50 sample questions on The Code of Criminal Procedure, 1973 for Assam Judiciary Examination (preliminary)

50 sample questions on The Code of Criminal Procedure, 1973 for Assam Judiciary Examination (preliminary)

1. As per Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), assented on 7th January, 2009, by President of India, which inserted clause (wa) in section 2 in Cr.P.C. and which defines "victim" as 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 includes

(a) victim's guardian

(b) victim's guardian or legal heir

(c) victim's neighbour

(d) victim's close friend.

2. According to section 41A(1) of Cr.P.C. as inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009) the Police Officer may issue a notice directing the alleged accused though he has committed a cognizable offence, to appear before him or at such other place as specified in notice in all the cases where the arrest of a person is not required nnder the

(a) provisions of sub-section (l)(a) of section 41

(b) provisions of sub-section (l)(b) of section 41

(c) provisions of sub-section (l)(c) of section 41

(d) provisions of sub-section (1) of section 41

3. Within the meaning of provisions under section 41C(1) of the Criminal Procedure Code which was inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009) every State Government shall establish a Police Control Room (PCR) in

(a) every district

(b) State level only

(c) both district and at State level

(d) State Secretariat only.

4. Criminal Procedure Code which comes under Concurrent List of Constitution of India is

(a) unduly rigid and does not make room for any special law & procedure

(b) not unduly rigid and makes room for any special law & procedure and generally gives precedence to such special law and procedure

(c) not unduly rigid and makes room for any special law & procedure but generally gives precedence to the law & procedure given under the Code

(d) either (a) or (c).

5. What is true to Code of Criminal Procedure

(a) it is mainly, though not purely, an adjective or procedural law

(b) there are also certain provisions which are partly in the nature of substantive law

(c) both (a) & (b)

(d) neither (a) nor (b).

6. Which classification of offence comes under Criminal Procedure Code

(a) cognizable & non-cognizable

(b) bailable & non-bailable

(c) summons cases & warrant cases

(d) all the above.

7. Classification of offences given in the Code of Criminal Procedure under

(a) section 320

(b) the 1st Schedule

(c) the Ilnd Schedule

(d) section 482.

8. Cognizable offence under IPC has been defined

(a) under section 2(a) of Cr.P.C.

(b) under section 2(c) of Cr.P.C.

(c) under section 2(i) of Cr.P.C.

(d) under section 2(1) of Cr.P.C.

9. In a cognizable case under IPC, the police has the

(a) authority to arrest a person without warrant

(b) authority to investigate the offence without permission of the Magistrate

(c) both (a) & (b)

(d) either (a) or (b).

10. In a cognizable case under IPC, the police will have all the powers to

(a) investigate except the power to arrest without warrant

(b) investigate including the power to arrest without warrant

(c) investigate and arrest without warrant only after seeking permission from the Magistrate

(d) investigate and arrest without warrant only after informing the Magistrate having jurisdiction to inquire into or try the offence.

11. A Magistrate has the power to direct the police to investigate into an offence in IPC under

(a) section 156(1) of Cr PC

(b) section 156(2) of Cr PC

(c) section 156(3) of Cr PC

(d) all of the above.

12. A Magistrate has the power under Cr. P.C. to direct the police to investigate into

(a) a non-cognizable offence

(b) a cognizable offence

(c) only a non-cognizable offence, as in a cognizable offence the police is under a duty to investigate

(d) both (a) and (b).

13. In a non-cognizable case under IPC, the

police has the authority

(a) to investigate into the offence without order given by the Magistrate but cannot arrest the accused without warrant

(b) to investigate and even arrest the accused without warrant

(c) neither to investigate without order of the Magistrate nor can arrest the accused without warrant

(d) cannot investigate without orders of the Magistrate but can arrest without warrant.

14. Non-cognizable offence has been defined

(a) under section 2(a)

(b) under section 2(c)

(c) under section 2(i)

(d) under section 2(1).

