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CRIMINAL PROCEDURE CODE

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JUDICIARY 9166830064

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SUBJECT: - CRIMINAL PROCEDURE CODE

Chapter I
Preliminary (Sec. 1 to 15)
The main object of this Act is to consolidate & amend the law relating to Criminal
Procedure. It comes into force from Ist April 1974.
It extends to the whole of India except the state of J & K.

DEFINITION :- ( Section 2)

1) Bailable & Non bailable offence:-

Bailable offence means an offence which is shown as Bailable in the Ist schedule,
or which is made Bailable by any other law for the time being inforce.

In Bailable offences, the bail is granted as of right & there is no discretion to the
court to reject an application for Bail.

For ex. Insult, simple hurt counterfeiting of coins, etc are bailable offences.

Non-bailable offence means an offence which is shown as non bailable in the Ist
schedule, or which is made non bailable by any other law for the time being inforce.

In non bailable offences, an accused cannot claim bail as of right and granting of
bail is entirely at the discretion of court.

For ex. Murder, Dacoity, Robbery, etc are non bailable offence.

Difference between Bailable and Non-Bailable Offences

BAILABLE OFFENCES NON-BAILABLE OFFENCE

Bailable offence means an offence which is Non-Bailable Offence means any other
shown as bailable in the First Schedule or offence.

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which is made bailable by any other Law

for the time being in force.
Bailable offences are grave and serious
Bailable offences are regarded as less grave
offences, For example- offence of
and less serious.
murder.
Under bailable offences, bail is claimed as Under Non-bailable offences, bail is a
a matter of right. matter of discretion.

2) Cognizable & non Cognizable offences:-

Cognizable offence means an offence for which & cognizable case means a case in
which a police officer may arrest without warrant in accordance with the Ist scheduleor
under anyother law for the time being inforce.

In short, a police officer may arrest an accused person without warrant of court in
such cases.

For ex. Murder, Dacoity, Robbery etc are cognizable offences.

Non cognizable offence an offence for which, and non cognizable case means a case
in which, a police officer cannot arrest without warrant in accordance with the Ist schedule
or under anyother law for the time being in force.

In short, a police officer cannot arrest an accused person without warrant of court
in such cases.

For ex. Public servant disobeying a direction of law under under Sec. 217 of I. P. C.
cheating under Sec. 417 of I. P. C. etc.

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Difference Cognizable Offence Non-Cognizable Offence

Meaning Cognizable offence is one in Non-cognizable offences refers to

which the police is the offences in which the police
authorized to take has no authority to apprehend a
cognizance of the crime at its person for crime on its own.
own.

Arrest Without warrant Requires warrant

Approval Not required to begin Prior approval of court is required

of Court investigation. to begin investigation.

Offence Heinous Comparatively less heinous

Includes Murder, rape, theft, Forgery, cheating, assault,

kidnapping, etc. defamation etc.

Petition FIR and complaint Complaint only.

3) Complaint:-

Complaint means any allegation made orally or in writing to a magistrate with a

view to his taking action under this code, that some person, whether known or unknown,
has committed an offence, but does not include a police report.

A report made by a police officer in a case which discloses after investigation, the
commission of a non cognizable offence shall be deemed to be a complaint and the police
officer by whom such report is made shall be deemed to be the complainant.

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Essentials of complaint:-

1. Allegation made to Magistrate,

2. That some person has committed an offence,

3. With a view to his taking action under this code,

4. It does not include a police report,

5. It is either orally or in writing.

First information Report :-

F. I. R. is submitted to police officer under Sec. 154, it is not a complaint.

BASIS FOR FIR (FIRST INFORMATION

COMPLAINT
COMPARISON REPORT)

Meaning Complaint refers to an FIR implies the complaint

appeal made to the registered with the police by
magistrate, comprising an the plaintiff or any other person
allegation that a crime having knowledge of the
has taken place. cognizable offence.

Format No prescribed format Prescribed format

Made to Judicial Magistrate Police Officer

Offence Cognizable and Non- Cognizable offence only

cognizable offence

Who can submit? Any person subject to Any person such as the
certain exceptions. aggrieved party or witness.

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4) Summons case & Warrant case:-

Warrant case means a case relating to an offence punishable with death,

imprisonment for life or imprisonment for a term exceeding two years.

Summons case means a case relating to an offence, and not being a warrant case.
Thus summons case means a case relating to an offence punishable with imprisonment
for a term not exceeding two years.

For ex. Offence of theft is warrant case but the offence of insult is a summons case.

The procedure of trial of warrant case as well as summons case is separately

prescribed under this code.

5) Investigation, Enquiry & Trial:-

Investigation includes all the proceedings under this code for the collection of
evidence conducted by a police officer or by any person (other than a magistrate) who is
authorized by a magistrate in this behalf.

Enquiry means every enquiry other than a trial, conducted under this code by a
magistrate or court.

Trial means actual hearing conducted under this code by a magistrate or court.

Trial means trial by a magistrate or court. There are four kinds of trials prescribed
under this code:-

a) Trial of session’s cases.

b) Trial of warrant cases by magistrate.

c) Trial of summons cases by magistrate.

d) Summary trial.

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These three terms i. e. investigation, enquiry & trial denotes three stages in a
criminal case. The first stage is the investigation by the police officer, second stage is
enquiry by the magistrate after investigation, third stage is a trial i. e. actual hearing of a
case by the magistrate or a court of session & the court either convict or discharge or acquit
the accused.

Difference between Investigation and Inquiry:

• Authority to Conduct: An inquiry must be by a magistrate or court, whereas an

investigation is by a Police Officer or any person other than a magistrate or court.
• Object: The object of an Inquiry is to determine the truth or falsity of certain facts in
order to take further action thereon, while the object of an investigation is to collect
evidence.
• Stage: Investigation is the first stage of the case and normally proceeds inquiry by a
magistrate.
• Commencement: Inquiry commences when complaint is filed to the magistrate while
investigation commences when FIR is lodges or complaint is made to the magistrate.

Difference between Inquiry and Trial:

• Ending: A trial is a Judicial proceeding which ends in conviction or acquittal. All other
proceedings are inquiries which have various ending according to circumstances.
• Presupposition: The word trial as used in this code presupposes the idea of an offence
but “inquiry” does not necessarily presupposes the idea of an offence. It extends to
matters which are not offences. E.g Proceedings under Section 117, 145 & 514 of the
code.
• Defined: The term “Trial” has not been defined by the code but Inquiry has been defined
by the code under section 4(1)(k).
• Purpose: The purpose of inquiry is to ascertain the truth a falsity of facts of the case
while the purpose of trial is to determine the guilt of the accused.

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6) High Court:-

High Court means-

a) In relation to any state, the High Court for that state.

b) In relation to a Union territory to which the jurisdiction of the High Court for a
state has been extended by law, that High Court.

c) In relation to any other Union territory, the highest court of criminal appeal for
that territory other than the supreme court of India.

7) Public Prosecutor :-

Public Prosecutor means any person appointed U/s. 24 & includes any person acting
under the directions of a public prosecutor.

8) Police report :-

Police report means a report forwarded by a police officer to a magistrate U/s.

173(2) of Cr. P. C.

9) Police Station :-

Police Station means any post or place declared generally or specifically by the state
Government, to be a police station and includes any local area specified by the state Govt.
in this behalf.

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Chapter II
Constitution of Criminal Court & offices (Sec. 6 to 25)
Territorial Division:-
Every state is a session’s division or consists of sessions divisions. Every sessions
division is a district or consists of districts.

Metropolitan Areas:-

At the commencement of the code, the presidencies of Bombay, Madras, Calcutta

& the city of Ahmadabad are declared as metropolitan areas. Further the state Govt. may
declare any city with a population exceeding one million to be a metropolitan area.

Classification of Criminal Court :-

Following are the various classes of criminal courts-

1) Supreme Court:-

Supreme Court is established under Constitution of India. The appointment of

judges of Supreme Court, powers & jurisdiction of Supreme Court are declared in the
Constitution of India. This is the highest court of criminal appeal in India.

2) High Court:-

High Court in states are also established under the provisions of the Constitution
of India in every state. High Court is the highest court of criminal appeal in every state.

3) Court of Session:-

Every sessions divisions has a court of session presided over by a session’s judge,
Additional Sessions Judges & Assistant Sessions Judges are also appointed to exercise
jurisdiction of Session’s Judge in such court.

The High Court has power to appoint Session’s Judge, Additional Sessions Judges
& Assistant Sessions Judges.

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The court of sessions shall ordinarily hold its sitting at such place or places as the
High Court may specify.

All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose
court they exercise jurisdiction. The Sessions Judge may make rules as to the distribution
of business among Additional & Assistant Session Judges.

4) Court of Judicial Magistrates:-

In every district, there shall be established as many courts of judicial magistratesof

the first class & of the second class & at such places as the State Govt. may specify after
consultation with the High Court.

The presiding officials of such courts shall be appointed by the High Courts. The
High Court may confer the powers of magistrates an any member of the judicial service
of the state, functioning as a Judge in the Civil Court.

In every district, the High Court appoints one Judicial Magistrate first class (J. M.
F. C.) as Chief Judicial Magistrate (C. J. M.) A & may appoint another as Additional C. J.
M.

The C. J. M. is subordinate to the Sessions Judge and other Judicial Magistrate are
subordinate C. J. M. subject to the general control of the Sessions Judge.

5) Metropolitan Magistrate (M. M.):-

The State Govt. may establish sufficient number of M. M’s Court in each
metropolitan areas. The presiding officers of such courts shall be appointed by the High
Court. The Jurisdiction & powers of every M. M. Shall extend throughout the metropolitan
area.

One of the M. M. is appointed as Chief Metropolitan Magistrate (C.M.M.) by the

High Court. It may appoint any M. M. as Additional C. M. M. They are subordinate to

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the Sessions Judges & other Metropolitan Magistrates are subordinate to the C. M. M.
subject to the general control of the Sessions Judges.

6) Executive Magistrates:-

The state Govt. appoints in each district & in every metropolitan area a sufficient
number of Executive Magistrates & one of them is appointed as the District Magistrates.
An Additional District Magistrate can also be appointed.

An Executive Magistrate may be put incharge of a Sub Division, called the sub
divisional Magistrate (S.D.M.)

The State Govt. may confer on a commissioner of police any of the powers of the
Executive with power of Executive Magistrate for discharging certain specified functions.

All Executive Magistrates are subordinate to District Magistrate & all Executive
Magistrates in the Sub-Division are subordinate to the S.D.M., subject to the general
control of the District Magistrate.

Public Prosecutor (Sec. 24):-

For each High Court an advocate of not less than seven years standing shall be
appointed as public prosecutor either by the Central Govt. or the State Govt.

A Special Public Prosecutor may also be appointed by the Govt. for any particular
case or class or cases. Such person should be i.e. practice for not less than 10 years.

A Public Prosecutor & one or more Additional Public Prosecutor with not less than
seven years practice for each district may be appointed by the State Govt. from a panel of
names prepared by the D.M. in consultation with the Session Judge.

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Assistant Public Prosecutor (Section 25)

For conducting prosecution in courts of Magistrates, the State Govt. shall appoint
Assistant Public Prosecutors,

Central Govt. may appoint Assistant Public Prosecutors for conducting any case or
class of cases in the court of Magistrates.

No police officer shall be eligible to be appointed as an Assistant Public Prosecutor.

Where no Assistant Public Prosecutor is available for any case, the District
Magistrate may appoint any other person to be the Assistant Public Prosecutor

Provided that a police officer who is either below the rank of an inspector or who
has taken part in the investigation of the case shall not be appointed as Assistant Public
Prosecutor.

Directorate of Prosecution (Section 25 A)

1. The State Government may establish a Directorate of Prosecution consisting of a

Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit.
2. A person shall be eligible to be appointed as a Director of Prosecution or a Deputy
Director of Prosecution, only if he has been in practice as an advocate for not less than
ten years and such appointment shall be made with the concurrence of the Chief Justice
of the High Court.
3. The Head of the Directorate of Prosecution shall be the Director of Prosecution, who
shall function under the administrative control of the Head of the Home Department
in the State.
4. Every Deputy Director of Prosecution shall be subordinate to the Director of
Prosecution.

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5. Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor
appointed by the State Government under Sub-Section (1), or as the case may be, Sub-
Section (8), of section 24 to conduct cases in the High Court shall be subordinate to the
Director of Prosecution.
6. Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor
appointed by the State Government under Sub-Section (3), or as the case may be, Sub-
Section (8), of section 24 to conduct cases in District Courts and every Assistant Public
Prosecutor appointed under Sub-Section (1) of section 25 shall be subordinate to the
Deputy Director of Prosecution.
7. The powers and functions of the Director of Prosecution and the Deputy Directors of
Prosecution and the areas for which each of the Deputy Directors of Prosecution have
been appointed shall be such as the State Government may, by notification, specify.
8. The provisions of this section shall not apply to the Advocate General for the State
while performing the functions of a Public Prosecutor.

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Chapter III
Powers of Courts (Sec. 26 to 35)
A) Courts by which offences are triable :-
1) Offences under I. P. C. :-

These may be tried by the High Court or the Court of Session or any other court by
which such offence is shown in the Ist schedule to be triable.

2) Offences under other laws:-

These are tried by the court mentioned in those laws & where no such court is
mentioned, by the High Court or by any other court constituted under this code which has
jurisdiction to try such offences according to Ist schedule.

3) Juvenile offenders:-

Any person who is juvenile & who has committed an offence not punishable with
death or imprisonment for life may be tried by a court of C. J. M. or by any court specially
empowered under the Children Act or any other law providing for the treatment,training &
rehabilitation of such offender. For ex. Juvenile Courts were establishedpreviously under
the Bombay Children Act 1948 & now under The Juvenile Justice Act 1986.

B) Sentences which may be passes by various classes of Courts :-

1) High Court:-

High Court may pass any sentence authorized by law.

2) Session’s Judge or Additional Session’s Judge :-

A Session’s Judge or Additional Session’s Judge may pass any sentence authorized
by law but a sentence of death passed by him is subject to te confirmation by the High
Court.

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3) Assistant Session’s Judge:-

Assistant Session’s Judge may pass any sentence authorized by law except a
sentence of death, imprisonment for life or imprisonment exceeding ten years.

4) Magistrates:-

Magistrates may pass following sentences:-

a) C. J. M. & C. M. M. :-

Any sentence except death, imprisonment for life or imprisonment exceeding

seven years.

b) J. M. F. C. or M. M. :-

Imprisonment not exceeding three years or fine not exceeding Rs.50,000/- or both.

c) Second Class Magistrates:-

Imprisonment not exceeding one years or fine not exceeding Rs.10,000/- or both.

C) Sentence of Imprisonment in default of fine:-

The Court of Magistrate may award such term of imprisonment in default of

payment of fine as is authorized by law (I. P. C.)

D) Sentence in cases of Conviction of several offences at one trial :-

Where a person is convicted at one trial of two or more offences, the court may,
subject to Sec. 71 of I. P. C. sentence him for such offences, to the several punishment
prescribed.

The Court may specify how they will run unless concurrently. The offender shall
not be sentenced to imprisonment more than 14 years in aggregate.

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E) Mode of conferring powers:-

In conferring powers under this code, the High Court or State Govt. may by order
empower persons specially by name or their office.

F) Powers of officers appointed:-

Whenever any person holding an office in the service of Govt. who has been
invested by the High Court or the Sate Govt. with any powers under this code throughout
any local area is appointed to an equal or higher office of the same nature, within a like
local area, he shall exercise the same powers in that area.

G) Withdrawal of Powers:-

The High Court or the State Govt. may withdraw all or any of the powers
conferred by it under this code on any person or by any officer subordinate to it.

Any powers conferred by the C. J. M. or by the D. M. may be withdrawn by the

respective Magistrate by whom such powers were conferred.

H) Powers of Judges & Magistrates exercisable by their successor- in-office

The powers & duties of a Judge or Magistrate may be exercised or performed by

his successor-in-office.

When there is any doubt as to who is the successor-in-office of any Additional or

Assistant Session’s Judge, the Session’s Judge shall determine by an order who shall be
the successor-in-office of such Additional or Assistant Session Judge.

When there is any doubt as to who is the successor-in-office of any Magistrate, the
C. J. M. or the D. M., as the case may be, shall determine by order in writing the Magistrate
who shall be the successor-in-office of such Magistrate.

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Chapter IV
Powers of Superior officers of police (Sec. 36 to 40)
Police officers superior in rank to an officer incharge of a police station may
exercise the same powers throughout the local area to which they are appointed, as may be
exercised by such officer within the limits of his station.

Aid to the Magistrate & Police :-

Every person is bound to assist a magistrate or police officer demanding his aid-

1) In the taking or preventing of the escape, of any person whom the Magistrate or
Police officer is authorized to arrest.

2) In the prevention or suppression of a breach of the peach.

3) In the prevention of any injury attempted to be committed to any railway, canal,

telegraph or public property.

Aid to person executing a warrant:-

When a person other than a police officer is executing a warrant, any person may
aid in its execution.

Information of certain offences:-

A) By Public:-

Every person aware of the commission or intension to commit the following

offences under I. P. C. is bound to give information to the nearest Magistrate or Police
officer:-

1) Certain offences against the state i. e. U/s. 121 to 126 & 130 of I. P. C.

2) Unlawful assembly & rioting.

3) Offences relating to illegal gratification.

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4) Offences relating to adulteration of food & drugs.

5) Culpable homicide & murder.

6) Theft with preparation to cause death or hurt.

7) Robbery & aggravated forms & dacoity.

8) Criminal breach of trust by public servant.

9) Mischief against property.

10) House trespass to commit offence punishable with death or imprisonment for life.

11) Lurking house trespass or house breaking by night & its aggravated forms.

12) Offence relating to currency notes & bank notes.

B) By village officers & persons residing in village:-

Every village officer & every person residing in a village is bound to communicate
to the nearest Magistrate or Police officer incharge of Police Station, any information
respecting.

1) The permanent or temporary residence of any receiver or vendor of stolen property

in the village.

2) The commission or intent to commit in a village any non bailable offence or the
offence of unlawful assembly or rioting.

3) The resort to any place within such village of a thing, robber, escaped convict or
proclaimed offender.

4) The occurrence of any sudden unnatural or suspicious death.

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5) The commission or intent to commit an offence under I. P. C. like culpable

homicide, murder, robbery, dacoity, mischief, house trespass, offences relating to coins &
currency notes.

6) Any matter likely to affect the maintenance of order, the prevention of crimes or the
safety of persons or property respecting which the District Magistrate has directed him to
communicate information.

Chapter V
Arrest of Persons (Sec. 41 to 60)
A) Arrest generally :- (Section 41)

1) The Police officer or person making the arrest touches or confines the body of the
person to be arrested unless he submits to the custody by word or action. If he forcibly
resists, force may be used to arrest but he cannot be killed if he is not accused of an offence
punishable with death or imprisonment for life.

2) If he has entered into any place, the person incharge of the place must allow free
ingress & give all facilities for a search. If such ingress cannot be obtained, then any door
or window may be broken to obtain ingress.

3) The police officer may persue a person to whom he is authorized to arrest to any
place in India. The person arrested is not to be subjected to unnecessary restraint. He should
be informed of the grounds of arrest & his right to bail in case of boilable offence.

4) Where he is not admitted to bail, he may be searched & all articles found may be
placed in safe custody & he should be given a receipt of articles. Any weapons seized must
be delivered to the court.

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5) Where the medical examination of the person becomes necessary for evidence, a
registered medical practitioner may examine him on request of Police officer.

6) The arrested person can himself request medical examination of his person & the
Magistrate shall direct such examination by a registered medical practitioner.

B) Arrest without warrant:-

a) By Police officer:-

A Police officer may without a warrant arrest :-

1) Any person concerned in a cognizable offence.

2) Any person in possession of any implement of house breaking.

3) Any proclaimed offender.

4) Any person obstructing Police officer in his duty or attempting to escape from
lawful custody.

5) Any person in possession of stolen property.

6) Any deserter from the armed forces.

7) Any person concerned in an offence committed outside India.

8) Any released convict committing a breach of any rule under Sec. 356(5).

9) Any person for whose arrest a requisition has been received from another police
officer authorized to arrest him without a warrant.

10) Any person who has committed a non cognizable offence in the presence of police
officer & refuses to give his name & residence or gives a false name & residence.

11) Any person designing to commit a cognizable offence which cannot be otherwise
prevented.

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12) Any person whose suspension or remission of sentence has been canceled by the
State Govt. due to his failure to fulfill any condition.

b) By a private person:-

A private person may arrest:-

1) A person committing a non bailable & cognizable offence in his presence or,

2) Any proclaimed offender.

He must without delay hand over such person to a Police officer or to the nearest
Police station.

c) By a Magistrate:-

A Magistrate, whether executive or judicial, may arrest within the local limits of his
jurisdiction-

1) Any person who commits an offence in his presence.

2) Any person for whose arrest he is competent at the time & in the circumstances to
issue a warrant.

c) Protection of members of the armed forces:-

The provisions regarding arrest by the Police or private persons or magistrates do

not apply to the members of the armed forces when acting in the discharge of official
duties, except with the consent of the Central Govt.

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• Rights of Arrestee OR Rights of Arrested Person

1. Right to Silence:-

As per Article 20(3) of Constitution of India guarantees every person has been given a right
against self-incrimination, it states that any person who has been accused of any offence,
shall not be compelled to be a witness against himself.

2. Right to know the Grounds of Arrest

a. Every person who is being arrested by any police officer, without any warrant, is entitled
to know the full particulars of offence for which he is being arrested, and that the police
officer is duty bound to tell the accused such particulars and cannot deny it. Section 50 (1)

b. When any person is being arrested by any police officer, who is deputed by a senior
police officer, then such subordinate officer shall before making such arrest, notify the
person to be arrested the substance of the written order given by the senior police officer
specifying the offence or other cause for which the arrest is to be made. If this provision
is not complied with, then the arrest would be rendered illegal. Sec.55

c. Any person who is executing such warrant must notify the person to be arrested, the
particulars of such warrant, or even show such warrant if needed. If the substance of the
warrant is not notified, the arrest would be unlawful. Sec.75

d. “No person who is arrested shall be detained in custody without being informed as soon
as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to
be defended by a legal practitioner of his choice.” Art.22 (2)

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3. Inform about arrest to a nominated person (Sec. 50A):-

Every person making arrest shall forthwith give information regarding arrest and
place to any of his friends, relatives or other persons disclosed or nominated by the arrested
person.

4. Information Regarding the Right To Be Released On Bail

Any person who is to be arrested without a warrant and is not accused of a non-bailable
offence has to be informed by the police officer that he is entitled to be released on bail
on payment of the surety amount.

5. Right to Be Taken Before a Magistrate without Delay

“A police officer making an arrest without warrant shall, without unnecessary delay and
subject to the provisions herein contained as to bail, take or send the person arrested before
a Magistrate having jurisdiction in the case, or before the officer in charge of a police
station”. Sec.56

“The police officer or other person executing a warrant of arrest shall without unnecessary
delay bring the person arrested before the Court before which he is required by law to
produce such person”. Such delay shall not exceed 24 hours in any case. While calculating
the time period of 24 hours, the time necessary for the journey is to be excluded. Sec.76

The same has been enumerated in the Constitution as a Fundamental Right under Article
22(2).

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6. Rights at Trial

a) Right To a Fair Trial

The Constitution under Article 14 guarantees the right to equality before the law.
The Code of Criminal Procedure also provides that for a trial to be fair, it must be an open
court trial. In some exceptional cases the trial may be held in camera.

b) Right to a Speedy Trial by the Constitution of India

The SC in the Hussainara Khatoon case has made it mandatory that the investigation
in the trial must be conducted “as expeditiously as possible.

Wherein the maximum punishment that can be imposed is 2 years, once theaccused
is arrested, the investigation for the trial has to be completed within the six months or
stopped on receiving an order from the Magistrate, unless the Magistrate givesreasons in
writing, that there is cause to extend the investigation.

7. Right to Consult a Legal Practitioner

According to Art. 22(1) Every person who is arrested has a right to consult a legal
practitioner of his own choice.

Section 50(3) of the Code also lays down that the person against whom proceedings
are initiated has a right to be defended by a pleader of his choice

8. Rights of Free Legal Aid

The Supreme Court in the case of in Khatri v. the State of Bihar has held that the
state is under a constitutional obligation to provide free legal aid to an indigent accused
person as is implicit in Article 21 of the Constitution.

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9. Right to Be Examined By A Medical Practitioner

Examination of arrested person by medical practitioner at the request of the

arrested person Sec.54

Examination of person accused of rape by medical practitioner Sec.53A.

It shall be the duty of person in custody of accused to take reasonable care of the
health and safety of the accused (Sec. 55A)

10. Arrest to be made strictly according to the code (Sec. 60A):-

No arrest shall be made except in accordance with this code or any other law
providing for arrest.

D.K. Basu v. State of W.B

Supreme Court issued some guidelines which were required to be mandatorily

followed in all cases of arrest or detention.

1. The person who is going to arrest any accused should bear accurate, visible, and
clear identification along with their name tags with their designation.
2. The police officer who is arresting the arrestee must prepare a memo of arrest,
and it should be attested by at least one person who may either be a family
member of the arrestee or any other respectable person in the locality. The memo
must contain the date and time of arrest and must also be countersigned by the
arrestee.
3. If the person who has signed the memo of arrest is not a family member, relative
or friend of the arrestee, then the arrestee is entitled to have one friend or relative
being informed about his arrest as soon as possible.

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4. The person arrested must be made aware of this right to have someone informed
of his arrest or detention as soon as he is put under arrest or is detained.
5. Entry must be made in the diary at the place of detention regarding the arrest of
the person which shall also disclose the name of the next friend of the person who
has been informed of the arrest and the names and particulars of the police
officials in whose custody the arrestee is.
6. The police officer should, on the request of arrestee, record at the time of his
arrest major and minor injuries, if any, present on arrestee’s body, after
subjecting the arrestee to an examination. The “Inspection Memo” must be
signed both by the arrestee and the police official making such arrest, and one
copy of that memo must be provided to the arrestee.
7. Copies of all the documents including the memo of arrest, referred to above,
should be sent to illaqa Magistrate for his record.
8. The arrestee may be permitted to meet his lawyer during interrogation, though
not throughout the interrogation.
9. The court also ordered that in every district and state headquarters, a police
control room should be established, wherein every arrest which is being made
must be reported by the police officer making such arrest within 12 hours of such
arrest, and it should be displayed on a conspicuous notice board.

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Chapter VI

Process to compel Appearance (Sec. 61 to 90)

A) Summons :- (Sec. 61 to 69)

1) Every summons is in writing signed by officer of court with seal of the court.

2) It is served by a Police officer, an officer of court or a public servant. It is served

personally by delivering to him one of the duplicates.

3) Service of summons on incorporated company or body or society may be effected

by serving it on its secretary, local manager or principal officer of corporation or
addressing a registered letter to its Chief officer in India.

4) When the person summoned cannot be found, the summons may be served on the
adult male member of his family residing with him.

