Q. Comment on Shah Bano’s case regarding the maintenance of a Muslim woman. What is the current legal position?

Ans. A Muslim wife is entitled to maintenance under section 125 Cr.P.C.

Q. Under what provision a High Court may exercise its inherent power?

Ans. The inherent power of the High Court can be invoked in three circumstances which are provided under section 482 of the Cr.P.C which are as under:

• To give effect to any order under this code
• To prevent the abuse of the process of any court or otherwise
• To secure the ends of justice

Q. What is the difference between Assistant Public Prosecutor & Additional Public Prosecutor?

Ans. Additional Public Prosecutor – A person shall be eligible to be appointed as an Additional Public prosecution, only if he has been in practice as an advocate for not less than seven years.

Assistant Public Prosecutor – State Government shall appointed in every district one or more Assistant Public Prosecutors. The central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case. For the appointment of App LLB degree is not required.

Q.  What is Sec. 25 A Cr.P.C.?

Ans. This section is inserted by Cr.P.C Amendment Act 2005 under this section State Government may appoint a Directorate of prosecution.

Q.  Explain Sec. 436 A Cr.P.C.?

Ans. Sec. 463 A, provides for the period for which an under-trial prisoner can be detained.

This section states that where a person has, during the period of investigation, inquiry, or trial under Cr.P.C. an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending upto one half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the court on his personal bond, with or without sureties.

Provided the court may order the detention of more than half of the maximum period of Punishment after reasons recorded in writing.

Q. Who is a Special Judge?

Ans. A judge appointed for a particular purpose is called Special Judge.

Q. What is Case Diary?

Ans. A case Diary is the record of proceedings of a day-to-day investigation conducted by a police officer.

This is not a substantial piece of evidence. It can only be used for contradicting and corroborating its maker.

Q. What is the difference between mere ‘Information’ & ‘Complaint’?

Ans. Complaints may make orally or written before the magistrate though the information may be given to the Police Officer.

Q. What is the difference between ‘Allegation’ and ‘Charge’?

Ans. Allegation means a formal accusation against somebody though a charge is a first notice to the prisoner of the matter wffffff he is accused. This is an accusation made against a person in respect of an offence alleged to have been committed by him.

Q. What is Sanction? Whether a public servant is prosecuted without Sanction? Refer to any leading case on this point.

Ans. Sanction is the satisfaction of the appropriate authority, appropriate authority must be satisfied that there is a Prima facie case for the prosecution. This is an executive function not Judicial.

In the case of Jaswant Singh vs. State of Punjab, it was held that no court can take cognizance of an offence without a Sanction previously obtained. If the court takes cognizance and proceeds with the trial, the proceeding is void. According to the criminal law amendment act 2013 under section 197 no sanction is required in case a public servant is accused of any offence under sections 166A.166B,354,354A,354B,354C,354D,370,375,376,376A,376C,376D or section 509 of IPC.

Q. Who is a Juvenile under Cr.P.C.? Is there any difference between Cr. P.C. & Juvenile Justice Act in this regard?

Ans. Under the Juvenile Justice Act 2000. Under section 2 (k) “juvenile” or “child” means a person who has not completed the eighteenth year of age; whereas section 27 of the Cr.P.C. provides the age of Sixteen years of age.

Q. Is there any provision related to Habeas Corpus under the Cr.P.C.?

Ans. No, But Sec. 97 Cr.P.C. is called Mini Habeas Corpus.

Q. What is the Solemn Affirmation (S.A) of the complainant and its witness?

Ans. Solemn affirmation is the formal declaration of the truth of a statement.

Q. What is the relation between Section 167 & S.309 Cr.P.C.?

Ans. After a charge sheet has been submitted the magistrate cannot pass remand order under section 167 before taking cognizance. Whereas after the charge sheet has been submitted Magistrate can pass an order of remand under section 309 Cr.P.C.

Q. Explain the meaning of Life Imprisonment?

Ans. The meaning of life imprisonment is imprisonment for whole life

Q. What are the Provisions of the confirmation of the death sentence?

Ans. Under section 366 Cr.P.C death sentence shall be confirmed by the High Court. Sec. 369 says that confirmation of the death sentence must be made by at least two judges.