15. A case which includes cognizable offences

and non-cognizable offences is

(a) a cognizable case but requires sanction of the Magistrate for investigation into the non-cognizable part under section 155(2) of Cr PC

(b) a cognizable case and as such the investigation of the case does not require any sanction of the Magistrate under section 155(2) of Cr PC

(c) a non-cognizable case and as such the investigation of the case requires sanction of the Magistrate under section 155(2) of Cr PC

(d) a non-cognizable case but does not require sanction of the Magistrate under section 155(2) of Cr PC

16. In a non-cognizable case, the accused

(a) can object to the grant of permission under section 155(2) of Cr PC as a matter of right

(b) can object to the grant of permission under section 155(2) of Cr PC with the leave of the Magistrate

(c) can object to the grant of permission under section 155(2) of Cr PC with the leave of the High Court

(d) has no right to participate in the proceedings and cannot object to the grant of permission under section 155(2) of Cr PC

17. Under the Scheme of Criminal Procedure non-cognizable offences are

(a) public wrongs

(b) private wrongs

(c) both public and private wrongs

(d) none of the above.

18. A Magistrate has the power to direct the

police to investigate in respect of an offence

(a) under the Indian Penal Code

(b) under any local or special law

(c) both (a) and (b)

(d) only (a) and not (b).

19. Leave to investigate into a non-cognizable offence can be granted by a

(a) Magistrate in any part of India

(b) Magistrate in any part of the State

(c) Magistrate having jurisdiction to try the case

(d) either (a) or (b) or (c).

20. In a bailable offence, the bail is granted as a matter of right

(a) by the police officer

(b) by the court

(c) both by the police officer & the court

(d) either (a) or (b).

21. In a bailable offence

(a) conditions can be imposed while granting bail by the police officer

(b) conditions can be imposed while granting bail by the court

(c) no condition can be imposed while granting bail by the police officer or by the court

(d) only mild conditions can be imposed by the court only.

22. Warrant case has been defined under section 2(x) of Cr PC as a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term

(a) exceeding three years

(b) exceeding two years

(c) exceeding one year

(d) exceeding one year but less than two years.

23. Classification of summons case & warrant case

(a) is useful to determine the trial procedure to be adopted

(b) is useful to determine the investigation procedure to be adopted

(c) is useful to decide the question of issuance of process to the accused

(d) (a) & (c) are correct.

24. Complaint, as provided under section 2(d) of Cr PC

(a) can be in writing only

(b) can be oral

(c) either in writing or oral

(d) can be by gestures.

25. Complaint as provided under section 2(d) of Cr PC

(a) can be to a police officer

(b) can be to a Magistrate

(c) both (a) & (b)

(d) must necessarily to be a Magistrate only.

26. Complaint may relate to

(a) a cognizable offence

(b) a non-cognizable offence

(c) both (a) & (b) are correct

(d) must be for a non-cognizable offence as the police has no power to investigate such an offence.

27. In respect of investigation as provided under section 2(h) of Cr PC, which of the following is incorrect

(a) investigation can be conducted by a police officer

(b) investigation can be conducted by any person so authorised by a Magistrate

(c) investigation can be conducted by a Magistrate himself

(d) both (a) & (b).

28. When a complaint is presented to a Magistrate, and the Magistrate proceeds to examine the complainant & the witnesses

(a) the Magistrate is conducting investigation

(b) the Magistrate is conducting an inquiry

(c) Magistrate is conducting a trial

(d) both (b) & (c).

29. The word Magistrate mentioned in section 156(3) of Cr PC means

(a) a Judicial Magistrate

(b) a Special Executive Magistrate

(c) an Executive Magistrate

(d) either (a) or (b) or (c).

30. A Metropolitan Magistrate, has the power to pass sentence, as provided under section 29 of Cr PC

(a) any sentence authorised by law except a sentence of death, or

(b) imprisonment for life or of imprisonment for a term exceeding seven years

(c) imprisonment for a term not exceeding three years and fine not exceeding Rs. 10,000

(d) imprisonment for a term not exceeding one year and fine not exceeding Rs. 1,000.

31. A Metropolitan Magistrate can award sentence of imprisonment in default of payment of fine

(a) equal to the term of imprisonment which he is competent to inflict as substantive punishment

(b) not exceeding half of the term of imprisonment which he is competent to inflict as substantive sentence

(c) not exceeding one-third of the term of imprisonment which he is competent to inflict as substantive sentence

(d) not exceeding one-fourth of the term of imprisonment which he is competent to inflict as substantive sentence.

32. The imprisonment in default of fine

(a) shall be in addition to a substantive sentence maximum awardable under section 29 without any specific order

(b) shall be in addition to a substantive sentence only when a specific order to that effect is passed

(c) shall not be in addition to the substantive sentence awardable by the Magistrate

(d) shall be in addition to the substantive sentence awardable but subject to the upper limit for substantive sentence prescribed under section 29.

