Multiple choice questions on the code of criminal procedure especially compiled for UPSC, Civil Services, IAS and Indian Judicial Examinations!
1. 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
Ans. C
2. Section 311 of the Code of Criminal Procedure, 1973-
A. Is confined to Court witnesses
B. Does not apply to defence witnesses
C. Cannot be exercised after the accused had closed his defence
D. Does not include “accused” as witness
Ans. D
3. 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
Ans. B
4. 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
Ans. D
5. _______ 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
Ans. D
6. Under section 340 of the Code of Criminal Procedure, 1973 the Court can-
I. Move suo motu
II. Not move suo motu
III.Move on the application made by a stranger
IV. 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
Ans. D
7. 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
Ans. C
8. 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
Ans. A
9. 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
Ans. D
10. 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
Ans. C
11 .______________ 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
Ans. C
12. 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
Ans. D
13. 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
Ans. C
14. Section 401 of the Code of Criminal Procedure, 1973-
I. Allows the Court to convert finding of acquittal into conviction
II. Allows the Court to pardon the convict
III. Does not allow the Court to act suo motu
IV. Is only applicable to High Court
A. I and II
B. II and IV
C. II, III and IV
D. I, II and III
Ans. B
15. Under section 401 of the Code of Criminal Procedure, 1973-
A. The Court cannot set aside order of discharge
B. The Court can interfere even after the expiry of the sentence
C. The Court cannot interfere if the accused is dead
D. The Court can review its judgement pronounced on revision in a criminal case
Ans. B
16. Under section 401 of the Code of Criminal Procedure, 1973-
A. A total stranger cannot move an application for revision
B. The revision can be done without giving notice to the parties
C. A party who is in contempt of Court cannot be heard
D. The Court cannot interfere if the case is pending
Ans. C
17. 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
C. It is expedient for the ends of justice
D. It will tend to the general convenience of the witnesses
Ans. B
18. 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
Ans. A
19. _________ 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
Ans. B
20. _________ 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
Ans. C
21. 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
Ans. C
22. 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
Ans. a
23. 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
Ans. B
24. 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.
Ans. B
25. 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
Ans. D
26. 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
Ans. C
27. 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.
Ans. C
28. 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.
Ans. C
29. 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.
Ans. C
30. Under Section 320(1) Cr. P.C. for fraudulent removal or concealment of property, which section of IPC is applicable?
A. 424
B. 420
C. 422
D. 425
Ans. A
31. Which Section of Cr. P.C. overrides Section 72 Cr. PC.?
A. Section 78
B. Section 68
C. Section 58
D. Section 48
Ans: A
32. 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
Ans: D
33. 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.
Ans: C
34. 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.
Ans: C
35. 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
Ans: C
36. What do you mean by pursuit?
A. authorising the destruction of corporations for the purpose of engaging in any lawful enterprise, business, pursuit, or occupation, is not restricted in meaning to a scheme for making money, but includes any object consistent with the interest of society
B. authorising the dissolution of corporations for the purpose of engaging in any lawful enterprise, business, pursuit, or occupation, is not restricted in meaning to a scheme for making money, but includes any object consistent with the interest of society
C. authorising the formation of corporations for the purpose of engaging in any lawful enterprise, business, pursuit, or occupation, is not restricted in meaning to a scheme for making money, but includes any object consistent with the interest of society
D. authorising the reconstruction of corporations for the purpose of engaging in any lawful enterprise, business, pursuit, or occupation, is not restricted in meaning to a scheme for making money, but includes any object consistent with the interest of society
Ans: C
37. 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
Ans: B
38. 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
Ans: A
39. Order to pay costs in non-cognizable cases is covered under:
A. Section 359 Cr. P.C.
B. Section 287 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 489 Cr. P.C.
Ans: A
40. 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
Ans: A
41. Appearance by public prosecutors comes under:
A. Section 301 Cr. P.C.
B. Section 387 Cr. P.C.
C. Section 280 Cr. P.C.
D. Section 289 Cr. P.C.
Ans: A
42. Under Section 320 (1) Cr. P.C. for mischief by killing or maiming cattle etc. which section of IPC is applicable?
1. 428
2. 422
3. 429
4. 426
Ans: C
43. All but one is false of Section 91 Cr. P.C.?
1. this section is not deemed to affect Sections 123 and 124 of the Indian Evidence Act, 1872 (1 Of 1872)
2. this section is not deemed to apply to a letter, post card, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority
3. this section is not deemed to affect Sections 123 and 124 of the Bankers’ Book Evidence Act, 1891 (13 of 1891)
4. none of them
Ans: D
44. 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.
