Objective questions and answers on the code of criminal procedure especially compiled for UPSC, Civil Services, IAS and Indian Judicial Service Examinations!
1. Which of the following statements hold true for proclamations made under section 82 of the Code of Criminal Procedure, 1973?
A. Magistrate issuing the proclamation must record his satisfaction that the accused has absconded or concealed himself
B. It is possible to issue Warrant and proclamation simultaneously
C. A person who left India before the issue of warrant of arrest, because he anticipated the warrant, can be regarded as absconded
D. Even absence of one day can be termed as absconding
Ans. A
2. Under the Code of Criminal Procedure, 1973 warrant can be issued in lieu of or in addition to a summons if-
A. The offence is non-bailable offence
B. The Court believes that the person summoned has absconded
C. The person summoned has failed to appear
D. The time fixed for the appearing of person summoned has passed
Ans. B
3. __________ of the Code of Criminal Procedure, 1973 deals with summons to produce documents or things.
A. Section 89
B. Section 90
C. Section 91
D. Section 92
Ans. C
4. Which of the following statements does NOT hold true under section 116 of the Code of Criminal Procedure, 1973?
A. It is compulsory to hold inquiry under this section
B. Inquiry contemplated under this section is a full judicial inquiry
C. Evidence of general repute is admissible it is not necessary to give specific instances
D. The magistrate can adjourn from day to day and ask for interim bond
Ans. D
5. Under the provisions of section 125 of the Code of Criminal Procedure, 1973 order for maintenance of wives, children and parents-
A. The provisions of section 250 of the CrPC do not apply to the proceedings under this section
B. Cannot be made for interim maintenance
C. Are subject to maximum of Rs 2,500 per month
D. Is barred if proceedings under the Hindu Marriage Act are pending in the family Court
Ans. A
6. Which of the following statements are true under section 125 of the Code of Criminal Procedure, 1973?
A. The section ceases to operate when the relationship of marriage or paternity is denied
B. The order of maintenance passed under this section in the favour of wife will cease to be operative if she resumes cohabitation
C. An order made under this section can be enforced against a person even if she/he resides outside the jurisdiction of the Court
D. Under this section husband can claim maintenance from her wife
Ans. C
7. In which of the following cases and order under section 125 of the Code of Criminal Procedure, 1973 cannot be made?
A. There exists a private agreement between the husband and the wife not to claim maintenance
B. Second wife claiming maintenance for herself
C. Second wife claiming maintenance for illegitimate children
D. Wife who obtains a divorce by mutual consent agreeing not to claim maintenance
Ans. B
8. Which of the following statements hold true for order of maintenance made under the provisions of the Code of Criminal Procedure, 1973?
A. A claim for arrears of maintenance abates on the death of the husband
B. An order passed under CrPC acts as a bar to the case for maintenance under Civil Court
C. It is not possible to pass ex-parte order for maintenance
D. An enquiry under section 125 and 126 of the CrPC is considered as trial
Ans. A
9. Which of the following statements hold true under section 127 of the Code of Criminal Procedure, 1973?
A. This section is not applicable if the original order was made on the basis of compromise
B. This section is not applicable if the maintenance is based on private agreement between husband and wife
C. An alteration in the amount of the order of maintenance cannot mean reduction of it to nothing
D. Alteration of the allowance can be made from the date of application
Ans. B
10. Which of the following plea is acceptable under section 127 of the Code of Criminal Procedure but NOT under section 125 of the Code of Procedure?
A. The wife has remarried
B. The parents are refusing to live with the children
C. Wife has voluntarily surrendered her right of maintenance
D. Private agreement exists between husband and wife providing for maintenance
Ans. C
11. A husband was directed to pay maintenance to his wife and his minor son under section 125 of the CrPC. Subsequently the matter was settled outside Court on a lump-sum payment made by husband to the wife. Approximately after nine years of the agreement, the wife moved an application for the enforcement of the maintenance order. Which of the following statements will apply to the case?
