DISTRICT JUDGE QUESTION PAPER – CRIMINAL LAW

THE CODE OF CRIMINAL PROCEDURE CODE

1. “Forever distinct offence of which any person is accused there shall be a separate
charge and every such charge shall be tried separately” Discuss. Also state the
exceptions to the above. What is the effect of errors in Charge?

2. What is the procedure for delivery of Judgment in the trial in a Criminal Court and
whether Court can pronounce Judgment in the absence of the accused? Can a
Court alter the Judgment in a criminal case after it has been delivered?

3. Explain plea bargaining. In what cases plea bargaining is not available?

4. Explain the considerations for grant of bail in non-bailable offences. How regular
bail differs from anticipatory bail?

5. Explain the procedure for conducting trial before a court of session.

6. “No person shall neglect or refuse to maintain his wife, children and Parents”.
Discuss.

7. State the circumstances under which a person can be arrested without warrant and
state the rights of the arrested person.

8. What is the effect of absence of charge specifically for the offence punishable under
section 498(A), where the accused is tried for the offence punishable u/s 304(B)?

9. State the difference between rejection of bail and cancellation of bail?

10. Briefly explain the relevant principles under the Directive principles of State Policy
under the Constitution with reference to Section 357 of the Code of Criminal
Procedure and Victim Compensation Fund.

11. State the procedure in brief to be adopted by the Sessions Court to tender
pardon to accomplice.

12. How case and counter-cases arise? Discuss the procedure to be adopted while
trying case and counter-case with reference to case law.

13. Discuss the aggravating and mitigating circumstances to be kept in mind by the
Court while imposing sentence.

14. Discuss the law in brief regarding compensation to be paid to the victim of the
offence.
1
15. Distinction & similarity between discharge and acquittal.

16. Write a brief note on the following:

(a) FIR

(b) Recording of confession statement under Section 164 of Cr.P.C.

(c) Relevance of statements under Section 313 of Cr.P.C.

17. Explain the considerations for grant of bail in non-bailable offences?

18. How regular bail differs from anticipatory bail?

19. Explain the procedure for conducting trial before the court of Session?

20. Explain the revisional powers of the Sessions Judge.

21. What are the contents of charge?

22. Explain the procedure for conduction sessions trial.

23. Write Short Notes on:

1. Omissions and Contradictions.

2. Plea bargaining.

3. Compensation to victim U/s.357 of Cr.P.C.

4. Reference of a case to the High Court U/s.395 of Cr.P.C.

5. Revisional powers of the Sessions Judge U/s.397 of Cr.P.C.

6. Withdrawal from prosecution U/s.321 of Cr.P.C.

24. Explain the evidentiary value of statement of an accused recorded under Section
313 Criminal Procedure Code, in the light of the recent judgments of the Supreme
Court.

25. What is the effect of error in framing the charge in respect of the following:-

(a) Mistake in mentioning the date of offence.

(b) Error in stating offence or particulars required to be stated in the charge.

(c) Omission to state the offence or particulars of the offence.

26. Write short notes on:

(a) Plea bargaining:

2
(b) Victim oriented criminal justice.

27. Under what circumstances a Court can sentence an accused in a murder case to
capital punishment? Name two leading cases of the Supreme Court of India.

28. Write short notes on Grant of pardon to an approver.

29. ‘A’, a major lady inmate, in a woman’s institution, run by the Government,
complains that she was raped by ‘B’, the Superintendent of the institution. There
is no evidence to corroborate her statement. ‘B’, contends that the act was
consensual. Additionally, ‘B’ contends that, he being a public servant, could not
have been prosecuted sans previous sanction of the State Government, as provided
under section 197 of Cr.P.C.

Will the prosecutrix succeed?

30. A, a villager goes to police station to lodge a report. He finds that the policemen at
the police station are sleeping and pay no heed to his grievances. He removes a
handcuff from the police station and brings the same before the Superintendent of
Police to show the state of affairs. A is prosecuted for having committed theft of
handcuff. Will the prosecution succeed?

31. ‘A’ forges a document and thereafter institutes a suit against ‘B’, on the strength of
the forged document. ‘B’ appears in the suit. On realizing that the document is
forged, ‘B’ lodges a prosecution against ‘A’ for forgery. ‘A’ assails the prosecution
on the ground that the interdict contained in Section 195 of Cr.P.C. comes into
play and cognizance of the offence could not have been taken except on the
complaint in writing of the Court or by the Officer authorized by the court, before
which the document was tendered. Whether the objection raised by ‘A’ is legally
tenable?