33. In cases of consecutive sentence on conviction of several offences at one trial by a Metropolitan Magistrate the aggregate punishment

(a) shall not exceed twice the amount of punishment which the Magistrate is competent to inflict for a single offence

(b) shall not exceed the amount of punishment which the Magistrate is competent to inflict for a single offence as prescribed under section 29 of Cr PC

(c) shall not exceed three times the amount of punishment which the Magistrate is competent to inflict for a single offence

(d) shall not exceed 14 years.

34. Classification of compoundable & non- compoundable offences has been provided under

(a) 1st Schedule

(b) IInd Schedule

(c) section 320 Of Cr PC

(d) section 321 of Cr PC.

35. Offences other than those mentioned in section 320 of Cr PC are

(a) not compoundable

(b) compoundable with the permission of the court

(c) compoundable by the Court of Sessions

(d) compoundable by the High Court.

36. Arrest means

(a) every compulsion or physical restraint

(b) total restraint and complete deprivation of liberty

(c) both (a) & (b)

(d) neither (a) nor (b).

37. A warrant of arrest is a command

(a) must be a written order

(b) signed, sealed & issued by a Magistrate

(c) addressed to a police officer

(d) all of the above.

38. A person can be arrested without warrant

(a) for securing attendance of accused at trial

(b) as a preventive or precautionary measure

(c) for obtaining correct name & address

The Code of Criminal Procedure, 1973

(d) all the above.

39. Which of the following is correct

(a) Magistrate cannot arrest a person

(b) a private person cannot arrest a person

(c) a police officer can arrest a person

(d) both (a) & (b).

40. It is mandatory for a police officer to inform the person arrested, the grounds of arrest and right of bail if the offence is not non-bailable, under

(a) section 49 of Cr PC

(b) section 50 of Cr PC

(c) section 51 of Cr PC

(d) section 54 of Cr PC.

41. A police officer arresting a person may carry out the personal search of the person arrested, as provided

(a) under section 50 of Cr PC

(b) under section 51 of Cr PC

(c) under section 54 of Cr PC

(d) under section 56 of Cr PC.

42. Section 54 of Cr PC provides for

(a) medical examination of the accused at the request of the police officer

(b) medical examination of the accused at the request of the accused

(c) both (a) & (b)

(d) neither (a) nor (b).

43. It is mandatory to produce the person arrested before the Magistrate, within 24 hours of his arrest, under

(a) section 56 of Cr PC

(b) section 57 of Cr PC

(c) section 58 of Cr PC

(d) section 59 of Cr PC.

44. A proclamation under section 82 of Cr PC can be issued against a person against whom a warrant has been issued. Thus a proclamation can be issued against

(a) accused offender

(b) a surety

(c) a witness

(d) all the above.

45. A proclamation requiring a person to appear must be published giving

(a) not less than 30 days time to the person concerned

(b) not less than 10 days time to the person concerned

(c) not less than 20 days time to the person concerned

(d) not less than 15 days time to the person concerned.

46. Attachment of the property of the person absconding

(a) can only be issued after publication of the proclamation under section 82 of Cr PC

(b) can be issued before publication of the proclamation under section 82 of Cr PC

(c) can be issued simultaneously with the issue of proclamation under section 82 of Cr PC

(d) all the above.

47. Period of limitation for filing claims & objections to the attachment of any property attached under section 83 of Cr PC, by any person other than the proclaimed person, as provided under section 84 of Cr PC

(a) within three months of attachment

(b) within six months of attachment

(c) within one year of attachment

(d) within two months of attachment.

48. Period of limitation for filing a suit to establish the right over the property attached, by a person other than the person proclaimed, who has filed claims & objection to attachment, is

(a) three months from the date of disallowing the claim

(b) six months from the date of disallowing the claim

(c) one year from the date of disallowing the claim

(d) three years from the date of disallowing the claim.

49. If the person proclaimed appears within the period specified in the proclamation, the property attached

(a) shall not be released from attachment

(b) shall be released from attachment

(c) shall be forfeited

(d) both (a) & (c).

50. If the proclaimed person does not appear within the time specified in the proclamation, the property under attachment

(a) shall not be sold until expiry of six months from the date of attachment

(b) shall not be sold until any claim or objection under section 84 have been disposed of

(c) both (a) & (b)

(d) either (a) or (b).