Questions Bank for Comprehensive Viva

1. What do you understand by word ‘cognizance’?

- Cognizance means taking judicial notice of any offence. It includes the intention of
starting a judicial proceeding with respect to an offence or taking steps to see whether
there is a basis for starting the judicial proceeding. The term is not defined under Cr.P.C
anywhere.
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2. Whether Magistrate can take cognizance of ‘any offence’ or only non-cognizable
offences?
- Can take cognizance of any offence under Section 190 of Cr.P.C, under three grounds:

● Upon receiving a complaint of facts related to offences.

● Upon police reports of facts.
● Upon information received from a person (other than a police officer), or upon his own
knowledge

3. Whether it is compulsory for Magistrate to take cognizance, when complaint has

been submitted to him?
- Section 190 Cognizance of offences by Magistrates – When the complaint comes to
magistrate it is compulsory for him to take cognizance of the offence (if it comes under
his jurisdiction).

4. What is Appeal? How many types of Appeals?

- A legal proceeding by which a case is brought before a higher court for review of the
decision of a lower court is called appeal, not defined in the code. There are basically
four types of appeals.
Appeal made by the victim in case of :

● Order acquitting the accused

● Order convicting the accused for a lesser offence
● Order imposing inadequate compensation

● Appeal from conviction

● Appeal from orders requiring security or refusal to accept or rejecting surety for keeping
peace or good behaviour
● Appeal by the state government against sentence: It is mentioned in the sec.377 of the
CrPC that where the sentence passed by the court is inadequate then the state government
or Central government can direct the public prosecutor to file an appeal.

5. When case is required to be committed to the Sessions Court?

- All cases relating to offences punishable with Imprisonment for life or with
imprisonment for a term exceeding seven years should be committed to a Court of
Sessions when the Magistrate cannot award adequate punishment.
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6. When court can stop the proceedings and acquit the accused?
- Under Section 258 - In any summons-case instituted otherwise than upon complaint, a
Magistrate may, for reasons to be recorded by him, stop the proceedings at any stage
without pronouncing any judgment and where such stoppage of proceedings is made
after the evidence of the principal witnesses has been recorded, pronounce a judgment of
acquittal.
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7. Before the Court of Session, who shall conduct the trial?
- Section 225 - In every trial before a Court of Session, the prosecution shall be conducted
by a Public Prosecutor.

8. What is the meaning of ‘sufficient ground for proceedings’?

- Section 227 – Discharge - Here is sufficient ground for proceeding” means that
reasonable person can come to the conclusion that there is any ground whatsoever to
sustain the charge against the accused.
- If the Sessions Judge is almost certain that the trial would only be an exercise in futility
or sheer waste of time, he has to discharge the accused under Section 227.
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9. If the accused pleads guilty, then, whether Judge has any discretion to go on with
the trial or s/he has to convict the accused?
- Under Section 229 judge has discretion to go with trial.

10. What is the meaning of – ‘cases instituted upon police report and cases instituted
otherwise than on police report’?
- This type of case is filed as an FIR in the police station and is the first step in the process
of warrant cases instituted on a police report. The case is then forwarded to the
Magistrate. When any case is instituted on a police report, and the accused is brought or
appears voluntarily before the Magistrate, the Magistrate shall satisfy himself for
complying with the provisions of Section 207.
● Supply of copy of police report to accused in compliance with Section 207. (Section 238)
● Discharge of accused on baseless charges. (Section 239)
● Framing of charges. (Section 240)
● Conviction on a guilty plea. (Section 241)
● Evidence for the prosecution. (Section 242)
● Evidence for defence. (Section 243)
- A warrant case instituted otherwise than on a police report begins when a complaint is
filed directly with a magistrate. The accused is brought or appears before a magistrate.
The Magistrate begins the proceedings of the case by initiating the hearing process and
files all the evidence received with the record.
● The preliminary hearing of the prosecution’s case.
● Discharge of accused if the accusation is baseless. (Section 245)
● Framing of charge. (Section 246)
● Explaining charge to the accused. (Section 246(2))
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● Conviction on a guilty plea. (Section 246(3))

● Choice of the accused to recall prosecution’s witness. (Section 246(5))
● Evidence for Prosecution. (Section 244)
● Evidence for Defence. (Section 247)

11. When Magistrate can issue notice to the complainant for paying compensation to
the accused?
- Under Section 250(2) when magistrate is satisfied that there was no reasonable ground
for making the accusation. (Fine could not exceed by magistrate as he is empowered)
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12. In a trial of summons case; whether Magistrate can acquit the accused for non-
appearance of the complainant?
- Under Section 256, the magistrate can. (Non-appearance or death of the complainant).