32. Discuss Victim compensation scheme.

33. Can a Court of Sessions take cognizance of an offence without a case being
committed to.it? If yes, discuss the legal provisions in that regard.

34. State relevant provision of Code of Criminal Procedure regarding Tender of Pardon.
When and how it can be forfeited?

35. Explain principle of “Double Jeopardy” under the Constitution of India and the
Code of Criminal Procedure. State exceptions thereto? What does issue estoppel
mean?

36. Write short notes on Plea Bargaining.

37. On what aspects the Court has to satisfy itself before framing a charge?

3
38. Can a person charged for an offence under Section 302 IPC be convicted for an
offence under Section 304B IPC (dowry death), even though the charge for the
offence under Section 302 IPC is not established? Can such conviction under
Section 304B IPC be sustained in the light of the provisions contained in Section
464 Cr.P.C., i.e., “the effect of omission to frame, or absence of, or error in,
charge”?

39. Distinction and similarity between Discharge and acquittal.

40. Brief note on First Information Report

41. Explain difference between a summons case and a warrant case.

42. In what type of cases can plea bargaining be permitted and in what type of cases it
is not permitted?

43. Explain in detail the procedure to be followed with regard to disposal of cases on
the basis of plea bargaining with reference to relevant provisions and leading
cases, if any.

44. Evidential value of statement of accused recorded under 313 Cr.P.C. and its
usefulness.

45. Write short notes on the following:

a. Victim-oriented criminal justice.

b. Withdrawal from prosecution.

4
 DISTRICT JUDGE QUESTION PAPER – CRIMINAL LAW

INDIAN PENAL CODE

1. On what principles and to what extent the Supreme Court of India has recently
decriminalised the offence prescribed by Section 377 of the Indian Penal Code,
1860 in the case of Navtej Singh Johar and Ors. Vs. Union of India, Through
Secretary, Ministry of Law and Justice?

2. What do you mean by Harbouring Offender? In what cases harbouring made an

offence under Indian Penal Code, 1860 and what is the punishment prescribed for
such an offence?

3. Discuss the points of distinction between theft, extortion, robbery and dacoity.

4. Define rape. Discuss its ingredients.

5. Define murder. Distinguish between culpable homicide and murder.

6. When the right of private defence of the body extends to causing death?

7. A young man of 26 years is in love with a girl. But she does not respond to the
same. Angered by the same, the young man in order to teach her a lesson,
procures sulphuric acid and throws it on her face, causing severe acid burn
injuries including loss of both eyesight and permanent disfiguration of face and
hands. What is the offence committed? Explain.

8. Whether exemption from Criminal liability is given to a wife whose husband is alive
and the marriage is in force. If so what is the Constitutional validity of Section 497
Indian Penal Code.

9. “Law is no respecter of persons and is the same for everyone”

10. Mention the substance of “Legal insanity and medical insanity”

11. “The right of private defence lasts so long as the apprehension of the danger to the
body continues” substantiate.

12. Kinkara commits murder and he is awarded imprisonment for life and fine of
Rs.20,000/- instead of death sentence and he is lodged in Ballari Jail and he
murders a fellow convict in the jail. Being a life convict who was awarded life
sentence instead of death penalty, is there a particular form of compulsory
sentence pronounced against him. Discuss the reference to Constitutional validity
of section 303 of Indian Penal code by referring the judgment of Apex Court in
‘Mithu vs State of Punjab’ AIR 1983 SC 473.

13. Effect of Non using the deadly weapon or injuries to the vital organs where the
accused is tried for the offence punishable under section 302 Indian Penal Code.

5
14. What exactly is the difference between “Euthanasia” and “Abetment” to commit
suicide?

15. Rape is a crime and not a “medical condition”. Rape is a “legal term” and not a
diagnosis to be made by the medical officer. Briefly explain.

16. Whether an accused charged of criminal offence punishable under Indian Penal
Code entitled to invoke right of private defence? Then mention the necessity to call
evidence and also the burden of proof.

17. Raman sees Chandan doing an act which appears to be causing grievous hurt to
Nandan. Raman rushes and takes Chandan to police station by holding and
pulling the hand of Chandan, in the result causes injury on the hand of Chandan.
The truth is Chandan was acting in exercise of his right of private defence, which
was not known to Raman. What about the Criminal liability?

