Questions and answers on the code of criminal procedure especially compiled for UPSC, Civil Services, IAS and Indian Judicial Service Examinations!
1. Procedure when not convicted is stated in:
A. Section 254 Cr. P.C.
B. Section 256 Cr. P.C.
C. Section 252 Cr. P.C.
D. Section 240 Cr. P.C.
Ans: A
2. Brevity allowed means:
A. that an accused can be punished at the police commissioner’s discretion on mere personal knowledge
B. that an accused cannot be punished at the Magistrate’s discretion on mere personal knowledge
C. that an accused can be punished at the public servant’s discretion on mere personal knowledge
D. none of them
Ans: B
3. The validity of the order u/s. 144 Cr. P.C. is:
A. two months
B. three months
C. four months
D. five months
Ans: A
4. Making over or withdrawal of cases by Executive Magistrates is Covered under:
A. Section 411 Cr. P.C.
B. Section 287 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 432 Cr. P.C.
Ans: A
5. What is the criminal jurisprudence of the country under which The Code of Criminal Procedure confers on to the hierarchy of courts specific powers to deal with matter as may seem to be just and proper?
A. discretionary powers have to be exercised in a consistent manner with the known principles of law and not otherwise
B. a person is innocent and the burden rests on the prosecution to prove beyond all reasonable doubts as regards the guilt of the accused persons
C. there is no scope of arbitrary exercise of powers because they are circumscribed and have to exercised in accordance with the provisions of the law and not dehors the same
D. all of them
Ans: B
6. Which of the following deals with the withdrawal of complaint of a case falling under Chapter XX of the Code?
A. Section 223 Cr. P.C.
B. Section 259 Cr. P.C.
C. Section 254 Cr. P.C.
D. Section 257 Cr. P.C.
Ans: D
7. Commutation stands for:
A. Alternative; change; exchange; substitution
B. Alteration; change; exchange; substitution
C. Alteration; change; exchange; complementary
D. Adulteration; change; exchange; substitution
Ans: B
8. In what which way Section 157 Cr. P.C. provides safeguards for rape victims?
A. the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice
B. the recording of statement as far as practicable must be conducted by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality
C. both (A) and (B)
D. none of them
Ans: C
9. Which of the following deals with the period of detention undergone by the accused to be set off against the sentence of imprisonment?
A. Section 286 Cr. P.C.
B. Section 428 Cr. P.C.
C. Section 588 Cr. P.C.
D. Section 289 Cr. P.C.
Ans: B
10. Section 23 Cr. P.C. confers that:
A. a District Magistrate has the power to transfer a case from the Court of one Executive Magistrate to that of another
B. an Executive Magistrate has the power to transfer a case from the Court of one Executive Magistrate to that of another
C. both (A) and (B)
D. none of them
Ans: A
11. Procedure to be followed after the completion of the recording of the evidence is mentioned in:
A. Section 265 Cr. P.C.
B. Section 387 Cr. PC.
C. Section 280 Cr. PC.
D. Section 278 Cr. P.C.
Ans: D
12. The word “may” in the Code indicates:
A. that the order for payment of costs is mandatory and the Court is not bound to exercise the power in trivial cases
B. that the order for payment of costs is inappropriate and the Court is not bound to exercise the power in trivial cases
C. that the order for payment of costs is discretionary and the Court is not bound to exercise the power in trivial cases
D. none of them
Ans: C
13. Under Section 161 Cr. P.C., a police officer making an investigation:
A. can examine the person acquainted with facts of the case
B. can reduce the statement made by such person into writing
C. both (A) and (B)
D. none of them
Ans: C
14. Which of the following deals with the return of warrant on execution of sentence?
A. Section 190 Cr. P.C.
B. Section 287 Cr. P.C.
C. Section 102 Cr. P.C.
D. Section 430 Cr. PC.
Ans: D
15. Which of the following sentences the Court of a Magistrate of the first class can pass under Section 29(2) Cr. PC.?
A. a sentence of imprisonment or a term not exceeding three years, or of fine not exceeding five thousand rupees
B. a sentence of imprisonment or a term not exceeding four years, or of fine not exceeding six thousand rupees
C. a sentence of imprisonment or a term not exceeding five years, or of fine not exceeding seven thousand rupees
D. a sentence of imprisonment or a term not exceeding six years, or of fine not exceeding five thousand rupees
Ans: A
16. Provision to record remarks respecting demeanor of witness whilst under examination whose evidence has been recorded by a presiding Judge or Magistrate is given in:
A. Section 265 Cr. P.C.
B. Section 387 Cr. P.C.
C. Section 280 Cr. P.C.
D. Section 289 Cr. P.C.
Ans: C
17. “Minor” means:
A. a person who, under the provisions of the Indian Majority Act, 1865 is deemed not to have attained his majority.
B. a person who, under the provisions of the Indian Majority Act, 1875 is deemed not to have attained his majority.
C. a person who, under the provisions of the Indian Majority Act, 1885 is deemed not to have attained his majority.
D. a person who, under the provisions of the Indian Majority Act, 1895 is deemed not to have attained his majority.
Ans: B
18. Against what does Section 163 Cr. P.C. prohibits a police officer or a person in authority as mention in Section 24 of the Indian Evidence Act, from offering or making:
A. any inducement
B. threat
C. promise
D. all of them
Ans: D
19. Power to suspend or remit sentences is provisioned under:
A. Section 286 Cr. PC.
B. Section 432 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 289 Cr. P.C.
Ans: B
20. Which of the following is true of the sub-sections of Section 3 Cr. PC.?
I. the first two sub sections are concerned with references to the Magistrates and Courts in the present Code
II. the third sub-section substantially equates the present set-up with corresponding set-up in any enactment passed before the commencement of the Code
III. the first sub sections are concerned with references to the Magistrates and Courts in the present Code
IV. the second and third sub sections are concerned with references to the Magistrates and Courts in the present Code with references to the Magistrates and Courts in the present Code
A. I and III
B. II and IV
C. I and II
D. I, H, III, IV
Ans: C
21. Procedure for summary trials is stated in:
A. Section 262 Cr. P.C.
B. Section 265 Cr. P.C.
C. Section 268 Cr. P.C.
D. Section 280 Cr. P.C.
Ans: A
22. F.I.R suggest that
A. it is the earliest and the first information of a cognizable offence prevented by an officer in charge of a police station
B. it is the earliest and the first information of a cognizable offence recorded by an officer in charge of a police station
C. it is the earliest and the first information of a cognizable offence committed by an officer in charge of a police station
D. none of them
Ans: B
23. What is the scope of Section 147 Cr. PC.?
A. it is not limited in its terms to easements, but relates to any dispute concerning the right of use of land or water
B. it does not enable a Magistrate to make a purely declaratory order
C. the jurisdiction of the Magistrate to act under this section ceases as soon as a competent Civil Court has adjudicated upon the matter in dispute
D. all of them
Ans: B
24. Which of the following deals with the direction of warrant for execution?
A. Section 419 Cr. P.C.
B. Section 287 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 289 Cr. P.C.
Ans: A
25. Which of the following Section 9 Cr. P.C. does not provide?
A. where the High Court has not appointed the Civil Judge as In charge, Sessions Judge cannot exercise his powers
B. there shall be only one place where the Sessions Judge should hold its sitting
C. the Session Court can hold its sitting at such place or places as may be specified by the Court
D. all of them
Ans: B
26. Which of the following deals with the language of record and judgment?
A. Section 386 Cr. P.C.
B. Section 371 Cr. P.C.
C. Section 208 Cr. P.C.
D. Section 265 Cr. P.C.
Ans: B
27. “Guilty” means:
A. culpable; innocent; having not committed an offence
B. culpable; Criminal; having committed an offence
C. culpable; intention; having committed an offence
D. culpable; gambler; having committed an offence
Ans: B
28. Which of the following case fall under the category for police action of the preventive jurisdiction of the Code?
A. prevention of cognizable offences (ss. 149-151)
B. prevention of injury to public property (s. 152)
C. inspection of weights and measures (s. 153)
D. all of them
Ans: D
29. Which of the following deals with the warrant for levy of fine?
A. Section 300 Cr. P.C.
B. Section 287 Cr. P.C.
C. Section 421 Cr. P.C.
D. Section 300 Cr. P.C.
Ans: C
30. Order of issuance of process against the accused in a complaint case under section 204 of Cr PC, by the Magistrate:
(a) can be reviewed by the court issuing the summons
(b) cannot be reviewed by the Magistrate as under the Cr PC the Magistrate has no powers to review the order
(c) can only be revised by the Court of Sessions or the High Court
(d) both (b) & (c) are correct.
Ans. (a)
31. After dismissal of a complaint under section 203, a fresh similar complaint on the same facts:
(a) is banned
(b) is not banned but will be entertained only in exceptional circumstances
(c) in not banned and will be entertained in all circumstances
(d) either (a) or (c).
Ans. (b)
32. Committal proceedings under section 209 of Cr PC are in the nature of:
(a) aid in investigation
(b) inquiry
(c) trial
(d) either inquiry or trial.
Ans. (b)
33. Jurisdiction to grant bail under section 438 of Cr PC vests with:
(a) the Court of Magistrate
(b) the Court of Sessions
(c) the High Court
(d) the Court of Sessions and the High Court and not in the Court of Magistrate.
Ans. (d)
34. Under section 436 of Cr PC bail can be granted:
(a) by police
(b) by the Magistrate
(c) by the police as well as the Magistrate
(d) by the Magistrate only & not the police.
Ans. (c)
35. A person who is granted bail under section 436 Cr PC fails to comply with the conditions of time & place of attendance, on a subsequent occasion:
(a) again entitled to bail as a matter of right
(b) is not entitled to bail as a matter of right
(c) the court may refuse to release him on bail
(d) both (b) & (c).
Ans. (d)
36. Under section 437 Cr PC, on a mere fact that an accused person may be required for being identified by witnesses during investigation:
(a) bail can be refused
(b) bail cannot be refused
(c) bail should be refused
(d) bail can be & should be refused.
Ans. (b)
37. In a non-bailable offence triable by a Magistrate, application for bail under section 437 of Cr PC can be moved before the Court of:
(a) Magistrate competent to try & entertain the case
(b) Chief Judicial Magistrate or additional Chief Judicial Magistrate
(c) Court of Sessions
(d) Only (a) & (c).
Ans. (d)
38. Conditions on the release on bail can be imposed:
(a) in a bailable offence
(b) in all the non-bailable offences
(c) in non-bailable offences punishable with imprisonment may extend to seven years or more
(d) only in (b) & (c).
