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LL.M. (1st Year) 2nd Semester Examination
Comparative Criminal Procedure; Common Law and Civil Law System
Time: 1/2 Hours Maximum Marks: 20
Note: Choose the correct answer. Al the questions carries equal marks.

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1. To grant the pardon under section 306 of the Code of Criminal Procedure,
1973-

A. The person getting pardon need not be in police custody

B. The accused should have been given an opportunity to cross examine the person
getting pardon

C. The witness must not be directly involved in the offence

D. The offence should not be punishable with imprisonment exceeding 10 years

2. Section 311 of the Code of Criminal Procedure, 1973-

A. Is confined to Court witnesses

B. Does not include “accused” as witness

C. Cannot be exercised after the accused had closed his defence

D.Does not apply to defense witnesses

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3. An order under section 319 of the Code of Criminal Procedure, 1973-

A. Can only be made on the request of the first informant or one of the witness.

B. Is an administrative order

C. Cannot be made suo motu

D. Cannot be passed unless at least one prosecution witness has been examined

4. Compounding an offence under section 320 of the Code of Criminal

Procedure, 1973-

A. Can only be done after obtaining the permission from the Court

B. Can only be done by the complainant

C. Can result in acquittal of the accused

D. None of these

5. Which court can proceed under section 340 of the Code of Criminal
Procedure, 1973 and hold a preliminary inquiry.

A. Civil Court

B. Criminal Court

C. Revenue Court

D. All of these

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6. Under section 340 of the Code of Criminal Procedure, 1973 the Court can-

A. Move suo motu

B. Move on the application made by a stranger

C. Move on the application made by one of the parties

D. All of these

7. If a judge dies after writing his judgement but before delivering it-

A. The judgement will be final as long as the judge has signed it

B. The judgement will be final if his successor comes and delivers it

C. The judgement will be final in criminal proceedings

D. The judgement will be considered merely as an opinion

8. A judgement-

A. In case of acquittal need not direct the accused to be set free

B. Includes an order of discharge

C. Must be written in the language understood by the accused

D. Should not contain the name of the victim in case of sexual offences

9. The maximum possible compensation award able under section 357 of the
Code of Criminal Procedure, 1973-

A. Depends on the discretion of the judge

B. Cannot exceed the maximum fine possible fine for the offence

C. Cannot exceed Rs 1,00,00,000

D. Depends on the Court in which the case is being tried

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10. If the accused is convicted in a criminal case for an offence under the stature
which does not provide for payment of compensation-

A. The Court cannot award compensation under section 357 of the Cr.P.C and no civil
proceedings are possible

B. The Court cannot award compensation under section 357 of the Cr.P.C but other
civil remedies are possible.

C. The Court can award compensation under section 357 of the Cr.P.C but the award
will be taken into account in subsequent civil suits

D. The Court can award compensation under section 357 of the Cr.P.C but the award
will not be taken into account in subsequent civil suits

11 .Which Section of the Code of Criminal Procedure, 1973 states that

compensation payable to the victim under section 357-A will be in addition to
the compensation payable under section 326-A or 376-D of the IPC.

A. Section 357-A

B. Section 357

C. Section 357-C

D. Section 357-B

12. Which of the following sections of the Code of Criminal Procedure, 1973 deals
with provisions regarding treatment of victims of sexual crimes?

A. Section 357

B. Section 357-A

C. Section 357-C

D. Section 357-B

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13. An appeal against the judgement of acquittal under section 378 of the Code
of Criminal Procedure, 1973-

A. Is not possible

B. Possible as long as made by the accused

C. Can only be filed by the public prosecutor

D. Can only be made to the Supreme Court

14. Section 401 of the Code of Criminal Procedure, 1973-

A. Is only applicable to High Court

B. Is applicable to District Magistrate

C. Is applicable to Chief Judicial Magistrate

D. Is applicable to any Judicial Magistrate

15. Under section 401 of the Code of Criminal Procedure, 1973-

A. The Court cannot set aside order of discharge

B. The Court can interfere even after the expiry of the sentence

C. The Court cannot interfere if the accused is dead

D. The Court can review its judgement pronounced on revision in a criminal case

16. Under section 401 of the Code of Criminal Procedure, 1973-

A. A total stranger cannot move an application for revision

B. The revision can be done without giving notice to the parties

C. The Court cannot interfere if the case is pending

D. A party who is in contempt of Court cannot be heard

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17. The High Court cannot exercise the power under section 407 of the Code of
Criminal Procedure, 1973 if

A. A fair and impartial inquiry or trial is not possible

B. It is expedient for the ends of justice

C.A stranger to the case makes an application

D. It will tend to the general convenience of the witnesses

18. In which of the following cases did the Supreme Court lay down the
guidelines for premature release of life convict?

A. Lanman Naskar v. Union of India

B. Boucher Pierre Andre v. Superintendent, Central Jail

C. Kasmer Singh v. Union of India

D. Raghbir Singh v State of Haryana

19. Which Section of the Code of Criminal Procedure, 1973 deals with the power
of the Magistrate to arrest?

A. Section 40

B. Section 52

C. Section 48

D. Section 44

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20. Which Section of the Code of Criminal Procedure, 1973 allows a person
making arrest to seize offensive weapons.

A. Section 52

B. Section 49

C. Section 41

D. Section 55

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