18. Discuss the reformative and deterrent theories of punishment and if the deterrent
theory is made applicable how does it reconcile with Human rights Protection Act?

19. Discuss the law relating to abetment to commit abetment of an offence.

20. What is culpable homicide? Explain when culpable homicide does not amount to
murder.

21. What is abetment? How it differs from criminal conspiracy?

22. Explain the right of private defence? What are its limitations?

23. When the right of private defence of the body extends to causing death?

24. What are the essential ingredients of the offence of rape?

25. What are the essential ingredients of the offence of dowry death under Section
304B of IPC?

26. When does culpable homicide amounts to murder and explain the exceptions
which constitute culpable homicide not amounting to murder.

27. What are the general exceptions available to the accused as a defence in criminal
trial under Chapter IV of IPC with special reference to unsound mind, intoxication,
the act done in good faith for the benefit of a person without sound mind.

28. What are the ingredients of offence of dowry death U/s. 304-B of IPC and what is
the presumptions available to the prosecution under the Evidence Act.

29. What constitutes an offence of rape U/s.376 IPC and explain the weightage to be
given to the evidence of prosecutrix.

30. What are the ingredients of criminal conspiracy, common object, common
intention, common knowledge, abatement of offence. When the member of
6
 unlawful assembly becomes liable for the acts of the other member of unlawful
assembly U/s.149 of IPC.

31. Who is a Public servant under Section 21 of IPC.

32. Explain the difference between ‘common intention’ & ‘common object’.

33. Explain, with reference to provisions of law, under what circumstances an accused
can claim right of private defence.

34. A young man of 26 years is in love with a girl. But she does not respond to the
same. Angered by the same, the young man in order to teach her a lesson,
procures sulphuric acid and throws it on her face, causing severe acid burn
injuries including loss of both eyesight and permanent disfiguration of face and
hands. What is the offence committed? Name the latest law laid down by the High
Court of Karnataka on the subject.

35. What is culpable homicide?

36. Explain the distinction between culpable homicide amounting to murder and
culpable homicide not amounting to murder?

37. What kinds of hurt fall within the definition of ‘grievous hurt/injury’? Mention
provision of law.

38. Two brothers decide to teach a lesson to Mahadeva as he had attempted to molest
their sister and when questioned, he insults and abused them in vulgar language
in front of public. Hence along with three friends, they conspire and decide to
assault him, while he is in his house. All of them get armed with weapons like
choppers, axe and clubs and go to his house. They forcibly enter the house and
attack him. At that time Mahadeva is carrying his four year old son in his arms.
One of the accused in order to attack Mahadeva snatches the child and throws it
down on the ground. While falling, the head of the child hits grinding stone and it
dies instantaneously. Then two of the accused hold Mahadeva and the other
accused, attack him with weapons indiscriminately. When Mahadeva falls down
unconscious they leave the place. Then after Mahadeva is taken to a hospital but
while under treatment breaths his last. The post-mortem report indicates that the
death was due to excessive haemorrhage and multiple injuries to vital organs like
brain, liver and kidney.

What are all the offences committed by the accused? Give reasons with reference
to provisions of IPC.

39. Capital punishment circumstances and provisions in which dealing with the cases
when it has to be awarded.

40. Right of private defence.

7
41. A kidnaps B, a minor living with her uncle at Mumbai, while she was away for
work on the streets at Mumbai. A then locks her up, threatens her and brings her
to Pune, where she had studied. A, then manages to procure false certificate of B’s
age showing her a major girl. On the strength of the said certificate A goes through
a ceremony of marriage and calls B his wife. Afterwards, it is discovered that A,
who is a Hindu, was already married.

What offence/s, if any, is/ are committed by A?

42. A, a Police Officer slapped on the posterior of a lady officer in the presence of elite
persons. On being prosecuted, A took the defence of “de minimis non curat lex”.
Will A succeed?

43. “All murders are culpable homicides but all culpable homicides are not murders”.
Discuss.

44. Section 34 of I.P.C. lays down a principle of joint liability in the commission of
criminal act. Elaborate.

45. Briefly explain the principles governing the criminal liability of Doctors for medical
negligence.

46. ‘A’ under the influence of passion excited by a provocation given by ‘Z’, in the
presence of Z’s sister ‘Y’, intentionally kills ‘Y’. Can ‘A’ be held guilty? If yes, for
what offence? If no, why?