Q.  Explain the Transfer of Criminal cases?

Ans. Sec. 406 Cr.P.C. talks about the power of the supreme court to transfer criminal cases and appeals. Under Section 407 High Court has the power to transfer the case. Sec. 408 talks about the power of session judges to transfer cases and appeals.

Q.  What are the objects of Cr.P.C?

Ans. The object of Criminal Law is to protect society against criminals and lawbreakers. A further purpose is to ensure a speedy and fair trial as well.

Q.  Explain Set Off in Criminal Matters.

Ans. Under section 428 Cr.P.C period of detention undergone by the accused during investigation, inquiry, or trial to set off against the sentence of imprisonment.

Q.WhetherRes judicata may be enforced on Bail?

Ans. No

Q.  Can a complaint be made orally?

Ans. Yes, Sec 2(d) says the complaint may be either oral or written.

Q. Whether the proceeding under section 144 Cr.P.C is a judicial proceeding or an Administrative Proceeding?

Ans. This proceeding is executing proceeding. this has been said in Ghulam Abbas vs. the State of U.P.

Q.   What is the difference between Section 157 and 173 of the Cr.P.C?

Ans. A Police report was sent by an officer in charge of a police station under 157 Cr.P.C before the investigation begins.

A police officer may investigate the case by the order of a magistrate under section 156 Cr.P.C Thereafter he submits a report under section 173 Cr.P.C

Q. What is the difference between a summoning case and a warrant case?

Ans. A case relating to an offence that is punishable for imprisonment for a term not exceeding two years is a summons case.

Warrant Case is a case relating to an offence punishable with death, imprisonment of life, and for a term exceeding 2 years is summons case.

Q. How many classes of criminal courts in India?

Ans.

(1)  High Court

(2)  Court constituted under other than this code

(3)  Court of Session

(4)  Judicial magistrate of 1st class and metropolitan magistrate

(5)  Judicial magistrate of 2nd class

(6)  Executive Magistrate

Q.  Under Which circumstances trial can be held in jail?

Ans. (1) Trial cannot be held in Jail unless and until the High Court orders by notification the trial of the particular accused person in Jail.

(2) Trial cannot be held in jail if the accused does not give their consent.

Q. Whether FIR may be deemed as dying declaration?

Ans. Yes-under section 32(1) of Indian evidence Act. When an injured lodges FIR and there after dies, the FIR will be held as dying declaration.

Q. If a person makes a slap on your face. Which offence committed by such offence?

Ans. Hurt

Q. Who appoints the Director of the prosecution?

Ans. The appointment of the Director of the prosecution is the subject of the State Government.

Q.What do you mean by the term “Arrest”?

Ans. The arrest is a legal process that takes way personal liberty otherwise recognized as a Fundamental right.

Q.  Who is authorized to arrest an offender?

Ans. Police, Magistrates, and private persons are authorized to arrest an offender.

Q. What is the territorial Jurisdiction of executing the warrant?

Ans. Under sections 77 and 78 a warrant of arrest may be executed at any place in India and outside this country.

Q. Can FIR be treated as substantive evidence?

Ans. No, FIR cannot be treated as substantive evidence.

Q. How doyou establish a relationship between section 157 of the India Evidence Act and FIR?

Ans. FIR can be used to corroborate the statement of information under Section 157 of the Indian Evidence Act

Q.  Where Police control room may be established by the state Government?

Ans. State Government shall establish a police control room

(a)In every district

(b)At the police Headquarters of each state.

Q. Under Section 41C Cr.P.c whether a private person may arrest only on suspicion?

Ans. A private individual cannot arrest on mere suspicion.

Q. How many types of process is given in Cr.P.C to compel the appearance of a person in court?

Ans. (1) Summons

         (2) Warrant of arrest

          (3) Proclamation and attachment

Q. What do you mean by the term “warrant of arrest”? Whether warrant of arrest may be issued orally?

Ans. The warrant is an order addressed to a person concerned directing him to arrest the accused and to produce him before the court. A warrant of arrest may not be made orally.

Q. Which Article of the constitution of India may be deemed as the principle of section 161(2) of Cr.P.C?

Ans. Article 20 (3) of the Constitution of India.

