Criminal Procedure

Code
Lecture 02
 CRPC Weightage

Year No. of Ques

2014 30
2015 20
2018 15
2019 25
2022 30
QUESTION- 17 (2014)

#Q. 'A Metropolitan Magistrate may release an accused

on bail in non-bailable offence except in following
case(s) if
A. there are reasonable grounds for believing that he
has been guilty of an offence punishable with death
or imprisonment for life..
B. there are reasonable grounds for believing that he
has been guilty of a cognizable offence and he has
been previously convicted of an offence punishable
with imprisonment for seven years.
C. he had been previously convicted on two or more
occasions of a cognizable offence punishable with
imprisonment for three years.
D. All of these
CHART Ch 33 (Sec 436-450) Bail & Bond
BAIL When granted ?
QUESTION- 21 (2015)

#Q. Which of the following statements is wrong:

A. Oath may be administered to an accused before her

examination under Section 313 Cr.P.C.

B. Accused can refuse to answer any question when he

is examined under Section 313 Cr.P.C.

C. Accused can be put any question by the court at any

stage of the trial.

D. Evidence which incriminates the accused has to be

put to him or her by the court.
QUESTION- 22 (2015)

#Q. Which among the following statements is incorrect:

A. A death sentence imposed by a Sessions Court is

subject to confirmation by the High Court.
B. A death sentence imposed by a Sessions court can be
confirmed by the High Court only when a Bench
consisting of two judges or more hears the case.
C. No confirmation of a death sentence imposed by the
Sessions Court can be made before the expiry of the
period for preferring the appeal.
D. The High Court cannot acquit the convict while
considering the case for confirmation unless he
prefers an appeal.
 Ch 28- Submission of Death sentence for Confirmation

366:- 367:- 370:-

369:- 369:-
Sentence of death Power to Differenc
Confirmation or In cases
to be submitted by direct further e of
new sentence submitted to HC
Cos for inquiry opinion
to be signed for confirmation
confirmation

Sec 368:- Power of HC

QUESTION- 28 (2015)

#Q. Under Section 315 of Cr.P.C.

A. an accused cannot be a witness

B. an accused can be compelled to give his own

evidence generally

C. an accused can be called as a witness only on his

own request in writing

D. either (A) or (B)

QUESTION- 35 (2015)

#Q. A statement made by any person to a police officer

in the course of investigation:

A. if duly proved can be used as substantive evidence

by the accused and the prosecution

B. if duly proved can be used by the accused and the

prosecution to contradict such witness

C. if duly proved can be used by the accused and the

prosecution to corroborate such witness

D. None of these
 Sec 162:- Statements to police not to be signed: Use of statements in
evidence

(1) No statement made by any person to a police officer in the course of

an investigation under this Chapter, shall, if reduced to writing, be
signed by the person making it; nor shall any such statement or any
record thereof, whether in a police diary or otherwise, or any part of
such statement or record, be used for any purpose, save as
hereinafter provided, at any inquiry or trial in respect of any offence
under investigation at the time when such statement was made:
Provided that when any witness is called for the prosecution in such
inquiry or trial whose statement has been reduced into writing as
aforesaid, any part of his statement, if duly proved, may be used by
the accused, and with the permission of the Court, by the
prosecution, to contradict such witness in the manner provided by
section 145 of the Indian Evidence Act, 1872 (1 of 1872); and when
any part of such statement is so used, any part thereof may also be
used in the re-examination of such witness, but for the purpose only
of explaining any matter referred to in his cross examination
 Sec 162:- Statements to police not to be signed: Use of statements in
evidence

(2) Nothing in this section shall be deemed to apply to any statement

falling within the provisions of clause (1) of section 32 of the Indian
Evidence Act, 1872 (1 of 1872); or to affect the provisions of section
27 of that Act.
Explanation.—An omission to state a fact or circumstance in the
statement referred to in sub-section (1) may amount to
contradiction if the same appears to be significant and otherwise
relevant having regard to the context in which such omission occurs
and whether any omission amounts to a contradiction in the
particular context shall be a question of fact.
QUESTION- 36 (2015)

#Q. In case the offence is punishable with both

imprisonment and fine, maximum sentence that can be
awarded by the Court in default of payment of fine is

A. equal to the term of imprisonment which is the

maximum fixed for the offence
B. half of the term of imprisonment which is the
maximum fixed for the offence
C. one-third of the term of imprisonment which is the
maximum fixed for the offences
D. one-fourth of the term of imprisonment which is the
maximum fixed for the offence
General Provisions
QUESTION- 15 (2014)

#Q. Who can file an application for Plea Bargaining in

the court in which an offence is pending for trial?