47. ‘A’ a minor girl was proceeding to her school. A day earlier, she had a quarrel with
‘B’ a shop owner, ‘C’ her land lady and ‘D; and ‘F’, the servants of the shop owner.
When ‘A’ was about to reach her school, ‘B’, ‘C’, ‘D’ and ‘F’ caught her. ‘C’ and ‘F’
caught hold of her while ‘B’ and ‘D’ committed rape of ‘A’. All were charged to have
committed Gang rape.

Discuss legal position about C’s liability.

48. “All murders are culpable homicides but all culpable homicides are not murders”.
Discuss.

49. Distinguish between the following:

a. Rape and Adultery

b. Theft and Extortion

c. Kidnapping and Abduction

d. Criminal breach of trust and Misappropriation of property

e. F.I.R. and Complaint

8
50. Ajith, Sujith and Parajit are the patients whose conditions are critical. Raja is a
ward boy of the ward where all the above three persons are accommodated and
they are on ventilators. Ajith dies of heart-attack while on ventilator. Sujith is
recovering, but condition of Parajit is becoming more critical and he has entered
coma. Incidentally, Sujit and ward boy Raja are having election rivalry against
Parajit. The superintendent of the hospital directs Vahan kumar to shift the
deadbody of Ajit to mortuary. When Vahan kumar was on the way to the ward
Raja and Sujit who are also relatives were planning something. When Vahan
kumar entered the ward and asked Raja to take him near the deadbody of Ajit, he
tells that patient Sujit knows better and shows his index finger towards Sujit.
When Vahan kumar asks Sujit about Ajit, the latter makes gesture through his
hand towards the patient Parajit and when Vahan Kumar asks Raja for help he
makes gesture thereby communicating that urgently he has to attend call of
nature. Vahan kumar straight away goes towards Parajit’s cot and calls Yadav
ward boy of another ward for shifting the body from the cot to the stretcher. And
while shifting Parajit to the stretcher Vahan kumar removes the ventilator and
pipes put on Parajit, consequently Parajit dies of suffocation. State whether
criminal liability is there on Sujit, Raja, Vahan kumar and Yadav, if yes, why? If
no, why? Base your comments on sec.302, 304, 229, 34 IPC.

51. Dustanath offers a chocolate to kutty, a child of 4 years and also gives a cup of ice-
cream mixed with cyanide poison and asks the child to give poisonous ice-cream
quietly to Meena who is the mother of child kutty. The child gets confused while
carrying the cup and gives it to the wife of Dustanath whose name is also Meena.
Meena consumes full ice-cream and dies within few minutes in the house of
Dustanath. Inquest mahazar is conducted in the bedroom in the house of
Dustanath where the deadbody was found. Post mortem report suggests that
cause of death of Meena was deadly poisonous substance entering her stomach.
During the trial all the family members and well wishers of Meena turn hostile. In
the opinion of the Court child Kutty is not having enough maturity to depose as
witness. In the above circumstances considering applicable law and particularly
section 106 Evidence Act write your opinion on the legal position.

52. ‘A’, being Z’s servant, and entrusted by ‘Z’ with the care of Z’s plate, dishonestly
runs away with the plate, without Z’s consent.

What offence ‘A’ has committed?

53. Write short notes on Right of Private defence.

54. Distinction and similarity between Common intention and Common object

55. What do you understand by the expression “dowry death”? What are the
presumptions relating to dowry death?

56. Write short notes on any two of the following:

a. Criminal Conspiracy
9
b. Criminal misappropriation and criminal breach of trust.

c. Unlawful assembly

57. Elucidate and explain the distinction between culpable homicide amounting to
murder and culpable homicide not amounting to murder with reference to the
provisions of The Indian Penal Code and the case law.

DISTRICT JUDGE QUESTION PAPER – CRIMINAL LAW

EVIDENCE ACT

1. Whether “test identification parade” is relevant evidence? Discuss briefly in the

light of statement that Section 9 of the Indian Evidence Act, 1872 is the second
exception to the general rule that evidence of collateral facts is not usually
relevant.

2. Explain the terms confession before police, judicial confession and extra judicial
confession and their evidentiary value with reference to relevant provisions of the
Indian Evidence Act, 1872.

