Criminal Procedure Code (CrPC) Part -2 Interview questions for PCS-J

Ans. The Supreme Court stated that the court handling a bounced cheque case is determined by the location where the cheque was dishonored by the bank. In simpler terms, if someone writes a cheque from their Mumbai bank account and it bounces, the case can only be filed in a Mumbai court where the bank is situated.

On September 22, 2015, the President of India issued a new ordinance, the Negotiable Instruments (Amendment) Second Ordinance, 2015. It is considered effective from June 15, 2015, the same date as the first ordinance. This ensures a continuous effect from the initial ordinance on June 15, 2015. The new ordinance, issued on September 22, 2015, covers the period from August 31, 2015, to September 22, 2015, during which no ordinance was in operation.

Q. Government medical professional has issued a false death certificate, is sanction required to prosecute him?

Ans. No. In Subramanian Swamy v. Manmohan Singh and another (2012) 3 SCC 64, at paragraph-74, it has been held that the provisions dealing with Section 197 CrPC must be construed in such a manner as to advance the cause of honesty, justice and good governance. To quote: “74. … Public servants are treated as a special class of persons enjoying the said protection so that they can perform their duties without fear and favour and without threats of malicious prosecution.

However, the said protection against malicious prosecution which was extended in public interest cannot become a shield to protect corrupt officials. These provisions being exceptions to the equality provision of Article 14 are analogous to the provisions of protective discrimination and these protections must be construed very narrowly. These procedural provisions relating to sanction must be construed in such a manner as to advance the causes of honesty and justice and good governance as opposed to escalation of corruption.”

Q. What are the guidelines issued by Supreme Court in relation to Sec 156(3) is case of Priyanka Srivastav v. State of UP (19th March 2015)?

Ans. Supreme Court said that section 156(3) warrants application of judicial mind. A court of law is involved. It is not the police taking steps at the stage of Section 154 of the code. A litigant at his own whim cannot invoke the authority of the Magistrate. A principled and really grieved citizen with clean hands must have free access to invoke the said power. It protects the citizens but when pervert litigations takes this route to harass their fellows citizens, efforts are to be made to scuttle and curb the same.

In our considered opinion, a stage has come in this country where Section 156(3) Cr.P.C. applications are to be supported byan affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the Magistrate. That apart, in an appropriate case, the learned Magistrate would be well advised to verify the truth and also can verify the veracity of the allegations. This affidavit can make the applicant more responsible.

The warrant for giving a direction that an the application under Section 156(3) be supported by an affidavit so that the person making the application should be conscious and also endeavour to see that no false affidavit is made. It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law. This will deter him to casually invoke the authority of the Magistrate under Section 156(3). That apart, we have already stated that the veracity of the same can also be verified by the learned Magistrate, regard being had to the nature of allegations of the case. That apart, the learned Magistrate would also be aware of the delay in lodging of the FIR.

Q. In which section punishment for not registering FIR has been mentioned?

Ans. Sec 166A IPC.

Q. In which section punishment of police officer for wrongful arrest or detention has been written?

Ans. Section 358 CrPC, wrongful confinement Section 342 IPC, Section 220 IPC.

Q. What is the difference between confession and guilty plea?

Ans. People confess when they admit guilt during an investigation before charges are made. A judge or magistrate conducts this. Guilty pleas happen during the trial, after charges are framed. Whether they are accepted or not depends on the circumstances.

Q. What are the different limitations before taking cognizance?

Ans. Sections 195 to 199 provide exceptions to the usual rule that anyone aware of a crime can report it, even if they are not personally involved or affected by the offense.These sections impose limitations on the unfettered powers of Magistrates to take cognizance of offences under Sec. 190. Therefore, before the Magistrate takes cognizance under Sec. 190, he must examine the facts of the complaint before him and determine whether his power of taking cognizance under Sec. 190 has or has not been taken away byany of the clauses of Secs. 195-199. Some other limitation are imposed by chapter 36, section 467-472 Cr.P.C. The new Code introduced this chapter to set specific time limits for recognizing offenses, considering the seriousness of each offense.