100 Cr.P.C Questions for Higher Judicial Services

1	Section 167 (2) Cr.P.C. – Right of the accused to default bail
2	Whether the provisions limitations for taking cognizance applies to the delay in instituting prosecution or taking cognizance
3	When omissions, contradictions and discrepancies can be taken into account to shake prosecution
4	What is investigation, further investigation, re-investigation – difference between the three
5	Victim compensation under Section 357, 357 A CrPC – duty of Courts
6	Tests applicable in case of recovery of an article from a person accused of committing other offences besides theft
7	Shared household within S-29 of PWDV Act does not include the house exclusively belonging to mother-in-law
8	Sentencing to jail is only a mode of recovery and not a substitute for recovery of maintenance under Section 125-128 CrPC
9	Sections 340 & 343 CrPC – Courses open to trial Magistrate on receiving complaint us 340 CrPC withwithout preliminary inquiry
10	Section 340 CrPC – Preliminary inquiry not mandatory before initiating a complain in cases covered by Section 340 CrPC
11	Section 313 CrPC – Non-explanation by accused, cannot be used to complete the chain of circumstances
12	Section 313 CrPC – Constitutional right of accused to a fair trial under Article 21 of the Constitution
13	Section 311 CrPC – determinative factor to exercise power us 311 importance of witness protection
14	Section 138 NI Act Permissibility of prosecution based on second or successive dishonour of cheque, followed by statutory notice of failure to pay
15	Section 50 NDPS Act to apply only in case of personal search
16	Section 43-D (2) (b) UAP- proviso- Necessary ingredients required to be fulfilled for its purpose
17	Section 41, Section 167 CrPC-pre-requisites for arrest in offence punishible with imprisonment upto 7 years
18	Sec 142 (2) N I Act – territorial jurisdiction
19	Sec 41,46 CrPC – Circumstance under which female suspect-accused may be arrested without the presence of female police personnel
20	Scope of powers of Appellate Court in appeal against acquittal
21	SCC-167 (2) CrPC When right to default bail survives
22	SCC-167 (2) CrPC When right to default bail does not survives
23	SCC-167 (2) CrPC Proviso-Date from which 90-60 days is to be reckoned
24	SCC-167 (2) CrPC Proviso-(a)(i)(ii) default bail for offences punishable upto 10 years
25	SCC-167 (2) CrPC Power to change the nature of custody from judicial to police
26	S-34 IPC – Essential Feature – Existence of a combination of persons sharing common intention to commit offence ; Common intention to be inferred from totality of circumstances
27	Right of accused to be heard in a revision petition preferred by complainant against an order of dismissal passed under Sec 203 CrPC
28	Recording of dying declaration and its admissibility and reliability – principles summarized
29	Realistic compensation under N.I. Act
30	Quantity of neutral substances along with actual drug content by weight in mixture, must be taken in to account while determining small or commercial quantity
31	Provision of Section 210 CrPC is mandatory
32	Prosecution of medical professionals – Bolam case Test reiterated – guidelines laid
33	Principles for sentencing, Crime test, Criminal Test, Comparative proportionality test, explained
34	Primacy of oral evidence over medical evidence
35	Pre-conditions to be satisfied before invoking power under Section 156(3) CrPC
36	Prayer for regular bail – when application for pre-arrest bail is pending
37	Power to issue warrant ; proclamation and attachment at the investigation stage
38	Power of Magistrate to direct further investigation, after taking cognizance, post chargesheet
39	Power of court to award compensation us 357 (3) CrPC when fine not a part of sentence
40	Possession-meaning- in context of Sec 25 (a) of the Arms Act, 1959″
41	Plea of insanity – factors for consideration – burden of proof
42	Plea of alibi is required to be proved with absolute certainty by leading positive evidence
43	Permissibility of imposition of sentence of imprisonment in default of payment of compensation
44	Permissibility of filing second FIR, Complaint, Protest Petition
45	Perfunctory and designedly defective investigation – approach of court
46	No bar in receiving arear maintenance beyond one year –civil remedy available-proviso S-125 CrPc
47	NI Act – premature complaint
48	NI Act – cause of action
49	NI Act – applicability of sec 27 of General Clauses Act
50	NDPS Act – Informant himself is the investigator – Trial not vitiated only on that ground and accused not entitled to acquitt
51	Nature of steps to be taken immediately during investigation relating to offence of commission of rape
52	N I Act – standard of proof in rebutting presumption
53	N I Act – Sec 139 – whether creates a reverse onus
54	N I Act – procedure for conducting trial
