Criminal Procedure Code MCQ document for llb PDF

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Criminal Procedure Code MCQ document for llb...

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Point out incorrect response under Cr. P.C.– (a) Inquiry is conducted by the Court (b) Inquiry is conducted after framing of charge (c) Inquiry is conducted prior of framing of charge (d) Inquiry is conducted by the Magistrate (Ans : b) 2. In a cognizable offence a police officer (a) Cannot arrest an accused without warrant (b) May arrest an accused without warrant (c) Can keep accused in police custody without a remand order (d) In not required to produce accused before Magistrate (Ans : b) 3. Which of the following sentence may be passed by a Magistrate of second class? (Utch. C.J.) (a) Imprisonment for a term not exceeding two years (b) Imprisonment for a term not exceeding one years (c) Imprisonment for a term not exceeding six months (d) Only a fine not exceeding five thousand rupees (Ans : b) 4. The Chief Judicial Magistrate may pass a (a) Sentence of imprisonment not exceeding 7 years (b) Sentence for life imprisonment (c) Death sentence (d) Sentence of imprisonment exceeding seven years (Ans : a) 5. A private person may arrest any person who (a) Is reported to be a criminal (b) In his presence commits a noncognizable offence (c) In his presence commits a bailable offence (d) In his presence commits a cognizable and non-bailable offence (Ans : d) 6. A person arrested by a police officer may be kept in custody for (a) Two days (b) Three days (c) Twenty four hours (d) One week (Ans : c) 7. How are summons served? (a) By a police officer (b) By an officer in Court (c) By an authorized public servant (d) By any of above (Ans : d)

8. To set aside forfeiture under section 96 of Criminal Procedure Code application may be given to (a) Session Court (b) The High Court (c) Supreme Court (d) The any of these (Ans : b) 9. In which case the supreme Court held that section 125 Cr. P.C. was applicable to all irrespective of their religion? (a) Mohd. Umar Khan Vs. Gulshan Begum (b) Mohd. Ahmad Khan Vs. Shah Bano Begum (c) Mst. Zohara Khattoon Vs. Modh. Ibrahim (d) Noor Saba Khatoon Vs. Mohd. Quasim (Ans : b) 10. No wife shall be entitled to receive maintenance from her husband under section 125 of Cr. P.C. if– (U.P.P.C.S.J.) (a) She has obtained a divorce from her husband and has not remarried (b) She is unable to maintain herself (c) She refused to live with her husband on ground that keeps a mistress (d) She is living in adultery (Ans : d) 11. Which section of Cr. P.C. provides that no statement made by any person to police officer in course of an investigation shall, if reduced to writing be signed by person making it? (U.P.A.P.O.) (a) Section 164 (b) Section 163 (c) Section 162 (d) Section 161 (Ans : c) 12. Point out incorrect answer First Information Report means– (a) Report about cognizable offence (b) Information given to police officer (c) Information first in point of time (d) It must always be given in writing (Ans : d) 13. Under section 198 of the Code of Criminal Procedure, the court can take cognizance of any offence laid down under section 497 and 498 to the Indian Penal Code on complaint of– (M.P.A.P.O.) (a) Husband of woman (b) Father of woman (c) Mother of woman (d) Any of these (Ans : d)

14. Which one of the following orders can be passed after trail of a case is over? (Utch. C.J.) (a) Only an order of acquittal (b) Only an order of conviction (c) Order of discharge (d) Either an order of acquittal or conviction (Ans : d) 15. Who can withdraw a case from the prosecution under Section 321, Cr. P.C.? (Utch. C.J.) (a) The State Government (b) Public Prosecutor Incharge of a case with permission of court (c) Public Prosecutor Incharge of a case even without permission of court (d) All of these (Ans : b) 16. The Court can record demeanour of a witness person can himself be competent witness? (Utch. C.J.) (a) Section 280 (b) Section 279 (c) Section 278 (d) Section 281 (Ans : a) 17. Whenever a Magistrate is of opinion after hearing evidence for the prosecution and accused that accused is guilty and that he ought to receive a severe punishment then such Magistrate is empowered to inflict, the Magistrate may forward case to? (a) The Session Judge (b) The Chief Judicial Magistrate (c) The District Magistrate (d) Concerned police station (Ans : b) 18. Which of the following offence is not compoundable? (a) Offence under section 323 I.P.C. (b) Offence under section 334 I.P.C. (c) Offence under section 448 I.P.C. (d) Offence under section 307 I.P.C. (Ans : d) 19. There shall be no appeal by a convicted person where a Magistrate of first class passes only a Sentence of fine, not exceeding? (a) One hundred rupees (b) Two hundred rupees (c) Three hundred rupees (d) Two hundred and fifty rupees (Ans : a) 20. In one trial A is awarded with sentence, which is notappealable, whereas sentence against B is appealable, whether A can file an appeal against his sentence–

