Criminal Procedure Code- Interview Questions for civil judge

Ans. If an investigation by the police is ordered by a magistrate after he has taken cognizance then the investigation of the police is under 202 Cr.P.C. If the order for investigation is made before taking cognizance of examining the complaint. The investigation is under section 156 (3).

The investigation under 156 (3) is pre cognizance stage and the investigation under 202 is post cognizance stage.

Q. What is Cognizance?

Ans. Cognizance means Judicial notice.

Q. Whether a Court of Sessions has the power to take cognizance directly?

Ans. Generally, a court of session can take cognizance of an original case only when a case has been committed by a magistrate to it. Through Section 199 Cr.P.C empowers a session judge to take cognizance of an original case without it being committed to it under section 345 of the Cr.P.C the court of the session can take cognizance of a case without committing to it.

Q. What is Inquest Report?

Ans. The Inquest report is merely to ascertain whether a person has died under suspicious circumstances or unnatural death.

Q.What is the difference between S.209 & 323?

Ans. Sec. 209 of Cr.P.C authorizes the committing magistrate to admit a person to bail even though such a person may be in custody at the time of commitment of the case.

Section 323 of Cr. P.C. provides that when it appears to a magistrate that the case is one which ought to be tried by the court of session, he shall commit it to that court.

Q. What is a police report? Does it include a chargesheet & Final report?

Ans.A police report means a report forwarded by the police officer to a magistrate under section 173 (2) after the investigation of the case.

A report which has no evidence or sufficient ground against the accused under section 169 is called a final report and a report with the forwarding of the accused under section 170 that there is evidence justifying the sending up of the accused for trial is only a charge sheet.

Q. What is a protest Petition?

Ans. A petition against the decision of an Authority is called Protest Petition. Generally, when police file a closer report and if the informant/complaint does not agree then they file a protest petition.

Q. Which magistrate may direct a search in his presence?

Ans. Under section 103 any magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search.

Q. Charge framing comes under what stage of the criminal proceeding?

Ans. Sec 109 – 1st stage -> Commitment of case to a court of session.

Sec. 226-2nd stage -> Opening case for prosecution.

Sec. 228-3rd stage -> Framing of charge This is the third stage.

Q. What do you mean by Summons case & Warrant case?

Ans. A case relating to offences punishable with imprisonment of less than two years is a summons case and a case relating to an offence punishable with imprisonment for a period of more than two years is a warrant case.

Q. Whether the summons case may be converted into the warrant case?

Ans. Yes, summon cases may be converted into warrant cases.

Q. What is the purpose of Inquiry & Trial?

Ans. Inquiry is concerned with the result into discharge or committal for trial.

Trial is concerned with conviction or acquittal.

Q. What is the basic difference between a summons trial & warrant trial?

Ans. Generally, In summon trial the judge can take a plea of guilty forthwith.

In a warrant trial, generally judge do not take plea of guilty. Under Section 257 withdrawal may take place with the permission of the court.

In the summon trial evidence may be taken before framing of charge. In warrant trial, evidence may not be taken before framing of charge.

Q. What do you mean by session court?

Ans. Under Section 9 of the Cr.P.C the State Government shall establish a court of session for every Sessions division. Such court may pass any sentence authorized by law but sentence of death passed by any such judge shall be subject to confirmation by the High Court.

Q. Whether is there any provision for the compromise of criminal cases under Cr.P.C.?

Ans. Section 320 of Cr.P.C

Q. What is the difference between withdrawal & compromise?

Ans. Withdrawal is always with the consent of the court but in the case of compromise court’s permission is not always necessary.

Compromise necessarily ends in the acquittal of the accused but in case of withdrawal accused is discharged if withdrawal is made before a charge is framed.

Q. State the main features of the Plea- bargaining. How is it different from the compromise?

Ans. Plea bargaining applies to offences punisheble for a term not exceeding 7 years. It is not applicable to offences affecting the socio-economic condition of the country or has been committed against a woman or a child below the age of 14 years.

In plea bargaining accused brings a plea of guilt and no compensation is given to the parties. Though in compromise the accused shall be acquitted and compensation may be given to the parties.

Q. What is Summary Trial?

Ans. Summary trials are meant for the speedy disposal of petty cases by the abridged procedure. The provision concerning summary trial is given under sections 260 to 265 of Cr.P.C.

Q. Explain Section 311 Cr.P.C.

Ans. This section confers vast discretionary power to the court to summon any person as a witness or to examine any person already examined. This witness is called a “court witness” also.

Q. Explain Sec. 313 & its object? Whether an accused may be convicted on the basis of the statement under section 313?

Ans. Sec. 313 Cr.P.C. is the court’s power to call the accused and give him the opportunity to explain any circumstance appearing in the evidence against him.

No. The oath should be administered during this procedure.

