P.C.
901. Which of the following section deals with the execution of commissions?
(a) Section 286 Cr. P.C.
(b) Section 387 Cr. P.C.
(c) Section 280 Cr. P.C.
(d) Section 289 Cr. P.C.
902. The provision by which a Magistrate may dispense with the attendance of witness and issue a
commission for the examination of the witness is given in:
(a) Section 265 Cr. P.C.
(b) Section 387 Cr. P.C.
(c) Section 284 Cr. P.C.
(d) Section 289 Cr. P.C.
904. The requirement of affidavit in proof of conduct of public servants is mentioned in:
(a) Section 265 Cr. P.C.
(b) Section 387 Cr. P.C.
(c) Section 295 Cr. P.C.
(d) Section 289 Cr. P.C.
905. Use of reports of certain Government scientific experts as evidence is given is dealt with under:
(a) Section 293 Cr. P.C.
(b) Section 387 Cr. P.C.
(c) Section 280 Cr. P.C.
(d) Section 289 Cr. P.C.
906. Evidence of each witness shall, as his examination proceeds, be taken down in writing
(a) by the magistrate himself
(b) by his dictation in open court
(c) by an officer of the court appointed by magistrate, where he is unable to do so owing to a
physical or other incapacity, under his direction and superintendence
(d) Either (a), (b) or (c)
907. Evidence of la witness under section 275 of the Code of Criminal Procedure may also be recorded
by audio-video electronic means in a
(a) Summons case
(b) Warrant case
(c) Both (a) and (b)
(d) None of the above
908. The provision enabling the recording of evidence by audio-video electronic means was introduced
by
(a) The Code of Criminal Procedure (Amendment) Act, 2003
(b) The Code of Criminal Procedure (Amendment) Act, 2005
(c) The Code of Criminal Procedure (Amendment) Act, 2008
(d) The Code of Criminal Procedure (Amendment) Act, 2010
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909. Which of the following is true and correct regarding the language of record of evidence?
(a) If the witness gives evidence in the language of the court, it shall be taken down in that
language
(b) If the witness gives evidence in any other language, it may, if practicable, be taken down in
that language, and if it is not practicable to do so, true translation of the evidence in the
language of the court shall be prepared as the examination of the witness proceeds, signed by
the magistrate or presiding judge, and shall form part of the record
(c) Where evidence is taken down in a language other than the language of the court, a true
translation thereof in the language of the Court shall be prepared as soon as practicable,
signed by the magistrate or presiding Judge, and shall form part of the record
(d) All of the above
910. Can a witness refuse to sign the deposition if it is not read over to him?
(a) Yes
(b) No
(c) Depends
(d) None of the above
911. In which of the following cases, the Supreme Court held that section 278 is not intended to permit
a witness to resile from his statement in the name of correction?
(a) Mir Mohd Omar v State of West Bengal
(b) Pappu v State of MP
(c) State of MP v Ghanashyam Singh
(d) None of the above
912. In which of the following cases, the Supreme Court upheld the validity of recording of evidence
through video conferencing?
(a) Afzal guru v NCT
(b) Ajmal Kasab v State
(c) State of Maharashtra v Praful P Desai
(d) None of the above
913. The Supreme Court of ……………. In the case of Maryland v Santra Aun Craig, has held that
recording of evidence by video-conferencing was t a violation of the Sixth Amendment
(commission clause).
(a) USA
(b) UK
(c) Australia
(d) None of the above
915. In which of the following cases, the Supreme Court applied the principle of updating construction
enunciated by Francis Bennion?
(a) Basavaraj R Patil v State of Karnataka, 2000 (8) SCC 740
(b) SIL Import USA v Exim Aides Silk Exporters, 1999 (4) SCC 567
(c) State of Maharashtra v Praful P Desai, AIR 2003 SC 2053
(d) All of the above
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916. Which of the following statements is/ are true regarding the interpretation of evidence?
(a) Whenever any evidence is given in a language not understood by the accused, and he is
present in court in person, it shall be interpreted to him in open court in a language understood
by him
(b) If he appears by pleader and the evidence is given in a language other than the language of the
court, and not understood by the pleader, it shall be interpreted to such pleader in that
language
(c) When documents are put for the purpose of formal proof, it shall be in the discretion of the
court to interpret as much thereof as appears necessary
(d) All of the above
917. When a presiding judge or magistrate has recorded the evidence of a witness, he shall also record
such remarks (if any) as he thinks material respecting the .............. .. of such witness whilst under
examination.
(a) Conduct
(b) Demeanour
(c) Reliability
(d) None of the above
918. Whenever, in the course of any inquiry, trial or other proceeding under the Code of Criminal
Procedure, it appears to a court or magistrate that the examination of a witness is necessary for the
ends of justice, and that the attendance of such witness cannot be procured without an amount of
delay, expense or inconvenience which, under the circumstances of the case, would be
unreasonable, the court or magistrate may.
(a) Give up the witness
(b) Allow him to file evidence by affidavit
(c) Dispense with such attendance and may issue a commission for the examination of the
witness
(d) None of the above
919. Who among the following may not be examined by issuing a commission as per the proviso to
section 284 of the Code of Criminal Procedure?
(a) President and Vice-President of India
(b) Governor of a State or Administrator of a Union Territory
(c) Prime Minister of India
(d) All of the above
920. The court may, when issuing a commission for the examination of a witness for the prosecution,
direct that such amount as the court considers reasonable to meet the expenses of the accused,
including the pleader‟s fees, be paid by the
(a) Prosecution
(b) Accused
(c) Either (a) or (b) as per the discretion of the court
(d) None of the above
921. Where any expert is summoned by a court and he is unable to attend personally, can he depute any
responsible officer working with him to attend the court, if such officer is conversant with the facts
of the case and can satisfactorily depose in court on his behalf?
(a) Yes, unless the court has expressly directed him to appear personally
(b) No
(c) Depends
(d) None of the above
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922. Section 293 of the Code of Criminal Procedure a lies to which of the following Government
scientific experts?
(a) Any Chemical Examiner or Assistant Chemical Examiner to Government
(b) Chief Controller of Explosives
(c) Director of the Finger Print Bureau
(d) All of the above
923. In any inquiry, trial or other proceeding, a previous conviction or acquittal may be proved, m
addition to any other mode provided by any law for the time being in force,
(a) By an extract certified under the hand of the officer having the custody of the records of the
court in which such conviction or acquittal was held, to be a copy of the sentence or order
(b) In case of a conviction, either by a certificate signed by the officer in charge of the jail in
which the punishment or any part thereof was undergone, or by production of the warrant of
commitment under which the punishment was suffered
(c) Either (a) or b)
(d) None of the above
924. „A‟,‟B‟ and „C‟ are charged for robbery and after trial convicted by 1 st class Magistrate, thereafter
whether for the same fact they can be charged and tried for dacoity:
(a) Yes
(b) No
(c) Barred under Section 300 Cr. PC.
(d) There will be illegality
925. A person accused of an offence before a criminal court can be called upon to give evidence on
oath:
(a) Upon a request in writing from the public prosecutor
(b) By an application made by the complainant
(c) By a direction of the court
(d) By the accused, on his own request in writing
926. Which section of criminal procedure code provides that, the public prosecutor in charge of a case
may, with the consent of the court at any time before the judgment is pronounced withdraw from
the prosecution of any person in respect of any offence for which he is tried-
(a) Section 304
(b) Section 306
(c) Section 321
(d) Section 313
928. Which of the following statements is/are correct in respect of section 313 of Cr. PC
(a) In a summon case where the, court has dispensed with the personal attendance of the accused
(b) Court may also dispense with his examination
(c) Both (a) and (b)
(d) Only (a)
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929. Under section 311 of Cr. PC a witness can be called
(a) On the motion of the prosecution
(b) On the motion of the defence
(c) On its own motion by the court
(d) All of these
930. When the person competent to compound an offence under section 320 Cr. PC is dead, then
(a) The offence cannot be compounded
(b) The offence can be compounded by the prosecutor
(c) Legal representative of such person can compound the offence with the consent of the court
(d) None of the above
931. Pardon may be tendered to an accomplice under section 306 Cr. PC when
(a) He is not in a position to stand trial due to infirm health.
(b) When he is declared insane.
(c) He undertakes to make full and true disclosure of the facts relating to the offence
(d) All of the above
933. Whenever a magistrate is of opinion, after hearing the evidence for prosecution and the accused,
that the accused is guilty, and that he ought to receive a severe punishment than such magistrate is
empowered to inflict , the magistrate may forward the case to-
(a) Session judge
(b) Chief judicial magistrate
(c) District magistrate
(d) Concerned police station
934. Whether in an offence of theft, punishable under section 379, Indian penal code, it can be
compounded?
(a) With permission of the court
(b) Without the permission of the court.
(c) Offence of theft is not compoundable
(d) With permission of the high court.
935. There was a wandering, who had neither owner nor manager, „A‟, a city bus-driver, while driving
his bus at a very high speed, and rashly and negligently, caused the offence of mischief by
maiming it. Who is entitled to compound the offence?
(a) Competent court
(b) Municipality
(c) For the mischief caused on a wandering or (without its owner), no person can compound the
offence
(d) None of the above.
936. „A‟ was tried for voluntarily causing grievous hurt to „B‟ and he „A‟ was convicted. Thereafter „B‟
dies. Whether „A‟ may be trial again?
(a) „A‟ cannot be tried again for the culpable homicide of „B‟
(b) „A‟ can be tried again for the culpable homicide of „B‟
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(c) „A‟ cannot be tried again for culpable homicide or murder
(d) None of the above
937. Under which section of the criminal procedure code, it has been provided that any person accused
of an offence or against whom proceedings are instituted in a criminal court has a right to be
defended by a pleader of his choice?
(a) Section 300
(b) Section 302
(c) Section 303
(d) Section 304
938. What subject matter has been enshrined under section 304, criminal procedure code?
(a) Person once convicted or acquitted shall not be tried again for the same offence.
(b) Legal aid to accused at the state expense
(c) Legal right of the person accused of or against whom proceedings are initiated to be defended
(d) Tender of pardon to accomplice.
939. Under section 311-A criminal procedure code who has been empowered to order any person
(including the accused person) to give his specimen signatures and handwritings for the purpose of
any investigation or proceedings?
(a) Session judge
(b) Judicial magistrate of the first class
(c) District magistrate
(d) Executive magistrate, specially empowered by the state government
940. An order shall be made under section 311A of code of criminal procedure 1973
(a) To the person who, has at some time been arrested in connection with such investigation or
proceeding
(b) To any person even who is not connected with such investigation or proceeding.
(c) To the investigating officer for given specimen sign
(d) None of the above
941. A magistrate after commencement of inquiry or trial, commits the case to COS (Court of Session),
if-
(a) It appears to him at any stage of the proceedings before signing judgment that the case is one
which ought to be tried by the court of session.
(b) It appears to him only at initial stage of the proceedings before signing judgment that the case
is one which ought to be tried by the court of session.
(c) Either (a) or (b)
(d) No such provision provided under CrPC
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944. Offences of Indian penal code other than those mentioned in section 320 of criminal procedure
code are-
(a) Non compoundable
(b) Compoundable with the permission of court
(c) Compoundable by the court of sessions
(d) Compoundable by the high court
945. Offences in which a compromise can be arrived between the parties are-
(a) Bailable offence
(b) Non-cognizable offences
(c) Compoundable offences
(d) Non compoundable offences
946. Which section the Cr. P.C. provides that a person once convicted or acquitted cannot be tried again
for the same offence?
(a) Section 304
(b) Section 300
(c) Section 321
(d) Section 302
947. Under Section 308 of the Criminal Procedure, 1973, an accomplice, who does not comply with the
conditions of pardon, may be prosecuted and tried separately for the offence of giving false
evidence, but with the sanction of the
(a) Sessions Court
(b) High Court
(c) State Government
(d) Chief Justice of High Court
949. Under Section 313 of the Cr. P.C., the statement of the accused has to be taken by the Court
(a) On Oath
(b) Not on Oath
(c) Either on Oath or without Oath as per discretion of the Court
(d) Either on Oath or without Oath as per discretion depending on whether the case is summons
trial or warrant trial
950. Who among the following may withdraw prosecution of any person at any time before the
Judgment is pronounced?
(a) The State Government
(b) The Public Prosecutor
(c) The aggrieved person
(d) The writer of F.I.R.
951. For the application of section 300 of the Code of Criminal Procedure, 1973 it is not necessary-
(a) That there must have been a previous trial of the accused
(b) For the accused to be acquitted in the previous trial
(c) For the previous proceedings to have been for an offence
(d) For the second trial to be for the same offence
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952. Under Section 320(1) Cr. P.C. for defamation against the President or the Vice-President or the
Governor of a State or the Administrator of a Union territory or a Minister in respect of his public
functions when instituted upon a complaint made by the Public Prosecutor, which section of IPC is
applicable?
(a) 501
(b) 500
(c) 506
(d) 508
953. Under Section 320(1) Cr. P.C. for cheating and dishonestly inducing delivery or property or the
making, alteration or destruction of a valuable security, which section of IPC is applicable?
(a) 422
(b) 416
(c) 418
(d) 420
954. Under Section 320(1) Cr. P.C. theft, by clerk or servant of property in possession of master for
which section of IPC is applicable?
(a) 386
(b) 384
(c) 380
(d) 381
955. Under Section 320(1) Cr. P.C. for assault or criminal force in attempting wrongfully to confine a
person which section of IPC is applicable?
(a) 351
(b) 352
(c) 357
(d) 358
956. Under Section 320(1) Cr. P.C. for using a false trade or property mark, which section of IPC is
applicable?
(a) 483
(b) 455
(c) 488
(d) 482
957. Under Section 320(1) Cr. P.C. for house-trespass to commit an offence (other than theft)
punishable with imprisonment, which section of IPC is applicable?
(a) 441
(b) 448
(c) 451
(d) 450
958. Under Section 320(1) Cr. P.C. for house-trespass, which section of IPC is applicable?
(a) 455
(b) 446
(c) 448
(d) 442
959. Under Section 320(1) Cr. P.C. for criminal trespass, which section of IPC is applicable?
(a) 442
(b) 447
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(c) 448
(d) 446
960. Under Section 320(1) Cr. P.C. for adultery, which section of IPC is applicable?
(a) 490
(b) 468
(c) 495
(d) 497
961. Under Section 320(1) Cr. P.C. for knowingly selling, or exposing or possessing for sale or for
manufacturing purpose, goods marked with a counterfeit property mark, which section of IPC is
applicable?
(a) 480
(b) 486
(c) 482
(d) 488
962. Which of the following provides for the right of person against whom proceedings are instituted to
be defended?
(a) Section 265 Cr. P.C.
(b) Section 387 Cr. P.C.
(c) Section 303 Cr. P.C.
(d) Section 289 Cr. P.C.
963. Under Section 320(1) Cr. P.C. for dishonest misappropriation of property, which section of IPC is
applicable?
(a) 404
(b) 402
(c) 401
(d) 403
964. Under Section 320(1) Cr. P.C. for assault or use of criminal force, which section of IPC is
applicable?
(a) 351,356, 342
(b) 352, 355, 358
(c) 342, 346, 325
(d) 355,352,353
965. Under Section 320(1) Cr. P.C. for wrongfully confining a person for ten days or more, which
section of IPC is applicable?
(a) 348
(b) 340
(c) 342
(d) 344
967. Under Section 320(1) Cr. P.C. for cheating, which section of IPC is applicable?
(a) 411
(b) 412
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(c) 413
(d) 417
968. Under Section 320(1) Cr. P.C. for uttering words or sounds or making gestures or exhibiting any
object intending to insult the modesty of a woman or intruding upon the privacy of a woman,
which section of IPC is applicable?
(a) 504
(b) 502
(c) 509
(d) 511
969. Under Section 320(1) Cr. P.C. for defamation against the President or the Vice-President or the
Governor of a State or the Administrator of a Union territory or a Minister in respect of his public
functions when instituted upon a complaint made by the Public Prosecutor, which section of IPC is
applicable?
(a) 501
(b) 500
(c) 506
(d) 508
970. Rule autre for‟s aquit or autre for‟s commit is contained in:
(a) section 321 of Cr PC
(b) section 320 of Cr PC
(c) section 300 of Cr PC
(d) Section 298 of Cr PC.
974. Within the meaning of section 311A of Cr PC who among the following authorities has power to
order person to give specimen signature or handwriting:
(a) Magistrate of First Class
(b) Magistrate of Second class
(c) Sessions Judge
(d) any Magistrate.
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975. The offence committed under which section of IPC is not compoundable under section 320 of
CrPC:
(a) Section 352
(b) Section 353
(c) Section 354
(d) Section 355
976. The powers of Magistrate to order person to give specimen signatures or handwriting has been
inserted by Criminal Procedure (Amendment) Act, 2005 (25 of 2005) under:
(a) section 310A
(b) section 311A
(c) section 312A
(d) section 313A.
977. Under Section 320(1) Cr. P.C. theft, by clerk or servant of property in possession of master for
which section of IPC is applicable?
(a) 386
(b) 384
(c) 380
(d) 381
978. Under Section 320(1) Cr. P.C. for using a false trade or property mark, which section of IPC is
applicable?
(a) 483
(b) 455
(c) 488
(d) 482
979. Power to summon material witness, or examine person present is provisioned under:
(a) Section 265 Cr. P.C.
(b) Section 387 Cr. P.C.
(c) Section 311 Cr. P.C.
(d) Section 289 Cr. P.C.
980. Under Section 320 (1) Cr. P.C. for mischief by killing or maiming cattle etc. which section of IPC
is applicable?
(a) 428
(b) 422
(c) 429
(d) 426
982. Under Section 320(1) Cr. P.C. for mischief, when the only loss or damage caused is loss or
damage to a private person, which section of IPC is applicable?
(a) 425, 424
(b) 426,427
(c) 423, 425
(d) 426,428
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983. Under Section 320(1) Cr. P.C. for fraudulent execution of deed of transfer containing false
statement of consideration, which section of IPC is applicable?
(a) 414
(b) 415
(c) 420
(d) 423
984. For granting pardon under section 306 of the Code of Criminal Procedure, 1973-
(a) The witness must not be directly involved in the offence
(b) The accused should have been given an opportunity to cross examine the person getting
pardon
(c) The person getting pardon need not be in police custody
(d) The offence should not be punishable with imprisonment exceeding 10 years
985. Under Section 320(1) Cr. P.C. for fraudulent removal or concealment of property, etc., to prevent
distribution among creditors, which section of IPC is applicable?
(a) 420
(b) 421
(c) 424
(d) 425
987. An order under section 319 of the Code of Criminal Procedure, 1973-
(a) Can only be made on the request of the first informant or one of the witness
(b) Cannot be passed unless at least one prosecution witness has been examined
(c) Cannot be made suo motu
(d) Is an administrative order
988. Compounding an offence under section 320 of the Code of Criminal Procedure, 1973-
(a) Can only be done after obtaining the permission from the Court
(b) Can only be done by the complainant
(c) Cannot result in acquittal of the accused
(d) None of these
989. The doctrine of „autrefois acquit and autrefois convict‟ is incorporated in section ................ ..of the
Code of Criminal Procedure.
(a) 300
(b) 301
(c) 302
(d) 303
990. A is tried for causing grievous hurt and convicted. The person injured afterwards dies.
(a) A may be tried again for culpable homicide
(b) A may not be tried again for culpable homicide
(c) Depends
(d) None of the above
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991. Is the DNA finger print expert report issued by DNA Finger Printing and Diagnostic Centre,
Hyderabad admissible in evidence without the examination of an expert?
(a) Yes
(b) No
(c) Depends
(d) None of the above
992. Accused, being the occupier and manager of a factory are alleged to have failed to securely fence
the transmission machinery and therefore the deceased Smt Gowramma, who came into contact
with it sustained fatal injuries and died. Accused were tried and acquitted under section 304A of
the Indian Penal Code. Thereafter, another complaint was filed for the contravention of section
21(1)(iv)(b) of the Factories Act which is punishable under section 92 of the said Act based on the
same set of facts. Decide.
(a) The complaint is maintainable
(b) The complaint is not maintainable
(c) Depends
(d) None of the above
993. Section 300 of the Code of Criminal Procedure has further widened the protective wings by
debarring a second trial against the same accused on the same facts even for a different offence if a
different charge against him for such offence could have been made under section 222(1) of CrPC
or he could have been convicted for such offence under section 221(2). This was held in
(a) Kalpanath Rai v State
(b) State v Nalini
(c) Balasaheb v Venkat
(d) None of the above
994. A person who has once been tried by a court of competent jurisdiction for an offence and
convicted or acquitted of such offence shall, while such conviction or acquittal remains in force,
not be liable to be tried again
(a) For the same offence
(b) On the same facts for any other offence for which a different charge from the one made
against him might have been made under sub-section (1) of section 221 of CrPC, or for which
he might have been convicted under sub-section (2) thereof
(c) Either (a) or (b)
(d) None of the above
995. A person convicted of any offence constituted by any act causing consequences which, together
with such act, constituted a different offence from that of which he was convicted, may be
afterwards tried for such last-mentioned offence
(a) If the consequences had not happened
(b) If the consequences were not known to the court to have happened, at the time when he was
convicted
(c) Either (a) or (b)
(d) None of the above
996. Can a person acquitted or convicted of any offence constituted by any acts be subsequently
charged with, and tried for, any other offence constituted by the same acts which he may have
committed if the court by which he was first tried was not competent to try the offence with which
he is subsequently charged?
(a) Yes
(b) No
(c) Depends
(d) None of the above
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997. As mentioned in section 300(5) of the Code of Criminal Procedure, a person discharged under
section ....... .. shall not be tried again for the same offence except with the consent of the court by
which he was discharged or of any other court to which the first mentioned court is subordinate.
(a) 258
(b) 239
(c) 245
(d) All of the above
998. Which of the following is not an acquittal for the purposes of section 300 of the Code of Criminal
Procedure?
(a) Dismissal of a complaint
(b) Discharge of the accused
(c) Both (a) and (b)
(d) None of the above
999. The Accused was working as a Junior Telecom Officer in Shankarapuram Telecom Exchange. One
R Veera Prathap made a complaint that he had demanded an illegal gratification for showing
official favour whereupon a case in Crime No RC 34A of 1994 was registered. A charge sheet was
filed therein and the Special Judge for CBI cases, Bangalore by an order dated 16-7-1999 took
cognizance of an offence under section 7 of the Prevention of Corruption Act, 1988. He was
acquitted on the ground that he was prosecuted without a valid sanction. A fresh complainant with
a valid sanction is
(a) Maintainable
(b) Hit by section 300 of CrPC
(c) A second complaint on the same facts is not maintainable
(d) None of the above
1000. Which of the following essential conditions must be satisfied for invoking the bar under section
300 of the Code of Criminal Procedure?
(a) The court had requisite jurisdiction to take cognizance and tried the accused
(b) The court has recorded an order of conviction or acquittal
(c) An acquittal or conviction remain in force
(d) All of the above
1001. In which of the following cases, the constitution bench of the Supreme Court held that „whole basis
of the section 300 of CrPC (Old 403) was that the first trial should have been before a court
competent to hear and determine the case and to record a verdict of conviction or acquittal; if the
court was not so competent, as for example where the required sanction for the prosecution was
not obtained, it was irrelevant that it was competent to try other cases of the same class or indeed
the case against the particular accused in different circumstances, for example if a sanction had
been obtained‟?
(a) Baij Nath Prasad Tripathi v State
(b) Kathikalu v State
(c) Ramachandra Rao v State
(d) None of the above
1002. Proceedings under the NDPS Act initiated against accused were quashed by the High Court on the
ground that the accused was charge sheeted by an officer not authorised by law. Subsequently, it
was filed by an officer authorised by law. Fresh proceedings are
(a) Maintainable
(b) Hit by section 300 of CrPC
(c) A second complaint on the same facts is not maintainable
(d) None of the above
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1003. Can the accused who was already convicted under section 138 of the Negotiable Instruments Act,
1881 be again tried or punished on the same facts under section 420 or any other provision of the
Indian Penal Code or any other statute?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1004. In which of the following cases, the Supreme Court held that the provisions contained in sections
24, 24A and 26 of the Chartered Accountants Act, 1949 do not operate as a bar against the
prosecution of a person who is charged with the allegations which constitute an offence or offences
under other laws including the Indian Penal Code?
(a) Liberty India v CIT
(b) Institute of Chartered Accountants of India v Vimal Kumar Surana
(c) ONGC v CIT
(d) None of the above
1005. Section 300 of the Code of Criminal Procedure is based on the maxim
(a) Nemo debet bis vexari pro una et eadem causa
(b) Ubijus ibi remedium
(c) Discretio est discernere per legum quid sit justum ‟
(d) None of the above
1006. Can an accused be simultaneously prosecuted under section 177 of the Indian Penal Code and for
violation of section 52 of the Income Tax Act, 1922?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1008. In which of the following cases, the Supreme Court held that „a person who is aggrieved by the
offence committed, is not altogether wiped out from the scenario of the trial merely because the
investigation was taken over by the police and the charge sheet was laid by them. Even the fact
that the court had taken cognizance of the offence is not sufficient to debar him from reaching the
court for ventilating his grievance. Even in the Sessions Court, where the Public Prosecutor is the
only authority empowered to conduct the prosecution as per section 225 of the Code, a private
person who is aggrieved by the offence involved in the case is not altogether debarred from
participating in the trial‟?
(a) J K International v State
(b) T C Mathai v District and Sessions Judge
(c) Shivkumar v Hukum chand
(d) None of the above
1009. Which of the following cases can be conducted only by a public prosecutor and not by any counsel
engaged by any aggrieved private party?
(a) Warrant case
(b) Sessions case
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(c) In all cases instituted on police report
(d) None of the above
1011. A filed a private complaint against B alleging commission of an offence under section 376 of the
Indian Penal Code. The magistrate after completing the formalities committed the case to the
session‟s court. In the sessions court A filed petition through the public prosecutor that he is
willing to appoint X, a senior lawyer as his counsel and the same may be permitted. The public
prosecutor submitted that he had no objection in allowing X to conduct the prosecution. Decide
(a) Petition may be allowed in view of section 302(1) of CrPC
(b) Petition is liable to be dismissed in view of section 301(2) of CrPC
(c) Petition may be or may not be allowed according to the discretion of court
(d) None of the above
1013. In which of the following cases, the Supreme Court held that „from the scheme of the Code the
legislative intention is manifestly clear that prosecution in a Sessions Court cannot be conducted
by anyone other than the Public Prosecutor. The legislature reminds the State that the policy must
strictly conform to fairness in the trial of an accused in a Sessions Court. A Public Prosecutor is
not expected to show a thirst to reach the case in the conviction of the accused somehow or the
other irrespective of the true facts involved in the case. The expected attitude of the Public
Prosecutor while conducting prosecution must be couched in fairness not only to the court and to
the investigating agencies but to the accused as well. If an accused is entitled to any legitimate
benefit during trial the Public Prosecutor should not scuttle/conceal it. On the contrary, it is the
duty of the Public Prosecutor to winch it to the fore and make it available to the accused. Even if
the defence counsel overlooked it, the Public Prosecutor has the added responsibility to bring it to
the notice of the court if it comes to his knowledge. A private counsel, if allowed a free hand to
conduct prosecution would focus on bringing the case to conviction even if it is not a fit case to be
so convicted. That is the reason why Parliament applied a bridle on him and subjected his role
strictly to the instructions given by the Public Prosecutor‟?
(a) J K International v State
(b) Balakrishna Pillai v State
(c) Shivkumar v Hukum Chand
(d) None of the above
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1014. In which of the following cases, the Supreme Court held that an application under section 302 of
the Code of Criminal Procedure to continue the prosecution must be filed by the heirs of the
deceased complainant and not by his power of attorney holder?
(a) J K International v State
(b) T C Mathai v District and Sessions Judge
(c) Jimmy Jahangir Madan v Bolly Cariyappa Hindley
(d) None of the above
1015. Which of the following sections of the Code of Criminal Procedure deals with right of person
against whom proceedings are instituted to be defended?
(a) Section 301
(b) Section 302
(c) Section 303
(d) Section 304
1016. In which of the following cases, the Supreme Court held that the right to legal aid is a fundamental
right flowing from Article 21 of the Constitution of India?
(a) State of UP v Johri Mal
(b) State of UP v Amarmani Tripathi
(c) M H Hoskot v State of Maharashtra
(d) None of the above
1017. Provisions of section 304 of the Code of Criminal Procedure applies only when in a trial before
...............the accused is not represented by a pleader and it appears that he does not have sufficient
means to engage a pleader.
(a) Any Court
(b) Court of Session
(c) High Court
(d) None of the above
1018. Which of the following sections of the Code of Criminal Procedure deals with the procedure when
a corporation or „registered society is the accused?
(a) Section 305
(b) Section 306
(c) Section 307
(d) Section 308
1019. Who among the following may tender pardon to an accused during the stage of investigation?
(a) Any magistrate inquiring or trying the offence
(b) Chief Judicial Magistrate
(c) Metropolitan Magistrate
(d) Either (b) or (c)
1020. A magistrate inquiring or trying the offence may tender pardon to an accused during the stage of
(a) Investigation
(b) Inquiry
(c) Trial
(d) Either (b) or (c)
1021. In which of the following cases, an accused may be tendered pardon on condition of his making a
full and true disclosure of the whole of the circumstances within his knowledge relative to the
offence and to every other person concerned.
(a) Any offence
(b) Any offence triable exclusively by the Court of Session
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(c) Any offence punishable with imprisonment which may extend to seven years or with a more
severe sentence
(d) Either (b) or (c)
1022. Every person accepting a tender of pardon made under sub-section (1) of section 306 of the Code
of Criminal Procedure shall be examined as a witness,
(a) in the court of the magistrate taking cognizance of the offence
(b) in the subsequent trial, if any
(c) Both (a) and (b)
(d) None of the above
1023. Every person accepting a tender of pardon made under sub-section (l) of section 306 of the Code of
Criminal Procedure
(a) Shall, unless he is already on bail be released on bail
(b) Shall, unless he is already on bail, be detained in custody until the termination of the trial
(c) Either (a) or (b)
(d) None of the above
1024. A case where a person has accepted a tender of pardon made under sub- section (1) and has been
examined under sub-section (4) of section 306 of the Code of Criminal Procedure by the
magistrate taking cognizance of the offence, it shall be committed for trial to the .................. ..if it
is case triable by a magistrate.
(a) Court of Session
(b) Magistrate who examined the accused as a witness
(c) Chief Judicial Magistrate
(d) None of the above
1026. When pardon is tendered to an accused in one of the similar cases tried together, can his evidence
be used against him in other cases?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1028. The object of requiring an approver (who is not on bail) to continue to remain in custody until the
termination of the trial is
(a) To punish the approver for having agreed to give evidence for the State
(b) To protect him from the wrath of the confederates whom he has chosen to expose
(c) To prevent him from the temptation of saving his erstwhile friends and companions by turning
hostile to the prosecution; and
(d) To secure his presence to await the judgment of the law
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Which of the following are correct?
(a) (i) and (ii) only
(b) (i), (ii) and (iii) only
(c) (ii), (iii) and (iv) only
(d) (i), (ii), (iii) and (iv)
1030. Power to direct tender of pardon under section 307 of the Code of Criminal Procedure is available
to
(a) Any magistrate
(b) The committal court
(c) The trial court
(b) None of the above
1031. Section 307 of the Code of Criminal Procedure would be applicable after commitment of the case
but before the
(a) Judgment is pronounced
(b) Evidence is closed
(c) Examination of accused
(d) None of the above
1032. Can an accused cross examine the accomplice as a matter of right, when he is examined as a
witness as provided under section 306(4) of the Code of Criminal Procedure?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1033. The procedural difference between section 306 and 307 of the Code of Criminal Procedure is well
explained by the Supreme Court in
(a) Anant Chintaman Lalu v State
(b) Randhir Basu v State
(c) Narayan Chetanram Chaudhary vState
(d) None of the above
1034. Who among the following is the authority to certify that the accomplice accepted the pardon
willfully concealing anything essential or by giving false evidence, not complied with the
condition on which the tender was made?
(a) Trial court
(b) Public Prosecutor
(c) Co-accused
(d) None of the above
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1036. A person, not complying with the condition of pardon shall not be tried for the offence of giving
false evidence except with the sanction of the
(a) Trial court
(b) Public Prosecutor
(c) High Court
(d) None of the above
1037. Can section 195 or section 340 of the Code of Criminal Procedure be invoked against a person, not
complying with the condition of pardon?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1038. Can a statement made by a person accepting the tender of pardon and recorded by a magistrate
under section 164 or by a court under sub- section (4) of section 306 be given in evidence against
him at his trial at the event of his not complying with the condition of pardon?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1039. The approver did not implicate any of the accused. The approver himself had admitted that he had
bribed the police many times and saved accused from the clutches of law. The public prosecutor
did not take any step to proceed against the approver. Can the High court invoke its inherent
powers to proceed against the approver since he is willfully suppressing material facts or is giving
false evidence?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1040. Which of the following sections of the Code of Criminal Procedure is the only provision which
confers power on the trial court for granting adjournments in criminal proceedings?
(a) Section 309
(b) Section 310
(c) Section 311
(d) Section 312
1041. When the inquiry or trial relates to an offence under section 376 to 376-D of 1 the Indian Penal
Code, the inquiry or trial shall as far as possible be completed within a period of ......Months from
the date of commencement of the examination of witnesses.
(a) 2
(b) 3
(c) 4
(d) 5
1042. After taking cognizance of the offence, an accused may be remanded to custody under section........
..Of the Code of Criminal Procedure, 1973.
(a) 167(1)
(b) 167(5)
(c) 309(2)
(d) Any one of the above
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1043. Custody under section 309(2) of the Code of Criminal Procedure, 1973 is
(a) Judicial custody
(b) Police custody
(c) Police custody during first 15 days, judicial custody after that
(d) Either police custody or judicial custody
1044. The magistrate shall remand an accused person to custody under section 309(2) of the Code of
Criminal Procedure, 1973, for a term not exceeding .... .. days at a time.
(a) 7
(b) 14
(c) 15
(d) 30
1045. What is the maximum period of remand which can be ordered under section 309(2) of the Code of
Criminal Procedure„?
(a) 30
(b) 60
(c) 90
(d) None of the above
1046. In which of the following cases, the Supreme Court held that the trial of cases involving communal
violence or riots should he held expeditiously?
(a) NHRC v State of Gujarat
(b) Rubabudeen Sheikh v State of Gujarat
(c) Babubhai v State of Gujarat
(d) None of the above
1048. The constitutional validity of section 344 of the Code of Criminal Procedure, 1898 (which
corresponds to section 309 of the Code of Criminal Procedure, 1973) was upheld by the Supreme
Court in
(a) Raj Narain v Supdt Central Jail
(b) Lakshman Rao v JFMC, Parvatipuram
(c) Khatri and others v State
(d) None of the above
1049. „Witnesses tremble on getting summons from courts, in India, not because they fear examination or
cross examination in courts but because of the fear that they might not be examined at all for
several days and on all such days they would be nailed to the precincts of the courts awaiting their
chance of being examined. The witnesses, perforce, aside their avocation and go to the courts and
wait and wait for hours to be told at the end of the day to come again and wait and wait like that.
This is the infelicitous scenario in many of the courts in India so far as witnesses are concerned. It
is high time that trial courts should regard witnesses as guests invited (through summons) for
helping such courts with their testimony for reaching judicial findings. But the malady is that the
predicament of the witnesses is worse than the litigants themselves. This case demonstrates the
agony and ordeal suffered by witnesses who attended a sessions court on several days yet they
were not examined in full. The party who succeeded in dodging examination of such witnesses
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finally enjoyed the benefit when the sessions court acquitted them for want of evidence. The only
casualty in the aforesaid process is criminal justice‟. This was held by Justice Thomas in
(a) State of UP v Shambhu Nath Singh
(b) Raj Deo Sharma v State
(c) Common Cause v Union of India
(d) None of the above
1050. Can a court remand the accused on the ground that he was not ready to examine a witness, present
and seeking adjournment without any sufficient reason?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1051. In which of the following cases, the Supreme Court held that with the change of an investigating
authority, police custody of the accused on remand can be sought under section 309(2) of the Code
of Criminal Procedure, although cognizance of the offence had already been taken?
