Legal Bites brings to you CRPC Mains Questions Series Part VII. 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 VII 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 – VII of XI
In a complaint case, the complainant on a date fixed is absent. Counsel for the accused urged that the complaint be dismissed and the accused acquitted. Counsel for the complainant contends, however, that there was nothing to be done as summons for the doctor, for whose evidence, the date was fixed had not been issued by the office of the court despite deposit of process fee by the complainant and therefore the case be adjourned to some other date. Decide.
In a summons-case, triable by the magistrate, the complainant A seeks permission from the court to withdraw the case filed against B. The Magistrate trying the case is satisfied that there are reasonable grounds for giving permission for withdrawal. As such he gives his permission but does not record the ‘reasons’ for giving such permission. Is it necessary for a Magistrate to record the reasons while granting such permission for withdrawal of complaint? Refer to case law, if any, on the point.
A, a complainant wants to withdraw a complaint, filed against the accused B in case of a ‘warrant’ trial. Can A do so? Give reasons and also refer to the case law/ laws on the point, if any.
Distinguish between withdrawal and composition.
What are the objects of the Summary trial? What offences may be summarily tried and by whom? Give a brief account of general provisions of summary trial as constrained in the criminal procedure. [U.P.P.C.S. (J) 1982/ 1987/ 2000 [RJS 1989] Bihar (J) 1987]
In a case tried summarily by a Metropolitan Magistrate, a sentence for six months imprisonment of the accused is passed by him. Is the sentence of imprisonment legal?
A, a Sessions Judge confers power upon B, a 1st class Magistrate to conduct a case summarily. Is the order of the Sessions Judge conferring power upon the 1st Class Judicial Magistrate valid?
Can a Chief Judicial Magistrate try a case summarily in which punishment of imprisonment is one year?
What is plea bargaining? Briefly described its procedure whether these provisions apply in respect fo all types of offences and all types of victims? [UPCJ, 2013, 2016]
Discuss the provisions in Cr.P.C. regarding the attendance in the Court of persons confined or detained in prisons.
Explain the procedure regarding taking and recording of evidence.
A is detained in prison under the National Security Act. Can A be ordered to be produced before Court for recording his evidence where the Court is located 80 km or more from the prison? If yes state under what circumstances can the officer in charge of the prison abstain from carrying out the Court’s order? If yes, when? [U.P.H.J.S. 1984]
Write notes on the following-
- Deposition of medical witness.
- Identification report of Magistrate.
- Evidence of officers of the Mint.
Can evidence be recorded in absence of the accused?
What do you understand by the rule of “Autrefois Acquit” and “Autrefois Convict” in Cr.P.0 and what are the essentials for such defence? [U.P.H.J.S 1984]
A files a complaint petition against B for voluntarily causing hurt to him. The concerned Magistrate dismisses the complaint petition of A. After some days, A again files the complaint petition against B for the same offence on the same facts. This time Magistrate takes the cognizance of the case. The accused challenges the cognizance under Section 482 of Cr. P.C. in the High Court on the ground that he is entitled to the benefit of Section 300 of Cr. P.C. and now he cannot be tried. Is his argument sustainable at law?
What is Narco-analysis and what is the legal sanction behind it?
N lodged a report with the police against H, father of P, a minor girl of 17 years, alleging that the house of H was visited by persons of bad repute and that P had immoral relations with them. H filed a complaint about defamation against N, but it was compounded on the accused tendering apology. Subsequently, P filed a complaint about defamation in respect of the same matter against N. It was contended on behalf of N that the previous acquittal was a bar. Decide. [D.J.S. 1991]
Nanakchand was tried along with others on the charge of Section 302 IPC read with Section 149. At the end of the trial, the applicability of Section 149 was not established and the trial court convicted him under Section 302 read with Section 34, IPC. Whether the conviction is valid? Reply with reasons and support of leading cases. [U.P.C.J. 2013]
Can a police officer who has taken part in the investigation be permitted to conduct the prosecution?
State the provision of the right of accused for a pleader of his choice and for providing him legal aid by State Government. Whether a poor accused be granted legal aid at State expense? If so, when?
When can the court grant pardon to a co-accused? Can it subsequently be withdrawn?
State the powers of a criminal Court to make a local inspection in any inquiry, trial, or other proceedings.
What are the objects of recalling a witness under Section 311 of the Code of Criminal Procedure and when Courts should not exercise the power of recalling a witness for cross-examination? [U.PH.J.S. 2007, UPHJS 2014]
Explain the power of Magistrate to order any person to give a specimen signature or handwriting.
Discuss the ingredients for the recall of a witness under Section 311 of Cr.P.C. with relevant case laws on the subject. [U.P.H.J.S. 2014, MPHJS 2014]
After the prosecution evidence was over, the court said to the accused, “Having heard the evidence against you what have you to say about?” The accused replied, “I am innocent. I was at Nagpur at the crucial time when the occurrence in question took place at Agra. The prosecution story is false. I shall produce evidence”. And he did. His conviction is being assailed on the ground that he had not been properly questioned after the prosecution’s evidence. How would you decide? [D.J.S. 1991]
Can an accused be considered a competent witness? [MPHJS 2012]
Discuss in detail the procedure in case of a person of unsound mind tried before Court. [UPHJS 2018]
State the provision in the Code for inquiries and trial being held in the absence of the accused.