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Jharkhand Judicial Service Mock Test 3

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ID No.

________________
NAME: __________________________________ Date: _________________ 1

AMBITION LAW INSTITUTE


JHARKHAND JUDICIAL SERVICE, 2023
The Code of Crminal Procedure, 1973
MOCK TEST-3
Instructions : There shall be no negative marking
Total Qs : 100 Time : 2 hr
Max Marks. 100
1. Which section conveys under Cr.P.C 1973 that “a 5. When a police officer arrests without warrant then

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Sessions Judge or Additional Sessions Judge may he shall take or send the person arrested before a
pass any sentence authorised by law; but any (a) Magistrate having jurisdiction in the case
sentence of death passed by any such Judge shall
(b) The officer in charge of a police station
be subject to confirmation by the High Court”
(c) District Magistrate or the Judicial Magistrate

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(a) Sec. 366 (b) Sec. 368
having jurisdiction in the case
(c) Sec. 28(2) (d) Sec. 371
(d) Either (a) or (b)
2. In which of the following Case the Supreme Court
6. Under Cr.P.C 1973 who shall establish the Police
has recently observed that anticipatory bail can be
Control room
granted to a person to a proclaimed offender only
in an exceptional and rare case? (a) The High Court

(a) State of Haryana vs Dharamraj, 2023 (b) The State Government


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(b) Manish Kumar vs. State of Bihar, 2023 (c) The District Magistrate

(c) Srirangam Koil Miras Kainkaryaparagal (d) None of the above


Matrum Athanai Sarntha Koilgalin 7. Under which section of Cr.P.C 1973 a Police
Miraskainkarya-parargalin Nalasangam V. The officer shall re- arrest the person
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State Of Tamil Nadu & Ors., 2023 (a) Sec. 41 (b) Sec. 42
(d) Mathew Samuel & Ors. v. State of Uttar (c) Sec. 43 (d) Sec. 44
Pradesh & Ors., 2022
8. Under Cr.P.C 1973 who is under obligation to give
3. Nothing in the section 162 of Cr.P.C 1973 shall be information of arrest
deemed to apply to any statement falling within the
(a) Police officer
provisions of
(b) Any person
(a) Sec. 161 of Cr.P.C 1973
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(c) Police officer or other person making any arrest


(b) Sec. 145 of IEA 1872
(d) Police officer or friend of the accused
(c) Sec. 157 of IEA 1872
9. Who may confer on any Magistrate invested with
(d) None of the above the powers of a Magistrate of the second class
4. For the purpose of section 41 of Cr.P.C 1973, Any power to try summarily any offence which is
police officer may without an order from a punishable only with fine or with imprisonment for
_____and without a warrant, arrest ______ a term not exceeding six months with or without
(a) Judicial Magistrate, the accused fine, and any abetment of or attempt to commit
(b) Magistrate, any person any such offence

(c) Magistrate, the accused (a) CJM (b) Court of Session

(d) None of the above (c) JMFC (d) High Court

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10. As per section 200 of Cr.P.C 1973 if the Magistrate (d) Local inquiry
makes over the case to another Magistrate under 16. As per Cr.P.C 1973 Every Court of Session shall
section 192 of Cr.P.C 1973 after examining the
be presided over by a Judge, to be appointed by
complainant and the witnesses, the latter Magistrate
the
need not
(a) State Government (b) High Court
(a) Inquire the case
(c) Governor (d) None of the above
(b) Examine the accused
17. When any person who is bound by any bond taken
(c) Re-examine the complainant and the witnesses
under Cr.P.C 1973 to appear before a Court, does
(d) Re-examine the case

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not appear, then
11. Under Cr.P.C 1973 what is the “key difference”
(a) The High Court may issue a warrant directing
between summons and warrant
that such person be arrested and produced
(a) Shall be in writing
before him
(b) Signed by the presiding officer
(b) The Officer in Charge or the presiding in such