(a) Mitha Bhai Patel v State of Gujarat
(b) CBI v Anupam J Kulkarni
(c) Rama Chaudhary v State of Bihar
(d) None of the above
1052. In a case the trial court framed charges under section 302 read with section 34 of the Indian Penal
Code in the alternative section 302 read with section 120B of IPC. The trial court convicted the
accused under section 302 read with section 120B of IPC. In appeal, the High Court modified the
conviction to one under section 302 read with section 34 of IPC. Decide
(a) The conviction is legal
(b) The conviction is not legal since there was a deemed acquittal by the trial Court under section
302 read with section 34 of IPC
(c) Depends
(d) None of the above
1053. Is it open to the appellate court to call upon the counsel for the accused to show what explanation
the accused has as regards the circumstances established against him but not put to him?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1054. „It is also open to the appellate court to call upon the counsel for the accused to show what
explanation the accused has as regards the circumstances established against him but not put to
him and if the accused is unable to offer the appellate court any plausible or reasonable explanation
of such circumstances, the court may assume that no acceptable answer exists and that even if the
accused had been questioned at the proper time in the trial court he would not have been able to
furnish any good ground to get out of the circumstances on which the trial court had relied for its
conviction‟. This was held by the Supreme Court in
(a) Palvinder Kaur v State
(b) Nishikant Jha v State
(c) Shivaji Sahebrao Bobde v State of Maharashtra
(d) None of the above
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1055. In which of the following cases, the Supreme Court held that the challenge to the conviction based
on non- compliance of section 313 CrPC first time in the appeal cannot be entertained unless the
appellants demonstrate that the prejudice has been caused to them?
(a) Palvinder Kaur v State
(b) Nishikant Jha v State
(c) Shobhit Chamar v State of Bihar
(d) None of the above
1056. In which of the following cases, the Supreme Court held that it cannot, by any stretch of
imagination, be claimed by anybody that a case of murder would fall within the expression „colour
of duty‟?
(a) Satyavir Singh Rathi v CBI (Delhi Fake Encounter case)
(b) Lakshmana v CBI (Varghese Fake Encounter case)
(c) Rubabudeen Shaikh v CBI (Gujarat Fake Encounter case)
(d) Shmabu Das v State of Assam
1057. Can a statement under section 313 of the Code of Criminal Procedure be regarded as evidence?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1058. In which of the following cases, the Supreme Court held that a defence taken by one accused
cannot, in law be treated as evidence against his co-accused?
(a) S P Bhatnagar v State of Maharashtra
(b) Vijendrajit Ayodhya Prasad Goel v State
(c) Shivaji Sahebrao Bobde v State
(d) None of the above
1059. In which of the following cases, the Supreme Court held that taking accomplice evidence is not
unconstitutional?
(a) Devendran v State
(b) Laxmipat Chorasia v State
(c) Randhir Basu v State
(d) None of the above
1060. Non-examination of an approver by the accused under section 306(4) of the Code of Criminal
Procedure, 1973
(a) Vitiates the trial
(b) Vitiates his evidence
(c) Does not vitiate the trial or his evidence
(d) None of the above
1061. The concerns underlying the right to speedy trial from the point of view of the accused is/are
(a) The period of remand and pre- conviction detention should be as short as possible. In other
words, the accused should not be subjected to unnecessary or unduly long incarceration prior
to his conviction
(b) The worry, anxiety, expense and disturbance to his vocation and peace, resulting from an
unduly prolonged investigation, inquiry or trial should be minimal; and
(c) Undue delay may well result in impairment of the ability of the accused to defend himself,
whether on account of death, disappearance or non availability of witnesses or otherwise
(d) All of the above
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1062. In which of the following cases, the Supreme Court for the first time fixed time limits for criminal
trials?
(a) Common Cause v Union of India
(b) Raj Deo Sharma v State
(c) A R Antulay v R S Nayak
(d) None of the above
1063. In which of the following cases, the Supreme Court issued guidelines fixing outer„ limit for
concluding criminal trials?
(a) Common Cause v Union of India (I)
(b) Raj Deo Sharma v State
(c) Common Cause v Union of India (II)
(d) All of the above
1064. In which of the following cases, the constitution bench of the Supreme Court overruled all its
previous decisions which issued guidelines fixing outer limit for concluding criminal trials?
(a) Rama Chandra Rao v State of Karnataka
(b) Raj Deo Sharma v State
(c) Common Cause v Union of India (II)
(d) None of the above
1065. Which of the following cases was overruled by the constitution bench of the Supreme Court in
Rama Chandra Rao v State of Karnataka AIR 2002 SC 1856?
(a) Common Cause v Union of India (I)
(b) Raj Deo Sharma v State
(c) Common Cause v Union of India (II)
(d) All of the above
1066. Which of the following propositions were made by the Supreme Court in Rama Chandra Rao v
State of Karnataka AIR 2002 SC 1856?
(a) The dictum in A R Antulay‟s case is correct and still holds the field
(b) The proposition emerging from Art. 21 of the Constitution and expounding the right to speedy
trial laid down as guidelines in A R Antulay‟s case, adequately take care of the right to speedy
trial.
(c) The guidelines laid down in A R Antulay‟s case are not exhaustive but only illustrative. They
are not intended to operate as hard and fast rules or to be app- lied like a strait-jacket formula.
Their applicability would depend on the fact-situation of each case. It is difficult to foresee all
situations and no generalization can be made.
(a) (i) and (ii) only
(b) (ii) and (iii) only
(c) (i) and (iii) only
(d) (i), (ii) and (iii)
1067. It is neither advisable, nor feasible, nor judicially permissible to draw or prescribe an outer limit
for conclusion of all criminal proceedings. The time limits or bars of limitation prescribed in the
several directions made in Common Cause (I) , Raj Deo Shanna (I) and Raj Deo Shanna (II) could
not have been so prescribed or drawn and are not good law. The criminal courts are not obliged to
terminate trial or criminal proceedings merely on account of lapse of time, as prescribed by the
directions made in Common Cause Cause (I) , Raj Deo Shanna (I) and (II) . At the most, the
periods of time prescribed in those decisions can be taken by the courts seized of the trial or
proceedings to act as reminders when they may be persuaded to apply their judicial mind to the
facts and circumstances of the case before them and determine by taking into consideration the
several relevant factors as pointed out in A R Antulay ‟s case and decide whether the trial or
proceedings have become so inordinately delayed as to be called oppressive and unwarranted.
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Such time-limits cannot and will not by themselves be treated any court as a bar to further
continuance of the trial or proceedings and as mandatorily obliged the court to terminate the same
and acquit or discharge the accused. This was held by the Constitution Bench in
(a) Rama Chandra Rao v State of Karnataka
(b) Baldev Singh v State
(c) Kartar Singh v State
(d) None of the above
1068. Section 311 of the Code of Criminal Procedure has application during
(a) Inquiry
(b) Trial
(c) Inquiry, trial or other proceedings
(d) None of the above
1069. Which of the following power/s is/are available to the court under section 311l of the Code of
Criminal Procedure?
(a) Summon any person as a witness
(b) Examine any person in attendance, though not summoned as a witness
(c) Re-call and re-examine, any person already examined
(a) (i) and (ii) only
(b) (ii) and (iii) only
(c) (i) and (iii) only
(d) (i), (ii) and (iii)
1071. Can the court summon a person as a witness or recall and re-examine any person already examined
under section 311 of the Code of Criminal Procedure at a stage when the case was posted for
judgment?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1072. The accused were facing charge under section 138 of the Negotiable Instruments Act. After
hearing the arguments of both sides, the case was posted for judgment but the magistrate on
perusal of the records found that certain facts are omitted to be mentioned during the examination
of the accused under section 313(1)(b) of CrPC. The magistrate reopened the case for further
examination of the accused under section 313(l)(b) of CrPC and adjourned the case. The course
adopted by the magistrate is
(a) Legal
(b) Illegal
(c) Depends
(d) None of the above
1073. For the purpose of section 311 of the Code of Criminal Procedure, trial continues till the
(a) Judgment is pronounced
(b) Case is posted for judgment
(c) Examination of witnesses are over
(d) None of the above
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1074. In which of the following cases, the Supreme Court held that „order passed under section 311 of Cr
PC for recalling the witness, is interlocutory in nature, and hence revision is clearly not
maintainable‟?
(a) Rajendra Prasad v Narcotic Cell
(b) Ramdeo v State
(c) Sethuraman v Raja Manickam
(d) None of the above
1076. In which of the following landmark judgments, the Supreme Court held that no decision by any
court, including the Supreme Court, could be read in a manner as to nullify the express provisions
of an Act or the Code of Criminal Procedure?
(a) P J Thomas v stare
(b) Amar Singh v State
(c) CB1 v Keshub Mahindra
(d) None of the above
1077. Which of the following amending Acts has introduced a new table of compoundable offences in
the Code of Criminal Procedure, 1973?
(a) The Code of Criminal Procedure (Amendment) Act, 2003
(b) The Code of Criminal Procedure (Amendment) Act, 2005
(c) The Code of Criminal Procedure (Amendment) Act, 2008
(d) The Code of Criminal Procedure (Amendment) Act, 2010
1079. When an offence is compoundable under section 320 of the Code of Criminal Procedure
(a) Abetment of such offence is compoundable
(b) Attempt to commit such offence (when such attempt is itself an offence) is compoundable
(c) Both (a) and (b) are correct
(d) None of the above
1080. Five persons were charged under sections 323, 451 read with section 149 of the Indian Penal Code.
Can the case be compounded?
(a) Yes
(b) No, section 149 is non-compoundable
(c) Depends
(d) None of the above
1081. Three persons were charged under section 379 read with section 34 of the Indian Penal Code. Can
the case be compounded?
(a) Yes
(b) No, section 34 is non-compoundable
(c) Depends
(d) None of the above
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1082. Offence punishable under section 379 of the Indian Penal code is
(a) Compoundable
(b) Non-Compoundable
(c) Compoundable with the permission of the court
(d) Compoundable where the value of the property stolen does not exceed two thousand rupees
1083. When the person who would otherwise be competent to compound an offence under section 320 is
dead, the legal representative of such person may, with the consent of the court, compound such
offence. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1084. In which of the following cases, the Supreme Court allowed the compounding of a non-
compoundable offence for the first time?
(a) B S Joshi v State of Haryana
(b) Nikhil Merchant v Central Bureau of Investigation
(c) Suresh Babu v State of Andhra Pradesh
(d) None of the above
1085. Can the compounding of an offence be allowed during the investigation stage?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1087. Who among the following is vested with the power to withdraw from the prosecution under section
321 of the Code of Criminal Procedure, 197 3?
(a) Court
(b) Prosecutor
(c) De-facto complainant
(b) Any one of the above
1088. Is the consent of the court necessary to withdraw the prosecution under section 321 of the Code
Criminal Procedure, 1973?
(a) Yes
(b) No
(c) Depends
(d) None of the above
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1090. Can the prosecution be withdrawn with respect to one of the accused?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1091. In which of the following cases, the court must direct the prosecutor to produce before it the
permission granted by the Central Government to withdraw from the prosecution?
(a) Where the offence was against any law relating to a matter to which the executive power of
the Union extends
(b) Where the offence was investigated by the Delhi Special Police Establishment under the Delhi
Special Police Establishment Act, 1946 (25 of 1946)
(c) Where the offence involved the misappropriation or destruction of, or damage to, any
property belonging to the Central Government
(d) Where the offence was committed by a person in the service of the Central Government while
acting or purporting to act in the discharge of his official duty
(a) (i) and (ii) only
(b) (ii) and (iii) only
(c) (i), (ii) and (iii) only
(b) (i), (ii), (iii) and (iv)
1092. A Case and counter case were pending before the court. In the case the ruling party members are
the accused and in the counter case opposition party members are the accused. The Prosecutor file
an application under section 321 to withdraw the case only. Decide
(a) It is proper
(b) It is not proper
(c) Depends
(d) None of the above
1093. While exercising power under section 321 of the Code of Criminal Procedure, the State must act in
(a) Government‟s interest
(b) Public interest
(c) Party interest
(d) None of the above
1094. While deciding a petition under section 321 of the Code of Criminal Procedure, the power of the
court is
(a) Discretionary
(b) Adjudicatory
(c) Appellate
(d) Supervisory
1095. Which of the following constitution bench judgments of the Supreme Court dealt with the scope
and ambit of section 321 of the Code of Criminal Procedure?
(a) Manoj v State
(b) Sheo Nandan Paswan v State of Bihar
(c) Bhajan Lal v State
(d) None of the above
1096. In which of the following cases, the Supreme Court with regard to section 321 of CrPC held as „in
view of the wide language it uses, enables the public prosecutor to withdraw from the prosecution
any accused, the discretion exercisable under which is fettered only by a consent from court on a
consideration of the materials before it and that at any stage of the case. The section does not insist
upon a reasoned order by the magistrate while giving consent. All that is necessary to satisfy the
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section is to see that the public prosecutor acts in good faith and that the magistrate is satisfied that
the exercise of discretion by the public prosecutor is proper.‟?
(a) Manoj v State
(b) Sheo Nandan Paswan v State of Bihar
(c) Bhajan Lal v State
(d) None of the above
1097. The public prosecutor has no discretion when the State asks him to withdraw the case. The
statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1098. When an application under section 321 of the Code of Criminal Procedure is made,
(a) It is necessary for the court to assess the evidence to discover whether the case would end in
conviction or acquittal
(b) What the court has to see whether the application is in good faith, in the interest public policy
and justice and not to thwart or stifle the process law
(c) Both (a) and (b)
(d) None of the above
1099. Which of the following statements are true and correct regarding section 321 of the Code of
Criminal Procedure, 197 3?
(i) The Government cannot suggest to the public prosecutor that he may withdraw from
prosecution.
(ii) For the mere reason that the Government suggested to withdraw from prosecution the public
prosecutor cannot withdraw the prosecution.
(iii) No one including the Government can compel the public prosecutor to withdraw from
prosecution
(iv) The public prosecutor is entitled to withdraw from prosecution on all relevant grounds,
including in appropriate cases social, economic and political purposes, if it is for the public
good
(a) (i) and (ii) only
(b) (i) and (iii) only
(c) (ii), (iii) and (iv) only
(d) (ii), (iii) and (iv)
1100. The de-facto complainant has no locus standi to challenge the withdrawal of prosecution. The
statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1101. In which of the following cases, the Supreme Court held that if the offence for which a prosecution
is being launched is an offence against the society and not merely an individual wrong, any
member of the society must have locus to initiate a prosecution as also to resist withdrawal of such
prosecution if initiated?
(a) A R Antulay v R S Nayak
(b) Sheo Nandan Paswan v State of Bihar
(c) Bhajan Lal v State
(d) None of the above
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1102. In which of the following cases, the magistrate shall stay the proceedings and submit the case, with
a brief report explaining its nature, to the chief judicial magistrate or to such other magistrate,
having jurisdiction, as the chief judicial magistrate directs?
(a) Where the evidence appears to him to warrant a presumption that he has no jurisdiction to try
the case or commit it for trial
(b) Where the evidence appears to him to warrant a presumption that the case is one which should
be tried or committed for trial by some other magistrate in the district
(c) Where the evidence appears to him to warrant a presumption that the case should be tried by
the chief judicial magistrate
(d) Any one of the above
1103. If, in any inquiry into an offence or a trial before a magistrate, it appears to him at any stage of the
proceedings before .................... .. that the case is one which ought to be tried by the court of
session, he shall commit it to that court.
(a) before the framing of charge
(b) before the examination of witnesses
(c) before the judgment is signed
(d) None of the above
1104. Where a person, having been convicted of an offence punishable under Chapter XII or Chapter
XVII of the Indian Penal Code with imprisonment for a term of ..................... ..years or upwards, is
again accused of any offence punishable under either of those chapters with imprisonment for a
term of ...... .. years or upwards and the magistrate before whom the case is pending is satisfied that
there is ground for presuming that such person has committed the offence, he shall be sent for trial
to the chief judicial magistrate or committed to the court of session, unless magistrate is competent
to try the case and is of opinion that he can himself pass an adequate sentence if the accused is
convicted.
(a) One, two
(b) Three, two
(c) Three, three
(d) None of the above
1105. Section 324 of the Code of Criminal Procedure deals with a special procedure regarding trial of
persons previously convicted of offences against
(a) Coinage
(b) Stamp-law
(c) Property
(d) All of the above
1106. Whenever a magistrate is of opinion, after hearing the evidence for the prosecution and the accused,
that the accused is guilty, and that he ought to receive a punishment different in kind, form, or more
severe than, that which such magistrate is empowered to inflict, or, being a magistrate of the second
class, is of opinion that the accused ought to be required to execute a bond under section 106, he may
record the opinion and submit his proceedings, and forward the accused to the ...............
(a) Sessions Judge
(b) Chief judicial magistrate
(c) High Court
(d) None of the above
1107. Can the chief judicial magistrate examine the parties and recall and examine any witness who has
already given evidence in the case when a case was sent for enhanced penalty under section 325 of
the Code of Criminal Procedure?
(a) Yes
(b) No
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(c) Depends
(d) None of the above
1108. When any judge or magistrate after having heard and recorded whole or any part of the evidence in
an inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another judge or
magistrate who has and who exercises such jurisdiction, can the judge or magistrate so succeeding
act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and
partly recorded by himself?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1109. In which of the following cases, the Supreme Court held that when a case is tried as a summary
case a magistrate, who succeeds the magistrate who had recorded the part or whole or the
evidence, cannot act on the evidence so recorded by his predecessor?
(a) Harman Electronics v National Panasonic
(b) Nitinbhai Saevatilal Shah v Manubhai Manjibhai Panchal
(c) Payare lal v State of Punjab
(d) None of the above
1110. The place in which any criminal court is held for the purpose of inquiring into or trying any
offence shall be deemed to be an open court, to which the public generally may have access, so far
as the same can conveniently contain them. This is the mandate of section ……………….. of the
Code of Criminal Procedure.
(a) 326
(b) 327
(c) 328
(d) 329
1111. The inquiry into and trial of rape or an offence under ………… of the Indian Penal Code (45 of
1860) shall be conducted in camera.
(a) Section 376
(b) Section 376A and section 376B
(c) Section 376C and section 376D
(d) All of the above
1112. Under Criminal Procedure Code, legal protection has been provided to an accused who is of
unsound mind. The provision finds place in-
(a) Section 328
(b) Section 339
(c) Section 441
(d) All of the above
THE JUDGMENT
1113. “Victim compensation scheme under section 357A of the criminal procedure 1973, has been
introduced by which of the following amendment act?
(a) By the act 25 of 2003
(b) By the act 5 of 2009
(c) By the act 45 of 1978
(d) By the act 2 of 2006
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1114. What is the maximum default sentence that can be awarded in case of non-payment of
compensation under section 358 of the code of criminal procedure, 1973
(a) 60 days
(b) 30 days
(c) 90 days
(d) 120 days
1115. Under section 353, criminal procedure code, the judgment in every trial in any criminal court of
original jurisdiction shall be pronounced in open court by the presiding officer immediately after
the termination of the trial or at some subsequent time of which notice shall be given to the parties
or their pleaders –
(a) By delivering the whole of the judgment
(b) By reading out the whole of the judgment
(c) By reading out the operative part of the judgment and explaining the substance of the
judgment in language which is understood by the accused or his pleader
(d) Any of the above
1116. On which chapter and section of the criminal procedure code, word “judgment” has been
provided?
(a) Chapter 27, section 353
(b) Chapter 28, section 354
(c) Chapter 29, section 355
(d) Chapter 27, section 356
1117. Under which section of the criminal procedure code, person may be ordered to be released on
probation of good conduct or after admonition?
(a) Section 358
(b) Section 359
(c) Section 360
(d) Section 361
1118. When a court may order that a person be released on probation of good conduct or after
admonition under section 360, criminal procedure code?
(a) When any person not under the age of 21 years is convicted of an offence punishable with
fine only or with imprisonment for 7 years or less.
(b) When any person under the age of 21 years is not convicted of an offence punishable with
death sentence or life imprisonment
(c) When any woman is not convicted of an offence punishable with death sentence or life
imprisonment
(d) All of these
1119. Recently in which one of the following cases the supreme court has given directions for the
medical treatment of the victim of acid attack?
(a) State of M.P. vs. Madan Lal
(b) Laxmi vs. Union of India
(c) Jagdar Singh vs. State of Haryana
(d) None of The Above
1120. Which one of the following sections of Cr. PC, 1973 deals with the language and contents of
judgment?
(a) Section 353
(b) Section 354
(c) Section 355
(d) Section 356
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1121. Treatment of the victim has been incorporated under Code Of Criminal Procedure, 1973 by
criminal law (amendment) act, 2013 under –
(a) Section 198 B
(b) Section 357 B
(c) Section 357 C
(d) None of the above
1122. Compensation to be in addition to fine provided under section 357B of Cr. PC in the offences.
Committed under–
(1) Section 326 A of IPC
(2) Section 376 D of IPC
(3) Section 354 of IPC
(4) Section 326 of IPC
Code:
(a) (1) and (2)
(b) (1), (2) and (3)
(c) (1) and (3)
(d) (1), (2), (3) and (4)
1123. Which of the following deals with the Court of Session to send copy of finding and sentence to
District Magistrate?
(a) Section 350 Cr. P.C.
(b) Section 287 Cr. P.C.
(c) Section 365 Cr. P.C.
(d) Section 289 Cr. P.C.
1124. Which of the following deals with the instruction of the translation of the judgment when required?
(a) Section 426 Cr. P.C.
(b) Section 364 Cr. P.C.
(c) Section 388 Cr. P.C.
(d) Section 589 Cr. P.C.
1125. Which of the following deals with the Copy of judgment to be given to the accused and other
persons?
(a) Section 363 Cr. P.C.
(b) Section 387 Cr. P.C.
(c) Section 488 Cr. P.C.
(d) Section 289 Cr. P.C.
1126. Which of the following section states that the Court is not to alter judgment except to correct a
clerical or a mathematical error?
(a) Section 386 Cr. P.C.
(b) Section 587 Cr. P.C.
(c) Section 388 Cr. P.C.
(d) Section 362 Cr. P.C.
1127. Which of the following deals with the procedure where Court considers that case should not be
dealt with under Section 345 Cr. P.C.?
(a) Section 339 Cr. P.C.
(b) Section 287 Cr. P.C.
(c) Section 388 Cr. P.C.
(d) Section 346 Cr. P.C.
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1128. Which of the following section deals with the pronouncement of judgment in open Court by the
Presiding officer?
(a) Section 286 Cr. P.C.
(b) Section 353 Cr. P.C.
(c) Section 388 Cr. P.C.
(d) Section 289 Cr. P.C.
1129. Every State Government in co-ordination with the Central Government shall formulate Victim
Compensation Scheme (VCS) for providing fund for compensation to victims falls under section
357A of Cr.P.C. with effect from 31-12- 2009. This section was inserted by:
(a) Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009)
(b) Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005)
(c) Criminal Procedure Law (Amendment) Act, 2005 (2 of 2006)
(d) Code of Criminal Procedure (Amendment) Act, 2001 (50 of 2001).
1130. Which of the following deals with the Court of Session to send copy of finding and sentence to
District Magistrate?
(a) Section 350 Cr. P.C.
(b) Section 287 Cr. P.C.
(c) Section 365 Cr. P.C.
(d) Section 289 Cr. P.C.
1131. Which of the following deals with the Copy of judgment to be given to the accused and other
persons?
(a) Section 363 Cr. P.C.
(b) Section 387 Cr. P.C.
(c) Section 488 Cr. P.C.
(d) Section 289 Cr. P.C.
1132. The provision for special reasons to be recorded in certain cases is covered under:
(a) Section 286 Cr. P.C.
(b) Section 387 Cr. P.C.
(c) Section 361 Cr. P.C.
(d) Section 389 Cr. P.C.
1134. Which of the following section deals with victim compensation scheme?
(a) Section 280B Cr. P.C.
(b) Section 287D Cr. P.C.
(c) Section 357ACr. P.C.
(d) Section 289B Cr. P.C.
1135. Which of the following section deals with victim compensation scheme?
(a) Section 280B Cr. P.C.
(b) Section 287D Cr. P.C.
(c) Section 357A Cr. P.C.
(d) Section 289B Cr. P.C.
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1136. If a judge dies after writing his judgement but before delivering it-
(a) The judgement will be final as long as the judge has signed it
(b) The judgement will be final if his successor comes and delivers it
(c) The judgement will be considered merely as an opinion
(d) The judgement will be final in criminal proceedings
1137. A judgement-
(a) Should not contain the name of the victim in case of sexual offences
(b) Includes an order of discharge
(c) Must be written in the language understood by the accused
(d) In case of acquittal need not direct the accused to be set free
1138. The maximum possible compensation awardable under section 357 of the Code of Criminal
Procedure, 1973-
(a) Depends on the Court in which the case is being tried
(b) Cannot exceed the maximum fine possible fine for the offence
(c) Cannot exceed Rs. 1,00,00,000
(d) Depends on the discretion of the judge
1139. If the accused is convicted in a criminal case for an offence under the stature which does not
provide for payment of compensation-
(a) The Court cannot award compensation under section 357 of the CrPC and no civil
proceedings are possible
(b) The Court cannot award compensation under section 357 of the CrPC, but other civil
remedies are possible
(c) The Court can award compensation under section 357 of the CrPC, but the award will be
taken into account in subsequent civil suits
(d) The Court can award compensation under section 357 of the CrPC, but the award will not be
taken into account in subsequent civil suits
1140. ______________ of the Code of Criminal Procedure, 1973 states that compensation payable to the
victim under section 357-A will be in addition to the compensation payable under section 326-A or
376-D of the IPC.
(a) Section 357
(b) Section 357-A
(c) Section 357-B
(d) Section 357-C
1141. Which of the following sections of the Code of Criminal Procedure, 1973 deals with provisions
regarding treatment of victims of sexual crimes?
(a) Section 357
(b) Section 357-A
(c) Section 357-B
(d) Section 357-C
1142. Which of the following deals with the order to pay compensation, when a Court imposes a
sentence of fine or a sentence including death sentence?
(a) Section 286 Cr. P.C.
(b) Section 357 Cr. P.C.
(c) Section 359 Cr. P.C.
(d) Section 365 Cr. P.C.
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DEATH SENTENCE FOR CONFIRMATION
1143. Match list-I with list- II and select the correct answer using the codes given below the lists –
List I List II
(A) Section 366 (i) No appeal in petty cases
(B) Section 376 (ii) Submission of sentence of death by Court of Session to the High
Court for confirmation
(C) Section 437 (iii) Inherent powers of High Court
(D) Section 482 (iv) Bail in non- bailable offence
Code:
A B C D
(a) (ii) (i) (iv) (iii)
(b) (i) (ii) (iii) (iv)
(c) (iv) (iii) (ii) (i)
(d) (iii) (iv) (i) (ii)
1145. Which section of the Cr. PC provides for confirmation by the High Court of an order of death
sentence passed by Sessions Court prior to its execution?
(a) Section 368
(b) Section 366
(c) Section 371
(d) Section 369
1146. On being submitted the sentence of death by Court of Sessions, the High Court may-
(a) Confirm the sentence
(b) Annual the conviction
(c) May pass any other sentence warranted by law
(d) All of the above
1147. In computing the period of limitation the period which may be excluded includes the-
(a) Time during which any person has been prosecuting with due diligence another prosecution
on the same facts, in good faith and in a court without jurisdiction
(b) Period for which the prosecution in respect of such offence has been stayed by an injunction
or order
(c) Period during which the application of the accused for release on bail was pending
(d) Both (a) and (b)
1148. How many minimum numbers of judges of the High Court are required to sign the confirmation of
death sentence?
(a) 3
(b) 2
(c) 4
(d) 5
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1149. Which of the following deals with the sentence of death to be submitted by Court of Session for
confirmation?
(a) Section 350 Cr. P.C.
(b) Section 287 Cr. P.C.
(c) Section 365 Cr. P.C.
(d) Section 366 Cr. P.C.
1150. Which of the following deals with the procedure in case of difference of opinion?
(a) Section 350 Cr. P.C.
(b) Section 287 Cr. P.C.
(c) Section 365 Cr. P.C.
(d) Section 370 Cr. P.C.
1151. Power of High Court to confirm sentence or annul conviction is provisioned under:
(a) Section 350 Cr. P.C.
(b) Section 368 Cr. P.C.
(c) Section 365 Cf. P.C.
(d) Section 289 Cr. P.C
APPEALS
1152. Under which section of Cr. PC Sessions Court exercises power of appeal from convictions?
(a) Section 372
(b) Section 397
(c) Section 374
(d) Section 398
1153. Which one of the following sections of the Criminal Procedure Code, 1973 provides that “no
appeal to lie unless otherwise provided”?
(a) Section 372
(b) Section 373
(c) Section 375
(d) Section 377
1154. Any person convicted on a trial by an Additional Session Judge for an offence in which sentence of
imprisonment is more than seven years may appeal to:
(a) Sessions Judge
(b) Chief Metropolitan Magistrate
(c) High Court
(d) Supreme Court
1155. The appeal against an order of acquittal passed by the Court of Judicial Magistrate first class shall
lie to-
(a) The Court of Chief Judicial Magistrate
(b) The Court of Session
(c) The High Court
(d) The Supreme Court
1156. lf in a criminal appeal an accused dies and his near relatives wish to continue, the case within how
much time they must apply?
(a) Four months
(b) Three months
(c) Sixty days
(d) Thirty days
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1157. The judgment of acquittal passed by judicial magistrate is appealable before Sessions Court in any
…......... offence
(a) Cognizable and non-bailable
(b) Cognizable and compoundable
(c) Non-cognizable and non-bailable
(d) Non-cognizable and bailable
1158. There shall be no appeal by a convicted person where a Magistrate of the first class passes only a
sentence of fine not exceeding :
(a) One hundred
(b) Two hundred
(c) Three hundred
(d) Two hundred and fifty rupees
1161. Which of the following provisions that Appellate Court may take further evidence or direct it to be
taken when dealing with any appeal under Chapter XXIX?
(a) Section 286 Cr. P.C.
(b) Section 491 Cr. P.C.
(c) Section 391 Cr. P.C.
(d) Section 289 Cr. P.C.
1162. Suspension of sentence pending the appeal; release of appellant on bail is covered under:
(a) Section 389 Cr. P.C.
(b) Section 283 Cr. P.C.
(c) Section 388 Cr. P.C.
(d) Section 585 Cr. P.C.
1163. Which of the following deals with the procedure for hearing appeals not dismissed summarily?
(a) Section 385 Cr. P.C.
(b) Section 287 Cr. P.C.
(c) Section 598 Cr. P.C.
(d) Section 689 Cr. P.C.
1164. Which of the following deals with the summary dismissal of appeal?
(a) Section 286 Cr. P.C.
(b) Section 387 Cr. P.C.
(c) Section 381 Cr. P.C.
(d) Section 384 Cr. P.C.
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1165. Which of the following deals with the procedure of presenting the petition of appeal when
appellant is in jail?
(a) Section 380 Cr. P.C.
(b) Section 287 Cr. P.C.
(c) Section 383 Cr. P.C.
(d) Section 289 Cr. P.C.
1166. Which of the following states that no appeal shall lie from any judgment or order of Criminal
Court, unless otherwise provided?
(a) Section 286 Cr. P.C.
(b) Section 287 Cr. P.C.
(c) Section 388 Cr. P.C.
(d) Section 372 Cr. P.C.
1169. Which of the following deals with the procedure where Judges of Court of appeal are equally
divided?
(a) Section 286 Cr. P.C.
(b) Section 292 Cr. P.C.
(c) Section 388 Cr. P.C.
(d) Section 392 Cr. P.C.
1170. Which of the following provisions that Appellate Court may take further evidence or direct it to be
taken when dealing with any appeal under Chapter XXIX?
(a) Section 286 Cr. P.C.
(b) Section 491 Cr. P.C.
(c) Section 391 Cr. P.C.
(d) Section 289 Cr. P.C.
1171. Which of the following deals with the arrest of accused in appeal from acquittal?
(a) Section 486 Cr. P.C.
(b) Section 390 Cr. P.C.
(c) Section 688 Cr. P.C.
(d) Section 389 Cr. P.C.
1172. Which of the following deals with the procedure of presenting the petition of appeal when
appellant is in jail?
(a) Section 380 Cr. PC.
(b) Section 287 Cr. P.C.
(c) Section 383 Cr. P.C.
(d) Section 289 Cr. P.C.
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1173. An appeal against the judgement of acquittal under section 378 of the Code of Criminal Procedure,
1973-
(a) Is not possible
(b) Possible as long as made by the accused
(c) Can only be filed by the public prosecutor
(d) Can only be made to the Supreme Court
1174. Under which section of Cr. P.C., the provision for reference to High Court is given:
(a) Section 398
(b) Section 397
(c) Section 395
(d) Section 399
1177. “Too many appeals and revisions are a bane of the Indian Judicial System, involving as it does
sterile expense and delay and fruitless chase of perfection.” Justice Krishna Iyer made this
observation in
(a) Harman Singh v. State of H.P.
(b) Mohd. Saumur Ali v. State of Assam
(c) Sitaram v. State of U.P.
(d) Jawaharlal Singh v. Naresh Singh
1178. When the Sessions Judge or the High Court calls for to examine the record of any proceeding
before any inferior criminal Court, it is known as
(a) reference
(b) review
(c) revision
(d) none of the above
1179. Under which one of the sections of Criminal Procedure Code, 1973 High Court‟s power of
Revision is provided?
(a) Section 399
(b) Section 400
(c) Section 401
(d) Section 403
1181. While exercising the power of revision under the Code of Criminal Procedure the High Court cannot
(a) discharge the accused
(b) acquit the accused
(c) grant bail to the accused
(d) convert a finding of acquittal into one of conviction
1185. Which of the following deals with the calling for records to exercise powers of revision?
(a) Section 397 Cr. P.C.
(b) Section 394 Cr. P.C.
(c) Section 388 Cr. P.C.
(d) Section 222 Cr. P.C.
1186. Which of the following deals reference to High Court concerning a case?
(a) Section 290 Cr. P.C.
(b) Section 394 Cr. P.C.s
(c) Section 395 Cr. P.C.
(d) Section 222 Cr. P.C.
1187. Power of High Court to withdraw or transfer revision cases is provisioned under:
(a) Section 290 Cr. P.C.
(b) Section 402 Cr. P.C.
(c) Section 388 Cr. P.C.
(d) Section 222 Cr. P.C.
1188. Which of the following deals reference to High Court concerning a case?
(a) Section 290 Cr. P.C.
(b) Section 394 Cr. P.C.s
(c) Section 395 Cr. P.C.
(d) Section 222 Cr. P.C.
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1189. Can the High Court or court of session acting in the exercise of its powers of revision under section
401 of the Code of Criminal Procedure allow any person to compound any offence which such
person is competent to compound?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1190. Which of the following sections of the Code of Criminal Procedure imposes a ban on using
revisional power against an interlocutory order?
(a) Section 397(1)
(b) Section 397(2)
(c) Section 397(3)
(d) Section 397(4)
1191. „Revision is maintainable only when a question of law is involved in the case‟. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1192. Can the High Court treat an application under section 482 of the Code of Criminal Procedure as
one under section 397 of the Code when it is found that the proper remedy is under section 397 of
the Code.
(a) Yes
(b) No
(c) Depends
(b) None of the above
1193. In which of the following cases the Supreme Court held that the label or nomenclature of the
petition is immaterial for the purpose of using its powers?
(a) Ghanshyam v State
(b) Madhu Limaye v State
(c) Mahabir v State
(d) None of the above
1194. Can the inherent power under section 482 of the Code of Criminal Procedure be exercised to set
aside an interlocutory order to which bar under section 397(2) applies.
(a) Yes
(b) No
(c) Yes, only in exceptional circumstances
(d) None of the above
1195. In which of the following cases the Supreme Court held that „if the order assailed is purely of an
interlocutory character which could be corrected in exercise of the revisional power of the High
Court under the 1898 Code, the High Court will refuse to exercise its inherent power. But in case
the impugned order clearly brings about a situation which is an abuse of the process of the court or
for the purpose of securing the ends of justice interference by the High Court is absolutely
necessary, then nothing contained in section 397(2) can limit or affect the exercise of the inherent
power by the High Court. But such cases would be few and far between. The High Court must
exercise the inherent power very sparingly. One such case would be the desirability of the
quashing of a criminal proceeding initiated illegally, vexatiously or as being without jurisdiction‟?
(a) Ghanshyam v State
(b) Madhu Limaye v State
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(c) Mahabir v State
(d) None of the above
1196. In which of the following cases the Supreme Court clarified that „there is no total ban on the
exercise of inherent power where abuse of the process of the court or other extraordinary situation
excites the court‟s Jurisdiction. The limitation is self restraint, nothing more. The policy of the law
is clear that interlocutory orders, pure and simple, should not be taken up to the High Court
resulting ni unnecessary litigation and delay‟?
(a) Ghanshyam v State
(b) Pratap v State
(c) Raj Kapoor v State
(d) None of the above
1197. Can a petitioner move the High Court for exercising its revisional jurisdiction without first
approaching the sessions court?
