Criminal Procedure Test - I

Option (1) is incorrect: Section 395 of the CrPC provides reference to the High Court.
Option (2) is correct: Section 401 of the CrPC provides the High Court's powers of revision.
Option (3) is incorrect: Section 399 of the CrPC deals with Sessions Judge's powers of revision.
Option (3) is incorrect: Section 396 of the CrPC states disposal of a case according to the decision of the High Court.

Option (1) is incorrect: Section 40 of the CrPC deals with duty of officers employed in connection with the affairs of a village to make certain report.
Option (2) is correct: Section 2(n) of the CrPC defines the term 'offence'.
Option (3) is incorrect: Section 2(w) of the CrPC defines 'summons case'.

Option (1) is correct: Under Section 320(8) of the Code of Criminal Procedure, the composition of an offence shall have the effect of an acquittal of the accused with whom the offence has been compounded.

Option (1) is incorrect: Section 164 of the Code of Criminal Procedure deals with both confessions and statements made during the course of investigation.
Option (2) is incorrect: Section 164 of the Code of Criminal Procedure deals with both confessions and statements made during the course of investigation.
Option (3) is correct: Section 164 of the Code of Criminal Procedure deals with both confessions and statements made during the course of investigation.
Option (4) is incorrect: Section 164 of the Code of Criminal Procedure deals with both confessions and statements made during the course of investigation. 

Before being summoned, the accused has got a right to participate in the proceeding.

Option (1) is correct: Offences against other laws (except IPC), if punishable with imprisonment for 3 years or more, but not more than 7 years, are deemed as cognizable and non-bailable.

Option (1) is incorrect: No such provision
Option (2) is incorrect: No such provision

Option (1) is incorrect: Executive Magistrate cannot give distribute business among the Subordinate Judicial Magistrates.

Option (1) is incorrect: Wife who has her own source of income cannot claim maintenance under Section 125 of the CrPC.
Option (2) is correct: Under Section 125(1)(b), a legitimate or illegitimate minor child, whether married or not, and unable to maintain himself/herself, can claim maintenance.
Option (3) is incorrect: Stepson or daughter cannot claim maintenance under Section 125 of the CrPC.
Option (4) is incorrect: Brother and sister cannot claim maintenance under Section 125 of the CrPC.

Option (1) is correct: Under Section 262 of the CrPC, no sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under summary trial.
Option (2) is incorrect: No such provision.
Option (3) is incorrect: No such provision.
Option (4) is incorrect: No such provision.

Option (1) is correct: Power to recall any witness(es) under Section 311 of the CrPC can be exercised at any stage of any inquiry, trial or other proceedings under this code.
Option (2) is incorrect: No such provision
Option (3) is incorrect: No such provision
Option (4) is incorrect: No such provision

Option (1) is incorrect: A complaint may relate to both cognizable and non-cognizable offences.
Option (2) is incorrect: A complaint may relate to both cognizable and non-cognizable offences.
Option (3) is correct: A complaint may relate to both cognizable and non-cognizable offences.
Option (4) is incorrect: No such provision

Option (1) is incorrect: An accused can be a witness.
Option (2) is incorrect: An accused can be compelled to give his own evidence generally.
Option (3) is correct: Under the provision of Section 315, an accused shall not be called as a witness, except on his own request in writing.
Option (4) is incorrect: Neither (1) nor (2)

Option (1) is incorrect: No such provision
Option (2) is correct: The appeal against an order of acquittal passed by the Court of Judicial Magistrate of First Class shall always lie to the Court of Session.
Option (3) is incorrect: No such provision
Option (4) is incorrect: No such provision

Option (1) is incorrect: Trial in wrong place doesn’t vitiate itself till it causes failure of justice.

Option (1) is incorrect: Wife earning herself cannot claim maintenance from her husband under Section 125 of the CrPC.
Option (2) is correct: Under Section 125(4) of the Code of Criminal Procedure, if a wife is living separately by mutual consent, she cannot claim maintenance from her husband.
Option (3) is incorrect: Wife, under Section 125, defined as woman, who has been divorced by her husband or has obtained divorce and has not remarried.
Option (4) is incorrect: Wife, under Section 125, defined as woman, who has been divorced by her husband or has obtained divorce and has not remarried.

Option (1) is incorrect: Not only to add but also to alter the charge.
Option (2) is incorrect: Not only to alter but also to add the charge.
Option (3) is incorrect: To alter or add to any charge at any time before judgement is pronounced.
Option (4) is correct: To alter or add to any charge at any time before judgement is pronounced.

Option (1) is incorrect: No such provision
Option (2) is incorrect: No such provision
Option (3) is correct: The court may alter or add to any charge any time before the judgement is pronounced.

Option (1) is correct: Section 29(3) of the Code of Criminal Procedure states that the Court of a Magistrate of Second Class may pass a sentence of imprisonment for a term not exceeding one year or of fine not exceeding one thousand rupees or of both.
Option (2) is incorrect: The Court of a Magistrate of Second Class cannot impose a fine exceeding one thousand rupees.  
Option (3) is incorrect: The Court of a Magistrate of Second Class cannot impose a fine exceeding one thousand rupees.  
Option (4) is incorrect: The Court of a Magistrate of Second Class cannot impose a fine exceeding one thousand rupees. 

Option (1) is incorrect: Offence can be compounded.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: <span style="font-family:" arial;="" font-size:="" small;="">Offence can always be compounded by the party to suit or their legal representatives.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: <span style="font-family:" arial;="" font-size:="" small;="">Cannot compound without the consent of court.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is correct: <span style="font-family:" arial;="" font-size:="" small;="">Under Section 320(4)(2) of the<span style="font-family:" arial;="" font-size:="" small;=""> <span style="font-family:" arial;="" font-size:="" small;="">CrPC,<span style="font-family:" arial;="" font-size:="" small;=""> w<span style="font-family:" arial;="" font-size:="" small;="">hen the person who would otherwise be competent to compound an offence under Section 320 is dead, the legal representative of such person may, with the consent of the court, compound such offence.