5) If service cannot be effected as above, the serving officer affixes one of the
duplicates to conspicuous part of the house in which he ordinarily resides.

6) Service on Govt. servant may be effected by sending the summons to the head of
the office, who causes it to be served & returns it with an endorsement of service.

7) When a summons is to be served outside the local limits of a court, it is sent to a

magistrate within the local limits of whose jurisdiction the person resides.

8) Service may be proved by an affidavit of a serving officer that the summons has
been duly served.

9) In addition to or simultaneously with the issue as above, a court may issue a

summons by R. P. A. D. to witnesses or any other person.

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B) Warrant :- (Sec. 70 to 81)

1) Every warrant is in writing & signed by presiding officer with seal of court.

2) The warrant may contain a direction that if the person arrested executes a bond with
sufficient sureties for his attendance before the court, he may be released from custody. It
is called bailable warrant.

3) The warrant is ordinarily directed to Police officer but if no Police officer is

available & its immediate execution is necessary, it may be directed to any other person.

4) The warrant may be directed by a C. J. M. or J. M. F. C. to any person within his

local jurisdiction for the arrest of escaped convict, proclaimed offender, person accused
of a non bailable offence & evading arrest.

5) A warrant directed to any Police officer may be executed by another Police officer
whose name endorsed by the officer to whom it is directed.

6) A person executing a warrant notifies its substance to the person to be arrested, if

it required, shows it to him.

7) The person arrested is brought before the court within 24 hours, exclusive of time
necessary for journey from the place of arrest to the court of Magistrate.

8) A Warrant may be executed at any place in India.

Execution outside Jurisdiction :-

1) The warrant may be directed to a Police officer within his jurisdiction, or forwarded
by post to any Executive Magistrate or D. S. P. Commissioner of Police within whose
jurisdiction it is to be executed.

2) The Police officer takes such warrant for endorsement to an Executive Magistrate
within whose jurisdiction it is to be executed. The Magistrate endorses his name &
authorizes the Police officer to execute it within such limit.

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3) The person arrested is taken before Executive Magistrate, D. S. P. or

Commissioner of Police.

4) The E. M. D. S. P. or C. P. direct removal of custody of such person to such court.

C) Proclamation and attachment: - (Sec. 82 to 86)

Proclamation (Sec. 82):-

If the person against whom a warrant has been issued has absconded, the court
may publish a written proclamation directing him to appear at a specified place & time.

It is published:-

a) By reading it in some conspicuous place of town in which he resides.

b) By affixing it to conspicuous part of the house in which he resides.

c) By affixing to conspicuous part of the court house.

d) By publishing in a local daily newspaper.

Attachment (Sec. 83 to 86):-

A. Attachment of property of person absconding: - S. 83 provides that, at any time after

the issue of the proclamation, the Court may also issue an order for attachment of any
property, movable or immovable, of the proclaimed offender. Such an order of attachment
can also be issued simultaneously with the proclamation in the following two cases:

(i) If such person is about to dispose of the whole or any part of his property; or

(ii) If such person is about to remove the whole or any part of his property from the local
jurisdiction of the Court.

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If the property ordered to be attached is a debt or other movable property, the attachment
is to be made—

(a) By seizure; or

(b) By appointment of a receiver; or

(c) By an order in writing prohibiting the delivery of such property to the proclaimed
person or to any one on his behalf; or

(d) By any combination of the above methods, as the Court thinks it.

If the property which is ordered to be attached is immovable property, the attachment is

to be made through the Collector of the District in the case of land on which revenue is
payable to the State Government.

In all other cases, attachment of immovable property is to be made—

(a) By taking possession; or

(b) By appointment of a receiver; or

(c) By an order in writing prohibiting the payment of rent or delivery of property to the
proclaimed person or to any one on his behalf; or

(d) By a combination of any of the above methods, as the Court thinks fit.

If the property which is ordered to be attached consists of live-stock or is of a perishable

nature, the Court may order an immediate sale thereof, and also issue directions as regards
the proceeds of such a sale.

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B. Claims and objections to attachment (Sec. 84):-

1. If a person prefers a claim or objects to the attachment, within six months from the
date of such attachment, by any person other than the proclaimed person, on the
ground that the claimant or objector has an interest in such property, and that such
interest is not liable to attachment, the claim or objection shall be inquired into, if
death of claimant or objector it may continued by his legal representative.
2. Claims or objections may be in the Court issuing the attachment or to CJM in whose
jurisdiction the property is situate.
3. Every such claim or objection shall be inquired into by the Court in which it is made.
If it is made in the Court of a Chief Judicial Magistrate, he may make it over for
disposal to any Magistrate subordinate to him.
4. Any person whose claim or objection has been disallowed in whole or in part the
claimant or objector may within a period of one year from the date of such order,
institute a suit to establish the right which he claims in respect of the property in
dispute; but subject to the result of such suit, if any, the order shall be conclusive.

C. Release, sale and restoration of attached property (Sec. 85):-

(1) If the proclaimed person appears within the time specified in the proclamation,
the Court releases the property from attachment.
(2) If the proclaimed person does not appear within the time, the property retains
at the disposal of the State Government; but it shall not be sold until:-
a. the expiration of six months from the date of the attachment and
b. any claim preferred or objection has been disposed off
But the court may sale it:-
i. it is subject to speedy and natural decay and
ii. the sale would be for the benefit of the owner;
(3) If, within two years from the date of the attachment, the proclaimed person
appears voluntarily or is apprehended and proves to the satisfaction of such Court

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that he did not abscond or conceal himself and that he had not such notice of the
proclamation, such property, or, if the same has been sold, the net proceeds of the
sale or the net proceeds of the sale is, after deducting the cost incurred aredelivered
to him.

D. Appeal (Sec. 86):-

Any person referred to in Sub-Section (3) of section 85, who is aggrieved by any
refusal to deliver property or the proceeds of the sale thereof may appeal to the Court to
which appeals ordinarily lie from the sentences of the first-mentioned Court.

Chapter VII
Process to compel production of things (Sec. 91 to 105)
A) Summons to produce:-
When court or an officer incharge of police station considers that a document or
thing is necessary for any investigation, enquiry or trial or other proceedings, the court may
issue a summons or the officer an order, to produce it at a specified time & place.

It the document or things in the custody of the Postal of Telegraph Authorities, the
C. J. M. or Court of Session or High Court may require such authorities to deliver it to such
person as the court directs.

B) Search Warrants:-

The court may issue a search warrant for-

1) Production of a document or thing:-

A search warrant may be issued:-

a) Where the court believes the person, to whom a summons or order to produce a
document or thing has been made, will not produce it.

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b) Where the document or thing is not known to the court to be in possession of any
person.

c) Where the court considers that purpose of any enquiry, trial or proceeding will be
served by general search or inspection.

2) Search of place:-

A District Magistrate or Sub-Divisional Magistrate or J. M. F. C. may issue a

warrant to a Police officer upon information & enquiry, he believers that any place is issue
for-

a) Deposit or sale of stolen property.

b) Deposit or sale or production of objectionable articles like counterfeit coins or

currency notes or stamps, forged document, obscene objects, false seals, etc.

3) Forfeiture of Newspapers, books or other documents:-

If any newspaper book or document wherever printed appears to the State Govt. to
contain matter which is:-

a) Seditious

b) Promote feelings of enmity between different groups or classes or

c) Imputes assertions against the national integration or

d) Relates to sale, hire, etc. of obscene articles or

e) Outrages the feelings & insults the religion of any class,

The State Govt. may by notification in the official gazette declare every coy of such
publication to be forfeited to the Govt. & thereupon any police officer may seize it,
wherever in India.

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4) Discovery of persons wrongfully confined:-

If a District Magistrate, Sub-Divisional Magistrate or J. M. F. C. has reason to

believe that a person is wrongfully confined, he may issue a search warrant for the search
of that person & he is found, he is taken before a Magistrate.

5) Restoration of abducted females:-

Upon complaint relating to abduction or unlawful detention of a woman or a female

child under 18 years for unlawful purpose, the District Magistrate, Sub-Divisional
Magistrate or J. M. F. C. order for the immediate restoration of the woman to her liberty or
the female child to her husband, parent or guardian. Even necessary force may be used to
compel compliance with such order.

Whenever any place liable to search or inspection is closed, any person incharge
shall allow him free ingress & afford all reasonable facilities for a search.

Chapter VIII
Security for keeping the peace & for goods behavior (Sec. 106 to 124)

A) Security for keeping the peace :-

1) On Conviction (Sec. 106):-

When a person is convicted of offence against:-

a) Public tranquility,

b) assault,

c) criminal intimidation,

d) any offence involving breach of peace,

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e) abetting any of the above offences,

Before a court of Session or J. M. F. C. & such court is of a opinion that it is

necessary that such person should execute a bond for keeping peace at the time of passing
sentence it may order him to execute a bond for a sum proportionate to him means, with or
without sureties for keeping the peace for a period not exceeding three years.

2) In other cases (Sec. 107):-

When Executive Magistrate is informed that any person is likely to-

a) Commit a breach of peace,

b) Disturb the public tranquility,

c) Do any wrongful act that may occur due to breach of peace or disturb the public
tranquility,

The Executive Magistrate may require such person to show cause why he should
not be ordered to execute a bond for keeping the peace for period not exceeding one year.

B) Security for good behavior:-

This may be taken from:-

1) Persons disseminating seditious matter, etc. (Sec. 108):-

When a J. M. F. C. has information that there is a person within his jurisdiction

who intentionally disseminates or attempts to the dissemination of any matter which :-

a) Is seditious matter,

b) promotes feelings of enmity between different classes,

c) imputes something against the national integration,

d) outrages religious feelings of any class,

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e) concerns a Judge & amounts to criminal intimidation or defamation,

f) relates to a person who makes, publishes, etc. any obscene matter.

Such Magistrate may require such person to show cause why he should not be
ordered to execute a bond, with or without sureties, for his good behaviour for a period not
exceeding one year.

2) Suspected persons (Sec. 109):-

When an Executive Magistrate receives information that any person within his
jurisdiction is taking precaution to conceal his presence with a view to committing any
cognizable offence, such Magistrate may require such person to show cause why he should
not be ordered to execute a bond, with or without sureties, for his good behavior for a
period not exceeding one year.

3) Habitual offenders (Sec. 110):-

When E. M. receivers information that any person within his Jurisdiction:-

a) is by habit a robber, house breaker, thief of forger,

b) is by habit a receiver of stolen property,

c) Habitually harbors thieves or aids in the concealment or disposal of stolen

property.

d) Habitually commits or attempts or abets the commission of offences like

kidnapping, abduction, extortion, cheating, mischief, etc.

e) Habitually commits or attempts or abets the commission of offences involving a

breach of peace.

f) He is so dangerous to render his being at large without security, hazardous to the

community,

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Such a Magistrate may require him to show cause why he should not be ordered to
execute bond with surety for his good behavior for a period not exceeding three years.

c) Procedure:-

1) When a Magistrate deems it necessary to require any person to show cause, he shall
make an order setting forth the information received, the amount of the bond, etc.

2) When any person appears or is brought before a Magistrate as per order, the
Magistrate shall proceed to inquire into the truth of the information upon which action
has been taken.

3) Such enquiry shall be made as early as possible & such proceedings terminates after
completion of six months from the commencement of enquiry, unless for special reasons
to be recorded in writing by the Magistrate for delay.

Chapter IX
Maintenance of Wives, Children & Parents (Sec. 125 to 128)
A) Who are entitled to Maintenance:-
If any person having sufficient means neglects or refuses to maintain his :-

1) Wife, unable to maintain herself.

2) His legitimate or illegitimate major child unable to maintain itself.

3) His legitimate or illegitimate major child unable to maintain itself because of

physical disability.

4) His father or mother, unable to maintain himself or herself.

He may upon proof of such neglect or refused be ordered by J. M. F. C. to make

him monthly allowance for the Maintenance of such person as such Magistrate thinks fit.

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The allowance is payable from the date of the order or application for
maintenance. The term ‘wife’ also includes a divorced wife.

B) Enforcement of order:-

If the person ordered fails without sufficient cause to comply with it, the
magistrate may for every breach there of:-

1) Issue a warrant for levying the amount as if it were a fine &

2) Sentence him for any amount remaining due for whole or part of a month to
imprisonment up to one month.

c) When wife not entitled to maintenance Or Forfeiture of maintenance right of

wife

A wife is not entitled to receive an allowance from her husband & the Magistrate
may cancel the order of maintenance if :-

1) She lives in adultery.

2) Refuse to live with her husband without sufficient reason.

3) They are living separately by mutual consent.

For Ex. If a husband has contracted marriage with another woman or keeps a
mistress, it shall be considered to be just ground for his wife’s refusal to live with him.

D) Hearing & Ex-party order:-

All evidence is taken in presence of the person against whom an order of

maintenance is proposed or before his pleader & is recorded as in a summons case. If he
avoids service of summons or neglects to attend the court, the Magistrate may hear &
determine the case ex-party. An ex-party order may be set-aside for good cause if an
application is made within three months from its date.

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E) Jurisdiction of Court:

Proceeding may be taken in any district:-

1) Where husband is

2) Where he or his wife resides.

3) Where he last resided with wife or the mother of the illegitimate child.

A copy of the maintenance order is given without payment to the person or his
guardian in whose favor it is made & it may be enforced by any Magistrate in ay place
where the person against whom it is made may be

F) Alteration in maintenance:-

The Magistrate may alter the amount of maintenance if the circumstances of the
person either receiving or providing maintenance changes (i.e. changes of circumstances).
Variation or cancellation of the order may be made in accordance with any decision of
Civil Court.

G) Cancellation of order of maintenance:-

In case of an order made in favour of a woman who has been divorced or has
obtained divorce from her husband, the Magistrate shall cancel such order-

1) If the woman has remarried after such divorce.

2) In such case she has been divorced by her husband & if she has received the whole
of the sum payable to her under customary personal law on divorce like dower etc. OR

3) If the woman who has obtained divorce has voluntarily surrendered her right of
maintenance.

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Other Provisions:-

1) The Magistrate may make an order to pay reasonable amount of interim

maintenance to the applicant, pending the final disposal of the maintenance application.
Such an order may be made even ex-party, pending service of notice of application to
opponent.

2) The amount of interim maintenance shall be not less than 30 % of the monthly
income of the respondent.

3) The applicant may also apply for payment of maintenance in lump sum & the
Magistrate may after considering the factors like age, physical condition, economic
conditions, & other liabilities & commitments of both the parties, pass an order that the
respondent shall pay the maintenance in lump sum not exceeding give years at a time or
according to a mutual agreement of the parties.

Chapter X
Maintenance of Public Order & Tranquility (Sec. 129 & 148)

A) Unlawful Assemblies (Sec.129 to 132) :-

1) An Executive Magistrate or Police officer may command any unlawful assembly
to disperse. If he does not disperse, force may be used.

2) If the Assembly cannot be so disbursed & if for public security it should be

disbursed, the E.M. of the highest rank may disperse it by the armed forces.

3) Any military officer may disperse such assembly by military force if public
security is in danger.

4) Sanction of Govt. is necessary for prosecution against any person, Magistrate or

officer for an act done under this chapter in good faith.

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B) Public Nuisance (Sec. 133 to 143) :-

When a District Magistrate, Sub divisional Magistrate or any other Executive

Magistrate considers on receiving a report or other information & taking necessary
evidence that :-

1) Any obstruction or nuisance should be removed from any public place or from any
way, river, channel, etc.

2) Any trade or the keeping of goods is injurious to the health of the community.

3) Any building or substance is likely to cause explosion.

4) Any building, tent, structure or tree is likely to fall & cause injury.

5) Any tank, well, etc should be prevent danger to the public.

6) Any dangerous animal should be destroyed or confined,

He may make an order requiring the person causing the nuisance to do thenecessary
act to remove, prevent or stop it.

C) Urgent cases of Nuisance & apprehended dangers (Sec. 144, 144A):-

1. Power to issue order in urgent cases of Nuisance & apprehended dangers (Sec.
144):-

When District Magistrate, Sub Divisional Magistrate or any other Executive

Magistrate is of opinion that immediate prevention or speedy remedy is desirable, he direct
any person :-

1) To abstain from a certain act.

2) To make certain order with certain property in his possession or management,

If such direction is likely to prevent:-

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a) Obstruction, annoyance or injury to any person lawfully employed.

b) Danger to human life, health or safety.

c) A disturbance of public tranquility or a riot or an affray.

2. Power to prohibit carrying arms in procession or mass drill or mass training with
arms

1. The District Magistrate may, whenever necessary for the preservation of public
peace or public safety or for the maintenance of public order, by public notice or by
order, prohibit in any area within the local limits of his jurisdiction, the carrying of
arms in any procession or the organising or holding of, or taking part in, any mass
drill or mass training with arms in any public place.
2. A public notice issued or an order made may be directed to a particular person or
to persons belonging to any community, party or organisation.
3. No public notice issued or an order made shall remain in force for more than three
months from the date on which it is issued or made.
4. The State Government may, if necessary for the preservation of public peace or
public safety or for the maintenance of public order, by notification, direct that a
public notice issued or order made by the District Magistrate shall remain in force
for six months from the date on which such public notice or order was issued or
made.
5. The State Government may, delegate its powers under Sub-Section (4) to the
District Magistrate.

D) Disputes as to immovable property (Sec. 145 to 148):-

The dispute may be concerning:-

a) Land or water (which includes buildings, markets, crops, fisheries, other

produce, rents or profits.)

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When an E.M. is satisfied from Police report or other information that the dispute
likely to cause a breach of peace exists concerning any and or water, he makes an order
stating grounds requiring the parties in dispute to attend his court & put in writing statement
of their claims as to the fact of actual possession of the subject of dispute.

The Magistrate shall consider the statements & hear the parties & receive evidene
produced by the parties & take further evidence & decide which of the parties was in
possession of the property.

If the Magistrate after making an order :-

1) Considers the case to be emergency or

2) Is of opinion that none of the parties was in possession or

3) Unable to decide as to which of the was in possession.

He may attach the subject of dispute until the competent court decides the rights of
the parties.

b) User of Land or Water :-

When an E.M. is satisfied from Police report of other information that a dispute
likely to cause a breach of peace exists as to right of user of any land or water, he makes
an order in writing stating grounds requiring the parties to attend his court & put in written
statement of their claims.

The Magistrate considers the statement, hears the parties, receivers evidence
produced by parties & decides whether such right exists. If such right exists, he may make
an order prohibiting any interference with its existence & its exercise.

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Chapter XI
Preventive Action of the Police (Sec. 149 to 153)

1) Every Police officer may interpose for preventing the commission of cognizable
offence.
2) On receiving information of design to commit such offence he communicate it to
his superior officer & to any other officer whose duty is to prevent or take cognizance of
the commission of it.

3) He may arrest without a warrant the person so designing, if the offence cannot be
otherwise prevented. Such person shall not be detained for more than 24 hours unless
authorized.

4) He may interpose to prevent any injury to any public property, public landmark or
other mark used for navigation, etc.

5) Any officer incharge of a Police station may without a warrant enter any place
within the limits of such station for inspecting or searching any false weights or measures
or false instruments for weighing, he may seize any such false weights, measures
instruments & give information of such seizure to a Magistrate having jurisdiction.

Chapter XII

Information to the police & their powers (Sec. 154 to 176)

A) Cognizable cases or First Information Report :- (Sec.154)

1) Information relating to commission of a cognizable offence given orally to a

Police officer.

a) Reduced to writing.

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b) Read over to the informant.

c) Signed by the informant.

d) Its substance is entered in a prescribed book.

2) If the information be in writing.

a) It is signed by the informant.

b) The substance thereof be entered in the prescribed book.

3) A copy of information is given to the in informant. The informant may on refusal to

record information send the substance by post to D. S. P. or Commissioner of Police, who
is satisfied either makes investigation himself or orders investigation by his subordinates.

4) Police officer may without the order of Magistrate investigate any cognizable case
after receipt of F. I. R.

5) On receiving information of the commission of such offence, Police officer shall

send report to a Magistrate & proceeds in person or depute his subordinate to investigate
the facts & circumstances of the case & to take measures for the discovery & arrest of the
offender.

6) The report is sent through such superior officer as the state govt. may direct & such
officer gives any necessary instruction to the police officer & transmits it to the Magistrate.

7) The Magistrate may:-

a) Direct investigation.

b) Proceed to hold a preliminary enquiry or depute any subordinate Magistrate to do

so or

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c) Otherwise dispose off the case.

B) Non cognizable cases:- (Sec.155)

In case of information of a Non-cognizable offence, the Police officer enters its

substance in the prescribed book & refers the informant to a Magistrate.

A Police officer does not investigate a non-cognizable case without the order of
Magistrate.

C) Attendance of witnesses:-

A Police officer making investigation may require the attendance of persons

acquainted with the circumstances of the case.

No male under 15 years of age or woman shall be required to attend at any place
other the place in which they resides.

Reasonable expenses of such person may be paid.

He may examine them orally & they are bound to answer truly all questions
relating to the case. Such statements may be reduced to writing.

D) Statement to Police:-

A Statement made to the Police if reduced into writing is not to be used for any
purpose at any enquiry or trial in respect of any offence under investigation at the time
when the statement was made except in some cases & in the prescribed manner.

E) Power to record a statement or confession:-

1) Any M. M. or Judicial Magistrate may, whether or not he has jurisdiction in the

case, record any confession or statements made to him in the course of an investigation
under this chapter or under any other law for the time being in force or at anytime
afterwards before the commencement of the enquiry or trial, but no confession shall be

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recorded by a Police officer on whom any power of a Magistrate has been conferred
under any law for the time being in force.

2) The Magistrate shall, before recording any such confession explain to the person
making it that he is not bound to make a confession & that, if he does so, it may be used as
evidence against him & the Magistrate shall not record any such confession unless, upon
questioning the person making it, he has reason to believe that it is being made voluntarily.

3) If at anytime before the confession is recorded, the person appearing before the
Magistrate state that he is not willing to make the confession, the Magistrate shall not
authorize the detention of such person in Police custody.

4) Any such confession shall be recorded in the manner provided in section 281 for
recording the examination of an accused person & shall be signed by the person making
the confession & the Magistrate shall make a memorandum at the foot of such record to
the following effect :-

“I have explained to (name) that he is not bound to make a confession & that, if he
does so, any confession he may make, may be used as evidence against him & I believe
that this confession was voluntarily made. It was taken in my presence & hearing & was
read over to the person making it & true account of the statement made by him.”

Signature

Magistrate

5) Any statement (other than a confession) made as above shall be recorded in such
manner here in after provided for the recording of evidence as is, in the opinion of the

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Magistrate, best fitted to the circumstances of the case & the Magistrate shall have power
to administer oath to the person whose statement is so recorded.

6) The Magistrate recording a confession a confession or statement under this section

shall forward it to the Magistrate by whom the case is to be inquired into or tried.

Sec. 281:-

Record of examination of accused:-

1) Whenever the accused is examined by a M. M. the Magistrate shall make a

memorandum of the substance of the examination of the accused in the language of the
court & such memorandum shall be signed by Magistrate & shall from part of the record.

2) Whenever the accused is examined by any Magistrate other than M. M. or court of

session, the whole of such examination including every question put to him & every answer
given by him, shall be recorded in full by the presiding judge or Magistrate himself or
where he is unable to do so due to a physical or other incapacity, under his direction &
superintendence by an officer of the court appointed by him.

3) The record shall be in the language in which the accused is examined or if that is
not practicable in the language of the court.

4) The record shall be shown or read to the accused or if he does not understand the
language in which it is written, shall be interpreted to him in a language which he
understands & he shall be at liberty to explain or add to his answers.

5) Thereafter if shall be signed by the accused & by the Magistrate or presiding judge,
who shall certify under his own had that the examined was taken in his presence &hearing
& that the record contains a full & true account of the statement made by the accused.

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F) Search:-

A Police officer may search any place necessary for investigation after recording
in writing the grounds for which search is necessary. He may conduct the search in person
or deputes his subordinate. After recording his reasons, an order in writing is given to the
subordinate officer specifying the place of search. The owner or the occupier of the place
shall be given free of cost a copy of the record of search conducted by Police officer & sent
to the Magistrate.

G) Investigation :- (Or Detention of accused in custody)

1) When a person is arrested & if appears that investigation cannot be completed

within 24 hours, the Police officers forwards the person to the nearest Magistrate along
with a copy of all the entries in his diary.

2) Such Magistrate may from time to time authorize the detention of the accused in
Police custody for a term not exceeding 15 days in the whole.

3) The magistrate may authorize detention otherwise than in police custody for
adequate grounds for 90 days in an offence punishable with death, imprisonment for life
or imprisonment upto 10 years, and 60 days where the investigation relates to any other
matter.

4) After the expiry of said 90 or 60 days the accused is released on bail.

5) A Magistrate authorizing the detention in Police custody shall record reasons for
such Police custody.

6) A subordinate Police officer making an investigation reports the result to the officer
incharge of Police station.

7) If it appears to the officer incharge of Police station that there is no sufficient

evidence, he may release the accused on executing a bond with or without surety, to appear
before Magistrate if required.

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8) If there is sufficient evidence, he may release the accused to a Magistrate along

with articles or weapons seized.

9) The complainant or the witness is not required to accompany a Police officer or he

is not subjected to any restraint or inconvenience.

H) Police diary :- ( Sec. 172)

Every investigation officer enters his proceedings in a Police diary setting forth :-

a) The time at which the information reached to him.

b) The time at which he began & closed his investigation.

c) The place or place visited by him.

d) A statement of the circumstances ascertained through his investigation.

In short, Police diary includes the various stages of investigation conducted by a

Police officer. The entries in Police diary should be made with promptness in sufficient
detail, mentioning all significant fact, in careful chronological order & with complete
objective.

I) Police Report :- ( Section 173)

Every investigation is to be completed without delay & the Police officer shall
forward a Police report to a Magistrate setting forth:-

a) The name of the Parties.

b) The names of persons acquainted with the case.

c) The nature of the information whether an offence has been committed & by
whom.

d) Whether the accused has been arrested.

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e) Whether he has been released on bond with or without surety.

f) Whether he has been forwarded in custody.

g) Where the report of medical examination of the women has been attached where
investigation relates to an offence under Section 376, 376 A to E of IPC

The Police officer shall also:-

a) Communicate the action taken by him to the informant.

b) Send to the Magistrate all documents on which prosecution proposes to rely &
statements of all witnesses recorded.

c) Furnish to the accused, copies of such statement.

• Further investigation by I O ( Section 173 (8)

According to section 173 (8) , A magistrate has ample power to direct further
investigation after submission of the charge sheet by the police even when cognizance
has been taken on the charge sheet.

Nothing in this section shall be deemed to preclude further investigation in respect

of an offence after a report under sub- section (2) has been forwarded to the Magistrate
and, where upon such investigation, the officer in charge of the police station obtains
further evidence, oral or documentary, he shall forward to the Magistrate a furtherreport or
reports regarding such evidence in the form prescribed; and the provisions of sub- sections
(2) to (6) shall, as far as may be, apply in relation to such report or reportsas they apply
in relation to a report forwarded under sub- section (2).

