CRPC Mains Questions Series Part VIII: Important Questions for Judiciary, APO & University Exams | Part - VIII of XI

Legal Bites brings to you CRPC Mains Questions Series Part VIII. The questions enlisted here are arranged section-wise and will aid the students in preparing for Judiciary, APO or University Exams. The list of questions 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 VIII 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 reflects the knowledge of an aspirant and 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 practising these questions in order to gain mastery over the subjects studied. The candidate’s confidence level and scores will improve upon following it.

CRPC Mains Questions Series | Part – VIII of XI

Question 1

At what stage the power under Section 319 of the Code of Criminal Procedure is to be exercised by the Court? What is the difference between the powers of the Court under Section 311 Cr.P.C. and Section 319 Cr.P.C? [U.P.H.J.S. 2009, MPCJ 2009].

Question 2

A and B are being tried for the murder of C. During the trial, it appears to the court from the evidence adduced that D was also in the conspiracy with A and B for the murder of C. Can D be made accused by the trial court?

Question 3

‘X’ on hearing that his brother Y was being beaten up by an iron rod by Z reached the spot. He found the accused abusing and saying to the victim that he would not let him remain alive. On seeing ‘X’ and other coming he ran away. ‘X’ removed his injured brother to the hospital where Y died. ‘X’ reported the matter to the police naming Z as the sole accused of the crime.

During interrogation, two witnesses claimed to have seen and heard beforehand A, brother of Z, to have exhorted the accused to kill the deceased where after the actual assailant is said to have assaulted the deceased. Police filed challan against Z on the basis that A was not involved in the crime. X moved an application before the Magistrate to summon A also so as to send him to stand for trial alongside Z before the Court of Sessions. Decide X’s application. [D.J.S. 1996]

Question 4

Discuss the grounds on which an application under Section 319 Cr.P.C. for the summoning of a person as an accused can be filed and at what stage of the proceedings can. The court does so with reference to the latest case law of the Supreme Court in the case of Hardeep Singh v. State of Punjab (2014) 3 SCC 92.

Question 5

A marriage again during the lifetime of his wife. A is prosecuted. Can the offence be compounded? Whose permission is necessary? [Raj. J.S. 1989]

Question 6

A voluntarily causes hurt to B, a male child of 17 years. Can it be compounded? If so, by whom?

Question 7

A commits an offence of publishing defamatory matter against B and is tried under Section 501 of I.P.C., 1860. B dies during the trial. A wants to compound the offence. Advice. [UPJS 1997]

Question 8

A, an accused is being tried under Section 325 (voluntarily causing grievous hurt) and under Section 452 (house-trespass after preparation of hurt) of I.P.C. He gives an application to the trial court seeking permission to compound the offences under the aforesaid Sections. The court rejects the application on the ground that as Section 452 is non-compoundable, permission cannot be granted even though Section 325 is compoundable. Is the order of the trial court valid? Give reasons and also refer to the case law.

Question 9

Six persons are charged under Sections 395/397 of I.P.C. A petition is filed by the de facto complainant for withdrawal of the case on the ground of the same having been compounded out of court. Can the Sessions Judge allow the prayer? [WBJS, 1998]

Question 10

Is an offence created by a special law compoundable? [MPJS 2013, WBJS, 1998]

Question 11

What is the law relating to the withdrawal of persons from prosecution? [MPHJS 2015, BIHAR J 1998]

Question 12

A is tried for an offence. During the trial, the Public Prosecutor wants to withdraw from prosecution against A even as some of the prosecution witnesses have already been examined. Can the Public Prosecutor withdraw from prosecution? Give reasons in support of your answer and also refer to the statutory provision in this regard, if any.

Question 13

A is tried for a certain offence. During the trial, the Public Prosecutor wants to withdraw from the prosecution of A. Can he withdraw from the prosecution of ‘A’ without the consent of the court? Give reasons in support of your answer and also refer to the relevant provision.

Question 14

A is alleged to have committed the murder of B. The cognizance against A is taken by the Chief Judicial Magistrate, and the case is transferred to a Magistrate of 1st class. The Public Prosecutor files an application before the concerned Magistrate of 1st class, who is a committing Magistrate also, for withdrawal from prosecution.

The committing Magistrate gives consent for such withdrawal. Is the consent given by the Magistrate valid in the case of an offence (murder) which is exclusively triable by a Sessions Judge? Give reasons in support of your answer and also refer to the case law, if any, on this point.

Question 15

A is prosecuted for the offence of murder. Before the pronouncement of judgment, the Public Prosecutor seeks permission from the Sessions Judge for withdrawal from prosecution. Is the Sessions Judge bound to give consent to the Public Prosecutor for withdrawal from prosecution under Section 321? Give reasons for your answer and also refer to case laws, if any, on this point.

Criminal Procedure; Notes, Case Laws And Study Material

Question 16

A files a complaint petition before the Chief Judicial Magistrate against B. The C.J.M. takes cognizance against B. During the trial (before pronouncement of judgment) A wants to withdraw from prosecution against B by invoking the provision made in Section 321, Cr.P.C. Can he do so? Give reasons for your answer.

Question 17

A prosecutes B as a private party for voluntarily causing hurt to him. In this regard A files a complaint petition before the Chief Judicial Magistrate. The C.J.M. takes cognizance. During the trial, the Public Prosecutor wants to withdraw from prosecution under Section 321. Can he do so? Give reasons and refer to the case law.

Question 18

State the procedure to be adopted by a Magistrate who is not so competent but who is of opinion that the case he is hearing ought to be committed.

Question 19

Describe the procedure to be adopted by a Magistrate when after the commencement of inquiry or trial he finds that the case should be committed.

Question 20

State the procedure when a Magistrate cannot pass a sentence sufficiently severe.

Question 21

What is meant by an Open Court?

Question 22

State the procedure to be adopted when the accused is a lunatic (of unsound mind).

Question 23

Can a person of unsound mind, in relation to whom any investigation or trial is pending, be released.

Question 24

What is the distinction between the provisions of Sections 340 and 344 of Cr.P.C. relating to the offence affecting the administration of justice?

Question 25

What is judgment under Cr.P.C? What are the essentials to be incorporated in the judgment discuss? [UPCJ 2016]

Question 26

What will be the language and contents of judgment?

Question 27

Discuss the constitutional validity of clause (5) to Sec. 354.

Question 28

Enumerate the contents of a Metropolitan Magistrate’s Judgment.

Question 29

Under what circumstances is a court entitled to make an order to pay compensation? [UPAPO 2002]

Question 30

Discuss the provisions of Cr. P.C. regarding the victim compensation scheme.

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Criminal Procedure; Notes, Case Laws And Study Material