R.J.S. Main Examination solved paper of the last or previous year’s . Practice with this sample paper to familiarize yourself with the exam pattern, gain valuable insights, and enhance your preparation for the upcoming R.J.S. Main Examination.
Q.1. When an accused can be discharged by a Magistrate?
Ans. In a warrant case instituted on a police report, if, upon considering the police report and the documents sent with it under Section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.
In a warrant case instituted otherwise than on a police report, if, upon taking all the evidence referred to in Section 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.
Nothing in Section 245 shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless. [Sections 239 and 245 Cr.P.C., 1973]
In summons cases there is no provision of such discharge.
Q.2. When and how an accused who is not present before the Magistrate can be convicted in petty cases on plea of guilty?
Ans. Where a special summons has been issued under Section 206 and the accused desires to plead guilty to the charge without appearing before the Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and also the amount of fine specified in the summons.
The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards that fine, or where a pleader authorised by the accused in this behalf pleads guilty on behalf the accused, the Magistrate shall record the plea as nearly as possible in the words used by the pleader and may, in his discretion, convict the accused on such plea and sentence him as aforesaid. [Section 253, Cr.P.C., 1973]
Note:—To better understand this questionnaire deeply, the candidates are advised to study Sections 206 and 260 of the Criminal Procedure Code, 1973.
Q.3. What do you understand by “Local Jurisdiction”?
Ans. “Local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of his powers under the Criminal Procedure Code, 1973 and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify. [Section 2(j), Cr.P.C., 1973]
Q.4. Whether the State Government can file appeal against the order of acquittal?
Ans. The State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Courts from an original or appellate order of an acquittal passed by any Court other than a High Court (not being an order passed by the District Magistrate in any case directing the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate) or an order of acquittal passed by the Court of Session in revision.
The State Government may direct to present an appeal to the High Court against any order of acquittal passed by the Sessions Court, Additional Sessions Court and Assistant Sessions Court. [Section 378, Cr.P.C., 1973]
Q.5. “X” holds “Y” down, and fraudulently without the consent of “Y” takes away his precious wrist watch and in order to commit this theft, “X” also voluntarily causes wrongful restraint to “Y”. What offence “X” has committed?
Ans. “X” has committed the offence of “robbery” defined under Section 390, I.P.C., 1860, which is punishable under Section 392, I.P.C.
Here, “X” had committed theft and for committing the theft, he voluntarily caught hold of “Y” and caused his wrongful restraint. Therefore, such theft becomes the offence of “robbery”.
Q.6. To support a suit under Order 37 of the Code of Civil Procedure, “B” makes a false entry in his books of account. What offence under Indian Penal Code, 1860 he has committed?
Ans. “B” makes a false entry in his books of account with intention to use it in the Court in the form of a corroborative evidence. Hence, “B” has fabricated false evidence. He prepared this false entry for using it in the Court in the form of a corroborative evidence. The reason for preparing this false entry was that the Court should entertain an erroneous opinion relating to this entry touching any point material to the result. [Section 192, I.P.C. 1860]
Q.7. What do you understand by “Counterfeit”?
Ans. A person is said to “counterfeit” who causes one thing to resemble another thing intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.
It is worthy that it is not essential to counterfeiting that the imitation should be exact.
When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of the resemblance to practise deception or knew it to be likely that deception would thereby be practised. [Section 28, I.P.C., 1860]
Q.8. What is a “Leading Question”?
Ans. Any question suggesting the answer which the person putting it wishes or expects to receive, is called a “Leading Question”.
Leading questions must not, if objected by adverse party, be asked in examination- in-chief and re-examination, except with permission of the Court.
Leading questions may be asked in cross-examination. [Sections 141,142 and 143, Indian Evidence Act, 1872]
Q.9. What are the “Public Documents” as defined under Indian Evidence Act, 1872?
Ans. The following documents are public documents:—
(1) Documents forming the acts, or records of the acts—
(i) of the sovereign authority,
(ii) of official bodies and tribunals, and
(iii) of public officers, legislative, judicial and executive, of any part of India of or the Commonwealth or of a foreign country;
(2) public records kept in any State of private documents [Section 74]
Q.10. When the opinion as to electronic signature is relevant?
Ans. When the Court has to form an opinion as to the electronic signature of any person, the opinion of the Certifying Authority which has issued the Electronic Signature Certificate is relevant. [Section 47-A, Indian Evidence Act, 1872]
Q.11. What are the contents of charge? What particulars as to time, place and person should be shown in the charge? Can the Court alter a charge once framed?