Ans: C
45. “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
Ans: B
46. 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
Ans: B
47. 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.
Ans: A
48. 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)
Ans: D
49. 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.
Ans: C
50. Under Section 320(1) Cr. P.C. for house-trespass, which section of IPC is applicable?
A. 455
B. 446
C. 448
D. 442
Ans: C
51. In which of the following case, a search warrant can be issued?
A. where the Court has the reason to believe that the person summoned to produce a document or thing will not produce it
B. where the document or thing is not known to be in the possession of any person
C. where a general inspection or search is necessary
D. all of them
Ans: D
52. 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.
Ans: C
53. 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)
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)
Ans: D
54. 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.
Ans: D
55. 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
Ans: D
56. 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.
Ans: A
57. 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.
Ans: C
58. Which of the following is a requisite of a complaint?
I. an oral or a written allegation
II. that some persons known or unknown has committed an offence
III. it must be made to a Magistrate
IV.it must be made with the object that he should take action
A. I and IV
B. II
C. Ill
D. I, II, III, IV
Ans: D
59. Service of summons on witness by post is covered under:
A. Section 49 Cr. P.C.
B. Section 59 Cr. P.C.
C. Section 69 Cr. P.C.
D. Section 79 Cr. P.C.
Ans: C
60. 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
Ans: D
61. 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.
Ans. (c)
62. 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.
Ans. (b)
63. 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.
Ans. (a)
64. 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).
Ans. (a)
65. 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.
Ans. (c)
66. The term “victim” is defined under:
(a) section 2(w)
(b) section 2(wa)
(c) section 2(u)
(d) none of the above.
Ans. (b)
67. 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.
Ans. (a)
68. 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.
Ans. (d)
69. Payment of compensation to a victim is provided under:
(a) section 356
(b) section 357
(c) section 357A
(d) none of the above.
Ans. (c)
70. 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.
Ans. (c)
71. 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.
Ans. (b)
72. Read the following:
(1) F.I.R. is only a report about the commission of a crime.
(2) F.I.R. in itself is a substantial evidence.
Of the above:
(a) (1) is true, but (2) is false
(b) (1) is false, but (2) is true
(c) Both (1) and (2) are true
(d) Both (1) and (2) are false.
Ans. (a)
73. ‘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.
Ans. (a)
74. What is the nature of a statement given in NARCO Test:
(a) It is not an evidence
(b) It is a scientific evidence
(c) It is an oral evidence
(d) It is a circumstantial evidence.
Ans. (c)
75. Consider the following statement(s):
A police officer has the power to arrest any person without an order from a Magistrate or warrant of arrest, if he has reason to suspect his complicity in a cognizable offence punishable with imprisonment which may extend to seven years, provided that he is satisfied for reasons in writing that such arrest is necessary
(1) to prevent such person from committing any further offence.
(2) for proper investigation of the offence.
(3) to prevent such person from tampering with or causing the evidence of the offence to disappear.
(4) to compel the absconding co-accused to surrender.
Which of the statements given above are correct:
(a) (1) and (2)
(b) (2) and (3)
(c) (1), (2) and (3)
(d) (1), (2), (3) and (4).
Ans. (c)
76. 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.
Ans. (b)
77. 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.
Ans. (d)
78. ‘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.
Ans. (d)
79. 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
Ans. (b)
80. 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 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.
Ans. (c)
81. 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.
Ans. (b)
82. 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
(c) Dinesh Dalmiya v. C.B.I.
(d) Dhananjay Chatterjee v. State of West Bengal.
Ans. (a)
83. 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.
Ans. (a)
84. Which of the following statements is/are true:
(a) Inquiry means every inquiry including a trial conducted under the Code of Criminal Procedure by a Magistrate or court
(b) Inquiry means every inquiry other than a trial conducted under the Code of Criminal Procedure by a Magistrate or court
(c) Investigation includes all the proceedings under the Code of Criminal Procedure for the collection of evidence conducted by a Magistrate
(d) All these.