Ans. (d)
39. Any condition imposed by a Magistrate while releasing the accused in a non-bailable offence case can be set aside or modified:
(a) by the Magistrate himself
(b) by the Court of Sessions
(c) by the High Court
(d) all the above.
Ans. (d)
40. Under section 439 of Cr PC, the jurisdiction to cancel the bail vests with:
(a) the Court of Sessions
(b) the High Court
(c) the court of Magistrate
(d) only (a) & (b).
Ans. (d)
41. Under section 437 of Cr PC the jurisdiction to cancel the bail vests with:
(a) the Magistrate competent to try & entertain the offence
(b) the Magistrate where the Magistrate has not ordered the release on bail
(c) the Magistrate only where the Magistrate has ordered the release on bail
(d) all the above.
Ans. (c)
42. In a case of non-bailable offence, a bail granted by a Magistrate can be cancelled under section 437(5) of Cr PC:
(a) by the Magistrate granting the bail
(b) by the Court of Sessions
(c) by the High Court
(d) all of the above.
Ans. (d)
43. Bail amount fixed by the Magistrate can be:
(a) reduced by the Magistrate
(b) reduced by the Court of Sessions
(c) reduced by the High Court
(d) only (b) & (c).
Ans. (d)
44. Section 438 of Cr PC can be invoked:
(a) in cases of non-bailable offences
(b) in cases of bailable offence
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (a)
45. Cash in lieu of surety bond can be permitted by virtue of:
(a) section 441 of Cr PC
(b) section 442 of Cr PC
(c) section 445 of Cr PC
(d) section 444 of Cr PC.
Ans. (c)
46. For non-payment & non-recovery of penalty from the surety under the surety bond, the surety can be sentenced to:
(a) simple imprisonment only
(b) rigorous imprisonment only
(c) civil imprisonment only
(d) either (a) or (b) or (c).
Ans. (c)
47. Surety can be sentenced to civil imprisonment in default of payment of penalty under the surety bond for a maximum period of:
(a) six months
(b) three months
(c) two months
(d) one month.
Ans. (a)
48. Penalty under the surety bond:
(a) cannot be remitted
(b) can be remitted in full
(c) can be remitted in part only
(d) can be remitted in full or in part.
Ans. (d)
49. Propositions as regards the liability of the surety under the surety bond are:
I. The liability of the surety is mutually exclusive of the liability of the accused under his personal bond.
II. The liability of the surety is contingent on the liability of the accused under his personal bond the liability of the surety.
III. is limited to the amount of the surety bond.
Now which of the following is correct:
(a) I & III are correct
(b) I & II are correct
(c) II & III is correct
(d) I, II & III, all are correct.
Ans. (a)
50. The combined operation of Section 4(2) and 26 (b) is that:
A. the offence complained of should be investigated or inquired into or tried according to the provisions of the Code, where the enactment does not create any offence and indicates no special procedure
B. the offence complained of should be investigated or inquired into or tried according to the provisions of the Code, where the enactment which creates the offence indicates special procedure
C. the offence complained of should be investigated or inquired into or tried according to the provisions of the Code, where the enactment which creates the offence indicates no special procedure
D. the offence complained of should be investigated or inquired into or tried according to the provisions of the Code, where the enactment which does not create the offence indicates no special procedure
Ans. C
51. Section 125 Cr. P.C.:
A. is a measure for social justice and specially enacted to protect women and children (also, old and infirm poor parents) and falls within the constitutional sweep of Art. 15 (3) and Art. 39
B. gives effect to the natural and fundamental duty of a man to maintain his wife, children and parents so long as they are unable to maintain themselves
C. initiates provisions which apply and are enforceable whatever may be the personal law by which persons concerned are governed
D. all of them
Ans. D
52. Which of the following states when accused shall be discharged?
A. Section 239 Cr. P.C.
B. Section 264 Cr. P.C.
C. Section 337 Cr. P.C.
D. Section 258 Cr. P.C.
Ans. A
53. Which of the following deals with the disposal of case according to decision of High Court?
A. Section 290 Cr. P.C.
B. Section 394 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 396 Cr. P.C.
Ans. D
54. Under Section 320(1) Cr. P.C. for cheating by personation, which section of IPC is applicable?
A. 419
B. 413
C. 412
D. 414
Ans. A
55. Which of the following the word ‘any law’ in Section 4 (2) of the Cr. P.C. does not cover?
A. contempt of a kind punishable summarily by the District Court
B. contempt of a kind punishable summarily by the Supreme Court
C. contempt of a kind punishable summarily by the Session Court
D. contempt of a kind punishable summarily by the High Court
Ans. D
56. Which of the following is true of the right to receive maintenance under Section 125 Cr. P.C.?
A. it is purely a personal right created by an order of criminal Court
B. there is no charge created on property by the order for maintenance
C. the maintenance cannot be held to the alienable property
D. all of them
Ans. D
57. Which of the following deals with the framing of charge?
A. Section 235 Cr. P.C.
B. Section 240 Cr. P.C.
C. Section 237 Cr. P.C.
D. Section 258 Cr. P.C.
Ans. B
58. Which of the following deals with the calling for records to exercise powers of revision?
A. Section 397 Cr. P.C.
B. Section 394 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 222 Cr. P.C.
Ans. A
59. 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
60. Where no Juvenile Court has been constituted for any area, the powers of the Juvenile Court shall be exercised in that area by which of the following?