Ans. A Charge should contain the following particulars.—
(1) Particulars of the offence with which the accused is charged.
(2) Description of the commission of the offence should be mentioned by the specified name given to it by the law.
(3) When such specific name has not been given by the law, then the offence should be described and defined in such a way that the accused can be made known as to for which offence he has been charged.
(4) The law and section against which the offence is said to have been committed shall be mentioned in the charge.
(5) By the act or omission of the accused, every condition required by the law for constituting the offence, for framing the charge, is fulfilled.
(6) The charge shall be written in the language of the Court.
(7) In the charge, the date, time and place of the offence should be mentioned.
(8) In an offence relating to certain property, full description of the property should be described in the charge.
(9) The method of committing the offence should be described date, time and place- wise in the charge.
(10) In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.
(11) Name of the Court, name of the Presiding Officer, case number, name of the accused together with his or her father/husband’s name, caste, profession, residence and age etc. should be mentioned first of all in the charge.
(12) The charge should be read over and explained to the accused and thereafter his plea should be recorded by the Court.
Any error of the charge shall be regarded as material only when the accused was in fact misled by it and it has occasioned a failure of justice.
Any Court may alter any charge at any time before judgment is pronounced. [Sections 211 to 216, Cr.P.C. 1973]
Q.12. What are special provisions in the Indian Evidence Act, 1872 regarding admissibility of electronic record? In what circumstances, information contained in electronic record can be accepted in evidence in the proceedings before a Court? Discuss with reference to relevant provisions.
Ans. The contents of the electronic record may be proved according to the provisions of Section 65-B of the Indian Evidence Act, 1872, which are as under:—
(1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.
(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely —
(a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer;
(b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;
(c) throughout the material part of the said period, the computer was operating properly or, if not, then in any respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and
(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.
(3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in Clause (a) of sub-section (2) was regularly performed by computer, whether—
(a) by a combination of computers operating over that period ; or
(b) by different computers operating in succession over that period; or
(c) by different combinations of computers operating in succession over that period; or
(d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers, all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly.
(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say,—
(a) identifying the electronic record containing the statement and describing the manner in which it was produced;
(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer;
(c) dealing with any of the matters to which the conditions mentioned in subsection (2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.
Q.13. What are the conditions enumerated in proviso to Exception-1 of Section 300 of the Indian Penal Code 1860, subject to which defence can be set up by accused that he lost power of self-control due to grave and sudden provocation given by victim?
Ans. Five Exceptions have been provided under Section 300, Indian Penal Code, when culpable homicide is not murder. Its first exception is of ‘grave and sudden provocation’. The reason behind it is that sometimes the deceased creates such circumstances that the accused, in grave and sudden provocation, is deprived of the power of his self-control and forced to commit culpable homicide. Therefore, according to Exception 1 of Section 300, the offender is held liable only for the offence of culpable homicide and not for the offence of murder.
The following three provisos to this Exception of Section 300 are very important—
(i) Such provocation should not be voluntarily provoked by the offender; (See: K.M. Nanawati vs. State of Maharashtra, AIR 1962 SC 609).
(ii) The provocation is not given by anything done in obedience to the law, or by a public servant in lawful exercise of his powers; and
(iii) The provocation is not given by anything done in the lawful exercise of the right of private defence.
The aforesaid Exception can only be enforced when the following conditions are fulfilled—
(i) The provocation must be grave and sudden;
(ii) In consequence of the provocation, the accused is deprived of the power of his self-control; and
(iii) The accused causes death of the person giving him provocation or causes death of other person by mistake or accident.
Example.—When a husband sees his wife indulging in sexual intercourse with any other person, he is deprived of his self-control, and without thinking, he, by provocation, immediately causes death of his wife and her lover, then he is entitled to get benefit of Exception 1 of Section 300, IPC.
Q.14. Write a detailed note about the procedure given in the Code of Criminal Procedure, 1973 when investigation cannot be completed in 24 hours.
Ans. It is necessary to present the arrested person before the Magistrate within twenty four hours.
If investigation is not completed by the police officer within 24 hours, then he shall produce/transmit the person detained under police custody for obtaining remand before the nearest Magistrate. For police custody remand, the maximum period is fifteen days.
Keeping in view the facts and circumstances of the case, the Magistrate may order for police custody or judicial custody.
In case any Judicial Magistrate is not available to the police officer for obtaining the remand, then he may obtain the remand from an authorised Executive Magistrate.
No Magistrate shall authorise the detention of the accused person in custody for a total period exceeding (i) ninety days, where the investigation relates to an offence punishable with death, life imprisonent or imprisonment for a term not less than ten years; and (ii) sixty days, where the investigation relates to any other offence.
