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Criminal Procedure Test - III

Description: Criminal Law Test-2
Number of Questions: 20
Created by:
Tags: Criminal Law Test-2 Criminal Law
Attempted 0/20 Correct 0 Score 0

Non-cognisable offence means that

  1. a police officer has the authority to arrest without a warrant

  2. a police officer cannot arrest without a warrant

  3. on request of a complainant, arrests can be made

  4. Depends on the discretion of a police officer


Correct Option: B
Explanation:

Option (1) is incorrect: It is in the case of a cognisable offence. Option (2) is correct: Under Section 2(l), a non-cognisable offence means a police officer has no authority to arrest without a warrant. Option (3) is incorrect: No such provision is there in the CrPC. Option (4) is incorrect: The Indian Penal Code has prescribed a list of cognisable and non-cognisable offences. It is not the discretion of a police officer. 

A person can send the fine amount through postal department without appearing in the court in some petty offences under

  1. Section 207 of the CrPC

  2. Section 206 of the CrPC

  3. Section 210 of the CrPC

  4. Section 194 of the CrPC


Correct Option: B
Explanation:

Option (1) is incorrect: Section 207 deals with supply to the accused, a copy of police report and other documents. Option (2) is correct: Section 206 deals with special summons in cases of petty offences. Option (3) is incorrect: Section 210 deals with the procedure to be followed when there is a complaint case and police investigation in respect of the same offences.

Option (4) is incorrect: Section 194 deals with when Additional and Assistant Sessions Judges try cases made over to them.

'A magistrate may discharge the accused if complainant is absent on the date of hearing' only

  1. if the offence is compoundable

  2. if the offence is non-cognizable

  3. before a charge has been framed

  4. Provision would be applicable for complaint case and police case both


Correct Option: D
Explanation:

Option (1) is incorrect: Either compoundable or not.

Option (2) is incorrect: Either the offence is cognizable or non-cognizable.

Option (3) is incorrect: Hearing is always after charges have been framed. Option (4) is correct: 'A magistrate may discharge the accused if complainant is absent on the date of hearing' in both complaint cases and police cases.

No wife shall be entitled to receive maintenance from her husband under Section 125 of the CrPC if she

  1. has obtained a divorce from her husband and has not remarried

  2. is unable to maintain herself

  3. refused to live with her husband on the ground that he keeps a mistress

  4. is living in adultery


Correct Option: D
Explanation:

Option (1) is incorrect: Under Section 125 of the CrPC, a divorced wife and can claim maintenance. Option (2) is incorrect: If a wife is unable to maintain herself, she can claim maintenance under Section 125. Option (3) is incorrect: If a wife refused to live with her husband on the ground that he keeps a mistress, she can claim maintenance under Section 125. Option (4) is correct: Under Section 125(5) of the CrPC, no wife shall be entitled to receive an allowance for the maintenance from her husband under this Section if she is living in adultery.

In reference to information relating to the commission of a cognizable offence, which of the following statements is not correct?

  1. It may be given orally to an officer in charge of a police station.

  2. It is reduced to writing by or under the direction of an officer in charge of the police station.

  3. Information reduced to writing is to be signed by the person giving it.

  4. A copy of information cannot be given free of cost to the informant.


Correct Option: D
Explanation:

Option (1) is incorrect: Information under Section 154 of the CrPC can be given orally or in writing. Option (2) is incorrect: Under Section 154, an officer under the direction of an officer in charge of a police station reduced into writing all the information given by the informant in relation to the commission of a cognizable offence. Option (3) is incorrect: Information given by the informant shall be signed by him as provided under Section 154 of the CrPC. Option (4) is correct: A copy of information shall be given free of cost to the informant as provided under Section 154 of the Code of Criminal Procedure.

No person shall be appointed as a Public Prosecutor for a district unless his name appears in the panel of names prepared by the

  1. Sessions Judge

  2. High Court

  3. District Magistrate

  4. Superintendent of Police


Correct Option: C
Explanation:

Option (1) is incorrect: A District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons to be appointed as the Public Prosecutor for the district. Option (2) is incorrect: The High Court doesn’t prepare a panel of names of persons who are fit to be appointed as the Public Prosecutor for a district. Option (3) is correct: Under Section 24(4) of the Code of Criminal Procedure, a District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion, fit to be appointed as the Public Prosecutor for the district. Option (4) is incorrect: The Superintendent of Police has no authority to prepare a panel of names of to be appointed as the Public Prosecutor for a district.

A person arrested by a police officer may be kept in custody for

  1. 2 days

  2. 3 days

  3. 24 hours

  4. 1 week


Correct Option: C
Explanation:

Option (1) is incorrect: No police officer shall detain in custody a person arrested without warrant for a period longer than 24 hours. Option (2) is incorrect: No police officer shall detain in custody a person arrested without warrant for a period longer than 24 hours. Option (3) is correct: Under Section 57 of the Code of Criminal Procedure, no police officer shall detain in custody a person arrested without warrant for a period longer than 24 hours, exclusive of the time necessary for the journey from the place of arrest to the magistrate's court. Option (4) is incorrect: No police officer shall detain in custody a person arrested without warrant for a period longer than 24 hours.