The accused will be called by the court-after evidence of the prosecution witness but before evidence of the Defence witness.

The accused may not be convicted on the basis of the statement u/s 313 Cr.P.C.

Q. What is Section 319 Cr.P.C.?

Ans. This section enables a court to proceed against a person who is not accused but there is sufficient evidence against him is any inquiry or trial that he too had committed the offence together with the accused.

If such a person is not attending the court, he may be arrested or summoned.

Such a person may be detained by the court if required in case he is attending the court.

Q. Which section of Cr.PC deals with free legal aid? Under which provision of Cr.PC statement of witnesses is recorded?

Ans. The constitution of India provides the right to free legal aid for the concerned parties. It is important to see the accused must have appropriate means to engage a lawyer because it is essential for a fair trial. Conviction of the accused in a trial in which he was not provided legal aid shall violate Article 21 of the constitution of India.

Section 304 of Cr.P.C laid down the provision of legal aid to the accused.

Under Section 161 Cr.P.C. statement of witness are recorded by police

Q. Whether there is any provision for the Judicial Confession under Cr.P.C.? For recording the statement, what requirements are to be followed by the magistrate?

Ans. The section says that any police officer making any investigation may examine orally any person supposed to be acquainted with the facts and circumstances of the case. The police, officer may reduce into writing any statement made to him in the course of an examination and if he does so, be shall make a separate and true record of the statement of each person whose statement he records. The provision regarding judicial confession has been given under 164 of Cr.P.C.

Before recording any confession the magistrate shall explain to the person making it that he is not bound to make any confession and that if he does so it may be used as evidence against him.

Any such confession shall be recorded in the manner provided in section 281 of Cr.P.C. Difference between judicial confession and extra-judicial confession in the judicial confession chain is complete but such chain is not complete in extra-judicial confession made to any person

Q. Statement of witnesses is recorded by the police under what provision?

Ans. Statement of witnesses is recorded by police under section 161 Cr.P.C.

The section says that any police officer making any investigation may examine orally any person supposed to be acquainted with the facts and circumstances of the case. The police officer may reduce into writing any statement made to him in the course of an examination and if he does so he shall make a separate and two record of the statement of each person whose statement he records.

Q. What do you mean by ‘Remand’? What is the difference between Judicial Remand & Police Remand? What is its maximum period?

Ans. Remand means sending back a prisoner into custody to allow further inquiry or trial.

These are two types of remand-

Judicial Remand

2. Police Remand

When the accused is sent back to jail, it is called judicial remand while sending an accused person back to police custody for further inquiry is called police Remand.

The maximum period of police remand – 15 days. The maximum period of judicial remand is 60 to 90 days.

Q. What is a production warrant?

Ans. A production warrant is an order issued by a criminal court of law to produce a person before it in connection with a criminal proceeding pending against him.

Q. What is the provision for ‘Pardon’? what are its consequences?

Ans. The provisions of pardon have been under section 306-308 Cr.P.C. Pardon is granted with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence. The chief judicial Magistrate or a Metropolitan Magistrate at any stage of investigation or inquiry into or trial of the offence, may tender a pardon to person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence. Consequences of Pardon

1.Person shall be examined as witness.

2.Person shall who is already on bail, be detained in custody until the termination of the trial.

Q. Define ‘Charge’ and also mention its object; its alteration and modification and its impacts.

Ans. A charge is a notice or intimation to the accused drawn up according to a specific language of the law. In criminal cases giving precise information to the accused is necessary to prepare for his self-defense.

Under Section 216 court may alter the charge.

Any court may alter or add to any charge at any time before judgment is pronounced.

If, after the charge has been amended or added, the court thinks that it will not prejudice the accused in his defence or the prosecutor in the conduct of the case, it may proceed with the trial of the case as if the added charge was the original charge.

If, after the charge has been altered or amended, the court is of the opinion that the accused or the prosecutor may suffer by proceeding with the trial, it may either direct a new trial or adjourn the trial for a period as may be necessary for the accused to prepare his defence and the prosecutor to manage for his evidence.

Q. What is the difference between Sec. 205 & Sec. 317?

Ans. Section 205 of the Cr.P.C states that the magistrate may dispense with the personal attendance of the accused.

If a magistrate issued a summons at the first time of the process and sees reasons to do so he may dispense with the personal attendance of the accused and allow him to appear by his pleader.

Under 317 of the Cr.P.C says that the personal attendance of an accused can be dispensed with only when the inquiry or trial has begun.

Q. Where is the provision for separation of trial?

Ans. Section 218 of the Cr.P.C lays down that for every distinct offence there shall be a separate charge and it shall be tried separately.

Q. In which section of Cr.PC Provisions regarding the Prevention from apprehension of breach of peace have been given?

Ans. Section 144 Cr.P.C lays down. The provisions regarding the power to issue orders in urgent cases of nuisance or apprehended danger.

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