(a) Yes
(b) No
(c) Yes, only in exceptional circumstances
(d) None of the above
1199. Can a High Court convert a finding of acquittal into one of conviction by exercising its revisional
power?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1200. Whenever one or more persons convicted at the same trial makes or make application to a High
Court for revision and any other person convicted at the same trial makes an application o the
Sessions Judge for revision,
(a) The High Court shall direct that the applications for revision pending before the Sessions
Judge be transferred to itself
(b) The High Court shall direct that the applications for revision made to it be transferred to the
Sessions Judge
(c) Either (a) or (b)
(d) None of the above
1201. Power of revision under the Code of Criminal Procedure is „in pari materia‟ with supervisory
jurisdiction under Article 227 of the Constitution of India. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1202. Can a High Court enhance the sentence in a „suo motu‟ revision?
(a) Yes
(b) No
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(c) Depends
(d) None of the above
1203. Which of the following sections of the Code of Criminal Procedure prohibits the conversion of a
finding of acquittal into one of conviction?
(a) Section 397(1)
(b) Section 397(2)
(c) Section 401(3)
(d) Section 401(2)
1204. Revisional jurisdiction can be exercised by the High Court at the instance of a private complainant
(i) Where the trial court has wrongly shutout evidence which the prosecution wished to produce
(ii) Where the admissible evidence is wrongly brushed aside as inadmissible
(iii) Where the trial court has no jurisdiction to try the case and has still acquitted the accused
(iv) Where the material evidence has been overlooked either by the trial court or the appellate
court or the order is passed by considering irrelevant evidence
(v) Where the acquittal is based on the compounding of the offence which is invalid under the
law
(a) (i) and (ii) only
(b) (ii) and (iii) only
(c) (i), (ii) and (iii) only
(d) (i), (ii), (iii), (iv) and (v)
1206. Where a party files an appeal in a case, where appeal does not lie, can the court convert the appeal into
revision and exercise the powers under section 397 of the Code of Criminal Procedure?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1207. Which of the following jurisdictions can be exercised by the court „suo motu‟? .
(a) Appellate
(b) Revisional
(c) Both (a) and (b)
(d) None of the above
1209. Can a revisional court re-appreciate evidence like the appellate court?
(a) Yes
(b) No
(c) Depends
(d) None of the above
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1210. If an application for revision has been made by any person to the Sessions Judge, can a further
application for revision be filed to the High Court?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1211. In which of the following cases the Supreme Court defined the term „interlocutory order‟?
(a) Madhu Limaye v State
(b) Joginder Singh v State
(c) R K Jain v State
(d) None of the above
1212. The power of Supreme Court to transfer criminal cases and appeal from one High Court to another
High Court is conferred under:
(a) Section 407 Cr. PC
(b) Section 406 Cr. PC
(c) Section 421 Cr. PC
(d) Section 408 Cr. PC
1213. Which section of the Code of Criminal Procedure, 1973 has dealt with power of High Court to
commute the sentence of death to life imprisonment on pregnant woman?
(a) Section 416
(b) Section 411
(c) Section 417
(d) Section 420
1214. The power of the Supreme Court to transfer cases and appeals from one High Court to another
High Court can be exercised under Cr. PC on an application of the following:
(a) Solicitor- General of India
(b) Attorney- General of India
(c) A party interested
(d) Either (b) or (c) both
1215. A is an accused of theft. After arrest he remained 90 days in preventive detention. After this he was
imprisoned for one year. Is he entitled for set- off of 90 days?
(a) Yes
(b) No
(c) Entitled for set- off for 45 days
(d) Entitled for set- off for 30 days
1216. Which section of the Code of Criminal Procedure, 1973 deals with the power of Sessions Judge to
transfer cases and appeals?
(a) Section 409
(b) Section 408
(c) Section 407
(d) Section 406
1217. The High Court cannot exercise the power under section 407 of the Code of Criminal Procedure,
1973 if-
(a) A fair and impartial inquiry or trial is not possible
(b) A stranger to the case makes an application
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(c) It is expedient for the ends of justice
(d) It will tend to the general convenience of the witnesses
1218. In which of the following cases did the Supreme Court lay down the guidelines for premature
release of life convict?
(a) Lanman Naskar v. Union of India
(b) Boucher Pierre Andre v. Superintendent, Central Jail
(c) Kasmer Singh v. Union of India
(d) Raghbir Singh v State of Haryana
1219. A special court was constituted in the State of Maharashtra for trying offence investigated by the
CBI. The CBI filed the charge sheet in a murder case to the special court. Can the special court
take cognizance of the offence?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1220. Constitutional validity of section 407 of the Code of Criminal Procedure was upheld by the
Supreme Court in
(a) Dadu alias Tulsidas v State of Maharashtra
(b) Stanny Felix Pinto v Jangid Builders Pvt Ltd
(c) A R Antulay v R S Nayak
(d) None of the above
1221. In which of the following cases the constitution bench of the Supreme Court held that the Supreme
Court has no jurisdiction to „suo motu‟ withdraw one case from a special judge and transfer it to
the High Court?
(a) A R Antualy v R S Nayak
(b) Anbazhagan v State of Tamil Nadu
(c) Abdul Nasar Madani v State of Tamil Nadu
(d) None of the above
1222. Where an application for the exercise of the powers conferred under section 406 of the Code of
Criminal Procedure is dismissed, the Supreme Court may, if it is of opinion that the application
was frivolous or vexatious, order the applicant to pay by way of compensation to any person who
has opposed the application such sum not exceeding ................. .. rupees as it may consider
appropriate in the circumstances of t e case.
(a) 500
(b) 1,000
(c) 5,000
(d) 10,000
1223. On which of the following grounds, a High Court can order transfer of a case under section 407 of
the Code of Criminal Procedure?
(a) That a fair and impartial inquiry or trial cannot be had in any criminal court subordinate
thereto
(b) That some question of law of unusual difficulty is likely to arise
(c) That an order under this section is required by any provision of the Code, or will tend to the
general convenience of the parties or witnesses, or is expedient for the ends of justice
(d) Any one of the above
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1224. In which of the following cases, the Supreme Court held that it cannot be contended that a person
who is not a party to the case has no locus standi to approach the court for transfer of a case under
the Code of Criminal Procedure?
(a) A R Antualy v R S Nayak
(b) Anbazhagan v State of Tamil Nadu
(c) Abdul Nasar Madani v State of Tamil Nadu
(d) None of the above
1225. In which of the following cases the Supreme Court, while dealing with a petition for transfer, held
as follows, „Assurance of a fair trial is the first imperative of the dispensation of justice and the
central criterion for the court to consider when a motion for transfer is made is not the
hypersensitivity or relative convenience of a party or easy availability of legal services or like mini
grievances. Something more substantial, more compelling, more imperiling, from the point of view
of public justice and its attendant environment, is necessitous if the court is to exercise its power of
transfer. This is the cardinal principle although the circumstances may be myriad and vary from
case to case. We have to test the petitioner‟s grounds on this touchstone bearing in mind the rule
that normally the complainant has the right to choose any court having jurisdiction and the accused
cannot dictate where the case against him should be tried. Even so, the process of justice should
not harass the parties and from that angle the court may weigh the circumstances.‟?
(a) Maneka Sanjay Gandhi v Rani Jethmalani
(b) Balakrishna Pillai v State of Kerala
(c) Abdul Nasar Madani v State of Tamil Nadu
(d) None of the above
1226. In which of the following cases, the Supreme Court held that „in our view, this practice of filing an
application by an advocate that he withdraws his appearance on the date of hearing, only for
getting the matter adjourned, requires to be strongly discouraged‟?
(a) Maneka Sanjay Gandhi v Rani Jethmalani
(b) Balakrishna Pillai v State of Kerala
(c) Abdul Nasar Madani v State Tamil Nadu
(d) None of the above
1227. In which of the following cases the Supreme Court deprecated the practice of „bench hunting‟ by
holding that „no party is entitled to get a case transferred from one Bench to the other, unless the
Bench is biased or there are some reasonable grounds for the same, but no right to get a case
transferred to any other Bench can legitimately be claimed merely because the Judges express
opinion on the merits of the case on the conclusion of hearing‟?
(a) Maneka Sanjay Gandhi v Rani Jethmalani
(b) Balakrishna Pillai v State Kerala
(c) G E B v Atmaram Poshani
(d) None of the above
1228. Under Sec 425 of Criminal Procedure Code, every warrant for the execution of a sentence may be issued by:
(a) The Judge or Magistrate
(b) Successor-in-office
(c) Either by the Judge or Magistrate who passed the sentence, or his successor-in-office
(d) All of the above
1229. Who can commute the sentence of imprisonment for life under the Code of Criminal Procedure:
(a) The appropriate Government
(b) The President of India
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(c) The Governor of the State
(d) The Central Government
1230. In the case of sentence of death, power to suspend, remit or commute is conferred upon:
(a) State Government
(b) Central Government
(c) State as well as Central Government
(d) President
1231. In how many years a sentence of imprisonment for life can be commuted by the Govt.
(a) 20 years
(b) 18 years
(c) 14 years
(d) 12 years
1232. Assertion (A): Section 433 of Cr. P.C empowers the appropriate Government to commute a
sentence.
Reason (R): The Government has power to commute sentence of imprisonment for life into
imprisonment of 10 years.
Mark the correct answer from the codes given below Codes:
(a) Both (A) and (R) are true and (R) is the correct explanation of (A)
(b) Both (A) and (R) are true but (R) is not correct explanation of (A)
(c) (A) is true but (R) is false
(d) (A) is false but (R) is true
1233. In which of the following cases the constitutional validity of Section 433-A, Cr. P.C. was upheld ?
(a) Ashok Kumar Golu v. Union of India
(b) Babu Pahalwan v. State of M.P.
(c) Ramesh v. State of M. P.
(d) Karan Singh v. State of H. P.
1235. A gives a recognizance binding him in a penalty of Rs. 500 to appear in Court on certain day. He
forfeits his recognizance. He is liable
(a) To pay the whole penalty
(b) To pay half penalty
(c) It depends on the discretion of the judge
(d) For no penalty
1236. A person is arrested and remanded to judicial custody for the offence of theft. He is in such
custody for the last three and a half years and his trial has not yet been commenced. Which of the
following suggestions is correct in this case?
(a) He shall be released
(b) He shall not be released unless a bail petition is moved on his behalf
(c) He shall be released on bail only when he remained in custody for half of the maximum
period of sentence provided for the offence
(d) None of the above
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1238. Under which section of Cr. P.C. a police officer can release an accused on bail in non- bailable
case?
(a) Section 336
(b) Section 337
(c) Section 436
(d) Section 437
1239. A Metropolitan Magistrate may release an accused on bail in non-bailable offence except in
following case(s) if
(a) there are reasonable grounds for believing that he has been guilty of an offence punishable
with death or imprisonment for life
(b) there are reasonable grounds for believing that he has been guilty of a cognizable offence and
he has been previously convicted of an offence punishable with imprisonment for seven years
(c) he had been previously convicted on two or more occasions of a cognizable offence
punishable with imprisonment for three years
(d) All these
1240. In a case the State wants to apply for cancellation of bail of an accused. As per the decision of the
Supreme Court of India in the case of State (Delhi Administration) v. Sanjay Gandhi, which one of
the following may be the appropriate ground for seeking cancellation of bail of the accused ?
(a) That the accused has attempted to tamper or has tampered with the witness in the case against
him
(b) That the order earlier passed in his favour granting him bail had not taken his previous
criminal record into account
(c) That the Court granting the bail had not taken into account the fact of non-co-operation of the
accused in investigation during the period interior to the grant of bail
(d) That the Court granting the bail had not cited leading judicial decision having bearing on
decision making process for grant of bail
1242. Anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 means :
(a) A direction to release a person on bail issued after a person is arrested
(b) A direction to release a person on bail issued even before a person is arrested or is in
apprehension of arrest
(c) A direction to release a person on bail from judicial custody
(d) A direction to release a person on bail when he is in police custody after being arrested
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1243. On an application made by a person apprehending arrest on an accusation of having committed a
non bailable offence, the High Court or the Court of Sessions may, under section 438 Cr. PC, give
the direction that :
(a) he shall not be arrested till further order
(b) he shall be released on bail without taking him into custody
(c) in the event of such arrest he shall be released on bail
(d) in the event of such arrest he shall be released on bail three days after the arrest
1244. In which case the Apex Court held that anticipatory bail should be granted only for a limited period
(a) Sunita Devi v. State of Bihar and another
(b) Naresh Kumar Yadav v. Ravindra Kumar
(c) Salauddin v. State of Maharashtra
(d) Siddharam Satlingappa Mhetre v. State of Maharashtra
1245. Anticipatory Bail under Section 438 of the Criminal Procedure Code, 1973 can be invoked in cases of
(a) Bailable offences
(b) Non bailable offences
(c) Both (a) and (b)
(d) None of the above
1246. Which one of the following is a leading case relating to anticipatory bail?
(a) Gurubaksh Singh Sibbia v. State of Punjab
(b) Tama v. State of West Bengal
(c) Dinesh Dalmia v. C.B.I.
(d) Dimple Gupta v. Rajiv Gupta
1247. Under Section 439 of Cr. P.C. jurisdiction to cancel the bail vests with
(a) the Court of Session
(b) the High Court
(c) the Court of Magistrate
(d) only (a) and (b) of the above
1248. Whether any condition imposed by a Magistrate when releasing any person on bail can be set aside
or modified? If yes, by whom and under which provision?
(a) By High Court under Section 482 Cr. PC.
(b) By High Court or Court of Sessions under Section 439 Cr. PC.
(c) By Sessions Court under Section 465Cr. PC.
(d) No Court can be set aside or modified such condition
1249. An order passed by a Magistrate under Section 440 of the Code of Criminal Procedure, 1973, is
appealable to :
(a) Session Judge and High Court
(b) District Magistrate
(c) Executive Magistrate
(d) Supreme Court
1251. Which of the following provisions of the Criminal Procedure Code is not related to „Appeal‟
(a) Section 86
(b) Section 449
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(c) Section 450
(d) Section 454
1253. Which of the following deals with appeal from orders under Section 446 Cr. P.C.?
(a) Section 286 Cr. P.C.
(b) Section 449 Cr. P.C.
(c) Section 388 Cr. P.C.
(d) Section 500 Cr. P.C.
1254. Which of the following deals with the discharge from custody?
(a) Section 603 Cr. P.C.
(b) Section 442 Cr. P.C.
(c) Section 388 Cr. P.C.
(d) Section 512 Cr. P.C.
1255. Which of the following deals with special powers of High Court or Court of Session regarding
bail?
(a) Section 315 Cr. P.C.
(b) Section 452 Cr. P.C.
(c) Section 388 Cr. P.C.
(d) Section 439 Cr. P.C.
1256. In which of the following section bail requires an accused to appear before next appellate Court?
(a) Section 286 Cr. P.C.
(b) Section 437ACr. P.C.
(c) Section 388B Cr. P.C.
(d) Section 489 Cr. P.C.
1257. Which of the following deals with the maximum period for which an undertrial prisoner can be
detained?
(a) Section 286 Cr. P.C.
(b) Section 287 Cr. P.C.
(c) Section 388 Cr. P.C.
(d) Section 436ACr. P.C.
1258. Which of the following deals with the discharge from custody?
(a) Section 603 Cr. P.C.
(b) Section 442 Cr. P.C.
(c) Section 388 Cr. P.C.
(d) Section 512 Cr. PC.
1259. Procedure in case of insolvency or death of surety or when a bond is forfeited is covered in:
(a) Section 286 Cr. P.C.
(b) Section 346 Cr. P.C.
(c) Section 388 Cr. P.C.
(d) Section 447 Cr. P.C.
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1260. Under Section 320(1) Cr. P.C. for house-trespass, which section of IPC is applicable?
(a) 455
(b) 446
(c) 448
(d) 442
1261. Which of the following deals with cases in which bail is to be taken?
(a) Section 286 Cr. P.C.
(b) Section 287 Cr. PC.
(c) Section 436 Cr. P.C.
(d) Section 289 Cr. P.C.
DISPOSAL OF PROPERTY
1262. A proclaimed person whose property has been attached, can claim the property or the proceeds of
the sale, on appearance : -
(a) Within six months
(b) Within two years
(c) Within three years
(d) Within one year
1263. By Criminal Procedure (Amendment) Act,20,05, in Section 459 of Cr. P.C. the words „less than
ten Rupees‟ have been substituted by the words
(a) less than five hundred Rupees
(b) less than fifty Rupees
(c) less than one hundred Rupees
(d) less than two hundred and fifty Rupees
1264. Which of the following deals with appeal against orders under Section 452 or Section 453?
(a) Section 544 Cr. P.C.
(b) Section 287 Cr. P.C.
(c) Section 454 Cr. P.C.
(d) Section 452 Cr. P.C.
1265. Which of the following sections of the Code of Criminal Procedure deals with order for custody
and disposal of property pending trial?
(a) Section 451
(b) Section 452
(c) Section 453
(d) Section 454
1266. „Property‟ under section 451 of the Code of Criminal Procedure means
(a) Property of „any kind‟ or document which is produced before the court or which is in its
custody
(b) Any property regarding which an offence appears to have been committed or which appears to
have been used for the commission of any offence
(c) Both (a) and (b)
(d) None of the above
1267. Which of the following sections of the Code of Criminal Procedure deals with the disposal of
property at conclusion of trial?
(a) Section 451
(b) Section 452
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(c) Section 453
(d) Section 454
1268. When any person is convicted of any offence which includes, or amounts to, theft or receiving
stolen property, and it is proved that any other person bought the stolen property from him without
knowing or having reason to believe that the same was stolen, and that any money has on his arrest
been taken out of the possession of the convicted person, the court may, on the application of such
purchaser and on the restitution of the stolen property to the person entitled to the possession
thereof, order that out of such money a sum not exceeding the price paid by such purchaser be
delivered to him. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1269. Which of the following sections of the Code of Criminal Procedure deals with the payment to
innocent purchaser of money found on accused?
(a) Section 451
(b) Section 452
(c) Section 453
(d) Section 454
1270. An order passed under section 452 and 453 of the Code of Criminal Procedure is
(a) Appealable
(b) Not appealable
(c) Revisable
(d) None of the above
1271. When a proclamation is issued by a magistrate with regard to the property seized under section
457 of the Code of Criminal Procedure, requiring any person who may have a claim thereto, such
person may appear before him and establish his claim within ....... .. months from 4 the date of such
proclamation.
(a) 3
(b) 4
(c) 5
(d) 6
1272. If no person within .......... .. months establishes his claim to property seized under section 457 of
the Code of Criminal Procedure, and if the person in whose possession such property was found is
unable to show that it was legally acquired by him, the magistrate may by order direct that such
property shall be at the disposal of the State Government and may be sold by that Government and
the proceeds of such sale shall be dealt with in such manner as may be prescribed.
(a) 3
(b) 4
(c) 5
(d) 6
1273. A magistrate can sell perishable property seized if the value of such property is less than
............rupees.
(a) 200
(b) 500
(c) 1,000
(d) 5,000
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1274. Which of the following is an interlocutory order?
(a) An order under Section 451 of CrPC
(b) An order under Section 452 of CrPC
(c) An order under Section 453 of CrPC
(d) All the above
1275. „Property‟ under section 451 of the Code of Criminal Procedure means
(a) Movable property
(b) Immovable property
(c) Both (a) and (b)
(d) None of the above
1276. In which of the following cases, the Supreme issued guidelines regarding the disposal of property?
(a) Sunder Bhai Desai v State Gujarat
(b) Sajan Varghese v State
(c) Central BankvRain
(d) None of the above
1277. In Sunder Bhai Desai v State of Gujarat the Supreme Court directed that seized articles shall not be
kept or a long time at the police station, in any case, for not more than
(a) Fifteen days to one month
(b) Ten days to one month
(c) Fifteen days to two month
(d) None of the above
IRREGULAR PROCEEDINGS
1278. Under Criminal Procedure Code, 1973 the regularities which do not vitiate proceedings have been
stated in
(a) Section 460
(b) Section 461
(c) Section 462
(d) Section 466
1279. Under Criminal Procedure Code, 1973 the regularities which vitiate trial have been stated in-
(a) Section 460
(b) Section 461
(c) Section 466
(d) Section 467
1280. An irregularity by the Magistrate in which one of the following cases will not vitiate proceedings?
(a) Making an order for maintenance
(b) Demanding security for good behaviour
(c) Tendering pardon to accomplice
(d) Trying an offence summary
1281. When will proceeding be vitiated if the Magistrate is not empowered to do so?
(a) To issue a search warrant under Section 94 of Cr. PC.
(b) To hold an in guest under section 176 of Cr. PC.
(c) Tries an offender summarily
(d) To tender a pardon under Section 306of Cr. PC.
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1282. In which of the following cases was it held that the defect resulting from non-compliance of
section 275 of the Code of Criminal Procedure, 1973 in the absence of actual or possible failure of
justice is curable under section 464 and 465 of the CrPC?
(a) Nain Singh v. Nain Singh
(b) Ram Dyal v. Municipal Corporation of Delhi
(c) Abdul Rahaman v. Emperor
(d) Ranjeet Singh v. State of UP
1283. Irregularities which do not vitiate proceedings have been stated in:
(a) section 460 of Cr PC
(b) section 461 of Cr PC
(c) section 462 of Cr PC
(d) section 486 of Cr PC.
LIMITATION
1285. If a presiding Judge of a court fails to sign and date of the judgment, it amounts to
(a) Incurable procedural irregularity
(b) Procedural irregularity curable under Section 465 (1), Cr. PC.
(c) Substantive irregularity
(d) Illegality
1286. No Court shall take cognizance of an offence punishable with fine only, after the expiry of the
period of limitation of:-
(a) Two months
(b) Three months
(c) Ninety days
(d) Six months
1287. What is the time limit in Section 468 Cr. PC for taking cognizance in a case of defamation?
(a) Six Months
(b) One Year
(c) Three Years
(d) No limit
1288. Period of limitation for an offence punishable with a term of two years, as per Section 468 of Cr.
PC is-
(a) six months
(b) one year
(c) two years
(d) three years
1289. Period of limitation to take cognizance of an offence punishable for a term more than three years
imprisonment is :
(a) 90 days
(b) one year
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(c) three years
(d) no period of limitation is prescribed
1290. Which Section of Cr. P.C. authorize any Court to take cognizance of an offence after the expiry of
the period of limitation?
(a) Section 473
(b) Section 468
(c) Section 472
(d) Section 471
MISCELLANEOUS
1293. Which one of the following sections of Criminal Procedure Code, 1973 provides that “no Judge or
Magistrate shall try any case in which he is personally interested”?
(a) Section 478
(b) Section 477
(c) Section 479
(d) Section 481
1294. Where any Judge or Magistrate is personally interested in a case, he shall neither try nor commit
for trial such case, nor shall hear any appeal in such case, provided
(a) prior permission of High Court has been procured
(b) prior permission of the Chief Justice of High Court has been procured
(c) prior permission of its appellate court has been obtained
(d) None of the above
1295. Under which one of the following sections of Criminal Procedure Code, 1973 inherent powers can
be exercised by the High Court?
(a) Section 482
(b) Section 483
(c) Section 484
(d) Section 480
1296. Under section of the Cr. PC a joint trial can be split up:
(a) 233
(b) 299
(c) 317
(d) 482
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1297. A High Court under its inherent powers conferred under Section 482 of Cr. PC passes the
following orders :
(i) It quashes the F.I.R.
(ii) It quashes proceeding of case pending before a criminal court
(iii) It expunges the derogatory remarks against a member of subordinate court
Having in view the validity of above order choose the correct answer given below:
(a) Only (i) as valid
(b) (i) and (ii) are both valid
(c) (i), (ii) and (iii) all are valid
(d) (i) and (iii) are valid
1298. Which provision under the Code of Criminal Procedure, 1973 prescribes the mode of execution of
sentence of death that “the convict be hanged by the neck until he be dead”?
(a) Section 413
(b) Form No. 42 of the Second Schedule of the Code
(c) Section 416
(d) Section 414
1299. While exercising inherent powers under Section 482 of the Code of Criminal Procedure 1973, even
the High Court cannot do which of the following things:
(a) To give police custody from judicial custody
(b) To convert itself into a Court of appeal when legislature has not authorized it expressly or
indirectly
(c) To review its own judgment of order
(d) All the above thing
1300. Offences against other laws (except I.P.C.) if punishable with imprisonment for 3 years and
upwards but not more than 7 years then
(a) It will be cognizable and non-bailable
(b) Non-cognizable and bailable
(c) cognizable and bailable
(d) Non-Cognizable and Non-bailable
1302. Form No. 32 of the Second Schedule of Cr. PC provides the format for framing of
(a) Charges
(b) Summons to witness
(c) Warrant of execution of a sentence of death
(d) Warrant after commutation of a sentence
1303. The inherent powers of the High Court are contained in:
(a) section 462 of Cr PC
(b) section 472 of Cr PC
(c) section 482 of Cr PC
(d) section 492 of Cr PC
1304. In which case Supreme Court of India directed the High Courts to exercise jurisdiction under
section 482 of Code of Criminal Procedure:
(a) State of Haryana v. Bhajan Lai
(b) Adalat Prasad v. Navin Jindal
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(c) Dinesh Dalmiya v. C.B.I.
(d) Dhananjay Chatterjee v. State of West Bengal.
1305. A High Court under its inherent powers conferred under Section 482 of Cr. P.C. passes the
following orders:
(i) It quashes the F.I.R.
(ii) It quashes proceeding of case pending before a criminal court
(iii) It expunges the derogatory remarks against a member of subordinate court
Having in view the validity of above order chooses the correct answer given below:
(a) Only (i) as valid
(b) (i) and (ii) are both valid
(c) (i), (ii) and (iii) all are valid
(d) (i) and (iii) are valid.
1307. When any person who is bound by any bond taken under this Code to appear before a Court, does
not appear,
(a) the officer presiding in such Court may issue a warrant directing that such a person be arrested
and produced before him
(b) the officer presiding in such Court may cancel the warrant directing that such a person be
simply apprehended by the police
(c) the officer presiding in such Court may issue a proclamation directing that such a person be is
absconding and be produced before him
(d) none of them
1312. What is the stage called when in a certain case the police officer either by himself or under orders
of a Magistrate looks in to the case?
(a) trial
(b) inquiry
(c) investigation
(d) none of them
1313. If the police officer finds commission of an offence and sends the case to the Magistrate, then
which of the following stage begins?
(a) investigation
(b) trial
(c) inquiry
(d) either (B) or (C)
1314. Which of the following offences of the IPC are dealt in Cr. P.C.?
(a) 35 of 1860
(b) 45 of 1860
(c) 55 of 1860
(d) 65 of 1860
1315. Which of the following Section of the Cr. P.C. governs every criminal proceeding?
(a) Section 4
(b) Section 16
(c) Section 26
(d) both (a) and (c)
1316. Which of the following is true in ordering an arrest of a person by the Magistrate?
(a) he must act on recorded information
(b) it is not enough for him to express a belief that such a course is necessary
(c) neither (A) nor (B)
(d) both (A) and (B)
1318. The statements or facts stated by an accused in an application for plea bargaining:
(a) Can be used by the court in any other case against the accused.
(b) Can be used in any other case against the accused only with the permission of the court before
which the application for plea bargaining was made.
(c) Cannot be used for any other purpose except for the purpose of this chapter.
(d) None of the above.
1319. What is true about Criminal Procedure Code in respect of the offences by criminals other than the
offences under Indian Penal Code:
(a) Criminal Procedure Code cannot be followed
(b) Criminal Procedure Code can be followed only against offences under Indian Penal Code
(c) Criminal Procedure Code can be followed as it is uniform procedural law in criminal
proceedings
(d) Criminal Laws other than Indian Penal Code have their own procedural application.
1321. As per section 26 any offence under section 276 and section 376A to 376D of IPC shall be tried as
far as practicable by a court presided over by:
(a) a woman
(b) Judicial Magistrate of First Class
(c) Chief Judicial Magistrate
(d) a High Court Judge.
1322. Under the provisions of section 198(6) where an offence under section 676 of IPC consists of
sexual intercourse by a man with his own wife, the wife being under……….. years of age, no court
shall take cognizance of the offence if more than one year has elapsed from the date of the
commission of the offence:
(a) 13
(b) 15
(c) 16
(d) 18.
1324. Assertion: All offences under any other law shall be investigated inquired into, tried, and otherwise
dealt with according to the same provisions.
Reason: but subject to any enactment for the time being in force regulating the manner or place of
investigating inquiring into trying or otherwise dealing with such offences.
(a) assertion is true but the reason is false
(b) both the assertion and the reason are true
(c) both the assertion and the reason do not relate
(d) assertion is true but the reason is incomplete
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1325. What is about position of Cr. P.C., when former Chief Justices of India are alleged as corrupted
after their Retirement from Supreme Court:
(a) Cr. P.C. can be applied with the offence to be charged under IPC.
(b) Cr. P.C. can be applied with offence to be charged under Prevention of Corruption Act, 1988.
(c) Cr. P.C. is silent about to be applied
(d) Cr. P.C. is meant for non-officials only.
1326. In which of the following cases the Supreme Court held that FIR was not substantive evidence and
could only be used to corroborate its maker:
(a) Union of India v. A. Kumar, AIR 2010 SC 2735.
(b) C. Magesh v. State of Karnataka, AIR 2010 SC 2768.
(c) Anil Kumar v. B. S. Neelakanta, AIR 2010 SC 2715.
(d) Vijeta Gazra v. State, AIR 2010 SC 2712.
1328. „A‟ is accused of theft on the occasion and of causing grievous hurt on another occasion. A must
be:
(a) charged separately for theft and for causing grievous hurt
(b) charged jointly for theft and causing grievous hurt
(c) tried jointly for theft and for causing grievous hurt
(d) Charged jointly for theft and for causing grievous hurt but tried separately for those two
offences.
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1331. Which of the following is correct answer:
(i) Provisions of Cr. P.C. do not apply to the State of Jammu and Kashmir.
(ii) All provisions of Cr. P.C. do not apply to the State of Nagaland.
Choose the correct answer:
(a) Only (i) is correct.
(b) Only (ii) is correct.
(c) Both (i) and (ii) are incorrect.
(d) Both (i) and (ii) are correct.
1332. „G‟, a 17 years old girl, was married to „H‟. „H‟ during the subsistence of the said marriage entered
into another marriage with „P‟. The court may take cognizance for the offence of bigamy, if the
complaint is brought by:
(a) her father, mother, brother, sister, son or daughter or by her father‟s or mother‟s brother or
sister
(b) any other person related to her by blood, marriage or adoption, with the leave of the court
(c) some other person on her behalf, with leave of Court, but where there is a guardian appointed
in her respect, then only after such guardian has been heard
(d) all these.
1333. Under Cr. P.C. where two or more courts have taken cognizance of the same offence and question
arises as to which of them ought to try that offence, the question shall be decided
(i) by the Supreme Court
(ii) if the Courts are subordinate to the same High Court by that High Court
(iii) 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
Choose the correct answer:
(a) Only (i) is correct
(b) (ii) and (iii) are correct
(c) (i), (ii) and (iii) all are correct
(d) (i) and (iii) are correct
1334. Consider the following statement and choose the correct answer with the help of code given below:
(i) Investigation is conducted by police officer
(ii) Magistrate cannot interfere in investigation
(iii) Investigation is a judicial proceeding
(iv) Investigation is not a judicial proceeding
Codes:
(a) (i) and (iv) are correct
(b) (i), (ii) and (iv) are correct
(c) (ii) and (iv) are correct
(d) (ii), (iii) and (iv) are correct.
1335. „A‟ faced trial for cheating „Z‟ by dishonestly inducing him to lend money by knowingly pledging
fake diamonds. „Z‟ died during trial and was survived by a son „X‟. „X‟ moved an application in
the Trial Court to compound the offence. Which of the following is the correct legal preposition:
(a) „X‟ is not competent to compound the offence
(b) On the death of complainant „Z‟, the trial proceedings shall abate
(c) Court cannot entertain such an application after death of the complainant
(d) „X‟ can compound the offence with the consent of the Court.
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(iii) have an advocate of his choice remain present throughout interrogation
(iv) be medically examined by a medical officer
Which of the statements given above are correct:
(a) (i), (ii) and (iii)
(b) (ii), (iii) and (iv)
(c) (i), (ii) and (iv)
(d) (i), (ii), (iii) and (iv).
1340. The FIR can be quashed in the exercise of inherent powers by:
(a) the Magistrate‟s Court
(b) the Court of Session
(c) the High Court
(d) either (a) or (b) or (c).
1341. Under the scheme of Cr. P.C. the inherent powers vest in:
(a) the High Court
(b) the Court of Session
(c) the Court of District & Sessions Judge
(d) all of the above.
1342. In which among the following cases the Supreme Court held that High Court cannot directly
entertain bail application of POTA accused without its refusal by special court:
(a) State of Gujarat v. Shalimbhai Abdul Gaffar Shaikh
(b) State of Maharashtra v. S.K. Dhinde
(c) State of Gujarat v. Santosh Kumar
(d) State of Uttar Pradesh v. S.N. Srivastava.
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1344. In which of the following cases the prosecution witness was prosecuted for perjury:
(a) Jessica Lal case (2007)
(b) Nitish Katara case (2007)
(c) Priyadarshni Mattoo case (2006)
(d) None of the above.
1345. The person seeking suspension of conviction should specifically draw the attention of the
Appellate Court to the consequences that may arise if the conviction is not stayed as held by the
Supreme Court in:
(a) Sheo Prasad Bhor v. State of Assam, AIR 2007 SC 918
(b) P.V. George v. State of Kerala, AIR 2007 SC 1034
(c) Navjot Singh Sidhu v. State of Punjab, AIR 2007 SC 1003
(d) Kuldip Nayar v. Union of India, (2006) 7 SCC 1
1346. When the approver wilfully suppresses material facts or gives false evidence:
(a) the court itself has inherent power to proceed against Approver
(b) the court does not have inherent power to proceed against Approver
(c) police can take action against him
(d) on the request of police, court take action against Approver.
1347. Any effort to settle disputes and claims by applying pressure through criminal prosecution:
(a) should depend upon the present criminal system
(b) should depend upon the discretion of the court
(c) should be deprecated and discouraged
(d) should not be deprecated and discouraged.
1349. Inherent power of the court to order a joint trial of cases is exercised when it appears to the court:
(a) that some common question of law or fact arises in both proceedings
(b) the right to relief claimed thereof is in respect of the same transaction
(c) the right to relief claimed thereof arises out of the same series of transactions
(d) all the above.
1350. In 2007 which High Court ordered „No arrest of a woman before sunrise and after sunset‟:
(a) Delhi High Court
(b) Rajasthan High Court
(c) Allahabad High Court
(d) Bombay High Court.
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(c) authorised by a Magistrate in his behalf or a person in authority
(d) all of them
1353. Which of the following is true in ordering an arrest of a person by the Magistrate?
(a) he must act on recorded information
(b) it is not enough for him to express a belief that such a course is necessary
(c) neither (A) nor (B)
(d) both (A) and (B)
1354. Which of the following is true of the badmashi sections of the Cr. PC.?
(a) to furnish the police with the means of detaining persons against whom definite charges has
been made but has broken down
(b) not to furnish the police with the means of detaining persons against whom definite charges
has been made but has broken down
(c) to furnish the police with the means of arresting persons against whom definite charges has
been made but has broken down
(d) none of them
1355. What is the stage called when in a certain case the police officer either by himself or under orders
of a Magistrate looks in to the case?
(a) trial
(b) inquiry
(c) investigation
(d) none of them
1359. In case where an inquiry, trial or other proceedings have been conducted in a wrong place:
(a) the inquiry, trial or other proceedings shall be void ab initio
(b) the inquiry, trial or other proceedings cannot be set aside as void unless it has occasioned in
failure of justice
(c) the inquiry, trial or other proceedings, cannot be set aside even if it has occasioned in failure
of justice
(d) either (a) or (c).
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(c) can be taken in appeal for the first time
(d) all the above.
1361. Under the scheme of Cr PC the original jurisdiction to take cognizance of an offence is vested in:
(a) the Court of Sessions
(b) the Court of Magistrate
(c) the High Court
(d) all the above.
1365. Where a Magistrate, not empowered by law to issue a search warrant for a place suspected to
contain stolen property, erroneously issues a search warrant:
(a) the search proceedings shall be void & liable to be set aside
(b) the search proceedings shall not be void & not liable to be set aside
(c) the search proceedings shall be set aside only if challenged by any person aggrieved by the
search
(d) either (a) or (c).