A. the District Magistrate
B. the sub-divisional Magistrate
C. any Metropolitan Magistrate or the Judicial Magistrate of the first class
D. all of them
Ans. D
61. What can a Magistrate do under Section 144 Cr. PC.?
A. he is entitled to make a restrictive order preventing a person from doing an act
B. he cannot make a mandatory order directing a person to do some act
C. it does not empower him to make a positive order requiring a person to do particular things; neither can he in the garb of a negative order ask the person to do certain things
D. all of them
Ans. D
62. Power to stop proceedings in certain cases is provisioned under:
A. Section 258 Cr. P.C.
B. Section 262 Cr. P.C.
C. Section 240 Cr. P.C.
D. Section 250 Cr. P.C.
Ans. A
63. Which of the following deals with the execution of order passed under Section 368 Cr. P.C.?
A. Section 290 Cr. P.C.
B. Section 394 Cr. P.C.
C. Section 413 Cr. P.C.
D. Section 222 Cr. P.C.
Ans. C
64. Rahul is accused of obstructing Sahil, a public servant, in the discharge of his public functions at a given time and place. Applying Section 213 Cr. P.C.:
A. the charge need not set out the manner in which Rahul obstructed Sahil in the discharge of his functions
B. the charge must set out the manner in which Rahul obstructed Sahil in the discharge of his functions
C. either (A) or (B)
D. none of them
Ans. B
65. Which of the following is true concerning the sentences which High Courts and Sessions Judges may pass under Section 28 Cr. PC.?
A. A High Court may pass any sentence authorised by law
B. A Session Judge or Additional Sessions Judge may pass any sentence authorised by law
C. An Assistant Sessions Judge may pass any sentence authorised by
D. All of them
Ans. A
66. What is the object of Section 144 A Cr. P.C.?
A. it seeks to enable the Police Commissioner to prohibit mass drill or training with arms in public places
B. it seeks to enable the Police Constable to prohibit mass drill or training with arms in public places
C. it seeks to enable the Government employee to prohibit mass drill or training with arms in public places
D. it seeks to enable the District Magistrate to prohibit mass drill or training with arms in public places
Ans. D
67. Power of court to convert summons-cases into warrant cases is provisioned under:
A. Section 302 Cr. P.C.
B. Section 259 Cr. P.C.
C. Section 301 Cr. P.C.
D. Section 322 Cr. P.C.
Ans. B
68. Which of the following deals with the execution of sentence of death passed by High Court?
A. Section 290 Cr. P.C.
B. Section 394 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 414 Cr. P.C.
Ans. D
69. Bobby is accused of the murder of Balram at a given time and place. Applying Section 213 Cr. P.C.:
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
70. Which of the following is true concerning the adequacy of the sentence?
A. it should neither too severe nor too lenient
B. the Court must keep the motive and magnitude of the offence in mind
C. the circumstances and the age and character (including antecedents) and station in life of the offender must be kept in mind
D. all of them
Ans. D
71. In case a civil suit in respect of same subject-matter is pending a Criminal Court is not barred from exercising jurisdiction under:
A. Section 140 and 146 Cr. P.C.
B. Section 143 and 146 Cr. P.C.
C. Section 145 and 146 Cr. P.C.
D. Section 147 and 146 Cr. P.C.
Ans. C
72. Power to try summarily is provisioned under:
A. Section 262 Cr. P.C.
B. Section 304 Cr. P.C.
C. Section 260 Cr. P.C.
D. Section 201 Cr. P.C.
Ans. C
73. Which of the following deals with the postponement of execution of sentence of death in case of appeal to Supreme Court?
A. Section 415 Cr. P.C.
B. Section 394 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 222 Cr. P.C.
Ans. A
74. Which of the following is false of sub-section (3) of Section 85 Cr. PC.?
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
75. Section 3 Cr. P.C. is the result of which of the following?
A. natural separation of the judiciary from the executive and allocations of the functions between the Executive Magistrate and the Judicial Magistrates made in Chapter II of the Code
B. the set-up of the Magistracy under different names for different areas
C. the introduction of the section to explain the corresponding Magistrates for each area
D. all of them
Ans. A
76. In which of the following case Section 145 Cr. P.C. does not apply?
A. when a party is in possession of a property in dispute
B. when two parties are in joint possession of the property in dispute, and both of them tries to evict each other, endangering public peace
C. when two parties are in joint possession of the property in dispute, and one of them tries to evict the other so as to endanger the public peace
D. none of them
Ans. C
77. Which of the following deals with summary trial by Magistrate of the second class?
A. Section 268 Cr. P.C.
B. Section 265 Cr. P.C.
C. Section 269 Cr. P.C.
D. Section 261 Cr. P.C.
Ans. D
78. Which of the following deals with the postponement of capital sentence on pregnant woman?
A. Section 290 Cr. P.C.
B. Section 416 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 222 Cr. P.C.
Ans. B
79. Where a substantive offence is committed by a person the proper procedure is to institute regular prosecutions against him and not to start proceedings u/s 107. This was held in which of the following case?