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(c) Bear the seal of the Court Court may issue a warrant directing that such
(d) In duplicate person be arrested and produced before him
12. As a general rule that no Court shall take (c) The officer presiding in such Court may issue
cognizance of an offence unless a complaint made a warrant directing that such person be arrested
by some person aggrieved by the offence and produced before him
punishable under (d) No such provision is mentioned under Cr.P.C
(a) Chapter XX of IPC 1860 1973 but shall be governed by Criminal Court
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Rules Act
(b) Chapter XIX of IPC 1860
18. Under section 157 of Cr.P.C 1973 if it appears to
(c) Chapter XXI of IPC 1860 the officer in charge of a police station that there is
(d) Both (a) & (c) no sufficient ground
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13. Security for good behaviour from habitual offenders (a) To proceed with the investigation then he shall
is applicable to the offence release the accused on bail
(a) Thief (b) House-breaking (b) To arrest the accused then he shall not
(c) Kidnapping (d) All of the above investigate the case
(c) For entering on an investigation then he shall
14. The provisions of Cr.P.C. other than those relating
not investigate the case
to Chapter VIII, X and XI shall not apply in which
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of the following state? (d) To believe that he is the accused then he shall
not investigate the case
(a) Tripura (b) Sikkim
19. Under section 161 of Cr.P.C 1973 the Examination
(c) Assam (d) Nagaland
of witness is conducted by
15. Section 142 of Cr.P.C 1973 deals with
(a) Police officer (b) Officer in Charge
(a) Injunction pending inquiry
(c) Constable (d) None of the above
(b) Power of Magistrate to furnish written 20. The judicial confession shall be recorded in the
instructions, etc manner provided in section 281 of Cr.P.C 1973. It
(c) Magistrate may prohibit repetition or is assured by
continuance of public nuisance (a) Sec. 164(3) (b) Sec. 164(4)

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(c) Sec. 164(5) (d) Sec. 164 A (c) Two years from the date on which the offence
21. Every investigation under the Chapter XII of Cr.P.C is alleged to have been committed
1973 shall be completed without unnecessary delay. (d) Three months from the date on which the
It is assured by offence is alleged to have been committed
(a) Sec. 172(1) (b) Sec. 173(1) 27. Section 98 of Cr.P.C 1973 is applicable to
(c) Sec. 173(3) (d) Sec. 172(3) (a) Woman or a female child under the age of
22. The offences committed by any person are such eighteen years
that he may be charged with, and tried at one trial (b) A female child under the age of eighteen years
for, each such offence or may be charged with and

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(c) A female child under the age of ten years
tried together under sections _______________
(d) Woman
of Cr.P.C 1973 then the offences may be inquired
into or tried by any Court competent to inquire into 28. Nothing in the section 46 of Cr.P.C 1973 gives a
or try any of the offences. right to cause the death of a person who is not
accused of an offence punishable with
(a) Sec. 219 & Sec. 220 (b) Section 223

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(a) Death
(c) Section 221 (d) All of the above
(b) Imprisonment for life
23. Under Cr.P.C 1973 which section deals with
“Procedure by Magistrate not competent to take (c) Imprisonment more that fourteen years
cognizance of the case” (d) Death or with imprisonment for life
(a) Sec. 196 (b) Sec. 202 29. Supply to the accused of copy of police report and
(c) Sec. 194 (d) Sec. 201 other documents by Magistrate if proceeding has
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24. Which section deals with “Withdrawal of complaint” been instituted on a police report is assured by
under Cr.P.C 1973 (a) Sec. 207 (b) Sec. 209
(a) Sec. 257 (b) Sec. 318 (c) Sec. 210 (d) Sec. 208
(c) Sec. 256 (d) None of the above 30. Point out the essential element to avail the benefit
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25. When a Magistrate takes cognizance of an offence of section 215 of Cr.P.C 1973
upon his own knowledge, then the accused shall be (a) Misled
informed that he is entitled to have the case inquired (b) Failure of justice
into or tried by another Magistrate. It must be
(c) Misled and Failure of justice
informed
(d) Either (a) or (b)
(a) After taking of evidence
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31. Which section states that defect or error not to