1366. Under the provisions of Code of Criminal Procedure, 1973 for taking cognizance of an offence-
(a) Judicial application of mind by the Magistrate is not needed
(b) It is not open to the court to analyse the evidence produced
(c) Is an area exclusively within the domain of the Magistrate and the Officer-in-charge of the
case
(d) The offence must be committed within the territorial jurisdiction of a first class judicial
Magistrate
1367. Under the provisions of the Code of Criminal Procedure, 1973 cognizance can be taken of –
(i) Offence
(ii) Accused
(iii) Witnesses
(iv) Offenders
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Codes:
(a) Only I
(b) I and III
(c) I and II
(d) I and IV
1368. Which of the following statements in NOT true regarding the charge sheet made under the
provisions of the Code of Criminal Procedure, 1973?
(a) In case of offence of a rape of a child the charge sheet must be submitted within three months
of the FIR
(b) After submission of the charge sheet there cannot be any further investigation into the case by
police
(c) The right to be released on bail is lost once the charge-sheet is filed
(d) Charge sheet against absconding accused can be filed even if the accused is not arrested
1369. Which of the following requirements need NOT be followed under section 200 of the Code of
Criminal Procedure, 1973?
(a) The complainant must be examined
(b) Examination of the complainant must be under oath
(c) The accused must be given an opportunity to be heard
(d) The examination of the complainant must be reduced to writing
1370. Which of the following statements hold true for plea of guilty under the provisions of the Code of
Criminal Procedure, 1973?
(a) The plea of “not guilty” is not recognised by CrPC
(b) Pleader can make plea of guilty on behalf of the accused
(c) The admission made by the accused is binding on him
(d) Plea of Guilty to a capital charge is inadmissible
1371. If the part of the property or thereof has been sold by the State Government of the proclaimed
person who within two years from the date of attachment voluntarily surrenders himself as per the
Section 85-
(a) the net proceeds of the sale and the residue of the property, shall be delivered to him
(b) the net proceeds of the sale and the residue of the property, shall not be delivered to him
(c) the net proceeds of the sale and the residue of the property, shall, after satisfying therefrom all
costs incurred in consequence of the attachment, be delivered to him
(d) none of them
1373. The forms in which the charges may be framed are set forth in:
(a) section 211 of Cr PC
(b) section 214 of Cr PC
(c) Ist Schedule of Cr PC
(d) 2nd Schedule of Cr PC.
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(c) is material and the accused is liable to be acquitted
(d) both (a) & (c).
1379. In which of the following in the case of consecutive sentences, it shall not be necessary for the
Court by reason only of the aggregate punishment for the several offences being in excess of the
punishment which it is competent to inflict on conviction of a single offence, to send the offender
for a trial before a higher Court?
(a) provided in no case shall such person be sentenced to imprisonment for a longer period than
fourteen years
(b) provided the aggregate punishment shall not exceed twice the amount of punishment which
the Court is competent to inflict for a single offence
(c) either (A) or (B)
(d) both (A) and (B)
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1381. In which case it was held that: Identity of victim is not to be disclosed even in judgment of court:
(a) Shashikant v. CBI, AIR 2007 SC 351
(b) Dinesh v. State of Rajasthan, AIR 2006 SC 1267
(c) Naveen Chandra v. State of Uttaranchal, AIR 2007 SC 363
(d) none of the above.
1383. The “Directorate of Prosecution” the provision added in the Cr PC by the Code of Criminal
Procedure (Amendment) Act, 2005, shall be established by:
(a) Central Government
(b) Each State Government
(c) CBI
(d) RAW
1384. The Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005) came into force on:
(a) 22nd June, 2006
(b) 21st June, 2005
(c) 23rd June, 2006
(d) 23rd July, 2006
1385. Provision relating to plea bargaining comes under which Chapter in Criminal Procedure Code:
(a) XXI
(b) XXA
(c) VIIA
(d) XXIA
1386. The amount of fine which can be imposed by a Magistrate of the First Class has been enhanced by
Criminal Procedure (Amendment) Act, 2005 (25 of 2005) from Rs.5000 to:
(a) Rs.5000
(b) Rs.7000
(c) Rs.10000
(d) none of the above.
1387. The amount of fine which can be imposed by a Magistrate of the Second Class has been enhanced
by Criminal Procedure (Amendment) Act, 2005 (25 of 2005) from Rs.1000 to:
(a) Rs.3000
(b) Rs.5000
(c) Rs.7000
(d) none of the above.
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1389. In case of special summons in cases of petty offence under section 206, the amount of fine
specified is such summons has, in view of Criminal Procedure (Amendment) Act, 2005 (25 of
2005) has been enhanced from Rs.100 to:
(a) Rs.200
(b) Rs.500
(c) Rs.1000
(d) Rs.2000.
1390. Plea Bargaining inserted by Criminal Law (Amendment) Act, 2005 (2 of 2006) does riot apply in
case of:
(a) offences affecting socio-economic conditions of the country
(b) offences committed against woman
(c) offences against children below the age of fourteen years
(d) all of the above.
1392. Criminal Procedure Code which comes under Concurrent List of Constitution of India is:
(a) unduly rigid and does not make room for any special law & procedure
(b) not unduly rigid and makes room for any special law & procedure and generally gives
precedence to such special law and procedure
(c) not unduly rigid and makes room for any special law & procedure but generally gives
precedence to the law & procedure given under the Code
(d) either (a) or (c).
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1397. In a cognizable case under IPC, the police has the:
(a) authority to arrest a person without warrant
(b) authority to investigate the offence without permission of the Magistrate
(c) both (a) & (b)
(d) either (a) or (b).
1398. In a cognizable case under IPC, the police will have all the powers to:
(a) investigate except the power to arrest without warrant
(b) investigate including the power to arrest without warrant
(c) investigate and arrest without warrant only after seeking permission from the Magistrate
(d) Investigate and arrest without warrant only after informing the Magistrate having jurisdiction
to inquire into or try the offence.
1399. A Magistrate has the power under Cr. P.C. to direct the police to investigate into:
(a) a non-cognizable offence
(b) a cognizable offence
(c) only a non-cognizable offence, as in a cognizable offence the police is under a duty to
investigate
(d) Both (a) and (b).
1400. In a non-cognizable case under IPC, the police has the authority:
(a) to investigate into the offence without order given by the Magistrate but cannot arrest the
accused without warrant
(b) to investigate and even arrest the accused without warrant
(c) neither to investigate without order of the Magistrate nor can arrest the accused without
warrant
(d) cannot investigate without orders of the Magistrate but can arrest without warrant.
1402. The amended S. 2, S. 24, S. 26 of Cr. P.c. came into effect in:
(a) 31-12-2009
(b) 30-11-2009
(c) 29-10-2009
(d) 28-09-2009
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(c) an Army officer may make an arrest without a warrant when a public offence is committed in
his presence
(d) a Police Officer may make an arrest without a warrant when a public offence is committed in
his presence
1405. When did the S. 157, S. 161, S. 164, and S. 167 came in to effect?
(a) 31-12-2009
(b) 31-11-2009
(c) 30-10-2009
(d) 30-09-2009
1406. Which amended section of Cr. P.C. came into effect in 1-11-2010
(i) S. 41
(ii) S. 41A
(iii) S. 41B
(iv) S.41C
(v) S.41D
Codes:
(a) I and II
(b) II
(c) IV and V
(d) I, II, III, IV, V
1407. Assertion- All offences under any other law shall be investigated inquired into, tried, and otherwise
dealt with according to the same provisions.
Reason- but subject to any enactment for the time being in force regulating the manner or place of
investigating inquiring into trying or otherwise dealing with such offences.
(a) assertion is true but the reason is false
(b) both the assertion and the reason are true
(c) both the assertion and the reason do not relate
(d) assertion is true but the reason is incomplete
1408. The term “taking cognizance” under the provisions of Code of Criminal Procedure, 1973 means-
(a) Starting a trial
(b) Completing preliminary requirements for starting a Criminal trial
(c) Taking notice of the matter judicially
(d) An administrative action to decide if criminal trial is required
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1411. The amended S. 2, S. 24, S. 26 of Cr. P.C. came into effect in:
(a) 31-12-2009
(b) 30-11-2009
(c) 29-10-2009
(d) 28-09-2009
1412. Which one of the following is true of Cr. P.C. unless the context otherwise requires:
(a) an offence which is shown as bailable in the First Schedule, or which is made bailable by any
other law for the time being in force; and non-bailable offence means any other offence;
(b) charge includes any head of charge when the charge contains more heads than one and
cognizable offence means a case in which, a police officer may, in accordance with the First
Schedule or under any other law for the time being in force, arrest without warrant;
(c) complaint means any allegation made orally or in writing to a Magistrate, with a view to his
taking action under this Code,that some person whether known or unknown, has committed
an offence, but does not include a police report.
(d) all of them
1413. In which of the following cases it was also held that the expression „public tranquility‟ is not used
in restricted sense of public order as understood under the preventive detention law.
(a) B.B.N. School v. Sist. Mag. Allahabad, 1990 Cr LJ 422 (All)
(b) Chamunny v. State of Kerala, 1979 Cr LJ NOC 151 (Ker)
(c) Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132, 135.
(d) Ramanlal Bhogilal Patel v. N. H. Sethna, 1971 Cr LJ 435.
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(c) nomenclature is immaterial
(d) all of them
1417. _______ can proceed under section 340 of the Code of Criminal Procedure, 1973 and hold a
preliminary enquiry.
I. Civil Court
II. Revenue Court
III. Criminal Court
(a) I and II
(b) II and III
(c) III and I
(d) I, II and III
1418. Under section 340 of the Code of Criminal Procedure, 1973 the Court can-
II. Move suo motu
III. Not move suo motu
IV. Move on the application made by a stranger
V. Move on the application made by one of the parties
(a) I and III
(b) I and IV
(c) II, III and IV
(d) I, III and IV
1419. Which of the following deals with appeals from convictions under section 344, 345, 349 and 350
Cr. PC?
(a) Section 351 Cr. P.C.
(b) Section 287 Cr. P.C.
(c) Section 388 Cr. P.C.
(d) Section 458 Cr. P.C.
1420. Which of the following deals with the summary procedure for punishment for non-attendance by a
witness in obedience to summons?
(a) Section 339 Cr. P.C.
(b) Section 287 Cr. P.C.
(c) Section 388 Cr. P.C.
(d) Section 350 Cr. P.C.
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1422. Section 34 Cr. P.C. states?
(a) the High Court or the State Government, as the case may be, may withdraw all or any of the
powers conferred by it under this Code on any person or by any officer subordinate to it
(b) any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be
withdrawn by the respective Magistrate by whom such powers were conferred
(c) references to the High Court in addition to the State Government, has been considered
necessary since in many places the High Court is being made authority for conferring power
injudicial matters
(d) all of them
1424. Which of the following deals with concurrent power of Central Government in case of death sentences?
(a) Section 434 Cr. PC,
(b) Section 287 Cr. P.C.
(c) Section 435 Cr. P.C.
(d) Section 315 Cr. P.C.
1425. Which of the following requires State Government to act after consultation with Central
Government in certain cases?
(a) Section 282 Cr. P.C.
(b) Section 435 Cr. P.C.
(c) Section 413 Cr. P.C.
(d) Section 415 Cr. P.C.
1426. Which of the following requires State Government to act after consultation with Central
Government in certain cases?
(a) Section 282 Cr. P.C.
(b) Section 435 Cr. P.C.
(c) Section 413 Cr. P.C.
(d) Section 415 Cr. P.C.
1428. The provision by which a Magistrate may dispense with the attendance of witness and issue a
commission for the examination of the witness is given in:
(a) Section 265 Cr. P.C.
(b) Section 387 Cr. P.C.
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(c) Section 284 Cr. P.C.
(d) Section 289 Cr. P.C.
1429. In which of the following cases, the court may make an order requiring the officer-in-charge of a
prison to produce a prisoner before the court?
(a) For answering to a charge of offence, or for the purpose of any proceedings against him
(b) When it is necessary for the ends of justice to examine such person as a witness,
(c) Either (a) or (b)
(d) None of the above
1430. Who among the following has the power to direct that any person or class of persons shall not be
removed from the prison in which he or they may be confirmed or detained, and thereupon, so long
as the order remains in force as provided under section 268 of the Code of Criminal Procedure?
(a) Chief Judicial Magistrate
(b) High Court
(c) Magistrate having jurisdiction
(b) State Government
1431. Before making an order under sub- section (1) of section 268 of the Code of Criminal Procedure,
to exclude certain persons from the operation of section 267, which of the following matters
should be considered by the State Government?
(a) The nature of the offence for which, or the grounds on which the person or class of persons
has been ordered to be confined or detained in prison
(b) The likelihood of the disturbance of public order if the person or class of persons is allowed to
be removed from the prison
(c) The public interest, generally
(d) All of the above
1432. In which of the following cases, the officer in charge of the prison shall abstain from carrying out
the court‟s order under section 267 of the Code of Criminal Procedure?
(a) Where the person in respect of whom an order is made; is by reason of sickness or infirmity
unfit to be removed from the prison
(b) Where the person in respect of whom an order is made is wider committal for trial or under
remand pending trial or pending a preliminary investigation
(c) Where the person in respect of whom an order is made is in custody for a period which would
expire before the expiration of the time required for complying with the order and for taking
him back to the prison in which he is confined or detained
(b) All of the above
1433. When personal attendance of an accused is dispensed with, all evidence shall be taken in the
(a) Absence of accused or his pleader
(b) Presence of his authorized representative
(c) Presence of his pleader
(d) None of the above
1434. The words „may take cognizance‟ in section 190 of the Code of Criminal Procedure, 1973 mean
„must take cognizance‟. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
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1435. In which of the following cases, the Supreme Court distinguished the powers of a magistrate to
order investigation under Sections 156(3) and 202(1) of the Code of Criminal Procedure?
(a) Devarapalli Lakshminarayana Reddy v Narayana Reddy
(b) Rosy v State of Kerala
(c) Mohd Yousuf v Afaq Jahan
(d) None of the above
1436. In which of the following cases, the Supreme Court held that „It seems to us clear from the entire
scheme of Chapter 16 of the Code of Criminal Procedure that an accused person does not come
into the picture at all till process is issued. This does not mean that he is precluded from being
present when an enquiry is held by a magistrate. He may remain present either in person or
through a counsel or agent with a view to be informed of what is going on. But since the very
question for consideration being whether he should be called upon to face an accusation, he has no
right to take part in the proceedings nor has the magistrate any jurisdiction to permit him to do so.
It would follow from this therefore, that it would be open to the magistrate to put any question to
witnesses at the instance of the person named as accused but against whom process has not been
issued, nor can he examine any witnesses at the instance of such person‟?
(a) Devarapalli Lakshminarayana Reddy v Narayana Reddy
(b) Rosy v State of Kerala
(c) Chandra Deo Singh v Prakash Chandra Bose
(d) None of the above
1437. The following facts are taken from the case of State of Orissa v Sarath Chandra Sahu AIR 1997 SC
1. Accused is the husband of complainant who made a complaint in writing to the women‟s
commission setting out therein that accused had contracted a second marriage and had thus
committed an offence punishable under section 494 IPC. It was also alleged that ever since the
marriage with her, he had been making demands for money being paid to him which amounted to
her harassment and constituted the offence punishable under section 498A IPC. The women‟s
commission sent the complaint to the police station where G R case No. 418 of 1993 was
registered against accused. The police investigated the case and filed a charge sheet in the court of
sub divisional judicial magistrate, Anandpur, who, after perusal of the charge sheet, framed
charges against the accused under section 498A as also under section 494 IPC. The accused
approached the High Court to quash the proceedings on the ground that the women‟s commission
has no locus standi to file a complaint in view of section 198 of the Code of Criminal Procedure.
The Supreme Court held that
(a) Proceedings are liable to be quashed since complaint can be filed only by an aggrieved person
(b) Proceedings are not liable to be quashed since it is a cognizable case (as one offence is cognizable)
(c) Proceedings are liable to be qua- shed since the police investigated the matter without the
leave of the magistrate
(d) None of the above
1438. Is the examination of all witnesses cited in the complaint, sine qua non for taking cognizance by a
magistrate in a case exclusively triable by the court of session?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1439. In which of the following cases a court of session can take cognizance of an offence without the
case being committed to it?
(a) Where a complaint is filed under the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989
(b) Cases falling under section 195 of CrPC
(c) Where an offence is alleged to have been committed against the President of India
(d) None of the above
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1440. Where the magistrate after taking cognizance of the offence and on perusal of the records is
satisfied that there are prime facie grounds for issuing process against certain persons not
mentioned in the police report,
(a) He can issue process against them
(b) He cannot issue process against him
(c) He can issue process only at the time of framing of charge
(d) None of the above
1441. The accused had committed offences punishable under section 323 of the Indian Penal Code and
section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The final report was submitted by the police before the special court notified under section 14 of
the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The special court
conducted the trial and convicted the accused. In the appeal, it is argued that the trial and
conviction are vitiated in view of section 193 of the Code of Criminal Procedure. Decide
(a) Trial and Conviction are void
(b) Trial and Conviction are not void
(c) Depends
(d) None of the above
1442. In which of the following cases, the Supreme Court held that notwithstanding the infraction of the
provisions of section 193 of the Code of Criminal Procedure, the completed trial need not be set
aside and a de novo trial cannot and need not be directed?
(a) State of MP v Bhoorajui
(b) Ksihun Singh v State
(c) Dharam Pal v State
(d) None of the above
1443. In which of the following cases, the Supreme Court held that „Neither in the Code nor in the Act
there is any provision whatsoever not even by implication that the specified court of session
(special court) can take cognizance of the offence under the Act as a court of original jurisdiction
without the case being committed to it by a magistrate. If that be so, there is no reason to think that
the charge sheet or a complaint can straight away be filed before such special court for offences
under the Act. It can be discerned from the hierarchical settings of criminal courts that the court of
session is given a superior and special status. Hence, we think that the Legislature would have
thoughtfully relieved the court of session from the work of performing all the preliminary
formalities which magistrates have to do until the case is committed to the court of session.‟
(a) Gangula Ashok v State of Andhra Pradesh
(b) Ksihun Singh v State
(c) Dharam Pal v State
(d) None of the above
1444. Which of the following sections of the Code of Criminal Procedure deals with prosecution for
contempt of lawful authority of public servants, for offences against public justice and for offences
relating to documents given in evidence?
(a) Section 195
(b) Section 196
(c) Section 197
(d) Section 198
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1445. Cognizance of which of the following offences cannot be taken except on the complaint in writing
of that court or by such officer of the court as that court may authorise in writing in this behalf, or
of some other court to which that court is subordinate?
(a) Of any offence punishable under sections 193 to 196 (both inclusive), 199, 200, 205 to 211
and 228 of the Indian Penal Code, when such offence is alleged to have been committed in, or
in relation to, any proceeding m any court
(b) Of any offence described m section 463, or punishable under section 471, section 475 or
section 476 of the Indian Penal Code, when such offence is alleged to have been committed in
respect of a document produced or given in evidence in a proceeding in any court
(c) Both (a) and (b)
(d) None of the above
1446. Which of the following interpretation is true and correct regarding section 195 of the Code of
„Criminal Procedure, 1973?
(a) When an offence described in section 463 or punishable under section 471, section 475 or
section 476 IPC is alleged to have been committed in respect of a document which is
subsequently produced or given in evidence in a proceeding in any court a complaint by the
court would be necessary as held in Surjit Singh v Balbir Singh 1996(3) SCC 533
(b) If the offence as described in the section is committed prior to production or giving in
evidence of the document in court, no complaint by court would be necessary and a private
complaint would be maintainable as held in Sachida Nand Singh v State of Bihar 1998 (2)
SCC 493
(c) Both (a) and (b)
(d) None of the above
1447. The conflict between the judgments in Surjit Singh v Balbir Singh 1996 (3) SCC 533, 1996 SCC
(Cri) 521) and Sachida Nand Singh v State of Bzhar 1998 (2) SCC 493, 1998 SCC (Cri) 660
regarding interpretation of section l95(1)(b)(ii) of the Code of Criminal Procedure, 1973 has been
finally settled by the constitution bench in
(a) Selvi v State
(b) Iqbal Singh Marwa v Meenakshi Marwa
(c) Prya Patel v State
(d) None of the above
1448. No court shall take cognizance of the offence of any criminal conspiracy punishable under section
120-B of the Indian Penal Code other than a criminal conspiracy to commit an offence punishable
with death, imprisonment for life or rigorous imprisonment for a term of .............. .. year/s or up-
wards, unless the State Government or the District Magistrate has consented in writing to the
initiation of the proceedings.
(a) Five
(b) Three
(c) Two
(d) One
1449. The Central Government or the State Government may, before according sanction under section
196 of the Code of Criminal Procedure, order a preliminary investigation by a police officer not
being below the rank of ………………..
(a) DYSP
(b) SP
(c) Inspector
(d) Head Constable
204
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1450. Police received an information relating to an offence punishable under section 153A of the Indian
Penal Code. Police registered an FIR and started the investigation. The accused approached the
High Court for quashing the FIR and all further proceedings on the ground that no sanction under
section 196 of the Code of Criminal Procedure was obtained. Decide
(a) FIR is liable to be quashed
(b) FIR is not liable to be quashed
(c) No proceedings can be quashed for want of sanction
(d) None of the above
1451. A magistrate took cognizance of the offences under section 153A, 153B, 504 and 506(2) of the
Indian Penal Code without sanction of the Government or District Magistrate. The accused
approached the High Court for quashing the proceedings on the ground that no sanction under
section 196 of the Code of Criminal Procedure was obtained. The High Court partly allowed the
prayer and directed to continue the trial of offences for which sanction is not required. The
magistrate can continue the trial for offences punishable under sections........ of the Indian Penal
Code, 1860.
(a) 504
(b) 506(2)
(c) 504 and 506(2)
(d) None of the above
1452. Which of the following sections of the Code of Criminal Procedure deals with the prosecution of
judges and public servants?
(a) Section 195
(b) Section 197
(c) Section 198
(d) Section 199
1453. Where the alleged offence was committed by a person referred to the clause (b) of section 197(1)
of the Code of Criminal Procedure during the period while a proclamation issued under clause (1)
of Article 356 of the Constitution was in force in a State, the sanction must be obtained from the '
(a) District Magistrate
(b) High Court
(c) Central Government
(d) None of the above
1454. No court shall take cognizance of any offence alleged to have been committed by any member of
the Armed Forces of the Union while acting or purporting to act in the discharge of his official
duty, except with the previous sanction of the
(a) Supreme Court
(b) President of India
(c) Central Government
(d) None of the above
1455. A criminal complaint was filed against the Commissioner of Police under section 420 of the Indian
Penal Code. The magistrate took cognizance of the offence and issued process to the accused. The
accused approached the High Court for quashing the proceedings on the ground that no sanction
under section 197 of the Code of Criminal Procedure was obtained. Decide
(a) Proceedings are liable to be quashed
(b) Proceedings are not liable to be quashed
(c) Depends
(d) None of the above
205
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1456. A customs officer was charged for an offence under section 403 of the Indian Penal Code for
dishonestly converting goods seized by him during his official duty. The magistrate took
cognizance of offence and issued process to the accused. The accused approached the High Court
for quashing the proceedings on the ground that no sanction under section 197 of the Code of
Criminal Procedure was obtained. Decide
(a) Proceedings are liable to be quashed
(b) Proceedings are not liable to be quashed
(c) Depends
(d) None of the above
1457. Is a suspect entitled to hearing by the revisional court in a revision preferred by the complainant
challenging an order of the magistrate dismissing the complaint„?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1458. The accused ran away on seeing the police. The police officer used a towel around the neck to
apprehend the accused. Can the protection under section I97 of the Code of Criminal Procedure be
extended to the police officer?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1459. In which of the following cases, the Supreme Court held that the members of Parliament and
Legislative Assemblies are public servants?
(a) P V NaraSimha Rao v CBI
(b) K Karunakaran v State
(c) K Veera Swamy v Union of India
(d) None of the above
1460. In which of the following cases, the Supreme Court held that the Chief Minister of a State is a
public servant.
(a) Jayalalitha v State
(b) Karunanidhi v Union of India
(c) K Veera Swamy v Union of India
(d) None of the above
1461. In which of the following cases, the Supreme Court held that a member of Parliament enjoys
immunity under Art. 105 of the Constitution from prosecution for accepting bribe for the purpose
of speaking or by giving his vote in Parliament?
(a) V C Shukla v State
(b) P V Narasimha Rao v CBI
(c) Lalu Yadav v CBI
(d) None of the above
1462. The necessity for previous sanction is made applicable to former public servants also by using the
words „when any person who is or was a public servant‟ by amending
(a) Section 197 of CrPC
(b) Section 19 of the Prevention of Corruption Act
(c) Both (a) and (b)
(d) None of the above
206
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1463. Sanction under section 19 of the Prevention of corruption Act 1988 and sanction under section 197
of the Code of Criminal Procedure operates in conceptually
(a) Same fields
(b) Different fields
(c) Similar fields
(d) None of the above
1464. In which of the following cases, the Supreme Court held that „Governor can give sanction in his
discretion without the aid of council of ministers‟?
(a) M P Spl Police Establishment v State of M P
(b) K Karunakaran v State of Kerala
(c) Lalu Yadav v CBI
(d) None of the above
1465. In which of the following cases, a seven judge bench of the Supreme Court considered whether the
Governor could act by personally applying his mind and/or whether under all circumstances, he
must act only on the aid and advice of the council of ministers?
(a) M P Spl Police Establishment v State of M P
(b) Samsher Singh v State of Punjab
(c) Lalu Yadav v CB1
(d) None of the above
1467. In which of the following cases, the Supreme Court fixed a time limit for the grant of sanction?
(a) Prakash Singh v Union of India
(b) Vineet Narain v Union of India
(c) PUCL v Union of India
(d) None of the above
1468. What was the time limit fixed by the Supreme Court for the grant of sanction?
(a) One year
(b) Six months
(c) Three months
(d) None of the above
1469. A police officer conducted a search without warrant in connection with an offence of dacoity. The
accused filed a private complaint against the officer alleging that the police officer had personal ill-
will against the accused. Is the police officer entitled to protection under section 197 of the Code
of Criminal Procedure, 1973?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1470. In which of the following cases, me Supreme Court held that „one safe and sure test regarding the
applicability of section 197 of CrPC, would be to consider if the omission or neglect on the part of
the public servant to commit the act complained of could have made him answerable for a charge
of dereliction of his official duty. If the answer to this question is in the affirmative, it may be said
that such act was committed by the public servant while acting in the discharge of his official duty
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and there was every connection with the act complained of and the official duty of the public
servant‟?
(a) K Karunakaran v State
(b) P J Thomas v State
(c) Centre for PIL v Union of India
(d) None of the above
1471. In which of the following cases, some other person other than the aggrieved may, with the leave of
the court, make a complaint under Chapter XX on his or her behalf?
(a) Where such person is under the age of eighteen years
(b) Where such person is an idiot or a lunatic, or is from sickness or infirmity unable to make 'a
complaint
(c) Where such person is a woman who, according to the local customs and manners, ought not to
be compelled to appear in public
(d) Any one of the above
1472. What is the period of limitation for taking cognizance of an offence under section 376 of the Indian
Penal Code (45 of 1860), where such offence consists of sexual intercourse by a man with his own
wife, and the wife being under eighteen years of age?
(a) One year
(b) Two years
(c) Three years
(d) None of the above
1473. The Constitutional validity of section 198(2) of the Code of Criminal Procedure was upheld by the
Supreme Court in
(a) Rajathi v Ganesan
(b) Revathi v State
(c) Soumithri Vishnu v Union of India
(d) None of the above
1474. In which of the following cases, some other person other than the aggrieved may, with the leave of
the court, make a complaint under Chapter XXI on his or her behalf?
(a) Where such person is under the age of eighteen years
(b) Where such person is an idiot or a lunatic, or is from sickness or infirmity unable to make a
complaint
(c) Where such person is a woman who, according to the local customs and manners, ought not to
be compelled to appear in public
(d) Any one of the above
1475. When an offence of defamation is committed against the President of India, the complaint can be
filed by the
(a) President of India only
(b) Attorney General of India only
(c) Public Prosecutor
(d) None of the above
1476. Which of the following courts is competent to take cognizance of the offence when an offence of
defamation is committed against the President of India?
(a) High Court
(b) Supreme Court
(c) Court of Session
(d) Judicial Magistrate
208
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1477. Which of the following course can be adopted where a magistrate chooses to take cognizance?
(a) He can peruse the complaint and if satisfied that there are sufficient grounds for proceeding he
can straightaway issue process to the accused
(b) The magistrate can postpone the issue of process and direct an enquiry by himself
(c) The magistrate can postpone the issue o process and direct an enquiry by any other person or
an investigation by the police
(d) Any one of the above
1478. A magistrate ordered an investigation under section 156(3) of the Code of Criminal Procedure. The
police submitted the refer report to the magistrate. On perusal of the records he was satisfied that
there are prime facie grounds for issuing process against certain persons
(a) He can issue process against them
(b) He cannot issue process against him
(c) He can issue process only at the time of framing of charge
(d) None of the above
1479. If a police report is made by the investigating police officer under section 173 of the Code of
Criminal Procedure and on such report cognizance of any offence is taken by the magistrate against
any person who is also an accused in a complaint case in respect of the same offence, the magistrate
shall inquire into or try together the complaint case and the case arising out of the police report
(a) As if both the cases were instituted on a police report
(b) As if both the cases were instituted on complaint case
(c) As per the procedure of Police report and complaint case, respectively
(b) None of the above
1480. The power to direct investigation under section 156(3) of the Code of Criminal Procedure arises
(a) Whenever a complainant prays for such investigation
(b) When a first information report is refused to be lodged
(c) When the statutory power of investigation for some reason or the other is not exercised
(d) Either (b) or (c)
1481. A charge sheet was filed by the police alleging an offence of rape against the accused. During the
committal proceedings, the magistrate finds that there is no prima facie evidence or the evidence is
totally unworthy of credit. Can the committal court discharge the accused?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1482. The Circle Inspector of police filed the final report under section 173(2) of the Code of Criminal
procedure charge sheeting 10 accused persons. Thereafter, at the instance of the Superintendent of
Police, a further investigation was conducted with the permission of the magistrate. After further
investigation the Circle Inspector of police filed the supplementary final report in which he charge-
sheeted accused No 1 to 8 alone and excluded accused No 9 and 10. The magistrate while
committing the case came to the conclusion that even though accused No 9 and 10 were deleted
from the supplementary final report, the magistrate was entitled to fall back upon the final report
under section 173(2) of CrPC and accordingly committed the case of the petitioners also to the
court of session under section 209 of CrPC. Decide
(a) The magistrate has the power to add the accused
(b) The magistrate exceeded his jurisdiction
(c) Depends
(d) None of the above
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1483. In which of the following cases, the Supreme Court held that it is impermissible for the committal
magistrate either to add to or subtract from the array of the accused mentioned in the final report?
(a) Raj Kishore Prasad v State Bihar
(b) Manu Sharma v State
(c) Sajjan Kumar v CBI
(d) None of the above
1484. An investigation under section ……………… of the Code of Criminal Procedure can be ordered
before and after taking cognizance of an offence.
(a) 156(3)
(b) 202
(c) 173(8)
(b) Any of the above
1485. In which of the following cases, Justice S B Sinha expressed doubt over the dictum of Sakiri Vasu
case AIR 2008 SC 907?
(a) Jaswant v State of Rajasthan
(b) Sisharam Satlingappa v State of Maharashtra
(c) Sajjan Kumar v CBI
(d) None of the above
1486. Whether a court of session to which a case is committed for trial by a magistrate can, without itself
recording evidence, summon a person not named in the police report presented under section 173
of the Code of Criminal Procedure, 1973 to stand trial along with those already named therein, in
exercise of power conferred by section 193 of the Code?
(a) Yes, in view of Kishun Singh v State of Bihar AIR 1993 (2) SCC 16
(b) No, in view of Ranjit Singh case 1998 SCC (Cri) 1554
(c) Matter referred to a larger bench in Dharam Pal v State (2004) (13) SCC 9
(b) None of the above
1487. No Court shall take cognizance of any offence punishable under Sections 172 to 188 of the Indian
Penal Code except
(a) On the complaint in writing of the public servant concerned or of some other public servant to
whom he is administratively subordinate
(b) With the sanction of the Central Government
(c) With the sanction of the State Government
(d) None of the above
1488. Which of the following is the first among the series of actions which can be undertaken by a
magistrate on receipt of a complaint?
(a) Inquiry under section 202 of CrPC
(b) Taking cognizance of the offence
(c) Issuance of process
(d) None of the above
1489. „No court of session shall take cognizance of any offence as a court of original jurisdiction unless
the case has been committed to it by a magistrate‟. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
210
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1490. The accused obtained the sale deed of the property of a widow by setting up of an impostor and
thereafter filed a mutation application before the Tahsildar. The widow contested the mutation
application on the ground that she never executed the sale deed and thereafter filed a criminal
complaint under sections 465, 468 and 471 of the Indian Penal Code in which the accused were
convicted. In appeal, it was contended that the private complaint was barred by virtue of section
195(1)(c) of the Code of Criminal Procedure and the revenue court alone could have filed the
complaint. Decide
(a) Private complaint is barred
(b) Private complaint is not barred
(c) Only an enquiry under section 340 of CrPC can be done
(d) None of the above
1491. A filed a civil suit for refund of Rs 20,000 which they claimed to have deposited with B and for
recovery of certain amount. Along with the plaint A produced a receipt for Rs 20,000 in support of
their claim. Thereafter, B filed a criminal complaint against A alleging forgery of his signature on
the money receipt and thereby commission of offences punishable under section 467 and 471 of
the Indian Penal Code, 1860.
(a) Private complaint is barred
(b) Private complaint is not barred
(c) Only an enquiry under section 340 of CrPC can be done
(d) None of the above
1492. No court shall take cognizance of any offence punishable under Chapter VI r section 153 A section
295-A or sub-section (1) of section 505 of the Indian Penal Code except with the previous sanction
of the
(a) Central Government
(b) State Government
(c) District Magistrate
(d) Either (a) or (b)
1493. No court shall take cognizance of any offence punishable under section 153-B or sub-section (2) or
sub-section (3) of section 505 of the Indian Penal Code except with the previous sanction of the
(a) Central Government
(b) State Government
(c) District Magistrate
(d) Either (a) or (b) or (c)
1494. The procedure for filing a complaint by the court as contemplated by section 'l95(1) of the Code of
Criminal Procedure is given in section ...... ..of the Code.
(a) 195A
(b) 196A
(c) 340
(d) 339
1495. Procedure in cases mentioned in section 195 is described in section.... of the Code of Criminal
Procedure.
(a) Section 340
(b) Section 350
(c) Section 345
(d) Section 355
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1496. Can a civil court conduct an inquiry under section 340 of the Code of Criminal Procedure?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1497. If the forgery was committed prior to the production of the document before court, no enquiry
under section 340 of the Code of Criminal Procedure may be necessary. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1498. If the forgery was committed while the document was in the custody of a court, then prosecution
can be launched only with a complaint made by the
(a) Court
(b) Prosecutor
(c) Advocate General
(d) None of the above
1499. Which of the following constitution bench judgments of the Supreme Court deals with scope and
ambit of section 340 of the Code of Criminal Procedure?
(a) Iqbal Singh Marwah v Meenakshi Marwah
(b) Sheo Nandan Paswan v State of Bihar
(c) Bhajan Lal v State
(d) None of the above
1500. Is the procedure under section 340 of the Code of Criminal Procedure applicable to arbitration
proceedings?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1501. A charge sheet is filed by the police in respect of an offence covered under section 195 read with
section 340 of the Code of Criminal Procedure. Can the court take cognizance of the offence on
the basis of the charge sheet?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1502. When, upon an application made under section 340 of CrPC, any court is of opinion that it is
expedient in the interests of justice that an inquiry should be made into any offence referred to in
clause (b) of sub-section (l) of section 195, which appears to have been committed in or in relation
to a proceeding in that court or, as the case may be, in respect of a document produced or given in
evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it
thinks necessary
(a) Conduct the trial of the offence by itself
(b) Make a complaint in writing and send it to the magistrate having jurisdiction
(c) Refer the case to police for an investigation
(d) None of the above
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1503. A magistrate to whom a complaint is made under section 340 or section 341 of the Code of
Criminal procedure shall proceed, as far as may be, to deal with the case as if it were instituted
(a) On a police report.