(a) No (b) Only with special leave (c) Yes (d) There is no such provision (Ans : c) B 1.The object of investigation is (a) To arrest the accused (b) To punish the accused (c) To collect evidence against the accused (d) None of these Ans: C 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 Ans: B 3.Which one of the following proceedings is known as judicial proceeding? (a) Investigation (b) Enquiry and Investigation (c) Enquiry and Trial (d) Trial and Investigation Ans: C 4.In a first information an offence is cognizable and other is noncognizable. The whole case shall be deemed to be (a) Cognizable (b) Noncognizable (c) It is to be seen whether it is a Warrant case (d) It is to be seen whether it is a summons case Ans: A 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. Ans: A 6.Which of the following section inserted as per the Cr.P.C. (Amendment) Act 2005? (a) 105A (b) 166 A (c) 50 A (d) 433A

Ans: C 7.Offence under S. 324 is (a) Compoundable (b) Non-Compoundable (c) Compoundable with permission of court (d) Non of these Ans:C 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 police station to hold a proper investigation and take all such necessary steps that 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 Ans: b 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. Ans: B 10.A report made by a police officer in a case which discloses a commission of a non cognizable offence after investigation shall deemed to be (a) Police report (b) Charge sheet (c) Complaint (d) Final report Ans: C 11. All the proceedings for the collection of evidence conducted by a police officer under Cr.P.C. is called (a) Inquiry (b) Local inspection (c) Investigation (d) Judicial proceeding

Ans: C 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 Ans: A 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 Ans: d 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 Ans: b 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 (b) Father Jose Pithrikkayil Vs CBI (c) Nandakumar Vs State of Kerala (d) Jomn Puthen Purakkal vs CBI Ans; a 16. The provisions of Cr.P.C. 1973 other than those relating to Chapters 8, 9 and 10 shall not apply (a) Jammu and Kashmir (b) Nagaland (c) Tribal areas (d) B & C Ans: d 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 Ans: b 18 Maximum sentence of fine C.J.M. can impose (a) 25,000 (b) 50,000 (c) 10,000 (d) no limit Ans: d 19.The maximum sentence of imprisonment a C.J.M. can impose (a) 3 years (b) 7 years (c) 10 years (d) no limit Ans: b 20.Power to arrest a person committing a non cognizable offence is given to a police 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 Ans; b 21. A private person can arrest an accused as provided under section (a) 41 (b) 42 (c) 43 (d) 44 Ans: c 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 Ans: d 23. The categories of persons who can be arrested without a warrant is described in section (a) 41 (b) 42 (c) 40 (d) 50 Ans: a

24. Under section 37 of Cr.P.C., every person is bound to assist a Magistrate or Police 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 Ans: d 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 Ans: d 26. Who is the competent authority to decide as to who is the successor-inoffice of any additional or assistant sessions Judge (a) Sessions Judge (b) High Court (c) District Magistrate (d) None of these Ans: a 27.The powers of superior police officers are mentioned in section (a) 2(h) (b) 36 (c) 156 (d) Police Act Ans: b 28. Arrest by Magistrate is mentioned in section (a) 43 (b) 44 (c) 45 (d) 46 Ans: c 29. The guidelines regarding the arrest of Judicial officers by the police where issued 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) Ans: d 30. The new chapter incorporated by the Criminal law (amendment) 2005. (a) XXI A (b) XXIII A (c) XXII A (d) XXIV A Ans: a 31. Members of Armed Forces cannot be arrested except after obtaining the consent of (a) D.G.P. (b) Central Government (c) Chief of concerned Army Force (d) Magistrate Ans: b 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 Ans: C 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 Ans; d 34. In which of the following cases, the Supreme Court held that, even without the 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 Ans: d 35. Section 265A deals with (a) Summary trial (b) Plea bargaining (c) Identification of accused (d) Medical examination of rape victim Ans: b 36. The form of summons is mentioned in section (a) 61 (b) 62 (c) 91 (d) 92 Ans: a 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 Ans: d 38.The procedure for arrest is described in section (a) 46 (b) 50 (c) 51 (d) 57 Ans: a 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) Abraham Vs. State of Maharashtra (2003 (2) SCC 649) c. (c) K. Basu Vs. State of West Bengal (AIR 1997 SC 610) d. Delhi Judicial Service Association Vs. State of Gujarat (AIR 1991 SC 2176) Ans: b