55	N I Act – Post amendment – procedure for trial
56	N I Act – initial deposition on affidavit
57	N I Act – Demand Notice
58	N I Act – computation of 15 days period
59	N I Act – burden of proof
60	N I Act – Averment of evasion of notice not necessary
61	N I Act – accused cannot give evidence on affidavit
62	Meaning of ‘Respondent’ under Section 2(q) of PWDV Act
63	Magistrate must apply his mind to the facts of the case and the law before summoning accused
64	Magistrate has power to grant interim custody of vehicle seized under Section 50(1)(c) o”
65	Legal consequences of framing of defective charge or omission of charge
66	Judicial Magistrate has power to order a person to give voice sample for investigation of crime”
67	I-Rule of caution to be adopted while considering evidence of witness whose statement was recorded under Section 164 CrPC”
68	Investigation – Power of Magistrate”
69	Informant and investigator not to be the same person ; Reverse burden of proof under NDPS Act”
70	In road traffic offences, prosecution , if otherwise maintainable, would lie both under IPC and MV Act
71	Impermissibility of fle-bite sentence under Negotiable Instrument Act
72	II- Rule of caution to be adopted while considering evidence of witness whose statement was recorded under Section 164 CrPC
73	Guidelines for testing – when a “live-in-relationship” will fall in the expression “relationship in marriage “ under PWDV Act
74	Guidelines for issuance of NBWs ; duties of discretion of Courts explained
75	Guidelines for compounding offences under the N.I. Act
76	Grant-Cancellation of bail-Guiding Principles
77	Grant of bail under the NDPS Act, 1985 , is subject to limitation under Section 37 of the NDPS Act
78	Fresh offence committed during course of earlier investigation does not come within the ambit of further investigation us 173(8) CrPC
79	Framing of charge – duty of court – summarized
80	FIR-Section 154 CrPC – Various important aspects – directions issued
81	Extent of value or utility of confessionary statement of accused under section 313 CrPC
82	Exclusion of legal heirs in a will without any plausible reason – an illustration of suspicious circumstances
83	Evidentiary value of Extra Judicial Confession
84	Evidentiary value of defence witnesses; Evidence of MO, IO in Court in connection with PM and Inquest Request is substantive evidence
85	Evidence of official witness cannot be distrusted merely on account of their official status
86	Essential elements of criminal conspiracy – section 120B IPC with section 302 IPC
87	Duty of court while considering prayer for extending period of limitation under Section 473 Cr.P.C. for taking cognizance
88	Dispensation with personal appearance of accused in summons cases – may be allowed even at the stage of first appearance
89	Directions regarding seizure and sampling ; storage and disposal of seized narcotic drugs and psychotropic substances
90	Difference between investigation directed under Section 202 CrPC from that under Section 156 (3) Cr.P.C
91	Delay in compliance of Sec 157 CrPC , in itself, not a good ground for acquittal of accused
92	Court can add or alter charges at any time, even after reserving judgment
93	Complaint in respect of forged document or forgery –Section 195 CrPC – important aspects
94	Compensation is recoverable even after undergoing the default sentence under N.I. Act
95	Circumstantial evidence – Last seen together theory
96	Circumstances when NBWs may be issued ; Intention – at the inception, is the gist of offence of cheating under Section 415 IPC
97	Cancellation of bail
98	Bail under Section 436 CrPC – Absolute and Indefeasible right
99	Bail – Subsequent bail application where earlier bail application has been rejected by superior Court
100	Bail – Relevant consideration and need for reasoned order
101	Bail – Power of Magistrate under section 437 CrPC and relevant consideration
102	Application under Section 12 of Protection of Women from Domestic Violence Act by a woman subjected to domestic violence, prior to coming into effect of the Act -maintainable
103	Application for extension of detention beyond 90 days in cases under UA(P) Act is to be filed before expiry of 90 days
104	Anticipatory bail not to be limited to a fixed period except under special or peculiar circumstances
105	Anticipatory bail – post cognizance
106	Anticipatory Bail – parameters for considerations; normally should not be granted for the limited duration
107	Age determination – Section 94 JJ Act, 2015
109	Accused can be asked to give specimen handwriting, finger print etc. for comparison ; no infringement of Article 20(3) of Constitution of India
110	Absolute bar in taking cognizance of offences punishable us 172 to 188 IPC except the manner provided us 195 CrPC

Tags: 100-Questions Cr.P.C

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