3. Explain the presumptions available for Section 113B of the Indian Evidence Act,
1872.

4. Discuss the law relating to Dying Declaration and its evidentiary value.

5. Evidence has to be “weighed and not counted”. Elucidate?

6. Kirathak is charged of the offence of rape punishable under section 376 IPC. And
because of the said ghastly act victim becomes pregnant. Kirathak admits sexual
intercourse on the victim but, contends that the victim voluntarily came forward
and forced him for the act. What is the law regarding consent to sexual
intercourse?

7. Examine the following:

I Proof beyond reasonable doubt.

II Preponderance of probability.

8. Mention 3 rebuttable and 1 irrebuttable presumption and on whom the burden of

proof lies to negate the 3 rebuttable presumptions if stated by you.

9. What should be the approach of the Sessions Court in appreciating the evidence of
the accomplice.
10
10. What are the points on which the Court has to satisfy itself while placing reliance
on the evidence relating to Test identification Parade?

11. Explain the relevant case laws regarding admissibility of secondary evidence in
respect of electronic records.

12. Discuss in brief admissibility/in-admissibility of Statement of the accused

recorded by the Police during investigation of a crime.

13. How the Court should evaluate circumstantial evidence in a murder case? Explain
with reference to circumstances which probably arise in the murder case.

14. Discuss the law relating to dying declaration and its evidentiary value.

15. How the Criminal Court should assess and appreciate the evidence of an expert
witness?

16. Explain in brief:

(a) Evidentiary value of Hostile Witness.

(b) Evidentiary value of Police Witness.

17. Differentiate between:

(a) Omissions and Contradictions.

(b) Primary & Secondary evidence as per the Indian Evidence Act, 1872.

18. What is the presumption available under Section 114A of the Evidence Act?

19. Explain the presumption available under Section 113B of the Evidence Act.

20. When a fact is said to be ‘proved’, ‘disaproved’ and ‘not proved’?

21. Why Test Identification Parade is conducted, narrate the procedure to be adopted
and the safe guards to be taken for conduct of Test Identification Parade with
reference to decisions of Supreme Court.

22. When the statement of a person can be used as evidence although he cannot be
examined as witness, under what provisions of law dying declaration is admissible
as an evidence and how the evidence of dying declaration is appreciated, explain
with reference to decisions of Supreme Court.

11
23. What is extra judicial confession and a judicial confession U/s.164 of Cr.P.C. the
procedure to be followed for recording U/s.164 of Cr.P.C. Explain the case law
with reference to decisions of the Supreme Court.

24. Write short notes on Confession.

25. Explain with reference to case laws, whether corroboration of evidence of the victim
of rape is necessary for conviction for the offence of rape?

26. What is the evidentiary value of Dying Declaration and what are the points on
which the court has to satisfy itself before placing reliance on the Dying
Declaration.

27. How a Criminal Court should assess and appreciate the evidence of following
witnesses:-

(a) Child witness

(b) Close relative of the victim

(c) Police Officer

(d) An injured witness

(e) Expert witness

28. Under what circumstances and under what provision of law a Criminal Court can
draw presumptions against an accused?

29. How the court should appreciate evidence of circumstantial in nature in a murder
case?

30. Write short notes on

I. Res Gestae

II. Hearsay evidence whether admissible? If yes, When?

III. Presumptions under Evidence Act.

IV. Proof of private and public documents: Primary and Secondary

31. How would you evaluate the testimony of an accomplice?

32. Write short notes on Extra judicial confession.

33. Mangal Singh was overpowered by the police of Ramgarh for allegedly committing
the offence of murder. In the process of being apprehended, Mangal Singh was
injured and therefore the policemen escorted him to Ramgarh General Hospital.
The two policemen escorted him till the door of examination room and stood

12
 outside. During the examination, Mangal Singh confessed to the Doctor that he
had actually committed the crime.

This confession is sought to be admitted in evidence against Mangal Singh in the

trial.

State relevancy and admissibility of this piece of evidence.

34. ‘A’ committed murder of ‘B’, brother of A’s wife (‘C’). Soon after committing the
murder, ‘A’ came to his own house and confessed to his wife that he has
committed murder of ‘B’. She therefore lodged first information report at the Police
Station. As a result of murder, relations between ‘A’ and his wife became strained
ultimately resulting into divorce. Thereafter, ‘A’ came to be tried for murder of ‘B’.