On the expiry of the aforesaid period, the accused person shall be released on bail if he is prepared and does furnish bail.
If the Judicial Magistrate of the Second Class has been duly authorised by the High Court, he may order for police custody remand.
The maximum period which can be authorised at one time by the Magistrate for judicial custody remand is fifteen days.
When once the accused person has been sent to judicial custody, then, thereafter he shall not be sent again to police custody.
On the day when the accused person is produced before the Magistrate/Court, his period of custody shall be counted from its next day.
During continuance of the investigation, the accused person shall be presented/produced/transmitted before the Magistrate in person for obtaining remand for custody.
For the first time the accused person shall be produced before the Magistrate/Court in person. But, for the next time, the Magistrate/Court may order for production of the accused person through the medium of electronic video linkage, which is discretionary power of the Magistrate/Court. [Sections .57 and 167, Cr.P.C., 1973]
Q.15. On Vijaypath, at about 09.30 AM of 15.09.2015, motorcycle of “R” had a collision with the car of “S”. “S” gave a slap to “R” and also abused him. On being abused by “S”, “R” under grave provocation picks up a sharp heavy iron blade lying on road and tries to cause head injury to “S”, which could have caused death of “S”. “S” any how escapes himself from the iron blade blow. What offence “R” has committed? If “R” has committed any offence, frame a charge on basis of the given facts by treating yourself “P”, Additional Sessions Judge, Pali.
Ans. When “S” gave a slap to “R” and abused him, “R” was only effected by grave provocation. Since this occurrence does not relate to grave and “sudden” provocation, “R” is not entitled to get benefit of Exception I of Section 300, Indian Penal Code, 1860. The Act of “R” is also not covered under the right of private defence of his person or property. Hence, “R” unlawfully attempted to cause injury to “S” on his head, which is a vital part of his body, by a sharp heavy iron blade (fatal object), which could have caused death of “S”. Keeping in view these facts and circumstances, “R” should be charged for the offence of attempt to murder of “S”, which is an offence punishable under Section 307, I.P.C.
On the facts enumerated in this question, the following charge is framed:—
Court of “P”, R.H.J.S., Additional Sessions Judge, Pali (Raj.)
Sessions case No……………. /2015.
State of Rajasthan vs. “R”
(Name of accused)
(1) I “P”, R.H.J.S„ Additional Sessions Judge, Pali, hereby charge you “R” (Name of the accused) son of “X”, aged 32 years, caste Chaudhary, occupation cultivation , resident of……….., District Pali, as under:—
(2) That you on or about 12th October, 2015, at 9 a.m. at……………………….. Chauraya (place), Jodhpur Road, Pali, attempted to cause injury to “S”, son “Y”, by caste Mali, resident of Veer Durga Dass Nagar, Pali, on his head (vital part of his body) by a sharp heavy iron blade (fatal object), which could have caused death of “S”, with such intention and under such circumstances that, if you by that act caused death of aforesaid “S”, you would have been guilty of murder, and thereby committed an offence punishable under Section 307, Indian Penal Code, and within my cognizance.
(3) And I hereby direct that you be tried by this Court on the aforesaid charge.
Sd/- “R” Sd/- “P”
(Signature of the accused) Additional Sessions Judge
(Seal of the Court.)
Q.16. Discuss the provision relating to “bail of juvenile” under Juvenile Justice (Care and Protection of Children) Act, 2000.
Ans. When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Juvenile Justice Board, such person shall, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person.
But such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person’s release would defeat the ends of justice, and the Juvenile Justice Board shall record the reasons for denying the bail and circumstances that led to such a decision.
When such person having been apprehended is not released on bail by the Officer-in- charge of the police Station, such officer shall cause the person to be kept in an observation home until the person can be brought before a Juvenile Justice Board.
When such person is not released on bail by the Juvenile Justice Board, it shall make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding the person, as may be specified in the order
When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Juvenile Justice Board for modification of the conditions of bail. [Section 12, Juvenile Justice (Care and Protection of Children) Act, 2015]
Q.17. Discuss the provisions of Negotiable Instruments Act, 1881 relating to presumption in favour of holder, defence which may not be allowed in any prosecution under Section 138 and the offences by companies.
Ans. It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque for the discharge, in whole or in part, of any debt or other liability.
It shall not be a defence in a prosecution of an offence under Section 138 that the drawer had no reason to believe when he issued the cheque that the cheque may be dishonoured on presentment for the reasons stated in that Section.
