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Criminal Procedure Test - I

Description: Criminal Law Test-3
Number of Questions: 20
Created by:
Tags: Criminal Law Test-3 Criminal Law Code of Criminal Procedure
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Which of the following sections of the Code of Criminal Procedure, 1973 deals with the High Court's power of revision?

  1. Section 395

  2. Section 401

  3. Section 399

  4. Section 396


Correct Option: B
Explanation:

Option (1) is incorrect: Section 395 of the CrPC provides reference to the High Court. Option (2) is correct: Section 401 of the CrPC provides the High Court's powers of revision. Option (3) is incorrect: Section 399 of the CrPC deals with Sessions Judge's powers of revision. Option (3) is incorrect: Section 396 of the CrPC states disposal of a case according to the decision of the High Court.

Under which of the following sections of the Code of Criminal Procedure, 1973 has the term 'offence' been defined?

  1. Section 40

  2. Section 2(n)

  3. Section 2(w)

  4. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: Section 40 of the CrPC deals with duty of officers employed in connection with the affairs of a village to make certain report. Option (2) is correct: Section 2(n) of the CrPC defines the term 'offence'. Option (3) is incorrect: Section 2(w) of the CrPC defines 'summons case'.

Compounding of offence under the provisions of the Code of Criminal Procedure results in the

  1. acquittal of the accused

  2. discharge of the accused

  3. acquittal of the accused only if the charges have been framed

  4. discharge of the accused only if the charges have been framed

  5. acquittal or discharge of the accused


Correct Option: A
Explanation:

Option (1) is correct: Under Section 320(8) of the Code of Criminal Procedure, the composition of an offence shall have the effect of an acquittal of the accused with whom the offence has been compounded.

Option (2) is incorrect: Discharge cannot be made under Section 320 because compounding is always after framing of charges.

Option (3) is incorrect: Acquittal is always after framing of charges and taking in consideration the evidences. Option (4) is incorrect: Discharge is always after framing of charges.

Section 164 of the Code of Criminal Procedure provides a special procedure for recording of

  1. confessions

  2. statements made during the course of investigation

  3. confessions as well as statements made during the course of investigation

  4. examination of witnesses by police


Correct Option: C
Explanation:

Option (1) is incorrect: Section 164 of the Code of Criminal Procedure deals with both confessions and statements made during the course of investigation. Option (2) is incorrect: Section 164 of the Code of Criminal Procedure deals with both confessions and statements made during the course of investigation. Option (3) is correct: Section 164 of the Code of Criminal Procedure deals with both confessions and statements made during the course of investigation. Option (4) is incorrect: Section 164 of the Code of Criminal Procedure deals with both confessions and statements made during the course of investigation. 

Before being summoned, an accused has

  1. a right to participate in the proceeding

  2. no right to participate in the proceeding

  3. no rights at all

  4. a right to watch the proceedings, but cannot participate

  5. a right to have the documents, but cannot particpate


Correct Option: A
Explanation:

Before being summoned, the accused has got a right to participate in the proceeding.

Offences against other laws (except IPC), if punishable with imprisonment for 3 years or more, but not more than 7 years, are

  1. cognizable and non-bailable

  2. non-cognizable and bailable

  3. cognizable and bailable

  4. non-cognizable and non-bailable


Correct Option: A
Explanation:

Option (1) is correct: Offences against other laws (except IPC), if punishable with imprisonment for 3 years or more, but not more than 7 years, are deemed as cognizable and non-bailable.

Option (2) is incorrect: No such provision.

Option (3) is incorrect: No such provision. Option (4) is incorrect: No such provision.

Warrant case means a case

  1. in which a police officer cannot arrest without warrant

  2. in which the court in first instance shall issue a warrant of arrest against the accused

  3. relating to an offence punishable with imprisonment for a term not exceeding 2 years

  4. relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding 2 years

  5. in which a police officer can arrest without warrant


Correct Option: D
Explanation:

Option (1) is incorrect: No such provision Option (2) is incorrect: No such provision

Option (3) is incorrect: It is a case of summons case. Option (4) is correct: Under Section 2(x) of the Code of Criminal Procedure, a warrant case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.