During the trial ‘C’ came to be summoned to give evidence against ‘A’. ‘A’ had
resisted prosecution’s prayer for summoning ‘C’ as witness. ‘C’ gave her evidence
whereby extra judicial confession made by ‘A’ gets proved. There is no other
evidence in the case.

Will prosecution succeed?

35. Write short notes on:

I. Intention, motive, preparation and attempt to commit offence

II. Conclusive proof

III. Plea of Alibi

IV. Presumption as to electronic agreements, electronic records and digital signatures.

36. What is primary and secondary evidence? State cases in which secondary
evidence relating to documents may be given.

37. State relevancy and admissibility of, “Admission and Confession”.

38. Write short notes on Discovery of fact U/s.27 of Evidence Act.

13
 DISTRICT JUDGE QUESTION PAPER – CRIMINAL LAW

CONSTITUTION OF INDIA

1. What is the validity period of an Ordinance regarding Criminal Law promulgated by

a Governor of State and the one promulgated by the president of India. What is
essential to make it to be Regular Statue?

2. Whether Article 20(2) of The Constitution of India is the grund-norm and section
300(1) to the file Code of Criminal Procedure is a legal-norm. If so, why? If not,
why?

3. State the circumstances under which a person can be detained under the law
relating to Preventive Detention with reference to Constitution and function of the
advisory board.

4. Write short notes on:

a. Rule of Law

b. Directive Principles of State Policy.

c. Writ of mandamus and Writ of habeas corpus.

5. Elaborate fundamental rights and directive principles under the Constitution of

India.

6. Delay in disposing criminal cases in case of under-trial prisoners can be said to be

denial of fundamental right of an accused. What are the rights of the accused in
such cases? Comment.

DISTRICT JUDGE QUESTION PAPER – CRIMINAL LAW

PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012

1. Explain the presumptions available for Sections 29 and 30 of the Protection of

Children from Sexual Offences Act, 2012.

2. Criminal Action prescribed against a person for giving false complaint or false
information under the Protection of Children from Sexual Offences Act, 2012.

14
 DISTRICT JUDGE QUESTION PAPER – CRIMINAL LAW

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985

1. Explain the presumptions available for Section 35 of the Narcotic Drugs and
Psychotropic Substances Act, 1985.

2. Explain the power of search, seizure and arrest under Sections 42 and 43 of the
Narcotic Drugs and Psychotropic Substances Act, 1985.

3. When the offenders can be released on probation under Section 39 of the Narcotic
Drugs and Psychotropic Substances Act, 1985?

DISTRICT JUDGE QUESTION PAPER – CRIMINAL LAW

SC/ST - PREVENTION OF ATROCITIES ACT

1. What is the legal position regarding duration of maximum sentence for the offence
punishable under sections 306 and 366(A) of the Indian Penal Code committed on a
member of Scheduled Case and Scheduled Tribe by a non-member of Scheduled
Caste and Scheduled Tribe of Prevention of Atrocities Act?

2. State the offences under Section 3(2) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989.

3. What are the offences that come within the purview of the Section 3(2) of the SC/ST
(Prevention of Atrocities Act) 1989 which entitles for higher punishment and to what
extent.

4. Release of accused on bail in offences under the provisions of the S.C. and S.T.
(Prevention of Atrocities Act).

5. Grant of anticipatory bail to an accused arraigned for the offences punishable under
S.C. and S.T. (Prevention of Atrocities) act, 1989.

DISTRICT JUDGE QUESTION PAPER – CRIMINAL LAW

ELECTRICITY ACT

1. State the circumstances under which Compoundable offences under the Indian
Electricity Act are Compounded? State the procedure for such compounding.

15
 DISTRICT JUDGE QUESTION PAPER – CRIMINAL LAW

NDPS ACT

1. What are the legal considerations for grant of bail U/s.437 and 439 of Cr.P.C. vis-
à-vis grant of bail for the offences under NDPS Act and Forest Act.

2. Write short notes on Procedure of search U/s.50 of the NDPS Act.

3. On the basis of a credible information, ‘A’, a female, is apprehended with a

briefcase at a Railway station. On search of the briefcase narcotic drug is found.
On being prosecuted ‘A’ contends that the search and seizure was vitiated for non
compliance of mandatory provision contained in Section 50(1) of N.D.P.S. Act,
1985 regulating search of persons. Is the objection sustainable?