J) Inquest by Magistrate:-

When any person dies in Police custody, the nearest Magistrate may hold an enquiry
into the cause of death. The Magistrate informs the relatives of the deceased & allow them
to be present at the time of enquiry.

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K) Report on suicide, murder & accidental death:-

The Police officer on receiving information regarding suicide, murder or

accidental death.

a) Immediately gives information to the nearest executive Magistrate to hold inquest.

b) Proceeds to the place where the body of the deceased is & in the presence of two
or more respectable persons makes an investigation & draws the report of the case of death
describing wounds, fracture etc.

c) Forwards the report to the E. M. or Sub Divisional Magistrate.

Chapter XIII

Place of Enquiry & Trial or Jurisdiction of Criminal Courts in Enquiries & Trials. (
Sec.177 to 189)

1) Every offence is ordinarily inquired into & tried by a court within whose local
jurisdiction it was committed.

2)

a) When it is uncertain in which of several local areas an offence was committed.

b) Where an offence was committed partly in one local area & partly in another.

c) Where an offence is a continuing one & committed in more local areas than one.

d) Where it consists of several acts done in different local areas.

It may be tried by a court having jurisdiction over any of the local areas.

3) An offence triable by a court within whose jurisdiction:-

a) Any act is done, or

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b) Any consequence of such act has ensure.

4) When an act is an offence by reason of its relation to any other act which is also an
offence, it may be tried by a court within whose local jurisdiction either of the act was
done.

5) The offence of :-

a) Being a thug or murder committed by thug.

b) Of dacoity or murder with dacoity.

c) Escape from custody.

May be tried by a court within whose jurisdiction the offence was committed or
the accused is.

6) Kidnapping or abduction may be tried by court within whose jurisdiction the

person was:-

a) Kidnapped or abducted, or

b) Conveyed, concealed or detained.

7) Theft, extortion or robbery may be tried by a court within whose jurisdiction:

a) The offence was committed, or

b) The property stolen was possessed.

8) Criminal misappropriation or breach of trust may be tried by a court within whose

jurisdiction:-

a) The offence was committed or

b) Any part of the property was received or detained.

c) The property was to be returned or accounted for.

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9) An offence which includes possession of stolen property may be tried by-

a) The court within whose local jurisdiction the offence was committed.

b) The stolen property was possessed knowing it to be stolen.

10) If the offence includes cheating & the deception is practiced by letters or
telecommunication messages, it may be tried by the court within whose local jurisdiction:-

a) Delivered by the person deceived, or

b) Received by the accused.

11) The offence of bigamy, by the court :-

a) Within whose local jurisdiction the offence was committed or

b) The offender last resided with his or her spouse by first marriage or

c) The wife of the first marriage has taken up permanent residence after the
commissions of the offence.

12) An offence committed in the course of a journey may be tried by a court in

whose local jurisdiction:-

a) The offender, or

b) The person against whom, or

c) The thing in respect of which the offence was committed, passed in the
course of that journey.

13) If offences committed are such as can be tried at one trial or if offence committed
by several person such as they can be tried together according to provisions of “Joinder

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of Charges” then trial can be held by anyone court competent to try any one of the offence.

14) The state govt. may direct trial of any case or class of cases committed for trial in
any district to any session’s division but such direction should not by inconsistent to any
direction previously issued by the High Court or the Supreme Court or under the present
code or under any other law.

Chapter XIV
Conditions Requisite for Initiation of Proceeding (Sec. 190 to 199)
1) By a Magistrate:-
Any Magistrate of first class & second class specially empowered may take
cognizance of an offence upon:-

a) Receiving a complaint.

b) A Police report.

c) Information from any person other than a Police officer.

d) His own knowledge.

When a Magistrate taken cognizance of an offence upon information received from

a person other than the Police officer or his own knowledge, the accused is informed that
he is entitled to have the case tried by another Magistrate & if the accused objects, the case
is transmitted to such other Magistrate as is specified by the C. J. M.

C. J. M. may transfer a case of which he has taken cognizance to any competent

Magistrate subordinate to him.

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2) By a Court of Session:-

A court of session does not take cognizance of an offence as a court of original

jurisdiction unless the accused has been committed to it by a competent Magistrate.

Additional Session Judge & Assistant Session Judge try such cases as the High
Court may direct them to try or the Session’s Judge may hand over to them.

B) Exceptions to the rule that “Any person may set the criminal law in motion” :-

No court take cognizance of :-

1) Contempt of lawful authority of public servant or abetment of or criminal

conspiracy to commit such offence, except on the complaint in writing of the public servant
concerned.

2) Offences against public justice, committed in any proceedings in any court or

criminal conspiracy to commit, or abetment of, or attempt to commit, such offence, except
on the complaint in writing of such court.

3) Offences relating to documents given in evidence, or criminal conspiracy to commit

or attempt to commit or abetment of such offence, except on the complaint in writing of
such court.

4) A witness or any other person may file the complaint in relation to an offence under
Section 195 (A) of IPC.

5) Offences against the state or criminal conspiracy to commit, or abetment of such an

offence, without the previous sanction of the central or state govt.

6) Criminal conspiracy punishable u/s. 120 B of I. P. C. (other than the conspiracy to

commit a cognizable offence punishable with death, imprisonment for life or rigorous
imprisonment for two years or upwards).

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7) Offence committed, while acting in the discharge of his duty, by a judge, a

Magistrate or a public servant, without the sanction of that govt.

8) Offence committed by member of armed forces of the union, in discharge of official

duties, without the previous sanction of the central govt.

9) Offences relating to marriage, except upon a complaint by some aggrieved person

for ex. In case of adultery of wife, the husband of the woman must file complaint.

10) Offences consisting of a rape by a man with his own wife under 15 years of age, if
more than one year has elapsed from the date of the commission of the offences.

12) Offences of cruelty to woman by her husband u/s. 498 A of I. P. C. except upon
complaint made by the person aggrieved or by her father, mother, brother, sister or other
near relative by blood, marriage or adoption.

13) Offences under Section 376 (B) of IPC, where the persons are in marital relationship
except upon a complaint filed by wife against the husband

14) Offences relating to reputation like defamation, except upon complaint by

aggrieved person.

15) Defamation of public servant like President of India, Governor of State, Minister
or any public servant, except on complaint made by Public Prosecutor to a court of session.

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Chapter XV
Complaints to Magistrates (Sec. 200 to 2013)
A) Examination of Complaint (Sec. 200) :-
A Magistrate taking cognizable of an offence on complaint shall examine upon oath
the complaint & the witnesses & the substance of such examination shall be reduced to
writing & shall be signed by the complaint, witness & Magistrate.

But when the complaint is made in writing, the Magistrate need not examine the
complainant & the witnesses:-

1) If a public servant acting in discharge of his duties or a court has made a complaint.

2) If the Magistrate makes over the case for enquiry or trial to another Magistrate.

B) Procedure by Magistrate not competent to take cognizance of the case :-

(Sec.201)

If the complaint is made to a Magistrate who is not competent to take cognizance

of the offence, he shall:-

1) If the complaint is in writing return it for the presentation to the proper court with
an endorsement to that effect.

2) If the complaint is not in writing, direct the complaint to the proper court.

C) Postponement of issue of process (Sec. 202) :-

1) Any Magistrate, on receipt of a complaint may postpone the issue of process against
the accused, & either enquire into the case himself or direct on investigation to be made by
a police officer for the purpose of deciding whether or not there is sufficient grounds for
proceeding.

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2) In an enquiry, the Magistrate may take evidence of witness on oath. If it appears to

the Magistrate that the offence is triable by court of session, he shall call upon the
complainant to produce all his witness & examine them on oath.

3) If an investigation is made by a person not being a police officer, he shall have all
the power of Police officer regarding investigation.

D) Dismissal of complaint:- ( Sec.203)

If after considering the statement on oath of the complainant & witnesses & the
result of the enquiry or investigation, the Magistrate is of opinion that there is nosufficient
ground for proceeding, he shall dismiss the complaint & in every such case he shall briefly
record his reasons for so doing.

Chapter XVI
Commencement of Proceedings before Magistrate (Sec. 204 to 210)
A) Issue of Process: - (Sec.204)
If there is sufficient ground for proceeding, the Magistrate:-

1) In a summons case, issue a summons for the attendance of the accused or

2) In a warrant case, issues a summons or warrant for the attendance of the accused.

A copy of complaint should accompany summons or warrant. Process will be issued

on payment or process fees.

Personal attendance may be dispensed with if summons is issued & the accused may
be permitted to appear by pleader, but the Magistrate may enforce his attendance at any
stage of proceedings. (Sec.205)

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B) Summons is petty offences: - (Sec.206)

In case of offences punishable with fine up to Rs. 1000/- which may be summarily
disposed off, the Magistrate issues summons to the accused requiring him :-

1) To appear himself or by pleader on a specified date or

2) Where the accused so desire to plead guilty & transmit by post the said plea & the
amount of fine as specified in the summons or

3) To appear by pleader, plead guilty through him & pay the fine.

C) Supply of copies to accused: - (Sec.207)

Where proceeding is instituted on policy report, the Magistrate furnishes free of

cost to the accused copies of:-

1) The Police report,

2) The F.I.R.

3) Statement of all persons, whom the prosecution proposes to examine as witness,

4) Confession or other statement recorded before Magistrate &

5) Any other document or relevant extract which were forwarded to the Magistrate
by the Police.

D) Supply of copies by Court of Session:- ( Sec. 208)

In case of offence triable by Court of Session, the Magistrate furnishes to the

accused free of cost copies of:-

a) Statement recorded by him u/s. 200 or 202,

b) Statement & confessions u/s. 161 & 164,

c) Documents produced before the Magistrate on which prosecution relies.

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E) Commitment to Court of Session:- (Sec.209)

Where the offence is triable by the court of session, Magistrate:-

1) Commits the case to the court of session,

2) Remands the accused to custody,

3) Sends to the session’s court record of the case & documents & articles to be
produced in evidence.

4) Notifies the public prosecutor about commitment.

Chapter XVII
Charges (Sec. 211 to 224)
A) Forms of Charges:- ( Sec.211 to 217)
The following are the essentials of a charge:

1) The charge should state the offence with which the accused is charged.

2) If the offence has a specific name it may be described by that name otherwise
definition of the offence must be stated.

3) The law & section should be mentioned.

4) The charged shall be in the language of the court.

5) If previous conviction of accused is to be proved, the fact, date & place of offence
& the person against whom or the things in respect of which it was committed should be
stated.

6) When the charge is of criminal breach of trust or misappropriation of money or

movable property, it is sufficient to specify the gross sum or describle movable property.

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7) Particulars of the manner in which the offence was committed.

Effect of errors:-

No error or omission in stating the offence or particulars is regarded as material

unless the accused is misled by it & it occasions failure of justice.

Alteration of charges:-

Any court may alter or add to any charge at any time before judgment is
pronouncement. Such alternation or addition is read over & explained to the accused.

B) Joinder of Charges: - ( Sec.218-224)

Generally “for every distinct offence there is a separate charge & every such
charge is tried separately” (Sec.218) to this following are the exceptions:-

1) All or any number of charges framed against an accused can be tried

together:-

a) If the accused person by an application in writing so desires &

b) If the Magistrate thinks that no prejudice will be caused.

2) When a person is accused of more offences than one of the same kind committed
within one year, he may be charged within one year, he may charged with & tried at one
trial for any number of them not exceeding three. (Sec.219)

3) If, in one series of act so connected together as to form the same transaction, more
offence than one are committed by the same person, he may be charged with & trial for
every such offence.

4) When a person is charged with one or more offences of criminal breach of trust or
dishonest misappropriation of property he may be charged with one or more offences like
falsification of accounts, for concealing or facilitating the commission of such offence.

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5) If the act alleged constitutes an offences falling within two or more definitions of
any law, the person accused of them may be charged with & tried at one trial for each of
such offences.

6) If several acts of which one or more than one would be itself constitute an offence,
constitute when combined a different offence, the person accused of them may be charged
with & tried at one trial both offences. (Sec.220)

7) Where it is doubtful on facts proved which offences has been committed, the
accused may be charged with all or any of the offences & any number of such may be tried
at once. (Sec.221)

8) a) When a person is charged with an offence consisting of several particulars, and

some of the particulars constitute a minor offence, he may be convicted of minor offence.

b) When a person is charged with an offence and facts are proved which reduce
it to minor offence, he may be convicted of the minor offence.

c) When a person is charged with an offence he may be convicted of an attempt

to commit it.

9) The following persons may be charged and tried together:-

a) Persons accused of same offence in the course of same transaction.

b) Persons accused and persons accused of abetment and attempt.

c) Persons accused of more than one offence of same kind jointly committed
within 12 months.

d) Persons accused of different offences committed in the course of same

transaction.

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e) Persons accused of theft, extortion, cheating or misappropriation and

receiving stolen property or abetment or attempt.

f) Persons accused of offences under Section 411 and 414 of IPC

g) Persons accused of an offence under chapter XII of IPC

h) If accused apply in writing to be tried together and magistrate is of opinion

that they will not be prejudiced.

Illustration of Joinder of Charges: -

1. A is accused of a theft on one occasion, and of causing grievous hurt on another

occasion. A must be separately charged and separately tried for the theft and causing
grievous hurt. ( Section 218)
2. If A, B, C and D all of them being subject to military law commit the offences of
house breaking and theft, they could be jointly charged with the offences committed
by them together.
3. A, with six others, commits the offences of rioting, grievous hurt and assaulting a
public servant endeavouring in the discharge of his duty as such to suppress the riot.
A may be separately charged with, and convicted of, offences under sections 147,
325 and 152 of the Indian Penal Code (Section 220)
4. A is accused of an act which may amount to theft, or receiving stolen property, or
criminal breach of trust or cheating. He may be charged with theft, receiving stolen
property, criminal breach of trust and cheating, or he may be charged with having
committed theft, or receiving stolen property, or criminal breach of trust or cheating.
( Section 221)
5. A is charged, under section 325 of the Indian Penal Code (45 of 1860), with causing
grievous hurt. He proves that he acted on grave and sudden provocation. He may be
convicted under section 335 of that Code. ( Section 222)

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Chapter XVIII
Trial before Court of Session (Sec. 225 to 237)
1) Conducted by public prosecutor:-
The trial before Court of Session is conducted by the public prosecutor.

2) Opening case for prosecution:-

P. P. opens case by describing the charge & stating by what evidence he proposed
to prove the guild of the accused.

3) The judge may discharge the accused if on consideration of record of the case &
documents submitted & hearing submission of the prosecution, he considers there is not
sufficient ground, he records his reasons for discharge.

4) Framing of Charge:-

a) If the Judge is of opinion that the case is not exclusively triable by him, he may
frame a charge & transfer the case to the C. J. M.

b) Otherwise, he frames a charge against the accused which is read & explained to
the accused.

5) Conviction on plea of guilty :-

If he pleads guilty, the Judge records the plea & may convict him.

6) Date for prosecution :-

If he claims to be tried or refuses to plead or does not plead guilty or he is not

convicted under above section, the Judge fixes a date for examination of witnesses i. e.for
prosecution evidence.

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7) Evidence of Prosecution:-

On a date so fixed, the Judge takes evidence produced by the prosecution including
the examination of witnesses.

8) Acquittal:-

If after the prosecution evidence, examination of the accused, hearing the

prosecution & defense, the Judge considers that three is no evidence that the accused
committed the offence, he records an order of acquittal.

9) Entering upon defense:-

The Judge calls on the accused to enter on his defense if not acquitted, the Judge
files the written statement put in by the accused & issues process for compelling attendance
of witnesses or for production of document or thing applied by the accused.

10) Arguments;-

When examination of defense witnesses is complete, the P. P. sums up his case &
the defense gives its reply. If the defense raises a point of law, the prosecution may, with
the permission of the court, reply there to.

11) Judgment:-

After hearing arguments & points of law, the Judge delivers his Judgment, if he
convicts the accused, he hears him on the question of sentence & passes sentence on him.

12) Previous Conviction:-

In case of previous conviction alleged by the prosecution & denied by the accused,
the Judge only after convicting the accused takes evidence of such previous conviction &
records his finding thereon.

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Procedure in cases of defamation of public servant:-

1) The Judge taking cognizance of such an offence follows the procedure for the trial
of warrant cases instituted otherwise than on police report.

2) The person against whom the offence is alleged is examined as witness for
prosecution.

3) The trial is held in camera, if either party so desires or the court so thinks fit.

4) If the Judge discharges or acquits the accused, the Judge ask the person against
whom the offence is alleged to have been committed to show cause why he should not pay
compensation to the accused, except certain person like President, Vice-President, The
Governor of State or the Administrator of Union Territory.

5) If the court is not satisfied with the cause shown, it awards compensation to the
accused upto Rs. 1000/-

6) The person may appeal against the order of compensation to the High Court &
compensation is not to be paid before the period of appeal has expired or appeal is decided.

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Chapter XIX
Trial of Warrant cases by Magistrate (Sec. 238 to 250)
A) Cases instituted on Police report :-

1) Compliance with section 207:-

Where a case is instituted on police report, the Magistrate has to be satisfied himself
that the documents & records specified in section 207 have been furnished to the accused.

2) Discharge:-

If after considering the Police report, the documents, record & after hearing the
prosecution & accused to be groundless, he shall discharge him.

3) Framing of charge:-

If the Magistrate comes to the opinion that the accused has committed an offence
which he is competent to try, he shall frame charge. The charge shall be read & explained
to the accused & he shall be asked whether he is guilty or claims to be tried.

4) Conviction on plea of guilty:-

If the accused pleads guilty, the Magistrate shall record plea & the accused may be
convicted thereon.

5) Evidence of prosecution:-

If he refuses to plead or does not plead or claims to be tried, the Magistrate shall fix
a date for the examination of witnesses. On that date the Magistrate shall takeevidence
produced by prosecution. The Magistrate may permit cross examination of any witness or
call any witness for further cross examination.

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6) Evidence of defense:-

The accused shall than be called upon to enter upon his defense & produce his
evidence. If the accused puts in any written statement, the Magistrate shall file it with the
record.

B) Cases instituted otherwise than on Police report :-

1) Evidence for prosecution (Hearing before charge) :-

When accused person appears or is brought before Magistrate, the Magistrate hears
the prosecution, takes evidence in support of prosecution. The Magistrate may summons
witnesses.

2) Discharge:-

After taking evidence if he finds that no case against the accused has been made
out, the discharges him after recording his reasons.

3) Procedure:-

Where accused is not discharged:-

a) If he is of opinion that there is ground for presuming that accused has committed an
offence, he frames a charge.

b) The charge is read & explained to the accused & he is asked whether he is guilty
or claims to be tried. If he pleads guilty, the Magistrate records the plea & may convict
him.

c) If the accused refuses to plead or claims to be tried, before hearing he is required

to state whether he wishes to cross examine the witnesses of the prosecution. Thewitnesses
named by him are recalled for cross examination & re-examination. Any other remaining
witnesses of the prosecution are also examined.

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4) Evidence of defense:-

The accused is then called upon to enter his defense, produce his evidence. If the
accused puts written statement, it is filed with the record. If the accused applied for process
for compelling the attendance of witnesses, the Magistrate issues process.

C) Conclusion of Trial:-

1) Acquittal or conviction:-

If the Magistrate finds that the accused is not guilty, he records an order of
acquittal. When he finds the accused guilty, sentences him according to law after hearing
the accused on the question of sentence.

2) Previous conviction:-

If a previous conviction is charged, then the Magistrate after convicting the accused,
takes evidence with regard to such previous conviction.

3) Absence of complaint:-

In case of accusation without reasonable cause, if the Magistrate discharges or

acquits the accused, he may order the complaint to pay compensation to the accused.

• Difference between a discharge and acquittal

Discharge can be done before the charges are framed whereas Acquittal can be done
only when the trial concludes.

Discharge does not mean that the accused has not committed the offence, It just means
that there is not enough evidence to proceed with the trial. Most importantly, If any
evidence is gathered later on, the accused may be tried again.

Acquittal means that the accused has been held innocent and the accused cannot be
tried again for the same offence once he has been acquitted.

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SESSION TRIAL

DISCHARGE: As per Section 227 if, upon consideration of the record of the case and the
documents submitted therewith, and after hearing the submissions of the accused and the
prosecution in this behalf, the Judge considers that there is not sufficient ground for
proceeding against the accused, he shall discharge the accused and record his reasons for
so doing.
ACQUITTAL: If after evaluating the evidence given by the prosecution, the judge
considers that there is no evidence that the accused has committed the offence, the judge
acquits the Accused person under Section 232.
However, if the offender is not acquitted under Section 232, he is permitted to give his
defence and evidence. After hearing the arguments of both the parties, the court may acquit
of convict the person under Section 233.

TRIAL OF WARRANT CASES BY MAGISTRATE

DISCHARGE: As per Section 239, 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.
ACQUITTAL: As per Section 248, if, in any case under this Chapter in which a charge has
been framed, the Magistrate finds the accused not guilty, he shall record an order of
acquittal.

• Difference between Summons Trial and Warrant Trial: -

1. Framing of a formal charge is necessary in a warrant case but it is not necessary in

a summons case.

2. When the charges reveal both, a warrant case and a summons case, the former is to
be preferred.

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3. A charge under warrant case cannot be split up into its constituents for trial under
a summons case.

4. In a warrant case, the accused gets more than one opportunity to cross- examine the
prosecution witnesses whereas in a summons case he gets only one opportunity to
cross-examine the prosecution witnesses.

5. A warrant case may result into discharge of the accused under Section 249 in the
absence of the complainant but in a summons case, the result would be acquittal of
the accused under Section 256 of the Code.

6. In a warrant case a complaint cannot be withdrawn by the complainant but in a

summons case the complainant may withdraw the complaint with the permission
of the Magistrate.

7. The Magistrate is empowered to convert a summons case into a warrant case

under Chapter XX of the Code but a warrant case cannot be converted into a
summons case.

8. In a warrant case, after convicting the accused, the Magistrate may take evidence
regarding the alleged previous conviction, which is not admitted by the accused,
and shall record his finding thereon. But no such power is conferred on the
Magistrate while trying the accused in a summons case.

9. In a summons case, after the issue of summons, the accused may plead guilty by
post without appearing before the Magistrate. But no such provision exists in trial
of a warrant case

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Chapter XX
Trial of Summons cases by Magistrate (Sec. 251 to 259)

1) Substance of accusation to be stated:-

The particulars of offence with which the accused is charged are stated to him &
he is asked whether he pleads guilty or has any cause to show. It is not necessary to frame
a formal charge.

2) Conviction on plea of guilty:-

If the accused pleads guilty, the Magistrate shall record the plea & convict him.

3) Conviction in petty offences:-

If a summons for petty offences has been issued, the accused may plead guilty even
without appearing before Magistrate & send the plea & the specified amount by postor
through his pleader. The Magistrate convicts him & adjust fine from such amount.

4) Procedure when not convicted:-

If the accused does not admit or if the Magistrate does not convict him, the
Magistrate hears:-

a) The prosecution & takes evidence in support of prosecution &

b) The accused & takes evidence for the defense.

The Magistrate on the application of the prosecution or accused, may be deposited

in court by the applicant.

5) Acquittal or conviction:-

If the Magistrate upon taking the evidence finds the accused not guilty, he records
an order of acquittal.

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If he finds that the accused is guilty, he passes sentence upon him according to
law.

6) Non appearance or death of complainant:-

If the summons has been issued on complainant & on the day appointed for the
appearance of the accused or any day subsequent thereto, to which the hearing may be
adjourned, the complainant does not appear, the Magistrate shall acquit the accused, unless
for some reason he thinks it proper to adjourn the hearing of the case to some other day.

If the Magistrate is of opinion that the personal attendance of a complainant is not

necessary, the Magistrate may dispense with his attendance & proceed with the case, when
the complainant is represented by a pleader.

The above provisions shall also apply to cases where the non appearance of the
complainant is due to his death.

7) Withdrawal of complainant :- ( Section 257)

If a complainant, at anytime before a final order is passed in any case under this
chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to
withdraw the complaint against the accused, the Magistrate may permit him to withdraw
the complaint & shall acquit the accused against whom the complaint is so withdrawn.
(For withdrawal from prosecution see Section 321 Cr.P.C )

8) Power to stop proceeding in certain cases (Stay of Proceeding) :- (Section 258)

In any summons case instituted otherwise than upon complaint, the J.M.F.C. or with
the previous sanction of C.J.M. any other Judicial Magistrate, may for reasons to be
recorded by him, stop the proceedings at any stage without pronouncing any judgment.

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Where such stoppage of proceedings is made after the evidence of the principal
witnesses has been recorded, pronounce a judgment of acquittal & in any other case, release
the accused & such release shall have the effect of discharge.

9) Power of court to convert summons case relating to an offence punishable with

imprisonment for a term exceeding six months, it appears to the Magistrate in the interest
of Justice, the offence should be tried in accordance with the procedure for the trial of
warrant cases, such Magistrate may proceed to rehear the case in the manner prescribed
the this code for the trial of warrant cases & may recall any witness who may have been
examined.

Chapter XXI
Summary Trials (Sec. 260 to 263)
A) Power to try summary:-
The C.J.M., M.M. & J.M.F.C. specially empowered by the High Court may try in
a summary way the following offences:-

1) Offences not punishable with death, imprisonment for life or imprisonment

exceeding two years.

2) Theft where the value of property does not exceed Rs. 200/-.

3) Receiving or retaining stolen property where its value does not exceed Rs. 200/-.

4) Assisting in the concealment or disposal of stolen property where its value does
not exceed Rs. 200/-.

5) Offences of lurking house trespass or house breaking & such offence by night.

6) Insult with intent to provoke a breach of the peace & criminal intimidation.

7) Abetment of any of the above offences &

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8) Offences U/s. 20 of the Cattle Trespass Act 1871.

In a summary trial if it appears to the Magistrate that it is undesirable to try the case
summarily, he recall witnesses who may have been examined & proceeds to hear the case
in the ordinary manner.

B) Summary trial by Magistrate of Second Class :-

The High Court may confer power of summary trial on second class Magistrate in
case of offences which are punishable with fine only or with imprisonment not exceeding
six months with or without fine & abetment to commit any of such offences.

C) Procedure for summary trials :-

1) The procedure prescribed for summons case is followed.

2) No sentence of imprisonment exceeding three months is passed.

D) Record in summary trials :-

The Magistrate enters in the prescribed maner in a prescribed form, the following
particulars:-

1) The serial number of the case.

2) The date of the offence.

3) The date of the Police report or complaint.

4) The name of the complaint.

5) The name parentage & residence of the accused.

6) The offence complained off, the offence proved & the value of property in
cases relating to property.

7) The plea of the accused & his examination.

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8) The finding of the accused & his examination.

9) The sentence or other final order.

10) The date of the termination of the proceedings.

E) Judgment in cases tried summarily :-

In every cases tried summarily in which the accused does not plead guilty, the
Magistrate has to record the substance of evidence & judgment containing a statement of
the reasons for the finding in brief.