13. Whether complaint can be withdrawn in a Summons Case at any stage?

- Yes. But need to withdraw before final order. (Section 257)

14. In which type/kind of trial only ‘the substance of the evidence’ shall be recorded?
- Section 264 - Judgment in cases tried summarily- In every case tried summarily in which
the accused does not plead guilty, the Magistrate shall record the substance of the
evidence and a judgment containing a brief statement of the reasons for the finding.
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15. Merely/only a conviction order is said to be a ‘judgement’ u/s.353 of the CrPC?
- No
Section 354(1)(c) and 354(1)(d)
(c) shall specify the offence (if any) of which, and the section of the Indian Penal Code (45 of
1860) or other law under which, the accused is convicted, and the punishment to which
he is sentenced;
(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted
and direct that he be set at liberty.

16. When Judgement is said to be complete under the CrPC?

- Section 354. When the judge and presiding officer pronounces in the open court after the
termination of trial about the acquittal or conviction of the accused.
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17. Whether victim can prefer an appeal for enhancement of sentence u/s.372 of the
CrPC?
- The victim approached the SC after the HC dismissed his appeal and urged that in the
view of proviso to section 372, CrPC which gives right to prefer appeal to the victim,
when the accused is convicted for lesser offence, there is no reason to restrict the scope
of appeal only for a lesser offence but not for lesser sentence. (Parvinder Kansal v. The
State of NCT of Delhi & Anr.)
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18. Whether Appeal can be preferred only against the Judgement or also against
order/s? (Which kind of order/s?)
- Section 373 - Appeal from orders requiring security or refusal to accept or rejecting surety
for keeping peace or good behaviour. Any person,
(i) who has been ordered under section 117 to give security for keeping the peace or for good
behaviour, or
(ii) who is aggrieved by any order refusing to accept or rejecting a surety under section 121,
may appeal against such order to the Court of Session:
Provided that nothing in this section shall apply to persons the proceedings against whom are
laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-
section (4) of section 122.

19. In which cases no appeal can be preferred?

Section 375 - No appeal in certain cases when accused pleads guilty. Where an accused
person has pleaded guilty and has been convicted on such plea, there shall be no appeal.
And Section 376 – No appeal in petty cases
(a) where a High Court passes only a sentence of imprisonment for a term not exceeding six
months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;
(b) where a Court of Session or a Metropolitan Magistrate passes only a sentence of
imprisonment for a term not exceeding three months or of fine not exceeding two hundred
rupees, or of both such imprisonment and fine;
(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one
hundred rupees

20. What are the mode of abetment of a thing?

- Section 107 - Abetment of a thing –
1. Instigates any person to do that thing;
2. Engages with one or more other person or persons in any conspiracy for the doing of that
thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to
the doing of that thing
3. Intentionally aids, by any act or illegal omission, the doing of that thing.

21. What is the difference in abetment by conspiracy and criminal conspiracy under
section 120B?
- 120B talks about Punishment of criminal conspiracy.
- Criminal Conspiracy - When two person agrees to do an act or cause to be done a illegal
act. Punishment defined under 120B (1). – Punishable by Death/ Imprisonment of life.
Or Rigorous imprisonment for a term of two years or more.
On the other hand, Abetment of conspiracy one person abets the offence (instigate, engages
or intentionally aid). Punishment defined under 120B (2). – Imprisonment not exceeding
6 months or fine or both.

