Descriptive questions on Criminal Procedure Code [ Beginner level]

Advocatetanmoy
  • What is the relevance of schedule I of the Criminal Procedure Code. Discuss its relevance to the IPC and bailable/ non-bailable and Cognizable/ non cognizable offences.
  • Certain function of the Executive Magistrate can be assigned to the Commissioner of Police. How? Would you consider recommending Transfer of such functions to the police from Executive Magistrate?
  • What is the role of the District magistrate or the Sub Divisional Magistrate under section 97 and 98 of the CrPC . what provisions of the CrPC are applicable to section 97 and 98 of Cr.PC?
  • What are the duties of the Executive Magistrates in preventing breach of peace And to maintain public tranquility. What can he do to prevent breach of peace In Dispute concerning land or water?
  • What is the relevance of Indian Penal Code for the Executive Magistrate? Do they have any functions to perform under the I.P.C? (b) Why is section 197 of Cr.PC important? Does it act as a deterrent to combating corruption in public life?
  • Differentiate between Assistant Public Prosecutor and Public prosecutor.
  • What are the rights of the arrested person under the Constitution and CrPC ?
  • When police can arrest without a warrant ?
  • Section 50, Cr.P.C. mandatorily requires the arresting authority to inform the arrestee of full particulars of the offence for which he is arrested or other grounds if any for such arrest – explain.
  • When will a search warrant be issued?
  • When police need warrant to search?
  • What is the procedure for investigation , site law?
  • Differentiate between recording statement u/s 161 and 164
  • When Bail shall be refused in non- bailable offence?
  • Discuss the security for keeping the peace on conviction. What is its main purpose?
  • Discuss the procedure of arrest by a private person and police officer.
  • Can a Magistrate arrest a person or order any person to arrest him?
  • Define cognizable and non cognizable offences.
  • Discuss the law relating to keeping peace and security.
  • Discuss the process to compel the appearance of the accused in the court.
  • What circumstances would justify a Magistrate to require a person to show cause as to why he should not be ordered to execute a bond with or without security for his good behaviour?
  • Who may claim under Section 125 of this Act? Enumerate the situation in which a wife will not be entitled to receive an allowance from her husband.
  • Discuss the procedure with regard the alternation in allowances under Section 127 of Cr.P.C.
  • Discuss the propose of ‘charge’. State the details given in the charge. Can the Court alter the charge? If so, how and when.
  • For each offence there must be a separate ‘charge’? Discuss this statement along with its extensions. What are the circumstances under which persons committing different offences may be tried together?
  • Discuss the law relating to Bail. What is the basis for bail in a non-bailable case? What is anticipatory bail?
  • Discuss the powers of Sessions Judge to transfer cases and appeals. Can he withdraw or recall any case or appeal? Discuss.
  • . “A person once convicted or acquitted shall not be tried again for the same offence”, Comment. Are there any exceptions to this rule? If so, what?
  • Why Hussainara Khatoon v. Home Secretary, State of Bihar is important?
  • The Supreme Court of India has observed in the case of Joginder Kumar v. State of Uttar Pradesh, that the power of arrest should not be exercised in a routine manner- Explain.
  • Write down the guidelines on arrest given in Arnesh Kumar v. State of Bihar.
  • Legislative authority for the detention of persons in prison for a suspected offence is provided under section 167 and 309(2) Cr.P.C. The Code, however, makes a clear distinction between detention in custody before and after taking cognizance. The former is covered by s. 167 of the Cr.PC, and the latter by s. 309 Cr.P.C- Explain
  • In Rasiklal v. Kishore s/o Khanchand Wadhwani 105 the Supreme Court held that the right to bail for bailable offences is an absolute and in-defeasible right and no discretion can be exercised as the words of s. 436 Cr.P.C are imperative and the person accused of an offence is bound to be released as soon as the bail is furnished- Explain
  • In light of Rao Harnarain Singh Sheoji Singh v. The State[AIR 1958 P&H 123] write down the provisions for granting bail.
  • 438 of Cr.P.C. is an extraordinary remedy and should be adopted in special or exceptional cases- explain
  • Whether anticipatory bail be granted in relation to offences punishable with life imprisonment or death- explain with the help of Gurbaksh Singh Sibbia’s case Distinguish between Discharge and Acquittal?

Write short notes:

  1. Zero FIR
  2. Cognizance of offence
  3. Sanction for prosecution
  4. Local Jurisdiction of Magistrate
  5. Trial of Complaint Case
  6. Power of superior Police Officers u/s 36,37,39,40.
  7. Prisoner Transfer Warrant
  8. Prosecution Witness.
  9. Non Bailable Warrant
  10. Absence of accused u/s 317
  11. Produce documents u/s 91
  12. Issuance of process
  13. Additional documents to be filed after filing a charge sheet u/s 173(5)(8)
  14. Case Diary
  15. Final report
  16. Scene of Crime
  17. Habitual Offender
  18. History Sheet
  19. Remand
  20. Custodial death
  21. Summary trial
  22. Preventive action of Police
  23. Bail pending Appeal
  24. Recording evidence at Session trial
  25. Importance of section 313
  26. Additional evidence at appeal stage
  27. Compounding of non-compoundable offence
  28. Review petition in Supreme Court
  29. Appeal by Victim
  30. Inherent power of High Court