F) Language of record & Judgment :-

Every such record & judgment shall be written in the language of the court.

The High Court may authorizes any Magistrate empowered to try offences
summarily to prepare the above said record or judgment or both by means of an officer
appointed in this behalf by the C. J. M. & the record or judgment so prepared shall be
signed by such Magistrate.

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Chapter XXI A

Plea Bargaining:-

RELEVANT PROVISION & PROCEDURE FOR PLEA BARGAINING

1. Application of the Chapter (Section 265A) :-

The plea bargaining shall be available to the accused who is charged of any offence
other than offences punishable with death or imprisonment or for life or of an
imprisonment for a term exceeding to seven years.
Section 265 A (2) gives power to notify the offences to the Central Government.
2. Application for P B (Section 265-B) :-
a. Contemplates an application for plea bargaining to be filed by the accused which
shall contain a brief details about the case relating to which such application is
filed, including the offences to which the case relates and shall be accompanies
by an affidavit sworn by the accused stating therein that he has voluntarily
preferred the application, the plea bargaining the nature and extent of the
punishment provided under the law for the offence, the plea bargaining in his
case that he has not previously been convicted by a court in a case in which he
had been charged with the same offence.
b. The court will thereafter issue notice to the public prosecutor concerned,
investigating officer of the case, the victim of the case and the accused for the
date fixed for the plea bargaining.
c. When the parties appear, the court shall examine the accused in-camera wherein
the other parties in the case shall not be present, with the motive to satisfy itself
that the accused has filed the application voluntarily.
3. Guidelines for mutually satisfactory disposition (Section 265-C )

Prescribes the procedure to be followed by the court in working out a mutually

satisfactory disposition.

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a. In a case instituted on a police report, the court shall issue notice to the public
prosecutor concerned, investigating officer of the case, and the victim of the case
and the accused to participate in the meeting to work out a satisfactory
disposition of the case.
b. In a complaint case, the Court shall issue notice to the accused and the victim
of the case.
4. Report of the mutually satisfactory disposition submitted before court (Section
265-D):-

Deals with the preparation of the report by the court as to the arrival of a mutually
satisfactory disposition or failure of the same. If in a meeting under section 265-C, a
satisfactory disposition of the case has been worked out, the Court shall prepare a report
of such disposition which shall be signed by the presiding office of the Courts and all
other persons who participated in the meeting. However, if no such disposition has been
worked out, the Court shall record such observation and proceed further in accordance
with the provisions of this Code from the stage the application under section 265-B (1)
has been filed in such case.

5. Disposal of the Case (Section 265-E) :-

Prescribes the procedure to be followed in disposing of the cases when a

satisfactory disposition of the case is worked out.

a. After completion of proceedings under S. 265 D, by preparing a report signed

by the presiding officer of the Court and parities in the meeting, the Court has to
hear the parties on the quantum of the punishment or accused entitlement of
release on probation of good conduct or after admonition. Court can either
release the accused on probation under the provisions of S. 360 of the Code or
under the Probation of Offenders Act, 1958 or under any other legal provisions
in force, or punish the accused, passing the sentence.

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b. While punishing the accused, the Court, as its discretion, can pass sentence of
half of the minimum punishment, if the law provides such minimum punishment
for the offences committed by the accused or
c. If such minimum punishment is not provided, can pass a sentence of one fourth
of the punishment provided for such offence.
6. Section 265-F deals with the pronouncement of judgment in terms of mutually
satisfactory disposition.
7. Section 265-G says that no appeal shall be against such judgment.
8. Section 265-H deals with the powers of the court in plea bargaining. A court for the
purposes of discharging its functions under Chapter XXI-A, shall have all the powers
vested in respect of trial of offences and other matters relating to the disposal of a case
in such Court under the Criminal Procedure Code.
9. Section 265-I specifies that Section 428 is applicable to the sentence awarded on plea
bargaining.
10. Section 265-J talks about the provisions of the chapter which shall have effect
notwithstanding anything inconsistent therewith contained in any other provisions of
the Code and nothing in such other provisions shall be construed to contain the meaning
of any provision of chapter XXI-A.
11. Section 265-K specifies that the statements or facts stated by the accused in an
application for plea bargaining shall not be used for any other purpose except for the
purpose as mentioned in the chapter.
12. " Section 265-L makes chapter not applicable in case of any juvenile or child as defined
in Section 2(k) of Juvenile Justice (Care and Protection of Children) Act, 2000.

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Chapter XXIV
General Provisions as to Enquiries & Trials.

A) Previous acquittals or conviction (Sec. 300) :-

The general principle is that a person once convicted or acquitted not to be tried
for the same offence once again.

According to Sec. 300, a person :-

1) Who was once been tried for an offence,

2) B a competent court,

3) Convicted or acquitted for an offence,

4) Is not liable to be tried for any other offence for which a different charge might have
been made.

This section lays down the principle of “double jeopardy” as declared in Article
20(2) of the Indian Constitution “no person shall be prosecuted or punishable for the
same offence more than once.”

It is based on the Latin Maxim “nemo debt vis vexari” which means that a person
cannot be vexed (i.e. tried second time) for an offence with which he was previously
charged.

In order to bar the trial of any person already tried, it must be shown :-

1) That he has been tried by the competent court for the same offence or for which he
might have been charged or convicted at that trial, on the same facts.

2) That he has been convicted or acquitted at the trial.

3) That such conviction or acquittal was in force.

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The provisions of previous acquittal or conviction are based on the English doctrine
of “Autrofois acquit & Autrofois convict”.

For eg. ‘A’ is tried upon a charge of criminal breach of trust as public servant ‘A’
was acquittal because the permission of Govt. was not taken before filing the prosecution.
‘A’ cannot be tried for second time after obtaining permission from Govt. for the same
offence under the principle laid down in Sec. 300.

Exception :-

Following are the exception to the principle that “person once convicted or acquitted
not to be tried once again for the same offence”.

1) A person acquitted or convicted of any offence may be tried with the consent of
the state govt. for any distinct offence for which a separate charge might have been made
against him under this code.

2) A person convicted of an offence constituted by any act causing consequence which

together with such an act constitute a different offence from that for which he was
convicted, may be tried for such offence, if the consequences had not happened or where
not known to the court to have happened when he was convicted.

Illustration ‘A’ is tried for grievous hurt & convicted. The person injured
afterwards dies due to the grievous hurt. ‘A’ may be tried again for culpable homicide or
murder.

3) A person acquitted or convicted of an offence constituted by any acts may be tried

for any other offence constituted by the same acts, if the court by which he was first tried
was not competent to try the subsequent offence with which he is charged.

Illustration ‘A’ is charged by a Magistrate of second class & convicted by him of

theft of property from the person of ‘B’. ‘A’ may subsequently be charged with & tried for
robbery on the same facts by J.M.F.C.

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The dismissal of complaint or discharge of an accused is not an acquittal under

this section.

B) Tender of Pardon to accomplice (Sec. 306 & 307) :-

1) With the view to obtaining the evidence of any person supposed to have been
directly or indirectly concerned in an offence, the C. J. M. or M.M. at any stage of
investigation or enquiry or trial may tender a pardon to such person on condition of his
making a full & true disclosure of the whole of the circumstances within his knowledge
relating to the offence & to every other person concerned as principal or abettor in the
commission of offence.

2) This section applies to :-

a) Offences triable exclusively by court of session.

b) Offences triable exclusively by a special judge appointed under the

Criminal Law Amendment Act 1952.

c) Offences punishable with imprisonment of seven years or more.

3) The power under this section is exercised :-

a) Where the offence is under investigation, enquiry or trial, by the C.J.M. or

M.M.

b) Where the offence is under enquiry or trial, by the J.M.F.C. inquiring into
or trying the offence.

4) The Magistrate records his reasons for tendering pardon & also records whether
such person accept the tender.

5) Magistrate furnishes a copy of the order to the accused.

6) The person accepting a tender of pardon is examined as witness.

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7) The court to which the commitment is made may at anytime before judgment is
passed, with a view to obtaining the evidence of any person supposed to have been directly
or indirectly concerned in any such offence, tender a pardon to such person on the
conditions stated above.

8) Non-compliance with conditions of pardon:-

The person accepting pardon may be tried for an offence in respect of which the
pardon was tendered or for any other offence of which he is guilty in respect of the same
matter & also for the offence of giving false evidence, if the P.P. certifies that he has :-

a) By willfully concealing any essential thing, or

b) By giving false evidence,

Not complied with the conditions on which the tender was made.

C) Power to proceed against other persons appearing to be guilty of offence

(Section 319)

1. Where, in the course of any inquiry into, or trial of, an offence, it appears from the
evidence that any person not being the accused has committed any offence for which
such person could be tried together with the accused, the Court may proceed against
such person for the offence which he appears to have committed.

2. Where such person is not attending the Court he may be arrested or summoned, as
the circumstances of the case may require, for the purpose aforesaid.

3. Any person attending the Court although not under arrest or upon a summons, may
be detained by such Court for the purpose of the inquiry into, or trial of, the offence
which he appears to have committed.

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4. Where the Court proceeds against any person under Sub-Section (1) then—

a. the proceedings in respect of such person shall be commenced afresh, and witnesses
re-heard;

b. subject to the provisions of clause (a), the case may proceed as if such person had
been an accused person when the Court took cognizance of the offence upon which the
inquiry or trial was commenced.

D) Compounding of offences (Sec. 320) :-

There are certain offences which may be compounded by the aggrieved person
mentioned in the table i.e. third column of the table to sub section 1.

There are other offences which cannot be so compounded except with the
permission of court, as mentioned in the table under subsection 2.

The offences which are not specified in the above two tables are declared as Non-
compoundable.

Therefore the offences are divided into three categories :-

1) Compoundable

2) Compoundable with permission of court &

3) Non-compoundable.

Other provisions:-

1) When an offence is compoundable, the abetment or attempt to commit such

offence is also compoundable.

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2) When the person who can compound the offence is under 18 yrs, or is an idiot or a
lunatic, any person competent to contract on his behalf may with the permission of the
court compound such offence.

3) When such person is dead, his legal representative may with the permission of court
compound such offence.

4) When the accused has been committed for trial, or convicted & an appeal is pending,
no composition is allowed without the leave of the court to which he is committed or before
which the appeal is to be heard.

5) The High Court or court of session may allow any person to compound any offence
which he is competent to compound.

6) An offence cannot be compounded where the accused because of a previous

conviction is liable to enhanced sentence or different kind of sentence.

7) The composition of an offence has to effect of an acquittal of the accused with whom
the offence has been compounded.

E) Withdrawal from Prosecution (Section 321):-

Any public prosecutor or Assistant Public Prosecutor may, with the consent of the
court, before the judgment is pronounced, withdraw from the prosecution of nay person
either generally or in respect of any offence, and upon such withdrawal-

a. If it is made before a charge has been framed the accused is discharged in respect
of such offence
b. If it is made after a charge has been framed, or when no charge is required, he is
acquitted in respect of such offence. Prior consent of the Central Govt. is
necessary for a public prosecutor in cases of offences against any law relating to
a matter to which the executive power of the union extend , investigated by the
Delhi Special Police Establishment, involving misappropriation,

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destruction of or damage to central Govt. Property , or committed by Central

Govt. servant acting or purporting to act in the discharge of his official duty, for
withdrawal from prosecution

Chapter XXVII
Judgment (Sec. 353 to 363)
A) Judgment: - Sec.353
The Judgment in every trial in any criminal court shall be pronounced in open
court:-

a) By delivering the whole of the judgment or

b) By reading out the whole of the judgment or

c) By reading out the operative part of the judgment & explaining the substance of
the judgment in a language which is understood by the accused.

B) Language & contents of judgment:- Sec.354

A Judgment:-

1) Shall be written in the language of the court i.e. English or Marathi.

2) Shall contain:-

i) The points for determination,

ii) The decision theron, &

iii) The reasons for the decisions

3) Shall specify the offence & the section of the law under which the accused is
convicted & the punishment to which he is sentenced.

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C) Metropolitan’s Magistrate Judgment: - Sec.355

A M.M. shall record the following particulars in the judgment, instead of recording
a judgment as above:-

1) The serial number of the case.

2) The date of the commission of the offence.

3) The name of the complainant.

4) The name of the accused person & his parentage & residence.

5) The offence complained of or proved.

6) The plea of the accused & his examination.

7) The final order.

8) The date of such order.

9) A brief statement of the reasons for the decision.

D) Order for notifying address of previously convicted offender – Sec.356

When any person having been convicted for an offence with imprisonment for a
term of three years or upwards, is again convicted, the court may also order that his
residence be notified for a term not exceeding five years.

E) Order to pay compensation – Sec.357

When a court imposes a sentence of fine, the court may order the fine to be
applied-

a) In defraying the expenses of prosecution

b) In payment of compensation for any loss or injury caused to any person by the
offence, etc.

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F) Victim compensation scheme (Sec.357 A)

1. Every State Government in co-ordination with the Central Government shall

prepare a scheme for providing funds for the purpose of compensation to the victim
or his dependents who have suffered loss or injury as a result of the crime and who,
require rehabilitation.
2. Whenever a recommendation is made by the Court for compensation, the District
Legal Service Authority or the State Legal Service Authority, as the case may be,
shall decide the quantum of compensation to be awarded under the scheme referred
to in sub-section (1)
3. If the trial Court, at the conclusion of the trial, is satisfied, that the compensation
awarded under section 357 is not adequate for such rehabilitation, or where the cases
end in acquittal or discharge and the victim has to be rehabilitated, it may make
recommendation for compensation.
4. Where the offender is not traced or identified, but the victim is identified, and where
no trial takes place, the victim or his dependents may make an application to the
State or the District Legal Services Authority for award of compensation.
5. On receipt of such recommendations or on the application under sub-section (4), the
State or the District Legal Services Authority shall, after due enquiry award
adequate compensation by completing the enquiry within two months.
6. The State or the District Legal Services Authority, as the case may be, to alleviate
the suffering of the victim, may order for immediate first-aid facility or medical
benefits to be made available free of cost on the certificate of the police officer not
below the rank of the officer incharge of the police station or a Magistrate of the
area concerned, or any other interim relief as the appropriate authority deems fit.

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G) Compensation to be in addition to fine under Section 326A or Section 376D of

Indian Penal Code ( Sec.357 B)

The compensation payable by the State Government under section 357A shall be
in addition to the payment of fine to the victim under section 326A or section 376 D of
the Indian Penal Code

H) Treatment of victims (357 C)

All hospitals, public or private, whether run by the Central Government, the State
Government, local bodies or any other person, shall immediately, provide the first-aid or
medical treatment, free of cost, to the victims of any offence covered under section 326A,
376, 376A, 376B, 376C, 376D or section 376E of the Indian Penal Code, and shall
immediately inform the police of such incident.

I) Compensation to person groundlessly arrested – Sec.358

Whenever any person causes a police officer to arrest another person, if it appears
to the Magistrate that there was no sufficient ground for arrest, the Magistrate may award
compensation upto Rs. 1000/- to be paid by the person so causing the arrest to the person
so arrested.

J) Order to pay costs – Sec.359

Whenever any complaint of a non-cognizable offence is made to a court, the court
if it convicts the accused, may in addition to penalty, order him to pay to the complainant,
the costs incurred by him in prosecution.

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K) First offenders (Sec.360)

1) Release on probation:-

When:-
a) A person not under 21 years of age is convicted of an offence punishable with fine
only or with imprisonment for not more than seven years,

b) A person under 21 years of age or woman is convicted of an offence not punishable

with death or an imprisonment for life, & no previous conviction is proved (i.e. first
offender), the court may considering his age, character & circumstances in which the
offence was committed, instead of sentencing him direct that he may be released on
entering into a bond, with or without sureties, to appear & receive sentence when called
upon within three years & in the mean time to keep the peace & be of good behaviour.

2) Release on Admonition:-

When a person is convicted of theft, theft fin building, misappropriation, cheating

or any offence under I.P.C. punishable with imprisonment upto two years or fine only, &
no previous conviction is proved, the court may considering his age, character, physicalor
mental condition, trivial nature of the offence or other circumstances, instead of
sentencing him to any punishment release him after admonition.

L) Special reasons to be recorded :- Sec.361

If an accused person is dealt with U/s. 360 or under Children Act, court shall record
special reasons for release.

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M) Not to alter judgment: - Sec.362

When judgment has signed by a court thereafter no court shall after the judgment
except to correct a clerical or arithmetical error.

N) Copy of judgment: - Sec.363

When the accused is sentenced to imprisonment, a copy of the judgment shall be

given to him immediately, free of cost.

CHAPTER XXIX
Appeals (Sec. 372 to 394)

No appeal lies from any judgment or order of a criminal court except as provided
by this code or any other law – Sec.372

A) Appeals from orders:- Sec.373

1) Order requiring security for keeping the peace or good behavior.

2) Order refusing to accept or rejecting the surety the surety by Magistrate. Is

appealable to the Court of Session

B) Appeals from conviction:- Sec.374

1) An appeals from conviction by High court lies to Supreme court.

2) An appeal from conviction by session’s Judge or Additional Session’s Judge or

any court passing sentence of more than seven years lies to High Court.

3) An appeal from conviction by M.M. or an Assistant Session’s Judge or any court

passing a sentence of more than seven years lies to High Court.

4) An appeal from conviction by First Class or Second Class Magistrate lies to the
Court of Session.

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C) No appeal in certain cases when accused pleads guilty: -

There shall be no appeal

a. If the conviction is by HC or
b. If the conviction is by Court Of Session, MM, JMFC, JMSC, except as to the
extent or legality of the sentence.

D) Appeals from acquittal: - Sec.378

(1) the State Government may, direct the Public Prosecutor to present an appeal to the
High Court from an original or appellate order of acquittal passed by any Court other than
a High Court or an order of acquittal passed by the Court of Session in revision.

(2) If such an order of acquittal is passed in any case in which the offence has been
investigated by the Delhi Special Police Establishment , the Central Government may also
direct the Public Prosecutor to present an appeal, to the High Court from the order of
acquittal.

(3) No appeal under sub- section (1) or sub- section (2) shall be entertained except with the
leave of the High Court.

(4) If such an order of acquittal is passed in any case instituted upon complaint and the
High Court, on an application made to it by the complainant in this behalf, grants special
leave to appeal from the order of acquittal, the complainant may present such an appeal to
the High Court.

(5) No such leave application shall be entertained by the High Court after six months,
where the complainant is a public servant, and sixty days in every other case, computed
from the date of that order of acquittal.

(6) If in any case, the application under sub- section (4) for the grant of special leave to
appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie.

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E) Powers of appellate court:-

1) It peruses the petition & if there is no sufficient ground for interfering, it may
dismiss the appeal summarily.

2) If the appellate court does not dismiss the appeal summarily, it shall give notice to
the complainant & accused & also send a copy of the grounds of appeal.

3) The appellate court after perusing the record & hearing of the appellant & the public
prosecutor & the accused, may dismiss the appeal if there is no sufficient ground for
interfering.

4) It may in an appeal from an order of acquittal:-

a) Reverse such order & direct further enquiry, or retrial of the accused, or
commitment for trial or

b) Find the accused guilty & pass sentence on him.

5) It may in an appeal from an order of conviction :-

a) Reverse the finding, & sentence

b) After the finding, maintaining the sentence.

c) After the nature or extent of sentence but not to enhance the same.

6) It may in an appeal for enhancement of sentence –

a) Reverse the finding & sentence,

b) Alter the finding, maintaining the sentence, alter the nature or extent of sentence so
as to enhance or reduce the same.

7) It may in an appeal from any order:-

Alter or reverse such order.

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8) It may make any amendment or any consequential or incidental order that may be
just or proper.

9) It may not enhance the sentence unless the accused had an opportunity of showing
cause against such enhancement.

10) Appellate court does not inflict greater punishment for an offence then that which
might have been inflicted by the court from whose order or sentence the appeal has been
made.

11) It may after recording its reasons, take additional evidence or direct it to be taken
by Magistrate.

12) The rules as to the Judgement of criminal court of original jurisdiction apply to
judgement of an appellate court.

13) Pending any appeal by a convicted person the appellate court may suspend the
conviction & the accused may be released on bail.

CHAPTER XXX
(Reference & Revision (Sec. 395 to 405)
A) Reference to High Court:-
1) By any Court:-

Where any court is satisfied:-

a) That a case pending before it involves a question as to the validity of any act,
ordinance or regulation or of any provision of any act, ordinance or regulation.

b) Is of opinion that such an act, ordinance or regulation is invalid or inoperative.

The court shall state a case & refer the same for decision of High Court.

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2) By session court or M.M. :-

Session court or M.M. may also refer for the decision of High Court any question
of law arising in a case.

Pending the decision of the High Court in reference of either of these cases, the
court may commit the accused to a jail or release him on bail.

The High Court passes such an order as it thinks fit & sends a copy of it to the court
to dispose off the case conformably to it. It may also direct by whom cost is to be paid.

B) Revision or power to call for record of an inferior court:-

According to sec. 397, the High Court or any Session’s Judge has power-

1) To call for & examine the record of any proceeding before an inferior criminal
court for the purpose of satisfying itself, as to –

a) The correctness, the legality or propriety, of any finding, sentence or order.

b) Regularity of any proceedings of such court.

2) To direct that the execution of any sentence be suspended & the accused may be
released on bail or on his own bond pending the examination of the record.

The powers of revision are not to be exercised in any interlocutory order passed in
appeal, enquiry, trial or other proceeding.

When an application is made by any person either to a High Court or the Session’s
Judge, no further application is entertained which is filed by any other person.

Enquiry –

The High Court or Session’s Judge on examining the record may direct the C.J.M.
by himself or by any subordinate Magistrate to make further enquiry into –

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1) Any complaint which has been dismissed U/s 203 or 204, or

2) The case of any person accused of an offence who has been discharged, if he had
an opportunity of showing cause why such direction should not be made.

Revision before High Court :-

The High Court in the case of any proceedings,

1) The record of which has been called for by itself or

2) Which otherwise comes to its knowledge, may exercise the powers :-

a) Of an appellate court in disposing off an appeal.

b) Of suspending a sentence pending an appeal.

c) Of arresting the accused in an appeal from acquittal.

d) Of taking further evidence.

e) Of tendering pardon.

Revision by Session’s Additional Session’s judge –

When Session’s Judge calls for the record himself he exercises all powers as are
exercised by the High Court as above.

Additional Session’s Judge has all the powers of a Session’s Judge in respect to
cases transferred to him by the Session’s Judge.

High Court’s power to withdraw or transfer revision cases :-

Whenever :-

1) One or more persons convicted at the same trial makes an application to the High
Court for revision &

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2) Any other person convicted at the same trial makes an application to the Session’s
Judge.

The High Court decides who will dispose off the revision having regard to the
general convnie of the of the parties & the importance of the question involved.

CHAPTER XXXII
Execution, Suspension, Remission & Commutation of Sentences

A) Death Sentences –
1) Execution of order passed U/s 368 :-

When in a case submitted to the High Court for the confirmation of a sentence of
death, the court of sessions received the order of confirmation or other order of a High
Court, it shall cause such order to be carried into effect by issuing a warrant or taking
such other steps as may be necessary.

2) Execution of sentence passed by High Court :-

When a sentence of death is passed by High Court, the court of Session shall on
receiving order cause the sentence to be carried into effect by issuing a warrant.

3) Postponement of sentence :-

The High Court postpones execution of sentence of death in cases where an appeal
lies to the supreme court, until the period of appeal has expired or until the appeal is
disposed off by the supreme court.

4) Postponement in case of pregnant woman :-

If a woman sentenced to death is pregnant, the High Court shall order the execution
of sentence to be postponed or it may commute the sentence to imprisonment for life.

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B) Imprisonment:-

1) Place of imprisonment :-

The state govt. may direct in what place a person is to kept in imprisonment.

2) Sentence of imprisonment :-

The court passing the sentence forwards the warrant to the jail in which the
accused is to be confined. Where the accused is not present when he is sentenced,
the court issues a warrant of arrest & forwards him to jail.

C) Levy of fine :-

When a fine is inflicted, the court may issue-

1) A warrant for attachment & sole of movable property of the offender.

2) A warrant to the collector to recover amount as arrears of land revenue.

D) Suspension of sentence:-

When an offender has been sentenced to imprisonment in default of fine & the fine is
not paid, the court may –

1) Order that the full fine shall be paid within 30 days or two or three installments.

2) Suspend the execution of sentence & release on bond, & if fine is not paid, the
court may direct the sentence of imprisonment to be carried into effect.

E) Sentence on escaped convicts:-

Such sentence:-

1) If of death, imprisonment for life or fine, takes effect immediately.

2) If it is of imprisonment, takes effect as follows

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a) If the new sentence is severer in kind than the sentence he was undergoing, it
takes effect immediately .

b) If the new sentence is not severer it takes effect after he has suffered imprisonment
which remain unexpired at the time of his sentence.

F) Set off against sentence:- ( Section 428)

Where a person is sentenced to imprisonment, the period of detention during

investigation, enquiry & trial is set off against such term.

According to Section 428, “Where an accused person has, on conviction, been

sentenced to imprisonment for a term, not being imprisonment in default of payment of
fine, the period of detention, if any, undergone by him during the investigation, inquiry or
trial of the same case and before the date of such conviction, shall be set off against the
term of imprisonment imposed on him on such conviction, and the liability of such person
to undergo imprisonment on such conviction shall be restricted to the remainder,if any,
of the term of imprisonment imposed on him”.

G) Return of warrant:-

When a sentence has been executed, the officer executing it returns the warrant to
the court with endorsement.

H) Suspension, Remission or Commutation of sentence:-

When a person has been punished, the appropriate govt. may suspend or remit the
whole or part of punishment.

When an application is received, the govt. may require the judge who convicted, to
state his opinion with reasons. Thereafter the govt. may suspend or remit the sentence.

1) A sentence of death to any other sentence.

2) Imprisonment for life to imprisonment up to 14 years or fine.

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3) Rigorous imprisonment to simple imprisonment or fine.

4) Simple imprisonment to fine.

The power of suspension, etc. in the case of sentence of death, is also to be exercised
by the central govt.

CHAPTER XXXIII
Provisions as to Bail & Bonds
A) Bailable offences (Sec.436) -

When any person other than a person accused of a non –bailable offences is arrested
or detained without warrant by an officer in charge of a police station, or appears or brought
before a court & is prepared to give bail, such person shall be released on bail by the police
officer or by the court.

But that such officer or court may instead of taking bail from such person, discharge
him on his executing a bond (P. R. Bond ) without sureties for his appearancebefore the
court.

Where a person has failed to comply with the conditions of the bail bond as regards
the time & place of attendance, the court may refuse to release him on bail, when on a
subsequent occasion in the same case he appears before the court or is brought in custody
& try such refusal shall be with out prejudice to the powers of the court to call upon any
person bound by such bond to pay the penalty as specified in sec. 446.

