LAW OF CRIMES-II

(ONLINE MODE QUESTION PAPER); MONSOON 2021

ALL QUESTIONS ARE CUMPOLSORY

TOTAL MARKS - 60

1. After considering the record of the case and after hearing the parties, if the court
considers that there is ground for the presuming that the accused has committed an
offence which is triable excludible by the court of session, in such a situation what is
the next procedure to be adopted by the court? Define ‘formal information to the
accused’ and Discuss in detail the procedure with reference to the concept ‘formal
information to the accused’. (3+5)

2. In every enquiry or trial, the proceedings shall be held as expeditiously as possible, and
in particular, when the examination of witnesses has once begun, the same shall be
continued from day-to-day until all the witnesses in attendance have been examined,
unless the court finds the adjournment of the same beyond the following day to be
necessary for the reasons to be recorded” . Is this the rule or exception? Explain with
reasons and case laws how the present criminal justice system can be made effective?
(3+5)

3. A fair trial implies that it should be fair, both to the prosecution as well as the accused
person. At present the system is concerned about a ‘fair trial’ for whom? What are the
rights which is extended to make the trial fair? (2+6)

4. How is Anticipatory bail different from regular bail? Enumerate a comparison between
the indicators for consideration of anticipatory bail and regular bail? (4+4)

5. As soon as an accused surrenders before a court he submits to the jurisdiction of the

court and the right of the police to arrest him does not exist thereafter. Do you agree
with this statement? Discuss with reasons and cases. (3+5)

6. Short notes (each carries 4 marks):

a) Identify the factors for commencement of summary trial in place of warrant trial.

b) Is the present criminal justice system makes the an accused’ a ‘victim’ of the present
system? Support your answer with reason?
c) Touching the arm of the accused is said to be arrest. Do you agree? Explain with
reasons.

d) Whether the ‘fine’ recovered from the accused person upon a conviction to be given
to a victim? What is the recourse when an accused is unable to pay the fine?

e) Distinguish between Arrest and Detention with illustration.