A. The long delay of nine years will cause the application to be rejected
B. Mutual settlement outside the Court has rendered the order as void, as such the application will be rejected
C. The wife has wavered her right to maintenance and as such the application will be rejected
D. The waiver in derogation of a statutory right cannot be recognised by the Court, as such the application will be accepted
Ans. D
12. Orders under Chapter X of the Code of Criminal Procedure, 1973-
A. Envisage adjudicatory proofs of the right
B. Do not envision requisition of aid of male persons
C. Can be made to disperse religious crowds
D. Do not envision usage of military
Ans. C
13. Which of the following is a valid restriction to orders passed for dispersal of unlawful assemblies under the provisions of the Code of Criminal Procedure, 1973?
A. Minimum possible force should be used
B. Live ammunitions cannot be used
C. Offenders cannot be taken into custody
D. Only Executive magistrate can pass the orders
Ans. A
14. Under the provisions of the Code of Criminal Procedure, 1973, a magistrate’s power to make a conditional order for removal of public nuisance-
A. Cannot be exercised on mere receipt of police report
B. Cannot be exercised ex-parte i.e without giving the concerned parties opportunity to be heard
C. Cannot be exercised to order the person concerned to repair the damage done by him
D. Can be exercised to settle private disputes between different sections of the public
Ans. C
15. The conditional order for removal of public nuisance issued under the provisions of the Code of Criminal Procedure, 1973 becomes absolute-
A. If the person against whom the conditional order was made denies the existence of the public right
B. If the person against whom the conditional order was made does not perform the act or appear and show cause
C. If the person against whom the conditional order is made resists arrest
D. If the magistrate receives a report from the police officer requesting for the order to be made absolute
Ans. B
16. Which of the following statements does NOT hold true for an order made under section 133 of the Code of Criminal Procedure, 1973?
A. It cannot be questioned by a civil suit
B. The order can be made even if danger or inconvenience is about to be caused
C. When proceedings are taken under this section, no order can be passed under section 144 of the CrPC
D. The magistrate’s jurisdiction is ousted if a bona fide claim of title is raised
Ans. D
17. Which of the following orders for removal of public nuisance is illegal?
A. Engine of the factory was causing noise as to be serious nuisance to the people living in the neighbourhood, the Court forbade the working of the engine from 9 PM to 5 AM
B. Stocking of fodder on certain plot in residence colony constituted pollution of atmosphere and hence public nuisance. The order was made to directing not to stock fodder on the plot
C. Plea of the landlord was that bad smell came from the tenanted room which was locked for five months. The magistrate ordered to brake open the room and remove the goods without the notice to the tenant
D. An order was passed for the demolition of a building which was in dilapidated condition. The magistrate had taken judicial notice of the incessant rains in that area at that time since he was residing in that town
Ans. C
18. Under the provisions of the Code of Criminal Procedure, 1973 order in urgent cases of nuisance or apprehended danger-