A. The Public Prosecutor

B. The victim of the offence

C. The Investigating Officer

D. None of these
QUESTION- 37 (2015)

#Q. Provisions of Chapter-XXI-A Cr.P.C. are not

applicable to cases where the final report discloses:
(i) offences punishable for death
(ii) offences punishable for imprisonment of life
(iii)offences punishable for a term exceeding seven
years' imprisonment
(iv) offences punishable for a term exceeding three
years' imprisonment
Which of the following is correct:

A. (i), (iii) & (iv)

B. (ii), (iii) & (iv)
C. (i), (ii) & (iii)
D. (i), (ii) & (iv)
QUESTION- 39 (2015)

#Q. Under Section 60A Cr.P.C., a person can be arrested

A. in case of commission of offence in the presence of a

police officer
B. on credible information about commission of an
offence punishable with imprisonment for more than
seven years
C. on a complaint by a victim, when a police officer has
reasons to believe that the concerned person has
committed the offence
D. under All these circumstances
QUESTION- 40 (2015)

#Q. A police officer may arrest somebody accused of an

offence

A. to prevent such person from committing any further

offence

B. for proper investigation of the case

C. to prevent tampering of evidence

D. for all these

 Sec 41:- When police may arrest without warrant

(1) Any police officer may without an order from a Magistrate

and without a warrant, arrest any person—
(a) who commits, in the presence of a police officer, a cognizable
offence;
(b) against whom a reasonable complaint has been made, or
credible information has been received, or a reasonable
suspicion exists that he has committed a cognizable offence
punishable with imprisonment for a term which may be less
than seven years or which may extend to seven years whether
with or without fine, if the following conditions are satisfied,
namely:—
(i) the police officer has reason to believe on the basis of such
complaint, information, or suspicion that such person has
committed the said offence;
 Sec 41:- When police may arrest without warrant

(ii) the police officer is satisfied that such arrest is necessary—

(a) to prevent such person from committing any further offence;
(b) for proper investigation of the offence; or
(c) to prevent such person from causing the evidence of the
offence to disappear or tampering with such evidence in any
manner; or
(d) to prevent such person from making any inducement, threat
or promise to any person acquainted with the facts of the
case so as to dissuade him from disclosing such facts to the
Court or to the police officer; or
(e) as unless such person is arrested, his presence in the Court
whenever required cannot be ensured, and the police officer
shall record while making such arrest, his reasons in writing:
Provided that a police officer shall, in all cases where the
arrest of a person is not required under the provisions of this
sub-section, record reasons in writing for not making arrest.
 Sec 41:- When police may arrest without warrant

(ba) against whom credible information has been received that he has
committed a cognizable offence punishable with imprisonment
for a term which may extend to more than seven years whether
with or without fine or with death sentence and the police
officer has reason to believe on the basis of that information that
such person has committed the said offence;
(c) who has been proclaimed as an offender either under this Code
or by order of the State Government; or
(d) in whose possession anything is found which may reasonably be
suspected to be stolen property and who may reasonably be
suspected of having committed an offence with reference to such
thing; or
(e) who obstructs a police officer while in execution of his duty, or
who has escaped, or attempts to escape, from lawful custody;
(f) who is reasonably suspected of being a deserter from any of the
Armed Forces of the Union; or
 Sec 41:- When police may arrest without warrant

(g) who has been concerned in, or against whom a reasonable

complaint has been made, or credible information has been
received, or a reasonable suspicion exists, of his having been
concerned in, any act committed at any place out of India
which, if committed in India, would have been punishable as
an offence, and for which he is, under any law relating to
extradition, or otherwise, liable to be apprehended or
detained in custody in India;
(h) who, being a released convict, commits a breach of any rule
made under sub-section (5) of section 356.
(i) for whose arrest any requisition, whether written or oral, has
been received from another police officer, provided that the
requisition specifies the person to be arrested and the offence
or other cause for which the arrest is to be made and it
appears there from that the person might lawfully be arrested
without a warrant by the officer who issued the requisition
 Sec 41:- When police may arrest without warrant

