HIGHER JUDICIAL SERVICE EXAMINATIONLaw Question Papers

MCQ Questions on Cr.P.C- 2nd Set

THE CODE OF CRIMINAL PROCEDURE 1973

 

51.  A proclaimed person whose property has been attached can claim the property or the sale proceeds, on appearance

(a) within 6 months of attachment
(b) within 2 years of attachment
(c) within 3 years of attachment
(d) within 1 year of attachment.

52.  An arrested person has a right to consult a legal practitioner of his choice. The consultation with the lawyer

(a) may not be in the presence of the police officer
(b) may be in the presence of the police officer but not within his hearing
(c) may be in the presence of the police officer and within his hearing
(d) both (a) & (b).

53.  A search warrant is a written authority given to a police officer or any other person for the search of any place

(a) generally
(b) for specified things or documents
(c) generally as well as for specified things or documents
(d) only (b) of above.

54.  Section 91 of Cr PC does not apply to

(a) the complainant
(b) the accused
(c) the witness
(d) a person who is neither a complainant nor an accused nor a witness.

55.  The issuance of summons to a person to produce a document(s) under section 91 of Cr PC is

(a) declaration
(b) mandatory
(c) discretionary
(d) either (a) or (c).

56.  Under section 91 of Cr PC, a person who is summoned to produce a document(s) on appearance before the court

(a) becomes a Witness and can be subjected to cross-examination
(b) does not become a witness and can not be subjected to cross-examination
(c) becomes a witness but cannot be subjected to cross-examination
(d) does not become a witness but can be subjected to cross-examination.

57.  A person who is required merely to produce a document(s)/thing under section 91 of Cr PC

(a) has to attend personally to produce the document(s) / thing
(b) can cause the document(s)/ thing to be produced in the Court
(c) either attend personally or cause the document(s) / thing produced in the Court
(d) only (a) and not (b) or (c).

58.  Section 92 of Cr PC lays down the procedure for

(a) production of document(s) in the custody of postal or telegraph authority
(b) production of document(s) in the custody of any person other than the accused
(c) production of document(s) in the custody of an accused person
(d) all of the above.

59.  Where a person summoned to produce a document(s)/thing under section 91 of Cr PC, fails to attend personally or causes the document(s)/thing produced in the court against such person

(a) a search warrant can be issued under section 93 of Cr PC
(b) a prosecution for offence under section 175, I.P.C. can be launched
(c) either (a) or (b)
(d) both (a) and (b).

60. In the prosecution for an offence punishable under section 175, I.P.C. for noncompliance disobedience of the summon/issued under section 91 of Cr PC

(a) the accused can not take the defence that the document(s) / thing ordered to be produced is not necessary or desirable for the investigation, inquiry or trial
(b) the accused can take the defence that the l document(s) / thing ordered to be produced is not necessary or desirable for the investigation, inquiry or trial
(c) the accused;cannot question the necessity or desirability of the document(s)/thing, ordered to be produced, for the investigation, inquiry or trial
(d) the accused cannot be permitted to take the defence that the document(s) / thing ordered to be produced is not necessary or desirable for the investigation, inquiry or trial, as the necessity or desirability already stands adjudged before the issuance of summon to produce the document(s) / thing.

61.  Who amongst the following is not competent under section 92 of Cr PC to order the
postal or telegraph authority to deliver the document(s)/thing

(a) District Magistrate
(b) Judicial Magistrate
(c) Metropolitan Magistrate
(d) none of the above.

62.  The word ‘inspection’ used in section 93(1)(c), Cr PC refers to

(a) things or documents
(b) locality 8: place
(c) both (a) & (b)
(d) either (a) or (b).

63.  A search warrant can be issued in respect of a place

(a) used for deposit & sale of stolen property
(b) used for deposit, sale & production of counterfeit coin, currency notes & stamps
(c) used for deposit, sale & production of forged documents & false seals
(d) all the above.

64.  Under section 95 of Cr PC certain publications can be forfeited and search warrant can be issued for the same. In this context, the propositions are

A. A newspaper cannot be forfeited & search warrant cannot be issued for the same as it
would be violative of the fundamental right of speech & expression and involves the fourth estate.
B. A book can be forfeited & search warrant can be issued for the same.
C. A document can be forfeited & search warrant can be issued‘ for the same.
Which of the following is correct
(a) A & B are correct
(b) A & C are correct
(c) B & C are correct
(d) A, B & C all are correct.

65.  Section 87 of Cr PC authorizes the issuance of a warrant.

(a) in lieu of summon
(b) in addition to summons
(c) both (a) & (b)
(d) none of the above.

