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Criminal Procedure Test - IV

Description: Criminal Law - I
Number of Questions: 15
Created by:
Tags: Criminal Law - I Criminal Law
Attempted 0/15 Correct 0 Score 0

Which one of the following statements is correct?

  1. Every culpable homicide is murder.

  2. Death caused by negligent act is murder.

  3. Every murder is culpable homicide.

  4. Death caused in course of quarrel is murder.


Correct Option: C
Explanation:

Culpable homicide is when a person unexpectedly killed by another person who is protecting himself/herself. Every murder includes culpable homicide. Every culpable homicide is not murder. 

An Executive Magistrate may act even ex-parte under Section 144, code of criminal procedure 1973 if immediate prevention or speedy remedy is desirable

  1. to prevent obstruction, annoyance or injury to any lawfully employed person

  2. to avoid danger to human life, health or safety

  3. to avoid disturbance to public peace and tranquility, riot or affray

  4. on any one or all of the above grounds


Correct Option: D
Explanation:

 All of these

Which of the following statements is incorrect?

  1. High courts should not pass interim orders which are likely to hamper investigator.

  2. A Magistrate can under Section 156 (3), code of criminal procedure, 1973 send a complaint of non-cognizable offence to the police.

  3. The power if the Magistrate of the first class to take cognizance of cognizable offence may be impaired by territorial restrictions.

  4. During the course of investigation by the police, the question of cross examination does not arise.


Correct Option: B
Explanation:

Statement 2 is incorrect. A magistrate under sec 156(3) of Code of Criminal Procedure,1973, may order further investigation in a cognizable offence to the police. 

While exercising its inherent powers under Section 482, Code of Criminal Procedure, 1973 even the High Court cannot

  1. review its own judgement

  2. convert itself court of appeal when the legislature has not conferred a right to appeal to it

  3. grant police custody from judicial custody

  4. do all the mentioned things


Correct Option: D
Explanation:

The inherent powers under Sec 482 of Code of Criminal Procedure, 1973 can be exercised either to pevent abuse of the process of any court or otherwise or to secure the ends of justice but donot beyond these.

An accused can take an application for plea bargaining if and when he is alleged to have committed the offence

  1. of murder

  2. affecting socio-economic condition of the country

  3. theft

  4. affecting women or children below the age of 14 years


Correct Option: C
Explanation:

Chapter of  Plea Bargaining is not applicable to the offence of murder, socio-economic offences, women and children below 14 years.

In a criminal case, documents are exhibited as which one of the following?

  1. Ex - 1 by one party and Ex - A - 1 by the other

  2. Ex - P - 1 by one party and Ex - D - 1 by the other

  3. Ex - X - 1 by one party and Ex - Y - 1 by the other

  4. Ex - M - 1 by one party and Ex - N - 1 by the other


Correct Option: B
Explanation:

Option 2 is correct. P means Prosection. D means Defendant.

A knows that B is suffering from a heart disease and also that if a blow is given to B on his chest, it is likely to cause his death. Knowing this, A gives blow on B s chest causing B s death. A is guilty of

  1. murder

  2. culpable homicide not amounting to murder

  3. grievous hurt

  4. causing death by rash of negligent act


Correct Option: A
Explanation:

Under sec 300 of Indian penal Code, If an act is done with the intention of causing such bodily injury which results into the death of the person to whom injury is caused is a murder.

A intentionally causes Z s death partly by illegally omitting to give Z food and partly by beating Z. A is liable for murder by virtue of which one of the following sections of the Indian Penal Code?

  1. Section 36

  2. Section 37

  3. Section 34

  4. Section 35


Correct Option: A
Explanation:

A is liable for murder under Section 36 of IPC.

An application for residential order shall be made by a victim of domestic violence before a

  1. Civil Judge (Senior Division)

  2. Magistrate of the First Class

  3. Family Court

  4. Mediation Centre established by the High Court


Correct Option: B
Explanation:

An application for residential order shall be made by victim of domestic voilence before a Magistrate of the First Class as provided under the schedule of Indian penal Code.

As a result of a collision between two buses, a passenger in one of the buses died. The accident occurred due to negligence of the drivers of both the buses. In a suit by the legal representative of the deceased against owners of both the buses, which one of the following statements is legally sustainable?

  1. Each owner of the buses is liable for the whole damage.

  2. The owners of the buses are not joint tort-feasors.

  3. Neither of the owners of the buses is liable as the defence of act of God applies.

  4. Each owner of the buses was liable for one-half of the damage.


Correct Option: A
Explanation:

Each owner of the bus is liable for causing death by negligence under section 304A of Indian Penal Code.

Importation of a girl from foreign country into India to force her for sexual intercourse with any other man is a punishable offence under section 366B of IPC provided the age of girl is

  1. below 14 years

  2. below 16 years

  3. below 18 years

  4. below 21 years


Correct Option: D
Explanation:

Importation of a girl from foreign country into India to force her for sexual intercourse with any other man is a punishable offence under section 366B IPC provided the age of girl is below 21 years. 

A intending to murder B by poison, purchases poison and mixes the same in a glass of water. He gives it to the bearer to serve it to ‘B’. The bearer while approaching B loses the balance and glass drops out of his plate. What offence has A committed?

  1. A has committed no offence.

  2. A has committed the offence of attempt to commit murder.

  3. A has committed the offence of Abetment.

  4. A has committed the offence of attempt to commit homicide.


Correct Option: A
Explanation:
  1. (Correct Answer): As death has not occurred and mere preparation of an offence is not punishable.
    1. (Incorrect Answer): If B would have been taken a glass of water and he would be saved by taking to hospital then 'A' would be liable for Attempt to Murder.

No police officer can investigate a non-cognizable case without the order of

  1. Superintendent of police concerned

  2. Magistrate having the power to try such case or commit the case for trial

  3. Chief Judicial Magistrate

  4. Sessions Court


Correct Option: B
Explanation:

Non-cognizable offences are serious in nature so no police officer can investigate a non-cognizable case without the order of Magistrate having the power to try such case or commit the case for trial as provided under section 155(2) of Code of criminal procedure,1973.

Which of the following amounts to ‘Dacoity’? (1) Five or more persons attempting to commit decoity. (2) Five or more persons actually committing dacoity. (3) One attempting robbery and four others are there to aid. (4) One attempting robbery and four others aiding the commission of robbery.

  1. (1), (2) and (3)

  2. (2), (3) and (4)

  3. (1), (2), (3) and (4)

  4. (3) and (4)


Correct Option: B
Explanation:

When five or more persons jointly commit or attempt to commit robbery and persons present or aiding such commission or attempt, every person so committing, attempting or aiding is said to commit "dacoity".

‘X’ told his friend ‘Y’ that he was going to shoot down ‘Z’ in the evening. In the evening, ‘X’ with a loaded pistol, entered in the street in which ‘Z’ was living shouting “come out and he killed.” ‘Z’ did not come out and ‘X’ went away. Which of the following statements is correct?

  1. ‘X’ is liable for an attempt to murder because he carried a loaded gun.

  2. ‘X’ is liable for an attempt to murder because his intention to kill ‘Z’ was clear from his shouting.

  3. ‘X’ is not liable for an attempt to murder because he had not committed the penultimate act.

  4. ‘X’ is liable for an attempt to murder because he has clearly told ‘Y’ that he was going to shoot down ‘Z’.


Correct Option: D
Explanation:

‘X’ is liable for an attempt to murder because he has clearly told ‘Y’ that he was going to shoot down ‘Z’.

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