22. What is the basic legal principle on which the concept of charge revolves around?
- Natural Justice
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23. What are the two principles of natural justice which form the core of fair trial?
- Audi Alteram Partem (Listen to the other side) and Nemo Judex in Causa Sua (No
one can judge his own case).
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24. The first and the most basic element of cheating which is required to be proven is
that….
- The first and foremost important essential for proving cheating, in any case, is
deception.
- Definition - Whoever, by deceiving any person, fraudulently or dishonestly induces the
person so deceived to deliver any property to any person, or to consent that any person
shall retain any property, or intentionally induces the person so deceived to do or omit to
do anything which he would not do or omit if he were not so deceived, and which act or
omission causes or is likely to cause damage or harm to that person in body, mind,
reputation or property, is said to “cheat”.
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25. As per the SC in Gian Singh case, which type of offences cannot be quashed under
section 482?
- Non-Compoundable – The Supreme Court held that the high court must refrain from
quashing criminal proceedings if the offence involved is a heinous and serious offence or
when public interest is involved. + Predominantly civil nature of offense + Special
statutes i.e., (Prevention of Corruption Act).
- Cannot be quashed under Section 482 - The law stated in B.S. Joshi simply indicated the
powers of the High Court to quash any criminal proceeding or first information report or
complaint whether the offences were compoundable or not. Altamas Kabir, J. further
observed, "The ultimate exercise of discretion Under Section 482 Code of Criminal
Procedure or under Article 226 of the Constitution is with the court which has to exercise
such jurisdiction in the facts of each case.
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26. Can attempt to murder related proceedings be quashed under section 482 of
Cr.P.C.? What are the reasons for your answers?
- Heinous and serious offences of mental depravity or offences like murder, rape, dacoity,
etc. cannot be fittingly quashed even though the victim or victim's family and the
offender have settled the dispute.
- Such offences are not private in nature but have a serious impact upon society. The
decision to continue with the trial in such cases is founded on the overriding element of
public interest in punishing persons for serious offences.
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27. What are the differences between the compounding as made under 320 and the
quashing under 482?
- It has been explained that the said power is in no way limited by the provisions of
Section 320 Code of Criminal Procedure. We are unable to disagree with such statement
of law. In any event, in this case, we are only required to consider whether the High
Court had exercised its jurisdiction Under Section 482 Code of Criminal Procedure
legally and correctly."
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- Once the complainant decided not to pursue the matter further, the High Court could
have taken a more pragmatic view of the matter. We do not suggest that while exercising
its powers under Article 226 of the Constitution the High Court could not have refused to
quash the first information report, but what we do say is that the matter could have been
considered by the High Court with greater pragmatism in the facts of the case.
- In the facts of this case we are of the view that continuing with the criminal proceedings
would be an exercise in futility.
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28. What is the difference between section 34 and 149 of IPC? Cite 3 difference.
Distinction Between Common Intention And Common Object
- The concept of common intention under Section 34 lays down the principle of joint liability.
Acts done by several persons in furtherance of a common intention is considered as a
substantive offence under Section 34. The common intention as provided under Section
34 is defined as the pre-oriented plan and acting in pursuance to the plan.
- Section 141 defines an unlawful assembly and it specifies the existence of common object
amongst the members of the assembly to commit any of the enlisted acts. However,
section 149 of IPC which provides that if any incriminating act is done to accomplish the
common object of unlawful assembly, then it is punishable must be revered.