(2) Subject to the provisions of section 42, no person

concerned in a non-cognizable offence or against whom
a complaint has been made or credible information has
been received or reasonable suspicion exists of his
having so concerned, shall be arrested except under a
warrant or order of a Magistrate.
QUESTION- 41 (2015)

#Q. For recording a confession, the Magistrate should

A. get that person arrested

B. summon the complainant

C. inform such person about the accusation against him

D. inform such person that he is not bound to make a

confession
QUESTION- 42 (2015)

#Q. The ensure fairness and accuracy in a Test

Identification Parade, the requirement is

A. parading persons of same social status

B. parading persons of same or similar physical

appearance along with the suspect

C. parading be done in presence of all the witnesses

simultaneously

D. none of these
 Sec 54A:- Identification of person arrested

(1) Where a person is arrested on a charge of committing an

offence and his identification by any other person or persons
is considered necessary for the purpose of investigation of
such offence, the Court, having jurisdiction may, on the
request of the officer in charge of a police station, direct the
person so arrested to subject himself to identification by any
person or persons in such manner as the Court may deem fit:
Provided that, if the person identifying the person arrested is
mentally or physically disabled, such process of identification
shall take place under the supervision of a Judicial Magistrate
who shall take appropriate steps to ensure that such person
identifies the person arrested using methods that person is
comfortable with:
Provided further that if the person identifying the person
arrested is mentally or physically disabled, the identification
process shall be videographed.
 Sec 43. Arrest by private person and procedure on such arrest

(1) Any private person may arrest or cause to be arrested any

person who in his presence commits a non-bailable and
cognizable offence, or any proclaimed offender, and, without
unnecessary delay, shall make over or cause to be made over
any person so arrested to a police officer, or, in the absence of
a police officer, take such person or cause him to be taken in
custody to the nearest police station.
(2) If there is reason to believe that such person comes under the
provisions of section 41, a police officer shall re-arrest him.
(3) If there is reason to believe that he has committed a non-
cognizable offence, and he refuses on the demand of a police
officer to give his name and residence, or gives a name or
residence which such officer has reason to believe to be false,
he shall be dealt with under the provisions of section 42; but
if there is no sufficient reason to believe that he has
committed any offence, he shall be at once released.
QUESTION- 43 (2018)

#Q. A private person:

A. cannot arrest an accused.

B. can arrest any person who in his presence commits a
non-bailable and cognizable offence in the absence
of police officer.
C. can arrest a person if he sees him running away from
the crime spot where an offence has been
committed.
D. can arrest any person suspected of committing an
offence.
QUESTION- 44 (2018)

#Q. Every police officer on making arrest has to

forthwith give information regarding such arrest and the
place from where the person was arrested:

A. to the Magistrate of the area.

B. to the complainant/victim.
C. to the friend, relative or such other person disclosed
or nominated by the arrested person.
D. it is not necessary to inform anyone but the person
arrested must be informed about the grounds of
arrest.
QUESTION- 45 (2018)

#Q. Judicial Magistrate of the First Class convicted a man

under Section 420, Indian Penal Code. She now intends
to impose a fine on the convict, using her powers under
Section 357(c) of the Code of Criminal Procedure. In the
aforesaid context, which of the following statements are
accurate:

A. the quantum of compensation cannot exceed Rs.

10,000.
B. the quantum of compensation cannot exceed Rs.
5,000.
C. the quantum of compensation cannot exceed Rs.
1,000.
D. there is no limit on the quantum of compensation
that the Magistrate may impose.
QUESTION- 47 (2018)

#Q. Statement under Section 161 of the Code of Criminal

Procedure, 1973:

A. is required to be signed by the person making the

statement.
B. is not required to be signed by the person making
the statement.
C. is required to be signed by the person making the
statement if it is recorded at the direction of the SHO.
D. is required to be signed by the person making the
statement if it is so directed by the Magistrate.
QUESTION- 48 (2018)

#Q. In an application for maintenance, it is not necessary

to aver that:

A. the husband has neglected or refused to maintain

the wife.

