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PART – ‘A’
Q.1. Define “document”.
Ans. “Document” denotes any matter expressed or described upon any substance by means of letters, figures or marks, intended to be or may be used as evidence in that matter. [Section 29, Indian Penal Code, 1860]
Q.2. ‘A’, an Indian citizen, commits a murder in Uganda. Where can he be tried?
Ans. If ‘A’, an Indian citizen, commits murder in Uganda (a place without and beyond India), he can be tried by an Indian Court. [Section 4, Indian Penal Code, I860]
Q.3. Whether right of private defence extends against a deadly assault when there is risk of harm to innocent person? If yes, when?
Ans. Yes, If it reasonably causes apprehension of death to defender that he cannot effectually exercise his right of private defence without risk of harm to an innocent person. [Section 106, Indian Penal Code, 1860]
Q.4. ‘A’, by putting ‘Z’ in fear of grievous hurt, dishonestly induces ‘Z’ to sign or affix his seal to a blank paper and deliver it to ‘A’. ‘Z’ signs and delivers the paper to ‘A1. What offence has been committed by ‘A’?
Ans. Since, the paper so signed may be converted into a valuable security, ‘A’ has committed an offence of extortion. [Section 383, Illustration (d), Indian Penal Code, 1860]
Q.5. What do you understand by an “interlocutory order”? Whether a revision can be filed against such order? Whether a revision can be filed against an order appointing a receiver?
Ans. An order, being passed during a judicial proceeding, not a final judgment, order or finding, is called “interlocutory order”. No revision lies against such order.
[Setion 397, Criminal Procedure Code, 1973]
Revision can be filed against an order appointing a receiver. [See: Bhura Ram etc. vs. State of Rajasthan, 2002 (1) CrLR (Raj.) 52]
Q.6. What is meant by “criminal intimidation”?
Ans. Whoever threatens another with any injury to his person, property or reputation, with intent to cause alarm to that person to do any act, which he is not legally bound to do or omit to do any act, which he is entitled to do, commits “criminal intimidation”. [Section 503, Indian Penal Code, 1860]
Q.7. ‘A’ kills a rabbit, whose price being Rs.15/- only. What offence has been committed by ‘A’?
Ans. If the rabbit in question belonging to public or any person, was intentionally or knowingly killed by ‘A’, he was committed offence of “mischief’. [Section 425, Indian Penal Code, 1860]
Q.8. ‘A’, a revenue office, tortures ‘Z’ in order to compel him to pay certain arrears of revenue. What offence has been committed by ‘A’?
Ans. ‘A’ has committed the offence of voluntarily causing hurt to ‘Z’ by forcefully compelling him to pay the arrears of land revenue. [Section 330, Illustration (c), Indian Penal Code, 1860]
Q.9. What is meant by “property mark”?
Ans. A mark used for denoting that moveable property belongs to a particular person is called a property mark. [Section 479, Indian Penal Code, 1860]
Q.10. What is the period of limitation if the offence is punishable with imprisonment for a term not exceeding one year? Whether it is applicable to economic offences?
Ans. Period of limitation is one year, if the offence is punishable with imprisonment for a term not exceeding one year. [Section 468 (2)(b), Criminal Procedure Code, 1973]
This provision shall not apply to certain economic offences. [Section 2 and Schedule, Economic Offences (Inapplicability of Limitation) Act, 1974]
Q.11. When oral admissions as to the contents of electronic records are relevant?
Ans. Oral admissions as to the contents of electronic records are not relevant, unless genuineness of electronic record produced is in question. [Section 22-A, Indian Evidence Act, 1872]
Q.12. ‘A’ sues ‘B’ for Rs.1,000/- and shows entries in his account-books showing ‘B’ to be indebted to him to this amount. Whether such entries are relevant and sufficient?
Ans. The entries are relevant, but not sufficient, without other evidence, to prove the debt. [Section 34, Illustration, Indian Evidence Act, 1872]
Q.13. Whether a Magistrate may suspend the sentence of a person, who has been sentenced to imprisonment for one year?
Ans. When the convicted person satisfies the convicting Court that he, being on bail, is sentenced to imprisonment not exceeding three years; and he intends to present an appeal. [Section 389, Criminal Procedure Code, 1973]
Q.14. Whether criminal proceedings may be initiated for the documents presented in a civil Court and the case is pending? Whether an investigating officer is entitled to take such document?