Basis Common Intention Common object

Required number of members Two or more Five or more

Pre-oriented plan or pre-

Essential Not essential
supposed prior concert

29. How can you prove common intention as required under section 34 of IPC?
- To prove the charge of common intention, the prosecution has to establish by evidence,
whether direct or circumstantial, that there was plan or meeting of minds of all the
accused persons to commit the offence for which they are charged with the aid of
Section 34, be its pre-arranged or on the spur of the moment.
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30. What is the difference between common intention and similar intention?
- Common intention does not mean similar intention of several persons. To constitute
common intention it is necessary that the intention of each one of them be known to the
rest of them and shared by them.
- Common Intention is not the same as similar intention, this is because common intention
requires a prior meeting of minds and holds each of the accused jointly liable
- Whereas, similar intention does not need a prior meeting of minds, that even though the
act takes place with a similar intention to cause harm, it is not pre-planned by the group
members.
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31. What is the difference between common intention and common object?
- Same as Answer 28.
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32. Define dishonesty as per IPC.
- Whoever does anything with the intention of causing wrongful gain to one person or
wrongful loss to another person, is said to do that thing “dishonestly”.
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33. What is the difference between theft and extortion?
- In theft, the offender takes the moveable property without the owner's consent.
- In extortion, such consent is wrongfully obtained, by putting that person or any other
person in the fear of injury.
Subject Matter
Theft: movable property
Extortion: movable property + ‘valuable security’ (Section 30).
- The offence of extortion is carried out by overpowering the will of the owner. In theft,
the offender’s intention is always to take without the person’s consent.
- Extortion takes an intermediate place between theft and robbery and it is more akin to
robbery than to theft.
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34. What is the difference between theft, extortion, robbery and dacoity?
Consent
Theft: movable property is taken away without owner’s consent
Extortion: consent of the person is obtained wrongfully by coercion
Robbery: the offender takes property without consent (robbery being the aggravated form of
theft or extortion)
Dacoity: the offender takes property without consent or it is obtained wrongfully.
Property
Theft may occur only of movable property whereas, extortion may occur of movable or
immovable property, and in the case of both robbery and dacoity, it may be committed
with respect to immovable property, where it is in the form of extortion and not
otherwise.
Element of Force
There is no element of force or compulsion, in case of theft; force or compulsion exist in
extortion, the person being put in fear of injury to himself or to any other persons.
Punishment
- Theft: imprisonment of either description for a term which may extend to 3 years, or with
fine or with both (Section 379)
- Extortion: imprisonment of either description for a term which may extend to 3 years, or
with fine, or with both (Section 384)
- Robbery: rigorous imprisonment for a term which may extend to 10 years, and shall also
be liable to fine; and if the robbery be committed on the highway between sunset and
sunrise it may be extended to 14 years (Section 392)
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- Dacoity: imprisonment for life, or with rigorous imprisonment for a term which may
extend to 10 years, and shall also be liable to fine (Section 395)
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35. Difference between theft and criminal misappropriation.
- In theft, the property is moved without the consent of the owner. In criminal
misappropriation, the person might have come into possession of the property with the
consent of the owner. He commits the offence only subsequently when he converts the
property to his own use.
- Dishonest intention is common to both. In theft, this is shown by moving of the property,
while in criminal misappropriation, it is affected by actual misappropriation or
conversion. In theft, dishonest intention precedes taking, while it follows the taking in
criminal misappropriation.
- While the initial taking in theft is always wrongful, in criminal misappropriation, it may
be innocent and lawful. It is the subsequent change of intention that converts the lawful
taking into unlawful act in criminal misappropriation.
- In theft, there is invasion of possession of another person by the wrongdoer, whereas in
criminal misappropriation, there is no such infringement of the right of possession. The
offender is already in possession of the property and it is his unlawful misappropriation
of it that creates the offence.
- In theft, mere moving by itself is an offence. But in criminal misappropriation, the
moving may not be an offence; it may even be lawful; it is the subsequent intention to
convert or misappropriate the property that constitutes the offence.

36. Cite the maxim on which the offence of mischief is based upon.
- Section 425 of the IPC is based on the principle enunciated in the maxim - sic utre tuo
ut allenum non leadas which means, ‘use your own property, so as not to injure your
neighbour’s (or others’) property.’
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37. What are the categories of offences for which provision related to probation can be
applied?
● the offense committed must not be one punishable with death or imprisonment for
life.
● the court must opine that it is expedient to release him on probation of good conduct
instead of sentencing him to any punishment and
● the offender or surety must have a fixed place of abode it regular occupation in a
place situated within the jurisdiction of the court.

38. Which category of people are entitled to probation?

- A person not under twenty-one years of age is convicted of an offence punishable with
fine only or with imprisonment for not more than seven years, or
- a person under twenty-one years of age, or a woman, is convicted of an offence not
punishable with death or imprisonment for life, (Sec. 360)
39. Who may withdraw from prosecution?
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- Any Public Prosecutor or Assistant Public Prosecutor may, with the consent of the Court,
before the judgment is pronounced, withdraw from the prosecution of any person either
generally or in respect of any offence. But, a public prosecutor cannot apply for
withdrawal from prosecution in case of a private complainant. (Sec. 321)
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40. What are the grounds on the basis of which a public prosecutor can withdraw from
prosecution?
- On the basis of public interest/justice/public peace. Creating harmony. They have to keep
this in mind while withdrawing.
- Also they cannot act on wins and fancy of the political parties that support them
- Withdrawal of prosecutions is not to be mechanically allowed on the basis of the
recommendations of a review committee. The Public Prosecutor must satisfy himself that
the case in question was fit for withdrawal.