If the person committing an offence under Section 138 is a company, every person who, at the commission of the offence was in-charge of, and was responsible to the company for the conduct of its business, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
But the aforesaid person shall not be liable to punishment if he proves that the offence was committed without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence.
But where any offence under the Negotiable Instrument Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any negligence of any Director, Manager, Secretary or other officer of the company, then he shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. [Sections 139,140 and 141, Negotiable Instruments Act, 1881]
Q.18. Describe the powers and procedure given under The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 relating to removal of person likely to commit offence in any “Scheduled Area” or “Tribal Area”.
Ans. It has been enshrined under Section 10 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 that—
(1) Where the Special Court is satisfied, upon a complaint or a police report that a person is likely to commit an offence under Chapter II of this Act in any area included in “Scheduled areas” or “Tribal areas”, it may, by order in writing, direct such person to remove himself beyond the limits of such area, by such route and within such time as may be specified in the order, and not to return to that area from which he was directed to remove himself for such period, not exceeding three years, as may be specified in the order.
(2) The Special Court, shall, along with the order under sub-section (1), communicate to the person directed under that sub-section the grounds on which such order has been made.
(3) The Special Court may revoke or modify the order made under sub-section (1), for the reasons to be recorded in writing, on the representation made by the person against whom such order has been made or by any other person on his behalf within thirty days from the date of the order.
According to Section 11 of this Act, if a person to whom a direction has been issued to remove himself from any area—(a) fails to remove himself as directed; or (b) having so removed himself enters such area within the period specified in the order, otherwise than with the permission in writing of the Special Court, the Special Court may cause him to be arrested and removed in police custody to such place outside such area as the Special Court may specify.
The Special Court may, by order in writing, permit any person in respect of whom an order under-Section 10 has been made, to return to the area from which he was directed to remove himself for such temporary period and subject to such conditions as may be specified in such order and may require him to execute a bond with or without surety for the due observation of the conditions imposed.
The Special Court may at any time revoke any such permission.
Any person who, with such permission, returns to the area from which he was directed to remove himself shall observe the conditions imposed, and at the expiry of the temporary period for which he was permitted return, or on the revocation of such permission before the expiry of such temporary period, shall remove himself outside such area and shall not return thereto within the unexpired portion specified under Section 10 without a fresh permission.
Under Section 12 it has been provided that every person who has been ordered under Section 10, shall, if so required by the Special Court, allow his measurements and photographs to be taken by a police officer. If that person disobeys this order, he shall be liable to prosecution under Section 186, I.P.C.
As per Section 13 of this Act, any person contravening such order passed under Section 10, he shall be punishable with imprisonment upto one year and also fine.
Q.19. Explain the provisions relating to the following under General Rules (Criminal), 1980:—
(1)Process against Members of the Parliament and State Legislature.
Ans. Process against Members of the Parliament and State Legislature:—
No summons or process against a Member of Parliament or a Member of State Legislature shall be sent to the Presiding Officer of the House for service or execution. No such summons or other process shall be served on any member within the precincts of the House of which he is a Member. Summons addressed to a Member of the Parliament or a State Legislature should be sent directly to the Member concerned at his residence or at some other place. [Rule 12, General Rules (Criminal), 1980]
Upon institution of a case, an order-sheet in the prescribed form No. III shall be opened, wherein the following shall be recorded:—
A note of the date of each hearing, attendance of parties by name, the names of their pleaders appearing and the proceedings on that date and notes regarding every order passed on that date. An order, not being an order for adjournment or postponement, the reasons for which are required to be recorded at length shall not be written on the order- sheet but only note of the order and of the date on which it was made shall be entered on it. Every entry upon the order-sheet shall be made at the earliest opportunity and shall be signed by the Presiding Officer. Every order-sheet shall bear at its top the number and title of the case and all financial transactions relating to the case. [Rule 26, General Rules (Criminal), 1980]
Q.20. Who is a “child” in the Protection of Children from Sexual Offences Act, 2012? Discuss the provisions relating to aggravated sexual assault given in this Act.