Who can make rules or give special orders from time to time, consistent with the CrPC, as to the distribution of business among the Subordinate Judicial Magistrate?

  1. Executive Magistrate

  2. District Magistrate

  3. Additional District and Sessions Judge

  4. Chief Judicial Magistrate


Correct Option: D
Explanation:

Option (1) is incorrect: Executive Magistrate cannot give distribute business among the Subordinate Judicial Magistrates.

Option (2) is incorrect: District Magistrate cannot give distribute business among the Subordinate Judicial Magistrates.

Option (3) is incorrect: Additional District and Sessions Judge give cannot distribute business among the Subordinate Judicial Magistrates. Option (4) is correct: Under Section 15(2) of the CrPC, the Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate to him.

Who may claim for maintenance under Section 125 of the CrPC?

  1. Wife who has her own source of income

  2. Illegitimate minor child

  3. Stepson or daughter

  4. Brother and sister


Correct Option: B
Explanation:

Option (1) is incorrect: Wife who has her own source of income cannot claim maintenance under Section 125 of the CrPC. Option (2) is correct: Under Section 125(1)(b), a legitimate or illegitimate minor child, whether married or not, and unable to maintain himself/herself, can claim maintenance. Option (3) is incorrect: Stepson or daughter cannot claim maintenance under Section 125 of the CrPC. Option (4) is incorrect: Brother and sister cannot claim maintenance under Section 125 of the CrPC.

The maximum term of imprisonment awardable in a summary trial is

  1. three months

  2. six months

  3. one year

  4. two years


Correct Option: A
Explanation:

Option (1) is correct: Under Section 262 of the CrPC, no sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under summary trial. Option (2) is incorrect: No such provision. Option (3) is incorrect: No such provision. Option (4) is incorrect: No such provision.

Power to recall any witness(es) under Section 311 of the CrPC can be exercised

  1. even after the evidence of both the sides is closed

  2. after the evidence of prosecution is closed, but before the evidence of defense is closed

  3. before the evidence of prosecution is closed, if the witness is to be called on the motion of the prosecution

  4. after the evidence of prosecution is closed, if the witness is called on the motion of the defense


Correct Option: A
Explanation:

Option (1) is correct: Power to recall any witness(es) under Section 311 of the CrPC can be exercised at any stage of any inquiry, trial or other proceedings under this code. Option (2) is incorrect: No such provision Option (3) is incorrect: No such provision Option (4) is incorrect: No such provision

A complaint may relate to

  1. a cognizable offence

  2. a non-cognizable offence

  3. Both (1) and (2)

  4. a non-cognizable offence only as the police has no power to investigate such an offence

  5. a bailable as well as non-bailable offence


Correct Option: C
Explanation:

Option (1) is incorrect: A complaint may relate to both cognizable and non-cognizable offences. Option (2) is incorrect: A complaint may relate to both cognizable and non-cognizable offences. Option (3) is correct: A complaint may relate to both cognizable and non-cognizable offences. Option (4) is incorrect: No such provision

Under Section 315 of the CrPC, an accused

  1. cannot be a witness

  2. can be compelled to give his own evidence generally

  3. can be called as a witness only on his own request in writing

  4. Either (1) or (2)


Correct Option: C
Explanation:

Option (1) is incorrect: An accused can be a witness. Option (2) is incorrect: An accused can be compelled to give his own evidence generally. Option (3) is correct: Under the provision of Section 315, an accused shall not be called as a witness, except on his own request in writing. Option (4) is incorrect: Neither (1) nor (2)

The appeal against an order of acquittal passed by the court of Judicial Magistrate of First Class shall lie to the

  1. Court of Chief Judicial Magistrate

  2. Court of Session

  3. High Court

  4. Supreme Court


Correct Option: B
Explanation:

Option (1) is incorrect: No such provision Option (2) is correct: The appeal against an order of acquittal passed by the Court of Judicial Magistrate of First Class shall always lie to the Court of Session. Option (3) is incorrect: No such provision Option (4) is incorrect: No such provision

What is the effect of trial conducted in a wrong place?