(b) Otherwise than on a police report
(c) Either (a) or (b)
(d) None of the above
1504. If, at the time of delivery of any judgment or final order disposing of any judicial proceeding, a
court of session or magistrate of the first class expresses an opinion to the effect that any witness
appearing. in such proceeding had knowingly or willfully given false evidence or had fabricated
false evidence with the intention that such evidence should be used in such proceeding, it or he
may, if satisfied that it is necessary and expedient in the interest of justice that the witness should
be tried for giving or fabricating, as the case may be, false evidence,
(a) Conduct the trial of the offence by itself
(b) Make a complaint in writing and send it to the magistrate having jurisdiction
(c) Refer the case to police for an investigation
(d) None of the above
1505. In a sessions case, the judge acquitted the accused alter taking the prosecution evidence without
questioning him under section 313 of the Code of Criminal Procedure and before taking defence
evidence. Is it legal?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1506. If additional evidence is taken by the appellate court, is it necessary to examine the accused under
section 313 of the Code of Criminal Procedure again?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1507. The sentence of fine constitutes a liability on the estate of the accused. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1508. Where the appeal is against ........ .. and the appellant dies during the pendency of the appeal, any of
his near„ relatives may apply to the appellate court for leave to continue the appeal.
(a) Acquittal
(b) Conviction
(c) An appeal from a sentence of fine
(d) None of the above
1509. In an appeal against a conviction and sentence of death or of imprisonment, and the appellant dies
during pendency the appeal, any of near relatives may, within ………. days of the death of the
appellant apply to the appellate Court for leave to continue the appeal and if leave is granted, the
appeal shall not abate.
(a) 30
(b) 45
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(c) 60
(d) 90
1510. The ...... .. has a choice of selecting the witnesses to be examined from the list of prosecution
witnesses.
(a) Court
(b) Prosecutor
(c) Accused
(d) None of the above
1511. A prosecution witness was examined by the prosecution and cross examined by the accused. When
the accused was called for adducing defence evidence, he filed an application under section 233(3)
to examine the the same witness as a defence witness. Decide
(a) Petition may be allowed
(b) Petition is liable to be dismissed
(c) Depends
(d) None of the above
1512. In which of the following cases, the Supreme Court held that „once a witness is examined as a
prosecution witness, he cannot be allowed to perjure himself by resiling from the testimony given
in court on oath by filing affidavit stating that whatever he had deposed before court as prosecution
witness was not true and was done so at the instance of the police‟?
(a) Yakub Ismail Bhai Patel v State of Gujarat
(b) Gurbaksh Singh v State of Punjab
(c) Ghurey Lal v State of UP
(d) None of the above
1513. In a case the accused was found guilty and sentence was pronounced on the same day. Is it legal?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1514. Which of the following sections of the Code of Criminal Procedure authorises the magistrate to
discharge an accused in a warrant case, instituted on a police report?
(a) Section 239
(b) Section 240
(c) Section 245
(d) No such power exists in warrant cases
1515. An accused has no right to cross-examine the witnesses examined by the prosecution under section
244 of the Code of Criminal Procedure. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1516. Which of the following sections of the Code of Criminal Procedure authorises the magistrate to
discharge an accused in a warrant case, instituted otherwise than on a police report?
(a) Section 244
(b) Section 245
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(c) Section 246
(d) No such power exists in warrant cases
1517. Which of the following conditions is/are required to be satisfied before discharging the accused
under section 249 of the Code of Criminal Procedure?
(a) Proceedings must have been instituted upon complaint
(b) The offence may be lawfully compounded or non-cognizable
(c) Both (a) and (b)
(d) None of the above
1518. In a case the proceedings have been instituted upon complaint under section 506(2) of IPC, and on
a day, after charge was framed, fixed for the examination of witness, the complainant was absent.
(a) The magistrate can acquit the accused
(b) The magistrate can discharge the accused
(c) The magistrate cannot discharge or acquit the accused after framing of Charge for non-
appearance of parties
(d) None of the above
1519. Which of the following sections of the Code of Criminal Procedure, 1973 authorises a magistrate
to award compensation for accusation without reasonable cause?
(a) Section 248
(b) Section 249
(c) Section 250
(d) Section 251
1520. What is the maximum amount of compensation which can be awarded by a judicial magistrate of
the first class for accusation without reasonable cause under section 250 of the Code of Criminal
Procedure, 1973?
(a) Rs 1,000
(b) Rs 5,000
(c) Rs 10,000
(d) Rs 15,000
1521. What is the maximum period of default sentence which can be awarded for non-payment of
compensation for accusation without reasonable cause under section 250 of the Code of Criminal
Procedure, 1973?
(a) 15 days
(b) 30 days
(c) 60 days
(d) 90 days
1522. When an order for payment of compensation to an accused person is made in a case which is
subject to appeal under sub-section (6) of section 250 of „the Code of Criminal Procedure, the
compensation shall not be paid to him before the period allowed for the presentation of the appeal
has elapsed, or, if an appeal is presented, before the appeal has been decided; and where such order
is made in a case which is not so subject to appeal the compensation shall not be paid before the
expiration of ........... ..month/s from the date of the order.
(a) 1
(b) 2
(c) 3
(d) 6
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1523. A had prosecuted B on charges of cheating, criminal breach of trust, etc. B was acquitted of the
charges by the presiding officer of the court who issued simultaneously a notice to A as to why he
should not be ordered to pay compensation under section 250 of the Code of Criminal Procedure.
By the time A could give his response, the presiding officer got changed. The succeeding
magistrate ordered Rs 6000 as compensation to the accused. Examine the legality of the order?
(a) The order is legal
(b) The order is illegal since he had no jurisdiction to award compensation of more than Rs
5000/-
(c) The order is illegal since a succeeding magistrate has no jurisdiction to invoke powers under
section 250.
(d) None of the above
1524. In which of the following cases, magistrate can issue summons to witnesses before the framing of
charge?
(a) In any warrant case instituted on police report under section 240 of CrPC
(b) In any warrant case instituted otherwise than on police report under section 244 of CrPC
(c) In any summons case instituted otherwise than on police report under section 253 of CrPC
(d) None of the above
1525. To discharge an accused under section 245 of the Code of Criminal Procedure, the magistrate has
to consider
(a) whether a prima facie case is made out
(b) whether the charges are groundless
(c) whether any case against the accused is made out, which, if un-rebutted, would warrant his
conviction
(d) None of the above
1526. A magistrate has no power to discharge the accused in a warrant case instituted otherwise than on
police report before the stage of section 245. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1527. A magistrate can discharge an accused in a warrant case instituted otherwise than on police report
before the stage of section 245 if
(a) The complainant is absent
(b) The charges are groundless
(c) A case against the accused is made out, which, if un-rebutted, would warrant his conviction
(d) None of the above
1528. In a warrant trial instituted otherwise than on police report, the complainant gets two opportunities
to lead evidence, firstly, before the charge is framed and secondly, after the charge. The statement
is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1529. Can the charges be framed against the accused in a case instituted otherwise than on police report
without taking evidence under section 244 of the Code of Criminal Procedure, 1973?
(a) Yes
(b) No
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(c) Depends
(d) None of the above
1530. In which of the following cases, the Supreme Court held that a magistrate cannot frame charges
against the accused in a case instituted otherwise than on police report without taking evidence
under section 244 of the Code of Criminal Procedure, 1973?
(a) Ajoy Kumar Ghosh v State
(b) T C Mathai v District and Sessions Judge
(c) Mukul Dalal v Union of India
(d) None of the above
1531. In which of the following cases, the Supreme Court held that the right of cross examination is a
very salutary right and the accused would have to be given an opportunity to cross examine the
witnesses, who have been offered at the stage of section 244(1) CrPC?
(a) Ajay Kumar Ghosh v State
(b) Kamalananda v State
(c) Krishnan v State
(d) None of the above
1533. Section 256 of the Code of Criminal Procedure deals with the acquittal of accused for
(a) Non-appearance of the complainant
(b) Death of the complainant
(c) Either (a) or (b)
(d) None of the above
1534. Can the magistrate dispense with the first appearance of the accused in response to a summons
from the magistrate?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1535. In which of the following cases, the Supreme Court held that in appropriate cases the magistrate
can allow an accused to make even the first appearance through a counsel?
(a) J K International v State
(b) T C Mathai v District and Sessions Judge
(c) Bhasker Industries Ltd v Bhivani Denim and Apparels Ltd
(d) None of the above
1536. Which of the following precautions the court should take in a situation when the personal
appearance of the accused is dispensed with?
(a) An undertaking from the accused that he shall appear any time be taken
(b) An undertaking from the accused that he shall not dispute identity of accused, be taken from
accused
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(c) Both (a) and (b)
(d) None of the above
1537. The complainant lodged a complaint before the additional chief metropolitan magistrate for an
offence punishable under section 138 of the Negotiable Inst1'uments Act against a company and its
directors. The magistrate issued summons to the accused in the complaint. On receipt of the
complaint, the 1st accused company filed a petition for discharge before the magistrate on the
ground that the magistrate could not have taken cognizance of the offence because of defect in the
statutory notice. Decide
(a) Petition may be allowed since it is mandatory to file the complaint under section 138 of the
Negotiable Instruments Act within the statutory period
(b) Petition may not be allowed since it can be decided during trial only
(c) Petition is not maintainable since there is no power of discharge in summons cases
(b) None of the above
1538. A lodged a complaint before the magistrate for an offence punishable under section 138 of the
Negotiable lnstruments Act against B. On the day appointed for the appearance of the accused, the
complainant does not appear when the case was called at 11AM. The magistrate dismissed the
complaint for non-appearance. After half an hour, the complainant appeared and filed a petition to
restore the complaint saying that he met with a minor accident and went to hospital for the first aid.
Decide
(a) Petition may be allowed since he was delayed by half an hour only
(b) Petition may be allowed since delay was not intentional
(c) Petition is not maintainable since the magistrate has no power to review his own order
(d) None of the above
1540. When a complaint is dismissed by a magistrate under section 256(1) of the Code of Criminal
Procedure, the proper remedy available to the complainant is to
(a) File a restoration petition
(b) File a criminal revision
(c) File an appeal by special leave
(d) File a petition under section 482
1541. On a complaint filed by A, the accused B was summoned by the magistrate. B failed to appear in
court in obedience of summons and hence, non bailable warrants were issued against him, from
time to time. The warrants were returned unexecuted. On one of the days on which warrant was
returned unexecuted, the complainant was absent. The magistrate passed the following order:
„Accused absent, warrant returned unexecuted. Complainant absent. No representation. I do not
find any reason to adjourn the case further. In the result, acquitted the accused under section 256(1)
Cr PC. Decide the legality of the order?
(a) The order is legal since complainant was not present
(b) The order is illegal since on that day the presence of complainant was not necessary
(c) The order is legal since complainant was not represented
(d) None of the above
1542. The complainant died during the proceedings in a complaint case. Can the magistrate allow the
legal heirs to continue the prosecution?
(a) Yes
(b) No
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(c) Depends
(d) None of the above
1543. The accused died during the proceedings initiated against him under section 138 of the Negotiable
Instruments Act, 1881. Can the magistrate allow the prosecution to continue against his legal
heirs?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1544. Can a complaint be dismissed for a singular default in appearance on the part of the complainant?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1545. Under section 257 of the Code of Criminal Procedure a complaint can be withdrawn
(a) before the substance of accusation is read over to the accused
(b) before the examination of witnesses
(c) any time before a final order is assed
(d) None of the above
1546. In a case, a complaint was filed against three accused. Subsequently the complainant filed an
application before the court to withdraw the complaint against two accused. Decide
(a) Complaint can be withdrawn as against all the accused only
(b) Such application may be allowed
(c) Depends
(d) None of the above
1547. When a complaint is withdrawn under section 257 of the Code of Criminal Procedure, the
magistrate shall
(a) Acquit the accused
(b) Discharge the accused
(c) Depends
(d) None of the above
1548. Proceedings can be stopped under section 258 of the Code of Criminal Procedure if it is a
(a) Summons case instituted otherwise than on complaint
(b) Summons case instituted otherwise than on police report
(c) Warrant case instituted on police report
(d) Warrant case instituted otherwise than on police report.
1549. When a magistrate proceeds under section 258 of the Code of Criminal Procedure, he may, for
reasons to be recorded by him,
(a) Stop the proceedings at any stage without pronouncing any judgment
(b) Pronounce a judgment of acquittal where such stoppage of „ proceedings is made after the
evidence of the principal witnesses has been recorded
(c) In any other case, release the accused, and such release shall have the effect of discharge
(d) All of the above are correct
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(c) Depends
(d) None of the above
1551. Which of the following sections of the Code of Criminal Procedure authorises the magistrate to
convert a summons case into a warrant case?
(a) Section 256
(b) Section 257
(c) Section 258
(d) Section 259
1552. When in the course of the trial of a summons case relating to an offence punishable with
imprisonment for a term exceeding ............... .. it appears to the magistrate that in the interests of
justice, the offence should be tried in accordance with the procedure T for the trial of warrant-
cases, such magistrate may proceed to re-hear the case in the manner provided for the trial of
warrant-cases d ma recall any witness who may an have been examined.
(a) Six months
(b) One year
(c) Two years
(d) Three years
1553. When a magistrate holding an inquiry has reason to believe that the person against whom the
inquiry is being held is of unsound mind and consequently incapable of making his defence, the
magistrate shall
(a) Inquire into the fact of such unsoundness of mind
(b) Cause such person to be examined by the civil surgeon of the district or such other medical
officer as the State Government may direct
(c) Examine such surgeon or other officer as a witness, and shall reduce the examination to
writing
(d) All of the above
1554. If at the trial of any person before a magistrate or court of session, it appears to the magistrate or
court that such person is of unsound mind and consequently incapable of making his defence, the
magistrate or court shall, in the first instance, try the fact of such unsoundness and incapacity, and
if the magistrate or court, after considering such medical and other evidence as may be produced
before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall
(a) Postpone further proceedings in the case
(b) Acquit the accused
(c) Discharge the accused
(d) None of the above
1555. Which of the following sections of the Code of Criminal Procedure deals with the judgment of
acquittal on the ground of unsoundness of mind„?
(a) Section 334
(b) Section 336
(c) Section 337
(d) Section 338
1556. When any person is sentenced to death, the sentence shall direct that
(a) He be hanged by the neck till he is dead
(b) He be hanged on a particular date and time
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(c) He be hanged or shot dead
(d) None of the above
1557. Before the coming into force of on a conviction for an offence punishable with death, if the court
sentenced the accused to any punishment other than death, the reason why sentence of death was
not passed had to be stated in the judgment.
(a) The Criminal Procedure Code (Amendment) Act, 1955
(b) The Criminal Procedure Code (Amendment) Act, 1973
(c) The Criminal Procedure Code (Amendment) Act, 1978
(d) None of the above
1558. Every sentence of death passed by the court of sessions shall be submitted to the High Court
(a) For review
(b) For confirmation
(c) For revision
(d) None of the above
1559. In which of the following cases, the Supreme Court held that a person below the age of 18 years, at
the time of commission of the offence may not be sentenced to death?
(a) Dhananjay Chatterjee v State of West Bengal
(b) Om Prakash v State of Harjyana
(c) Harnam v State of UP
(d) None of the above
1560. In which of the following cases, Supreme Court held that public hanging is unconstitutional?
(a) Attorney General of India v Lachma Devi
(b) Om Prakash v State of Haryana
(c) Harnam v State of UP
(d) None of the above
1561. The principle of „rarest of rare cases and the aggravating and mitigating circumstances‟, was first
enunciated in Bachan Singh v State of Punjab, wherein the criteria for determining‟ such cases,
where capital punishment is justified, was also declared and the said principle holds the field even,
now, though a slight deviation appears to have been taken in decision in
(a) Santhosh Bariyar case
(b) Devender pal Singh ‟s case
(c) Dhananjay Chatterji ‟s case
(d) None of the above
1562. Mandatory death punishment prescribed under section 303 of the Indian Penal Code was stuck
down as unconstitutional by the Supreme Court in
(a) Mithu v State of Punjab
(b) Bachan Singh v State of Punjab
(c) Ram Deo Chauhan v State
(d) None of the above
1563. In which of the following cases, the Supreme Court held as ….. If the law provides a mandatory
sentence of death as section 303 of the Penal Code does, neither section 235(2) not section 354(3)
of the Code of Criminal Procedure can possibly come into play. If the court has no option save to
impose the sentence of death, it is meaningless to hear the accused on the question of sentence and
it becomes superfluous to state the reasons for imposing the sentence of death. The blatant reason
for imposing the sentence of death in such a case is that the law compels the court to impose that
sentence. The ratio of Bachan Singh, therefore, is that, death sentence is Constitutional if it is
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prescribed as an alternative sentence for the offence of murder and if the normal sentence
prescribed by law for murder is imprisonment for life.‟?
(a) Mithu v State of Punjab
(b) Bachan Singh v State of Punjab
(c) Ram Deo Chauhan v State
(d) None of the above
1564. In which of the following cases, the Supreme Court held that „the truth of the matter is that the
question of death penalty is not free from the subjective element and the confirmation of death
sentence or its commutation by this court depends a good deal on the personal predilection of the
judges constituting the bench‟?
(a) Swamy Shraddananda v State of Karnataka
(b) Bachan Singh v State of Punjab
(c) Ram Deo Chauhan v State
(d) None of the above
1565. The constitutional validity of section 354(3) of the Code of Criminal Procedure was upheld in
(a) Ediga Annamma v State of Andhra Pradesh
(b) Bachan Singh v State of Punjab
(c) Ram Deo Chauhan v State
(d) None of the above
1566. In which of the following cases, the Supreme Court held that death sentence was not to be awarded
in a case of circumstantial evidence?
(a) Dhara Singh v State
(b) Alok Nath Dutha v State
(c) Ram Deo Chauhan v State
(d) None of the above
1567. In which of the following cases, Justice Pasayat held that the plea that in a case of circumstantial
evidence death should not be awarded is without any logic. If the circumstantial evidence is found
to be of unimpeachable character in establishing the guilt of the accused, that forms the foundation
for conviction?
(a) Dhara Singh v State
(b) Alok Nath Dutha v State
(c) Rameshbhai Chandubhai Rathod v State
(d) None of the above
1568. Which of the following sections of the Code of Criminal Procedure mandates that when the Court
of Session passes a sentence of death, the proceedings shall be submitted to the High Court, and
the sentence shall not be executed unless it is confirmed by the High Court?
(a) Section 366
(b) Section 367
(c) Section 368
(d) Section 369
1569. In which of the following cases, the Supreme Court held that the benefit of probation shall not be
granted to the persons convicted under section 304A of the Indian Penal Code?
(a) Dalbir Singh v State of Haryana
(b) Keshub Mahendra v State
(c) Arun Garg v State
(d) None of the above
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1570. In which of the following cases the Supreme Court held that „the sentence awarded on the same
day of finding guilt is not in accordance with the law‟?
(a) Allauddin Mian v State of Bihar
(b) Jagmohan Singh v State of UP
(c) Arun Garg v State
(d) None of the above
APPEAL
1571. Which of the following sections of the Code of Criminal Procedure mandates that „no appeal shall
lie from any judgment or order of a criminal court except as provided for by this Code or by any
other law for the time being in force?
(a) Section 373
(b) Section 372
(c) Section 371
(d) Section 370
1572. The victim shall not have any right to prefer an appeal against any order passed by the court
acquitting the accused. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1573. The victim shall have a right to prefer an appeal against any order passed by the court
(a) Acquitting the accused
(b) Convicting for a lesser offence
(c) Imposing inadequate compensation
(d) Either (a) or (b) (c)
1575. Any person who has been ordered under section 117 of the Code of Criminal Procedure to give
security for keeping the peace or for good behaviour may appeal against such order to the
(a) Court of Session
(b) Chief Judicial Magistrate
(c) High Court
(d) None of the above
1576. Any person convicted on a trial held by a Sessions Judge may appeal to the
(a) Supreme Court
(b) Principal Sessions Court
(c) High Court
(d) None of the above
1578. Privy Council defined ............ .. as the removal of a cause from an inferior to a superior court for
the purpose of testing the soundness of the decision of the inferior court.
(a) Appeal
(b) Revision
(c) Review
(d) None of the above
1579. In the questions given below are two statements labeled as Assertion (A) and Reason (R). In the
context of the two statements, which of the following is correct?
Assertion (A): Appellate Court cannot and ought not do something which the trial court is not
competent to do.
Reason (R): Appellate jurisdiction is co-extensive with that of the trial court.
(a) Both A and R are true but R is not the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
1580. The accused, a sitting member of Parliament was convicted for an offence under section 304 (Part-
II) of the Indian Penal Code. Immediately after the pronouncement of judgment, he resigned from
the membership of the Lok Sabha. He filed a petition to the appellate court to suspend his
conviction along with his sentence to contest in the elections. Can the appellate court suspend the
conviction?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1581. In which of the following cases, the Supreme Court dealt with the question of suspension of
conviction?
(a) Rama Narang v Ramesh Narang, (1995) 2 SCC 513
(b) K C Sareen v CBI, AIR 2001 SC 3320
(c) Navjot Singh Sidhu v State, AIR 2007 SC 1003
(d) All of the above
1582. Which of the following statements are true and correct regarding the power of the appellate court
in an appeal against acquittal?
(i) An appellate court has full power to review, re-appreciate and reconsider the evidence upon
which the order of acquittal is founded
(ii) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise
of such power and an appellate court on the evidence before it may reach its own conclusion,
both on questions of fact and of law
(iii) Various expressions, such as, „substantial and compelling reasons‟, „good and sufficient
grounds‟, „very strong circumstances‟, „distorted conclusions‟, „glaring mistakes‟, etc. are not
intended to curtail extensive powers of an appellate court in an appeal against acquittal. Such
phraseologies are more in the nature of „flourishes of language‟ to emphasize the reluctance of
an appellate court to interfere with acquittal than to curtail the power of the court to review
the evidence and to come to its own conclusion
(iv) An appellate court, however, must bear in mind that in case of acquittal, there is double
presumption in favour of the accused. Firstly, the presumption of innocence available to him
under the fundamental principle of criminal jurisprudence that every person shall be presumed
to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused
having secured his acquittal, the presumption of his innocence is further reinforced,
reaffirmed and strengthened by the trial court.
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(a) (1) and (ii) only
(b) (ii) and (iii) only
(c) (i), (ii) and (iii) only
(d) (i), (ii), (iii) and (iv)
1583. Any person convicted on a trial held by an Additional Sessions Judge may appeal to the
(a) Supreme Court
(b) Principal Sessions Court
(c) High Court
(d) None of the above
1584. Where an additional Sessions Judge convicted a person and sentenced him for an imprisonment for
three months, he may appeal to the
(a) Supreme Court
(b) Principal Sessions Court
(c) High Court
(d) None of the above
1585. Where an Assistant Sessions Judge convicted a person and sentenced him for an imprisonment for
five years, he may appeal to the
(a) Supreme Court
(b) Sessions Court
(c) High Court
(d) None of the above
1586. Where an Assistant Sessions Judge convicted a person and sentenced him for an imprisonment for
ten years, he may appeal to the
(a) Supreme Court
(b) Sessions Court
(c) High Court
(d) None of the above
1587. Where a chief judicial magistrate convicted a person and sentenced him for an imprisonment for
seven years, he may appeal to the
(a) Supreme Court
(b) Sessions Court
(c) High Court
(d) None of the above
1588. In a trial the Assistant Sessions Judge convicted A & B, and sentenced A for an imprisonment for
ten years and B for six months. B may file the appeal challenging his conviction and sentence to
the
(a) Supreme Court
(b) Sessions Court
(c) High Court
(d) None of the above
1589. In which of the following cases, a person may appeal to the Sessions Court?
(a) If he is convicted on a trial held by a metropolitan magistrate or Assistant Sessions Judge or
magistrate of the first class, or of the second class
(b) If he is sentenced under section 325
(c) If an order has been made or a sentence has been passed against him under section 360 by any
magistrate
(d) All of the above
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1590. Where an accused person has pleaded guilty and has been convicted on such plea, there shall be no
appeal,
(a) If the conviction is by a High Court
(b) If the conviction is by a court of session, metropolitan magistrate or magistrate of the first or
second class, except as to the extent or legality of the sentence
(c) Either (a) or (b)
(d) None of the above
1591. Where a High Court passes only a sentence of imprisonment for a term not exceeding.... ... no
appeal will lie against it.
(a) Three months
(b) Six months
(c) Twelve months
(d) One month
1592. Where a High Court passes only a sentence of fine not exceeding .............. .. rupees, it can be
termed as a petty case and no appeal will lie against it.
(a) 100
(b) 200
(c) 500
(d) 1000
1593. Where a court of session or metropolitan magistrate passes only a sentence of imprisonment for a
term not exceeding ................... .., no appeal will lie against it.
(a) Three months
(b) Six months
(c) Twelve months
(d) One month
1594. Where a court of session or metropolitan magistrate passes only a sentence of fine not exceeding
...... .. rupees, it can be termed as a petty case and no appeal will lie against it.
(a) 100
(b) 200
(c) 500
(d) 1000
1595. Where a magistrate of the first class passes only a sentence of fine not exceeding ........... .. rupees,
it can be termed as a petty case and no appeal will lie against it.
(a) 100
(b) 200
(c) 500
(d) 1000
1596. Where, in a case tried summarily, a magistrate empowered to act under section 260 of the Code of
Criminal Procedure passes only a sentence of fine not exceeding ........... .. rupees, it can be termed
as a petty case and no appeal will lie against it.
(a) 100
(b) 200
(c) 500
(d) 1000
1597. An appeal against inadequacy of sentence may be filed by the State government to the .............. ..
if the sentence is passed by an Additional Sessions Judge.
(a) Supreme Court
(b) Sessions Court
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(c) High Court
(d) None of the above
1598. An appeal against inadequacy of sentence may be filed by the State government to the .............. ..
if the sentence is passed by an Assistant Sessions Judge.
(a) Supreme Court
(b) Sessions Court
(c) High Court
(d) None of the above
1599. An appeal against inadequacy of sentence may be filed by the State government to the .............. ..if
the sentence is passed by a magistrate.
(a) Supreme Court
(b) Sessions Court
(c) High Court
(d) None of the above
1600. Can the accused plead for acquittal in an appeal which is filed by the State Government against the
sentence on the ground of its inadequacy, without givin the accused a reasonable opportunity of
showing cause against such enhancement?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1601. Who among the following may, in any case, direct the public prosecutor to present an appeal to the
court of session from an order of acquittal passed by a magistrate in respect of a cognizable and
non-bailable offence?
(a) District Magistrate
(b) Police
(c) Investigating Officer
(d) None of the above
1602. The right to file an appeal against inadequacy of sentence has been given to the
(a) State only
(b) Victim only
(c) State and Victim
(d) None of the above
1603. In which of the following cases the Supreme Court issued guidelines for holding trial in child sex
abuse or rape cases?
(a) Sakshi v Union of India
(b) M C Mehta v Union of India
(c) Sheela Barse v Union of India
(d) None of the above
1604. Which of the following directions are issued by the Supreme Court for holding trial in child sex
abuse or rape cases in Sakshi case (2004)?
(i) A screen or some such arrangements may be made where the victim or witnesses (who may
be equally vulnerable like the victim) do not see the body or face of the accused
(ii) The questions put in cross-examination on behalf of the accused, in so far as they relate
directly to the incident, should be given in writing to the Presiding Officer of the Court who
may put them to the victim or witnesses in a language which is clear and is not embarrassing;
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(iii) The victim of child abuse or rape, while giving testimony in Court, should be allowed
sufficient breaks as and when required.
(a) (i) and (ii) only
(b) (ii) and (iii) only
(c) (i), and (iii) only
(d) (i), (ii), and (iii)
1605. In which of the following cases the Supreme Court held that it is necessary, having regard to the
Directive Principles contained under Article 38(1) of the Constitution of India to set up Criminal
Injuries Compensation Board?
(a) Sakshi v Union of India
(b) Delhi Domestic Working Women ‟s Forum v Union of India
(c) Sheela Barse v Union of India
(d) None of the above
1606. In which of the following cases, the Supreme Court held that „trial of rape cases in camera should
be the rule, and open trial in such cases an exception‟?
(a) State of Punjab v Gurmit Singh
(b) Delhi Domestic Working Women ‟s Forum v Union of India
(c) Sheela Barse v Union of India
(d) None of the above
1607. An accused was convicted under section 304 Part-II of the Indian Penal Code. The court applied
the Probation of offenders Act and released him on probation. The order is
(a) Legal
(b) Illegal
(c) Depends
(d) None of the above
1608. When more persons than one are convicted in one trial, and an appealable judgment or order has
been passed in respect of any of such persons, all or any of the persons convicted at such trial shall
have a right of appeal. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1609. Can an appeal to the court of session or Sessions Judge be heard by an Additional Sessions Judge?
(a) Yes
(b) No
(c) Depends
(d) None of the above
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1611. In an appeal for the enhancement of sentence, the appellate court may
(i) Reverse the finding and sentence and acquit or discharge the accused or order him to be
retried by a court competent to try the offence
(ii) Alter the finding maintaining the sentence
(iii) With or without altering the finding, alter the nature or the extent, or the nature and extent, of
the sentence, so as to enhance or reduce the same
(a) (i) and (ii) only
(b) (ii) and (iii) only
(c) (i) and (iii) only
(d) (i), (ii) and (iii)
1612. In a trial under section 138 of the Negotiable Instruments Act, the magistrate convicted and
sentenced the accused for six months and imposed a fine of Rs 10,000. In appeal the Sessions
Court maintained the conviction and altered the sentence to one month imprisonment and a fine of
Rs 25,000. Decide the legality of the sentence.
(a) The sentence is legal since a Sessions Judge may impose any amount as fine.
(b) The sentence is not legal since a Sessions Judge cannot impose a sentence greater than that
might have been inflicted for that offence by the court passing the order or sentence under
appeal
(c) Depends
(d) None of the above
1613. A judgment of conviction may be delivered by the appellate court only in the presence of the
accused. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1614. In which of the following cases the appellate court may order that the execution of the sentence or
order appealed against be suspended?
(a) If the offence is not punishable with death
(b) If the offence is not punishable with death or life imprisonment
(c) If the offence is not punishable with imprisonment less than 3 years
(d) In any case, irrespective of the punishments
1615. In which of the following cases, the appellate court shall, before releasing on bail or on his own
bond a convicted person, give opportunity to the public prosecutor for showing cause in Writing
against such release?
(a) If the offence is punishable with death
(b) If the offence is punishable with death or life imprisonment
(c) If the offence is punishable with death or imprisonment for life or imprisonment for a term of
not less than ten years
(d) None of the above
1616. In which of the following cases the convicting court can release the accused on bail where the
convicted person satisfies the court by which he is convicted that he intends to present an appeal?
(a) Where such person, being on bail, is sentenced to imprisonment for a term not exceeding
three years
(b) Where the offence of which such person has been convicted is a bailable one, and he is on bail
(c) Either (a) or (b)
(d) None of the above
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1617. When a person is charged with a minor offence and from the evidence major offence of the offence
charged with is made out, can he be punished for the major offence without the charge for the
major offence?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1618. In which of the following cases, the Supreme Court held that it will not be safe to impose extreme
penalty of death in a conviction based on the deposition of a child?
(a) Dalbir Singh v State
(b) Suresh v State of Bihar
(c) Chanmuniya v State
(d) None of the above
1619. In which of the following cases the Supreme Court made the following remarks „when the court is
called upon to choose between the convict‟s cry „I want to live‟ and the prosecutor‟s demand „he
deserves to die‟, it goes without saying that the court must show a high degree of concern and
sensitiveness in the choice of sentence‟?
(a) Allauddin Mian v State of Bihar
(b) Suresh v State of Bihar
(c) Chanmuniya v State
(d) None of the above
1620. In which of the following cases, the conflicting views of the Supreme Court can be seen with
regard to „charge under one section and conviction under another section‟?
(a) Dalbir Singh v State and Shamnsaheb v State
(b) Bimla Devi v State and Shamnsaheb v State
(c) Sreerangaboina v State and Shamnsaheb v State
(d) None of the above
1621. In which of the following cases the Supreme Court held that „committal proceedings are not a
dress rehearsal of the trial and the narrow inspection hole through which the committing magistrate
has to look at the case limits him merely to ascertain whether the case, as disclosed by the police
report, appears to the magistrate to show an offence triable solely by the court of session‟?
(a) Sanjay Gandhi v State
(b) K P Raghavan v M H Abbas
(c) Chanmuniya v State
(d) None of the above
1622. In which of the following cases, the Supreme Court held that a criminal appeal cannot be dismissed
for default?
(a) Bani Singh v State of UP
(b) Vijayan v State
(c) Subhash Chander v State
(d) None of the above
1623. In which of the following judgments a three judge bench of the Supreme Court examined the
conflict between Ram Naresh Yadav v State AIR 1987 SC 1500 and Shyam Deo Pandey v State
AIR 1971 SC 1606 with regard to dismissal of criminal appeal for default and overruled Ram
Naresh Yadav case?
(a) Bani Singh v State of UP
(b) State v Govind Das
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(c) Narinder Singh v State
(d) None of the above
1624. The accused shall have the right to be present when the additional evidence is taken by the
appellate court. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1625. Which at the following sections of the Code of Criminal Procedure deals with the abatement of
appeals?
(a) Section 394
(b) Section 391
(c) Section 392
(d) Section 399
1626. Every appeal under section 377 or section 378 of the Code of Criminal Procedure shall finally
abate on the death of the accused. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1627. Under section 394(2) of the Code of Criminal Procedure every appeal except an appeal .................
..Shall finally abate on the death of the appellant.
(a) Against acquittal
(b) Against conviction
(c) From a sentence of fine
(d) None of the above
1628. Does an appeal against a composite sentence which includes imprisonment and fine, abate on the
death of appellant?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1629. Principles relating to abatement of appeal are applicable to revision also. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1630. In a case the main accused and the abettor were acquitted by the trial court. During the pendency of
appeal against acquittal the main accused against the died, will the appeal against the abettor
abate?
(a) Yes
(b) No
(c) Depends
(d) None of the above
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1631. When a sentence of death is passed by the High Court in appeal or in revision, the ................ shall,
cause the sentence to be carried into effect by issuing a warrant.
(a) Chief Judicial Magistrate
(b) District Magistrate
(c) Court of Session
(d) None of the above
1633. Which of the following sections of the Code of Criminal Procedure mandates that if a woman
sentenced to death is found to be pregnant, the High Court shall commute the sentence to
imprisonment for life?
(a) Section 415
(b) Section 416
(c) Section 417
(d) Section 418
1636. The Code of Criminal Procedure does not contain any provision for grant of parole. The statement is
(a) True
(b) False
(c) Partly Correct
(b) None of the above
1637. In which of the following cases, the Supreme Court held that „Parole does not interrupt the period
of detention and, thus, that period needs to be counted towards the total period of detention unless
the terms for grant of parole, rules or instructions, prescribe otherwise‟?
(a) Sunil F Shah v Union of India
(b) Sunil Batra v Delhi Administration
(c) Charles Shobhraj v Union of India
(d) None of the above
1638. Which of the following Amending Acts empowered the High Court to commute the sentence of
death imposed on a pre ant woman to imprisonment for lit? by amending section 416 of the Code
of Criminal Procedure?
(a) The Code of Criminal Procedure (Amendment) Act, 2003
(b) The Code of Criminal Procedure (Amendment) Act, 2005
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(c) The Code of Criminal Procedure (Amendment) Act, 2008
(d) The Code of Criminal Procedure (Amendment) Act, 2010.
1639. Where the accused is sentenced to imprisonment till the rising of the court, it shall not be necessary
to prepare or forward a warrant to a jail, and the accused may be
(a) Sent to a civil jail
(b) Confined in such place as the court may direct
(c) Sent to the nearest jail
(d) None of the above
1640. Which of the following sections of the Code of Criminal Procedure deals with the warrant for levy
of fine?
(a) Section 421
(b) Section 422
(c) Section 423
(d) Section 424
1641. When an offender has been sentenced to pay a fine, the court passing the sentence may
(a) Issue a warrant for the levy of the amount by attachment and sale of any movable property
belonging to the offender
(b) Issue a warrant to the Collector of the district, authorising him to realise the amount as arrears
of land revenue from the movable or immovable property, or both, of the defaulter
(c) Either (a) or (b)
(d) None of the above
1642. When an offender has been sentenced to fine only and to imprisonment in default of payment of
the fine, and the fine is not paid forthwith, the court may order that the fine shall be payable either
in full on or before a date not more than ............ .. days from the date of the order.
(a) 15
(b) 30
(c) 45
(d) 60
1645. Which of the following sections of the Code of Criminal Procedure deals with „set-off„?
(a) Section 428
(b) Section 429
(c) Section 430
(d) Section 431
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1646. In which of the following cases, the Supreme Court held that mercy petitions may be disposed of
within three months?
(a) Nanavati v State
(b) K P Mohammed v State of Kerala
(c) Charles Shobhraj v Union of India
(d) None of the above
1647. Life convicts are not entitled to the benefit of set-off under section 428 of the Code of Criminal
Procedure. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1648. In cases referred to in Section 433A the period of detention shall be set off against the period of
............ years referred to in the section.