B) Non-Bailable offence (Sec. 437) :-

1) When any person accused of or suspected of commission of any non-bailable

offence is arrested or detained without warrant by an officer incharge of a police station
or appears or is brought before a court, he may be released on bail but-

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a) Such person shall not be so released if there appears reasonable grounds for
believing that he has been guilty of offence punishable with death or imprisonment for life

b) Such person shall not be so released if such offence is cognizable & he had been
previously convicted of an offence punishable with death, imprisonment for life or
imprisonment for seven years or more, or he had been previously of a non-bailable &
cognizable offense.

But the court may direct that any person be released on bail if such person is under
the age of 16 years or is a woman or sick or infirm person or if the court is satisfied that it
is just & proper to do so for any other special reasons.

2) If it appears to such officer or court at any state of investigation enquiry or trial, that
there are no reasonable grounds for believing that the accused has committed a non-
bailable offence, but there are sufficient grounds for further enquiry, the accused is released
an bail after recording the reasons in writing or on the execution of a bond for his
appearance.

3) The court may, when the offence :-

a) Is punishable with seven years or more imprisonment.

b) Is under chapter IV (offences against the state), Chapter XVI (offences against
human body) or chapter XVII (offences against property ) of I.P.C.

c) Abetment, conspiracy or attempt to commit any such offence,

Impose conditions while releasing the accused on bail with a view to:-

a) Ensure his attendance as per the conditions of the bond or.

b) Ensure that he does not commit similar offence or.

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c) In the interest of justice if such (any other) Condition is necessary.

C) Anticipatory Bail (Sec. 438) :-

It means a bail before arrest. It is defined as “ A bail in case of a person who

believes that he may be arrested on accusation of a non-bailable offence”.

An anticipatory bail may be granted by the High Court or Court of session, if

necessary, on condition that –

1) The accused shall make himself available for interrogation.

2) He shall not directly or indirectly give inducement or threaten any person

acquainted with the facts of the case, like witnesses.

3) He shall not leave India without the court’s permission or

4) Any other conditions as specified in sec 437 (3)

If such person is there after arrested on such accusation by officer incharge of a

police station he release him on bail.

If Magistrate taking cognizance decides to issue warrant in such a case, he issues a

bailable warrant.

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CHAPTER XXXIV

Disposal of property (Sec. 451 to 459)

A) Order for custody & disposal of property pending trial (Sec.451) :-

When any property is produced before any criminal court during any enquiry or trial,
court may make such order for the proper custody of such property pending trial. If the
property is subject to speedy & natural decay or if it is otherwise necessary to do so, the
court may, after recording evidence, order it to be sold or otherwise disposed off.

B) Order for disposal or property at conclusion of trial :-

When an enquiry or trial in any criminal court is concluded the court may
make order for the disposal by destruction, confiscation or deliver the any person
claiming possession.
The court may deliver the property to any person claiming possession,
without condition or on his executing a bond, with condition to restore the property
to the court if the order is modified or set aside in appeal.

C) Payment to an innocent purchaser :-

When a person is convicted of theft or receiving stolen property & any other
person has bought the stolen property from him without knowing that it stolen &
any money has been taken out of the possession of the convicted person at the time
of arrest, the court may order that out of such money a sum not exceeding the price
paid by the purchaser be delivered to him.

D) Appeal:-

An appeal lies against an order for disposal of property, order of payment to

innocent purchaser, to the court to which the appeal from order of conviction lies.

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The appellate court may stay the order or modify, alter or annul such order or make
further order.

A) Destruction of objectionable matter :-

The court may order the destruction of :-

1) All copies of the thing in respect of which conviction is made U/s 292, 293
(regarding obscene articles), sec. 501 or 502 or I.P.C.(regarding defamatory articles ) or

2) Food, drink or drug in respect of which conviction is made U/s 272 of I.P.C.
(regarding adulteration of articles of food etc.)

A) Restoration of possession of immovable property:-

When a person is convicted of an offence attended by criminal force or criminal

intimidation & any person has been disposed of immovable property, the court may within
one month from the date of conviction order the person disposed, to be restored, if
necessary, by evicting any person in possession by force.

Such order is appealable. Such order does not prejudice any right or interest to or in
such immovable property which a person may establish in a civil court. The order may be
made a court of appeal, reference or revision.

G) Seizure of property by police (Sec.457)

Seizure by a police officer of property is reported to a Magistrate who orders :-

a) Its disposal, or

b) Its delivery to the person entitled, or

c) Respecting its safe custody & production.

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If the person entitled is known, the Magistrate may order the property to bedelivered
to him. If he is unknown, the Magistrate issue a proclamation requiring the person having
a claim to establish his claim within six months.

H) Where claimant not appears:-

If no person establishes his claim within six months & if the person is possession is
unable to show that it was legally acquired by him, the property remains at the disposal of
govt.

I) Power to sale property:-

The Magistrate may direct certain property to be sold if :-

1) The person entitled is unknown or absent,

2) The property is subject to speedy & natural decay,

3) Its sale would be for the benefit of the owner or,

4) Its value is less than Rs.10.

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CHAPTER XXXVI
Limitation for taking cognizance of certain offences (Sec. 467 to 473)

A) Definition of period of limitation (Sec.467) :-

For the purpose of this chapter, unless the context otherwise requires, “period of
limitation.

B) Bar to taking cognizance after lapse of the period of limitation(Sec.468) :-

No court shall take cognizance of an offence after the expiry of the period of
limitation.

The period of limitation shall be :-

a) Six months, if an offence is punishable with fine only

b) One year, if the offence is punishable with imprisonment for a term not exceeding
one year

c) Three years, if the offence is punishable with imprisonment for a term exceeding
one year but not exceeding three years.

The period of limitation, in relation to offences which may tried together shall be
determined with reference to offence which is punishable with more severe punishment.

C) Commencement of the period of limitation (Sec. 469) :-

The period commences :-

a) On the date of the offence or

b) If the commission of it was not known to the person aggrieved, or to the police
officer, the first day on which either of them comes to know of it or,

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c) Where the identity of the offender is not know, the first day on which such identity
becomes known to either the person aggrieved or the police, whichever is earlier.

D) Exclusion of time in certain cases (Sec. 470) :-

In calculating the period of limitation, the following are excluded –

a) The period during which another prosecution was diligently prosecuted

i.e. the prosecution should be on the same facts & in good faith.

b) The period of stay order or injunction (from the date of grant of order upto the date
of the withdrawal ) granted against the institution of prosecution.

c) Where notice of prosecution is to be given, the period of notice.

d) Where previous sanction or consent is necessary, the period required for obtaining
such consent or sanction including the date of application for sanction & receipt of
sanction.

e) The period which offender is absent from India &

f) Period when the offender is absconding or concealing himself.

E) Exclusion of date on which court is closed (Sec. 471):-

If limitation expires on a day the court is closed, cognizance can be taken on day
the court reopens.

F) Continuing offence (Sec. 472) :-

In case of continuing offence, a fresh period runs at every moment during

which the offence continues.

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G) Extension of limitation (Sec. 473) :-

The court takes cognizance after the period of limitation if it is

satisfied on thefacts & in the circumstances of the case that :-

a) The delay is properly explained or

b) That it is necessarily to condone delay in the interests of justice.

Objective Questions on Criminal Procedure Code.

Q. No. 1
The object of investigation is (DJS 2005, UJS – 2002)
(a) To arrest the accused
(b) To punish the accused
(c) To collect evidence against the accused
(d) None of these

.correct answer : c

Q. No. 2
Which of the following offence was made non bailable by the Cr.P.C.Amendment
Act 2005?
(a) 325
(b) 353
(c) 328
(d) 331

.correct answer : b

Q. No. 3
Which one of the following proceedings is known as judicial proceeding? (MPAPO
-2002)
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(a) Investigation
(b) Enquiry and Investigation
(c) Enquiry and Trial
(d) Trial and Investigation

.correct answer : c

Q. No. 4
In a first information an offence is cognizable and other is non-cognizable.The
whole case shall be deemed to be (DJS 2005)
(a) Cognizable
(b) Non-cognizable

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(c) It is to be seen whether it is a Warrant case

(d) It is to be seen whether it is a summons case

.correct answer : a

Q. No. 5
In the Indian Constitution Criminal Procedure is included in the…….
(a) Concurrent list
(b) Union list
(c) State list
(d) Either a. or b.

.correct answer : a

Q. No. 6
Which of the following section inserted as per the Cr.P.C. (Amendment) Act2005?
(a) 105A
(b) 166 A
(c) 50 A
(d) 433A

.correct answer : c

Q. No. 7
Offence under S. 324 is
(a) Compoundable
(b) Non-Compoundable
(c) Compoundable with permission of court
(d) Non of these

.correct answer : c

Q. No. 8
In which of the following Cases the Supreme court has held that “the Magistrate has
ample powers to direct the officer in charge of the concerned

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police station to hold a proper investigation and take all such necessary stepsthat
may be necessary for ensuring a proper investigation including monitoring the
same”
(a) CBI Vs State of Rajasthan
(b) . Sakiri Vasu Vs State of U.P
(c) Manjt Pal Singh Vs State of Punjab
(d) . Ramachandran Vs Udaya Kumar

.correct answer : b

Q. No. 9
In computing the period limitation in a criminal case,
(a) The day from which such period is to be computed shall not be excluded.
(b) The day from which such period is to be computed shall be excluded.
(c) The day from which such period is to be computed shall either be excluded or
include
(d) d. None of these.

.correct answer : b

Q. No. 10
A report made by a police officer in a case which discloses a commission of anon
cognizable offence after investigation shall deemed to be
(a) Police report
(b) Charge sheet
(c) Complaint
(d) Final report

.correct answer : c

Q. No. 11
All the proceedings for the collection of evidence conducted by a police officerunder
Cr.P.C. is called
(a) Inquiry
(b) Local inspection
(c) Investigation
(d) Judicial proceeding

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.correct answer : c

Q. No. 12
An investigation into an offence cannot be conducted by
(a) Magistrate
(b) A person authorized by a magistrate other than a police officer
(c) Both a. and b.
(d) None of these

.correct answer : a

Q. No. 13
Any proceedings in the course of which evidence is taken on oath is called
(a) Inquiry
(b) Investigation
(c) Sworn statement
(d) Judicial proceedings

.correct answer : d

Q. No. 14
The Code of Criminal Procedure 1973 came into force on
(a) 1st April 1973
(b) 1st April 1974
(c) 1st June 1973
(d) 1st June 1974

.correct answer : b

Q. No. 15
In which of the following cases the Kerala High Court has held that “Even if
earlier investigation was conducted by local police, there is no bar to refer the
matter for investigation by the CBI in an appropriate case by the High Court”
(a) J.Prabhavathi Amma Vs State of Kerala

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(b) Father Jose Pithrikkayil Vs CBI

(c) Nandakumar Vs State of Kerala
(d) Jomn Puthen Purakkal vs CBI

.correct answer : a

Q. No. 16
The provisions of Cr.P.C. 1973 other than those relating to Chapters 8, 9 and10
shall not apply
(a) Jammu and Kashmir
(b) Nagaland
(c) Tribal areas
(d) B & C

.correct answer : d

Q. No. 17
Any act or omission made punishable by any law for the time being is called
(a) Wrong
(b) Offence
(c) Criminal case
(d) Charge

.correct answer : b

Q. No. 18
Maximum sentence of fine C.J.M. can impose
(a) 25,000
(b) 50,000
(c) 10,000
(d) no limit

.correct answer : d

Q. No. 19
The maximum sentence of imprisonment a C.J.M. can impose

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(a) 3 years
(b) 7 years
(c) 10 years
(d) no limit

.correct answer : b

Q. No. 20
Power to arrest a person committing a non cognizable offence is given to apolice
officer on
(a) The permission of superior officer
(b) On refusal to give name and residence
(c) The presence of a Magistrate
(d) Cannot be arrested in any situation

.correct answer : b

Q. No. 21
A private person can arrest an accused as provided under section
(a) 41
(b) 42
(c) 43
(d) 44

.correct answer : c

Q. No. 22
Any police officer may arrest without warrant any person
(a) Who has been concerned in any cognizable offence
(b) Who has been proclaimed as an offender
(c) Who is reasonably suspected of being a deserter from any armed forces
(d) All the above

.correct answer : d

Q. No. 23

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The categories of persons who can be arrested without a warrant is describedin

section
(a) 41
(b) 42
(c) 40
(d) 50

.correct answer : a

Q. No. 24
Under section 37 of Cr.P.C., every person is bound to assist a Magistrate orPolice
officer
(a) In the taking or preventing the escape of any other person who such Magistrate
or police officer is authorized to arrest
(b) In the prevention or suppression of a breach of peace
(c) In the prevention of any injury to be committed to any railway.
(d) In all the above cases

.correct answer : d

Q. No. 25
Under section 39 of Cr.P.C. ever person aware of the commission of an
offence punishable under of the following sections of IPC.
(a) Sections 121 to 126 Cr.P.C.
(b) Sections 143 to 148 Cr.P.
(c) c. 302 and 304
(d) all the above

.correct answer : d

Q. No. 26
Who is the competent authority to decide as to who is the successor-in-officeof
any additional or assistant sessions Judge
(a) Sessions Judge
(b) High Court
(c) District Magistrate
(d) None of these

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.correct answer : a

Q. No. 27
The powers of superior police officers are mentioned in section
(a) 2(h)
(b) 36
(c) 156
(d) Police Act

.correct answer : b

Q. No. 28
Arrest by Magistrate is mentioned in section
(a) 43
(b) 44
(c) 45
(d) 46

.correct answer : c

Q. No. 29
The guidelines regarding the arrest of Judicial officers by the police whereissued by
the Supreme Court in
(a) Joginder Kumar Vs. State of Utter Pradesh
(b) M.
(c) Abraham Vs. State of Maharashtra (2003 (2) SCC 649) c.
(d) K. Basu Vs. State of West Bengal (AIR 1997 SC 610) d. Delhi Judicial Service
Association Vs. State of Gujarat (AIR 1991 SC 2176)

.correct answer : d

Q. No. 30
The new chapter incorporated by the Criminal law (amendment) 2005.
(a) XXI A
(b) XXIII A

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(c) XXII A
(d) XXIV A

.correct answer : a

Q. No. 31
Members of Armed Forces cannot be arrested except after obtaining theconsent of
(a) D.G.P.
(b) Central Government
(c) Chief of concerned Army Force
(d) Magistrate

.correct answer : b

Q. No. 32
Who is given protection from arrest under 45 of Cr.P.C.
(a) President of India
(b) Judicial Officers
(c) Members of Armed Forces
(d) Members of Parliament

.correct answer : c

Q. No. 33
The judicial pronouncement which led to the incorporation of section 46(4) of
Cr.P.C. by the amendment Act of 2005
(a) Joginder Kumar Vs. State of Utter Pradesh
(b) M.
(c) Abraham Vs. State of Maharashtra (2003 (2) SCC 649) c.
(d) K. Basu Vs. State of West Bengal (AIR 1997 SC 610) d. State of Maharashtra
Vs. Christian Community Welfare of India

.correct answer : d

Q. No. 34

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In which of the following cases, the Supreme Court held that, even withoutthe
presence of a lady constable, police can arrest a female offender
(a) Joginder Kumar Vs. State of Utter Pradesh
(b) M.
(c) Abraham Vs. State of Maharashtra (2003 (2) SCC 649) c.
(d) K. Basu Vs. State of West Bengal (AIR 1997 SC 610) d. State of Maharashtra
Vs. Christian Community Welfare of India

.correct answer : d

Q. No. 35
Section 265A deals with
(a) Summary trial
(b) Plea bargaining
(c) Identification of accused
(d) Medical examination of rape victim

.correct answer : b

Q. No. 36
The form of summons is mentioned in section
(a) 61
(b) 62
(c) 91
(d) 92

.correct answer : a

Q. No. 37
The section newly added in Chapter V (arrest of persons) by the Cr.P.C.
Amendment Act 2005
(a) 46(4)
(b) 50(A)
(c) 53(A)
(d) All the above

.correct answer : d

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Q. No. 38
The procedure for arrest is described in section
(a) 46
(b) 50
(c) 51
(d) 57

.correct answer : a

Q. No. 39
“Rejection of anticipatory bail application itself is not a ground for the
immediate arrest of the accused and the arrest of persons in all cases is
unnecessary”. The Supreme Court gave the above preposition in
(a) Joginder Kumar Vs. State of Utter Pradesh
(b) M.
(c) Abraham Vs. State of Maharashtra (2003 (2) SCC 649) c.
(d) K. Basu Vs. State of West Bengal (AIR 1997 SC 610) d. Delhi Judicial Service
Association Vs. State of Gujarat (AIR 1991 SC 2176)

.correct answer : b

Q. No. 40
In a case involving offence under section 304B, the period of remand undersection
167(2) is
(a) 15 days
(b) 60 days
(c) 90 days
(d) 180 days

.correct answer : c

Q. No. 41
The Kerala High Court has held the following proposition “section 159 doesnot
confer any power to the magistrate to proceed to the place and conduct local
investigation” in

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(a) Sukumaran Vs. State of Kerala

(b) In Re Sister Abhaya (2006 (2) KLT 1001)
(c) Vijayan Vs. State of Kerala
(d) Acharaparambil Pradeepan Vs. State of Kerala

.correct answer : b

Q. No. 42
An enquiry into the apparent cause of death is called
(a) Post mortem examination
(b) Mahazar
(c) Inquest
(d) Investigation

.correct answer : c

Q. No. 43
Before accepting a Refer Report, court is bound to issue notice to
(a) Accused
(b) First informant (2006 (2) KLT 588)
(c) Investigating officer
(d) Prosecutor

.correct answer : b

Q. No. 44
Agreement entered into at Calcutta for a project to be carried at Calcutta, payments
required to be made at Calcutta, cheques were issued from registered office at
Ernakulam the court to having jurisdiction to quash theproceedings
(a) Magistrate Court Calcutta
(b) Calcutta High Court (2006 (2) KLT 525)
(c) Kerala High Court
(d) Both b. and c.

.correct answer : c

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Q. No. 45
The procedure for inquest is mention in section
(a) 173
(b) 174
(c) 176
(d) 172

.correct answer : b

Q. No. 46
At the stage of 200 what is needed is
(a) Complainant has to adduce evidence
(b) Examination of complainant by magistrate
(c) Chief examination of complainant only
(d) None of these

.correct answer : b

Q. No. 47
The Bar under section 196 is against
(a) Registration of crime
(b) Investigation by police
(c) Submission of report by police
(d) Taking cognizance (2006 (3) KLT 830)

.correct answer : d

Q. No. 48
Plea bargaining introduced in India by
(a) The Amendment Act of 1980
(b) The Criminal Law Amendment Act 2005
(c) The Code of Criminal Procedure Amendment Act 2005
(d) Act 25 of 2005

.correct answer : b

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Q. No. 49
Power under section 319 Cr.P.C. covers
(a) Post cognizance stage (2006 (1) KLT SN 60)
(b) Pre cognizance stage
(c) Both a. and b.
(d) None of these

.correct answer : a

Q. No. 50
Under which of the following Sections of Criminal Procedure Code police canarrest
an accused without warrant? MP APO -2002
(a) Section 37
(b) Section 40
(c) Section 42
(d) Section 41

.correct answer : d

Q. No. 51
Which of the following is not a section introduced by Cr.P.C. Amendment Act2005
(a) 311A
(b) 436A
(c) 441A
(d) 446A

.correct answer : d

Q. No. 52
The new offence introduced by criminal law Amendment Act 2005
(a) 195A
(b) 195B
(c) 195C
(d) 195D

.correct answer : a

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Q. No. 53
“The inherent powers under section 482 cannot be invoked to compound a non
compoundable offence”. This proposition is made by the division benchof Kerala
High Court in
(a) Moosa Vs. S.I. of Police
(b) Thankamma Vs. State of Kerala
(c) Balan Vs. State of Kerala
(d) Devasya Vs. State of Kerala

.correct answer : b

Q. No. 54
Acquittal of coaccused will not entitle coaccused for an acquittal involvinginherent
powers the full bench of Kerala High Court has held the above proposition in
(a) Sukumari Vs. State of Kerala
(b) Moosa Vs. S.I. of Police
(c) Karim Vs. State of Kerala
(d) Noushad Vs. State of Kerala

.correct answer : b

Q. No. 55
Which of the following is true?
(a) An appeal against conviction cannot be filed by the wife of convicted person
who died (2006 (2) KLT 123)
(b) Appeal filed by accused cannot be dismissed on ground that the revision filed
by informant has already been dismissed
(c) An appeal against acquittal in case instituted on complaint can be filed only by
the complainant not by any witness
(d) All the above

.correct answer : d

Q. No. 56

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Which of the following is true?

(a) A criminal court cannot simultaneously impose a sentence of fine and a
direction for payment of compensation(2006 (3) KLT 770)
(b) Compensation can be awarded under 357 either as part of fine or
independently
(c) Criminal court has power to direct payment of interest on amount of
compensation under section 357. (2006 (4) KLT 923)
(d) All the above

.correct answer : d

Q. No. 57
In appropriate cases the trial court is empowered to stay the proceedings tilldisposal
of civil case relating to the same incident involving section
(a) 210
(b) 482
(c) 309
(d) no such power

.correct answer : c

Q. No. 58
Trial as provided under section 311 will be terminated by
(a) Closing of prosecution evidence
(b) Posting the case for judgment
(c) Posting the case for 313 statement
(d) On pronouncement of judgment

.correct answer : d

Q. No. 59
Assigning reasons is required
(a) In case of discharge of an accused
(b) In case of framing charge
(c) In both cases
(d) None of these

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.correct answer : a

Q. No. 60
Cognizance of offence under section 498 A of IPC can be taken;
(a) On a police report
(b) On the complaint of the person aggrieved
(c) On the complaint of father, mother, brother or sister of the person aggrieved
(d) All the above.

.correct answer : d

Q. No. 61
Point out the incorrect statement (UP PCS J 2003)
(a) In cognizable offence any police officer may without an order from a
Magistrate and without a warrant arrest any person
(b) A private person may arrest or cause to be arrested any person committing a
cognizable offence
(c) An Executive Magistrate may arrest the offender when any offence is
committed in his presence and within his jurisdiction
(d) None of the above is correct

.correct answer : b

Q. No. 62
A Court of Sessions cannot take cognizance of an offence as a Court of original
jurisdiction unless the case has been committed to it, as providedunder
(a) Section 199 of Cr.P.C.
(b) Section 193 of Cr.P.
(c) c. Section 190 of Cr.P.C.
(d) None of these

.correct answer : b

Q. No. 63

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Period of limitation for execution of the order of maintenance is;

(a) Thirty years from the date on which it becomes due.
(b) Twelve years from the date on which it becomes due.
(c) Three years from the date on which it becomes due
(d) One year from the date on which it becomes due.

.correct answer : d

Q. No. 64
Period of limitation prescribed for making a complaint to the Court ofsessions in
original jurisdiction is;
(a) As provided under section 468 of Cr.P.C.
(b) One year from the date of commission of the offence
(c) Six months from the date of Commission of the offence
(d) Three months from the date of commission of the offence.

.correct answer : c

Q. No. 65
A Court of Session can take cognizance of the offences under specialcircumstances
mentioned in
(a) Section 199 of Cr.P.C.
(b) Section 193 of Cr.P.
(c) c. Section 190 of Cr.P.C.
(d) None of these

.correct answer : a

Q. No. 66
Further investigation can be conducted by
(a) Any agency
(b) Any other agency other than which conducted the original investigation
(c) The agency which originally investigated the case
(d) None of these

.correct answer : a

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Q. No. 67
Further investigation can be conducted
(a) Only before taking cognizance
(b) Even after taking cognizance
(c) Any time with the permission of the government
(d) None of these

.correct answer : b

Q. No. 68
Which of the following is correct?
(a) Special court can take cognizance of offence even without the case being
committed to it.
(b) Special court is a court of original jurisdiction.
(c) A special judge has no jurisdiction to entertain a complaint under section 3(1)
(x) of SC ST(Provision of Amendment) Act (2004 (4) SCC 584)
(d) None of these

.correct answer : c

Q. No. 69
K.M. Mathew’s case is overruled by the Supreme Court in
(a) Benti alias Guddu Vs. State of Madhya Pradesh
(b) Adalath Prasad Vs. Rooplal Jindal
(c)
(d) D. Sharma Vs. Union of India d. Goa plast Vs. D’souza

.correct answer : b

Q. No. 70
Which section of the Cr.P.C. provides for confirmation by the High Court ofan
order of death sentence passed by the Sessions Court prior to its execution? (UP
PCS J 2003)
(a) Section 366
(b) Section 368
(c) Section 369

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(d) Section 371

.correct answer : a

Q. No. 71
Which one of the following statements is wrong? If a person forcibly resiststhe
endeavour to arrest him, the Police Officer may- (UP PCS J 2003)
(a) Use all the means necessary to effect the arrest
(b) Cause the death of such person irrespective of the offence he has committed
(c) Cause the death of such person accused of murder
(d) Cause the death of such person accused of culpable homicide not amounting to
murder

.correct answer : b

Q. No. 72
A case can be committed to the Court of sessions by a Magistrate;
(a) Under Section 207 of Cr.P.C.
(b) Under Section 209 of Cr.P.
(c) c. Under Section 208 of Cr.P.C.
(d) Both (a) & (b).

.correct answer : b

Q. No. 73
In which of the following situation, Section 210 of Cr.P.C. can be invoked;
(a) When there is a complaint case & police is also investigating the matter
(b) When there is a complaint case but no police investigation is in progress
(c) When there is a complainant case & the police has already completed the
investigation & filed the final report.
(d) All the above.

.correct answer : a

Q. No. 74
The condition imposed by a Magistrate while releasing the accused in a non

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bailable offence case can be set aside or modified;

(a) By the High Court
(b) By the Court of Sessions
(c) By the Magistrate himself
(d) Both (a) & (b).

.correct answer : d

Q. No. 75
Cognizance of offence of defamation under Chapter XXI of IPC can be taken;on a
complaint by
(a) Aggrieved person
(b) Suo motu
(c) On a police report
(d) Public Prosecutor

.correct answer : a

Q. No. 76
During 202 enquiry, in a complaint disclosing commission of offencesexclusively
triable by the Court of Sessions;
(a) It is necessary to examine the complainant and all the witnesses of the
complainant on oath.
(b) It is necessary to examine the complainant on oath & no witness need be
examined on oath.
(c) It is necessary that the complainant & some of the witnesses be examined on
oath
(d) Either (a) or (b).

.correct answer : a

Q. No. 77
During 202 enquiry, a direction to the police to investigate
(a) Can be given before or after the examining of the complainant on oath
(b) Cannot be given without examining the complainant on oath
(c) Can be given without examining the complainant on oath
(d) Both (a) & (c).