A. Cannot be issued ex parte
B. Cannot be issued for a period exceeding two months
C. Cannot impose any restriction to carry on trade
D. Is not amendable to writ jurisdiction
Ans. B
19. An order passed under section 144 of the Code of Criminal Procedure, 1973 is-
A. Administrative in nature
B. Judicial in nature
C. Quasi-judicial in nature
D. Quasi administrative in nature
Ans. A
20. Which of the following orders passed under section 144 of the Code of Criminal Procedure, 1973 is legal?
A. An order directing that all music should cease when any procession is passing a certain place of worship
B. An order directing cutting of large quantity of trees
C. An order directing the respondent to remove a bund obstructing the flow of water
D. An order restricting the person from cutting large quantity of trees
Ans. D
21. A Magistrate cannot pass an order under section 145 of the Code of Criminal Procedure, 1973 if-
A. The proceedings on the same disputed property are pending in the Civil Court
B. The dispute is between private parties
C. The property concerned is outside his local jurisdiction
D. If one of the parties of the dispute dies
Ans. C
22. Under the provisions of section 145 of the Code of Criminal Procedure, 1973 the Magistrate-
A. Need not go into the question of title, but must concern himself with the question of possession
B. Need not go into the question of possession but must restrict himself with the question of title
C. Need not go into question of title or possession
D. Must concern himself with both questions of title and possession
Ans. A
23. A Magistrate can appoint receiver in case of disputed property under_____________ of the Code of Criminal Procedure, 1973.
A. Section 133
B. Section 144
C. Section 145
D. Section 146
Ans. D
24. The finding of the Civil Courts given under section 146 of the Code of Criminal Procedure, 1973 in a reference by a Magistrate regarding possession-
A. Cannot be challenged by way of appeal but is subject to review and revision
B. Is not subject to review or revision but can be challenged by way of appeal
C. Cannot be challenged by way of appeal, review and/ or revisions
D. Can be appealed, and is subject to review and revision
Ans. C
25. The maximum possible detention under section 151 of the Code of Criminal Procedure, 1973 is-
A. 12 hours
B. 24 hours
C. 48 hours
D. 72 hours
Ans. B
26. The statutory rights of the police to carry on investigations under chapter XII of the Code of Criminal Procedure, 1973-
A. Cannot be interfered with by the Court under section 401 of the CrPC but are subject to section 482
B. Cannot be interfered with by the Court under section 482 of the CrPC but are subject to section 401
C. Cannot be interfered with by the Court under section 482 or 401 of the CrPC
D. Are subject to section 401 and 482 of CrPC
Ans. C
27. In case of sexual offences in which the information is being given by a female victim-
A. The FIR can only be recorded by woman police officers
B. The effort should be taken to insure that the FIR is recorded by woman police officers
C. The FIR cannot be recorded by male police officers
D. The FIR can only be recorded at the police station
Ans. C
28. After the enactment of the Criminal Law (Amendment) Act, 2013-
A. The cases of rape can only be tried by the Courts presided by a woman
B. The public prosecutor in the rape cases must be a woman
C. The cases of rape as far as practical should be tried a Court presided over by woman
D. The cases of rape within marriage have gained recognition
Ans. C
29. The section 465 of the Code of Criminal Procedure, 1973-
A. Applies to cases where the trial is illegal from the start to finish
B. Can cure a defect in the jurisdiction of the Court
C. Has been declared unconstitutional by the Supreme Court
D. Places burden of proof on the accused
Ans. D
30. Which of the following cases cannot be cured by applying section 465 of the Code of Criminal Procedure, 1973?
A. The putting of questions to an accused in the nature of cross examination before taking of evidence for the persecution
B. The failure to examine the complainant on oath
C. Pronouncing of sentence before writing the judgement
D. The omission to record relevant fact observed by a Magistrate at a local inspection under section 310 of CrPC
Ans. A
31. Which of the following cases can be cured under section 465 of the Code of Criminal Procedure, 1973?
A. Entertaining of complaint without complying with section 195 and 340 of the CrPC
B. The reading and recording of evidence taken in one case into another companion case
C. The examination of witness in absence of the accused
D. Non-compliance with 235(2)
Ans. B
32. Which of the following will lead to setting aside of conviction as well as sentence under the provisions of the Code of Criminal Procedure, 1973?
A. When the accused was charged of various offences including section 302 of the IPC but no specific and separate charges under section 302 was made but he was convicted under that section
B. When the accused was charged under section 302 of IPC and the charges could not be proved but the ingredients of section 304-B of the IPC were found established and he was accordingly convicted through no charges had been framed under that section
C. In a case under section 161 of IPC, where the accused, a public servant was prosecuted for taking bribe and in the charges there was omission to indicate the other public servant with whom service or disservice would be rendered
D. All of these
Ans. A
33. Section 461 of the Code of Criminal Procedure, 1973 enumerates _____________ kinds of irregularities which render the proceedings void.