(a) 14
(b) 10
(c) 18
(d) 12
1649. „Set-off‟ is also available in respect of the period of pre-trial detention from the term of
„imprisonment in case of sentence of imprisonment in default of fine‟. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1650. Where an accused person has, on conviction, been sentenced to imprisonment for a term, not being
imprisonment in default of payment of fine, the period of detention, if any, undergone by him
during .......... .. of the same case and before the date of such conviction, shall be set off against the
term of imprisonment imposed on him on such conviction.
(a) Trial
(b) Inquiry
(c) Investigation
(d) Investigation, inquiry or trial
1651. In which of the following cases, the constitution bench of the Supreme Court extended the benefit
of „set-off‟ to life convicts?
(a) Kartar Singh v State
(b) Bhagirath v Delhi Administration
(c) Charles Shobhraj v Union of India
(d) None of the above
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1653. A person who has been convicted in several cases, and has suffered detention/imprisonment in
connection therewith, will he be entitled to the benefit of set-off in a separate case for the period of
detention/imprisonment undergone by him in other cases?
(a) Yes
(b) No
(c) Depends
(d) None of the above.
1654. Section 432 of the Code of Criminal Procedure deals with the power of the ........... ..to suspend or
remit sentences.
(a) Supreme Court
(b) High Court
(c) Appropriate Government
(d) None of the above
1655. Whenever an application under section 432 of the Code of Criminal Procedure is made to the
appropriate Government for the suspension or remission of a sentence, the appropriate
Government may require the …. to state his opinion as to whether the application should be
granted or refused, together with his reasons for such opinion and also to forward with the
statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.
(a) Supreme Court
(b) High Court
(c) Presiding judge of the court before or by which the conviction was had or confirmed
(d) None of the above
1656. In the case of any sentence (other than a sentence of fine) passed on a male person above the age of
........... .. years, no such petition by the person sentenced or by any other person on his behalf shall
be entertained, unless the person sentenced is in jail, and where such petition is made by the person
sentenced, it is presented through the officer-in-charge of the jail; or where such petition is made
by any other person, it contains a declaration that the person sentenced is in Jail.
(a) 18
(b) 20
(c) 21
(d) 16
1657. Section 433 of the Code of Criminal Procedure deals with the power of Appropriate Government
to ....... .. sentences.
(a) Suspend
(b) Remit
(c) Commute
(d) None of the above
1658. To commute a sentence as provided under section 433 of the Code of Criminal Procedure, the
consent of the accused is
(a) Necessary
(b) Not necessary
(c) Depends
(d) None of the above
1659. Under section 433 of the Code of Criminal Procedure, a sentence of death may be commuted
(a) For life imprisonment only
(b) For fourteen years of imprisonment only
(c) For any other punishment provided by the Indian Penal Code
(d) None of the above
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1660. Under section 433 of the Code of Criminal Procedure, a sentence of imprisonment for life may be
commuted for imprisonment for a term not exceeding ..................... .. years or for fine.
(a) 10
(b) 12
(c) 14
(d) 20
1661. Where a sentence of imprisonment for life is imposed one conviction of a person for an offence for
which death is one of the punishments provided by law, or where a sentence of death imposed on a
person has been commuted under section 433 of the Code of Criminal Procedure into one of
imprisonment for life, such person shall-not be released from prison unless he had served at least
................... .. years of imprisonment.
(a) 10
(b) 12
(c) 14
(d) 20
1663. The power to commute or remit sentence in a case investigated by CBI is vested with
(a) The Central Government only
(b) The State Government can exercise the power in consultation with the Central Government
(c) The State Government can exercise the power in consultation with CBI
(d) The Supreme Court
1664. A central Government employee committed an offence while acting or purporting to act in the
discharge of his official duty. The power to commute or remit sentence is vested with the
(a) Central Government only
(b) State Government can exercise the power in consultation with central Government
(c) State Government can exercise the power in consultation with CVC
(d) Supreme Court
1665. The decision of the appropriate Government to commute or remit sentence is not liable to judicial
review. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1666. Can the appropriate Government remit a sentence of imprisonment awarded in default of payment
of fine?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1667. Which of the following is the appropriate Government empowered to remit the sentence of a
person convicted of offences under section 489A to 489D of the Penal Code?
(a) Central Government
(b) State Government
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(c) Both (a) and (b)
(d) None of the above
1668. Which of the following is the appropriate Government empowered to remit the sentence of a
person convicted of offences under the Arms Act?
(a) Central Government
(b) State Government
(c) Both (a) and (b)
(d) None of the above
1669. Which of the following special Acts takes away the power of Appropriate Government to suspend
remit or commute the sentence awarded under that Act?
(a) The Prevention of Corruption Act, 1988
(b) The Narcotic Drugs and Psychotropic Substances Act, 1985
(c) The Prevention of Food Adulteration Act, 1954
(d) None of the above
1670. In which of the following cases, the Supreme Court held that „parole‟ is not a remission,
suspension or commutation of sentence and the bar under section 32A of the NDPS Act is not
applicable to „parole‟?
(a) Ramanaiah v Superintendent of Central Jail
(b) Dadu @ T ulasidas v State
(c) Maru Ram v Union of India
(d) None of the above
1671. Can the appellate court suspend a sentence passed under section 32A of the Narcotic Drugs and
Psychotropic Substances Act, 1985 by exercising power under section 389 of the Code of Criminal
Procedure in view of section 32A of NDPS Act?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1672. The Supreme Court declared section 32A of the Narcotic Drugs and Psychotropic Substances Act,
1985 un-constitutional insofar as it completely debars the appellate courts to suspend the sentence
awarded to a convict under the Act in
(a) Ramanaiah v Superintendent of Central Jail
(b) Dadu @ T ulasidas v State
(c) Maru Ram v Union of India
(d) None of the above
1673. The Constitutional validity of section l33A of the Code of Criminal Procedure was upheld by the
Supreme Court in
(a) Ramanaiah v Superintendent of Central Jail
(b) Dadu @ Tulasidas v State
(c) Maru Ram v Union of India
(d) None of the above
1674. Can the court direct while sentencing that any "remission of sentence or amnesty on any special
occasions announced or to be announced either by the Central or the State Government shall not
apply to the sentence and imprisonment imposed on all the accused?
(a) Yes
(b) No
(c) Depends
(d) None of the above
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1675. In the questions given below are two statements labeled as Assertion (A) and Reason (R). In the
context of the two statements, which of the following is correct?
Assertion (A): Period of parole needs to be counted towards the total period of detention.
Reason (R): Period of parole does not interrupt the period of detention.
(a) Both A and R are true and R is the correct explanation of A.
(b) Both A and R are true but R is not the correct explanation of A.
(c) A is true but R is false.
(d) A is false but R is true.
1676. In which of the following cases the Supreme Court held that section 433A of the Code of Criminal
Procedure is not a legislative fraud?
(a) Ramanaiah v Superintendent of Central Jail
(b) Dadu @ T ulasidas v State
(c) Ashok Kumar @ Golu v Union of India
(d) None of the above
1677. Section 433A of the Code of Criminal Procedure cannot affect the powers under Article 72 and
161 of the Constitution of India. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1678. Is section 433A of the Code of Criminal Procedure applicable to juvenile offenders confined in
borstal schools?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1679. Should the prisoners, who are required to do labour as part of their punishment, necessarily be paid
wages for such work at the rates prescribed under the minimum wages law?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1680. Can an accused, who is indigent and unable to furnish surety, be discharged in a bailable offence
on executing a bond without sureties?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1681. Where a person is unable to give bail within ............ .. 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.
(a) A week
(b) A month
(c) Two weeks
(d) Three months
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1683. Who among the following will not get the benefit of section 436A of the Code of Criminal
Procedure, 1973?
(a) A person accused of an offence for which the punishment of death has been specified as one
of the punishments
(b) A person accused of an offence for which the punishment of life imprisonment has been
specified as one of the punishments
(c) Either (a) or (b)
(d) None of the above
1684. Where a person has, during the period of investigation, inquiry or trial under the Code of Criminal
Procedure 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) under- gone detention for a period
extending up to .................. 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.
(a) One-half
(b) One-third
(c) One-forth
(d) None of the above
1686. A person shall not be released on bail if the offence alleged is a cognizable offence and he had
been previously convicted of an offence punishable with
(a) Death
(b) Imprisonment for life
(c) Imprisonment for seven years or more
(d) Either (a) or (b) or (c)
1687. A person shall not be released on bail if had been previously convicted on two or more occasions
of a cognizable offence punishable with imprisonment for ........... .. years or more but less than ......
.. Years.
(a) 3, 5
(b) 3, 7
(c) 3, 10
(b) 5, 10
1688. As per the proviso to section 437 of the Code of Criminal Procedure, the court may direct that a
person be released on bail in a non-bailable offence if such person is under the age of ...................
years or is a woman or is sick or infirm.
(a) 15
(b) 16
(c) 17
(d) 18
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1689. The fact that an accused person may be required for being identified by witnesses during
investigation shall be a sufficient ground for refusing to grant bail under section 437 of the Code of
Criminal Procedure. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1690. No person shall, if the offence alleged to have been committed by him is punishable with
.....................be released on bail by the court under sub-section (1) of section 437 of the Code of
Criminal Procedure without giving an opportunity of hearing to the public prosecutor.
(a) Death
(b) Imprisonment for life
(c) Imprisonment for seven years or more
(d) Either (a) or (b) or (c)
1691. Which of the following conditions can be imposed while granting bail in a non-bailable offence?
(a) That such person shall attend in accordance with the conditions of the bond executed
(b) That such person shall not commit an offence similar to the offence of which he is accused, or
suspected, of the commission of which he is suspected
(c) That such person shall not directly or indirectly make any inducement, threat or promise to
any person acquainted with the facts of the case so as to dissuade him from disclosing such
facts to the court or to any police officer to tamper with the evidence
(d) All of the above
1692. Conditions can be imposed while granting bail in all non-bailable offences. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1693. Is it necessary to record reasons in writing while releasing „a person on bail in a non-bailable
offence?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1694. The court shall impose the conditions while granting bail when a person accused or suspected of
the commission of an offence punishable with imprisonment which may extend to .............. .. years
or more.
(a) 3
(b) 5
(c) 7
(d) 10
1695. If, in any case triable by a magistrate, the trial of a person accused of any non-bailable offence is
not concluded within a period of .............. .. days from the first date fixed for taking evidence in
the case, such person shall, if he is in custody during the whole of the said period, be released on
bail to the satisfaction of the magistrate, unless for reasons to be recorded in writing, the magistrate
otherwise directs.
(a) 30
(b) 60
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(c) 90
(d) 120
1696. If, in any case triable by a magistrate, the trial of a person accused of any non-bailable offence is
not concluded within a period of sixty days from the first date fixed for taking evidence in the case,
such person shall, if he is in custody during the whole of the said period, be released on bail to the
satisfaction of the magistrate, unless for reasons to be recorded in writing, the magistrate otherwise
directs. This is the mandate of section ......... ..of the Code of Criminal Procedure.
(a) 437(3)
(b) 437(4)
(c) 437(5)
(d) 437(6)
1697. Can the trial court require an accused to execute bail bonds to appear before the next appellate
court?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1698. The bail bonds executed for appearance before the higher court as provided under section 437A of
the Code of Criminal Procedure, shall be in force for ......... .. months.
(a) 6
(b) 3
(c) 9
(d) 12
1699. „It shocks one‟s conscience to ask a mason like the petitioner to furnish sureties for Rs 10 000 The
magistrate must be given the benefit of doubt for not fully appreciating that our Constitution,
enacted by „We, the People of India‟, is meant for the butcher, the baker and the candle stick
maker shall we add, the bonded labour and pavement dweller„. The above classic observation of
Justice V R Krishnaiyer is from the Judgment in
(a) Nandini Saptadi v Dani
(b) Motiram v State
(c) Sanjay Gandhi v State
(d) None of the above
1700. In which of the following cases, the Supreme Court held that a court cannot reject a surety because
he or his estate is situate in a different district or State?
(a) Nandini Saptadi v Dani
(b) Motiram v State
(c) Sanjay Gandhi v State
(d) None of the above
1701. In which of the following cases the Supreme Court held that „we leave it to Parliament to consider
whether in our socialist republic with social justice as its hallmark, monetary superstition, not other
relevant considerations like family ties, roots in the community, membership of stable
organisations, should prevail for bail bonds to ensure that the „bailee‟ does not flee justice. The
best guarantee of presence in court is the reach of the law, not the money tag. A parting thought. If
the indigents are not to be betrayed by the law including bail law, re-writing of many processual
laws is an urgent desideratum; and the judiciary will do well to remember that the geo-legal
frontiers of the Central Codes cannot be disfigured by cartographic dissection ir1 the name of
language or province‟?
(a) Nandini Saptadi v Dani
(b) Motiram v State
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(c) Sanjay Gandhi v State
(d) None of the above
1702. Which of the following sections of the Code of Criminal Procedure deals with anticipatory bail?
(a) Section 437
(b) Section 438
(c) Section 439
(d) Section 436
1704. Which of the following factors shall be considered while entertaining an application for
anticipatory bail?
(i) The nature and gravity of the accusation
(ii) The antecedents of the applicant including the fact as to whether he has previously undergone
imprisonment on conviction by a court in respect of any cognizable offence
(iii) The possibility of the applicant to flee from justice
(iv) Where the accusation has been made with the object of injuring or humiliating the applicant
by having him so arrested
(a) (i) and (ii) only
(b) (ii) and (iii) only
(c) (i), (ii) and (iii) only
(d) (i), (ii), (iii) and (iv)
1705. Any condition imposed by a magistrate when releasing any person on bail be set aside or modified
by the
(a) High Court
(b) Sessions Court
(c) High Court or Sessions Court
(d) None of the above
1706. A person can move the High Court and sessions Court for regular bail only when he is in custody.
The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1707. „A person is in custody, within the meaning of section 439 of the Code of Criminal Procedure
when he is in duress either because he is held by the investigating agency or other police or allied
authority or is under the control of the court having been remanded by judicial order, or having
offered himself to the court‟s jurisdiction and submitted to its orders by physical presence‟. This
was held by the Supreme Court in
(a) M C Abraham v State
(b) Motiram v State
(c) Niranjan Singh v Prabhakar Kharote
(d) None of the above
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1708. Exercise of power to grant bail to prisoners by the High Court judges while inspection of jails was
disapproved by the Supreme Court in
(a) Joginder Kumar v State
(b) D K Basu v State
(c) Jasbir Singh v State of Punjab
(d) None of the above
1709. Who among the following can approach the High Court or Sessions Court for cancellation of bail
under section 439(2) of the Code of Criminal Procedure?
(a) Police
(b) Prosecutor
(c) Informant
(d) Any one of the above
1710. Can the High Court cancel the bail „suo motu‟ ?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1711. In which of the following cases, the Supreme Court held that any member of the public, who has a
concern in the matter can move the High Court for cancellation of bail under section 439(2) of the
Code of Criminal Procedure?
(a) R Rathinam v State
(b) Joy Immaculate v State
(c) Monica Bedi v State
(d) None of the above
1712. Anticipatory bail may be granted for a limited period only. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1713. In which of the following cases, the constitution Bench of the Supreme Court elaborately discussed
the nature and scope of anticipatory bail?
(a) K L Varma v State
(b) Salaudin Sheikh v State of Maharashtra
(c) Gurbaksh Singh v State of Punjab
(d) None of the above
1714. In which of the following cases, the Supreme Court held that the anticipatory bail may not be
limited in point of time?
(a) K L Varma v State
(b) Siddnath Satlingappa Mhetre v State of Maharashtra
(c) Gurbaksh Singh v State of Punjab
(d) None of the above
1715. In which of the following cases, the Supreme Court held that the courts, while considering bail
application, should try to maintain fine balance between societal interest vis-à-vis personal liberty
while adhering to the fundamental principle of criminal jurisprudence that the accused is presumed
to be innocent till he is found guilty by a competent court?
(a) Kanimozhi v CBI
(b) Siddnath Satlingappa Mhetre v State of Maharashtra
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(c) Salaudih Sheikh v Stale Maharashtra
(d) None of the above
1716. In which of the following cases, the Supreme Court held that the power under section 438 of the
Code of Criminal Procedure is not subject to all the limitations of section 437 of CrPC?
(a) K L Varma v State
(b) Siddnath Satlingappa Mhetre v State of Maharashtra
(c) Salaudin Sheikh v State Maharashtra
(d) None of the above
1717. The accused must make out a „special case‟ for the exercise of the power to grant anticipatory bail.
The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1718. In which of the following cases, the Supreme Court held that the order granting anticipatory bail
for a limited duration and thereafter directing the accused to surrender and apply before a regular
bail is contrary to the legislative intention and the judgment of the constitution Bench in Sibbia‟s
case?
(a) K L Varma v State
(b) Siddnath Satlingappa v State of Maharashtra
(c) Salaudin Sheikh v Maharashtra
(d) None of the above
1719. Section 438 of the Code of Criminal Procedure does not mention anything about the duration to
which a direction for release on bail in the event of arrest can be granted. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1720. Filing of FIR is a condition precedent to the exercise of power under section 438 of the Code of
Criminal Procedure. The statement is
(a) (True
(b) False
(c) Partly Correct
(d) None of the above
1721. In which of the following cases, the Supreme Court held that a court can invoke the extra ordinary
jurisdiction under section 438 of the Code of Criminal Procedure even after the filing of charge
sheet and after taking cognizance?
(a) Bharath Choudari v State of Bihar
(b) K L Varma v State
(c) Salaudin Sheikh v State of Maharashtra
(d) None of the above
1722. The provision for granting anticipatory bail is not applicable to the offences under
(a) The Domestic Violence Act
(b) The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
(c) The Prevention of Food Adulteration Act
(d) None of the above
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1723. In which of the following cases, the Supreme Court held that section 18 of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989 which over-rides section 438 of the
Code of Criminal Procedure is not violative of Article 14 and 21 of the Constitution of India?
(a) Adhri Dharan v State
(b) State v Ramakrishna
(c) Nirmal Jeet v State
(d) None of the above
1724. In which of the following cases, the Supreme Court held that a person against whom a warrant had
been issued and is absconding or concealing himself in order to avoid execution of warrant and
declared as a proclaimed offender in terms of section 82 of the Code of Criminal Procedure is not
entitled to the relief of anticipatory bail?
(a) Lavesh v State
(b) State v Ramakrishna
(c) Nirmal Jeet v State
(d) None of the above
1725. In which of the following cases, the Supreme Court held that mere rejection of anticipatory bail
applications cannot be a ground for arrest?
(a) M C Abraham v State
(b) State v Ramakrishna
(c) Nirmal Jeet v State
(d) None of the above
1726. Any court which has released a person on bail may, if it considers it necessary so to do, direct that
such person be arrested and commit him to custody as provided under section...... of the Code of
Criminal Procedure.
(a) 439(2)
(b) 437(4)
(c) 437(5)
(d) None of the above
1727. Which of the following factors is/are to be considered before granting bail?
(a) The nature of accusation and the severity of punishment in case of conviction and the nature
of supporting evidence
(b) Reasonable apprehension of tampering of the witness or apprehension of threat to the
complainant
(c) Prima facie satisfaction of the court in support of the charge
(d) All of the above
1728. Condition laid down under section 437(1)(1) is sine qua non for granting bail even under section
439 of the Code of Criminal Procedure, 1973. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1729. In matters arising out of the Narcotic Drugs and Psychotropic Substances Act, grant of bail is
controlled by .. . ..
(a) Section 37 of the NDPS Act
(b) Section 437 of CrPC
(c) Section 50 of the NDPS Act
(d) Section 439 of CrPC
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1730. Are the restrictions under section 37 of the Narcotic Drugs and Psychotropic Substances Act
applicable to the default bail under section 167(2) of the Code of Criminal Procedure?
(a) Yes
(b) No
(c) Depends
(d) None of the above
1731. In which of the following cases, the Supreme Court directed that the seven bench decision of the
Allahabad High Court in the case of Amaravati v State of UP 2005 Cri LJ 755 be followed by all
courts in UP in letter and spirit, particularly since the provision for anticipatory bail does not exist
in UP and in appropriate cases interim bail should be granted pending disposal of the final bail
application, since arrest and detention of a person can cause irreparable loss to a person‟s
reputation?
(a) L K Pratap Singh v State of UP
(b) Kalyan Chandrasekhar v State of UP
(c) Amarmani T rzpathi v State of UP
(d) None of the above
1732. In a case when examination-in-chief of a witness was over, judge issued summons to the witness as
an additional accused invoking section 319 of the Code of Criminal Procedure. Decide the legality
of the order.
(a) Legal
(b) Illegal, „evidence‟ in the context of section 319 means which is tested by cross examination
(c) The question is referred to the consideration of a larger bench in Hardeep Singh case
(d) None of the above
1733. In which of the following cases, the Supreme Court held that „in the power to grant bail there is
inherent power in the court concerned to grant interim bail to a person pending final disposal of the
bail application. Of course, it is the discretion of the court concerned to grant interim bail or not
but the power is certainly there‟?
(a) Sukhwant Singh v State Punjab
(b) Kalyan Chandrasekhar v of UP
(c) Amarmani T ripathi v State
(d) None of the above
1734. Bail cannot be cancelled without giving notice to the accused. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1735. As a condition for the grant of anticipatory bail, the High Court recorded the undertaking of the
petitioners to pay to the victim daughter-in-law a sum of Rs 2000 per month and failure to do so
would result in vacation of the order granting bail. The condition is
(a) Proper
(b) Improper
(c) Depends
(d) None of the above
1736. When any person is required by any court or officer to execute a bond with or without sureties, can
the court permit him to deposit a sum of money or Government promissory notes to such amount
as the court or officer may fix in lieu of executing such bond?
(a) Yes
(b) No
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(c) Depends
(d) None of the above
1737. Which of the following sections of the Code of Criminal Procedure deals with deposit instead of
recognizance?
(a) Section 444
(b) Section 445
(c) Section 446
(d) Section 447
1738. Which of the following sections of the Code of Criminal Procedure deals with procedure when
bond has been forfeited?
(a) Section 444
(b) Section 445
(c) Section 446
(d) Section 447
1739. Where the penalty ordered under section 446(2) of the Code of Criminal Procedure is not paid and
cannot be recovered, the person so bound as surety shall be liable, by order of the court ordering
the recovery of the penalty, to imprisonment in civil jail for a term which may extend to......
months.
(a) 3
(b) 6
(c) 9
(d) 12
1740. Where a surety to a bond dies before the bond is forfeited, his estate shall not be discharged from
the liability in respect of the bond. The statement is
(a) True
(b) False
(c) Partly Correct
(d) None of the above
1741. An order passed by a magistrate under section 446 of the Code of Criminal Procedure is appealable
to
(a) District magistrate
(b) Sessions Court
(c) High court
(d) None of the above
1742. Which one of the following statements is correct? To give a personal hearing to the accused on the
question of sentence is
(a) Discretionary
(b) Mandatory
(c) A formal requirement
(d) Not necessary
247
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1744. “Too many appeals and revisions are a bone of the Indian Judicial System, involving as it does
sterile expense and delay and fruitless chase of perfection.” Justice Krishna lyer made this
observation in
(a) Hamam Singh v. State of HP
(b) Mohd. Sauman Ali v. State of Assam
(c) Sitaram v. State of UP
(d) Jawaharlal Singh v. Naresh Singh
1747. What maximum time limit has been fixed by the Supreme Court in Subramaniam Swami v. Dr.
Manmohan Singh case in which the government must give sanction for prosecutions of public
servants covered by Cr.P.C. and Prevention of Corruption Act. 1988?
(a) Two month
(b) Three months
(c) Four month
(d) Six month
1748. Assault or use of criminal force otherwise than on grave provocation under section 353 of the IPC
is which kind of offence:
(a) Bailable and Cognizable
(b) Bailable and Non-cognizable
(c) Non-bailable and Cognizable
(d) Non-bailable and Non-cognizable
1749. A sentence of life imprisonment may be computed to imprisonment for a term not exceeding years
under the Code of Criminal Procedure, 1973.
(a) 20
(b) 10
(c) 14
(d) All of the above
1750. In which of the following cases, the Supreme Court has issued specific guidelines regarding arrest?
(a) Vishaka v. State of Rajasthan
(b) A.R. Antulay‟s Case
(c) D.K. Basu‟s Case
(d) Nandni Satpathy‟s Case
248
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CRIMINAL PROCEDURE CODE [Cr PC] BOOKLET
ANSWER - KEY
1 C 36 A 71 A 106 B 141 C 176 B 211 B 246 B 281 C
2 C 37 B 72 C 107 A 142 D 177 A 212 C 247 D 282 B
3 B 38 B 73 A 108 B 143 D 178 C 213 D 248 D 283 D
4 A 39 A 74 A 109 B 144 B 179 C 214 D 249 D 284 B
5 A 40 D 75 A 110 B 145 C 180 B 215 C 250 C 285 B
6 A 41 C 76 B 111 A 146 A 181 C 216 C 251 B 286 A
7 C 42 C 77 C 112 A 147 C 182 A 217 D 252 C 287 C
8 B 43 C 78 B 113 B 148 B 183 A 218 B 253 D 288 D
9 B 44 D 79 A 114 A 149 A 184 B 219 B 254 C 289 D
10 A 45 B 80 B 115 C 150 A 185 A 220 A 255 D 290 D
11 C 46 A 81 B 116 A 151 D 186 D 221 A 256 A 291 A
12 C 47 A 82 C 117 C 152 C 187 C 222 D 257 C 292 C
13 C 48 A 83 D 118 B 153 B 188 D 223 C 258 C 293 B
14 C 49 C 84 A 119 A 154 B 189 B 224 D 259 A 294 B
15 C 50 D 85 D 120 A 155 C 190 A 225 B 260 B 295 D
16 C 51 A 86 A 121 A 156 C 191 B 226 D 261 C 296 A
17 A 52 C 87 A 122 B 157 C 192 D 227 D 262 D 297 D
18 D 53 D 88 A 123 D 158 B 193 A 228 D 263 C 298 A
19 B 54 B 89 B 124 A 159 D 194 C 229 C 264 C 299 D
20 C 55 C 90 A 125 B 160 D 195 B 230 A 265 A 300 A
21 C 56 A 91 B 126 C 161 C 196 A 231 B 266 D 301 D
22 A 57 C 92 C 127 D 162 D 197 B 232 B 267 A 302 C
23 C 58 C 93 B 128 B 163 A 198 C 233 B 268 D 303 D
24 B 59 C 94 C 129 B 164 D 199 D 234 C 269 C 304 B
25 B 60 B 95 D 130 C 165 A 200 D 235 D 270 C 305 B
26 A 61 D 96 B 131 B 166 A 201 A 236 A 271 A 306 B
27 B 62 D 97 B 132 D 167 D 202 C 237 C 272 A 307 B
28 D 63 C 98 A 133 A 168 D 203 B 238 C 273 C 308 C
29 C 64 A 99 B 134 A 169 B 204 D 239 C 274 C 309 D
30 C 65 B 100 C 135 C 170 C 205 B 240 B 275 D 310 C
31 B 66 B 101 D 136 B 171 B 206 B 241 A 276 D 311 B
32 A 67 D 102 D 137 A 172 B 207 D 242 D 277 A 312 D
33 D 68 B 103 B 138 C 173 B 208 B 243 D 278 B 313 D
34 C 69 B 104 B 139 C 174 C 209 A 244 D 279 D 314 D
35 C 70 D 105 D 140 B 175 C 210 D 245 C 280 D 315 B
249
“TEST BOOKLET”
316 D 356 D 396 B 436 C 476 C 516 B 556 B 596 B 636 A
317 A 357 A 397 B 437 C 477 B 517 A 557 B 597 B 637 B
318 A 358 C 398 C 438 D 478 C 518 D 558 B 598 D 638 C
319 D 359 D 399 B 439 C 479 A 519 D 559 D 599 D 639 A
320 B 360 D 400 B 440 D 480 B 520 B 560 D 600 C 640 A
321 A 361 D 401 B 441 B 481 A 521 C 561 C 601 C 641 A
322 C 362 D 402 C 442 B 482 C 522 A 562 D 602 A 642 C
323 D 363 D 403 B 443 A 483 D 523 A 563 C 603 A 643 C
324 A 364 D 404 B 444 A 484 A 524 B 564 C 604 B 644 B
325 A 365 C 405 B 445 B 485 B 525 A 565 D 605 B 645 C
326 D 366 A 406 B 446 C 486 C 526 B 566 D 606 B 646 C
327 A 367 D 407 A 447 A 487 B 527 A 567 C 607 C 647 B
328 A 368 D 408 A 448 A 488 C 528 C 568 B 608 C 648 A
329 D 369 C 409 C 449 A 489 D 529 D 569 D 609 B 649 D
330 D 370 C 410 D 450 C 490 A 530 B 570 B 610 C 650 A
331 D 371 A 411 D 451 B 491 B 531 B 571 D 611 B 651 D
332 A 372 D 412 C 452 A 492 D 532 B 572 A 612 A 652 B
333 D 373 C 413 B 453 A 493 A 533 A 573 A 613 C 653 A
334 C 374 D 414 A 454 A 494 A 534 D 574 D 614 C 654 B
335 A 375 D 415 C 455 C 495 B 535 C 575 C 615 B 655 A
336 B 376 B 416 D 456 D 496 B 536 C 576 B 616 A 656 A
337 B 377 B 417 D 457 A 497 B 537 B 577 B 617 B 657 C
338 C 378 B 418 C 458 B 498 C 538 D 578 D 618 A 658 A
339 A 379 C 419 B 459 C 499 A 539 B 579 D 619 A 659 A
340 A 380 A 420 C 460 B 500 C 540 B 580 B 620 A 660 C
341 C 381 D 421 C 461 D 501 B 541 C 581 D 621 C 661 B
342 B 382 B 422 C 462 B 502 B 542 C 582 C 622 A 662 A
343 A 383 D 423 A 463 A 503 C 543 C 583 A 623 A 663 B
344 D 384 A 424 C 464 C 504 A 544 A 584 A 624 B 664 B
345 D 385 C 425 D 465 B 505 C 545 C 585 C 625 A 665 C
346 A 386 D 426 B 466 A 506 A 546 B 586 B 626 B 666 B
347 D 387 A 427 B 467 C 507 C 547 C 587 B 627 C 667 A
348 C 388 A 428 D 468 B 508 D 548 D 588 D 628 B 668 B
349 D 389 C 429 A 469 C 509 B 549 C 589 A 629 A 669 C
350 D 390 B 430 C 470 B 510 B 550 D 590 B 630 A 670 C
351 D 391 C 431 D 471 D 511 C 551 B 591 A 631 C 671 C
352 A 392 D 432 D 472 B 512 A 552 D 592 C 632 A 672 C
353 C 393 D 433 B 473 A 513 B 553 A 593 B 633 A 673 A
354 C 394 A 434 B 474 D 514 A 554 D 594 D 634 A 674 B
355 D 395 A 435 D 475 C 515 D 555 C 595 C 635 A 675 B
250
“TEST BOOKLET”
676 D 718 D 760 A 802 A 844 A 886 B 928 C 970 C 1012 D
677 C 719 B 761 A 803 C 845 C 887 B 929 D 971 D 1013 C
678 A 720 C 762 A 804 B 846 B 888 C 930 C 972 A 1014 C
679 A 721 C 763 B 805 B 847 A 889 B 931 C 973 C 1015 C
680 C 722 D 764 A 806 C 848 C 890 C 932 D 974 A 1016 C
681 A 723 B 765 C 807 C 849 D 891 A 933 B 975 B 1017 B
682 C 724 A 766 A 808 C 850 D 892 A 934 B 976 B 1018 A
683 B 725 A 767 B 809 B 851 A 893 C 935 C 977 D 1019 D
684 C 726 A 768 C 810 C 852 D 894 A 936 B 978 D 1020 D
685 D 727 C 769 C 811 C 853 B 895 D 937 B 979 C 1021 D
686 C 728 D 770 D 812 A 854 C 896 C 938 B 980 C 1022 C
687 B 729 D 771 A 813 A 855 C 897 A 939 B 981 A 1023 B
688 A 730 D 772 C 814 B 856 D 898 A 940 A 982 B 1024 C
689 D 731 B 773 B 815 B 857 B 899 A 941 A 983 D 1025 B
690 B 732 C 774 A 816 B 858 D 900 C 942 B 984 C 1026 B
691 A 733 D 775 B 817 D 859 B 901 A 943 A 985 B 1027 B
692 B 734 D 776 A 818 C 860 B 902 C 944 A 986 D 1028 C
693 B 735 D 777 A 819 B 861 C 903 A 945 C 987 B 1029 C
694 A 736 B 778 A 820 A 862 B 904 C 946 B 988 D 1030 C
695 D 737 B 779 A 821 B 863 D 905 A 947 B 989 A 1031 A
696 C 738 D 780 A 822 B 864 A 906 D 948 A 990 A 1032 B
697 B 739 C 781 A 823 B 865 B 907 B 949 B 991 A 1033 C
698 D 740 B 782 A 824 C 866 A 908 C 950 B 992 B 1034 B
699 A 741 A 783 A 825 A 867 B 909 D 951 B 993 B 1035 B
700 B 742 D 784 C 826 C 868 A 910 A 952 B 994 C 1036 C
701 C 743 D 785 A 827 C 869 A 911 A 953 D 995 C 1037 B
702 D 744 D 786 A 828 C 870 A 912 C 954 D 996 A 1038 A
703 C 745 C 787 D 829 A 871 C 913 A 955 C 997 A 1039 A
704 A 746 D 788 D 830 C 872 A 914 B 956 D 998 C 1040 A
705 A 747 D 789 C 831 B 873 B 915 D 957 C 999 A 1041 A
706 A 748 B 790 B 832 B 874 B 916 D 958 C 1000 D 1042 C
707 B 749 A 791 B 833 C 875 D 917 B 959 B 1001 A 1043 A
708 B 750 C 792 A 834 A 876 D 918 C 960 D 1002 A 1044 C
709 D 751 C 793 B 835 B 877 D 919 C 961 B 1003 A 1045 D
710 B 752 C 794 C 836 D 878 B 920 A 962 C 1004 B 1046 A
711 D 753 D 795 D 837 C 879 C 921 A 963 D 1005 A 1047 C
712 A 754 C 796 B 838 D 880 D 922 D 964 C 1006 A 1048 B
713 D 755 C 797 B 839 A 881 D 923 C 965 D 1007 D 1049 A
714 C 756 A 798 A 840 D 882 A 924 A 966 A 1008 A 1050 A
715 D 757 A 799 C 841 C 883 A 925 D 967 D 1009 B 1051 A
716 B 758 A 800 A 842 C 884 C 926 C 968 C 1010 C 1052 A
717 D 759 A 801 D 843 D 885 B 927 A 969 B 1011 B 1053 A
251
“TEST BOOKLET”
1054 C 1096 B 1138 D 1180 B 1222 B 1264 C 1306 C 1348 B 1390 D
1055 C 1097 B 1139 C 1181 D 1223 D 1265 A 1307 A 1349 D 1391 C
1056 A 1098 B 1140 C 1182 B 1224 B 1266 C 1308 C 1350 B 1392 B
1057 B 1099 D 1141 D 1183 B 1225 A 1267 B 1309 C 1351 B 1393 C
1058 A 1100 B 1142 B 1184 C 1226 B 1268 A 1310 D 1352 D 1394 D
1059 B 1101 A 1143 A 1185 A 1227 C 1269 C 1311 D 1353 D 1395 B
1060 C 1102 D 1144 B 1186 C 1228 C 1270 A 1312 C 1354 B 1396 B
1061 D 1103 C 1145 B 1187 D 1229 A 1271 D 1313 D 1355 C 1397 C
1062 A 1104 C 1146 D 1188 C 1230 C 1272 D 1314 B 1356 A 1398 B
1063 D 1105 D 1147 D 1189 A 1231 C 1273 B 1315 D 1357 B 1399 D
1064 A 1106 B 1148 B 1190 B 1232 C 1274 A 1316 D 1358 A 1400 C
1065 D 1107 A 1149 D 1191 B 1233 A 1275 C 1317 C 1359 B 1401 B
1066 D 1108 A 1150 D 1192 A 1234 C 1276 A 1318 C 1360 A 1402 A
1067 A 1109 B 1151 B 1193 B 1235 A 1277 A 1319 C 1361 B 1403 D
1068 C 1110 B 1152 C 1194 C 1236 A 1278 A 1320 B 1362 D 1404 B
1069 D 1111 D 1153 A 1195 B 1237 D 1279 B 1321 A 1363 C 1405 A
1070 C 1112 A 1154 C 1196 C 1238 D 1280 C 1322 D 1364 C 1406 D
1071 A 1113 B 1155 B 1197 A 1239 D 1281 C 1323 C 1365 D 1407 B
1072 A 1114 B 1156 D 1198 A 1240 A 1282 C 1324 B 1366 B 1408 C
1073 A 1115 D 1157 A 1199 B 1241 C 1283 A 1325 C 1367 A 1409 A
1074 C 1116 A 1158 A 1200 C 1242 B 1284 D 1326 B 1368 B 1410 B
1075 A 1117 C 1159 A 1201 B 1243 C 1285 B 1327 A 1369 C 1411 A
1076 C 1118 D 1160 A 1202 A 1244 C 1286 D 1328 A 1370 A 1412 D
1077 C 1119 B 1161 C 1203 C 1245 B 1287 C 1329 C 1371 C 1413 A
1078 B 1120 B 1162 A 1204 D 1246 A 1288 D 1330 C 1372 D 1414 D
1079 C 1121 C 1163 A 1205 B 1247 D 1289 D 1331 D 1373 D 1415 C
1080 A 1122 A 1164 D 1206 A 1248 B 1290 A 1332 D 1374 B 1416 D
1081 A 1123 C 1165 C 1207 B 1249 A 1291 A 1333 B 1375 B 1417 D
1082 A 1124 B 1166 D 1208 A 1250 C 1292 C 1334 B 1376 C 1418 D
1083 A 1125 A 1167 B 1209 B 1251 C 1293 C 1335 D 1377 B 1419 A
1084 C 1126 D 1168 A 1210 B 1252 D 1294 C 1336 D 1378 C 1420 D
1085 A 1127 D 1169 D 1211 A 1253 B 1295 A 1337 C 1379 D 1421 C
1086 A 1128 B 1170 C 1212 B 1254 B 1296 D 1338 D 1380 B 1422 D
1087 B 1129 A 1171 B 1213 A 1255 D 1297 C 1339 B 1381 B 1423 C
1088 A 1130 C 1172 C 1214 D 1256 B 1298 B 1340 C 1382 C 1424 A
1089 C 1131 A 1173 C 1215 A 1257 D 1299 D 1341 A 1383 B 1425 B
1090 A 1132 C 1174 C 1216 B 1258 B 1300 A 1342 A 1384 C 1426 B
1091 D 1133 A 1175 C 1217 B 1259 D 1301 A 1343 A 1385 D 1427 D
1092 B 1134 C 1176 B 1218 A 1260 C 1302 A 1344 A 1386 C 1428 C
1093 B 1135 C 1177 A 1219 B 1261 C 1303 C 1345 C 1387 B 1429 C
1094 D 1136 C 1178 C 1220 C 1262 A 1304 A 1346 A 1388 C 1430 D
1095 B 1137 A 1179 C 1221 A 1263 A 1305 C 1347 C 1389 C 1431 D
252
“TEST BOOKLET”
1432 D 1474 D 1516 B 1558 B 1600 A 1642 B 1684 A 1726 C
1433 C 1475 C 1517 C 1559 C 1601 A 1643 A 1685 C 1727 D
1434 A 1476 C 1518 C 1560 A 1602 C 1644 A 1686 D 1728 A
1435 A 1477 D 1519 C 1561 A 1603 A 1645 A 1687 B 1729 A
1436 C 1478 A 1520 C 1562 1604 D 1646 B 1688 B 1730 B
1437 A 1479 A 1521 B 1563 A 1605 B 1647 B 1689 B 1731 A
1438 B 1480 D 1522 A 1564 A 1606 A 1648 A 1690 D 1732 C
1439 C 1481 B 1523 C 1565 B 1607 A 1649 B 1691 D 1733 A
1440 A 1482 B 1524 B 1566 B 1608 A 1650 D 1692 B 1734 A
1441 B 1483 A 1525 C 1567 C 1609 A 1651 B 1693 A 1735 B
1442 A 1484 C 1526 B 1568 A 1610 D 1652 B 1694 C 1736 A
1443 A 1485 A 1527 B 1569 A 1611 D 1653 B 1695 B 1737 B
1444 A 1486 C 1528 A 1570 A 1612 B 1654 C 1696 D 1738 C
1445 C 1487 A 1529 B 1571 C 1613 B 1655 C 1697 A 1739 B
1446 B 1488 B 1530 A 1572 B 1614 D 1656 A 1698 A 1740 B
1447 B 1489 A 1531 A 1573 D 1615 C 1657 C 1699 B 1741 B
1448 C 1490 B 1532 A 1574 B 1616 C 1658 B 1700 B 1742 A
1449 C 1491 B 1533 A 1575 A 1617 B 1659 C 1701 B 1743 B
1450 B 1492 D 1534 A 1576 C 1618 B 1660 C 1702 B 1744 C
1451 C 1493 D 1535 C 1577 A 1619 A 1661 C 1703 C 1745 A
1452 B 1494 C 1536 B 1578 A 1620 A 1662 C 1704 D 1746 D
1453 C 1495 A 1537 C 1579 A 1621 A 1663 B 1705 C 1747 C
1454 C 1496 A 1538 C 1580 A 1622 A 1664 B 1706 A 1748 B
1455 B 1497 A 1539 A 1581 D 1623 A 1665 B 1707 C 1749 C
1456 B 1498 A 1540 C 1582 D 1624 A 1666 B 1708 C 1750 C
1457 A 1499 A 1541 B 1583 C 1625 A 1667 A 1709 D
1458 A 1500 B 1542 A 1584 C 1626 A 1668 A 1710 A
1459 A 1501 B 1543 B 1585 B 1627 C 1669 B 1711 A
1460 B 1502 B 1544 B 1586 C 1628 B 1670 B 1712 B
1461 B 1503 A 1545 C 1587 B 1629 B 1671 A 1713 C
1462 A 1504 A 1546 B 1588 C 1630 A 1672 B 1714 B
1463 B 1505 A 1547 A 1589 D 1631 C 1673 C 1715 B
1464 A 1506 A 1548 A 1590 C 1632 B 1674 A 1716 B
1465 B 1507 A 1549 D 1591 B 1633 B 1675 A 1717 B
1466 B 1508 B 1550 A 1592 D 1634 A 1676 C 1718 B
1467 B 1509 A 1551 D 1593 A 1635 B 1677 A 1719 B
1468 B 1510 B 1552 A 1594 B 1636 A 1678 B 1720 B
1469 C 1511 B 1553 D 1595 A 1637 A 1679 A 1721 A
1470 C 1512 A 1554 A 1596 B 1638 C 1680 A 1722 B
1471 D 1513 B 1555 A 1597 C 1639 B 1681 A 1723 B
1472 A 1514 A 1556 A 1598 C 1640 A 1682 C 1724 A
1473 B 1515 B 1557 A 1599 B 1641 C 1683 A 1725 A
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MAINS QUESTIONS
PRELIMINARY
POWER OF COURTS
ARREST OF PERSONS
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16. What is preventive arrest? Whether and in what circumstances it is competent for a police
officer to a person without a warrant? Is it permissible to detain such person in police
custody beyond twenty-four hours?