Period of limitation to take cognizance of an offence punishable for a term more than three years imprisonment is

  1. 90 days

  2. 1 year

  3. 3 years

  4. No period of limitation is prescribed


Correct Option: D
Explanation:

Option (1) is incorrect: Minimum limitation period under the Code of Criminal Procedure is six months. Option (2) is incorrect: Under Section 468(2) of the Code of Criminal Procedure, the period of limitation for taking cognizance is one year if the offence is punishable with imprisonment for a term, not exceeding one year. Option (3) is incorrect: Under Section 468(2) of the Code of Criminal Procedure, the period of limitation for taking cognizance is three years if the offence is punishable with imprisonment for a term exceeding one year, but not exceeding three years. Option (4) is correct: The Code of Criminal Procedure doesn’t provide any provision of period of limitation to take cognizance of an offence punishable for a term more than three years.

Which of the following statements is true?

  1. Summons case means a case which is not a warrant case.

  2. Summons case means a case through which security is not required.

  3. Summons case means a case through which offence of theft is tried.

  4. Summons case means a case in which only summons can be served during trial.


Correct Option: A
Explanation:

Option (1) is correct: Under Section 2(w), summons case means a case relating to an offence, and not being a warrant case. Option (2) is incorrect: No such provision of summons case. Option (3) is incorrect: Summons cases does not only deal with theft cases. Option (4) is incorrect: No such provision in the CrPC.

If a person in lawful custody escapes, the person from whose custody he escaped may immediately pursue and arrest him

  1. within the local limits of the concerned police station

  2. within the local limits of a district

  3. within the local limits of a state

  4. in any place in India


Correct Option: D
Explanation:

Option (1) is incorrect: Arrest can be made beyond the jurisdiction of the concerned police station. Option (2) is incorrect: Arrest can be made beyond the jurisdiction of a district. Option (3) is incorrect: Arrest can be made beyond the jurisdiction of a state.

Option (4) is correct: Under Section 60(1) of the CrPC, if a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India.

A is a magistrate. In his presence, one murder took place during his morning walk. Can he arrest the culprit himself?

  1. No

  2. Yes

  3. Only police can arrest

  4. As the Magistrate has to try the case, he cannot arrest


Correct Option: B
Explanation:

Option (1) is incorrect: The Magistrate is competent to arrest the culprit himself. Option (2) is correct: Section 155(2) of the CrPC states that when any offence is committed in the presence of a magistrate, whether executive or judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender. Option (3) is incorrect: The Magistrate can arrest himself or can direct any person or police authority to arrest the culprit. Option (4) is incorrect: The Magistrat,e whether has to try that case or not, can arrest the culprit.

Jurisdiction to grant bail under Section 438 of criminal procedure code vests with only

  1. the High Court

  2. the Sessions Court

  3. the Magistrate

  4. either the High Court or the Court of Session


Correct Option: D
Explanation:

Option (1) is incorrect: Under Section 438(3) of the Code of Criminal Procedure, the jurisdiction to grant bail vests with either the High Court or the Court of Session. Option (2) is incorrect: Under Section 438(3) of the Code of Criminal Procedure, the jurisdiction to grant bail vests with either the High Court or the Court of Session.

Option (3) is incorrect: The Magistrate, whether executive or judicial, doesn’t have the jurisdiction to grant bail under Section 438. Option (4) is correct: Under Section 438(3) of the Code of Criminal Procedure, where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this Section that in the event of such arrest, he shall be released on bail.

Permission to investigate into a non-cognizable offence can be granted by a

  1. Magistrate in any part of India

  2. Magistrate in any part of the state

  3. Magistrate having jurisdiction to try the case

  4. Sessions Judge


Correct Option: C
Explanation:

Option (1) is incorrect: Only the Magistrate having jurisdiction to try the case can grant permission to investigate into a non-cognizable offence.

Option (2) is incorrect: Only the Magistrate having jurisdiction to try the case can grant permission to investigate into a non-cognizable offence.

Option (3) is correct: Under Section 155(2) of the CrPC, no police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. Option (4) is incorrect: The Sessions Judge cannot take direct cognizance, so only the concerned magistrate who is having the jurisdiction to grant permission will direct to investigate into a non-cognizable offence.

Which of the following is true about the Court of Session?

  1. It can take cognizance without commitment.

  2. It can't take cognizance without commitment.

  3. It can take cognizance on DM's recommendation.

  4. It can take cognizance if challan is put up by SP.


Correct Option: B
Explanation:

Option (1) is incorrect: The Court of Session cannot take direct cognizance without commitment. Option (2) is correct: Under Section 193 of the CrPC, except as otherwise expressly provided by this Code or by any other law for the time being in force, 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 under this Code. Option (3) is incorrect: The CrPC doesn’t provide any such provision while taking cognizance by the Court of Session. Option (4) is incorrect: The Court of Session cannot take direct cognizance even if challan put up by the SP.