Ans. (b)
85. ‘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.
Ans. (d)
86. Indicate the correct statement regarding the rights of an arrestee.
A person arrested without warrant has the right to:
(i) be informed of the particulars of the offence for which he is arrested
(ii) have a relative or friend named by him to be informed about his arrest
(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).
Ans. (d)
87. A criminal Court, at conclusion of trial, may order:
(a) restoration of possession of immovable property to the person who had been dispossessed therefrom by use of criminal force or by criminal intimidation by the person convicted
(b) the destruction of pornographic material in respect of which conviction was recorded
(c) Both (1) and (2)
(d) neither (1) nor (2).
Ans. (c)
88. Period of limitation shall commence:
(a) from the date of the offence generally
(b) from the date of knowledge of the commission of the offence if not known earlier
(c) from the date of establishment of the identity of the accused if not known at the time of commission of the offence
(d) all the above.
Ans. (d)
89. Court can condone the delay:
(a) under section 470 of Cr PC
(b) under section 471 of Cr PC
(c) under section 473 of Cr PC
(d) under section 472 of Cr PC.
Ans. (c)
90. In computing the period of limitation the time during which:
(a) the accused avoided arrest by absconding has to be excluded
(b) the accused remained absent from India has to be excluded
(c) both (a) & (b)
(d) only (a) is correct & (b) is incorrect.
Ans. (c)
91. 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).
Ans. (c)
92. 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.
Ans. (a)
93. 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
Ans. (c)
94. 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
Ans. (b)
95. 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.
Ans. (a)
96. The special court is:
(a) not subordinate to High Court
(b) is subordinate to High Court
(c) superior to High Court
(d) supplement to High Court.
Ans. (a)
97. In which of the following cases the prosecution witness was prosecuted for perjury:
(a) Jessica Lal case (2007)
(c) Priyadarshni Mattoo case (2006)
(d) None of the above.
Ans. (a)
98. 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
Ans. (c)
99. 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.
Ans. (a)
100. 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.
Ans. (c)
101. 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.
Ans. (a)
102. Whether suspicion is:
(a) a substitute for proof of offence
(b) not a substitute for proof of offence
(c) a relevant factor for proof of offence
(d) not a dependent factor.
Ans. (b)
103. 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.
Ans. (d)
104. 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.
Ans. (a)
105. 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.
Ans. (b)
106. 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.
Ans. (a)
107. 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.
Ans. (d)
108. The offence committed under which section of IPC is not compoundable under section 320 of Cr PC:
(a) Section 352
(b) Section 353
(c) Section 354
(d) Section 355
Ans. (b)
109. 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.
Ans. (d)
110. 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.
Ans. (b)
111. 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.
Ans. (a)
112. In-camera trial refers to:
(a) open trial
(b) trial broadcast on television with the help of camera
(c) trial to which public and press are not allowed
(d) summary trial.
Ans. (c)
113. 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
Ans. (b)
114. 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
Ans. (c)
115. “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
Ans. (b)
116. 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
Ans. (c)
117. 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
Ans. (a)
118. Provision relating to plea bargaining comes under which Chapter in Criminal Procedure Code:
(a) XXI
(b) XXA
(c) VIIA
(d) XXIA
Ans. (d)
119. 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.
Ans. (a)
120. 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.
Ans. (c)
121. 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.
Ans. (b)
122. Which of the following statements is true:
(a) a woman can never be arrested after sunset and before sunrise under the provisions of Cr. P.C.
(b) a woman can be arrested after sunset and before sunrise only under exceptional circumstances
(c) a woman can be arrested after sunset and before sunrise only under exceptional circumstances with the prior permission of Judicial Magistrate of first class within whose jurisdiction the offence is committed or the arrest is to be made
(d) none of the above.
Ans. (c)
123. 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.
Ans. (b)
124. 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.
Ans. (a)
125. 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.
Ans. (a)
126. 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.
Ans. (c)
127. 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.
Ans. (d)
128. The judgement delivered by a court in cases of plea bargaining is:
(a) final
(b) appealable and appeal lies to the High Court
(c) final and no appeal except SLP under Article 136 and writ petition under Articles 226 & 227 lies
(d) appeal lies directly to the Supreme Court.
Ans. (c)