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.correct answer : b

Q. No. 78
The power of the Supreme Court to transfer cases and appeals from one HighCourt
to another High Court can be exercised on an application by which one of the
following? (UP PCS J 2003)
(a) Registrar of the High Court concerned
(b) Attorney General of India
(c) Chairperson of the Bar Council of India(
(d) Solicitor-General of India

.correct answer : b

Q. No. 79
Where the Magistrate takes cognizance of the offence on a complaint made tohim
and considers before the issue of process to the accused that the matter should be
investigated, such investigation can be ordered under Section
………….of CR.P.C
(a) 202
(b) 173(8)
(c) 155(2)
(d) 156(3)

.correct answer : a

Q. No. 80
Which of the following offences is not compoundable? (UP PCS J 2003)
(a) Offence u/s. 323 I.P.C.
(b) Offence u/s. 334 I.P.
(c) c. Offence u/s. 448 I.P.C.
(d) Offence u/s. 307 I.P.C.

.correct answer : d

Q. No. 81

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If an accused is charged of a major offence, but on the facts established he cannot be

held guilty of that major offence. At the same time, the facts established indicate that
a minor offence has been committed, the person so tried for major offence can be
convicted for such minor offence, it has been soprovided;
(a) Under section 221 of Cr.P.C.
(b) Under Section 222 of Cr.P.
(c) c. Under Section 223 of Cr.P.C.
(d) Under Section 220 of Cr.P.C.

.correct answer : b

Q. No. 82
How many minimum number of judges of the High Court are required tosign the
confirmation of death sentence? (UJS 2006)
(a) 3
(b) 2
(c) 4
(d) 5

.correct answer : b

Q. No. 83
Reports of certain Government scientific experts are admissible, in evidencewithout
any formal proof, under;
(a) Section 294 of CrPC
(b) Section 293 of CrPC
(c) Section 292 of CrPC
(d) Section 291 of CrPC.

.correct answer : b

Q. No. 84
Cash in lieu of surety bond can be permitted under section ................. of CR.PC
(a) 446
(b) 445
(c) 447

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(d) 448

.correct answer : b

Q. No. 85
In which case has the Supreme Court held that Section 125 Cr.P.C. wasapplicable to
all irrespective of their religion? (UP PCS J 2003)
(a) Mohd. Umar Khan Vs Gulshan Begum
(b) Mohd. Ahmed Khan Vs Shah Bano Begum
(c) Mst. Zohara Khatoon Vs Moh
(d) Ibrahim d. Noor Saba Khatoon Vs Mohd. Quasim

.correct answer : b

Q. No. 86
The personal attendance of the accused can be dispensed with as providedunder
Sec............................ of CR.P.C
(a) 303
(b) 205
(c) 201
(d) 204

.correct answer : b

Q. No. 87
Surety can be sentenced to civil imprisonment in default of payment ofpenalty
under the surety bond for a maximum period of;
(a) One month
(b) Two months
(c) Three months
(d) Six months

.correct answer : d

Q. No. 88
Under which of the following Section, Joinder of charges is permissible;

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(a) 219
(b) 220
(c) 221
(d) All the above

.correct answer : d

Q. No. 89
A charge can be altered under Section ..................... of CR.P.C
(a) 217
(b) 216
(c) 218
(d) 219.

.correct answer : b

Q. No. 90
The provisions proving previous conviction is envisaged in which of thefollowing
sections of Cr. P.C. ? (UJS 2006)
(a) Section-296
(b) Section-297
(c) Section-298
(d) Section-299

.correct answer : c

Q. No. 91
In which one of the following sections of Cr. P.C. provision for free legal aid is
made? (UJS 2006)
(a) Section-301
(b) Section-306
(c) Section-304
(d) Section-309

.correct answer : c

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Q. No. 92
The appeal against an order of acquittal passed by the Court of JudicialMagistrate
first class shall lie to (UJS 2006)
(a) The Court of Chief Judicial Magistrate
(b) The Court of Session
(c) The High Court
(d) The Supreme Court

.correct answer : b

Q. No. 93
Which section of Cr. P.C provides for confirmation by the High Court of anorder of
death sentence passed by the Session Court prior to its execution? (UJS 2006)
(a) Section-366
(b) Section-368
(c) Section-369
(d) Section-371

.correct answer : a

Q. No. 94
Which provision under the Code of Criminal Procedure, 1973 prescribes themode
of execution of sentence of death that “the convict be hanged by the neck until he
be dead”? (UJS 2006)
(a) Section-413
(b) Form No. 42 of the Second Schedule of the Code
(c) Section-416
(d) Section-414

.correct answer : b

Q. No. 95
Hearing on sentence by a Magistrate is required, on conviction;
(a) In a summons trial case under section 255(2) of CrPC.
(b) In a warrant trial case under section 248(2) of CrPC

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(c) Both (a) & (b)

(d) Only (b) & not (a).

.correct answer : c

Q. No. 96
During inquiry or trial, under section 309 of CrPC Magistrate can remandthe
accused;
(a) For a period till next date irrespective of days
(b) For a maximum period of 14 days at a time
(c) For a maximum of 15 days at a time
(d) For a maximum of one month at a time

.correct answer : c

Q. No. 97
During inquiry or trial, the accused is remanded to custody;
(a) Under section 309(2) of CrPC
(b) Under Section 309(1) of CrPC
(c) Under Section 167(2) of CrPC
(d) Under Section 167(1) of CrPC.

.correct answer : a

Q. No. 98
The Code of Criminal Procedure (Amendment) Act 2005 (No. 25 of 2005)received
the assent of the President on (UJS 2006)
(a) 21st July, 2005
(b) 23rd June, 2005
(c) 22nd August, 2005
(d) 20th September, 2005

.correct answer : b

Q. No. 99
An irregularity by the Magistrate in which one of the following cases will not

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vitiate proceedings? (UJS 2006)

(a) Making an order for maintenance
(b) Demanding security for good behaviour
(c) Tendering pardon to accomplice
(d) Trying an offence summarily

.correct answer : c

Q. No. 100
When the person who would otherwise be competent to compound an offenceunder
Section 320 of Cr.P.C. is dead, then CJS 2004
(a) Offence cannot be compounded
(b) Offence can be compounded by any eye witness
(c) Offence can be compounded by the legal representative of such person without
the consent of the court
(d) Legal representative of such person can compound the offence with the
consent of the court

.correct answer : d

Q. No. 101
Under Section 439 of Cr.P.C. the jurisdiction to cancel the bail vests with;
(a) The Court of Sessions
(b) The High Court
(c) The Court of Magistrate
(d) Only (a) & (b).

.correct answer : d

Q. No. 102
In which of the following cases, section-144 of the Code of Criminal Procedure
has been held constitutionally valid by the Supreme Court? (UJS2006)
(a) Madhu Limaye Vs. S.D.M. Mangare
(b) Nanak Chand Vs. Chandra Kishore
(c) Superintendent of Central Prision Vs. Ram Manohar Lohiya
(d) Mithilesh Kumar Vs. Bindh Wasni

.correct answer : a

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Q. No. 103
The Magistrate has the power to grant compensation to the victim asprovided
under;
(a) Section 357 of CrPC
(b) Section 358 of CrPC
(c) Section 359 of CrPC
(d) Section 360 of CrPC.

.correct answer : a

Q. No. 104
Disposal of property at the conclusion of trial is is provided in Section….ofCr.P.C
(a) 457
(b) 458
(c) 451
(d) 452

.correct answer : d

Q. No. 105
Disposal of property during the pendency of trial is provided in Section….ofCr.P.C
(a) 457
(b) 458
(c) 451
(d) 456

.correct answer : c

Q. No. 106
An offence is committed by a British citizen on an aircraft registered in Indi
(a) The offender may be dealt with under which provision of the Code of Criminal
Procedure, 1973? (UJS 2006) a. Section-188
(b) Section-183

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(c) Section-182
(d) Section-186

.correct answer : a

Q. No. 107
Magistrate has the power under section 259 of CrPC to convert a summonstrial case
into a warrant trial case;
(a) Relating to an offence punishable for a term exceeding two years
(b) Relating to an offence punishable for a term exceeding one year
(c) Relating to an offence punishable for a term exceeding six months
(d) No such limits

.correct answer : c

Q. No. 108
For every distinct offence of which any person is accused, there shall be a separate
charge, where is the exception to this rule in Cr. P.C. ? (UJS 2006)
(a) Section 219
(b) Sections 220 and 222
(c) Sections 219, 220 and 222
(d) Sections 219,220,221 and 223

.correct answer : a

Q. No. 109
The Court may alter the charge (UJS 2006)
(a) Before the evidence of the prosecution is taken
(b) Before the accused enters upon his defence
(c) When the evidence of prosecution and defence both is taken
(d) Before the judgment is pronounced

.correct answer : d

Q. No. 110
Special summons can be issued in petty cases as provided under section;

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(a) 204
(b) 205
(c) 206
(d) 207

.correct answer : c

Q. No. 111
Which is the provision for demanding security for good behaviour frompersons
disseminating seditious matters?
(a) Section 108
(b) Section 109
(c) Section 110
(d) Section 111

.correct answer : a

Q. No. 112
Petty offence is defined under section;
(a) 40
(b) 206
(c) 204
(d) Not defined.

.correct answer : b

Q. No. 113
Which is the provision authorizing a District Magistrate, Sub DivisionalMagistrate
or Executive Magistrate to issue orders in urgent cases of nuisance or apprehended
danger?
(a) Section 173
(b) Section 164
(c) Section 133
(d) Section 144

.correct answer : d

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Q. No. 114
The maximum amount of fine which can be specified in a summons issuedunder
section 206 Cr.P.C.
(a) 250
(b) 500
(c) 100
(d) 200

.correct answer : c

Q. No. 115
The Provisions of Section 125;
(a) Repeal the personal laws
(b) Override the personal law
(c) Do not repeal the personal laws
(d) Do not override the personal law

.correct answer : b

Q. No. 116
The Supreme Court examined the scope and ambit of 202 enquiry in ;
(a) K.R.Suraj Vs.Excise Inspector
(b) Asokan Vs.State of Kerala
(c) Rossy Vs.State of Kerala
(d) Vijayan Vs.State of Kerala.

.correct answer : c

Q. No. 117
If the complaint is not in writing and made to a Magistrate who is notcompetent to
take cognizance of the offence, the Magistrate shall;
(a) Go to police station
(b) Ask the complainant to reduce the complaint to writing
(c) Reject the complaint
(d) Direct the complainant to file it before the proper court

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.correct answer : d

Q. No. 118
Petty offence under section 206 means offence punishable only with fine not
exceeding…
(a) 100
(b) 500
(c) 1000
(d) 250

.correct answer : c

Q. No. 119
The person aggrieved by an offence of adultery (Section 497 of Indian PenalCode)
is;
(a) The husband of the woman
(b) Both husband and woman
(c) The woman herself
(d) None of these

.correct answer : a

Q. No. 120
The provisions under section 204 shall not be deemed to affect the provisionsof
section;
(a) 79
(b) 61
(c) 78
(d) 87

.correct answer : d

Q. No. 121
Under Section 174, the police shall give immediate information to the;
(a) Judicial Magistrate

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(b) Sessions Judge

(c) Executive Magistrate
(d) None of the above

.correct answer : c

Q. No. 122
If the period of limitation expired on a day the court is closed, the court maytake
cognizance ;
(a) Any subsequent day
(b) On the day on which the court reopen
(c) Complaint shall be filed before the expiry
(d) None of the above

.correct answer : b

Q. No. 123
The Hon’ble Supreme Court has held that “no Magistrate shall insist that a
particular person whose statement was taken on oath at the first instance, alone
can continue to represent the company till the end of the proceedings”in
(a) Basavaraj Patel V/s. state of Karnataka
(b) Raj Deo Sharma Vs.Union of India
(c) Associated Cement Company Limited Vs. Kesavaanand
(d) Antony Vs.Raghavan Nair

.correct answer : c

Q. No. 124
The word Magistrate is used in which of the following article of theConstitution of
India?
(a) 226
(b) 126
(c) 22
(d) 21

.correct answer : c

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Q. No. 125
……is not contemplated as part of investigation ordered by a Magistrateunder
Section 202;
(a) Search
(b) Seizure
(c) Interrogation
(d) Arrest

.correct answer : d

Q. No. 126
Search warrant for person wrongfully confined may be ordered by any District, Sub
Divisional Magistrate or Magistrate of the first class under;
(a) Section 106
(b) Section 94 of the Code
(c) Section 97 of the Code
(d) Section 93 of the Code

.correct answer : c

Q. No. 127
A Magistrate cannot direct an investigation under section 202 in to anoffence;
(a) Economic offence
(b) Sessions offence
(c) Offence under Special Acts
(d) None

.correct answer : b

Q. No. 128
Who is the authority under Section 107 to demand of a person security for keeping
peace on information that any person is likely to commit a breach ofthe peace
disturb the public tranquility?
(a) Sessions Judges

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(b) Executive Magistrate

(c) First Class Magistrate
(d) None of these

.correct answer : b

Q. No. 129
Under 204(2) of Cr.P.C. no summons or warrant shall be issued until;
(a) The complainant is examined
(b) A list of witnesses has been filed
(c) The address of the accused is filed
(d) None

.correct answer : b

Q. No. 130
A exposes her child with the knowledge that she is thereby likely to cause itsdeath.
The child died in consequence of such exposure, in this case;
(a) A may be separately charged with and convicted of offences under section 317
and 304 IPC
(b) May be charged for 304 IPC only
(c) May be charged with 302 only
(d) None

.correct answer : a

Q. No. 131
An application under Section 96 to set aside a declaration of forfeiture ofnewspaper,
book or other document should be made to;
(a) The High Court
(b) The Government
(c) The District Court Concerned
(d) The supreme Court

.correct answer : a

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Q. No. 132
Where the offences are of technical nature or do not involved moralturpititude ;
(a) Exemption should be the rule
(b) Court should insist personal appearance of accused
(c) Only exemption for a day can be given
(d) None of these

.correct answer : a

Q. No. 133
To eligible for the return of the attached property or the net proceed of sale there of
the proclaimed person;
(a) Should appear before the Court with in one year
(b) Should appear before the Court with in seven years
(c) Should appear before the Court within three years
(d) Should appear before the Court within two years from the date of attachment
and satisfy the Court he did not abscond for conceal himself for the purpose of
avoiding the execution of warrant.

.correct answer : d

Q. No. 134
When the property is not produced before the court pending or during theinquiry or
trial, the disposal of property shall be governed by;
(a) Section 451 of CrPC
(b) Section 457 of CrPC
(c) Section 452of CrPC
(d) Section 454 of CrPC.

.correct answer : b

Q. No. 135
When the Criminal Procedure Code 1973 came into force? (UJS – 2002)
(a) On April 1, 1973
(b) On April 1, 1974

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(c) On January 1, 1974

(d) On March 1, 1974

.correct answer : b

Q. No. 136
A case charged on a complaint under Section 138 of Negotiable InstrumentsAct by
the Magistrate, police registered a case on the basis of a private complaint for
offences under section 409 and 420 IPC, in such case
(a) Section 210(1) applies
(b) Section 210(1) not applicable
(c) Either a or b
(d) None of these

.correct answer : b

Q. No. 137
Which is the provision for requiring security for good behaviour fromhabitual
offenders?
(a) Section 110
(b) Section 109
(c) Section 108
(d) Section 111

.correct answer : a

Q. No. 138
The Kerala High Court has held that Section 437 CRPC does not create anabsolute
bar on the Magistrate to grant bail in non bailable offences or offences exclusively
triable by Court of Sessions in
(a) Chandrasenan Vs. State of Kerala
(b) Asokan Vs. State of Kerala
(c) Sukamari Vs. State of Kerala
(d) Balan Vs. State of Kerala.

.correct answer : c

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Q. No. 139
Which is the provision for requiring security for good behaviour fromsuspected
persons?
(a) Section 109
(b) Section 107
(c) Section 108
(d) Section 110

.correct answer : a

Q. No. 140
In case of default of payment of compensation under Section 250 by thecomplainant
to the accused, the person ordered to pay compensation;
(a) Shall undergo rigorous imprisonment for 7 days
(b) Shall undergo rigorous imprisonment of 15 days
(c) Shall undergo imprisonment of either nature for 30 days
(d) Shall under go simple imprisonment for a period not exceeding 30 days

.correct answer : d

Q. No. 141
If withdrawal of prosecution is made after a charge has been framed;
(a) The accused shall not acquitted in respect of such offence of offences
(b) The accused shall be discharged in respect of the offence or offences
(c) The accused shall be acquitted in respect of such offence or offences
(d) The accused shall be convicted on evidence.

.correct answer : a

Q. No. 142
In case which is triable by a court of sessions, copies of charge sheet and other
documents shall be supplied to the accused by;
(a) Sessions Judge
(b) Investigating Officer
(c) Committal Court
(d) None

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.correct answer : c

Q. No. 143
Service of summons outside the local limits of a court may be served;
(a) Through an Advocate
(b) Personally on the person summoned
(c) Through the local police station
(d) Through the Magistrate in whose jurisdiction the person summoned resides or
is to be there served.

.correct answer : d

Q. No. 144
Recalling of witness when the charge is altered is provided in section;
(a) 214
(b) 215
(c) 216
(d) 217

.correct answer : d

Q. No. 145
Once the process is issued by a Magistrate, then he had no power to recall itor
drop the proceedings in a summons case, the Supreme Court held the above
proposition in;
(a) K.M.Mathew Vs.State of Kerala
(b) Adalath Prasad Vs. Roop Lal Gindal
(c) V.C.Shukla Vs.CBI
(d) A.R.Anthuley Vs.R.S.Nair

.correct answer : b

Q. No. 146
When the accused person has pleaded guilty and has been convicted on suchplea by
the High Court;

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(a) There shall be no appeal

(b) An appeal lie to the Supreme Court and High Court
(c) An appeal will be to the Supreme Court
(d) An appeal will be to the Division Bench of the High Court.

.correct answer : a

Q. No. 147
If a complaint is dismissed under Section 203 on default of complainant to bepresent
in court and not on merits;
(a) A fresh complaint on the same set of facts can be filed again
(b) No second complaint can be filed
(c) Proper course is to file an appeal
(d) None of these

.correct answer : a

Q. No. 148
On the death of an appellant during the tendency of the appeal, an application by
any of the near relatives for the leave of the Court to continuethe appeal;
(a) Within 30 days of the death of the appellant
(b) Within 90 days of the death of the appellant
(c) Within 6 days of the death of the appellant
(d) Within 15 days of the death of the appellant.

.correct answer : a

Q. No. 149
Committal proceedings are provided in section;
(a) 207
(b) 208
(c) 209
(d) 210

.correct answer : c

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Q. No. 150
Section 245 Cr.P.C. is applicable to;
(a) Summons cases
(b) Summary trials
(c) Warrant cases instituted upon a police report
(d) Warrant cases instituted otherwise than on police report

.correct answer : d

Q. No. 151
In a case restituted under section 199(2) the accused is acquitted or discharged and
the court is of the opinion that there was no reasonable coursefor making such
accusation against the accused, it may direct the person against whom the offence
alleged to have been committed, to show cause why he should not pay
compensation. This is provided in section;
(a) 250 Cr.P.C.
(b) 357 Cr.P.
(c) c. 237 Cr.P.C.
(d) None

.correct answer : c

Q. No. 152
The accused has no absolute right to cross examine the prosecution witnessesunder
Section 244 Cr.P.C., this is held in;
(a) Sukumari Vs. State of Kerala
(b) Chacko Vs. State of Kerala
(c) Gopalakrishnan Vs. State of Kerala
(d) Ramakrishnan Vs.Parthasarathy

.correct answer : c

Q. No. 153
Which of the following trial shall be held in camera if either party so desiresor if
the court fit so to do;
(a) A trial under section 199(2)
(b) Every trial in which a women is an accused

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(c) Proceedings under section 340 Cr.P.C.

(d) Defamation cases

.correct answer : a

Q. No. 154
For sending the disputed cheque for comparison by an expert;
(a) The accused should file a petition
(b) Oral submission by the counsel is enough
(c) It is sufficient if the accused stated it in the 313 statement
(d) None of these

.correct answer : c

Q. No. 155
The Supreme Court directed that the investigating officers must be present the time
of the trial and if he fails to be present, the sessions judge must issuesummons as
his presence is necessary, in
(a) Hukumchand Vs. State
(b) Shilendrakumar Vs. State of Bihar and Ors
(c) T.C.Mathai Vs.Sessions Judge
(d) Jayalalitha Vs. State

.correct answer : b

Q. No. 156
The Trial Judge has to take evidence on previous conviction of accused under
section;
(a) 231
(b) 232
(c) 235
(d) 236

.correct answer : d

Q. No. 157

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A Court of Sessions taking cognizance of an offence under Sub Section (2) of199
shall try the case in accordance with the procedure for the trial of;
(a) Sessions cases
(b) Warrant cases instituted on a police report
(c) Warrant case instituted otherwise on a police report
(d) Summons case

.correct answer : c

Q. No. 158
In Sessions case, an accused can file a written statement under section;
(a) 231
(b) 232
(c) 233
(d) 234(2)

.correct answer : c

Q. No. 159
The fact of previous conviction shall be stated under section 211(7) of Cr.P.C.in the;
(a) Charge sheet
(b) Court charge
(c) Summons
(d) Warrant

.correct answer : b

Q. No. 160
The Supreme Court has held that the Magistrate is empowered to allow thecounsel
to plead guilty on behalf of an accused where the personal appearance of the
accused is dispensed with in;
(a) Mathai Vs.Sessions Judge
(b) Bhaskar Industries Limited Vs.Bhivani Denin and Apparels Limited
(c) Basavaraj Patel Vs. State of Karnataka
(d) J.K.Industries Vs. State

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.correct answer : b

Q. No. 161
An accused can be acquitted under section 256 Cr.P.C.
(a) For non appearance of complainant
(b) Death of complainant
(c) Either a. or b.
(d) None of these

.correct answer : c

Q. No. 162
In a complaint case an accused can be discharged due to the absence of the
complainant under section 249 Cr.P.C., the section is applicable only to;
(a) Compoundable cases
(b) Non cognizable case
(c) Both
(d) None

.correct answer : c

Q. No. 163
A complaint can be withdrawn under section 257 Cr.P.C.
(a) At any time before a final order is passed
(b) Before framing of charge
(c) Before examination of witness
(d) None

.correct answer : a

Q. No. 164
Who is competent to order the payment of compensation under section 250Cr.P.C.
(a) Any Magistrate
(b) Only the Magistrate who heard the case and discharged or acquitted the

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accused
(c) The successor of the Magistrate who had tried the case
(d) None of these

.correct answer : b

Q. No. 165
An accused can be discharged under section;
(a) 239
(b) 245
(c) 227
(d) Any of the above

.correct answer : d

Q. No. 166
An order to pay compensation under section 237 cannot be ordered against;
(a) President
(b) Vice President
(c) Governor
(d) All the above

.correct answer : d

Q. No. 167
The maximum amount of compensation a Magistrate can impose under Sec.250
Cr.P.C.
(a) 5000
(b) 10000
(c) Not exceeding the amount of fine he is empowered to impose
(d) No limit

.correct answer : c

Q. No. 168
In which of the following stages an accused cannot cross examine the

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prosecution witnesses;
(a) 242 stage
(b) 244 stage
(c) 231 stage
(d) All the above

.correct answer : b

Q. No. 169
Section 256 Cr.P.C. is applicable to;
(a) Summons Cases instituted on a complaint
(b) Summary trials
(c) Warrant cases instituted upon a police report
(d) Warrant cases instituted other wise than on police report

.correct answer : a

Q. No. 170
Under Section 190(1)(b), Magistrate can take cognizance of an offence;
(a) Upon a complaint
(b) Upon a police report
(c) Suo Moto
(d) Any of the above

.correct answer : b

Q. No. 171
A Magistrate can take cognizance of an offence;
(a) Upon a complaint
(b) Upon a police report
(c) Suo Moto
(d) Any of the above

.correct answer : d

Q. No. 172

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Where two or more courts have taken cognizance of the same offence and a
question arises as to which of them ought to enquire is to or try the offence, the
question shall be decided by;
(a) District Judge
(b) High Court
(c) Complainant can opt
(d) None

.correct answer : b

Q. No. 173
Chapter XIII of Criminal Procedure Code deals with
(a) Complaint before Magistrate
(b) Investigation
(c) Jurisdiction of Criminal Courts
(d) Proceedings before Magistrate

.correct answer : c

Q. No. 174
………..is an exception to S.193;
(a) 199(2)
(b) 195
(c) 199(1)
(d) 198

.correct answer : a

Q. No. 175
Under section 193 of Cr.P.C………cannot take cognizance of an offence;
(a) Chief Judicial Magistrate
(b) Sessions Court
(c) 2nd Class Magistrate
(d) None

.correct answer : b

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Q. No. 176
A Magistrate can transfer a case which is taken cognizance by him undersection
190(1) (c) on the application of accused under section;
(a) 191
(b) 407
(c) 192
(d) 408

.correct answer : a

Q. No. 177
Conditions requisite for initiation of proceedings before a Magistrate is dealtwith in
Chapter;
(a) XII
(b) XIII
(c) XIV
(d) XV

.correct answer : c

Q. No. 178
An enquiry under section 176 shall be conducted by
(a) Judicial Magistrate
(b) Executive Magistrate
(c) Police Officer
(d) None

.correct answer : b

Q. No. 179
In an enquiry under section 202
(a) The Magistrate has no authority to conduct test identification parade (1985
KLT 615)
(b) An accused has no right to participate
(c) Magistrate is competent to direct an advocate to make an investigation
(1995(1) KLT 591)

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(d) All the above are correct

.correct answer : d

Q. No. 180
What persons may be charged jointly
(a) Persons accused of the same offence committed in the course of same
transaction.
(b) Persons accused of an offence and persons accused of abatement of or attempt
to commit such offence
(c) Persons accused of different offences committed in the course of same
transaction
(d) All the above

.correct answer : d

Q. No. 181
A trial under would be an exception where the provisions of Cr.P.C.
would not apply
(a) A trial under special act
(b) Court Marshal Proceedings
(c) Both a. and b.
(d) None

.correct answer : b

Q. No. 182
Every Sessions Trial shall be conducted by;
(a) Investigating Officer
(b) Any Advocate with the permission of the Court
(c) A public prosecutor or any advocate authorized by the defacto complainant
(d) Public Prosecutor

.correct answer : d

Q. No. 183

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In respect of offences committed in the course of one transaction, themaximum

offences committed in a year which can be tried;
(a) 3
(b) 6
(c) 5
(d) No limitation

.correct answer : d

Q. No. 184
In a Sessions Case, an accused can be discharged under section 227;
(a) Before framing of charge
(b) After framing charge
(c) Any time during trial
(d) None

.correct answer : a

Q. No. 185
3 Cheques issued by the same accused dishonours and joint notice is sent inrespect
of all the cheques, in such case;
(a) Single compliant can be filed
(b) 3 separate complaints should be filed
(c) 3 complainants should be filed but can be tried together
(d) None of the above

.correct answer : a

Q. No. 186
Under section 228(1) of Cr.P.C. if the sessions judge is of opinion that the offence is
not exclusively triable by the court of sessions, he may transfer thecase;
(a) After framing of charge
(b) Before framing charge
(c) Either a. or b.
(d) None

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.correct answer : a

Q. No. 187
202 enquiry can be conducted by the Magistrate;
(a) Before taking cognizance
(b) After taking cognizance
(c) After taking cognizance but before issuing process
(d) None

.correct answer : c

Q. No. 188
In which of the following Law commission report a revised draft for the newCode of
Criminal Procedure 1973
(a) 12th
(b) 13th
(c) 14th
(d) 15th

.correct answer : b

Q. No. 189
provides that all offences under IPC shall be investigated, inquiredinto,
tried with the provisions of Cr.P.C.
(a) Sec.1 of Cr.P.C.
(b) Se
(c) 2 of Cr.P.C. c. Sec.3 of Cr.P.C.
(d) Sec.4 of Cr.P.C.