B. the husband has sufficient means to maintain the

wife.

C. the husband has treated the wife with curelty.

D. the wife is unable to maintain herself.

QUESTION- 49 (2018)

#Q. Compounding of an offence under Section 320 of the

Criminal Procedure Code, 1973 has the effect of:

A. discharge

B. probation

C. acquittal

D. release on bail
QUESTION- 50 (2018)

#Q. Whether in a summons trial case instituted

otherwise than upon complaint, a Magistrate of first
class can stop the proceedings and discharge (not
acquit) the accused without pronouncing judgment?

A. No. Magistrate must after recording entire evidence

pronounce final judgment of conviction or acquittal.
B. Yes, after evidence of principal witnesses has been
recorded.
C. Yes, for reasons to be recorded, where evidence of
principal witnesses has not been recorded.
D. Yes, as Magistrate has discretion to discharge or
acquit regardless of the stage of the proceedings.
QUESTION- 51 (2018)

#Q. Section 164 of the Code of Criminal Procedure, 1973

statutorily mandates that a Judicial Magistrate shall
record statement of the person against whom offence
has been committed:

A. under any Section of the Indian Penal Code.

B. for all offences punishable with life imprisonment.
C. in all cases where the accused moves an application
for the said purpose.
D. for cases punishable under Section 376 of the Indian
Penal Code.
QUESTION- 52 (2018)

#Q. Anticipatory bail can be granted by the Sessions

court:

A. when the offence committed is bailable.

B. when the accused has committed a non bailable

offence and has been arrested.

C. when the accused it is alleged has committed non-

bailable offence and is yet to be arrested.

D. when the First Information Report has not been

registered.
QUESTION- 53 (2018)

#Q. No court shall take cognizance of a continuing

offence after:

A. six months

B. one year

C. three years

D. none of the above

QUESTION- 55 (2018)

#Q. A valid proclamation under Section 82 of the Code of

Criminal Procedure, 1973 requires:
A. public reading of the proclamation in a conspicuous
place of town or village where the accused ordinarily
resides.
B. copy of the proclamation should be affixed at some
conspicuous place of the house in which the victim
resides.
C. if passed by the Sessions Judge, a copy of the
proclamation should be affixed to some conspicuous
part of the High Court of the State.
D. copy of the proclamation is affixed on conspicuous
part of all police stations in the town/village where
the crime was committed.
QUESTION- 58 (2019)

#Q. Under section 468 Cr.P.C. the period of limitation for

an offence punishable with a term not exceeding one
year is:

A. Six months

B. One year

C. Two years

D. Three years
QUESTION- 57 (2018)

#Q. Which of the following persons is not entitled to

maintenance under Section 125, Cr.P.C. from a man who
has sufficient means and refuses to maintain them?

A. The man's wife

B. The man's illegitimate minor child

C. Daughter-in-law

D. The man's father

QUESTION- 59 (2019)

#Q. Which section of the Cr.P.C directs for free treatment

to victims of sexual offence?

A. Section 357

B. Section 359

C. Section 357B

D. Section 357C
QUESTION- 60 (2019)

#Q. The Supreme Court in the case of Lalitha Kumari,

held that while ensuring and protecting the rights of the
accused and the complainant, a preliminary inquiry
should be made in a time bound manner and in any case
it should not exceed:

A. 7 days

B. 15 days

C. 10 days

D. 14 days
QUESTION- 61 (2019)

#Q. An accused is entitled to statutory bail (default bail)

if the police tails to file the charge-sheet within how
many days of his arrest for the offence punishable with
'imprisonment up to 10 years'?