Q. What do you mean by the term “compelled testimony”?

Ans. This is a type of evidence that is obtained from physical thrusts or violence, psychic threats atmospheric pressure, and environmental Coercion.

Q. Can the former Statement of an accused before the police be used by the court for the purpose of contradicting him?

Ans. Such a Statement may not be proved by the Court under Section 162 of Cr.P.C

Q. Can it be said that S 162 is the controller of Sec. 165 of the Evidence Act?

Ans. Section 165 of IEA authorizes wide power of the Court to question a witness in order to secure the ends of Justice.

Q. What is the nature of proceeding under section 147 of Cr.P.C?

Ans. Quasi civil in nature.

Q. Differentiate between Section 133 and 147 Cr.P.C in one sentence.

Ans. Section 133 is of a remedial nature whereas Section 147 is preventive.

Q. What is the difference between Sections 145 and 147?

Ans. Section 145 relates to a case where there is a dispute with regard to land itself which is likely to result in a breach of peace. Whereas Section 147 deals with disputes regarding rights of user over the land.

Q. Orders passed under Sections 145, 146, and 147 are discretionary or Mandatory

Ans. Discretionary.

Q.The Provision under Section 154 of Cr.P.Cis mandatory and the concerned Police officer is duty bound to register the case, if an information disclosing commission of a cognizable offence In which case this statement has been given.

Ans. Ramesh Kumar v State (NCT) Delhi AIR 2006 SC and recently in the case of Lalita Kumari Vs State of UP.

Q. What is the effect of the telephonic message given to police about any offence?

Ans. Police may move to the scene of occurrence.

Q. Can a magistrate direct to register FIR while directing an investigation under Section 156(3)

Ans. No, the magistrate is not empowered to direct the registration of FIR.

Q. Which Court shall forward a copy of its finding and sentence to the District Magistrate?

Ans. The finding of the Court of Session and Chief Judicial Magistrate shall be forwarded to the District Magistrate within whose local jurisdiction the trial was held.

Q. If a Judge wrote the Judgment before it was delivered or pronounced. Can another Judge deliver it?

Ans. No, another Judge may not deliver such Judgment. Surendra Singh V state of UP (AIR1947 SC 194.)

Q. When Victim Compensation scheme came into force in India?

Ans. 31-12-2009.

Q. Under Section 366 of Cr.P.C a Jail Custody shall be awarded to the accused. Can it be said that this violates Article 20 of the Constitution?

Ans. This doesn’t violate the principle underlying Article 20 of the constitution of India because that custody may not have amountedto imprisonment. The purpose of this custody is to keep the accused safe and secure until the execution of the sentence of death.

Q.Whether Police Custody may be altered into Judicial custody?

Ans. Yes

Q. What is the maximum period of Judicial custody?

Ans. 90 days in warrant cases, and 60 days in Summons cases.

Q. What is the main purpose of a case diary?

Ans. The main purpose of the case diary is to assist the court in proceeding with the case.

Q. What do you mean by Retracted confession?

Ans. A confessional statement is made if made by a person on one occasion and if denied on another occasion, it is called retracted confession.

Q. What may be an acid test for the distinction between confession and admission?

Ans. If a conviction can be based on the statement alone, it is a confession but where some supplementary evidence is needed to authorize a conviction then it is an admission.

Q. What is the maximum period of police custody of an accused?

Ans. 15 days.

Q. A petition for maintenance under section 125 Cr.P.C has been filed though compromise has taken place between the parties. Determine the value of such petition under section 125 Cr.P.C.

Ans. A petition under section 125 shall be quashed.

Q. What do you mean by the term cognizance?

Ans. Cognizance means taking notice of an offence. It is a point when Court first takes Judicial Notice of an offence.

Q. Whether section 144 of Cr.Does P.C. apply in an emergency protective order or an emergency preventive order?

 Ans. In both

Q. An order passed under section 144 Cr.P.C is a restriction on the enjoyment of fundamental rights. What is your view?

Ans. No, because the restriction is reasonable

Q. Whether police can become part of the unlawful assembly?

Ans. Yes if police misobserve the situation and disturb the public tranquility then it is said that police itself is a part of unlawful assembly.