A. Seven
B. Ten eleven
C. Fifteen
D. Seventeen
Ans. D
34. Which of the following statements hold true for de nova trials?
A. Omission or illegality in the procedure even if it does not affect the core of the case can become a ground for calling de nova trial
B. A de nova trial should be the last resort
C. The Court originally trying the case can order de nova trial
D. None of these
Ans. B
35. Section 156 of the Code of Criminal Procedure, 1973-
A. Gives the Magistrate power to direct the CBI to conduct investigation in certain specific offences
B. Gives the Magistrate power to refer the complaint to Corps of Detectives (COD) Police for investigation
C. Both A and B
D. Neither A nor B
Ans. D
36. A statutory investigating agency-
A. Cannot be directed to obtain financial assistance from private parties for meeting the expenses of investigation
B. Can be directed to obtain financial assistance from the complainant for meeting the expenses of investigation if the complainant is financially sound
C. Can be directed to recover expenses made in investigating the case from the accused if the conviction is proved
D. Can recover expenses made in investigating the case from the fine imposed on the convict
Ans. A
37. Which of the following statements hold true for section 202 of the Code of Criminal Procedure, 1973 but not for section 156 of the Code?
A. The Magistrate can order an inquiry
B. The Magistrate takes cognizance of the offence
C. The investigation is done by Police Officer
D. The investigation is done by Judicial Officers
Ans. B
38. Investigations under the Code of Criminal Procedure, 1973 –
A. Can be done even without registering a case
B. Issuance of show case notice to the investigation agency by the High Court means that further investigation cannot be done
C. Should always include scientific evidence in form of finger prints, DNA etc.
D. Ordinarily investigation is undertaken by a police officer on information, the receipt of information is not a condition precedent for investigation
Ans. D
39. Under section 159 of the Code of Criminal Procedure, 1973-
A. The Magistrate cannot order magisterial enquiry
B. The Magistrate cannot order an inquiry before submission of a police report
C. The Magistrate can suspend a police investigation which has already commenced and direct a magisterial enquiry
D. The Magistrate is bound to order an inquiry if the conditions stated in the section are satisfied
Ans. B
40. A police officer making an investigation under Chapter XII of the Code of Criminal Procedure, 1973-
A. Is bound to reduce into writing the statements of witnesses examined by him
B. Can examine the person acquitted with the facts of the case and reduce the statement made by such persons into writing
C. Must examine the persons on oath
D. All of these
Ans. B
41. In a non-cognizable case, the accused:
(a) can object to the grant of permission under section 155(2) of Cr PC as a matter of right
(b) can object to the grant of permission under section 155(2) of Cr PC with the leave of the Magistrate
(c) can object to the grant of permission under section 155(2) of Cr PC with the leave of the High Court
(d) has no right to participate in the proceedings and cannot object to the grant of permission under section 155(2) of Cr PC
42. Under the Scheme of Criminal Procedure non-cognizable offences are:
(a) public wrongs
(b) private wrongs
(c) both public and private wrongs
(d) none of the above.
43. A Magistrate has the power to direct the police to investigate in respect of an offence:
(a) under the Indian Penal Code
(b) under any local or special law
(c) both (a) and (b)
(d) only (a) and not (b).
44. Leave to investigate into a non-cognizable offence can be granted by a:
(a) Magistrate in any part of India
(b) Magistrate in any part of the State
(c) Magistrate having jurisdiction to try the case
(d) either (a) or (b) or (c).
45. In a bailable offence, the bail is granted as a matter of right:
(a) by the police officer
(b) by the court
(c) both by the police officer & the court
(d) either (a) or (b).