4. Duty of the court in the matter of grant of bail to an accused under NDPS Act.

DISTRICT JUDGE QUESTION PAPER – CRIMINAL LAW

PROBATION OF OFFENDERS ACT

1. Who is entitled to the benefit U/s.4 of the Probation of Offenders Act. What is the
legal consequence when a person is admitted to probation, what is the jurisdiction
of the Court of award compensation to the victim under the Probation of Offenders
Act.

DISTRICT JUDGE QUESTION PAPER – CRIMINAL LAW

NEGOTIABLE INSTRUMENT ACT

1. Write short notes on Defences available under the N.I. Act.

2. Whether the provisions of Section 138 of the Negotiable instruments Act can be
misused in a given case by filing frivolous complaints? Comment with suggestions.

3. Critically examine the liability of a corporate entity and its directors and managers
for an offence under Section 138 of Negotiable Instruments Act.

4. It is a case for offence punishable u/s. 138 of the Negotiable Instruments Act,
1881. The complainant had, after dishonour of a cheque issued in his favour,
16
 taken steps to serve upon the accused, drawer of the cheque a notice under clause
(b) of proviso to Sec. 138 of the N.I.Act. No complaint was, however filed by the
complainant despite failure of the accused to arrange the payment of the amount
covered by the cheque. Instead, the complainant payee of the cheque presented
the cheque for collection, once again, which was dishonoured a second time for
want of sufficient funds. Another notice was served on the drawer of the cheque to
arrange payment within statutory period of receipt of the said notice. Only after
failure of drawer to do so, the payee filed complaint against the drawer u/s 138 of
the N.I.Act.

After entering appearance, the drawer moved Sessions Court in Revision seeking
discharge on the ground that payee could not create more than one cause of action
in respect of a single cheque and the complaint in question having been filed on
the basis of the second presentation and resultant second cause of action, was not
maintainable.

Will the drawer(accused) succeed?

(Note: All other statutory requirements to constitute an offence u/s. 138 of N.I.Act
were forthcoming in the case.)

DISTRICT JUDGE QUESTION PAPER – CRIMINAL LAW

DOMESTIC VIOLENCE ACT

1. Write short notes on ‘Residence order’.

DISTRICT JUDGE QUESTION PAPER – CRIMINAL LAW

KARNATAKA STAMP ACT

1. List the Criminal offences under the Karnataka Stamp Act 1957.

DISTRICT JUDGE QUESTION PAPER – CRIMINAL LAW

GENERAL

1. Describe in 25 sentences as to what are the qualities of a good Judicial Officer.

17
 DISTRICT JUDGE QUESTION PAPER – CRIMINAL LAW

PREVENTION OF CORRUPTION ACT, 1988

1. Explain the presumptions available under Section 20 of the Prevention of

Corruption Act, 1988.

2. What is the effect of Criminal Law Amending Ordinance No. IV of 1944 with
reference to Section 3 and 4. Whether it is a valid law at present. If so, why? If
not, why?

3. A public servant is found guilty of embezzlement of cash and proved guilty in a

department enquiry and is awarded penalty, whether can he be prosecuted under
Criminal Law. Briefly state your reasons.

4. Discuss the Law relating to ‘sanction’ to prosecute a public servant with reference
to Section 19 of the Prevention of Corruption Act 1988 and Section 197 of the Code
of Criminal Procedure.

5. What is the law relating to Section 8 of The Prevention of Corruption Act 1988?

6. What amounts to criminal misconduct by a public servant under the Prevention of

Corruption Act, 1988?

7. Whether the Court can take cognizance of the offense punishable under the
provisions of the Prevention of Corruption Act, 1988, without previous sanction?
Who can grant previous sanction?

8. Who can investigate the offences punishable under the provisions of the Prevention
of Corruption Act, 1988?

9. Who is competent to grant sanction for prosecution of a public servant under

Prevention of Corruption Act.

10. Explain the law relating to sanction with reference to decisions of the Supreme
Court.

11. What is the procedure adopted by the Investigation Agency for detecting and
proving the guilt in a trap case under the Prevention of Corruption Act.

12. Write short notes on

1. Legal presumptions U/s.20 of the Prevention of Corruption Act.

2. Possession of disproportionate assets by a public servant.

3. Presumption where public servant accepts gratification.

18
13. Is delay in disposal of cases under the Prevention of Corruption Act responsible for
large scale corruption amongst public servants / Kindly comment.

19