(b) Before taking of cognizance
make attachment unlawful :
(c) Before any evidence is taken
(a) Sections 466 (b) Sections 467
(d) On the application of the accused
(c) Sections 468 (d) Sections 491
26. Regarding prosecution of defamation where the
victim is the Governor of the State, No Court of 32. Under section 227 of Cr.P.C 1973 the accused may
Session shall take cognizance of an offence unless be discharged if the Judge considers that
the complaint is made within (a) There is not sufficient prima facie evidence to
(a) Six months from the date on which the offence prove the offence
is alleged to have been committed (b) There is not sufficient ground to prove the case
(b) One year from the date on which the offence (c) There is not sufficient ground for proceeding
is alleged to have been committed against the accused
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(d) There is not sufficient ground for proceeding (d) Legal aid to accused at State expense
the case 39. Assault or use of criminal force to woman with
33. Which section deals with “Summary procedure for intent to disrobe is
punishment for non-attendance by a witness in (a) Cognizable offence
obedience to summons” under Cr.P.C 1973 (b) Non-bailable offence
(a) Sec. 349 (b) Sec. 350 (c) Bailable and cognizable offence
(c) Sec. 351 (d) None of the above (d) Non-Bailable and cognizable offence
34. A person accused of an offence may file an 40. Under Cr.P.C 1973 Officer in charge of a Police

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application for plea bargaining in the Court in which Station shall initially report the cases of all persons
such offence is pending for trial. It is true under arrested without warrant to the
Cr.P.C 1973 as per (a) Judicial Magistrate having jurisdiction of the
(a) Section 265 A (b) Sec. 265 B case
(c) Sec. 265C (d) Sec. 265 D (b) District Magistrate

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35. Sec. 280 of Cr.P.C 1973 deals with (c) Sub-divisional Magistrate
(a) Interpretation of evidence to accused or his (d) Chief Judicial magistrate
pleader 41. In which of the following case the Supreme Court
(b) Record of examination of accused has recently observed that Section 162 CrPC does
not affect a Court’s power to look into documents
(c) Interpreter to be bound to interpret truthfully
or put questions to witnesses suo motu to contradict
(d) None of the above them?
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36. A is tried for causing grievous hurt and convicted. (a) Munna Pandey vs. State of Bihar, 2023
The person injured afterwards dies, then
(b) Union of India v. Manjurani Routray, 2023
(a) A cannot be tried again for culpable homicide
(c) Shubhra Hiteshbhai Gupta vs State Of Gujarat,
(b) A may be tried again for culpable murder 2023
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(c) A may be tried again for grievous hurt (d) None of the above
(d) None of the above 42. Where, in a case instituted otherwise than on a
37. If a Magistrate not being empowered by law in this police report, it appears to the Magistrate issuing
behalf makes an order under section 133 of Cr.P.C process under ______that the offence is triable
exclusively by the Court of Session, the Magistrate
1973 as to a local nuisance, then
shall without delay furnish to the accused, free of
(a) It is an Irregularity which vitiates proceedings
cost, a copy of the statements recorded under
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(b) It is an Irregularities which shall not vitiate section 200 or section 202.
proceeding (a) Sec. 225 of Cr.P.C 1973
(c) It is not curable irregularities (b) Sec. 226 of Cr.P.C 1973
(d) It is a curable irregularity (c) Sec. 209 of Cr.P.C 1973
38. Section 301 of Cr.P.C 1973 deals with (d) None of the above
(a) Appearance by Public Prosecutors 43. In which of the following case the Supreme Court
(b) Permission to conduct prosecution has recently held that ‘custody’ under Section 167
(c) Right of person against whom proceedings are of the Code of Criminal Procedure, 1973 includes
instituted to be defended custody of other investigating agencies such as the

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Enforcement Directorate and not just the police (3) Section 255
alone? Codes:
(a) Om Kumar vs. Suresh Kumar (a) Only (1) is correct.
(b) State of West Bengal v. Debabrata Tiwari And (b) Only (2) is correct
Ors. Etc., 2023
(c) Both (1) and (2) are correct
(c) V. Senthil Balaji vs. The State represented by
(d) Both (1) and (3) are correct.
Deputy Director and ors.,2023
50. Under the Code of Criminal Procedure, 1973,
(d) None of the above
power of court to convert summons cases into
44. Inquiry under Criminal Procedure Code is

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warrant cases Under
conducted by:
(a) Section 154 (b) Section 259
(a) Magistrate only (b) Police Officer
(c) Section 362 (d) Section 241
(c) Sessions Court (d) Magistrate or Court
51. Right to the accused for plea bargaining in India
45. The definition of “victim” was incorporated in the relates to:

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Code of Criminal Procedure Code, 1973 by the
(a) Fact bargaining (b) Charge bargaining
Amendment Act of:
(c) Sentence bargaining(d) All of the above
(a) 2008 (b) 2009
52. An Executive Magistrate can order to execute a
(c) 2010 (d) 2011
bond as security for good behaviour from suspected
46. What is right about Section 127 of Criminal person for a period not exceeding.
Procedure Code 1973?
(a) One year (b) Six months
(a) The Magistrate can increase the monthly
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(c) Two years (d) One month
allowance for the maintenance
53. When can a private person arrest a person?
(b) The Magistrate can decrease the monthly
allowance for the maintenance (a) if in his presence a non cognizable offence is
committed
(c) The Magistrate can cancel the order of
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maintenance (b) if he commits a non bailable offence

(d) All points are correct (c) if he commits or attempts to commit any
offence
47. Police Remand of an Accused cannot exceed:
(d) if in his presence, one commits a non bailable
(a) 7 days (b) 14 days
and cognizable offence
(c) 12 days (d) 15 days
54. Police officer can detain in custody a person arrested
48. Default bail is given in case of: without warrant:
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(a) Where the investigation is not completed within (a) For 15 days
the time prescribed
(b) For 6 days including Journey
(b) Where the offence is a bailable offence
(c) Not more than 24 hours
(c) Where the person applies for anticipatory bail
(d) Up to 20 days at the order of Magistrate
(d) Where no reasonable grounds exist for
55. Which of the following statements is true:
believing the accused guilty after conclusion
of trial but before judgement (a) State Government shall establish a Court of
Session with the consultation of High Court
49. Discharge of the accused before trial has been
provided under which of the following Sections of (b) State Government shall establish a Court of
the Criminal Procedure Code? Session

(1) Section 227 (2) Section 239 (c) the High Court shall establish a Court of Session
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(d) the Supreme Court shall establish a Court of (c) Court has no power to examine any witness
Session on alteration of charge. The case must be
56. Conditional Order under Cr.P.C. for the removal decided on the basis of evidence available on
of nuisance can be passed by: record
(a) District Magistrate (d) Both (a) and (b)
(b) Sub-Divisional Magistrate 62. “A” is accused of a theft on one occasion and of
causing grievous hurt on another occasion.
(c) Any other Executive Magistrate
Applying Section 218 of the Code of Criminal
(d) All of the above procedure, 1973:

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57. Which of the following Section of the of Cr.P.C., (a) “A” must be charged and tried for the theft
1973, has been amended by the Criminal law and causing grievous hurt
(Amendment) Act, 2018? (b) “A” must be separately charged and separately
(a) Section 163 (b) Section 173 tried for the theft and causing grievous hurt
(c) Section 183 (d) Section 193 (c) “A” can be charged and tried only for the theft

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58. Statement of a witness recorded under Section 164 (d) None of them
of Criminal Procedure Code can be used: 63. Who can file an application for Plea-Bargaining in
(a) For contradiction only the court in which an offence is pending for trial?
(b) For corroboration only (a) The public prosecutor
(c) Both for contradiction and corroboration (b) The victim of the offence
(d) Neither for contradiction nor for corroboration (c) The investigating officer
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59. Which of the following is not an essential procedural (d) None of the above
requirement of Section 164 of Cr.P.C.? 64. Under which Section of law, Magistrate has power
(a) Confession to be made voluntarily to issue ‘commission’ for examination of witness
(b) Warning to the accused in prison?
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(a) Section 270 (b) Section 271
(c) Recording of confession in presence of
advocate of accused (c) Section 272 (d) Section 273
(d) Memorandum at the foot of confession 65. In summon-cases and inquiries, memorandum is
the only:
60. Under Section 167 of Cr.P.C. for offences other
than those punishable with death, imprisonment with (a) Record of witness
death, imprisonment for life or imprisonment for a (b) Record of accused statement
period not less than 10 years, the detention during
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(c) Record of evidence