46. In a bailable offence:
(a) conditions can be imposed while granting bail by the police officer
(b) conditions can be imposed while granting bail by the court
(c) no condition can be imposed while granting bail by the police officer or by the court
(d) only mild conditions can be imposed by the court only.
Ans. (c)
47. Warrant case has been defined under section 2(x) of Cr PC 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.
48. Classification of summons case & warrant case:
(a) is useful to determine the trial procedure to be adopted
(b) is useful to determine the investigation procedure to be adopted
(c) is useful to decide the question of issuance of process to the accused
(d) (a) & (c) are correct.
49. Complaint, as provided under section 2(d) of Cr PC:
(a) can be in writing only
(b) can be oral
(c) either in writing or oral
(d) can be by gestures.
50. Complaint as provided under section 2(d) of Cr PC:
(a) can be to a police officer
(b) can be to a Magistrate
(c) both (a) & (b)
(d) must necessarily to be a Magistrate only.
51. Complaint may relate to:
(a) a cognizable offence
(b) a non-cognizable offence
(c) both (a) & (b) are correct
(d) must be for a non-cognizable offence as the police has no power to investigate such an offence.
52. In respect of investigation as provided under section 2(h) of Cr PC which of the following is incorrect:
(a) investigation can be conducted by a police officer
(b) investigation can be conducted by any person so authorised by a Magistrate
(c) investigation can be conducted by a Magistrate himself
(d) both (a) & (b).
53. When a complaint is presented to a Magistrate, the Magistrate proceeds to examine the complainant & the witnesses:
(a) the Magistrate is conducting investigation
(b) the Magistrate is conducting an inquiry
(c) Magistrate is conducting a trial
(d) both (b) & (c).
54. The word Magistrate mentioned in section 156(3) of Cr PC means:
(a) a Judicial Magistrate
(b) a Special Executive Magistrate
(c) an Executive Magistrate
(d) either (a) or (b) or (c).
55. A Metropolitan Magistrate has the power to pass sentence, as provided under section 29 of Cr PC:
(a) any sentence authorised by law except a sentence of death, or
(b) imprisonment for life or of imprisonment for a term exceeding seven years
(c) imprisonment for a term not exceeding three years and fine not exceeding Rs.10,000
(d) imprisonment for a term not exceeding one year and fine not exceeding Rs.1,000.
56. A Metropolitan Magistrate can award sentence of imprisonment in default of payment of fine:
(a) equal to the term of imprisonment which he is competent to inflict as substantive punishment
(b) not exceeding half of the term of imprisonment which he is competent to inflict as substantive sentence
(c) not exceeding one-third of the term of imprisonment which he is competent to inflict as substantive sentence
(d) not exceeding one-fourth of the term of imprisonment which he is competent to inflict as substantive sentence.
57. The imprisonment in default of fine:
(a) shall be in addition to a substantive sentence maximum awardable under section 29 without any specific order
(b) shall be in addition to a substantive sentence only when a specific order to that effect is passed
(c) shall not be in addition to the substantive sentence awardable by the Magistrate
(d) shall be in addition to the substantive sentence awardable but subject to the upper limit for substantive sentence prescribed under section 29.
58. In cases of consecutive sentence on conviction of several offences at one trial by a Metropolitan Magistrate the aggregate punishment:
(a) shall not exceed twice the amount of punishment which the Magistrate is competent to inflict for a single offence
(b) shall not exceed the amount of punishment which the Magistrate is competent to inflict for a single offence as prescribed under section 29 of Cr PC
(c) shall not exceed three times the amount of punishment which the Magistrate is competent to inflict for a single offence
(d) shall not exceed 14 years.
59. Classification of compoundable & non-compoundable offences has been provided under:
(a) Ist Schedule
(b) IInd Schedule
(c) section 320 of Cr PC
(d) section 321 of Cr PC.
Ans. (c)
60. Offences other than those mentioned in section 320 of Cr PC are:
(a) not compoundable
(b) compoundable with the permission of the court
(c) compoundable by the Court of Sessions
(d) compoundable by the High Court.