.correct answer : d

Q. No. 190
Mark the correct answer The conditional order passed by a Magistrate underSection
133 of the Criminal Procedure Code cannot be challenged in civil court. This
statement is MP APO -2002

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(a) Wrong
(b) Correct
(c) Partly wrong
(d) Partly correct

.correct answer : b

Q. No. 191
of a person to be detained must be specified in the warrant
(a) Religion
(b) Offence committed
(c) Age
(d) None of these

.correct answer : c

Q. No. 192
Prosecution for defamation can be launched under section of the
Criminal Procedure Code
(a) 200
(b) 250
(c) 199
(d) 197

.correct answer : c

Q. No. 193
A service of summons on a Government servant shall ordinarily send to
(a) The person himself
(b) To the head of the office in which he is employed
(c) Affix it in the office
(d) None of these

.correct answer : b

Q. No. 194

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Search without warrant can be conducted under Section 103 of Cr.P.C.

(a) In the presence of the Magistrate who is competent to issue search warrant in
respect of any place.
(b) In the presence of the Magistrate who is not competent to issue search warrant
in respect of any place
(c) Both a. & b.
(d) Either a. or b.

.correct answer : a

Q. No. 195
Where two or more courts have taken cognizance of the same offence and a
question arises as to which of them ought to inquire into and try the offence,the
question shall be decided by
(a) Supreme Court
(b) High Court to which such courts are subordinate
(c) Discussion among themselves
(d) Chief Justice

.correct answer : b

Q. No. 196
When will proceedings be vitiated if the Magistrate is not empowered to do so
? MP PCS J -1998
(a) To issue a search warrant under Section 94 of Cr.P.C.
(b) To hold on inquest under Section 176 of Cr.P.
(c) c. Tries an offender summarily
(d) To tender a pardon under Section 306 of Cr.P.C.

.correct answer : c

Q. No. 197
Service of summons to a person who is employed abroad
(a) Can be served through the embassy
(b) Affix it in the house where he ordinarily resides
(c) Through Interpol
(d) None of these

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.correct answer : a

Q. No. 198
during the Investigation, the investigating police officer in a case has power to
require attendance of a person acquainted with the facts and circumstances of the
case, under Section ..............................of CR.P.C
(a) 160
(b) 2(h)
(c) 165
(d) 173

.correct answer : a

Q. No. 199
Which is the provision under the Code which requires sanction for prosecution of a
public servant in respect of an act in discharge of his officialduty?
(a) Section 195
(b) Section 199
(c) Section 198
(d) Section 197

.correct answer : d

Q. No. 200
What is effect of trial conducted in wrong place? MP PCS J -1998
(a) Vitiated itself
(b) Vitiated if caused failure of justice
(c) Seriousness has to be seen
(d) Is to be referred to High Court

.correct answer : b

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Q. No. 201
Service of summons outside the local limits of a court shall be sent to
(a) The S.P. of Police
(b) S.H.O.
(c) The Magistrate within on whose local jurisdiction the person summon resides
(d) None of these

.correct answer : c

Q. No. 202
Joining of two or more independent and respectable inhabitants of thelocality in
which the place is to be searched is provided in
(a) Section 100(4) of Cr.P.C.
(b) Section 103 of Cr.P.
(c) c. Section 100(2) of Cr.P.C.
(d) Section 102 of Cr.P.C.

.correct answer : a

Q. No. 203
Evidence of any person whose evidence is of a formal character may be givenby
affidavit and be read to evidence in any enquiry and trial as provided under section;
(a) 294
(b) 295
(c) 296
(d) 297

.correct answer : c

Q. No. 204
Insistence on personal presence of the accused and the complainant on all days of
posting has been declared unreasonable and irrational by the KeralaHigh Court in;
(a) Anilkumar Vs.Shami
(b) Alice George Vs. DYSP

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(c) Sukumari Vs. State of Kerala

(d) Sugandhi Vs.Jagadeesan

.correct answer : b

Q. No. 205
Reports of certain government scientific experts may be used as evidence inany
enquiry, trial of other proceedings as provided under section;
(a) 273
(b) 293
(c) 294
(d) 295

.correct answer : b

Q. No. 206
The batha to a defense witness should be paid by;
(a) The Government
(b) The complainant
(c) The accused
(d) The prosecution

.correct answer : c

Q. No. 207
A summons case relating to an offence punishable with imprisonment for a term
exceeding…….can be converted into a warrant case under section 259Cr.P.C.
(a) 1 year
(b) 2 years
(c) 3 months
(d) 6 months

.correct answer : d

Q. No. 208

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Power to stop proceedings under section 258 Cr.P.C. is applicable only in;
(a) Any case triable by Magistrate
(b) Summons case instituted on police report
(c) Summons case instituted on complaint
(d) Warrant cases

.correct answer : b

Q. No. 209
In which of the following Cases the Supreme court held that ‘discharge or
acquittal of accused due to the delay in commencement of trial’ cannot be given
as matter of rule?
(a) Ramachandra Rao Vs. State of Kearnataka
(b) A.R.Antuley Vs. R.S.Naik
(c) “Common cause” – Registered Society Vs. Union of India
(d) Basavaraj Patel Vs. State of Karnataka.

.correct answer : d

Q. No. 210
As a matter of right, the accused in a case cannot examine…….as defensewitness;
(a) A prosecution witness
(b) A witness in the charge sheet
(c) The complainant
(d) The accused himself

.correct answer : c

Q. No. 211
Which of the following section provides that evidence in case shall be taken inthe
presence of the accused;
(a) 205
(b) 317
(c) 271
(d) 273

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.correct answer : d

Q. No. 212
Production warrant can be issued under section;
(a) 167(1)
(b) 167(2)
(c) 267
(d) 309

.correct answer : c

Q. No. 213
The principle of “Autrefois acquit and autrefois convict” is contained insection;
(a) 20(2)
(b) 300
(c) 100
(d) 302

.correct answer : b

Q. No. 214
In which of the following cases no part of the proceedings is an inquiry
(a) Sessions cases
(b) Warrant cases
(c) Summons cases
(d) None of these

.correct answer : c

Q. No. 215
Under section 300 Cr.P.C
(a) Person once convicted or acquitted not to be convicted or acquitted again fro
the same offence
(b) Person once convicted or acquitted not to be charge sheeted for same offence

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(c) Person once convicted or acquitted not to be tried for same offence
(d) None of these

.correct answer : c

Q. No. 216
The affidavit mentioned under section 296 for the purpose of using before anycourt
may be sworn or affirmed before;
(a) Any Judge or judicial or executive magistrate
(b) Any commissioner of oath appointed by High Court or Court of Sessions
(c) Any notary
(d) All the above

.correct answer : d

Q. No. 217
Which of the following is introduced by the Code of Criminal Procedure,1973
(a) Widened the scope of summary trials
(b) Taken away the powers of revision in against the interlocutory orders
(c) Widened the scope of summons trials
(d) All the above

.correct answer : d

Q. No. 218
The Supreme Court declared recording of evidenced through video conferencing is
valid and it is as per “Procedure established by law” in
(a) Swamy Jayendra Saraswathy Vs. State of Tamil Nadu
(b) State of Maharashtra Vs. Praful Desai
(c) Loknath Misra Vs. State of Orissa
(d) Afsal Guru Vs.NCT, Delhi.

.correct answer : b

Q. No. 219

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General provisions regarding inquires and trial are dealt with in

(a) Chapter XX
(b) Chapter XXI
(c) Chapter XXIV
(d) Chapter XXV

.correct answer : c

Q. No. 220
The procedure for proving previous conviction of acquittal is given in;
(a) 297
(b) 298
(c) 299
(d) 211(7)

.correct answer : b

Q. No. 221
In which of the following cases the bar under section 300 applies;
(a) A second trial under Customs and Gold Control Act when the accused were
earlier tried under section 409 IPC (1997(1) KLT SN 4)
(b) Complaint dismissed for non appearance of the complainant under sections
203, and a fresh complaint filed
(c) Accused discharged holding that the proceedings were not maintainable as they
were initiated on a report filed by a person who was not authorized by law, a fresh
complaint by authorized officer (1994(1) KLT 59)
(d) All the above cases the bar is not applicable

.correct answer : d

Q. No. 222
In a summons case the trial commences from
(a) Framing of charge
(b) Issuance of process
(c) The moment the accused appears
(d) Examination of witnesses

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.correct answer : c

Q. No. 223
When a sentence of imprisonment for a term passed on an escaped convict, ifsuch
sentence is not severer in kind than the sentence which such convict wasundergoing
when he escaped the new sentence shall take effect…..
(a) After he has suffered imprisonment for a further period equal to that which, at
the time of his escape, remained unexpired of his former sentence;
(b) Immediately
(c) Only after time specified by the court
(d) After a week.

.correct answer : a

Q. No. 224
Non cognizable offence has been defined under Section .....................of CR.P.C
(a) 2(1)
(b) 2(i)
(c) 2(c)
(d) Not defined

.correct answer : b

Q. No. 225
A conviction by a Judicial 1st Class Magistrate which was appointed asSpecial
Court for trial for mark list cases, the appeal can be filed to;
(a) High Court
(b) Sessions Court
(c) Additional Sessions Court
(d) Chief Judicial Magistrate’s Court

.correct answer : b

Q. No. 226
If a person in lawful custody escapes, the person from whose custody he

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escaped may, immediately pursue and arrest him MP PCS J -2001

(a) Within local limits of the police station concerned
(b) Within local limits of the district
(c) Within local limits of the state
(d) In any place in India

.correct answer : d

Q. No. 227
Where life imprisonment is imposed on conviction on a person for an offence for
which death is one of the punishments provided by law, or where a sentence of
death imposed on a person has been commuted under Section 433into one of
imprisonment for life, such person shall not be released from prison unless he had
served at least;
(a) 14 years of imprisonment
(b) 10 years of imprisonment
(c) 20 years of imprisonment
(d) 12 years of imprisonment

.correct answer : a

Q. No. 228
A magistrate has the power to direct the police to investigate into an offenceunder
(a) Section 156(3) of Cr.P.C.
(b) Section 202 of Cr.P.
(c) c. Section 173(8) of Cr.P.C.
(d) All the above.

.correct answer : d

Q. No. 229
Which of the following is correct?
(a) A special judge has got the authority to sent a private complaint under Section
156(3) to the police for investigation (2001(3) KLT 444)
(b) Kerala police has jurisdiction to investigate an offence even if committed
outside India by an Indian Citizen (1993(1) KLT 412)

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(c) No previous sanction of the Central Government is required for investigation

into an offence committed by an Indian citizen outside India (1999(2) KLT 794)
(d) All the above.

.correct answer : d

Q. No. 230
The Court of a Magistrate of first class may pass a sentence of imprisonmentfor a
term not exceeding MP PCS J -2001
(a) Three years
(b) Five years
(c) Seven years
(d) Four years

.correct answer : a

Q. No. 231
When a prisoner is to be confined in jail, the warrant shall be lodged with;
(a) The S.H.O. having jurisdiction
(b) The jailor
(c) S.P. of police
(d) D.G.P.

.correct answer : b

Q. No. 232
Under Section 20(4) of Cr.P.C., ……is the competent authority to prepare apanel of
persons fir to be appointed as public prosecutor in a district;
(a) District Judge
(b) District Magistrate
(c) High Court Judge in charge of the particular District
(d) Governor

.correct answer : b

Q. No. 233

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In proceeding under Section 107 of Code of Criminal Procedure an Executive

Magistrate may require to execute a bond for keeping peace for such period, not
exceeding MP PCS J -2001
(a) One year
(b) Two years
(c) Three years
(d) Six months

.correct answer : a

Q. No. 234
‘Complaint’ is defined under section ...................... of Cr.P.C.
(a) 2(d)
(b) 2(f)
(c) 2(e)
(d) not defined

.correct answer : a

Q. No. 235
Every sentence of death passed by the Court of Sessions shall be submitted to the
High Court;
(a) For review
(b) For confirmation
(c) For revision
(d) None of these

.correct answer : b

Q. No. 236
Any person, who has accepted a tender of pardon made under Section 306 or
Section 307, has, either by willfully concealing anything essential or by givingfalse
evidence, not complied with the condition on which the tender was made. Who
will certify this fact? MP PCS - 2001
(a) District Magistrate
(b) Sessions Judge
(c) Public Prosecutor

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(d) Chief Judicial Magistrate

.correct answer : c

Q. No. 237
For the preparation of the panel of names of persons fit to be appointed aspublic
prosecutors, the District Magistrate shall consult;
(a) The High Court
(b) A High Court Judge
(c) The Sessions Judge
(d) The C.J.M.

.correct answer : c

Q. No. 238
In reference of information relating to the commission of a cognizable offence,
which of the following statements is not correct ? MP PCS J -2001
(a) It may be given orally to an officer in charge of a police station
(b) It is reduced to writing by or under the direction of the officer in charge of the
police station
(c) Information reduced to writing is to be signed by the person giving it.
(d) Copy of information cannot be given free of cost, to the informant.

.correct answer : d

Q. No. 239
A person who has been in practice as an advocate for less than…..years iscompetent
to be appointed as a special public prosecutor;
(a) 7 years
(b) 5 years
(c) 10 years
(d) 12 years

.correct answer : c

Q. No. 240

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In a bailable offence, the bail is

(a) a matter of right
(b) discretion of the Court
(c) discretion of the police officer
(d) none of the above

.correct answer : a

Q. No. 241
On the death of an appellant during the pendency of the appeal, an application by
any of the near relatives for the leave of the Court to continuethe appeal;
(a) Within 90 days of the death of the appellant
(b) Within 30 days of the death of the appellant
(c) Within 90 days of the death of the appellant
(d) Within one year of the death of the appellant

.correct answer : b

Q. No. 242
Magistrate by whom the case is heard may award such compensation, not
exceeding .......................... rupees to be paid to any person groundlessly arrested
by the person so causing the arrest. MP PCS J -2001
(a) One hundred
(b) Five hundred
(c) Three hundred
(d) One thousand

.correct answer : a

Q. No. 243
A person who has been in practice as an advocate for less than ............. years is
competent to be appointed as a public prosecutor;
(a) 7 years
(b) 5 years
(c) 10 years
(d) 12 years

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.correct answer : a

Q. No. 244
At any time before the Judgment is pronounced, prosecution of any personmay be
withdrawn with the consent of the Court by MP PCS J -2001
(a) On whose instance first information report was recorded
(b) Investigating officer of the case
(c) Public Prosecutor or Assistant Public Prosecutor in charge of the case
(d) Person aggrieved by the offence

.correct answer : c

Q. No. 245
Classification of offences into Compoundable and Non-compoundableoffences has
been given in the Code of Criminal Procedure under
(a) 1st schedule
(b) 2nd schedule
(c) S.320
(d) Not given in Cr.P.C

.correct answer : c

Q. No. 246
As per Sec.468 Cr.P.C., period of limitation in the case of an offencepunishable
with imprisonment for a term not exceeding one year is;
(a) One year
(b) Six months
(c) Three months
(d) No limitation

.correct answer : a

Q. No. 247
Which of the following classifications comes under Criminal ProcedureCode?

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(a) Summons cases & Warrant cases.

(b) Bailable & Non Bailable offences
(c) Cognizable & non cognizable offences
(d) Compoundable and non-compoundable offences
(e) All of the above

.correct answer : e

Q. No. 248
Inquiry is defined in Sec……of Cr.P.C.;
(a) 2(h)
(b) 2(g)
(c) 2(i)
(d) 2(f)

.correct answer : b

Q. No. 249
Cognizance in a case is taken of the
(a) Offence
(b) . Offender
(c) . Prosecution
(d) . Charge.

.correct answer : a

Q. No. 250
When the person required by any Court to execute a bond is a minor, thebond may
be executed;
(a) By the minor himself.
(b) By the minor and sureties jointly.
(c) By a surety or sureties only
(d) No bond is needed

.correct answer : c

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Q. No. 251
Cognizable offence has been defined under Sec ........................ of Cr.P.C
(a) 2(a)
(b) 2(c)
(c) 2(i)
(d) Not defined

.correct answer : b

Q. No. 252
A Magistrate can direct the investigation into a cognizable offence by;
(a) Any police officer
(b) Superior police officers under Se
(c) 36 of Cr.P.C. c. C.B.I.
(d) Station House Officer

.correct answer : d

Q. No. 253
The Central Government or the State Government may appoint for the purposes of
any case or class of cases, a person who has been in practice asadvocate for not less
than MP PCS J -2001
(a) Five
(b) Seven
(c) Eight
(d) Ten years as a Special Public Prosecutor.

.correct answer : d

Q. No. 254
The term investigation is defined in Section;
(a) 2(g)
(b) 2(h)
(c) 2(i)
(d) 2(f)

.correct answer : b

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Q. No. 255
Under Section 156(3) a magistrate has the power to direct the investigation by
(a) SHO
(b) CBI
(c) Any Agency
(d) None of these

.correct answer : a

Q. No. 256
Payment of compensation by the complainant in a complaint case to pay
compensation to the accused when there was no reasonable ground for making the
accusation against the accused is provided in section
(a) 250
(b) 251
(c) 350
(d) 357

.correct answer : a

Q. No. 257
How much punishment may be awarded to an accused who is found guiltyunder a
summary trial? MP PCS J -1998
(a) Not exceeding two years
(b) Not exceeding one year
(c) Not exceeding six months
(d) Not exceeding three months

.correct answer : d

Q. No. 258
In case of default of payment of compensation under Section 250 by thecomplainant
to the accused, the person ordered to pay ordered to pay compensation;
(a) Shall undergo simple imprisonment for 7 days

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(b) Shall undergo imprisonment of either nature for 30 days

(c) Shall undergo rigorous imprisonment for 6 weeks
(d) Shall undergo simple imprisonment for a period not exceeding 30 days

.correct answer : d

Q. No. 259
Whether an accused may be a competent witness in his own defense? MPPCS J -
1998
(a) If he applies in writing on his own request
(b) No
(c) With the leave of Court of Session
(d) With the leave of High Court

.correct answer : a

Q. No. 260
Two cases arising out of the same incident, one case is exclusively trialable bya
Court of Sessions and one trialable by any Magistrate;
(a) It is necessary to transfer the 2nd case to the Magistrate
(b) Both cases should be tried together
(c) The Sessions Judge can use his discretion
(d) None of these

.correct answer : b

Q. No. 261
The committee recommended major changes in the Code of CriminalProcedure
1973:
(a) Justice R.S.Padhak Committee.
(b) Justice Malimath Committee
(c) Justice Nanavathy Committee
(d) Justice Varma Committee

.correct answer : b

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Q. No. 262
Under section 241 Cr.P.C. if the accused pleads guilty, the judge shall recordthe plea
and may, in his discretion;
(a) Acquit him
(b) Release him
(c) convict him
(d) None of these

.correct answer : c

Q. No. 263
Whenever a Magistrate is of opinion, after hearing the evidence for prosecution &
the accused, that the accused is guilty, and that he ought to receive a severe
punishment, then such Magistrate is empowered to inflict,the Magistrate may
forward the case to MP PCS J -1998
(a) Session Judge
(b) Chief Judicial Magistrate
(c) District Magistrate
(d) Concerned Police Station

.correct answer : b

Q. No. 264
The maximum number of offences of the same kind within the space of twelve
months that can be charged together is;
(a) 3
(b) 4
(c) 5
(d) No limit

.correct answer : a

Q. No. 265
A proclaimed person whose property has been attached can claim the property or
the sale proceeds, on appearance within………year of attachment
(a) 1

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(b) 3
(c) 2
(d) 5

.correct answer : c

Q. No. 266
The maximum amount of compensation a 1st class Judicial Magistrate canaward;
(a) Rs.5,000/-
(b) Rs.10,000/-
(c) Rs.50,000/-
(d) No limit

.correct answer : d

Q. No. 267
Section 211 of the Cr.P.C provides for
(a) Contents of charge
(b) framing of charge the contents of complaint
(c) hearing on charge
(d) alteration of charges

.correct answer : d

Q. No. 268
Who amongst the following is competent under Section 92 of Cr.P.C. to orderthe
postal or telegraph authority to deliver the document thing?
(a) District Magistrate
(b) Chief Judicial Magistrate
(c) Metropolitan Magistrate
(d) All the above

.correct answer : d

Q. No. 269

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Under Section 30 of Cr.P.C. the Court of a Magistrate may award such termof
imprisonment in default of payment of fine but ;
(a) It is not in excess of powers of the Magistrate under Section 29
(b) Shall not, where imprisonment has been awarded as part of the substantive
sentence, exceed ¼th of the term of imprisonment which the magistrate can
impose.
(c) The imprisonment awarded under this section may be in addition to a
substantive sentence of imprisonment
(d) All the above are correct

.correct answer : d

Q. No. 270
In one trial A is awarded with the sentence which is not appealable whereassentence
against B is appealable. Whether A can file an appeal against his sentence? MP PCS
J -1998
(a) No
(b) Only with special leave
(c) Yes
(d) There is no such provision

.correct answer : c

Q. No. 271
Cognizance of an offence punishable 499 of the Indian Penal Code can betaken by
the court on a complaint made by
(a) The court
(b) The public prosecutor
(c) a public servant
(d) A person aggrieved by the offence

.correct answer : d

Q. No. 272
When can a trial court release an accused on bail under Section 389(3) ofCr.P.C.
after conviction? MP PCS J -1998
(a) Where accused is on bail and imprisonment is not exceeding 3 years

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(b) Where accused is on bail and imprisonment is not exceeding 5 years

(c) Where accused is on bail and imprisonment is not exceeding 7 years
(d) Where offence is exclusively bailable whether accused is on bail or not

.correct answer : a

Q. No. 273
Under section 210 Cr.P.C. When there is a complaint case and police case inrespect
of the same offence
(a) They should be tried separately
(b) They may be tried together or separately
(c) They should be tried together
(d) They may not tried together

.correct answer : c

Q. No. 274
Under S. 96 , a declaration of forfeiture under Section 95 of Cr.P.C. can be setaside
by;
(a) High Court
(b) Chief Judicial Magistrate
(c) Court of Sessions
(d) Any of the above

.correct answer : a

Q. No. 275
Sentence in default of payment of fine cannot be directed to run concurrentlywith
substantive sentence. This is provided in
(a) 64 of Cr.P.C.
(b) 64 of I.P.
(c) c. Rule 64 of Criminal Rules of Practice
(d) 65 of I.P.C.

.correct answer : b

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Q. No. 276
If in a criminal appeal an accused dies and his near relatives wish to continue the
appeal, then within how much period they must apply? (MP PCS J -1998)
(a) Four months
(b) Three months
(c) Sixty days
(d) Thirty days

.correct answer : d

Q. No. 277
A warrant can be issued under Section 87;
(a) In lieu of summon
(b) In addition to summons
(c) Both a. & b.
(d) None of the above

.correct answer : c

Q. No. 278
There shall be no appeal by a convicted person where a Magistrate of the firstclass
passes only a sentence of fine not exceeding MP PCS J -2001
(a) One hundred
(b) Two hundred
(c) Three hundred
(d) Two hundred and fifty rupees.

.correct answer : a

Q. No. 279
When any person is sentenced to death, the sentence shall direct that he be;
(a) Hanged till he is dead
(b) Hanged by neck
(c) Hanged by neck till death
(d) None of these

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.correct answer : c

Q. No. 280
No Court shall take cognizance of an offence punishable with fine only, afterthe
expiry of the period of limitation of MP PCS J -2001
(a) Two months
(b) Three months
(c) Ninety days
(d) Six months

.correct answer : d

Q. No. 281
The compounding of an offence under Section 320 shall have the effect of;
(a) Discharge
(b) Withdrawal
(c) Permission of the court
(d) An acquittal

.correct answer : d

Q. No. 282
Three years period of limitation is prescribed for taking cognizance of the offence
punishable with imprisonment for a term not exceeding MP PCS J
-2001
(a) One year
(b) Three years
(c) Five years
(d) Seven years

.correct answer : b

Q. No. 283
As per the Cr.P.C. Amendment Act 2005, the State Government mayestablish a
directorate of prosecution. This is provided in Section;

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(a) 24(10)
(b) 25(A)
(c) 20(A)
(d) 24(9)(A).

.correct answer : b

Q. No. 284
The Public Prosecutor or Assistant Public Prosecutor in charge of a case may
appear and plead before any court in which that case is under inquiry, trial or
appeal;
(a) Without any written authority
(b) with written authority
(c) With the permission of the Court
(d) With oral instruction

.correct answer : a

Q. No. 285
What sentence an Assistant Sessions Judge may award ? MP PCS J -1998
(a) Life imprisonment
(b) Any sentence authorized by law except a sentence of death or of imprisonment
for life or of imprisonment for a term exceeding ten years
(c) Up to fourteen years
(d) Up to twenty years

.correct answer : b

Q. No. 286
If a court has reason to believe that a person against whom a warrant has been
issued is either absconding or concealing himself so that a warrant cannot be
executed, the a court may issue a proclamation against him. Thatperson should be .
(DJS 2007)
(a) An accused person
(b) A surety
(c) A witness
(d) All the above

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.correct answer : d

Q. No. 287
A police officer arresting a person may carry out the personal search of the
person arrested, as provided under Section .............................. of Cr.P.C.
(a) 165
(b) 54
(c) 51
(d) 50

.correct answer : c

Q. No. 288
A person shall be eligible to be appointed as a Deputy Director of Prosecutiononly if
he has been in practice as an Advocate for not less than……years;
(a) 5 years
(b) 7 years
(c) 10 years
(d) 12 years

.correct answer : c

Q. No. 289
The provisions of Section 25A is not applicable to;
(a) Deputy Director or Prosecution
(b) Special Prosecutors
(c) Prosecutors in the High Court
(d) Advocate General

.correct answer : d

Q. No. 290
It is mandatory to produce the person arrested before the magistrate, within24
hours of his arrest under Section ............................. of Cr.P.C.
(a) 157.