  1. Vitiated itself

  2. Vitiated if caused failure of justice

  3. Seriousness has to be seen

  4. Refer to the High Court


Correct Option: B
Explanation:

Option (1) is incorrect: Trial in wrong place doesn’t vitiate itself till it causes failure of justice.

Option (2) is correct: If trial causes failure of justice, then trial vitiates itself.

Option (3) is incorrect: Failure of justice has to be seen. Option (4) is incorrect: No reference to the High Court.

Under the provisions of Section 125(4) of the Code of Criminal Procedure, which of the following cannot claim maintenance from their husband?

  1. Wife herself earning money

  2. Wife living separately by mutual consent

  3. Woman who has been divorced by her husband and has not remarried

  4. Woman who has obtained divorce from her husband and has not remarried


Correct Option: B
Explanation:

Option (1) is incorrect: Wife earning herself cannot claim maintenance from her husband under Section 125 of the CrPC. Option (2) is correct: Under Section 125(4) of the Code of Criminal Procedure, if a wife is living separately by mutual consent, she cannot claim maintenance from her husband. Option (3) is incorrect: Wife, under Section 125, defined as woman, who has been divorced by her husband or has obtained divorce and has not remarried. Option (4) is incorrect: Wife, under Section 125, defined as woman, who has been divorced by her husband or has obtained divorce and has not remarried.

Under Section 216 of CrPC, the Court has the power to

  1. add to the charge(s) already framed

  2. alter the charge(s) already framed

  3. neither alter nor add to the charge(s) already framed

  4. both add to and alter the charge(s) already framed


Correct Option: D
Explanation:

Option (1) is incorrect: Not only to add but also to alter the charge. Option (2) is incorrect: Not only to alter but also to add the charge. Option (3) is incorrect: To alter or add to any charge at any time before judgement is pronounced. Option (4) is correct: To alter or add to any charge at any time before judgement is pronounced.

Any court may alter or add to any charge at any time before the

  1. closing of arguments

  2. judgement is written

  3. judgement is pronounced

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: No such provision Option (2) is incorrect: No such provision Option (3) is correct: The court may alter or add to any charge any time before the judgement is pronounced.

The Court of Magistrate of Second Class may pass a sentence of fine not exceeding

  1. one thousand rupees

  2. three thousand rupees

  3. five thousand rupees

  4. ten thousand rupees

  5. None of these


Correct Option: A
Explanation:

Option (1) is correct: Section 29(3) of the Code of Criminal Procedure states that the Court of a Magistrate of Second Class may pass a sentence of imprisonment for a term not exceeding one year or of fine not exceeding one thousand rupees or of both. Option (2) is incorrect: The Court of a Magistrate of Second Class cannot impose a fine exceeding one thousand rupees.   Option (3) is incorrect: The Court of a Magistrate of Second Class cannot impose a fine exceeding one thousand rupees.   Option (4) is incorrect: The Court of a Magistrate of Second Class cannot impose a fine exceeding one thousand rupees. 

When a person who would otherwise be competent to compound an offence under Section 320 of the Code of Criminal Procedure is dead, then

  1. an offence cannot be compounded

  2. an offence can be compounded by any of the eyewitnesses

  3. the legal representative of such person can compound the offence without the consent of the court

  4. the legal representative of such person can compound the offence with the consent of the court


Correct Option: D
Explanation:

Option (1) is incorrect: Offence can be compounded. Option (2) is incorrect: Offence can always be compounded by the party to suit or their legal representatives. Option (3) is incorrect: Cannot compound without the consent of court. Option (4) is correct: Under Section 320(4)(2) of the CrPC, 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.

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