Ans. Whenever officer-in-charge of police station considers production of certain document necessary or desirable for investigation-purposes, he may issue written order to produce such document. [Section 91, Criminal Procedure Code, 1973]
Q.15. Whether there may be defamation of a deceased person? If yes, under what circumstances?
Ans. It may amount to defamation to impute anything to a deceased person, if the imputation would harm his reputation, if living, and is intended to be hurtful to the feelings of his family or near relatives. [Section 499, Explanation 1, Indian Penal Code, 1860]
Q.16. Define “facts in issue”. Differentiate it from “relevant facts”.
Ans. Expression “facts in issue” means and includes any fact from which the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows. Difference between fact in issue and relevant facts:—
Facts in issue are points in dispute before the Courts, on which right, liability, and disability of the parties depend. Whereas, all the facts are relevant, which are capable to provide reasonable presumptions about the facts in issue or disputed points.
It is necessary for the Courts to give findings on the facts in issue, whereas, it is not always necessary to effectively adjudicate all the relevant facts. [Section 3, Indian Evidence Act, 1872]
Q.17. What are different kinds of punishments according to the Indian Penal Code?
Ans. (1) Death sentence;
(3) Rigorous imprisonment, i.e., with hard labour;
(4) Simple imprisonment;
(5) Forfeiture of property; and
(6) Fine [Section 53, Indian Penal Code, 1860]
Q.18. Define “criminal conspiracy”.
Ans. When two or more persons agree to do, or cause to be done:
(1) an illegal act, or
(2) an act, which is not illegal, by illegal means,
Such an agreement is designated a “criminal conspiracy”.
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. [Section 120-A, Indian Penal Code, 1860]
Q.19. What do you understand by “wrongful gain” and “wrongful loss”?
Ans. “Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled.
“Wrongful loss” is loss by unlawful means of property to which the person losing is legally entitled. [Section 23, Indian Penal Code, 1860]
Q.20. What is the legal provision regarding the accused person to be a competent witness?
Ans. Any person accused of an offence before a criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial:
(a) he shall not be called as a witness except on his own request in writing;
(b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any person charged together with him at the same trial. [Section 315, Criminal Procedure Code, 1973]
Q.21. What is meant by “dying-declaration”? How and by whom it is recorded?
Ans. “Dying declaration” is a statement, which is made by a person as to the cause of his death or the circumstances of the transaction which resulted in his death, when the cause of death of that person comes into question.
Such statements are relevant whether the person who made them was or was not, at the time of making them, under the expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question.
Dying declarations can be made before any medical doctor, police officer or general person. But, comparatively more importance is given to a dying declaration recorded by a Judicial Magistrate.
So far as possible, the dying declarations should be recorded in the form of questions and answers.
A dying declaration cannot be rejected solely on the ground that it is verbal. [Section 32, Indian Evidence Act, 1872]
Q.22. What procedure will be followed when the person facing trial before a Court is of unsound mind?
Ans. If at the trial of any person before a Magistrate or Court of Session, it appears to him or it that such person is of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall, in the first instance, try the fact of such unsoundness and incapacity, and if the Magistrate or Court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case.
Whenever an inquiry or a trial is postponed, the Magistrate or Court, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial, and require the accused to appear or be brought before such Magistrate or Court.
If when the accused appears or is brought before the Magistrate or Court, he or it considers him capable of making his defence, the inquiry or trial shall proceed.
An accused may be acquitted on the ground of unsoundness of his mind. [Sections 328 to 334, Criminal Procedure Code, 19731
Q.23. What is the legal provision regarding compensation to persons groundlessly arrested?
Ans. A Magistrate may award compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses.
The compensation awarded may be recovered as if it were a fine, and, if it cannot be so recovered the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days, unless such sum is sooner paid. [Section 358, Criminal Procedure Code, 1973]
Q.24. What procedure will be followed by the Courts in case of insolvency or death of the surety or when a bond is forfeited?