Ans. (a)
61. Arrest means:
(a) every compulsion or physical restraint
(b) total restraint and complete deprivation of liberty
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (b)
62. A warrant of arrest is a command:
(a) must be a written order
(b) signed, sealed & issued by a Magistrate
(c) addressed to a police officer
(d) all of the above.
Ans. (d)
63. A person can be arrested without warrant:
(a) for securing attendance of accused at trial
(b) as a preventive or precautionary measure
(c) for obtaining correct name & address
(d) all the above.
Ans. (d)
64. Which of the following is correct:
(a) Magistrate cannot arrest a person
(b) a private person cannot arrest a person
(c) a police officer can arrest a person
(d) both (a) & (b).
Ans. (c)
65. It is mandatory for a police officer to inform the person arrested, the grounds of arrest and right of bail if the offence is not non-bailable, under:
(a) section 49 of Cr PC
(b) section 50 of Cr PC
(c) section 51 of Cr PC
(d) section 54 of Cr PC.
Ans. (b)
66. A police officer arresting a person may carry out the personal search of the person arrested, as provided:
(a) under section 50 of Cr PC
(b) under section 51 of Cr PC
(c) under section 54 of Cr PC
(d) under section 56 of Cr PC.
Ans. (b)
67. Section 54 of Cr PC provides for:
(a) medical examination of the accused at the request of the police officer
(b) medical examination of the accused at the request of the accused
(c) both (a) & (b)
(d) neither (a) nor (b).
68. It is mandatory to produce the person arrested before the Magistrate, within 24 hours of his arrest, under:
(a) section 56 of Cr PC
(b) section 57 of Cr PC
(c) section 58 of Cr PC
(d) section 59 of Cr PC.
Ans. (b)
69. A proclamation under section 82 of Cr PC can be issued against a person against whom a warrant has been issued. Thus a proclamation can be issued against:
(a) accused offender
(b) a surety
(c) a witness
(d) all the above.
Ans. (d)
70. A proclamation requiring a person to appear must be published giving:
(a) not less than 30 days’ time to the person concerned
(b) not less than 10 days’ time to the person concerned
(c) not less than 20 days’ time to the person concerned
(d) not less than 15 days’ time to the person concerned.
Ans. (a)
71. Attachment of the property of the person absconding:
(a) can only be issued after publication of the proclamation under section 82 of Cr PC
(b) can be issued before publication of the proclamation under section 82 of Cr PC
(c) can be issued simultaneously with the issue of proclamation under section 82 of Cr PC
(d) all the above.
Ans. (c)
72. Period of limitation for filing claims & objections to the attachment of any property attached under section 83 of Cr PC, by any person other than the proclaimed person, as provided under section 84 of Cr PC:
(a) within three months of attachment
(b) within six months of attachment
(c) within one year of attachment
(d) within two months of attachment.
Ans. (d)
73. Period of limitation for filing a suit to establish the right over the property attached, by a person other than the person proclaimed, who has filed claims & objection to attachment, is:
(a) three months from the date of disallowing the claim
(b) six months from the date of disallowing the claim
(c) one year from the date of disallowing the claim
(d) three years from the date of disallowing the claim.
Ans. (c)
74. If the person proclaimed appears within the period specified in the proclamation, the property attached:
(a) shall not be released from attachment
(b) shall be released from attachment
(c) shall be forfeited
(d) both (a) & (c).
Ans. (b)
75. If the proclaimed person does not appear within the time specified in the proclamation, the property under attachment:
(a) shall not be sold until expiry of six months from the date of attachment
(b) shall not be sold until any claim or objection under section 84 have been disposed of
(c) both (a) & (b)
(d) either (a) or (b).