17. When can a private person arrest any other person?
18. A police officer has no definite knowledge or definite information that A is in possession of
an implement of housebreaking. Police officer arrests A. Is A‟s arrest illegal? Answer with
reasons.
19. A, a police officer reasonably suspects that B is a deserter from the Army. In consequence
of his reasonable suspicion, he arrests B without an order from a Magistrate and without a
warrant. Is the arrest made by A legal?
20. What is the procedure of arrest and what are the duties of the arresting officer under the
newly added Section 41B of Cr. P.C.? State whether a police officer can arrest the person
who complies with the terms of the notice under Section 41 A?
21. Is a police officer, arresting a person without any warrant, bound to communicate forthwith
to him the full particulars of the offence or other grounds for which he is arrested. Whether
such an arrested person entitled to be released on bail or not? [W.B.J.S 2000]
22. A, an accused is arrested by a police officer without a warrant. After arrest, A is detained in
the custody of police for 14 hours without the permission or order of a Magistrate. Is the
detention of A for 14 hours without the order of the Magistrate, illegal? Give the relevant
provision, if any, under the Code of Criminal Procedure, 1973.
23. A, an accused is arrested by B, a police officer, without a warrant. After such arrest, A was
kept in the custody of police for 30 hours without the order of a Magistrate for interrogation
in a very sensational case. Is the detention of the accused legal? Give reasons.
29. Describe, how an arrest is made? Also, discuss the provision regarding the arrest of women.
30. Discuss the procedure to be followed after a person is arrested by the Police, also discuss
when an accused may be remanded to judicial custody and police custody with reference to
the provisions contained in the Constitution of Indian and the Code of Criminal Procedure,
1973.
31. What are the provisions in Cr.P.C regarding the examination of the accused by a medical
practitioner at the request of a Police officer?
32. What is the provision under Cr.P.C regarding the examination of a person accused of rape
by a medical practitioner?
33. Is an arrested person entitled to be examined by a medical practitioner after his arrest?
34. State to whom a warrant of arrest may be directed. Whether such a warrant may be
“directed to a” person? Explain the circumstances and the law in this regard.
35. Summarize the procedural law dealing with an absconding person against whom a warrant
has been issued by the Court.
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PROCESS TO COMPEL PRODUCTION OF THINGS
36. Discuss the emergency procedure in the Code of Criminal Procedure for the discovery of
the person who is wrongfully confined.
37. The natural father took away his son from the custody of the adoptive father on the ground
that the adoption was invalid. Can the adoptive father take resort to the emergency
procedure for the discovery of his adoptive son?
38. In what circumstances can a show cause notice for furnishing security for his good
Behaviour be issued by a judicial magistrate Under Section 110 of Cr. P.C. (1973) and what
procedure shall be followed by such magistrate?
39. Who can require a person to execute a bond for keeping the peace under Section 107 Cr.
P.C.?
40. Discuss the rules relating to maintenance of wife, children and parents under Section 125,
Cr. P.C. Under what circumstance can a. husband seek alteration in. an order of
Maintenance made in favor of a divorced wife.
41. Give a brief account of principle regarding bail in criminal cases; Can a bail be demanded
as a matter of right?
43. What are the provisions contained in the Criminal Procedure Code regarding Maintenance
of a wife?
When and under what circumstances- the amount of maintenance used by a Court be
modified?
44. „The Criminal Procedure Code gives, effect to the duty of a man to maintain his wife,
children and parents.‟ When does this duty arise and how is it enforced?
45. When can an order for paying maintenance passed under Section 125 of the Code of
Criminal Procedure be altered?
46. How and when a Magistrate can set aside an exparte order passed while exercising Powers
under Section 126 of the Code of Criminal Procedure?
47. Can a Police Officer subordinate to the officer-in-charge of a police station seize any
Property which may be alleged or suspected to have been stolen or which may be found
under circumstances which create suspicion of the commission of a crime? If yes then what
further procedure such officer has to adopt?
48. Under what circumstances has a wife got a right to get maintenance form her husband? Can
this right be exercised by parents or illegitimate children also?
49. A was the wife of B.B divorced A and married again. Can A file an application for
maintenance against B and in which court?
50. Salima, the wife of Fatehdeen, obtains an order from the Magistrate under Section 125, Cr.
P.C. for her maintenance at the rate of Rs. 500/- p.m. on 1-4-1979. Fatehdeen Pronounces
Talak on her on the same day, i.e. on 1-4-1979 after the court had passed‟ the order against
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him. When on 2-5-1979 Salima presents application to the Magistrate that Fatehdeen had
not paid the amount of Rs. 500/- due on 1-5-1979, Fatehdeen pleads in his defence that
Salma had ceased to be his wife with effect from 1-4-1979 and therefore he had no
obligation to pay her the maintenance amount. Decide.
51. Madhuri presents a petition under Section 125, Cr. P.C. against Virendra Kumar for her
maintenance and for the maintenance of her three minor sons and for the maintenance of a
major daughter, who is an idiot, alleging that she had married Virendra Kumar about 20
years back secretly in a temple and now Virendra Kumar had turned her out of the house
and refused to maintain her and her sons and daughter. Virendra Kumar in his defence
pleads that Madhuri was no more than concubine and no marriage ceremony took place
between him and her at any time. Suppose the marriage is not proved. Decide.
52. How long does an order, passed under Section 144 Cr. P.C. remain in force?
53. What is the question which an Executive Magistrate can decide in proceedings under
Section 145 Cr. P.C. relating to a dispute concerning land which is likely to cause breach of
peace?
54. What are the various preventive measures prescribed in the Code of „Criminal Procedure for
the prevention of the commission of an offence and for keeping the peace?
55. Mrs. Singh returned unexpectedly from a holiday, to find four silver spoons missing. Asha,
her maid servant, was unable to account for them. Mrs. Singh shut her up in the servants-
bed room for four hours and then said to her “You stupid girl, do you not see how
unpleasant this is for every one? I can never forgive you if you lie to me. Where have you
put them?” in the presence of at Police Officer Asha then said to her mistress, “I gave them
to the young man I was going around with, as he was hard up”. Thereupon Mrs. Singh
handed over Asha to the police and Asha was tried for the theft of the four spoons. Can Mrs.
Singh give in evidence Asha‟s confession? Why not?
Would the confession be relevant, if so how much, if the Police Ouicer gives evidence that
in consequence of the confession he saw the young man and recovered the spoons From
him.
56. Discuss the admissibility and probative value of the following at the trial of B, C and D for
murder of E: Confession of A, recorded under Section 164 Cr. P.C. by a Magistrate,
implicating himself and his associates. A died before commencement of trial.
Confession by B during trail admitting the murder of E as alleged.
Extra-judicial confession by D to E‟s brothers obtained under threat that he must state the
truth or suffers lynching by hanging from a tree.
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57. Write a note on the procedure to be followed for recording confession of an accused under
section 164 of Cr. P.C.
58. When can a Search Warrant be issued?
59. Who can investigate a cognizable offence?
60. Who can record the confession of an accused under Section 164, Cr. P.C.?
61. When must a Police Officer investigating a case write the case-diary?
62. Describe the different orders that can be passed by Magistrates under Section 167 of
Criminal Procedure Code 1973?
JURISDICTION
63. What are the provisions of the Criminal Procedure Code regarding the place of trial in
criminal cases? What is the correct place of trial in the following case:
A is charged and tried at Delhi with wrongfully concealing a kidnapped person. The
kidnapping took place at Delhi but the concealment occurred in Simla.
64. When can a Magistrate take cognizance of any offence? Can a Session Judge take
cognizance of any offence as a Court of original jurisdiction?
65. On what basis can a Magistrate take cognizance of an offence?
COMPLAINTS TO MAGISTRATE
66. Discuss the ambit of the inquiry under Section 202 of the Code of Criminal Procedure,
1973.
67. Whether the Magistrate can take cognizance of the offence punishable under Section 138 of
the Negotiable Instrument Act on the basis of affidavit filed along with the complaint or is it
necessary to record the statement under Section 200 of the Code of Criminal Procedure?
Discuss on the basis of case law.
THE CHARGE
68. What is „charge‟? What are essential particulars of a charge? Discuss the effect of error in a
charge.
69. What types of errors in the framing of a charge vitiate the trial?
70. After the charge is framed and the trial is in progress whether the Court can alter the
charge?
71. State the procedure in a warrant case- instituted on a police report or instituted otherwise
than on a police report.
72. An accused is discharged or acquitted by the Court. Can he be tried again for the same
offence?
73. Whether an accused can be charged in the alternative with having committed some one of
the many offences?
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74. At what stage can a Court alter a charge?
75. Contents of charge under code of Criminal Procedure, 1973.
76. A is charged with murdering Haider Baksh on 20th January 1997 and Khuda Baksh on 21st
January 1997. When charged for the murder of Haider Baksh he was tried for the murder of
Khuda Baksh. The witnesses present in his defence were the witnesses in the case of Haider
Baksh. A is convicted by a court. A challenges the said conviction on the ground of error in
the charge. Decide.
77. For every distinct offence of which any person is accused, there shall be a separate charge,
and every such charge shall be tried separately. State the exceptions to this rule, if any.
78. A is accused of theft of a certain article at a certain time and place. Is it necessary to set out
in the charge, the manner in which the theft was affected?
79. A is accused of cheating B at a given time and place. Is it necessary to mention the manner
of committing the offence of cheating in the charge? Refer to the case law on this point.
80. A is accused of an attempt to commit the offence of cheating. Is it necessary for the trial
court to mention the manner of cheating while the court is framing charge against the
accused? Give reasons and refer to the case law, if any, on this point.
81. Whether charges under section 395 or 498-A IPC against more than one persons can be
framed without the aid of section 34 or 120-B IPC?
82. A is accused of committing the offence of cheating. The manner of committing the offence
was mentioned in the charge by the trial court. Some misdescription in the manner of
cheating occurred in the charge but misdescription was not such as to cause the accused A
to misunderstand the case against him. Will such a misunderstanding affect the trial? Give
reasons by referring the case law, if any, on this point.
83. Is a defective “charge” necessarily fatal to conviction?”
84. Three accused persons namely A, B and C commit the offence of cheating under Section
420 of I.P.C. in furtherance of their common intention. The trial court frames charge against
them under Section 420 of I.P.C. but do not mention Section 34 of I.P.C. (common
intention) in the charge. After trial, the court convicts them. A, B and C prefer an appeal
against such conviction. In the appellate court, the argument was advanced by the convicts
that non-mentioning of Section 34 in the charge misled them.
The appellate court is of the view that in the facts and circumstances of the case omission of
Section 34 in the charge by the trial court does not mislead the accused person. Should the
appellate court set aside the conviction of appellants on the ground that Section 34 of I.P.C.
was not mentioned in the charge? Give reasons, and also refer to the case law, if any, on this
point.
85. A is charged by the trial court for a certain offence. During the trial, the trial court added a
charge of another offence also against the accused A. Is the addition of a new charge during
a trial by the trial court valid? If so, refer to the relevant provision.
86. A is accused of a theft on one occasion, and of causing grievous hurt on another occasion.
Can A be charged together and tried at one trial for both the offences?
87. A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A
gives an application in writing to try both the offences at one trial. Can the Magistrate do
so?
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88. A commits two offences of the same kind against B within a year. Can A be charged and
tried for the offences at one trial? Give reasons.
89. Can a person charged with an offence, which on facts proved reduces it to a minor offence,
be convicted of that minor offence, although he was not charged with it?
90. A, an accused is charged with culpable homicide not amounting to murder. Can he be
convicted for „criminal breach of trust‟ without specifically framing the charge for criminal
breach of trust?
91. A is charged for murder by the trial court under Section 302 I.P.C. But court convicts him
for „abetment for murder‟ without framing the charge for same. A prefers an appeal for
setting aside the conviction on the ground that no charge was framed for „abetment for
murder‟. Prosecution opposes the admission of appeal on the ground that it is a minor
offence and it is not necessary to frame the charge specifically in view of Section 222(2).
Will the prosecution succeed? Give reasons for your answer.
92. A and B are said to have committed the offence of cheating under Section 420 I.P.C. in
furtherance of common intention (Section 34, I.P.C.). The charge is framed against them by
the trial court under Section 420, I.P.C. But after trial, the trial court convicts only A under
Section 420 I.P.C. A prefers an appeal for setting aside the conviction on the ground that
while the charge was framed under Section 420 read with Section 34 of I.P.C., he alone
cannot be convicted under Section 420 of I.P.C. Is the conviction of A sustainable at law?
Give reasons and refer to the case law, if any, on the point.
WARRANT TRIAL
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SUMMON TRIAL
99. In a summons case, the complainant is absent at the appointed date of hearing. What orders
can the Magistrate pass in such circumstances?
SUMMARY TRIAL
100.Discuss the summary procedure given in the Code of Criminal Procedure for trial for giving
false evidence.
101.Can summary trial be held in the following cases?
(a) in contempt of court
(b) theft cases
(c) insult cases
(d) in cases where the accused pleads guilty?
102.What is „Plea Bargaining‟? Covering all related issues, state in brief.
103.Whether an appeal can lie against a judgment passed under the provisions of Section 265F
Chapter XXI-A of criminal procedure code?
104.Who is competent to determine the language of each Court within the State other than the
High Court for the purpose of Code of Criminal Procedure, 1973?
105.What should be done in a case where the accused is present, but the evidence is given in
language not understood by him?
106.In what circumstance can evidence e given by affidavit in an inquiry or trial?
GENERAL PROVISIONS
108.Describe the procedure laid down in the Code of Criminal Procedure for the trial of an
accused where he is lunatic or of unsound mind.
MISCELLANEOUS
109.A is convicted of three offences by a criminal court competent to try such offences and the
court passes sentence of imprisonment in all three cases; Individually the court is
competent to pass the sentences but the aggregate of theme exceeds the aggregate of them
exceeds the punishment prescribed for any single offence.
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110.Whether A needs to be sent for trial to a higher court? State the law.
111.Can a complaint be made against an unknown person or persons?
112.Mention the procedure to be followed by a High Court when an offence is tried by it.
113.State the procedure of delivery to commanding officers of persons liable to be tried by
Court-Martial.
114.State the power of High Court to make rules.
115.What is the power of the State Government to alter functions allocated to Judicial and
Executive Magistrates in certain cases?
116.When is a Judge or Magistrate disqualified from trying a case?
117. (1) Can a practicing pleader sit as Magistrate in certain courts?
(2) Can a public servant concerned in sale, purchase or bid for a property?
118. (1) What do you understand by inherent powers of the High Court? When can this power
be exercised?
(2) Can High Court quash F.I.R. on special grounds while exercising its inherent powers?
Express your views critically, citing case law.
ADMINISTRATION OF JUSTICE
119.According to law, no judge or magistrate or a public servant, not removable from his Office
save by or with the sanction of the government, accused of any offence alleged to Have
been committed by while acting or purporting to act in the discharge of his official duty,
shall be tried for such offence except with the previous sanction of the Central or the State
Government, as the case may be.
120.Whether taking or accepting illegal gratiucation is an act done in the discharge of the
Official duty for which such a sanction is necessary?
JUDGMENT
121.Discuss the provisions of the Code of Criminal procedure, 1973 in relation to grant of
compensation to the persons groundlessly arrested.
122.Discuss the provisions relating to Victim Compensation Scheme prescribed under Section
357A, grant of compensation as per Section 357B and treatment of victims as per provisions
of Section 357C of the Code of Criminal Procedure, 1973.
123.State the cases in which and the persons to whom the court can direct the accused to pay
compensation.
124.Can the Court when it has signed its judgment or final order disposing of the case alter or
review the decision?
125.What is judgment under Cr.P.C? What are the essentials to be incorporated in judgment
discuss?
126.What will be the language and contents of judgment?
127.Discuss the constitutional validity of clause (5) to Sec. 354.
128.Enumerate the contents of a Metropolitan Magistrate‟s Judgment.
129.Under what circumstances a court is entitled to make an order to pay compensation?
130.Discuss the provisions of Cr. P.C. regarding the victim compensation scheme.
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131.How are the persons arrested groundlessly, compensated? Write a short note on order to pay
costs in non-cognizable cases?
132.What provisions have been made in Cr.P.C. regarding probation?
133.Comment on the following:
1. Court not to alter judgment.
2. Copy of judgment to be given to the accused and other persons.
134.What are the provisions contained in Criminal procedure Code regarding death sentence?
APPEALS
135.Who can appeal against an original or appellate order of acquittal passed by a Sessions
Judge, and how can such an appeal be preferred?
136.What is an appeal? What are the cases in which no appeal lie? Can a revision be filed where
the right of appeal is not exercised?
137.To what court an appeal lies against conviction? Can there be an appeal, if the accused
pleads guilty? Where does an appeal lie in case of an acquittal?
138.What is the difference, if any, between the scope of an appeal against an order of acquittal
and an appeal against an order of conviction?
139.Describe the procedure of summary dismissal of the appeal.
140.A is tried by a court of session and he is convicted. The court passes a sentence of
imprisonment for two months and Rs. 200 as fine. A wants to file an appeal in the High
Court against his conviction. Advice.
141.State whether a revision of appeal lies in the following cases, and in which Court?
1. A First Class Magistrate with summary powers in a summary trial convicts the accused
to a fine of Rs. 150.
2. A Sessions Judge in a Sessions Trial convicts the accused to two weeks of rigorous
imprisonment.
3. A Second Class Magistrate discharges the accused before framing the charge-sheet in a
warrant case.
142.Does an appeal lie where a Magistrate of the 1st class passes only a sentence of fine not
exceeding one hundred rupees?
143.A High Court convicts a person and passes a sentence of imprisonment for six months and
also imposes a fine of Rs. 200. The convict wants to prefer an appeal against such
conviction by the High Court. Is his appeal maintainable?
144.State the procedure relating to suspension of sentence and release of the appellant pending
the appeal?
145.Whether the accused against whose acquittal an appeal has been filed can be arrested by the
Appellate Court?
146.Describe the procedure of hearing appeals not dismissed summarily?
147.Describe the power of the Appellate Court?
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148.State the procedure relating to suspension of sentence and release of the appellant pending
the appeal?
149.State when the Appellate Court may take further evidence or direct to be taken?
150.Write a note on the appellate and revisional powers of the High Court in a criminal case.
151.A and B are tried by a court for the same offence. The trial court convicted the accused A
and passes a sentence which is appealable, while the court convicting the accused B passes
a sentence which is not appealable. B wants to prefer the appeal. Advise B.
152.A, an accused is convicted by a Magistrate B while the accused A was already in jail. A,
after conviction, files an application for bail under Section 389. The same is rejected by the
B. Thus, A could not come out from jail and take help from his friends or relatives to
engage a lawyer to prefer an appeal. Can A prefer an appeal from jail? State with reasons.
153.X is tried and convicted by a court of session under Section 376 I.P.C. for the offence of
rape. X prefers an appeal in the High Court against the order of conviction passed by the
Sessions Judge. On appeal, the High Court is satisfied that there is no sufficient material to
convict the accused X. Consequently, the High Court discharges the accused. Is the order of
discharge passed by the High Court legal? Give the relevant provision of Cr. P.C. in this
regard, if any, and also refer to the case law on the point, if any.
154.A, an accused is charged and convicted for theft under Section 380 (theft in a building) of
I.P.C. by a Magistrate, for 2 years imprisonment. The convict A prefers an appeal against
the conviction. The appellate court alters the finding and convicts the accused under Section
379 (theft simplicitor) but maintains the sentence of imprisonment of 2 years. Is the order
passed by the appellate court sustainable at law? Give reasons in support of your answer
155.A is charged and tried for the offence of „criminal (dishonest) misappropriation‟ and
convicted. He files an appeal under Section 386 (b) (ii), Cr. P.C. against the judgment of
conviction passed by the trial court. On appeal, the appellate court alters the finding in
regard to the offence of `criminal breach of trust‟ and enhances the sentence of
imprisonment passed by the trial court. Is the order passed by the appellate court under
Section 386(b) (i) legal? Give reasons in support of your answer and refer to the case law, if
any, on the point.
A, an accused is convicted by the trial court. Being aggrieved by the order of conviction
passed by the trial court, the convict A prefers an appeal in the appellate court. The appeal is
admitted by the appellate court. But on the date of hearing fixed by the appellate court,
neither appellant nor his lawyer appears before the appellate court. The appellate court
further fixed the date of hearing.
Again neither appellant nor his lawyer appeared before the appellate court. The appellate
court dismissed the appeal without going into the merit of the case, on the ground of non-
appearance of the appellant or his lawyer. Is the order of dismissal passed by the appellate
court legal? Give reasons in support of your answer and refer case law, if any, on the point.
156.A is charged under Section 302 for the murder of B. He is tried by the Sessions Judge and
acquitted. The State prefers an appeal to the High Court against the order of acquittal passed
by the Sessions Judge. During the hearing of an appeal, the Public Prosecutor did not appear
before the High Court. The High Court dismissed the appeal without going into the merit of
the case on the ground that the Public Prosecutor was absent on the dates of hearing. Is the
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order of dismissal of appeal passed by the High Court legal? Refer to case laws, if any, on
the point.
157.A is prosecuted under Section 302 I.P.C. for the murder of B and is acquitted by the trial
court. The State prefers an appeal in the High Court against such acquittal. The appeal is
admitted. During the hearing of the appeal, the prosecution wants to withdraw the appeal.
Can the prosecution do so? Give reasons in support of your answer and also refer to the
„authority‟, if any, on the point.
158.Is there any circumstance when an appeal can be withdrawn? Give reasons in support of
your answer and refer to the case law, if any, on the point.
159.Is it necessary for the High Court to assign reasons while summarily dismissing an appeal
under Section 384, Cr. P.C.? Refer to the relevant case laws on the point.
160.What is an appeal? What are the cases in which no appeal lie? Can a revision be filed where
the right of appeal is not exercised?
161.To what court an appeal lies against conviction? Can there be an appeal, if the accused
pleads guilty? Where does an appeal lie in case of an acquittal?
162.What is the difference, if any, between the scope of an appeal against an order of acquittal
and an appeal against an order of conviction?
163.Describe the procedure of summary dismissal of the appeal.
164.A is tried by a court of session and he is convicted. The court passes a sentence of
imprisonment for two months and Rs. 200 as fine. A wants to file an appeal in the High
Court against his conviction. Advice.
165.State whether a revision of appeal lies in the following cases, and in which Court?
(a) A First Class Magistrate with summary powers in a summary trial convicts the accused
to a fine of Rs. 150.
(b) A Sessions Judge in a Sessions Trial convicts the accused to two weeks of rigorous
imprisonment.
(c) A Second Class Magistrate discharges the accused before framing the charge-sheet in a
warrant case.
166.Does an appeal lie where a Magistrate of the 1st class passes only a sentence of fine not
exceeding one hundred rupees?
167.A High Court convicts a person and passes a sentence of imprisonment for six months and
also imposes a fine of Rs. 200. The convict wants to prefer an appeal against such
conviction by the High Court. Is his appeal maintainable?
168.State the procedure relating to suspension of sentence and release of the appellant pending
the appeal?
169.Whether the accused against whose acquittal an appeal has been filed can be arrested by the
Appellate Court?
170.Describe the procedure of hearing appeals not dismissed summarily?
171.Describe the power of the Appellate Court?
172.State the procedure relating to suspension of sentence and release of the appellant pending
the appeal?
173.State when the Appellate Court may take further evidence or direct to be taken?
174.Write a note on the appellate and revisional powers of the High Court in a criminal case.
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175.A and B are tried by a court for the same offence. The trial court convicted the accused A
and passes a sentence which is appealable, while the court convicting the accused B passes
a sentence which is not appealable. B wants to prefer the appeal. Advise B.
176.A, an accused is convicted by a Magistrate B while the accused A was already in jail. A,
after conviction, files an application for bail under Section 389. The same is rejected by the
B. Thus, A could not come out from jail and take help from his friends or relatives to
engage a lawyer to prefer an appeal. Can A prefer an appeal from jail? State with reasons.
177.X is tried and convicted by a court of session under Section 376 I.P.C. for the offence of
rape. X prefers an appeal in the High Court against the order of conviction passed by the
Sessions Judge. On appeal, the High Court is satisfied that there is no sufficient material to
convict the accused X. Consequently, the High Court discharges the accused. Is the order of
discharge passed by the High Court legal? Give the relevant provision of Cr. P.C. in this
regard, if any, and also refer to the case law on the point, if any.
178.A, an accused is charged and convicted for theft under Section 380 (theft in a building) of
I.P.C. by a Magistrate, for 2 years imprisonment. The convict A prefers an appeal against
the conviction. The appellate court alters the finding and convicts the accused under Section
379 (theft simplicitor) but maintains the sentence of imprisonment of 2 years. Is the order
passed by the appellate court sustainable at law? Give reasons in support of your answer
179.A is charged and tried for the offence of „criminal (dishonest) misappropriation‟ and
convicted. He files an appeal under Section 386 (b) (ii), Cr. P.C. against the judgment of
conviction passed by the trial court. On appeal, the appellate court alters the finding in
regard to the offence of `criminal breach of trust‟ and enhances the sentence of
imprisonment passed by the trial court. Is the order passed by the appellate court under
Section 386(b) (i) legal? Give reasons in support of your answer and refer to the case law, if
any, on the point.
180.A, an accused is convicted by the trial court. Being aggrieved by the order of conviction
passed by the trial court, the convict A prefers an appeal in the appellate court. The appeal is
admitted by the appellate court. But on the date of hearing fixed by the appellate court,
neither appellant nor his lawyer appears before the appellate court. The appellate court
further fixed the date of hearing.
Again neither appellant nor his lawyer appeared before the appellate court. The appellate
court dismissed the appeal without going into the merit of the case, on the ground of non-
appearance of the appellant or his lawyer. Is the order of dismissal passed by the appellate
court legal? Give reasons in support of your answer and refer case law, if any, on the point.
181.A is charged under Section 302 for the murder of B. He is tried by the Sessions Judge and
acquitted. The State prefers an appeal to the High Court against the order of acquittal passed
by the Sessions Judge. During the hearing of an appeal, the Public Prosecutor did not appear
before the High Court. The High Court dismissed the appeal without going into the merit of
the case on the ground that the Public Prosecutor was absent on the dates of hearing. Is the
order of dismissal of appeal passed by the High Court legal? Refer to case laws, if any, on
the point.
182.A is prosecuted under Section 302 I.P.C. for the murder of B and is acquitted by the trial
court. The State prefers an appeal in the High Court against such acquittal. The appeal is
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admitted. During the hearing of the appeal, the prosecution wants to withdraw the appeal.
Can the prosecution do so? Give reasons in support of your answer and also refer to the
„authority‟, if any, on the point.
183.Is there any circumstance when an appeal can be withdrawn? Give reasons in support of
your answer and refer to the case law, if any, on the point.
184.Is it necessary for the High Court to assign reasons while summarily dismissing an appeal
under Section 384, Cr. P.C.? Refer to the relevant case laws on the point.
185.Sessions Judge has rejected the petitioner‟s provisional application. Can he challenge the
order in revision before the High Court?
186.What is the nature of the revisional jurisdiction of the High Court?
187.In what type of cases can a Court make a reference to the High Court?
188.Who can transfer a criminal case from a Criminal Court subordinate to one High Court to a
Criminal Court subordinate to another High Court? Who must apply for such transfer?
189.What is the power of the Supreme Court and the High Courts to transfer cases and appeals?
State the law fully. Can a case be transferred by the High Court in the following cases?-
190.A, an accused of economic offences, alleges that on account of certain remarks made by the
judge he apprehends that judge is prejudiced against him.
191.A, an accused of rape, pleads for the transfer of the case on the averment that the entire city
was against him and whenever he is taken to the court there are huge demonstrations against
him and people try to hit him with stones, and in such circumstances no one was willing to
come forward to give evidence in his favor. Decide the above cases giving arguments from
both sides.
192.Can a criminal trail be transferred from one state to another? If so by whom?
193.Discuss in detail the provisions relating to anticipatory bail provided in the code of criminal
Procedure, 1973.
194.When can bail be granted? What are the remedies available to a person to whom bail is
refused by the court?
195.Can a Magistrate refuse to admit an accused to bail on the failure of the prosecution to the
Final Report/ Charge Sheet, against him within the time stipulated under Section 167 of the
Code of Criminal Procedure; explain with reference to the latest decision on the subject
given by the Supreme Court.
196.The provisions relating to granting of bail in the Criminal „Procedure Code have been
liberally constructed by the Courts in recent years. Elucidate
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197.Please describe the procedure to be followed by a Criminal Court for the forfeiture of a bail
bond for the appearance of a n accused in court n the accused absenting himself on a date of
hearing.
198.Can a bail bond for the appearance of an accused in a court at place A be forfeited on the
failure of the accused to appear before another court at place B on the transfer of the case to
that court?
199.Can a magistrate grant bail to an offender who has been guilty of an offence punishable
with death or imprisonment of life? If yes, then in what circumstances an offender can be
enlarged on bail?
200.Can there be bail before arrest? If so, state the circumstances and conditions in which such
bail can be granted and by whom?
201.A, a political leader and a Cabinet Minister in a former State Government applies for
anticipatory bail avering that the Government is planning to prosecute him for his alleged
involvement in Emergency excesses and the investigations are in progress in several –
Districts. He apprehends that he may be arrested at any time.
202.A alleges that he had been falsely implicated in the murder of X, a political opponent, and is
likely to be arrested at any time. He applies for anticipatory bail. Can A be granted
anticipatory bail in the above cases? Give arguments on both sides supported by case law.
203.Can bail be taken in case of non-bailable offence?
204.When may a bail be taken? When bail may be taken even in case of a non-bailable offence?
Has the court of Sessions or High Court special powers regarding bail?
205.Is there any question of discretion in the matters of granting bail in case of a bailable
offence?
206.When Bail may be claimed as a matter of right?
207.When bail may be canceled?
208.An accused is arrested in a bailable offence and he is released on bail. During the 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? Give
reasons briefly.