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(b) 58
(c) 57
(d) 41

.correct answer : c

Q. No. 291
The plea of autrefois acquit or autrefois convict can be taken as a defenceunder;
(a) Section 300 of Code
(b) Section 301 of the Code
(c) Section 302 of Code
(d) Section 303 of Code

.correct answer : a

Q. No. 292
A person arrested by a police officer may be kept in custody for MP PCS J
-1998
(a) Two days
(b) Three days
(c) Twenty-four hours
(d) One week

.correct answer : c

Q. No. 293
As per S.260 of Cr.P.C. What is the maximum term of imprisonment in thecase of
conviction for an offence which can be tried summarily?
(a) Fifteen days
(b) Six months
(c) Three months
(d) One month

.correct answer : c

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Q. No. 294
In a first information an offence is cognizable and other is non-cognizable thewhole
case shall be deemed to be MP PCS J -1998
(a) Cognizable
(b) Non-cognizable
(c) It is to be seen whether it is a warrant case
(d) It is to be seen whether it is a summon case

.correct answer : a

Q. No. 295
What is true about Court of Session? MP PCS J -1998
(a) It can take cognizance without commitment
(b) It cannot take cognizance without commitment
(c) It can take cognizance on the recommendation of District Magistrate
(d) It can take cognizance if the challan is put up by the Superintendent of Police

.correct answer : b

Q. No. 296
The jurisdiction in the case of Juveniles is vested in;
(a) The High Court
(b) The Sessions Court
(c) The C.J.M.
(d) Any Magistrate

.correct answer : c

Q. No. 297
Period of limitation for filing claims and objections to the attachment of anyproperty
attached under section 83 of Cr.P.C. by any person other than the proclaimed
person, as provided under section 84 of Cr.P.C.
(a) Within two months of attachment
(b) Within one year of attachment
(c) Within six months of attachment
(d) Within three months of attachment

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.correct answer : a

Q. No. 298
The maximum amount of fine a Judicial 1st Class Magistrate can impose;
(a) Rs.5,000/-
(b) Rs.10,000/-
(c) As per the Schedule of Cr.P.C.
(d) No limit

.correct answer : b

Q. No. 300
A person not complying with the conditions of pardon shall not tried for theoffence
of giving false evidence except with the sanction of;
(a) Public Prosecutor
(b) Sessions Court
(c) Court which tendered pardon
(d) High Court

.correct answer : d

Q. No. 301
A person not complying with the conditions of pardon can be tried for whichof the
following offence;
(a) For giving false evidence
(b) For fabricating evidence
(c) Abatement of offences for which he was given pardon
(d) None of these

.correct answer : a

Q. No. 302
In which of the following cases the Supreme Court has held that a questionnaire can
be supplied to the counsel of the accused to be answered bythe accused to comply
with section 313 Cr.P.C.
(a) Mahendra Singh Vs. State of Maharashtra
(b) Basavaraj Patel Vs. State of Karntaka

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(c) Rajendraprasad Vs. Narcotic Cell

(d) Sunil Bajaj Vs. State of M.P.

.correct answer : b

Q. No. 303
Every person accepting a tender of pardon under section 306(1) shall beexamined as
a witness in the court of;
(a) Trial
(b) Magistrate taking cognizance of the offence
(c) Both the Magistrate taking cognizance of the offence and in the subsequent
trial
(d) None of these

.correct answer : c

Q. No. 304
The power to postpone or adjourn the proceedings during the trial as enquiryis
provided under Section;
(a) 317
(b) 205
(c) 309
(d) 305

.correct answer : c

Q. No. 305
The maximum period a Magistrate can remand an accused under Section 309Cr.P.C.
(a) 15 days
(b) 90 days
(c) Not exceeding 15 days at a time
(d) 60 days

.correct answer : c

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Q. No. 306
When a person is added as an accused of the law required is;
(a) A Separate trial for the newly added accused
(b) A denovo trial in a separate proceedings
(c) A denovo trial in the very same proceedings
(d) Non of the above

.correct answer : c

Q. No. 307
A remand under section 309 can be;
(a) Police custody
(b) Judicial custody only
(c) Partly judicial and partly police custody
(d) Any of the above.

.correct answer : b

Q. No. 308
Which of the following is a non compoundable offence?
(a) 325
(b) 335
(c) 337
(d) 326

.correct answer : d

Q. No. 309
Chapter of Cr.P.C. provides for summary procedure for maintenance of
neglected wife, parents and child
(a) IX
(b) X
(c) VIII
(d) VII

.correct answer : a

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Q. No. 310
The Supreme Court has held that a criminal trial can be held in jail and it isnot
against Section 327 Cr.P.C in
(a) Keharsingh Vs. Delhi Administration
(b) Nalini Vs. State of Tamil Nadu
(c) Sanjaydut Vs. CBI
(d) Sahira Sheik Vs. State of Gujarat

.correct answer : a

Q. No. 311
The power of courts to award compensation;
(a) Is ancillary to other sentences
(b) Is in addition to other sentences
(c) Either (a) or (b)
(d) None of these

.correct answer : b

Q. No. 312
Who can file a petition for withdrawal under Section 321 Cr.P.C.
(a) The defcto complainant
(b) The de juro complainant
(c) The Public Prosecutor
(d) Any of the above

.correct answer : c

Q. No. 313 Allowing an application under Section 321 must be in the interestof
(a) The defacto complainant
(b) The State
(c) Prosecutor
(d) Administration of Justice

.correct answer : d

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Q. No. 314
When a sentence of death, imprisonment for life or fine is passed on anescaped
convict, such sentence shall……………..
(a) Take effect from the date specified on the judgment
(b) Take effect immediately
(c) On the expiry of the previous sentence
(d) None

.correct answer : b

Q. No. 315
When more persons than one are convicted in one trial and an appealable judgment
ahs been passed
(a) A joint appeal should be file
(b) An appeal may be filed by all or any of the persons
(c) An appeal shall be filed by all persons
(d) An appeal should be filed by the majority of persons

.correct answer : b

Q. No. 316
The review power of criminal court is taken away by Section….of Cr.P.C.
(a) 361
(b) 362
(c) 261
(d) 262

.correct answer : b

Q. No. 317
In the case of a continuing offence;
(a) No period of limitation
(b) A fresh period of limitation shall begin to run at every moment of the time
during which the offence continues
(c) 12 years
(d) None of the above

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.correct answer : b

Q. No. 318
When a sentence of imprisonment for a term if passed under the Code on anescaped
convict, if such sentence is severer in kind than the sentence which such convict was
under giving when he escaped;
(a) The new sentence shall take effect immediately
(b) The new sentence shall be taken effect from the date court decides
(c) The new sentence need not be given effect to
(d) None

.correct answer : a

Q. No. 319
In which of the following cases, the Kerala High Court has held that the summons is
issued to produce a document in the custody of the house of parliament or of a
legislature the speaker shall place the request before thehouse and the speaker has no
discretion in the matter;
(a) Vakkom Purushothaman Vs. State of Kerala
(b) Navab Rajendran Vs. State of Kerala
(c) Jomon Puthenpurakkal Vs. State of Kerala
(d) None of these

.correct answer : a

Q. No. 320
Section 433 empowers the Government to commute, without the consent ofthe
person concerned,
(a) A sentence of death-For any other punishment provided in the IPC
(b) A sentence of imprisonment for life-For punishment for a term not exceeding
fourteen years of fine
(c) A sentence of rigorous imprisonment-for simple imprisonment for any term to
which that person might have been sentenced or for fine
(d) All of the above.

.correct answer : d

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Q. No. 321
The full bench decision of the Kerala High Court which held that the accusedhas no
right to cross examine an approver while he is examined before the Magistrate.
(a) Asokan.L.S. Vs. State of Kerala
(b) Abbas Vs. State of Kerala
(c) Moosa Vs. S.I. of Police
(d) Shaji Vs. State of Kerala.

.correct answer : a

Q. No. 322
Which of the following cannot be dismissed for default?
(a) A criminal appeal filed by the accused against conviction
(b) A criminal Revision Petition
(c) Both (a) & (b)
(d) None of these

.correct answer : c

Q. No. 323
When an appellant is ultimately sentenced to imprisonment for a term or to
imprisonment for life, the time during which he is released on bail shall be…
(a) Included or excluded at the discretion of the Court
(b) Excluded in computing the term for which he is so sentenced
(c) Included in computing the term for which he is so sentenced
(d) Neither (a) nor (b).

.correct answer : b

Q. No. 324
When a sentence of Imprisonment for a term passed on an escaped convict, ifsuch
sentence is not severer in kind that the sentence which such convict was undergoing
when he escaped the new sentence shall take effect….
(a) after 15 days

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(b) After he has suffered imprisonment for a further period equal to that which at
the time of his escape, remained unexpired of his former sentence.
(c) Immediately
(d) Only after the time specified by the court

.correct answer : b

Q. No. 325
The constitution bench decision which examined the scope and ambito section195
and declared that it is applicable only when the document was in custodialegis;
(a) Iqbal singh Marva Vs.Meenakshi Marva
(b) Kalimuthu Vs. State
(c) Fathr Thomas Vs. Thomas J Padiyath
(d) Oonamchand Jain Vs. Fazru

.correct answer : a

Q. No. 326
A complaint alleging the commission of an offence under Section 500 can befiled;
(a) By aggrieved person only
(b) By the Power of Attorney Holder of the Aggrieved person
(c) Concept of Locus standi is alien to criminal jurisproudence and any one can
file the complaint
(d) Both (a) & (b).

.correct answer : a

Q. No. 327
When a person already undergoing a sentence of imprisonment for life is sentenced
on a subsequent conviction, to imprisonment for a term or for aterm of
imprisonment for life, the subsequent sentence shall…….
(a) Run consecutively
(b) Run concurrently with such previous sentence
(c) Take effect after the expiry of the previous sentence
(d) Be postponed indefinitely

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.correct answer : b

Q. No. 328
The defacto complainant can be heard in a petition filed by the accused under
Sections , the Kerala High Court has held this in ;
(a) K.C.Kunjiraman Vs. State of Kerala
(b) Jyothish Vs. State of Kerala
(c) Thammanam Shaji Vs. State of Kerala
(d) Anilkumar Vs. State of Kerala.

.correct answer : a

Q. No. 329
Which of the following order is absolute?
(a) 133
(b) 144
(c) Both (a) and (b)
(d) None of these

.correct answer : b

Q. No. 330
The definition of ‘cognizable offence’ uses the expression
(a) May arrest
(b) Shall arrest
(c) A. or B.
(d) None

.correct answer : a

Q. No. 331
When a sentence of death, imprisonment for life or fine is passed on anescaped
convict, such sentence shall….
(a) Take effect immediately
(b) On the expiry of the previous sentence.

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(c) On a specified date

(d) None of these

.correct answer : a

Q. No. 332
A precise formulation of the specific accusation made against a person, who is
entitled to know its nature at the earliest stage is called
(a) Charge sheet
(b) Charge
(c) Sentence
(d) Conviction

.correct answer : b

Q. No. 333
A warrant for levy of fine shall……
(a) Be executed by arrest or detention of the offender.
(b) Not to be executed by arrest or detention of the offender.
(c) Can be executed by arrest only
(d) Can be executed by detention only

.correct answer : b

Q. No. 334
Every warrant for the execution of sentence of imprisonment shall bedirected to….
(a) The officer in charge of the jail or other place in which the prisoner is or is to
be confined
(b) To the Sub Inspector of Police of the local jurisdiction
(c) To the nearest Magistrate
(d) None

.correct answer : a

Q. No. 335

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When the prisoner is to be confined in jail, the warrant shall be lodgedwith….

(a) The jailor
(b) Local Sub Inspector of Police
(c) Director General of Police
(d) None of these

.correct answer : a

Q. No. 336
Where an appeal is against a conviction and sentence of death or of imprisonment,
and the appellant dies during the pendency of the appeal,
(a) Dismissed
(b) The near relatives can continue the appeal with the permission of the Court
(c) Shall abate
(d) None

.correct answer : b

Q. No. 337
On the death of an appellant during the pendency of the appeal, an application by
any of the near relatives for the leave of the Court to continuethe appeal; within
(a) 30 days of the death of the appellant
(b) 15 days of the death of the appellant
(c) 90 days of the death of the appellant
(d) one year

.correct answer : a

Q. No. 338
The rule of interpretation which is made famous by the classic decision whichhas
been followed by Courts in India in interpreting the criminal procedure
(a) R. Vs. Baskarvillie
(b) Emperor Vs. Ismail Hirji
(c) Kottayya Vs. Emperor
(d) Tailor Vs. Tailor

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.correct answer : d

Q. No. 339
The Supreme Court has issued guidelines for the interim custody ofproperties
pending trial in
(a) Samya Seit Vs. Sambu Sarkar
(b) M.P.Lohia Vs. State of West Bengal
(c) Sunderbhai Ambalal Vs. State of Gujrat
(d) Shaji Vs. State of Kerala.

.correct answer : c

Q. No. 340
The authority who can tender pardon to accomplice to make him an approverduring
the stage of investigation;
(a) Any Magistrate
(b) The Magistrate who is enquiring into or trying the case
(c) Chief Judicial Magistrate or Metropolitan Magistrate
(d) None of the above

.correct answer : c

Q. No. 341
The procedure for tendering pardon to an accomplice is mentioned in
(a) 305
(b) 306
(c) 360
(d) 361

.correct answer : b

Q. No. 342
The procedure when a corporation or a registered society is an accused, isprovided
under section;
(a) 304

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(b) 305
(c) 306
(d) 307

.correct answer : b

Q. No. 343
The code of criminal procedure deals with
(a) The constitution and powers of Courts
(b) The conduct of criminal proceedings
(c) prevention of crimes
(d) All the above

.correct answer : d

Q. No. 344
Which of the following section is applicable even in Court martial convictions
(a) 374
(b) 389
(c) 433A
(d) None of these

.correct answer : c

Q. No. 345
The prosecution in a Magistrate Court can be conducted by instituted on apolice
report;
(a) Assistant Public Prosecutor
(b) Any person after than a police officer below the rank of inspectors
(c) Any person including the police officer who has taken part in the investigation
(d) All the above

.correct answer : b

Q. No. 346
‘A” is tried for causing grievous hurt and convicted. The person injured

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afterwards died.
(a) A may be tried again for culpable homicide
(b) A cannot be tried again for any offence
(c) A can be tried for murder
(d) None of these

.correct answer : a

Q. No. 347
Legal aid to accused who has no sufficient means to engage a pleads shall be
provided by the court by assigning a pleads for his defense at the expense of the
state, is provided in section;
(a) 303
(b) 304
(c) 305
(d) 300

.correct answer : b

Q. No. 348
The right of an accused to be defended by a pleader of his choice is providedin
section;
(a) 302
(b) 303
(c) 304
(d) 305

.correct answer : b

Q. No. 349
A person discharged under section 258
(a) Can be tried again
(b) Shall not be tried again
(c) Shall not be tried again except with the consent of the court
(d) None of these

.correct answer : c

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Q. No. 350
The procedure for trial of persons not complying with the conditions ofpardon is
mentioned;
(a) 306
(b) 307
(c) 308
(d) 367

.correct answer : c

Q. No. 351
Under which of the following sections, the examination of the accused ismandatory;
(a) 313(1)(a)
(b) 313(1)(b)
(c) Both (a) & (b)
(d) None of these

.correct answer : b

Q. No. 352
The power to certify that a person who is tendered pardon not complyingwith the
conditions of pardon under section 308 is with
(a) The Court which tendered pardon
(b) The Court enquiring into or trying the case
(c) Public Prosecutor
(d) Investigating Officer

.correct answer : c

Q. No. 353
Power under section 307 Cr.P.C. to direct tender of pardon is vested with
(a) Any Magistrate
(b) Chief Judicial Magistrate
(c) Sessions Court
(d) None of the above

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.correct answer : c

Q. No. 354
The word “Lacuna” in the contest of Section 311 Cr.P.C. means;
(a) Fall out of oversight
(b) Any latches
(c) Inherent weakness
(d) None of these

.correct answer : c

Q. No. 355
A person accepting a tender of pardon under section 306 Cr.P.C.
(a) shall be examine as a witness in the court of Magistrate taking cognizance and
in the subsequent trial;
(b) Shall be detained in custody until the termination of the trial unless he is
already in bail
(c) Both (a) and (b)
(d) None of the above

.correct answer : c

Q. No. 356
Power under Section…….includes the power to advance a case by the Trialcourt;
(a) 482
(b) 309
(c) 167
(d) 205

.correct answer : b

Q. No. 357
Section 306 Cr.P.C.(tender of pardon to accomplice) applies to;
(a) Offences exclusively triable by Court of Sessions

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(b) Any offences punishable with imprisonment which may extent to 7 years or
more
(c) Both (a) and (b)
(d) None of the above

.correct answer : c

Q. No. 358
The Supreme Court examined the scope of a private person to participate in conduct
of prosecution when trial is before Magistrate Court and held that aprivate person
can conduct prosecution before a magistrate in
(a) Balakrishna Pillai Vs. State of Kerala
(b) T.
(c) Mathai Vs. District and Sessions Judge c. K.Karunakaran Vs. State of Kerala
(d) J.K.International Vs. State

.correct answer : d

Q. No. 359
The authority who can tender pardon to accomplice to make him anapprover,
during the state of inquiry and trial is;
(a) Chief Judicial Magistrate
(b) Metropolitan Magistrate
(c) First Class Magistrate inquiring into or trying the offence
(d) All the above

.correct answer : d

Q. No. 360
When a sentence of imprisonment for a term passed on an escaped convict, ifsuch
sentence is not severer in kind than the sentence which such convict wasundergoing
when he escaped the new sentence shall take effect……
(a) After he has suffered imprisonment for a further period equal to that which at
the time of his escape, remained unexpired of his former sentence.
(b) Immediately
(c) Only after the time specified by the court
(d) None of the above

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.correct answer : a

Q. No. 361
Right to speedy trial is guaranteed under
(a) Cr.P.C.
(b) Article 21 of the Constitution of India
(c) Article 22 of the Constitution of India
(d) In special Laws

.correct answer : b

Q. No. 362
Which of the following is a complaint
(a) An application to take preventive measures under section107 Cr.P.C.
(b) A petition filed under section 145
(c) An application praying for an action under section 106
(d) None of the above

.correct answer : d

Q. No. 363
Where a sentence of imprisonment for life is imposed on conviction on a person
for an offence for which death is one of the punishments provided by law, or
where a sentence of death imposed on a person has been commuted under Section
433 into one of imprisonment for life, such person shall not bereleased from
prison unless he had served at least….
(a) 14 years of imprisonment.
(b) 20 years of imprisonment
(c) 12 years of imprisonment
(d) None of the above

.correct answer : a

Q. No. 364
Section 433 empowers the Government to commute, without the consent of

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the person concerned,

(a) A sentence of death for any other punishment provided in the IPC
(b) A sentence of imprisonment for life for imprisonment for a term not exceeding
fourteen years or fine
(c) A sentence of rigorous imprisonment for simple imprisonment for any term to
which that person might have been sentenced or for fine
(d) All the above

.correct answer : d

Q. No. 365
When a person already undergoing a sentence of imprisonment for life is sentenced
on a subsequent conviction, to imprisonment for a term or for aterm of
imprisonment for life, the subsequent sentence shall….
(a) Run concurrently with such previous sentence
(b) Take effect after that expiry of the previous sentence
(c) Be postponed indefinitely
(d) None of the above

.correct answer : a

Q. No. 366
The guidelines have been laid down by the Supreme Court regarding therights of
accused at the stage of arrest in
(a) A.K. Gopalan Vs. State of Madras
(b) A.R. Antuly Vs. R.S. Naik
(c)
(d) K. Basu Vs. State of West Bengal d. State of Haryana Vs. Bajanlal

.correct answer : c

Q. No. 367
The power under section 459 can be used by the magistrate if the value ofsuch
property is less than
(a) Rs.10
(b) Rs.100
(c) Rs.500

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(d) Rs.1000

.correct answer : c

Q. No. 368
Under section 459 of Cr.P.C. the Magistrate may order for the selling ofproperty by
the Government, if no claimant appears;
(a) Within three years
(b) Within one year
(c) Within 6 months
(d) Within 3 months

.correct answer : c

Q. No. 369
Provision for anticipatory bail has been embodied in
(a) Section 438
(b) Section 440
(c) Section 445
(d) All the above

.correct answer : a

Q. No. 370
The Supreme Court pointed out 6 categories of cases were section 482 can beused to
quash criminal proceedings in
(a) A.K. Gopalan Vs. State of Madras
(b) A.R. Antuly Vs. R.S. Naik
(c) K. Basu Vs. State of West Bengal

d. State of Haryana Vs. Bajanlal

.correct answer : d

Q. No. 371
Irregularities which do not vitiate trial have been stated in;

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(a) Section 466 of CrPC

(b) Section 462 of CrPC
(c) Section 461 of CrPC
(d) Section 460 of CrPC.

.correct answer : d

Q. No. 372
Which of the following is not a complaint
(a) A complaint made to a police officer
(b) Information given to a police officer regarding the commission of a crime
(c) A complaint to a Collector
(d) None of the above

.correct answer : d

Q. No. 373
Irregularities which vitiate trial have been stated in;
(a) Section 467 of CrPC
(b) Section 466 of CrPC
(c) Section 461 of CrPC
(d) Section 460 of CrPC.

.correct answer : c

Q. No. 374
Under Section 468 of CrPC the period of limitation for an offence punishablewith
a term not exceeding one year is;
(a) Three years
(b) Two years
(c) One year
(d) Six months

.correct answer : c

Q. No. 375

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For an offence punishable with fine only, the period of limitation prescribedunder
section 468 of CrPC is;
(a) Three years
(b) One year
(c) Six months
(d) Three months

.correct answer : c

Q. No. 376
Period of limitation for an offence punishable for a term more than threeyear is;
(a) No limitation prescribed
(b) Thirty years
(c) Twelve years
(d) Three years

.correct answer : a

Q. No. 377
Period of limitation for an offence punishable with a term of two years as persection
468 of CrPC is;
(a) Three years
(b) Two years
(c) One year
(d) Six months

.correct answer : a

Q. No. 378
Period of limitation shall commence;
(a) From the date of establishment of the identity of the accused if not known t the
time of commission of the offence.
(b) From the date of knowledge of the commission of the offence if not known
earlier
(c) From the date of offence generally
(d) All the above

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.correct answer : d

Q. No. 379
Date from which the period of limitation is to commence has been prescribed
under;
(a) Section 470 of CrPC
(b) Section 469 of CrPC
(c) Section 471 of CrPC
(d) Section 472 of CrPC.

.correct answer : b

Q. No. 380
The inherent powers of the High Court are contained in;
(a) Section 492 of CrPC
(b) Section 482 of CrPC
(c) Section 472 of CrPC
(d) Section 462 of CrPC.

.correct answer : b

Q. No. 381
In which of the following cases the Supreme Court has held that right to fairtrial is a
part of Article 21 of Constitution of India
(a) a. Mohammed Ahmad Khan Vs. Shah Bano Beegum
(b) A.R. Anthuly Vs. R.S. Naik
(c) Joginder Nahak Vs. State of Orissa
(d) Samta Singh Vs. State of Punjab.

.correct answer : b

Q. No. 382
The FIR can be quashed in the exercise of inherent powers by;
(a) The Magistrate’s Court
(b) The Court of Session

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(c) The High Court

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

.correct answer : c

Q. No. 383
As per the 2nd part of the 1st schedule of Cr.P.C. an offence punishable iwht
imprisonment for years are bailable
(a) 3 years
(b) less than 3 years
(c) 2 years
(d) less than 2 years

.correct answer : b

Q. No. 384
Court can condone the delay
(a) Under Section 472 of CrPC
(b) Under Section 473 of CrP
(c) c. Under Section 471 of CrPC
(d) Under section 470 of CrPC.

.correct answer : b

Q. No. 385
Section 239 Cr.P.C. is applicable to
(a) Summons cases
(b) Summary trials
(c) Warrant cases instituted upon a police report
(d) Warrant cases instituted otherwise than on police report

.correct answer : c

Q. No. 386
An offence against a special law can be classified as bailable or non bailableas per
the

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(a) special law

(b) Part 2 of the 1st schedule of Cr.P.
(c) c. 2nd schedule of Cr.P.C.
(d) None

.correct answer : b

Q. No. 387
When the Sessions Judge or the High Court calls for to examine the record of any
proceeding before any inferior criminal court, it is known as (UJS – 2002)
(a) Reference
(b) Review
(c) Revision
(d) None of these

.correct answer : c

Q. No. 388
Once police records information report FIR, a copy of same should be givento
complainant under;
(a) Section 156 of CrPC
(b) Section 155 of CrPC
(c) Section 154 of CrPC
(d) Section 153 of CrPC.

.correct answer : c

Q. No. 389
As regard procedural amendments to law unless the contrary is indicatedthere is a
presumption of
(a) Prospectivity
(b) Retrospectivity
(c) It will fall within the prohibition of Article 20
(d) Ex post facto loss

.correct answer : b

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Q. No. 390
Committed proceedings before a magistrate is
(a) Enquiry
(b) Trial
(c) Neither a. nor b.
(d) Judicial proceedings

.correct answer : c

Q. No. 391
The trial in a warrant case starts with
(a) Appearance of the accused
(b) Examination of prosecution witnesses
(c) Framing of charges
(d) Issuance of process

.correct answer : c

Q. No. 392
Which of the following is a judicial proceedings
(a) A statement is recorded by a magistrate under section 164 Cr.P.C.
(b) Maintenance proceedings under section 125 Cr.P.
(c) c. Proceedings under section 446 Cr.P.C.
(d) All the above

.correct answer : d

Q. No. 393
Which of the following is not a judicial proceeding
(a) Examination of witnesses under section 161 Cr.P.C.
(b) Giving sanction under section 197 Cr.P.
(c) c. Calling for records under section 397 Cr.P.C.
(d) All the above

.correct answer : d

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Q. No. 394
When a sentence of imprisonment for a term is passed under the Code on anescaped
convict, if such sentence is severer in kind than the sentence which such convict was
under giving when he escaped;
(a) The new sentence shall take effect immediately
(b) The new sentence shall be postponed
(c) The new sentence need not be given effect to
(d) None of the above

.correct answer : a

Q. No. 395
The word trial is defined in section
(a) 2(g)
(b) 300
(c) 228
(d) Not defined in the Code

.correct answer : d

Q. No. 396
Which of the following forms part of the procedural law
(a) Offence
(b) Prosecution
(c) Both
(d) None

.correct answer : b

Q. No. 397
Which of the following forms part of the substantive law
(a) Offence
(b) Prosecution
(c) Both
(d) None

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.correct answer : a

Q. No. 398
Which of the following is a new section introduced by Cr.P.C. AmendmentAct 2005
(a) 53A
(b) 54A
(c) 291A
(d) All the above

.correct answer : d

Q. No. 399
If a case triable as a summons case, in fact tried as a warrant case
(a) trial is vitiated
(b) trial is not vitiated
(c) conviction is vitiated
(d) none of the above

.correct answer : b

Q. No. 400
As per the new Amendment of Cr.P.C. if the arrested person in a bailable offence is indigent
and cannot furnish security, the court shall release him onhis execution of a bond without
sureties. This is contained in section
(a) 436A
(b) 436
(c) 436B
(d) 437A.

.correct answer : b

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