Legal Bites brings to you CRPC Mains Questions Series Part V. The questions enlisted here are arranged section-wise and will aid the students preparing for Judiciary, APO or University Exams. The list question curated by Legal Bites will help candidates identify the important and frequently asked questions and give them good practice for their aptitude and knowledge.
CRPC Mains Questions Series Part V of XI
We know answer writing is a continuous exercise that is an inalienable part of the preparation process for any Examination. A well-written answer not only reflects the knowledge of an aspirant but also his/her ability to tailor the content in a manner suited to meet the expectations of the question.
Rigorous preparation for this exam is mandatory in order to crack it. In the last few months prior to the exams, it is sufficient for candidates to simply keep practicing these questions in order to gain mastery over the subjects studied. Not only the candidate’s confidence level but also their scores will show good improvement upon following it.
CRPC Mains Questions Series | Part – V of XI
Can a court of Additional Sessions Judge take direct cognizance of an offence? If so, under what provision of law? [UP H.J.S. 1996]
S and N forged a partnership deed in league with the officials of the Income-tax Department. S filed a civil suit, produced a copy of the said partnership deed and obtained an exparte interim injunction restraining R from interfering with the possession of the certain property.
R filed a complaint against S, N and other before a Magistrate for the offences under Sections 120-B, 465, 468, 471 and 474 I.P.C. The Magistrate refuses to take cognizance of the complaint without a complaint in writing by the Civil Court. Decide the validity of the order. (D.J.S. 1990)
What are the exceptions to the general rule of law that any citizen can set the machinery of criminal law in motion? Illustrate your answer [Raj J.S. 1989]
Discuss the prosecution process of offences against marriage as provided under Cr.P.C, 1973. [UPCJ, 2016]
What do you mean by a complaint? Explain its essentials. State the procedure that a Magistrate shall follow when a complaint is made to him? [UPCJ 2016, MPHJS 2011]
What are the two courses open to an aggrieved person under criminal law? [WB J.S. 2000]
A commits an offence under Section 403, Indian Penal Code (dishonest misappropriation of property) in respect of the property of B. What course or courses is/are open to aggrieved party B for initiating the prosecution against A. Can B initiate the prosecution by lodging First Information Report? Give reasons.
Can a complaint be made against an unknown person or persons?
A files a petition in the Court of Chief Judicial Magistrate regarding commission of an offence but makes no prayer for taking action against accused persons. Can this petition be treated as complaint petition?
How is a case committed to the Court of Session when offence is triable exclusively by Court of Session? [BIHAR J 2014]
The general rule is that any person having knowledge of the commission of an offence may set the law in motion by filing a complaint. Are there any exceptions to this rule in regard to prosecution for an offence against the State and prosecution against judges and public servants?
What is the law relating to Prosecution for defamation against public servants in respect of their conduct in the discharge of their public functions?
Explain the powers of magistrates for trial and disposal of complaints. [MPHJS 2017]
A Magistrate, after considering reports of two enquiries under Section 190 Cr. P.C., orders another inquiry under Section 202. After considering all those reports, he takes cognizance of offence. Examine the legality of the Magistrate’s action, referring to case law. [MPHJS 2008, BIHAR J 1997, 1986, MPJ 2012, P.C.J., 2006]
‘A’ lodges an F.I.R. at a Police Station against named accused of cognizable offence. Upon conclusion of the investigation the Police files before the concerned Magistrate Final Report absolving the accused. What steps the Magistrate will take, and what options are open to the informant complaint in case Magistrate accepts the Final Report? [U.P.H.J.S. 2000]
A company lodged first information report for offences under Sections 408/420 I.P.C. against ‘X’ its former Divisional Manager. After completing the investigation, report under Section 173, Cr. P.C. was sent to the Magistrate stating that the case was of civil nature.
The Company lodged a protest petition with the Magistrate and sought permission to prove the commission of offences by `X’. The Magistrate, after perusing the investigation records, came to the conclusion that a prima facie case under Section 408/420 I.P.C. was made out against ‘X’ and consequently issued process against him under Section 204 of the Code of Criminal Procedure.
Then this order is challenged by ‘X’ on the ground that the Magistrate had no power to issue process against him without first complying with the provisions of Sections 200 and 202 of the Criminal Procedure Code. Decide the Objection. [U.P.H.J.S. 2012, D.J.S. 1990]
Locus standi in a Protest Petition: Can it be entertained after acceptance of the closure report? [DJS 2010]
How are the proceedings for trial of a case commenced? Can an accused be dispensed with his personal attendance in Court?
What provision has been made in Cr.P.C for disposal of petty offences?
Describe the procedure to be followed when there is a complaint case and police investigation in respect of the same offence.
What is the provision for supplying the copies of the Police Report and other documents to the accused?
Contents of charge under code of Criminal Procedure, 1973. [UPHJS 2018]
A is charged with murdering Haider Baksh on 20th January 1997 and Khuda Baksh on 21st January 1997. When charged for the murder of Haider Baksh he was tried for the murder of Khuda Baksh. The witnesses present in his defence were the witnesses in the case of Haider Baksh. A is convicted by a court. A challenges the said conviction on the ground of error in the charge. Decide. [U.P.C.J. 1997]
For every distinct offence of which any person is accused, there shall be a separate charge, and every such charge shall be tried separately. State the exceptions to this rule, if any. [UPCJ 2015, UPCJ 1983, 1986, 1997]
A is accused of theft of a certain article at a certain time and place. Is it necessary to set out in the charge, the manner in which the theft was effected? [WB J.S. 1996]
A is accused of cheating B at a given time and place. Is it necessary to mention the manner of committing the offence of cheating in the charge? Refer to the case law on this point.
A is accused of an attempt to commit the offence of cheating. Is it necessary for the trial court to mention the manner of cheating while the court is framing charge against the accused? Give reasons and refer to the case law, if any, on this point.
Whether charges under section 395 or 498-A IPC against more than one persons can be framed without the aid of section 34 or 120-B IPC?
A is accused of committing the offence of cheating. The manner of committing the offence was mentioned in the charge by the trial court. Some misdescription in the manner of cheating occurred in the charge but misdescription was not such as to cause the accused A to misunderstand the case against him. Will such a misunderstanding affect the trial? Give reasons by referring the case law, if any, on this point.
Is a defective “charge” necessarily fatal to conviction?” [UPCJ.1992]