Ans. When any surety to a bond becomes insolvent or dies or bond is forfeited, the Court by whose order such bond was taken, may order the person from whom such security was demanded to furnish fresh security according to directions of the original order. If such security is not furnished, such Court may proceed as if there had been a default in complying with such original order. [Section 447 read with Section 446, Criminal Procedure Code, 1973]
Q.25. If a person, with intent to causes death, causes death of person other than person whose death was intended, then, whether he can take this ground in his defence?
Ans. If a person with intent to cause death, causes death, committing culpable homicide of person other than person whose death was intended, then the culpable homicide committed by him will be of the same description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.
Keeping in view the aforesaid provision of law, causing death of other person than person whose death was intended, will not be a valid ground of defence. [Section 301, Indian Penal Code, 1860]
Q.26. What do you understand by “summary trial”? What offences may be tried summarily?
Ans. Competent Courts for summary trials:—
(1) Chief Judicial Magistrate;
(2) Metropolitan Magistrate;
(3) Magistrate of the first class, specially empowered by the High Court.
Offences, which may be tried in a summary way:—
(i) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years;
(ii) theft, under Section 379, Section 380 or Section 381, IPC, where the value of the property stolen does not exceed [two thousand rupees];
(iii) receiving or retaining stolen property, under Section 411, IPC, where the value of the property does not exceed [two thousand rupees];
(iv) assisting in the concealment or disposal of stolen property, under Section 414, IPC, where the value of such property does not exceed [two thousand rupees];
(v) offences under Sections 454 and 456, IPC,
(vi) insult with intent to provoke a breach of the peace, under Section 504; and [criminal intimidation punishable with imprisonment for a term which may extend to two years, or with fine, or with both], under Section 506, IPC;
(vii) abetment of any of the foregoing offences;
(viii) an attempt to commit any of the foregoing offences, when such attempt is an offences;
(ix) any offence constituted by an act in respect of which a complaint may be made under Section 20 of the Cattle Trespass Act, 1871.
When, in the course of summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed to re-hear, the case in the manner provided by this Code. [Section 260]
The High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any such offence. [Section 261]
Procedure for the trial of summons cases shall be followed.
No sentence of imprisonment exceeding three months shall be passed. [Section 262(2)]
Judgment: — In every case tried summarily, in which the accused does not plead guilty, the Magistrate shall record substance of evidence and a judgment containing brief reasons, which shall be written in the language of the Court. [Sections 260 to 265, Criminal Procedure Code, 1973]
Q.27. Describe inherent powers of the High Court.
Ans. The High Court may exercise its inherent powers in the following circumstances:
(1) to give effect to any order under the Code of Criminal Procedure;
(2) to prevent abuse of the process of any Court; or
(3) to secure the ends of justice.
If cognizance of a certain offence has been taken by the lower Courts against the accused in violation of the legal provisions, resulting a failure of justice, then the High Court is empowered to exercise its inherent powers.
In the same way, the High Court, while exercising its inherent powers, in order to prevent abuse of process of any Court, is empowered to dismiss the complaint. [Section 482, Criminal Procedure Code, 1973]
Q.28. What is meant by “burden of proof”? Explain its legal provisions.
Ans. Legal liability to prove the existence of a certain fact in the Court is called “burden of proof’. To establish a particular matter or fact is also known as burden of proof.
In the Indian Evidence Act, the following provisions have been enshrined regarding burden of proof:—
(i) Whoever desires any Court to give judgment as to any legal right or liability dependent on existence of facts which he assets, must prove them.
(ii) Burden of proof lies on that person who would fail if no evidence at all were given on either side.
(iii) Burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence.
(iv) Burden of proving any fact necessary to be proved for enabling any person to give evidence of any other fact is on the person who wishes to give such evidence.
(v) If the accused person brings his case within the general or special exceptions, the burden of proving his case will lie on him.
(vi) When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
(vii) When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it.
(viii) Whereas, when the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it. [Sections 101 to 108, Indian Evidence Act, 1872]
Q.29. What is difference between “common intention” and “common object”?