209.1. Anita aged 16 years a domestic servant is caught red-handed stealing Rs. 25,000 from
the drawer of the house owner. Her father moves a bail application before you. Decide
her bail application.
2. Raju and Sonu aged around 20 years caught while they were fleeing after snatching a
gold chain Mrs. Asha at Knifepoint. Chain and knife are recovered from them. Decide
their bail application.
210.What do you mean by `anticipatory bail‟? When it is granted? What is the difference
between general provisions of bail and anticipatory bail?
211.X, having reason to believe that he may be arrested on an accusation of having committed
offence of voluntarily causing grievous hurt, makes an application for anticipatory bail. Will
you grant or reject such an application? [WBJS 1998]
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212.A Sessions Judge rejects an application for anticipatory bail. Can the applicant thereafter
file a fresh application before the High Court? [WBJS 1999]
213.Can an „anticipatory bail‟ be granted to a person against whom no F.I.R./ complaint has
been lodged/filed.
214.Is it correct to say that the Magistrate taking cognizance of an offence relating to the
accusation in respect of which anticipatory bail has been granted, is competent to issue in
the first instance, a non-bailable warrant of arrest? [WBJS 1998]
215.A, a Sessions Judge while granting the anticipatory bail to accused B, who is the Foreign
Minister of India, imposes a condition that he (B) shall not leave the country without the
prior leave (permission) of the court. Is the condition imposed by the Sessions Judge valid?
LIMITATION
WARRANT
225.What is a warrant? To whom it is directed? State the procedure for its execution.
226.Discuss the process of a court to take a bond for an appearance from a person who is present
before the court and for whose appearance such court is empowered to issue summons or
warrant. Can a person who has filed a bond be arrested? if so under what circumstances.
227.A, an accused is arrested by a police officer B in the execution of a warrant issued against
him. The police officer, executing the warrant of arrest, keeps the accused A in his custody
for 26 hours after such arrest on the basis of a warrant. Is the detention of A after arrest in
compliance with the warrant, legal? Give reasons.
228.A is arrested by a police officer B in the execution of a warrant issued against him by a
court. The accused A could not be produced before the court after such arrest within 24
hours of mandatory provision prescribed by Section 76, as the journey from the place of
arrest to the court cannot be completed earlier than 30 hours. Does the non-production of A
before the court within 24 hours make the custody of A illegal? Give reasons.
229.Write a short note on the search warrant and production warrant.
230.What do you mean by Search Warrant and Production Warrant?
231.Can a search warrant be issued under Section 97 in respect for a minor wife kept by
husband against her wishes? Discuss
SUMMONS TO PRODUCE
232.Can an accused invites section 91 Cr.P.C. to bring on record some documents before
arguments on charge?
MAINTAINANCE
235.What provisions have been made for the maintenance under the Cr.P.C? When the wife
loses her right to maintenance?
236.A, a Hindu married man performs another marriage with Hindu rites with W. Is W entitled
to maintenance from A if he neglects to maintain W and if W is not in a position to maintain
herself?
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237.A, a minor child of 14 years of age, has got a prize of rupees one crore in a Television show
namely, „Kaun Banega Karorpati‟. Can he claim maintenance from his/her father, if father
neglects or refuses to maintain him/her?
238.Whether a person can be ordered to pay maintenance to an adult son who is physically
disabled and unable to maintain himself?
239.A, a married major daughter is unable to maintain herself due to her mental abnormality. Is
she entitled to be maintained by her father who has sufficient means to maintain? Give
reasons in support of your answer.
240.H files a petition for divorce against his wife W on the ground of desertion. The court is
satisfied that the case of H is covered by desertion and it awards the decree of divorce in
favour of H, on the ground of desertion to the husband. After divorce, the wife files a
petition under Section 125, Cr. P.C. for maintenance. Is she entitled to get maintenance
from her husband?
241.Pradeep a Hindu youth is in love with Bina, a young Parsi girl. Bina conceives and was
advanced in pregnancy up to seven months they both went to the office of the Sub-Registrar
and executed a marriage document.
Bina bore three issues from Pradeep. Subsequently, Bina moves an application for
maintenance alleging cruelty and neglect on the part of Pardeep. Pradeep contests the
validity of the marriage and contents that no presumption could be drawn in regard to the
paternity of the first child. Decide.
242.A and B were married at Calcutta. They last resided together in Delhi. A came on transfer to
Jaipur leaving B with her brother at Delhi. He neglected and refused to maintain B. At what
places application of maintenance under Section 125 of the Code of Criminal Procedure can
be filed?
243.Can a Magistrate refuse to grant maintenance to a wife? If so, under what circumstances can
the maintenance of the wife be refused?
244.Being fed up with each other‟s quarreling nature, both husband and wife entered into an
agreement in which the wife‟ agrees to live separately from her husband permanently and
the husband agrees to pay her a monthly maintenance allowance of Rs. 1,000/-. After six
months the husband refuses to pay the amount. Can the wife enforce the agreement against
her husband in a court of law?
245.The wife filed an application under Section 125 Cr. P. C. against her husband claiming
maintenance in a court at Delhi on 24.06.1988. Prior thereto, she had sent a notice also, to
him, in April 1988. The husband filed a petition under Section 9 of the Hindu Marriage Act,
1955 in a court at Varanasi in May 1988 and obtained an ex- parte decree for restitution of
conjugal rights against his wife.
In the proceedings under Section 125 of the Code, the husband pleads that the said ex-parte
decree is binding upon the Criminal Court, which decree establishes that his wife had
refused to live with him without sufficient cause and as such, the wife is not entitled to the
grant of any maintenance. Decide.
246.The wife filed an application under Section 125 Cr. P.C. claiming maintenance for herself
as also minor daughter alleging that at the time of her marriage with the respondent
sometime in 1981, the fact that the respondent was already married and his spouse was
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living was not known, and that after the discovery of the previous marriage of the
respondent the relationship between the parties gradually became strained and ultimately the
respondent started totally neglecting the applicant and the minor daughter and refused to
maintain them.
The respondent denied his liability to pay any maintenance and pleaded that the applicant
was fully aware of his first marriage and the fact that his first wife was living at that time.
Decide.
247.What are the powers of a Magistrate and a police-officer in dispersing unlawful assemblies?
248.A, a married man performs sexual intercourse outside wedlock. Consequently, a child is
born. Can such a child claim maintenance from A under Section 125, Cr. P.C.?
258.Discuss the provision relating to the arrest of person to prevent the commission of
cognizable offence.
259.Write an explanatory note on the meaning, utility and significance of the First Information
Report. What is the effect of delay in filing F.I.R.?
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260.A voluntarily causes hurt to B. B goes to police station to lodge F.I.R (First Information
Report). Should the police officer record the F.I.R.? Give reasons for your answer?
261.Information as to the commission of offence has been given to an officer in charge of Police
Station on the telephone, P.O. reached on spot and recorded the statements of the
complainant/ Whether Statement of the complainant is presumed FIR.
262.What do you mean by Multiple F.I.R.? What is the evidentiary value of it?
263.A lodged First Information Report alleging that in the morning, he has hacked his aunt to
death with an axe and the dead body was lying at his house. The dead body and blood
stained axe were recovered therefrom by the police. A is prosecuted for murder. There is no
eyewitness or any other evidence against him. Prosecution seeks A‟s conviction for murder
on the basis of his version contained in the First Information Report.
Examining the validity of this contention and the admissibility of the First Information
Report as a substantive piece of evidence. Decide.
264.What procedure is to be followed when an F.I.R. is made in respect of cognizable and non-
cognizable Cases? What are the powers of the police officer for investigation?
265.Describe the procedure for investigation.
266.A is alleged to have committed the murder of B. The F.I.R. was lodged after two days. The
police station was two miles away from the place of occurrence. The trial court convicts A
relying on F.I.R., as the witnesses have supported the prosecution case mentioned in the
F.I.R. Is the conviction of A valid? Give reasons in support of your answer.
267.A is murdered by B. The F.I.R. is lodged by C (father of A) against B on the basis of
information received by some of the villagers who witnessed the occurrence. The
occurrence was not personally seen by C, the informant. Is the F.I.R. valid? Give reasons in
support of your answer.
268.A, an unmarried girl is raped by B. The father of the girl lodged the F.I.R against B after 7
days, explaining the delay.
The father stated that members of the family took some time in lodging the F.I.R. because
they were discussing whether to initiate the prosecution or not, as the honour of the girl was
in question. Can the F.I.R. be relied upon by the court or the court should acquit the accused
giving benefit of doubt? Give reasons supporting your answer and also refer to the case law
on the point.
269.A attempts to commit the murder of B at about 9.30 a.m. on 02.07.1975. After such an
attempt the victim was taken to hospital for treatment, where he died at about 10.55 a.m. on
the same day. The F.I.R. was lodged at about 1 p.m. on the same day. Will the F.I.R. be
considered to be lodged with great delay as to make the prosecution case unreliable? Refer
to the case law, if any, on the point. Credit will be given if the Supreme Court‟s decision is
referred on the point.
270.A, B, C, D and E are alleged to have committed the dacoity in the house of X. X lodged an
F.I.R. but does not mention occurrence in detail. Can the prosecution case be relied upon?
271.A, B, C, D, and E are alleged to have committed dacoity in the house of X. During dacoity
the accused persons also murdered X. The wife of X who is a „rustic laywoman‟ lodged the
F.I.R. but did not give some incidental facts relating to occurrence. Can the F.I.R. be relied
upon? Give reasons in support of your answer.
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272.A is traceless for the last 4 days. Police doubt that either A has been murdered or kidnapped.
But there is no F.I.R. in this regard. Can the police start investigation in this respect without
an F.I.R.? Give reasons, supporting your answer and refer to the case law, if any, on this
point.
273.How are the witnesses examined by the police?
274.Can a witness be compelled to sign his statement recorded by the police during an
investigation under sec. 161 of the Cr. P. C.? Discuss how such a statement is used in
evidence. Discuss also the latest case law on the subject.
275.A, a Sub-Inspector of the police, in the course of holding an investigation in a murder case
examines some of the prosecution witnesses and reduces their statements in writing and
obtains their signatures on such statements.
1. Is the procedure in the above case correct?
2. Can the prosecution make use of such statements in the trial of the accused?
276.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 under Section 161 Cr.P.C. The defence object to it.
Decide the objection.
277.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 courtroom before he entered the
witness-box. It is contended by the defence that the entire testimony of this witness is
excluded from consideration. Decide this plea.
278.What do you understand by the confession? Discuss the law relating to confessions. At what
stage can such confession be recorded?
279.Write a short note on Statements recorded under Sections 161 and 164 Cr.P.C.
280.A commits an offence in Agra but makes a confession before the Judicial Magistrate,
Jaipur, who has no power to try the case. Is the confession valid, if it is recorded by the
Magistrate after following the procedure, laid down in Section 164, Cr.P.C?
281.A, an accused makes a confession before the Metropolitan Magistrate, Delhi during an
investigation under Section 164 Cr. P.C. but he does not sign the confessional statement
recorded by the Magistrate. Is the confession recorded under Section 164, Cr. P.C. valid?
282.Discuss the provision under Cr.P.C regarding the medical examination of the victim of rape.
283.What is the remedy of an investigating police-officer in case he wants to detain a person
arrested for more than 24 hours?
284. „X‟ a petty hawker engaged in selling pens and sundry items at I.S.B.T. is produced before
you by the police on 11.10.99 on the allegations that he was arrested on the previous day i.e.
10.10.99 in case F.I.R. 301/99 Police Station Kashmere Gate under section 379 I.P.C.
relating to pickpocket of a passenger P, who arrived at I.S.B.T. on the night intervening
06.10.99 and 07.10.99; cash amounting to Rs.300/- ball-pens numbering about four dozen
and several key rings were recovered from the personal search of „X‟ during the course of
interrogation confessed to have picked the pocket of a passenger on the night of 06.10.99
and 07.10.99 and could get recovered the stolen purse.
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Identity Card of the passenger and a part of the cash from the house of his sister in
Mangolpuri. Police prayed that „X‟ be given in police custody for two days enable them to
affect the recovery of the stolen articles and complete the investigation. On the other hand, a
plea for the release of „X‟ on bail was made on the ground that he is innocent and police
have falsely implicated him in the theft case and he never made any confession about the
incident of theft. Case diaries produced before you showed the factum of the arrest of „X‟
on 10.10.99 his interrogation but there existed no confession of „X‟ Decide the prayer of
police and the plea of „X‟.
285.A, an accused is being tried by a Magistrate in summons case. The investigation is not
concluded within six months from the date on which the accused was arrested. The
concerned Magistrate passes an order under Section 167(5), Cr. P.C. to stop the further
investigation and discharges the accused while the officer conducting the investigation
satisfies the Magistrate that for special reason and for the ends of justice, the investigation
requires to be continued beyond the period of six months.
Can the Sessions Judge of the same sessions division vacate the order of concerned
Magistrate passing the order of stopping further investigation? If so, under which provision
of law can the Sessions Judge do so?
286.A, an accused is aggrieved by the order passed under Section 167(5), not to stop further
investigation even when the investigation was not concluded within six months from the
date on which he was arrested. Being aggrieved by the order of the magistrate, he (A) does
not file any application before the Magistrate and directly files an application before the
Sessions Judge to vacate the order of the magistrate. Can the Sessions Judge entertain the
petition filed by A?
287.On 23.03.1988 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 an application for cancellation of bail on the grounds that
the charge sheet has since then been filed, that the offence alleged is of serious nature
punishable with a 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 having been purchased is absconding and investigation in the case could not be
completed within the time frame. Decide.
288.What is Police Diary? State its object.
289.Report of Police Officer on completion of an investigation.
290.A lodged a report with the police for the offences under sections 323, 342 read with section
34 I.P.C. 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 person. After recording preliminary evidence,
the Magistrate passed the impugned order of summoning the accused persons. Decide the
legality of the order.
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291.Explain the duties and rights of investigation of the officer-in-charge of a police station in a
case of murder, death in accident or suicide etc.
292.What is a Post Mortem Report?
293.A files a petition in the Court of Chief Judicial Magistrate regarding commission of an
offence but makes no prayer for taking action against accused persons. Can this petition be
treated as complaint petition?
294.Locus standi in a Protest Petition: Can it be entertained after acceptance of the closure
report?
295.Describe the procedure to be followed when there is a complaint case and police
investigation in respect of the same offence.
296.What is the provision for supplying the copies of the Police Report and other documents to
the accused?
297.Contents of charge under code of Criminal Procedure, 1973.
298.Suppose you are a Public Prosecutor in a Sessions Court. A murder case has been entrusted
to you. What steps will you take during the course of the trial till its conclusion? What steps
shall the court take? State in detail.
299.Can a police officer refuse to register a first information report on the ground that the said
police station does not have territorial jurisdiction over the place of crime? Answer referring
to relevant provisions of the Code of Criminal Procedure.
300.Can an investigating police officer require the attendance of witnesses? Discuss his powers
in such a case.
301.A is alleged to have committed the murder of B. The F.I.R. was lodged after two days while
the police station was only one mile away from the place of occurrence. Delay in lodging
F.I.R. was reasonably explained by the prosecution. The trial court convicts A relying on
the F.I.R., as the witnesses have supported the prosecution case mentioned in the F.I.R. Is
the conviction of A by trial court valid? Give reasons in support of your answer.
302.A is alleged to have committed the murder of B. The F.I.R. was lodged against A when
inquest report had been prepared by an A.S.I. Should the trial court rely on the F.I.R.? Give
reasons in support of your answer.
303.Six persons (A, B, C, D, E and F) are alleged to have committed dacoity. The F.I.R. is
lodged in this „regard within half an hour. The informant specifically mentions the name of
properties taken away by the alleged dacoits with weight and value in F.I.R itself. The list of
properties taken away by A, B, C, D, E and F were very long.
The trial court convicts the accused persons holding that F.I.R. was promptly lodged within
half an hour of occurrence and the prosecution case was also supported by witnesses. Do
you think that conviction of accused persons by trial court is valid? Give reasons in support
of your answer and refer to case law, if any, on the point.
304.A judicial Magistrate orders release of property seized in a case under the Essential
Commodities Act? Can the order passed by Magistrate be justified? Give reasons.
305.Every offence shall ordinarily be inquired into and tried by a court within whose local
jurisdiction it was committed. Discuss. Are there any exceptions to this rule? If so, what?
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306.A commits the murder of B at Bangalore. B is a resident of Chennai. A is arrested at
Madurai. At what place or places the trial may take place? Can the offender A be tried at
Chennai, of which the B was a resident, or at Madurai, where A was arrested?
307.A, the District Judge of Pune is alleged to have committed the offence of causing hurt to B
at Pune. B, the complainant apprehends that a fair trial cannot be held at Pune by the
Magistrate of Pune, as the accused A is District Judge of the same place? Can B have any
option regarding the change of venue of trial or the trial of A can be held only in Pune in
view of the provision made in Section 177?
308.A, a resident of Lucknow stabs B at Jaipur B is taken to Delhi for better treatment. B died in
Delhi during treatment. At what place or places, the trial of A may take place. Can A be
tried at Lucknow also?
309.A, an accused stabs B at Jaipur with intention to murder him. B is seriously injured and
brought to AIIMS (All India Institute of Medical Sciences), Delhi for further treatment,
where he dies. Subsequently, A is found at Hyderabad and arrested there. Can A be tried for
the murder of B at Jaipur or Delhi or Hyderabad (where he is found)? Give reasons for your
answer.
310.At what place the offence of an accused would be tried, who after committing dacoity with
murder at Calcutta absconds, and a few days later is arrested at Krishna Nagar within the
district of Nadia?
311.A minor girl was kidnapped from Dhaulpur, concealed at Bharatpur, and detained at Jaipur.
Whether the offence of kidnapping may be tried at Bharatpur or Jaipur?
312.A was traveling from Varanasi to Delhi by train. In the course of his journey, he committed
theft between Varanasi and Kanpur. At Kanpur A suddenly changed his mind, broke his
journey, and stayed at Kanpur. Can A be tried at Delhi? Can he be tried at Varanasi or at
Kanpur or at any intermediary station?
313.A and B were performing a journey from Mumbai to Kolkata. Somewhere between Mumbai
and Allahabad, an altercation took place between A and B regarding reservation of berth
and A caused grievous hurt to B. Both A and B broke their journey at Allahabad and
reached Kolkata by different trains. Can Kolkata court try the offence of causing grievous
hurt by A to B? Give reasons in support of your answer.
314.A is on a train journey from Delhi to Chennai. During journey A‟s luggage, having some
valuable ornaments was stolen by a hawker, namely B, who was not performing journey. It
is not certain in which place the offence was committed. A lodge an F.I.R. at Chennai,
where he came to know about such theft. B was prosecuted in Chennai‟s Court. B
challenges the jurisdiction of Chennai‟s Court on the ground that as he was not a passenger
in that train in which the theft was committed, he is not liable to be prosecuted in the court
at Chennai. Is the plea of B sustainable at law? Give reasons in support of your answer.
315.How is a case committed to the Court of Session when offence is triable exclusively by
Court of Session?
316. A, an Inspector General of Police is alleged to have committed the murder of C. (father of
B), who is an informant in this case, gives an application to the Chief Judicial Magistrate,
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expressing his doubt that the police will not make a proper investigation as the I.G. of
Police is accused in this case. On the application of C, the Chief Judicial Magistrate
authorizes the first class Magistrate to conduct the investigation. Is his order valid in the
eyes of law? Give reasons in support of your answer
317.A company lodged first information report for offences under Sections 408/420 I.P.C.
against „X‟ its former Divisional Manager. After completing the investigation, report under
Section 173, Cr. P.C. was sent to the Magistrate stating that the case was of civil nature.
The Company lodged a protest petition with the Magistrate and sought permission to prove
the commission of offences by `X‟. The Magistrate, after perusing the investigation records,
came to the conclusion that a prima facie case under Section 408/420 I.P.C. was made out
against „X‟ and consequently issued process against him under Section 204 of the Code of
Criminal Procedure.
Then this order is challenged by „X‟ on the ground that the Magistrate had no power to issue
process against him without first complying with the provisions of Sections 200 and 202 of
the Criminal Procedure Code. Decide the Objection.
318.State the procedure to be adopted by a Magistrate who is not so competent but who is of
opinion that the case he is hearing ought to be committed.
319.Describe the procedure to be adopted by a Magistrate when after the commencement of
inquiry or trial he finds that the case should be committed.
320.State the procedure when a Magistrate cannot pass a sentence sufficiently severe.
321.Can a Magistrate stop investigation? If so, in what cases and under which provision of the
Code of Criminal Procedure?
322.How are the proceedings for trial of a case commenced? Can an accused be dispensed with
his personal attendance in Court?
323.Discuss the procedure adopted by the Magistrate during the trial of summons cases.
324.In a trial of summons-case, the accused A pleads guilty to the Magistrate trying the case.
However, the Magistrate does not believe the plea of guilt as true and does not convict the
accused on the basis of such pleading and proceeds with the trial. Can the Magistrate do so?
Give reasons and also refer to the case law, if any, on this point.
325.In a „summons‟ trial, an accused pleads guilt under Section 252 of Cr. P.C. After such
pleading of guilt, the Magistrate convicts the accused and does not follow the procedure
under Section 281 (record of the examination of accused) of Cr. P.C. Is the conviction
illegal? Give reasons and refer to the case law, if any, on this point.
326.In a trial of summons-case, the accused A pleads guilty to the Magistrate trying the case.
The Magistrate records the plea of guilt but he records the same in his own words and not in
the words of the accused and convicts the accused A on the basis of such pleading. Is the
conviction valid? Give reasons and also refer to the case law, if any, on the point.
327.In a trial of summons-case, the accused A pleads guilty to the magistrate. The Magistrate
records the plea of guilt but does not record it immediately, but later on the basis of his
memory. After recording `plea of guilt‟, the Magistrate convicts A. Is the conviction of A
valid? Give reasons and also refer to the case law on the point.
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328.What is the effect of Non-appearance or death of complainant in a trial of summon cases by
Magistrate?
329.Who can withdraw the complaint and what is its effect?
330.A, a complainant seeks permission for withdrawal of the complaint from the Magistrate
under Section 257, Cr. P.C. in a summons-case. Is the Magistrate bound to give permission
for such withdrawal? Give reasons and also refer to case law, if any, on the point.
331.In a summons-case, triable by a magistrate, there are four accused persons. The complainant
wants to withdraw the case in respect of only one accused. Can the Magistrate allow him to
do so? Give reasons and also refer to the case law, if any, on the point.
332.In a summons-case, triable by a magistrate, there are four accused persons namely A, B, C,
and D. The complainant wants to withdraw the case against all the four accused persons.
Can he (complainant) do so with the permission of court? Give reasons.
333.In a complaint case, the complainant on a date fixed is absent. Counsel for the accused
urged that the complaint be dismissed and the accused acquitted. Counsel for the
complainant contends, however, that there was nothing to be done as summons for the
doctor, for whose evidence, the date was fixed had not been issued by the office of the court
despite deposit of process fee by the complainant and therefore the case be adjourned to
some other date. Decide.
334.In a summons-case, triable by the magistrate, the complainant A seeks permission from the
court to withdraw the case filed against B. The Magistrate trying the case is satisfied that
there are reasonable grounds for giving permission for withdrawal. As such he gives his
permission but does not record the „reasons‟ for giving such permission. Is it necessary for a
Magistrate to record the reasons while granting such permission for withdrawal of
complaint? Refer to case law, if any, on the point.
335.A, a complainant wants to withdraw a complaint, filed against the accused B in case of a
„warrant‟ trial. Can A do so? Give reasons and also refer to the case law/ laws on the point,
if any.
336.Distinguish between withdrawal and composition.
337.What are the objects of the Summary trial? What offences may be summarily tried and by
whom? Give a brief account of general provisions of summary trial as constrained in the
criminal procedure.
338.In a case tried summarily by a Metropolitan Magistrate, a sentence for six months
imprisonment of the accused is passed by him. Is the sentence of imprisonment legal?
339.What are the exceptions to the general rule of law that any citizen can set the machinery of
criminal law in motion? Illustrate your answer .
340.Discuss the prosecution process of offences against marriage as provided under Cr.P.C,
1973.
341.What do you mean by a complaint? Explain its essentials. State the procedure that a
Magistrate shall follow when a complaint is made to him?
342.What are the two courses open to an aggrieved person under criminal law?
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343.A commits an offence under Section 403, Indian Penal Code (dishonest misappropriation of
property) in respect of the property of B. What course or courses is/are open to aggrieved
party B for initiating the prosecution against A. Can B initiate the prosecution by lodging
First Information Report? Give reasons.
344.A Magistrate, after considering reports of two enquiries under Section 190 Cr. P.C., orders
another inquiry under Section 202. After considering all those reports, he takes cognizance
of offence. Examine the legality of the Magistrate‟s action, referring to case law.
345.On a complaint made by C, a Court of Session takes cognizance of the offence under sub-
Section (2) of 199 of the Cr. P.C. and tries the accused. The Court finds that there was no
reasonable cause for making the accusation and hence orders C to pay Rs. 2,500 to the
accused by way of compensation. C challenges the said order. Decide.
346.A is accused of six offences of the same kind committed within space of twelve months
from the first to last of such offences in respect of the same person. Can he be tried at one
trial for all those offences?
347.A is alleged to have „attempted.‟ to commit the murder of B and also alleged to have
committed the murder of B, one month after alleged attempt to murder. Can A be tried for
an attempt to commit murder (under Section 307 I.P.C.) and for murder (under Section 302
I.P.C.) at one trial? Give reasons and also refer to the judicial decision, if any, on the point.
348.Whether trial of more than three offences at one trial committed within a year is „irregular‟
or „illegal‟? Give reasons and refer to the case law in support of your reason.
349.Distinguish between the dismissal of a complaint discharge and acquittal what are the
remedies available in each of these cases?
350.Explain in brief the procedure for trial adopted in warrant cases instituted on Police Report.
351.Explain in brief, the procedure for trial adopted in warrant cases instituted otherwise than on
Police Report.
352.Briefly describe the procedure prescribed for trial before the Court of Session.
353.Offence under Section 302 of I.P.C. is proved against A, beyond all shadows of reasonable
doubt. The Sessions Judge proceeds to convict the accused and sentenced him to
imprisonment for life without hearing him on the question of sentence. Can such judgement
stand on appeal?
354.A Sessions Judge convict an accused X without hearing him on „question of sentence‟,
while the case has been proved beyond all reasonable doubts. On appeal in the High Court,
the argument advanced by X is that conviction is liable to be set aside as he was not heard
by the Sessions Judge on „question of sentence‟ which is a mandatory provision under
Section 235(2). Is the conviction of X is liable to be quashed on the aforesaid ground? Give
reasons for your answer.
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355.A, a Sessions Judge confers power upon B, a 1st class Magistrate to conduct a case
summarily. Is the order of the Sessions Judge conferring power upon the 1st Class Judicial
Magistrate valid?
PLEA BARGAINING
356.What is plea bargaining? Briefly described its procedure whether these provisions apply in
respects all types of offences and all types of victims?
357.Discuss the provisions in Cr.P.C. regarding the attendance in the Court of persons confined
or detained in prisons.
358.A is detained in prison under the National Security Act. Can A be ordered to be produced
before Court for recording his evidence where the Court is located 80 km or more from the
prison? If yes state under what circumstances can the officer in charge of the prison abstain
from carrying out the Court‟s order? If yes, when?
363.What do you understand by the rule of “Autrefois Acquit” and “Autrefois Convict” in
Cr.P.0 and what are the essentials for such defence
364.N lodged a report with the police against H, father of P, a minor girl of 17 years, alleging
that the house of H was visited by persons of bad repute and that P had immoral relations
with them. H filed a complaint about defamation against N, but it was compounded on the
accused tendering apology. Subsequently, P filed a complaint about defamation in respect
of the same matter against N. It was contended on behalf of N that the previous acquittal
was a bar. Decide.
365.Can a police officer who has taken part in the investigation be permitted to conduct the
prosecution?
366.State the provision of the right of accused for a pleader of his choice and for providing him
legal aid by State Government. Whether a poor accused be granted legal aid at State
expense? If so, when?
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367.When can the court grant pardon to a co-accused? Can it subsequently be withdrawn?
368.State the powers of a criminal Court to make a local inspection in any inquiry, trial, or other
proceedings.
369.What are the objects of recalling a witness under Section 311 of the Code of Criminal
Procedure and when Courts should not exercise the power of recalling a witness for cross-
examination?
370.Explain the power of Magistrate to order any person to give a specimen signature or
handwriting.
371.Discuss the ingredients for the recall of a witness under Section 311 of Cr.P.C. with relevant
case laws on the subject.
372.After the prosecution evidence was over, the court said to the accused, “Having heard the
evidence against you what have you to say about?” The accused replied, “I am innocent. I
was at Nagpur at the crucial time when the occurrence in question took place at Agra. The
prosecution story is false. I shall produce evidence”. And he did. His conviction is being
assailed on the ground that he had not been properly questioned after the prosecution‟s
evidence. How would you decide?
373.Can an accused be considered a competent witness?
374.At what stage the power under Section 319 of the Code of Criminal Procedure is to be
exercised by the Court? What is the difference between the powers of the Court under
Section 311 Cr.P.C. and Section 319 Cr.P.C?
375.A and B are being tried for the murder of C. During the trial, it appears to the court from the
evidence adduced that D was also in the conspiracy with A and B for the murder of C. Can
D be made accused by the trial court?
376. „X‟ on hearing that his brother Y was being beaten up by an iron rod by Z reached the spot.
He found the accused abusing and saying to the victim that he would not let him remain
alive. On seeing „X‟ and other coming he ran away. „X‟ removed his injured brother to the
hospital where Y died. „X‟ reported the matter to the police naming Z as the sole accused of
the crime.
During interrogation, two witnesses claimed to have seen and heard beforehand A, brother
of Z, to have exhorted the accused to kill the deceased where after the actual assailant is
said to have assaulted the deceased. Police filed challan against Z on the basis that A was
not involved in the crime. X moved an application before the Magistrate to summon A also
so as to send him to stand for trial alongside Z before the Court of Sessions. Decide X‟s
application.
377.Discuss the grounds on which an application under Section 319 Cr.P.C. for the summoning
of a person as an accused can be filed and at what stage of the proceedings can. The court
does so with reference to the latest case law of the Supreme Court in the case of Hardeep
Singh v. State of Punjab (2014) 3 SCC 92.
378.A marriage again during the lifetime of his wife. A is prosecuted. Can the offence be
compounded? Whose permission is necessary?
379.A voluntarily causes hurt to B, a male child of 17 years. Can it be compounded? If so, by
whom?
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380.A commits an offence of publishing defamatory matter against B and is tried under Section
501 of I.P.C., 1860. B dies during the trial. A wants to compound the offence. Advice.
381.A, an accused is being tried under Section 325 (voluntarily causing grievous hurt) and under
Section 452 (house-trespass after preparation of hurt) of I.P.C. He gives an application to
the trial court seeking permission to compound the offences under the aforesaid Sections.
The court rejects the application on the ground that as Section 452 is non-compoundable,
permission cannot be granted even though Section 325 is compoundable. Is the order of the
trial court valid? Give reasons and also refer to the case law.
382.Six persons are charged under Sections 395/397 of I.P.C. A petition is filed by the de facto
complainant for withdrawal of the case on the ground of the same having been compounded
out of court. Can the Sessions Judge allow the prayer?
383.Is an offence created by a special law compoundable?
384.What is the law relating to the withdrawal of persons from prosecution?
385.A is tried for an offence. During the trial the Public Prosecutor wants to withdraw from
prosecution against A even as some of the prosecution witnesses have already been
examined. Can the Public Prosecutor withdraw from prosecution? Give reasons in support
of your answer and also refer to the statutory provision in this regard, if any.
386.A is tried for a certain offence. During the trial, the Public Prosecutor wants to withdraw
from the prosecution of A. Can he withdraw from the prosecution of A without the consent
of the court? Give reasons in support of your answer and also refer to the relevant provision.
387.A is alleged to have committed the murder of B. The cognizance against A is taken by the
Chief Judicial Magistrate and the case is transferred to a Magistrate of 1st class. The Public
Prosecutor files an application before the concerned Magistrate of 1st class who is a
committing Magistrate also, for withdrawal from prosecution.
The committing Magistrate gives consent for such withdrawal. Is the consent given by the
Magistrate valid in the case of an offence (murder) which is exclusively triable by a
Sessions Judge? Give reasons in support of your answer and also refer to the case law, if
any, on this point.
388.A is prosecuted for the offence of murder. Before the pronouncement of judgment, the
Public Prosecutor seeks permission from the Sessions Judge for withdrawal from
prosecution. Is the Sessions Judge bound to give consent to the Public Prosecutor for
withdrawal from prosecution under Section 321? Give reasons for your answer and also
refer to case laws, if any, on this point.
389.A files a complaint petition before the Chief Judicial Magistrate against B. The C.J.M. takes
cognizance against B. During the trial (before pronouncement of judgment) A wants to
withdraw from prosecution against B by invoking the provision made in Section 321,
Cr.P.C. Can he do so? Give reasons for your answer.
390.A prosecutes B as a private party for voluntarily causing hurt to him. In this regard A files a
complaint petition before the Chief Judicial Magistrate. The C.J.M. takes cognizance.
During the trial, the Public Prosecutor wants to withdraw from prosecution under Section
321. Can he do so? Give reasons and refer to the case law.
391.What is meant by Open Court?
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PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
392.Discuss in detail the procedure in case of a person of unsound mind tried before Court.
393.State the procedure to be adopted when the accused is a lunatic (of unsound mind).
394.Can a person of unsound mind, in relation to whom any investigation or trial is pending, be
released?
395.What is the distinction between the provisions of Sections 340 and 344 of Cr.P.C. relating
to the offence affecting the administration of justice?
396.Discuss the provisions in the Code relating to the death sentence passed by the Court of
Sessions submitted for confirmation to the High Court.
397.What do you mean by `Reference‟? Under what circumstances and in which Court reference
can be made?
398.What do you mean by “Revision”? Explain the power of the Court for revision inter alia
stating its jurisdiction.
399.What is the difference between Appeal and Revision? Discuss? Does appeal lie in every
case?
400.Distinguish between Reference and Revision.
401.State the powers of the courts with regard to the transfer of criminal cases and appeals.
402.A is an accused who is being tried by a Magistrate B of Udaipur for theft. A makes an
application in the Rajasthan High Court [Jodhpur] for transferring the case to any other
Magistrate of Udaipur on the ground that he apprehends that a fair and impartial trial cannot
be held in the court of Magistrate B. The Rajasthan High Court is satisfied that the
apprehension of A is reasonable. Can the Rajasthan High Court transfer the case to any
other Magistrate for trial?
403.Is there any provision in the Code of Criminal Procedure for setting off of the period of
detention as an under trial prisoner against the sentence of imprisonment imposed upon
him? If so, what?
404.Is the execution of the death-sentence postponed in case of an appeal to the Supreme Court?
405.Whether the sentence of death passed on a pregnant woman is to be postponed?
406.How is the sentence of imprisonment executed?
407.How is the sentence of fine executed?
408.State the provisions of suspension of execution of sentence of Imprisonment.
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409.State the, general provisions regarding the execution of sentence under the Code of
Criminal Procedure.
410.Is the period of detention undergone by an accused, during the investigation, inquiry, or his
trial, is liable to be set-off against the term of imprisonment imposed on him on his
conviction?
411. State the powers of the State Government to suspend, remit, and commute sentences.
DISPOSAL OF PROPERTY
412.Under what cases the Court can order for custody and disposal of property pending inquiry
or trial?
413.State the procedure for disposal of property at the conclusion of the trial.
414.What is the remedy of the innocent purchaser of the stolen property?
415.Whether orders passed under Sections 452 and 453 of the Code of Criminal Procedure
appealable? If so, to what Court does an appeal lie?
416.What is the law relating to the destruction of libelous and other matter?
417.Discuss the power of the Court to restore possession of the immovable property.
418.State the law relating to the procedure by police upon seizure of property?
419.The wife got a case registered against her husband B for an offence under Section 406,
I.P.C. on the ground that after their engagement her gold ornaments were retained and
misappropriated by B. The police arrested him. During interrogation, B disclosed that he
had handed over the ornaments of A, the wife, to one „C. In his statement, recorded under
Section 161 of the Criminal Procedure Code.
„C‟ stated that he had pledged those ornaments with a Bank. Ornaments were recovered
from the Bank. B was, however, acquitted on a finding that evidence had not established his
guilt. In proceedings regarding disposal of property after conclusion of the trial, each of A,
B and C lays claim to the ornaments. Write an order disposing of the respective claims.
IRREGULAR OF PROCEEDINGS
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