41. When the public prosecutors files an application for withdrawal from prosecution,
what are the responsibilities/ duty of the court?
- According to Section 321 (a), if the application for withdrawal from prosecution is made
before charges are framed and the court consents to such application, then the accused is
discharged in respect of the offences he or she was charged with.
- According to Section 321(b), if the application for withdrawal from prosecution is made
after the charges have been farmed and the court consents to the application, then the
accused is acquitted in respect of the offences he or she was charged with.
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42. Who are the stakeholders in restorative justice system?
- The victims, the offenders and the community members, in an effort to put things right.
- The central focus is, not on the offenders getting what they deserve, but on attending to
the needs of the victim and offender, for repairing the injury caused in the best possible
manner.
- These programs can also be used to reduce the burden on the criminal justice system, to
divert cases out of the system and to provide the system with a range of constructive
sanctions.
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43. What are the key differences between criminal justice system and restorative justice
system?
- Criminal Justice system intent is to get retribution or punishment for an offense
committed. In Restorative justice system - The intent is to restore the victim and
community affected by the crime.
- More differences
- Criminal Justice - Restorative Justice
- Here crime is viewed mainly as an - Crime is viewed as an act against
act against the state, a violation of a another person and the community
law.
- Crime is an individual act with - Crime has both individual and
individual responsibility social dimensions of responsibility.
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- Imposition of pain to punish and - Restitution as a means of restoring

deter/prevent is the main tool of both parties; goal of restoration is a
justice. major focus.
- Offender accountability defined in - Accountability is defined as
term of punishment. assuming responsibility and taking
action to repair harm.
- The criminal justice system controls - Crime control lies primarily in the
the crime. community
- Retributive justice assumes that - Restorative justice assumes that
state or government play a more community members or
active role than community. organizations play a more active
role.

44. How the word victim was interpreted by the Delhi HC in Ram Phal case?
- “Victim” in Section 2(a) of the CrPC, by virtue of being defined as “a person who has
suffered any loss or injury” must include a person who has suffered “harm caused to the
mind”, given that Section 2(y) of the Cr.PC, incorporates the definition of “injury” in
Section 44[2] of the IPC into the Code.
- The decision of the single judge in Selvaraj’s case, holding that the term ‘victim’
found in Section 372 excludes a complainant, is not legally correct. In a given case, a
complainant, who is also a victim, can avail right granted under Section 372.”
- gian
45. How the word legal heir was interpreted by the Delhi HC in Ram Phal case?
- The word "heir" means all persons who are entitled to the property of another under the
law of inheritance. In Section 2(a) of Cr.P.C., since the word heir is preceded by the
word "legal", it must be construed in the legal sense as that is the clear intention of the
Legislature. The expression "legal heir" in relation to a victim, therefore, clearly refers to
a person who is entitled to the property of the victim under the applicable law of
inheritance."
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46. What are the needs of the victims which can be taken care by the restorative
justice?
- Restorative justice views crime as more than breaking the law – it also causes harm to
people, relationships, and the community. So a just response must address those harms as
well as the wrongdoing.
- The needs of victims for information, validation, restitution, testimony, safety, and
support are the starting points of justice.
● The safety of victims is an immediate priority.
● The justice process provides a framework that promotes the work of recovery and
healing that is ultimately the domain of the individual victim.
● Victims are empowered by maximizing their input and participating in determining
needs and outcomes.
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● Restitution programs require offenders to repay those who have been harmed by their
offenses, generally through monetary payments but in some cases through in-kind
services to the victims.
● Victim Compensation provide payment to victims by the government or another party
unrelated to the offender, in an amount based on the nature and extent of the harm
received.

47. What are the needs of the offenders which can be taken care by the restorative
justice?
- Offenders' needs and competencies are addressed.
● Recognizing that offenders themselves have often been harmed, healing and integration
of offenders into the community are emphasized.
● Offenders are supported and treated respectfully in the justice process.
● Removal from the community and severe restriction of offenders are limited to the
minimum necessary.
● Justice values change above compliant behavior.

48. What are the basic principles and core values of restorative justice?
- Crime is an offense against human relationships.
- Victims and the community are central to justice processes.
- The first priority of justice processes is to assist victims.
- The second priority is to restore the community, to the degree possible.
- The offender has personal responsibility to victims and to the community for crimes
committed.
- The offender will develop improved competency and understanding as a result of the
restorative justice experience.
- Stakeholders share responsibilities for restorative justice through partnerships for action.
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49. Cite five major provisions which have been inserted to protect the rights of victims.
- Section 372, 357, 357A, 378, 406 and Article 20 of the constitution.

50. Differentiate between section 357 and 357A of Cr.P.C?

- Section 357 of CrPC provides the idea of payment of compensation by the offender.
Development of modern criminology towards victim rights has been expanded in
substantive and procedural laws by inserting section 166B In Indian Penal Code, 1860.
- Section 357A in Code of Criminal Procedure 1973 have devised new tools to promote a
right based remedy. Under this provision, the victim needs to be rehabilitated, the victim
may request the State or District Legal Services Authority to award him/her
compensation.