40.In a case involving offence under section 304B, the period of remand under section 167(2) is (a) 15 days (b) 60 days (c) 90 days (d) 180 days Ans: C 41.The Kerala High Court has held the following proposition �section 159 does not confer any power to the magistrate to proceed to the place and conduct local investigation� in (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 Ans: b 42.An enquiry into the apparent cause of death is called (a) Post mortem examination (b) Mahazar (c) Inquest (d) Investigation Ans: c 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 Ans: b 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 the proceedings (a) Magistrate Court Calcutta (b) Calcutta High Court (2006 (2) KLT 525) (c) Kerala High Court (d) Both b. and c. Ans: c 45.The procedure for inquest is mention in section (a) 173 (b) 174 (c) 176 (d) 172 Ans: b

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 Ans: b 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) Ans: d 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 Ans: b 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 Ans: a 50. Under which of the following Sections of Criminal Procedure Code police can arrest an accused without warrant? MP APO -2002 (a) Section 37 (b) Section 40 (c) Section 42 (d) Section 41 Ans: d

As per the Explanation to Section 2(d) of the Cr.PC, 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 ________ . Answer: Complaint.

2. __________ includes all the proceedings under the Cr.PC for the collection of evidence conducted by a police officer. Answer: Investigation[Sectiom 2 (h)] 3. Warrant case is a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. It is defined in ______ . Answer: 2(x) 4. Section 6 of the CrPC defines ________ . Answer: Classes of Criminal Courts. 5. The Court of Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding _______ years or of fine not exceeding _______ or of both. Answer: 3 , 10000 rupees.[Section 29(2)] 6. Where imprisonment has been awarded as part of substantive sentence, the imprisonment in default of payment of fine shall not exceed __________ of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of fine. Answer: one-fourth[Section 30(1)(b)] 7. Duty of public to give information about certain offences is provided under_________ . Answer: Section 39. 8. Any person who has in his possession any implement of house-breaking without lawful excuse __________ arrested without warrant. Answer: can be.[Section 41(1)(b)] 9. A habitual thief as provided in Section. 110 __________ arrested without warrant. Answer: can be[Section 41(2)] 10. Any magistrate may arrest any person ________________.

Answer: within his local jurisdiction.[Sec 44(2)] 11. As per which provision a police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place inorder to liberate himself or any other person who, having lawfully entered for the purpose of making arrest, detained therein. Answer: S. 47(3) 12. According to Sec.70(1) of the Code, every warrant of arrest issued by a Court ________ in writing. Answer: shall be. 13. Power of Court to issue proclamation aginst person absconding is provided in _______ Answer: S. 82 14. Can a court issue warrant in lieu of summons? Answer: Yes. [Sec.87] 15. Power of Court of Judicial Magistrate of first class to detain document within the custody of postal or telegraph authority is provided under ________ . Ans: 92(2) 16. Power of Judicial Magistrate to issue search warrant to search persons wrongfully confined under circumstances that the confinement amounts to an offence is provided under __________ . Ans: S.97. 17. Plea Bargaining is contained in ___________. Answer: Chapter XXI A 18. ______________ independent and respectable inhabitants of the locality in which the place to be searched is situated is necessary for a search with warrant. Answer: 2 or more[sec.100(4)]

19. According to Sec.102 __________ is empowered to seize property alleged or suspected to have been stolen. Answer: any police officer. 20. Executive Magistrate may order a person likely to commit breach of peace to execute a bond for keeping the peace for a period upto ______ year/s.? Answer: One[Section 107(1)] 21. Enforcement of order of maintenance is provided under Section________ . Answer: 128 22. Power of conditional order for removing nuisance can be exercised by _________ . Answer: Executive Magistrate.[Sec.133] 23. Any person disobeying conditional order u/S.133 may be penalised with simple imprisonment of _________ or fine of _______ rupees, or with both. Answer: 1 months, 200[Section 136 of CrPC r/w Section 188 of IPC] 24. A police officer’s power to seize false weights and measures are provided in_______ . Answer: Section 153(2) 25. If an offence is committed by a person in the presence of a Magistrate, the magistrate can arrest that person if the offence is ________ . Answer: either cognizable/or non-cognisable[sec.44-any offence] 26. Police officer’s power to require attendance of persons acquainted with facts and circumstances of the case is mentioned in ___________ . Answer: Section 160(1) 27. A police officer may reduce into writing the oral examination of persons acquainted with the case. This is provided under ________ . Ans: Section 161(3)

28. No statement under Sec.161 is to be signed. ___________ is an exception. Answer: Section 27 of Indian Evidence Act.[162(2)] 29. Section 164 of the Code of Criminal Procedure deals with ___________ . A: Recording of Confessions and statements by Magistrate. 30. Can a police officer on whom the powers of magistrate is conferred record confession under Section164? A: No[Proviso to Sec.164(1)] 31. Further investigation in respect of an offence after report has been forwarded is provided under ______ . A: S.173(8) 32. When an officer in charge of a police station receives information that a person has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation to the nearest _________ . A: Executive Magistrate.[174(1)] 33. Where it is uncertain in which of the several ...