66.  A declaration of forfeiture under section 95 of Cr PC can be set aside by

(a) Magistrate issuing the search warrant
(b) Chief Judicial Magistrate / Chief Metropolitan Magistrate
(c) Court of Sessions
(d) High Court.

67.  The period of limitation for an application to set aside the declaration of forfeiture has been provided

(a) under section 95 of Cr PC
(b) under section 96 of Cr PC
(c) under section 97 of Cr PC
(d) under section 98 of Cr PC.
And the ‘same is

(a) one month from the date of publication of declaration
(b) two months from the date of publication if declaration
(c) three months from the date of publication of declaration
(d) six months from the date of publication of declaration.

68.  During investigation a search can be conducted without warrant by

(a) any police officer
(b) the investigating officer
(c) both (a)&(b)
(d) either (a) or (b).

69.  Search without warrant can be conducted under section 103 of Cr PC

(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) I3: (b)
(d) neither (a) nor (b).

70.  Search warrant in respect of a place

(a) includes search of a person present in or about that place
(b) does not include search of a person in or about that place’
(c) includes search of a person in or about that place only if such person is suspected
of concealing about his person any article for which search is being made
(d) none of the above.

71.  Joining of two or more independent and respectable inhabitants of the locality in which the place is to be searched is the mandate under

(a) section 100(1) of Cr PC
(b) section l0O(2).of Cr PC
(c) section 100(3) of Cr PC
(d) section 100(4) of Cr PC.

72.  Where a Magistrate, not empowered by law to issue a search warrant for a place suspected to contain stolen property, erroneously issues a search warrant
(a) the search proceedings shall be void & liable to be set aside
(b) the search proceedings shali not be void & not liable to be set aside
(c) the search proceedings shall be set aside only if challenged by any person aggrieved by the search
(d) either (a) or (c).

73.  Section 93(3) of Cr PC provides that no Magistrate other than a District Magistrate or
Chief judicial Magistrate shall issue warrant of search for a document, parcel or other
thing in the custody of postal & telegraph authority. If any Magistrate not so specified
issues such a warrant

(a) the search proceedings shall be void
(b) the search proceedings shall be voidable if challenged, at the instance of person aggrieved
(c) shall remain valid
(d) none of the above.

74.  In a non-cognizable case, when a Magistrate orders the police to investigate, in that it
will be at par with the cognizable offence case and the police will have all the powers in
respect of investigation

(a) including the power to arrest without warrant
(b) except the power to arrest without warrant
(c) both are correct depending ion the circumstances
(d) none of the above.

75.  Sections 39 8: 40 of Cr PC make it mandatory to give information regarding commission of certain offences. Such information can be given to

(a) a Magistrate
(b) a police officer
(c) either to a Magistrate or to a police officer
(d) the Magistrate 8: the police officer both simultaneously.

76.  When the police registers a case regarding commission of a cognizable offence, the
registration of the case is under

(a) section 154 of Cr PC
(b) section 155 of Cr PC
(c) section 156(3) of Cr PC
(d) section 190 of Cr PC

77.  Usually a copy of F.I.R. is filed with the Magistrate having jurisdiction to take
cognizance, by the police officer in compliance to

(a) section 156 of Cr PC
(b) section157 of Cr PC
(c) section 158 of Cr PC
(d) section 159 of Cr PC.

78.  Delay in dispatching the FIR to the Magistrate under section 157 of Cr PC

(a) shall always throw out the prosecution case in its entirety
(b) shall never be a circumstance providing a legitimate basis for suspecting the FIR
(c) may or may not be a circumstance providing a legitimate basis for suspecting the FIR
depending on the facts and circumstance brought on record
(d) either (b) or (c).

79.  Where the FIR discloses, prima facie, commission of a cognizable offence, and there is a delay in sending the FIR to the Magistrate, under section 157 of Cr PC

(a) the investigation must go on
(b) the Magistrate can order for stopping of investigation on account of delay in sending the FIR
(c) the Magistrate can order for stopping of investigation irrespective of the delay in sending the FIR
(d) the Magistrate can order for stopping of investigation generally.

80.  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

(a) section 158 of Cr PC
(b) section 159 of Cr PC
(c) section 160 of Cr PC
(d) section 161 of Cr PC

81.  The power to direct investigation under section 156(3) of Cr PC can be exercised by

(a) a Magistrate
(b) a Session judge
(c) both (a) and (b)
(d) either (a) or (b).

82.  Section 156(2) of Cr PC takes care and cures

(a) any ‘ irregularity in the conducting of investigation by the police officer
(b) any illegality in the conducting of investigation by the police officer
(c) both (a) and (b)
(d) only (a) and not (b).