Any condition imposed by a magistrate when releasing any person on bail can be set aside or modified by

  1. the High Court under Section 482 of the CrPC

  2. the High Court or the Court of Sessions under Section 439 of the CrPC

  3. the Sessions Court under Section 465 of the CrPC

  4. No court can set aside or modify such condition


Correct Option: B
Explanation:

Option (1) is incorrect: Under Section 482 of the CrPC, the High court cannot set aside or modify any condition imposed by a magistrate while releasing any person on bail. Option (2) is correct: Under Section 439 of the CrPC, the High Court and the Court of Session have special powers regarding bail. Under Section 439(1)(2) of the CrPC, the High Court and the Court of Session can set aside or modify any condition imposed on a person while releasing on bail. Option (3) is incorrect: Section 465 of the CrPC deals with finding or sentence when reversible by reason of error, omission or irregularity. Option (4) is incorrect: Under Section 439(1)(2) of the CrPC, the High court and the Court of Session can set aside or modify any condition imposed on a person while releasing on bail.

Section 311A of the Code of Criminal Procedure empowers the Magistrate of First Class to

  1. summon material witness

  2. postpone or adjourn proceedings

  3. order person to give specimen signatures

  4. visit and inspect any place in which an offence is alleged to have been committed


Correct Option: C
Explanation:

Option (1) is incorrect: Section 311A doesn’t deal with summoning material witness.

Option (2) is incorrect: Section 311A doesn’t deal with postponing or adjourning proceedings.

Option (3) is correct: If a Magistrate of the First Class is satisfied that, for the purposes of any investigation or proceeding under this Code, it is expedient to direct any person, including an accused person, to give specimen signatures or handwriting. Option (4) is incorrect: Section 311A doesn’t deal with visiting place where offence is committed.

Inherent powers under Section 482 of the CrPC can be exercised by

  1. any Criminal Court

  2. the Supreme Court only

  3. the Court of Session and the High Court

  4. the High Court only


Correct Option: D
Explanation:

Option (1) is incorrect: Every Criminal Court doesn’t have inherent powers. Option (2) is incorrect: The Supreme Court is the highest court of law. The Supreme Court has original powers that lie with it. Option (3) is incorrect: Under Section 482 of the Code of Criminal Procedure, inherent powers lie with the High Court only. Option (4) is correct: Under Section 482 of the Code of Criminal Procedure, inherent powers lie with the High Court only.

Warrant may be issued in lieu or in addition to summons 'Recording of reasons in writing' is a condition precedent

  1. Is this statement true?

  2. Is this statement not true?

  3. Depends on discretion of Court

  4. There is no such provision


Correct Option: A
Explanation:

Option (1) is correct: Under Section 87 of the CrPC, the court may issue a summons for the appearance of any person, issue, after recording its reasons in writing a warrant for his arrest.

Option (2) is incorrect: This statement is true.

Option (3) is incorrect: A specific provision has been provided in the Code of Criminal Procedure. Hence it is not the court’s discretion. Option (4) is incorrect: Under Section 87, a specific provision has been laid down.

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, the sentence of imprisonment shall not exceed three months in the case of any conviction under summary trial. Option (2) is incorrect: No such term is mentioned in the CrPC under summary trial. Option (3) is incorrect: No such term is mentioned in the CrPC under summary trial. Option (4) is incorrect: No such term is mentioned in the CrPC under summary trial.

Which of the following statements is true?

  1. If any person having sufficient means neglects or refuses to maintain his mother, she can apply under Section 125 of the CrPC.

  2. Only wife can get relief under Section 125 of the CrPC.

  3. Only the children will get order under Section 125 of the CrPC.

  4. No order of maintenance can pass under Section 125 of the CrPC.


Correct Option: A
Explanation:

Option (1) is correct: Under Section 125(1) of the CrPC, if any person having sufficient means neglects or refuses to maintain his wife, his legitimate or illegitimate minor child, his legitimate or illegitimate child (not being a married daughter) who has attained majority, his father or mother unable to maintain himself or herself can apply under Section 125 of the CrPC. Option (2) is incorrect: Not only wife, even his legitimate or illegitimate minor child, his legitimate or illegitimate child (not being a married daughter) who has attained majority, his father or mother unable to maintain himself or herself can get relief under Section 125 of the CrPC. Option (3) is incorrect: Not only wife, even his legitimate or illegitimate minor child, his legitimate or illegitimate child (not being a married daughter) who has attained majority, his father or mother unable to maintain himself or herself can get relief under Section 125 of the CrPC. Option (4) is incorrect: Section 125 of the CrPC talks about maintenance.

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