A. 30 days

B. 60 days

C. 90 days

D. 180 days
QUESTION- 63 (2019)

#Q. Under Section 389 (c) Cr.P.C the Trial Court can
release an accused on bail after conviction where:
A. the accused is Under Section 389 (c) Cr.P.C the Trial
Court can release an accused on bail after conviction
where: sentenced with imprisonment for a term not
exceeding 2 years and no fine is imposed, whether
he is on bail or not.
B. the accused is on bail and he is sentenced with
imprisonment for a term not exceeding 5 years and
no fine is imposed.
C. the accused is on bail and he is sentenced with
imprisonment for a term not exceeding 3 years.
D. the accused is on bail and he is sentenced with
imprisonment for a term not exceeding 7 years and
no fine is imposed.
QUESTION- 66 (2019)

#Q. Period of limitation for execution of the order of

maintenance under Section 125 Cr.P.C. is:

A. One year from the date on which it becomes due.

B. Three years from the dale on which it becomes due.

C. Five years from the date on which it becomes due.

D. Twelve years from the date on which it becomes due.

QUESTION- 67 (2019)

#Q. Recording of pre-summoning evidence may be

dispensed with under section 200 Cr.P.C.:

A. If the complaint is supported by the affidavit of the

complainant

B. If the complaint is made in writing by a public

servant in the discharge of his official duties

C. It the complainant is a senior citizen.

D. All the above

Sec 200-203 –Complaint to Magistrate
QUESTION- 68 (2019)

#Q. Section 164 Cr.P.C. provides for recording of a

confession or statement:

A. In the course of the investigation only.

B. At any time after conclusion of investigation and

before commencement of the trial.

C. During investigation or at any time afterwards

before commencement of inquiry or trial.

D. During investigation, inquiry and trial.

QUESTION- 69 (2019)

#Q. Under Section 260 Cr.P.C. which of the following

offences cannot be tried summarily?

A. Offence of theft where the value of the property does

not exceed two thousand rupees

B. Offences punishable with imprisonment up till one

year.

C. Offence under Section 454 and 456 IPC

D. Offences punishable with imprisonment exceeding

two years.
Ch 21- Summary Trial - Sec 260-265 CHART
QUESTION- 71 (2019)

#Q. Which of the following offences cannot be

compounded under the provisions of Section 320 Cr.P.C?

A. Causing miscarriage punishable under section 312

IPC.

B. Wrongfully confining a person in secret punishable

under section 346 IPC.

C. Criminal trespass punishable under section 447 IPC.

D. Extortion punishable under section 384 IPC

QUESTION- 73 (2019)

#Q. A court can stop the proceedings of a case under

section 258 Cr.P.C. in which of the following cases?

A. Warrant cases instituted otherwise on a police

report.

B. Summon cases instituted otherwise on a police

report.

C. Warrant cases instituted on a police report

D. Summons case instituted otherwise than upon a

police report.
QUESTION- 74 (2019)

#Q. In computing the period of limitation for the

purpose of section 468 Cr.P.C. which of the following
period has to be excluded?

A. The time during which the offender has been absent

from India.

B. The time during which the offender has avoided his

arrest by absconding or concealing himself.

C. Both the above.

D. None of the above.

QUESTION- 78 (2019)

#Q. In the context of Section 161 Cr.P.C. which of the

following statements is incorrect?

A. The statement of a female victim of a sexual offence

can be recorded only by a woman police officer.
B. The person so examined shall be bound to answer
truly all questions relating to the case put to him by
the police officer other than questions the answers
to which would have a tendency to expose him a
criminal charge.
C. The police officer has to record the statement and
get it signed by the person so examined
D. All of the above
QUESTION- 80 (2019)

#Q. 'X' files a private complaint in the Court of the

Magistrate. During the course of the enquiry it
transpired that the Police is also investigating into the
same subject matter. The Magistrate in such a case shall:

A. continue with the complaint case and record the

statement of the witnesses.
B. call for a report from the police officer.
C. stay the proceedings of such enquiry or trial and call
for a report on the matter from the police officer
conducting the investigation.
D. dismiss the complaint.
QUESTION- 83 (2019)

#Q. Which out of the following is an irregularity, which

even if committed by a Magistrate not empowered by
law to do so, but done erroneously in good faith, does
not vitiate his proceedings or render the same to be set
aside merely on the ground of h not being so
empowered?

A. Attaches and sells property under Section 83

B. Cancels a bond to keep the peace
C. To recall a case and try it himself under Section 410
D. Makes an order under Part C or Part D of Chapter X
Homework