Ans. (c)
76. A proclaimed person whose property has been attached can claim the property or the sale proceeds, on appearance:
(a) within 6 months of attachment
(b) within 2 years of attachment
(c) within 3 years of attachment
(d) within 1 year of attachment.
Ans. (b)
77. An arrested person has a right to consult a legal practitioner of his choice. The consultation with the lawyer:
(a) may not be in the presence of the police officer
(b) may be in the presence of the police officer but not within his hearing
(c) may be in the presence of the police officer and within his hearing
(d) both (a) & (b).
Ans. (d)
78. A search warrant is a written authority given to a police officer or any other person for the search of any place:
(a) generally
(b) for specified things or documents
(c) generally as well as for specified things or documents
(d) only (b) of above.
Ans. (c)
79. Section 91 of Cr PC does not apply to:
(a) the complainant
(b) the accused
(c) the witness
(d) a person who is neither a complainant nor an accused nor a witness.
Ans. (b)
80. The issuance of summons to a person to produce a document(s) under section 91 of Cr PC is:
(a) declaration
(b) mandatory
(c) discretionary
(d) either (a) or (c).
Ans. (c)
81. Under section 91 of Cr PC, a person who is summoned to produce a document(s) on appearance before the court:
(a) becomes a witness and can be subjected to cross-examination
(b) does not become a witness and cannot be subjected to cross-examination
(c) becomes a witness but cannot be subjected to cross-examination
(d) does not become a witness but can be subjected to cross-examination.
Ans. (b)
82. A person who is required merely to produce a document(s)/thing under section 91 of Cr PC:
(a) has to attend personally to produce the document(s)/thing
(b) can cause the document(s)/thing to be produced in the Court
(c) either attend personally or cause the document(s)/thing produced in the Court
(d) only (a) and not (b) or (c).
Ans. (c)
83. Section 92 of Cr PC lays down the procedure for:
(a) production of document(s) in the custody of postal or telegraph authority
(b) production of document(s) in the custody of any person other than the accused
(c) production of document(s) in the custody of an accused person
(d) all of the above.
Ans. (a)
84. Where a person summoned to produce a document(s)/thing under section 91 of Cr PC, fails to attend personally or causes the document(s)/thing produced in the court against such person:
(a) a search warrant can be issued under section 93 of Cr PC
(b) a prosecution for offence under section 175, I.P.C. can be launched
(c) either (a) or (b)
(d) both (a) and (b).
Ans. (d)
85. In the prosecution for an offence punishable under section 175, I.P.C. for non-compliance / disobedience of the summon / issued under section 91 of Cr PC:
(a) the accused cannot take the defence that the document(s)/thing ordered to be produced is not necessary or desirable for the investigation, inquiry or trial
(b) the accused can take the defence that the document(s)/thing ordered to be produced is not necessary or desirable for the investigation, inquiry or trial
(c) the accused cannot question the necessity or desirability of the document(s)/thing, ordered to be produced, for the investigation, inquiry or trial
(d) the accused cannot be permitted to take the defence that the document(s)/thing ordered to be produced is not necessary or desirable for the investigation, inquiry or trial, as the necessity or desirability already stands adjudged before the issuance of summon to produce the document(s)/thing.
Ans. (b)
86. 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.
Ans: B
87. Abhay is accused of giving false evidence at a given time and place. Applying Section 213 Cr. P.C.:
A. the charge must set out that portion of the evidence given by Abhay which is alleged to be true
B. the charge must set out that portion of the evidence given by Abhay which is alleged to be false
C. the charge must set out to cancel all of the evidence given by Abhay
D. none of them
Ans: B
88. Which of the following deals with order for disposal of property at conclusion of trial?
A. Section 452 Cr. P.C.
B. Section 450 Cr. P.C.
C. Section 102 Cr. P.C.
D. Section 352 Cr. P.C.
Ans: A
89. Under Section 320(1) Cr. PC. for cheating by personation, which section of IPC is applicable?
A. 419
B. 413
C. 412
D. 414
Ans: A
90. Which of the following is false of sub-section (3) of Section 85 Cr. P.C.?
A. it prescribes a remedy where is a good and legal publication, but offers no facility for the contesting of the legality of the proclamation
B. it contemplates and requires proof that the offender did not abscond or conceal himself for the purpose of avoiding arrest and that he had no such notice of the proclamation as to enable him to attend within the time specified
C. it is enough to show that within that period the accused person appeared voluntarily or was apprehended or brought before the Court.
