Cr.P.C.

Sample Questions

(1) “Bail is the rule and jail is the exception”. In the light of this statement, critically analyze
the provisions on bail and anticipatory bail under Cr.P.C., 1973. On what basis can bailable
and non-bailable offences be differentiated? (4+6=10 Marks)

SYNOPTICS:

(a) Meaning and nature of bail and anticipatory bail

(b) Stages of a trial when bail may or may not be granted

(c) Critical analysis of the Cr.P.C. provisions on bail and anticipatory bail including the gaps
in the existing law

(d) Differences between bailable and non-bailable offences: seriousness of the offence,
magistrate’s discretion, combined with either cognizable or non-cognizable etc.

(2) Critically analyze a magistrate’s procedures and the extent of his discretion in taking
cognizance of cases under Cr.P.C. In what kind of cases can suo motu cognizance and
cognizance on a complaint be taken by a magistrate? (6+4= 10 Marks)

SYNOPTICS

(a) Cognizance in summons, warrant and summary cases

(b) Cognizance on complaint by civilian or public servant and commencement of

investigation orders as an alternative to commencement of investigation after lodging of FIR

(c) Suo Motu cognizance on reports by the media, civilians and other similar sources

(d) Discussion and analysis of Mohan Singh v State of Bihar (2011) 9 SCC 272

(3) Critically discuss and analyze the procedure of preparation of a final chargesheet. Under
what circumstances can charges be framed separately? (5+5= 10 Marks)

SYNOPTICS

(a) Chargesheet by the police and then by the magistrate

(b) Charges to be taken from copy of FIR as well if the same had been lodged at the police
station

(c) Separate charges to be framed for separate offences which is the normal rule. For instance
where multiple offences are committed, multiple offenders need to be tried and multiple
courts might have jurisdiction depending on the acts committed

(d) Discussion and analysis of Bhavna Bai v Ghanshyam case

(4) A was transferred from police custody to judicial custody after being kept in police
custody for 24 hours after his arrest. While staying in judicial custody, his examination has
not led to the recovery of evidence. Evidence of his guilt has also not been found through
examination of witnesses. In the light of these facts, answer the following questions:

(a) If the completion of investigation takes a long time, can a magistrate release A on bail?

(b) Assuming that the offence A is being suspected of is a cognizable and non-bailable one,
can he be granted bail by the magistrate?

(c) Assuming that the offence A is being suspected of is a non-cognizable and bailable one,
can he be granted bail by the magistrate?

(4+3+3=10 Marks)

SYNOPTICS

(a) As per S.167, if the investigation takes a long time and no evidence is found against A he
can be released on bail.

(b) In case of a cognizable and non-bailable offence, grant of bail shall be on the magistrate’s
discretion. A may not be released if there is an apprehension of his going absconding and
destroying evidence

(c) In case of a non-cognizable and bailable offence, A can claim bail as a matter of right. He
would deserve to be released in that case due to the non-serious nature of the suspected
offence and no apprehensions of the same kind as that in cognizable and non-bailable
offences.
(5) X was awarded death sentence for gangrape and murder by the District and Sessions
Court. The same was challenged before the High Court contending that the Sessions Court
does not have jurisdiction to award death sentence. Appeal before the High Court was
dismissed, and death sentence of X was confirmed. The High Court said that sessions court
does have the power to award death sentence subject to confirmation by the High Court. The
same was then challenged before the Supreme Court. In the light of the above facts, answer
the following:

(a) Does the Sessions Court have the power to award death sentence?

(b) Assuming that the sessions court has jurisdiction, what kind of trial can be instituted
before it and what shall be the trial procedure in such a case?

(c) What should be the Supreme Court’s decision in this case?

(2+6+2= 10 Marks)

SYNOPTICS

(a) The Sessions Court does have the power to award death sentence subject to confirmation
by the High Court

(b) Discussion and analysis of CrPC provisions laying down the procedures of warrant trials
before the magistrate

(c) Supreme Court should uphold the High Court’s decision of confirmation as the same is
compliant with the relevant CrPC provisions

(6) “Summary trials constitute a major mode of speedy disposal of cases particularly in petty
offences”. Discuss whether you agree or disagree to the statement. Discuss in the context of
summary trial procedures as to whether the current process is suitable in the Indian context or
not? (2+8= 10 Marks)

SYNOPTICS

(a) Discussion and analysis of summary trials in India with the help of relevant Cr.P.C.
provisions
(b) Critically analyzing the provisions to discuss the suitability of the entire process in the
Indian context

(c) Discussion about the language barrier and procedural delays

(d) Critically analyzing the role of fast-track criminal courts not playing their role properly
and increasing the burden of district courts all over the country

(7) “India follows an adversarial system of justice wherein the accused is presumed to be
innocent until proven guilty”. Can this statement be placed within the trial procedures
followed in India as per the Cr.P.C. provisions? Discuss critically in the light of relevant
statutory provisions and case laws. (10 Marks)

SYNOPTICS

(a) Criminal trials commence with this assumption in India and opens with the defence
statement of pleading innocent in court

(b) General principles of acquittal and conviction followed and enforced in India such as
gathering enough evidence to prove guilt beyond reasonable doubt

(c) Analysis of the trial procedures prescribed in Cr.P.C. for summons, warrant and summary
trials, particularly the method of pronouncement of conviction and acquittal

(8) “There are some exceptions to the basic rule that separate charges should be framed for
separate offences and each offence as well as each accused should be tried separately”. In the
light of this statement, critically analyze with the help of relevant statutory provisions and
general principles of procedural law, the various exceptional circumstances to this statement
(10 Marks)

SYNOPTICS

(a) Concept of joinder of charges and joinder of the accused in a single trial to be explained

(b) Seven exceptional circumstances to be discussed and analyzed when joinder of charges
and consolidation of trial is possible as per Cr.P.C.

(c) Illustrations to be given for each exception to substantiate

(d) Landmark judgements for joinder of charges to be discussed such as in cases of
assassination of public figures etc.