Ans. Common Intention:
1. There need not be an unlawful assembly.
2. For formation of common intention, one or more persons are sufficient.
3. Common intention, in itself, is not an offence.
4. Pre-meeting of minds and preplanning of thoughts are the sine qua non of the common intention.
5. If in furtherance of common intention, an offence is committed by one member, the co-accused person is also liable for the offence. [Section 34, Indian Penal Code, 1860]
1. There must be formation of an unlawful assembly in furtherance of common object.
2. For formation of common object, unlawful assembly of five or more persons is necessary.
3. To be a member of an unlawful assembly in prosecution of the common object, in itself, is an offence.
4. The assembly, which was not unlawful in the very beginning, may be unlawful afterwards. Pre-meeting of minds is not its essential ingredient.
5. If, in prosecution of the common object of an unlawful assembly, an offence is committed by one of its members, each member of such assembly is liable for that offence. [Section 141, Indian Penal Code, 1860]
Q.30. What do you mean by taking cognizance? Explain.
Ans. Taking cognizance of the offence means that the competent Magistrate thinks it necessary to commence the trial of an offence, which is pending before him.
According to Black’s Law Dictionary, Seventh Edition of 1999, at Page 253, cognizance means taking’ of judicial and authoritative notice of the offence. Taking cognizance denotes the right and power to try and determine the cases.
Under Section 190, CrPC, a Magistrate may take cognizance of any offence upon —
(a) receiving a complaint;
(b) Police report;
(c) information received from any person other than a police officer; or
(d) his own knowledge that offence has been committed.
When a Magistrate sends a case to a competent police officer for investigation or enquiry, he, on receiving a report or challan, may take cognizance and proceed for trial.
On a private complaint, on the basis of evidence, recorded according to law, if a Magistrate is satisfied, he can take cognizance.
When a Magistrate takes cognizance upon his own information, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired or tried by another Magistrate. If the accused person objects for it, the case shall be transferred to any other Magistrate, as may be specified by the Chief Judicial Magistrate.
Under Section 192, any Chief Judicial Magistrate may, after taking cognizance of the offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.
As per Section 193, no Court of Session shall take cognizance of any offence as an original Court unless the case is committed to it by the Magistrate. [Sections 190 to 193, Criminal Procedure Code, 1973]
Q.31. What is difference between “kidnapping” and “abduction”.
1. Kidnapping is of two types namely, (i) from India; and (ii) from lawful guardianship
2. This offence is against the lawful guardianship of the lawful guardian.
3. Kidnapper’s intention has negligible importance.
4. Kidnapping is ordinarily committed by means of enticing or taking away.
5. It is completed at once.
6. Kidnapped person’s consent is immaterial.
1. Abduction has no kind.
2. This offence is against the abducted person him/herself.
3. Abductor’s intention has very much importance.
4. Abduction is ordinarily committed by force, compulsion, deceit or induction.
5. It is a continuing offence.
6. In case of free consent of the abducted person, no such offence is made out.
7. Minority or insanity of the abducted person is irrelevant.
[Sections 359 to 362, Indian Penal Code, 1860]
Q.32. Mention the contents of a charge. What is the effect of a defective charge?
Ans. Charge is a written allegation levelled by the Court informing the accused about the offence committed by him. It is read over and explained to the accused, so that he can admit or deny it and then prepare the grounds and logics of his defence. When the Court is of the opinion that prima facie case relating to an offence is made out against the accused or there are sufficient grounds to proceed against the accused, he is being charged.
Contents of the charge are as under:—
(1) Description of the offence with which the accused is charged.
(2) Specific name of the offence.
(3) If the law does not give any specific name of the offence, manner in which offence was committed.
(4) Number of Section and name of the Act.
(5) Every legal condition required by law to constitute the offence has been fulfilled in the charge.
(6) Charge shall be written in the language of the Court.
(7) Date, time and place of the offence.
(8) In case of charge relating to property, full description of the property.
(9) Manner and mode of commission of the offence.
(10) Meaning of the words of the charge shall be construed according to the law, under which the charged offence is punishable.
(11) After reading over and explaining the charge to the accused, the Court is bound to record the plea of the accused.
(12) Name of the Court, Name of its Presiding Officer, Number, year and title of the case, name of accused person together with his/her father/husband’s name, caste, occupation, age and place of residence etc. should be written first of all in the charge.
No error or omission made in the charge shall be regarded as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice. [Sections 211 to 215, Criminal Procedure Code, 1973]