A. Jib Lal Gir v. Jogmohan Gir, (1899) 26 Cal 576
B. C.V. Krishnappa Shetty v. Karnatka 1979 Cr. LJ (NOC) 184.
C. Amit Pal Singh v. Anil Kumar Mishra, 1978 Cr LJ 1066
D. Brij Gpal Chaturvedi v Sateo/M.P. 1997 SCC Cr LJ 569.
Ans. B
80. What does sub-section (4) of Section 3 Cr. P.C. lays down?
A. divides the executive functions exercisable by the Magistrate under any law other than the Code
B. divides the functions exercisable by the Executive Magistrate only under the Code into judicial and administrative and entrusts exercise of these functions
C. divides the functions exercisable by the Magistrate under any law other than the Code into judicial and administrative or executive functions in cls. (a) and (b) and entrusts exercise of these functions respectively by the Judicial Magistrate and Executive Magistrate
D. none of them
Ans. C
81. In case if the Magistrate passes an order to attach the land in dispute if he considers the case to be of emergency and the attachment can continue until a competent Court decides the right of the parties for the possession thereof:
A. the Magistrate does not become functus officio after passing the order of attachment and he can proceed to decide the case u/s. 130 Cr. P.C.
B. the Magistrate does not become functus officio after passing the order of attachment and he can proceed to decide the case u/s. 135 Cr. P.C.
C. the Magistrate does not become functus officio after passing the order of attachment and he can proceed to decide the case u/s. 140 Cr. P.C.
D. the Magistrate does not become functus officio after passing the order of attachment and he can proceed to decide the case u/s. 145 Cr. P.C.
Ans. D
82. Procedure for summary trials is stated in:
A. Section 262 Cr. P.C.
B. Section 265 Cr. P.C.
C. Section 268 Cr. P.C.
D. Section 280 Cr. P.C.
Ans. A
83. Power to appoint place of imprisonment is provisioned under:
A. Section 286 Cr. P.C.
B. Section 287 Cr. P.C.
C. Section 417 Cr. P.C.
D. Section 289 Cr. P.C.
Ans. C
84. 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
85. Which of the following is true of the Sessions Judge?
A. He can issue general order which is permissible
B. He has the power to transfer a subsequent bail application pertaining to that session’s trial though he may have rejected the earlier bail application
C. He has the power of assigning any request application for disposal by an Additional Sessions Judge in the event of his absence or inability to act
D. All of them
Ans. D
86. When can the Court consider the necessity of sanction under Section 132 Cr. P.C.?
A. when from the evidence recorded in the proceedings or the circumstances of the case it is possible to hold either definitely that the alleged criminal conduct was committed or was probably committed in connection with action u/ss. 121 to 131 of the Code
B. when from the evidence recorded in the proceedings or the circumstances of the case it is possible to hold either definitely that the alleged criminal conduct was committed or was probably committed in connection with action u/ss. 129 to 131 of the Code
C. when from the evidence recorded in the proceedings or the circumstances of the case it is possible to hold either definitely that the alleged criminal conduct was committed or was probably committed in connection with action u/ss. 127 to 131 of the Code
D. none of them
Ans. B
87. Procedure where accused is not discharged is dealt with under:
A. Section 235 Cr. P.C.
B. Section 264 Cr. P.C.
C. Section 237 Cr. P.C.
D. Section 246 Cr. P.C.
Ans. D
88. Which of the following provides option of court to hear parties?
A. Section 290 Cr. PC,
B. Section 394 Cr. P.C.
C. Section 403 Cr. P.C.
D. Section 222 Cr. P.C.
Ans. C
89. Language and contents of judgment are covered under:
A. Section 286 Cr. P.C.
B. Section 387 Cr. P.C.
C. Section 354 Cr. P.C.
D. Section 289 Cr. P.C.
Ans. C
90. Section 12 Cr. P.C. provides for the appointment of:
I. Chief Judicial Magistrate
II. Additional Judicial Magistrate
III. Sub-divisional Magistrate
IV. Session Judge
A. I, II, III
B. II, III, IV
C. I, III, IV
D. I, II, III, IV
Ans. A
91. What kind of procedure does Section 134 Cr. P.C. lie down?
A. the procedure for the service of conditional order made u/s. 129 for the removal of nuisance
B. the procedure for the service of conditional order made u/s. 130 for the removal of nuisance
C. the procedure for the service of conditional order made u/s. 133 for the removal of nuisance
D. the procedure for the service of conditional order made u/s. 135 for the removal of nuisance
Ans. C
92. Which of the following deals with the application of Section 243 Cr. P.C. concerning the evidence of the defence?
A. Section 247 Cr. P.C.
B. Section 264 Cr. P.C.
C. Section 237 Cr. P.C.
D. Section 242 Cr. P.C.
Ans. A
93. Which of the following section deals with the submission of the record of the statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court?
A. Section 290 Cr. P.C.
B. Section 394 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 404 Cr. P.C.
Ans. D
94. 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. Jagdish 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 Uttar Pradesh, 1995 Cr LJ 2353 (All)
D. Indira v. Dr. Vasantha, 1991 Cr LJ 1798 (Mad)
Ans. B
95. On request made by the Central or the State Government, the High Court may confer:
A. upon any person who holds or has held any post under the Government or who possesses specified qualifications in relation to legal affairs
B. all or any powers of second class Judicial Magistrates in respect of particular cases, particular classes of cases or cases generally.