D. both (A) and (C)
Ans: C
91. The manner of recording a Metropolitan Magistrate’s judgment is given in:
A. Section 386 Cr. P.C.
B. Section 587 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 355 Cr. P.C.
Ans: D
92. Bobby is accused of the murder of Balram at a given time and place. Applying Section 213 Cr. PC.:
A. the charge needs to state the manner in which Bobby murdered Balram
B. the charge need not state the manner in which Bobby murdered Balram
C. either (A) or (B)
D. none of them
Ans: B
93. Which of the following section of Cr. P.C. talks about the person arrested to be brought before the Court without delay?
A. Section 66 Cr. P.C.
B. Section 76 Cr. P.C.
C. Section 86 Cr. P.C.
D. Section 96 Cr. P.C.
Ans: B
94. Under Section 320(1) Cr. P.C. for fraudulently preventing from being made available for his creditors a debt or demand due in the offender, which section of IPC is applicable?
A. 414
B. 420
C. 422
D.425
Ans: C
95. Under Section 73 Cr. PC. the warrant may be addressed to any person within the local jurisdiction for the arrest of:
A. any escaped convict
B. proclaimed offender
C. any person accused of a non – bailable offence who is avoiding arrest
D. all of them
Ans: D
96. Power to order costs is provisioned under:
A. Section 339 Cr. P.C.
B. Section 287 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 342 Cr. P.C.
Ans: D
97. Under which of the cases it was held that where a civil suit in respect of same subject-matter is pending a Criminal Court is not barred from exercising jurisdiction under S. 145 and S. 146.
A .Jadgish Ram v. State of Haryana, 1990 Cr LJ 1917 (Punj.)
B. Jagdish v. Sub-Divisional Magistrate, Panipat, 1987 CrLJ 1198 (P&H)
C. Madam pal Sing v. State of JJttar Pradesh, 1995 Cr LJ 2353 (All)
D. Indira v. Dr. Vasantha, 1991 Cr LJ 1798 (Mad)
Ans: B
98. ‘Refusal’ means:
A. an act of saying or showing that you will not do or accept something which applies
B. an act of saying or showing that you will not do or accept something which is received
C. an act of saying or showing that you will not do or accept something which is offered
D. an act of saying or showing that you will not do or accept something which is provided
Ans: C
99. Which of the following is true of Section 74 Cr. PC.?
A. no other person except a police officer is competent to execute a warrant of arrest under an endorsement from another police officer
B. an endorsement by designation will not make the warrant strictly legal
C. both (A) and (B)
D. none of them
Ans: C
100. Which of the following deals with the summary procedure for trial for giving false evidence?
A. Section 339 Cr. P.C.
B. Section 344 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 458 Cr. P.C.
Ans: B
101. A proceeding u/s 133 was stayed till the final disposal of a civil suit u/s. 173(2) in a case where a conditional order for removal of obstruction to the public passage was passed and a civil suit was already filed in respect of the passage in dispute. This relates to which of the following cases:
A. Nagarjuna Paper Mills Ltd. V. S.D.M. & R.D. Officer, 1987 CrLJ2071 (AP)
B. Thakur Sao v. Abdul Aziz (1925) 4 Pat 783
C. Brahmanand Rai v. State of UP 191 Cr LJ 3238 (All)
D. Sri ram v. State of UP 1992 Cr LJ 181 (All)
Ans: C