Q. Whether the concept is right to a speedy trial. Can be used before the police investigation

Ans. The right to a speedy trial is an inalienable right conferred by Article 21 of the constitution of India. Therefore, the concept of this right is applicable before a police investigation also.

Q. A police officer investigates a case under section 173(2). Whether such police officers may further investigate the case or fresh investigate the case or reinvestigate the case.

Ans. Such police officers may further investigate the case under Section 173 (8) of CR.P.C though not a fresh investigation or reinvestigation. K. Chandrasekher V state of Kerala 1998 SC.

Q. When did the seized article losses the evidentiary value?

Ans. If the seized article is not sealed then recovery of such article losses the evidentiary value.

Q.  What do you mean by the word “seizure”?

Ans. A seizure means taking of actual physical possession of some moveable property.

Q. How you judge section 107 Cr.P.C Whether it is preventive or punitive?

Ans. Section 107 Cr.P.C is preventive.

Q. A matter is pending under Section 107 of Cr.P.C. Whether a magistrate can take action under Section 145 Cr.P.C

Ans. No, Magistrate may not take action against this.

Q.  Whether a magistrate can take evidence under Section 202 before he initiates the proceeding under Section 107?

Ans. Yes, he can take such evidence.

Q. Define wife whether a lunatic wife may be deemed a wife in terms of section 125 of Cr.P.C

Ans. Wife is a female partner in a continuing marital relationship. Alunatic is wife for the purpose of S.125 of Cr.P.C.

Q. Can a wife claim maintenance under section 125 Cr.P.C during the pendency of the case under the Hindu Marriage Act?

Ans. No, she is not entitled to such a claim under section 125 Cr.P.C (G. Ramanathan V Revathy Madras HC 1989)

Q. If bail is granted by a police officer. Whether such bail can be canceled by the court of a magistrate.

Ans. The Court of Magistrates cannot cancel the bail. For the cancellation of the bail in such a situation, the powers of the High Court or Court of Session under S 439 will have to be invoked.

Q.  What do you mean by Jail appeal?

Ans. If the appellant is in Jail, then the courts send the order of appeal to the officer of Jail. Such an order is called a jail appeal.

Q. Which section contained the principle of set off?

Ans. Sec 428Cr.P.C

Q. Under which section of Cr.P.C, the court shall take cognizance of an offence punishable under section 498A of the IPC?

Ans. Under Section 198 of Cr.P.C

Q. Whether a charge may be framed in a warrant case or summon case or both?

 Ans. The charge has necessarily to be farmed in a warrant case when it appears to the magistrate that a prima facie case has been made out. But in the Summons case, it is not necessary to frame charges.

Q. How many offences of same kind within one year may be charged together?

Ans. Under section 219 of Cr.P.Cthree offences of same kind may be charged together.

Q. Whether the procedure of summary trial may be applied to the offences under special or local laws.

Ans. Yes, the summary trial may be applied for offences under special or local law which is punishable with imprisonment for a term not exceeding two years.

Q. Where is the origin of plea bargaining?

Ans. United states

Q. When the provision of plea bargaining added in Cr.PC?

Ans. July 2006

Q.Whether Judicial custody may be alerted into police custody?

Ans. No.* Read detailed Answers from IAS NEXT

Q. What is stalking?

Ans. 354D. of IPC Stalking—

(1)  Any man who—

(i)  follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or

(ii)monitors the woman by the use of the internet, email, or any other form of electronic communication, commits the offence of stalking:

Q. Which section of Cr.P.C. deals with the Test identification parade?

Ans. Section 54A Cr.P.C.

Q.  Define the term Victim?

Ans. section 2(wa) “victim” means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal heir]

Q. What is the punishment for non-attendance of witness in obedience to summons and what type of trial procedure was adopted?

Ans. Summary trials adopted in such

Cases and fines not exceeding one hundred rupees

Q. What are the rights of victims under the Cr.P.C.

Ans. Section 24 subsection 8 provision Section 357A,357B,357C,372 proviso

Q. Which provision of Cr.P.C deals with the delivery of persons to commanding officers who are tried by court-martial?

Ans. Section 475 of Cr.P.C.

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