C. the appointment shall not exceed a period of one year at a time.
D. all of them
Ans. D
96. What alternatives under Section 135 Cr. P.C. does a person have who have been served with a notice?
A. he may carry out the order
B. he may show cause against the order
C. either (A) or (B)
D. none of them
Ans. C
97. Which of the following deals with the acquittal or conviction for cases under Chapter XIX of the Code?
A. Section 235 Cr. P.C.
B. Section 248 Cr. P.C.
C. Section 237 Cr. P.C.
D. Section 242 Cr. P.C.
Ans. B
98. Which of the following deals with the High Court’s order to be certified to lower court?
A. Section 405 Cr. P.C.
B. Section 394 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 222 Cr. P.C.
Ans. A
99. Non-bailable warrants should be issued to bring a person to the court when summons of bailable warrants would be likely to have the desired result. In which of the following case it is so?
A. it is reasonable to believe that the person will not voluntarily appear in the court
B. police authorities are unable to find the person to serve with a summons
C. it is considered that the person could harm someone if not placed into custody immediately
D. all of them
Ans. D
100. Section 13 (1) and Section 18(1) were held violative of which of the following article of the Constitution by the Madras High Court as they authorise the conferment of powers?
A. Article 12
B. Article 13
C. Article 14
D. Article 15
Ans. C
101. What are the requirements of Section 137 Cr. P.C. under which a Magistrate’s jurisdiction to continue the proceeding ceases?
A. the party against whom provisional order has been made shall appear before the Magistrate and deny the existence of the public right in question
B. the party shall produce some reliable evidence e.g. record of rights or settlement officer’s receipt
C. the party will produce evidence which shall be legal evidence and shall support the denial
D. all of them
Ans. D
102. Which of the following deals with the absence of complainant?
A. Section 235 Cr. P.C.
B. Section 264 Cr. P.C.
C. Section 249 Cr. P.C.
D. Section 242 Cr. P.C.
Ans. C
103. Power of Supreme Court to transfer cases and appeals is provisioned under:
A. Section 290 Cr. P.C.
B. Section 406 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 222 Cr. P.C.
Ans. B
104. Where the wife had no independent income for her and her child’s support or for litigation, it was held under which of the following cases that her right to maintenance included the child’s right also. It was not material that his name did not appear as that of a petitioner.
A. Bashran v. Nathu (1960) Raj 293
B. Arun Kumar Nayaj v. Urmila Jena AIR 2010 NOC 718 (Ori)
C. Gokul Bihari Naik v. Pantish Kumar Niak 1995 Cr LJ 861 (Ori)
D. CK Abdulla v. Ayisha ALR 2007 NOC 2059 (Ker— DB)
Ans. A
105. The Chief Judicial Magistrate is competent to take cognizance of any offence:
A. committed anywhere in his district
B. committed within the limits of the area assigned to a subordinate Judicial Magistrate
C. both of them
D. none of them
Ans. C
106. What must a Magistrate do in case his jurisdiction to continue the proceeding ceases under Section 137 Cr. PC.?
A. he must leave the matter for the Civil Court
B. he is not to weigh the evidence for the purpose of arriving at any definite conclusion regarding the truth or otherwise of the denial
C. both (A) and (B)
D. none of the above
Ans. D
107. Which of the following deals with the compensation for accusation without reasonable cause?
A. Section 235 Cr. P.C.
B. Section 264 Cr. P.C.
C. Section 237 Cr. P.C.
D. Section 250 Cr. P.C.
Ans. D
108. Power of High Court to transfer cases and appeals is provisioned under:
A. Section 290 Cr. P.C.
B. Section 394 Cr. P.C.
C. Section 407 Cr. P.C.
D. Section 222 Cr. P.C.
Ans. C
109. Which of the following deals with the procedure where Court considers that case should not be dealt with under Section 345 Cr. PC.?
A. Section 339 Cr. P.C.
B. Section 287 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 346 Cr. P.C.
Ans. D
110. Section 14 and 15 Cr. P.C. provides for which of the following?
A. the authority to take cognizance of any offence committed anywhere within the limits of an area assigned to a subordinate Judicial Magistrate
B. to appoint Chief Public Prosecutor
C. to appoint Assistant Public Prosecutor
D. both (B) and (C)
Ans. A
112. The Magistrate for the purposes of an inquiry under Section 137 or Section 138 Cr. PC.:
A. direct a local investigation to be made by such person as he thinks fit
B. summon and examine an expert
C. either (A) or (B)
D. none of them
Ans. C
113. Which of the following deals with the substance of accusation to be stated?
A. Section 252 Cr. P.C.
B. Section 251 Cr. P.C.
C. Section 152 Cr. P.C.
D. Section 249 Cr. P.C.
Ans. B
114. Power of Sessions Judge to transfer cases and appeals is provisioned under:
A. Section 290 Cr. P.C.
B. Section 394 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 408 Cr. P.C.
Ans. D
115. Section 125 of Cr. P.C. remains applicable as long as there is no divorce. The fact of divorce would have to be strictly proved to invite the application of the 1986 Act. This was held in:
A. Md. Zakir Hussian v. State of Bihar, AIR 2009 NOC (Pat.)
B. Sayeed Khan Faujdar Khan v. Zaheba Begum, AIR 2006 Bom 39: (2006) II DMC 294
C. Atasi Ray v. Sri Dipak Roy, AIR 2009 NOC 2011 (Cal.)
D. Iqbal Bano v. State of UP, AIR 2007 SC 2215: 2007) 6 SCC 785 : (2007) 3 Crimes 31.
Ans. A
116. All but one is true of Section 25 of Cr. PC.:
A. The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Court of Magistrates
B. The State Government shall appoint in every district one or more Public Prosecutors for conducting prosecutions in the Court of Magistrates
C. The State Government shall appoint in every district one or more Assistant Magistrates for conducting prosecutions in the Court of Magistrates
D. The State Government shall appoint in every district one or more Advocate General for conducting prosecutions in the Court of Magistrates
Ans. A
117. Which Section of Cr. P.C. controls in its effect Section 141 Cr. P.C.?
A. Section 129 Cr. P.C.
B. Section 133 Cr. P.C.
C. Section 137 Cr. P.C.
D. both (A) and (C)
Ans. B
118. Which of the following deals with the conviction on plea of guilty in absence of accused in petty cases?
A. Section 269 Cr. P.C.
B. Section 260 Cr. P.C.
C. Section 254 Cr. P.C.
D. Section 253 Cr. P.C.
Ans. D
119. Withdrawal of cases and appeals by Sessions Judges is provisioned under:
A. Section 313 Cr. P.C.
B. Section 287 Cr. P.C.
C. Section 409 Cr. P.C.
D. Section 289 Cr. P.C.
Ans. C
120. The Code under Section 82 Cr. P.C. provides ample powers to execute a warrant. However if the warrant remains unexecuted, the remedy is:
A. issuing a proclamation
B. attachment and sale of property (S. 83 Cr. P.C.)
C. both (A) and (B)
D. none of them
Ans. C
121. Under which criteria a police officer cannot be appointed as an Assistant Public Prosecutor as per Section 25?
A. The police officer should not fall in the category of sub-section (1 A) of Section 25 Cr. P.C..
B. The police officer has been a part of the investigation of the offence in any way
C. The police officer is below the rank of an Inspector
D. both (B) and (C)
Ans. D
122. An order u/s. 144 Cr. P.C. is:
A. administrative in nature
B. not judicial or quasi – judicial
C. amenable to writ jurisdiction if it violates the fundamental rights
D. all of them
Ans. D
123. Procedure when not convicted is stated in:
A. Section 254 Cr. P.C.
B. Section 256 Cr. P.C.
C. Section 252 Cr. P.C.
D. Section 240 Cr. P.C.
Ans. A
124. Withdrawal of cases by Judicial Magistrates is provisioned under:
A. Section 286 Cr. P.C.
B. Section 528 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 410 Cr. P.C.
Ans. D
125. Of the three clauses of sub-section (2) (i) of Section 82 Cr. P.C.:
A. clause a and c are conjunctive and clause b is not disconjunctive
B. clause b and c are conjunctive and clause a is not disconjunctive
C. clause a and b are conjunctive and clause c is not disconjunctive
D. clause a, b and c are conjunctive and not disconjunctive
Ans. D
126. Which of the following can try an offence under the Indian Penal Code (45 of 1860)?
A. the High Court
B. the Court of Session
C. any Court by which such offence is shown in the First Schedule to be triable
D. all of them
Ans. D
127. The validity of the order u/s. 144 Cr. P.C. is:
A. two months
B. three months
C. four months
D. five months
Ans. A
128. Which of the following deals with non-appearance or death of complainant?
A. Section 288 Cr. P.C.
B. Section 270 Cr. P.C.
C. Section 256 Cr. P.C.
D. Section 260 Cr. P.C.
Ans. C
129. Making over or withdrawal of cases by Executive Magistrates is Covered under:
A. Section 411 Cr. P.C.
B. Section 287 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 432 Cr. P.C.
Ans. A
130. Which of the following is false of sub-section (3) of Section 82 Cr. P.C.?
A. it does not override the requirements of the Evidence Act
B. it does not make the proclamation evidence that the warrant has been issued
C. it merely deals with the proclamation itself and the mode of publishing it
D. it makes proclamation equivalent to notice to the public of its contents
Ans. D
131. What is the criminal jurisprudence of the country under which The Code of Criminal Procedure confers on to the hierarchy of courts specific powers to deal with matter as may seem to be just and proper?
A. discretionary powers have to be exercised in a consistent manner with the known principles of law and not otherwise
B. a person is innocent and the burden rests on the prosecution to prove beyond all reasonable doubts as regards the guilt of the accused persons
C. there is no scope of arbitrary exercise of powers because they are circumscribed and have to be exercised in accordance with the provisions of the law and not dehors the same