Ans. “Child” means any person below the age of eighteen years. [Section 2(d), Protection of Children from Sexual Offences Act, 2012]
Aggravated sexual assault.—(a) Whoever, being a police officer, commits sexual assault on a child—
(i) within the limits of the Police Station or premises where he is appointed; or
(ii) in the premises of any station house whether or not situated in the Police Station to which he is appointed; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known as, or identified as a police officer; or
whoever, being a member of the armed forces or security forces, commits sexual assault on a child—
(i) within the limits of the area to which the person is deployed; or
(ii) in any areas under the command of the security or armed forces; or
(iii) in the course of his duties or otherwise; or
(iv) where he is known or identified as a member of the security or armed forces; or
(c) whoever being a public servant commits sexual assault on a child; or
(d) whoever being on the management or on the staff of a jail, or remand home or protection home or observation home, or other place of custody or care and protection established by or under any law for the time being in force commits sexual assault on a child being inmate of such jail or remand home or protection home or observation home or other place of custody or care and protection; or
(e) whoever being on the management or staff of a hospital, whether Government or private, commits sexual assault on a child in that hospital; or
(f) whoever being on the management or staff of an educational institution or religious institution, commits sexual assault on a child in that institution; or
(g) whoever commits gang sexual assault on a child, or
(h) whoever commits sexual assault on a child using deadly weapons, fire, heated substance or corrosive substance; or
(i) whoever commits sexual assault causing grievous hurt or causing bodily harm and injury or injury to the sexual organs of the child; or
(j) whoever commits sexual assault on a child, which—
(i) physically incapacitates the child or causes the child to become mentally ill as defined under Clause (1) of Section 2 of the Mental Health Act, 1987 or causes impairment of any kind so as to render the child unable to perform regular tasks, temporarily or permanently; or
(ii) inflicts the child with Human Immunodeficiency Virus or any other life threatening disease or infection which may either temporarily or permanently impair the child by rendering him physically incapacitated, or mentally ill to perform regular tasks; or
(k) whoever, taking advantage of a child’s mental or physical disability, commits sexual assault on the child; or
(l) whoever commits sexual assault on the child more than once or repeatedly; or
(m) whoever commits sexual assault on a child below twelve years; or
(n) whoever, being a relative of the child through blood or adoption or marriages or guardianship or in foster care, or having domestic relationship with a parent of the child, or who is living in the same or shared household with the child, commits sexual assault on such child; or
(o) whoever, being in the ownership or management or staff, of any institution providing services to the child, commits sexual assault on the child in such institution; or
(p) whoever, being in a position of trust or authority of a child, commits sexual assault on the child in an institution or home of the child or anywhere else; or
(q) whoever commits sexual assault on a child knowing the child is pregnant; or
(r) whoever commits sexual assault on a child and attempts to murder the child; or
(s) whoever commits sexual assault on a child in the course of communal or sectarian violence; or
(t) whoever commits sexual assault on a child and who has been previously convicted of having committed any offence under this Act or any sexual offence punishable under any other law for the time being in force; or
(u) whoever commits sexual assault on a child and makes the child to strip or parade naked in public, is said to commit aggravated sexual assault.
Punishment for aggravated sexual assault.—Whoever, commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine. [Sections 9 and 10, Protection of Children from Sexual Offences Act, 2012]
Q.21. With reference to the Narcotic Drugs and Psychotropic Substances Act, 1985 write short note on following:—
(1) Illicit traffic.
(2) Power of Court to release certain offenders on probation.
Ans. Illicit traffic:—
In relation to narcotic drugs and psychotropic substances, illicit traffic, means—
(i) cultivating any coca plant or gathering any portion of coca plant;
(ii) cultivating the opium poppy of any cannabis plant;
(iii) engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import inter-State, export inter-State, import into India, export from India or trans-shipment, of narcotic drugs or psychotropic substances;
(iv) dealing in any activities in narcotic drugs or psychotropic substances other than those referred to in sub-clauses (i) to (iii); or
(v) handling or letting out any premises for the carrying on of any of the activities referred to in sub-clauses (i) to (iv), other than those permitted under this Act, or any rule or order made, or any condition of any licence, term or authorisation issued, thereunder, and includes,—
(1) financing, directly or indirectly, any of the aforementioned activities;
(2) abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and
(3) harbouring persons engaged in any of the aforementioned activities. [Section 2(viii-a), Narcotic Drugs and Psychotropic Substances Act, 1985]
Power of Court to release certain offenders on probation:—
With reference to the Narcotic Drugs and Psychotropic Substances Act, 1985 regarding power of the Court to release certain offenders on probation, the law is that under Section 360, Cr.P.C. 1973 and Probation of Offenders Act, 1958, the offenders may be released on probation by the Courts only when such offender is under eighteen years of age or that the offence for which he is convicted is punishable only under Section 26 or 27.
It is noteworthy that Section 26 relates to the punishment for certain act by licensee or his servants and Section 27 is regarding punishment for consumption of any narcotic drug or psychotropic substance. Comparatively both these offences are not serious or heinous offences and they can be called petty offences. [Section 33, Narcotic Drugs and Psychotropic Substances Act, 1985]