investigation can be authorised for a total period
(d) Record of all statements
of:
(c) Section 274 of Cr.P.C., 1973.
(a) 30 days (b) 45 days
66. Compounding of offence under the provision of Cr.
(c) 60 days (d) 75 days
P.C results in:
61. When charge is altered:
(a) acquittal of accused
(a) Court has suo motu power to call further
(b) acquittal only of the charges have been framed
witness whom the Court may think to be
material (c) discharge of accused
(b) the prosecutor and the accused shall be allowed (d) discharged only if the charge have been framed
to recall or resummons any witness who may 67. The provision to tender pardon to an accomplice is
have been examined given in:
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(a) Section 265 Cr.P.C. (b) Section 306 Cr.P.C. 73. The maxim quando lex aliquid allow concedit,
(c) Section 280 Cr.P.C. (d) Section 289 Cr.P.C. concedere vedetur id sine quores ipsa esse non
potest is enshrined in:
68. Under Section 313 of Cr.P.C., the statement of the
accused: (a) Section 480, CrPC (b) Section 481, CrPC
(a) has to be recorded on oath (c) Section 482, CrPC (d) Section 483, CrPC
(b) has to be recorded without oath 74. In an inquiry under Section 202 Cr.P.C. a Magistrate
appointed an Advocate to conduct an investigation.
(c) either on oath or without oath depending on
The order is _________ .
whether the case a summons-case or a
warrant-case (a) legal (b) illegal

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(d) either on oath or without oath as per discretion (c) irregular (d) a nullity
of the court 75. Joint trial of several persons is permissible:
69. Under which Section of Criminal Procedure Code (a) Under Section 219 of Cr.P.C.
compensation is paid to groundlessly arrested (b) Under Section 221 of Cr.P.C.

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persons?
(c) Under Section 222 of Cr.P.C.
(a) Section 357 (b) Section 358
(d) Under Section 223 of Cr.P.C.
(c) Section 357A (d) Section 360
76. In a warrant trial, after the charge is framed, the
70. Which section of Cr.P.C. provides for confirmation Magistrate can _________.
by the High Court of an order of Death sentence
(a) stop the proceedings u/s. 258 Cr.P.C.
passed by the Session Court prior to its execution?
(b) drop the proceedings
(a) Section 159 (b) Section 368
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(c) only acquit or convict the accused
(c) Section 369 (d) Section 371
(d) stay the proceedings in proper cases
71. Match list-I with list-II and select the correct
answer using the code given below the lists: 77. A Magistrate of the First class may, for the reasons
to be recorded by him, stop the proceedings at any
List-I List-II
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stage:
(a) Language of the Court (1) Section 482 Cr.P.C.
(a) In any warrant-case
(b) Compensation to the (2) Section 272 Cr.P.C.
(b) In any summons-case
victim
(c) When the proceedings have been instituted
(c) Classification of offences(3)Section 357 Cr.P.C. upon complaint
(d) Inherent powers of High (4) 1st Schedule Cr.P.C. (d) None of the above
Court
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78. If in a case, one or more of the offences is


Codes: cognizable and the rest are non-cognizable, the
(a) (A)-2, (B)-3, (C)-4, (D)-1 whole case shall be deemed to be:
(b) (A)-3, (B)-1, (C)-2, (D)-4 (a) non-cognizable
(c) (A)-4, (B)-2, (C)-3, (D)-1 (b) cognizable
(d) (A)-1, (B)-4, (C)-2, (D)-3 (c) depends upon the punishment provided for the
cognizable offence
72. Bailable offences are shown in the following
schedule of Code of Criminal Procedure, 1973? (d) the cognizable offences as cognizable and non-
cognizable offences as non-cognizable
(a) First Schedule (b) Second Schedule
79. When did the Code of Criminal Procedure, 1973
(c) Third Schedule (d) Fourth Schedule
came into force?

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(a) 26th January 1973 (b) 1st April 1974 (c) Section 462 (d) Section 466
(c) 1st April 1973 (d) 30th June 1976 87. Period of limitation for an offence punishable with
80. In a Criminal proceedings power of Revision can a term of two years, as per Section 468 of Cr.P.C.
exercise by : is:
(a) High Court (b) Session Judge (a) Six months (b) One year
(c) C.J.M. (d) Both (a) and (b) (c) Two years (d) Three years
81. Who can commute the sentence of imprisonment 88. In which case Supreme Court of India directed the
for life under Cr.P.C.? High Courts to exercise jurisdiction under Section
482 of Code of Criminal Procedure?