D. all of them
Ans. B
132. In which of the following cases directions can be specifically given u/s. 144 Cr. P.C.?
A. obstruction, annoyance or injury to any person lawfully employed
B. danger to human life, health or safety
C. disturbance of the public tranquility, or a riot or an affray
D. all of them
Ans. D
133. Which of the following deals with the withdrawal of complaint of a case falling under Chapter XX of the Code?
A. Section 223 Cr. P.C.
B. Section 259 Cr. P.C.
C. Section 254 Cr. P.C.
D. Section 257 Cr. P.C.
Ans. D
134. Reasons to be recorded for making an order under ss. 408, 409, 410 and 411 Cr. P.C. is instructed in:
A. Section 286 Cr. P.C.
B. Section 412 Cr. P.C.
C. Section 388 Cr. P.C.
D. Section 289 Cr. P.C.
Ans. B
135. Power to order costs is provisioned under:
A. Section 339 Cr. P.C.
B. Section 287 Cr. P.C.
C. Section 388 Cr. PC.
D. Section 342 Cr. P.C.
Ans. D
136. Section 22 Cr. P.C. confers that:
A. a Magistrate appointed to act as a Magistrate has, unless his powers have been restricted to a certain local area, jurisdiction over the entire district
B. a police officer cannot be appointed to act as a Magistrate
C. both (A) and (B)
D. none of them
Ans. A
137. In what which way Section 157 Cr. P.C. provides safeguards for rape victims?
A. the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice
B. the recording of statement as far as practicable must be conducted by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality
C. both (A) and (B)
D. none of them
Ans. C
138. Matters concerning the use of language by a witness for the record of the evidence is given in:
A. Section 265 Cr. P.C.
B. Section 387 Cr. P.C.
C. Section 277 Cr. P.C.
D. Section 289 Cr. P.C.
Ans. C
139. Which of the following deals with the period of detention undergone by the accused to be set off against the sentence of imprisonment?
A. Section 286 Cr. P.C.
B. Section 428 Cr. P.C.
C. Section 588 Cr. P.C.
D. Section 289 Cr. P.C.
Ans. B
140. The case where enquiry on a complaint by the police was started u/s 107 Cr. P.C. without passing an order u/s. 111 Cr. P.C., it was held that the enquiry by the Magistrate was in contravention of law and was liable to be quashed.
A. Chit Narain v. Kedar nath 1972 Cr LJ 895
B. Bairage Charan v. State of Orissa, 1988 Cr LJ 286 (Ori)
C. Balkishun v. Munno Khan 1970 Cr LJ 586
D. Mathangi Salyanaraiyana v. Sate of A.P. (1996) Cr LJ 1809 (AP)
Ans. D
141. Section 23 Cr. P.C. confers that:
A. a District Magistrate has the power to transfer a case from the Court of one Executive Magistrate to that of another
B. an Executive Magistrate has the power to transfer a case from the Court of one Executive Magistrate to that of another
C. both (A) and (B)
D. none of them
Ans. A
142. In which way does Section 160 Cr. P.C. authorise a police officer?
A. to require before himself of any person (within certain limits), who appear to be acquainted with the circumstances of the case, but no male under fifteen years or woman shall be required to attend at any place other than the place in which such male or woman resides
B. to require before himself of any family member (within certain limits), who appear to be acquainted with the circumstances of the case
C. to require before himself of any person (of different locality), who appear to be acquainted with the circumstances of the case
D. none of them
Ans. A
143. Procedure to be followed after the completion of the recording of the evidence is mentioned in:
A. Section 265 Cr. P.C.
B. Section 387 Cr. P.C.
C. Section 280 Cr. P.C.
D. Section 278 Cr. P.C.
Ans. D
144. Which of the following deals with saving?
A. Section 500 Cr. P.C.
B. Section 487 Cr. P.C.
C. Section 429 Cr. P.C.
D. Section 289 Cr. P.C.
Ans. C
145. Which of the following cases held that there is no conflict between sections 107 and 145 of Cr. P.C. The words in S.145 are mandatory, while the language of S.107 is discretionary.
A. Balajit Singh v. Bhoju Ghose (1907) 35 Cal 117.
B. Shama Charan Chakravarti v. Katu Mundal (1897) 24 Cal 344.
C. Kali Kissen Tagore v. Anund Chunder Roy (1896) 23 Cal 557
D. None of these
Ans. A
146. Which of the following is true of the Public Prosecutor?
A. he is not a protagonist of any party
B. he stands for the State in whose name all prosecution is conducted
C. he is not concerned with securing conviction or with satisfying departments of the State Government with which he has to be in contact
D. all of them
Ans. D
147. Under Section 161 Cr. P.C., a police officer making an investigation:
A. can examine the person acquainted with facts of the case
B. can reduce the statement made by such person into writing
C. both (A) and (B)
D. none of them
Ans. C
148. Provision of interpretation of evidence to accused or his pleader is given in:
A. Section 279 Cr. P.C.
B. Section 387 Cr. P.C.
C. Section 280 Cr. P.C.
D. Section 289 Cr. P.C.
Ans. A
149. Which of the following deals with the return of warrant on execution of sentence?
A. Section 190 Cr. PC.
B. Section 287 Cr. P.C.
C. Section 102 Cr. P.C.
D. Section 430 Cr. P.C.
Ans. D
150. With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there is not just or lawful ground for such proceeding, and also falsely accuses B of having committed an offence, knowing that there is no just or lawful ground for such charge. Applying Section 220 Cr. P.C.:
A. A may be separately charged with, and convicted of, two offense u/s. 208 of the Indian Penal Code (45 to 1860)
B. A may be separately charged with, and convicted of, two offense u/s. 209 of the Indian Penal Code (45 to 1860)
C. A may be separately charged with, and convicted of, two offense u/s. 210 of the Indian Penal Code (45 to 1860)
D. A may be separately charged with, and convicted of, two offense u/s. 211 of the Indian Penal Code (45 to 1860)
Ans. D