83.  Under section 159 of Cr PC, a preliminary inquiry into the commission of offence can
be conducted

(a) by the Magistrate having jurisdiction. To take cognizance
(b) by any Magistrate subordinate to the Magistrate having jurisdiction, under the orders of such Magistrate
(c) by the police
(d) only (a) & (b).

84.  The powers under section 159 of Cr PC can be exercised by the Magistrate

(a) when the police is still investigating the case
(b) when the police decides not to investigate the case
(c) when the police has filed the report under section 173 of Cr PC
(d) all the above.

85.  The power to require attendance of a person acquainted with the facts and
circumstances of the case under section 160 of Cr PC, requires

(a) notice by telephone
(b) notice in writing
(c) either (a) or (b)
(d) both (a) and V P

86.  The investigating officer under section 160 of Cr PC cannot require the attendance at a place other than the place of residence, of

(a) a male who is under the age of 18 years
(b) a male who is under the age of 16 years
(c) a woman
(d) either (a) or (b) or (c).

87.  The investigating officer under section 160 of Cr PC cannot require the attendance of a male, at a place other than the place of his residence, who is

(a) under the age of 15 years
(b) under the age of 16 years
(c) under the age of 18 years
(d) under the age of 21 years.

88.  A trial on a police report initiated by the breach of the mandatory provision relating to investigation,

(a) is vitiated and liable to be set aside
(b) is‘ not vitiated and cannot be set aside unless the illegality in the investigation can be
shown to have brought about a miscarriage of justice
(c) is not vitiated and cannot be set aside at all
(d) either (b) or (c).

89.  The propositions are:

I. Delay in despatch of the MR is not a circumstance which can throw out the
prosecution case in its entirety.
II; Delay in despatch of the FIR is a circumstance which can throw out the prosecution
case in its entirety.
III. The extra-ordinary delay in sending the FIR is a circumstance which provides a
legitimate basis for suspecting that the FIR was recorded much later than the stated
date and hour, affording sufficient time to the prosecution to introduce improvements.
Which of the following is correct in respect of the aforesaid proposition

(a) I is true, II & III are false
(b) I & III are true, II is false
(c) II & III are true, I is false
(d) III is true, I & II are false.

90.  Section 159 of Cr PC empowers the Magistrate

(a) to restrain police investigation and order magisterial inquiry when the investigation of a cognizable offence by the police is already in process
(b) to order magisterial inquiry into a cognizable offence only in those cases in which the
police decides not to investigate the case empowers the
(c) to order » magisterial inquiry into a cognizable offence where the investigation by the
police is already in process
(d) either (a) or (b) or (c).

91.  Under section 159 of Cr PC, the Magistrate has the power to

(a) direct-investigation by the police
(b) depute any Magistrate subordinate to him to hold a preliminary inquiry
(c) either (a) or (b)
(d) only (b) and not (a).

92.  Section 160 of Cr PC authorises a police officer to

(a) summon a person as a witness
(b). summon a person for the production of documents
(c) summon a person for the production of an article(s)
(d) all of the above.

93.  A person can be summoned as a witness under section 160 of Cr PC, by

(a) any Police Officer
(b) the Station House Officer
(c) an Investigating Officer
(d) any of the above.

94.  A person who fails to attend on being served with an order under section 160 of Cr PC of an investigating officer, is liable to be prosecuted under

(a) section 173,I.P.C.
(b) section 174, I.P.C.
(c) section 186,I.P.C.
(d) all of the above.

95.  Laying of trap is a part of

(a) investigation
(b) inquiry
(c) preliminary inquiry
(d) trial.

96.  Section 161 of Cr PC covers the cases of information received by the police

(a) before the commencement of investigation
(b) after the commencement of investigation
(c) after the conclusion of trial
(d) both (a) and (b).

97.  Who amongst the following is not a police officer

(a) enforcement officer investigating the case under FERA
(b) An officer invested with powers under NDPS Act
(c) officer of Railway Protection Force
(d) all of the above.

98.  An unjustified and unexplained long delay on the part of the investigating officer in
recording the statement of a material witness would render the evidence of such witness

(a) unreliable
(b) inadmissible
(c) inadmissible and unreliable
(d) only (b) and not (a).

99.  Statement made under section 161, Cr. P.C. during investigation of a cross-case is

(a) always admissible in the main case
(b) may be admissible in the main case
(c) not at all admissible in the main case
(d) admissible in the main case with the leave of the Court.

100.  A refusal to answer questions put to a witness under section 161 of Cr PC is an offence under

(a) section 176, I.P.C.
(b) section 179, l.P.C.
(c) section 187,I.P.C.
(d) neither (a) nor (b) nor (c).


 

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