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(a) Appropriate Government
(a) State of Haryana vs. Bhajan Lal
(b) The President of India
(b) Adalat Prasad vs. Navin Jindal
(c) The Governor of the State
(c) Dinesh Dalmiya vs. CBI
(d) The Home Minister of the State
(d) Dhananjay Chatterjee vs. State of West Bengal
82. Search of an arrested person by a police officer is

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provided under: 89. Section 2(g) of the Code of Criminal Procedure
1973 defines:
(a) Section 49 (b) Section 50
(a) Enquiry (b) Inquiry
(c) Section 51 (d) Section 54
(c) Investigation (d) None of these
83. Which of the following courts can set aside or
modify the conditions imposes by a Magistrate when 90. Assertion (A): The purpose of criminal law is to
granting bail? prevent crimes.
Reason (R): In certain situations even a private
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(a) High Court or Court of Sessions under Section
439, Cr.P.C. person can arrest another person:
(b) High Court under Section 482, Cr.P.C. (a) Both (A) and (R) true and (R) is the correct
explanation of (A)
(c) Sessions Court under Section 465, Cr.P.C.
(b) Both (A) and (R) are true but (R) is not the
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(d) Court of sessions under section 438, Cr.P.C.
correct explanation of (A)
84. In a bailable offence, the bail is granted as a matter
(c) (A) is true but (R) is false
of right:
(d) (A) is false but (R) is true
(a) By the Court
91. Which section of the Criminal Procedure Code
(b) By the Police Officer
provides that all offences under the Indian Penal
(c) Both by the Court and Police Officer Code, shall be investigated, inquired into according
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(d) None of the above to the provisions of Criminal Procedure Code?


85. Order passed under section 451 CrPC is: (a) Section 3 (b) Section 4
(a) An interlocutory order (c) Section 5 (d) Section 6
(b) A final order 92. Under the Scheme of Criminal Procedure Code
(c) Both (a) and (b) non-cognizable offences are:
(d) None of the above (a) Private wrongs
86. Under Criminal Procedure Code, 1973 the (b) Public wrongs
irregularities which do not vitiate proceedings have (c) Both public and privates wrongs
been stated in: (d) None of the above
(a) Section 460 (b) Section 461

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93. No police officer shall investigate a non-cognizable 97. The procedure of inquest is mentioned in
case without the order of a Magistrate having Section________, Code of Criminal procedure,
power to try such case or commit the case for trial 1973.
is provided under (a) 173 (b) 174
(a) Section 156(3) (b) Section 155(2) (c) 176 (d) 172
(c) Section 155(3) (d) Section 156(2) 98. The maximum number offences of the same kind
94. Under which Section of the Code of Criminal that can be tried together is:
Procedure, 1973, a Magistrate is empowered to (a) 5 (b) 6
issue an order of injunction?
(c) 2 (d) 3

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(a) Section 133 (b) Section 142
99. The procedure for trial before a Court of sessions
(c) Section 144 (d) Section 145 is provided under Section _________of the Code
95. In which of the following case the Supreme Court of Criminal Procedure:
has recently held that the power under Section 323 (a) Section 262 to Section 265 of Cr.P.C.
CrPC may be invoked by the Magistrate even after

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(b) Section 238 to Section 250 of Cr.P.C.
the deposition or the examination-in-chief of a
witness? (c) Section 251 to Section 269 of Cr.P.C.

(a) Archana vs. State of West Bengal, 2023 (d) Section 225 to Section 237 of Cr.P.C.

(b) Archana vs. State of Jharkhand, 2023 100.Under Code of Criminal Procedure, 1973 in a
warrant case instituted on police-report, the trial
(c) Om Kumar vs. Suresh Kumar, 2023
begins when:
(d) None of the above
(a) Charges are framed
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96. Under which of the following chapter of Cr.P.C.
(b) Accused appears
provision for Preventive Action of the Police” are
provided: (c) Witnesses are examined

(a) Chapter X (b) Chapter XI (d) None of the above


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(c) Chapter XII (d) None of the above
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