Criminal Procedure Test - III

Option (1) is incorrect: It is in the case of a cognisable offence.
Option (2) is correct: Under Section 2(l), a non-cognisable offence means a police officer has no authority to arrest without a warrant.
Option (3) is incorrect: No such provision is there in the CrPC.
Option (4) is incorrect: The Indian Penal Code has prescribed a list of cognisable and non-cognisable offences. It is not the discretion of a police officer. 

Option (1) is incorrect: Section 207 deals with supply to the accused, a copy of police report and other documents.
Option (2) is correct: Section 206 deals with special summons in cases of petty offences.
Option (3) is incorrect: Section 210 deals with the procedure to be followed when there is a complaint case and police investigation in respect of the same offences.

Option (1) is incorrect: Either compoundable or not.

Option (1) is incorrect: Under Section 125 of the CrPC, a divorced wife and can claim maintenance.
Option (2) is incorrect: If a wife is unable to maintain herself, she can claim maintenance under Section 125.
Option (3) is incorrect: If a wife refused to live with her husband on the ground that he keeps a mistress, she can claim maintenance under Section 125.
Option (4) is correct: Under Section 125(5) of the CrPC, no wife shall be entitled to receive an allowance for the maintenance from her husband under this Section if she is living in adultery.

Option (1) is incorrect: Information under Section 154 of the CrPC can be given orally or in writing.
Option (2) is incorrect: Under Section 154, an officer under the direction of an officer in charge of a police station reduced into writing all the information given by the informant in relation to the commission of a cognizable offence.
Option (3) is incorrect: Information given by the informant shall be signed by him as provided under Section 154 of the CrPC.
Option (4) is correct: A copy of information shall be given free of cost to the informant as provided under Section 154 of the Code of Criminal Procedure.

Option (1) is incorrect: A District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons to be appointed as the Public Prosecutor for the district.
Option (2) is incorrect: The High Court doesn’t prepare a panel of names of persons who are fit to be appointed as the Public Prosecutor for a district.
Option (3) is correct: Under Section 24(4) of the Code of Criminal Procedure, a District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion, fit to be appointed as the Public Prosecutor for the district.
Option (4) is incorrect: The Superintendent of Police has no authority to prepare a panel of names of to be appointed as the Public Prosecutor for a district.

Option (1) is incorrect: No police officer shall detain in custody a person arrested without warrant for a period longer than 24 hours.
Option (2) is incorrect: No police officer shall detain in custody a person arrested without warrant for a period longer than 24 hours.
Option (3) is correct: Under Section 57 of the Code of Criminal Procedure, no police officer shall detain in custody a person arrested without warrant for a period longer than 24 hours, exclusive of the time necessary for the journey from the place of arrest to the magistrate's court.
Option (4) is incorrect: No police officer shall detain in custody a person arrested without warrant for a period longer than 24 hours.

Option (1) is incorrect: Minimum limitation period under the Code of Criminal Procedure is six months.
Option (2) is incorrect: Under Section 468(2) of the Code of Criminal Procedure, the period of limitation for taking cognizance is one year if the offence is punishable with imprisonment for a term, not exceeding one year.
Option (3) is incorrect: Under Section 468(2) of the Code of Criminal Procedure, the period of limitation for taking cognizance is three years if the offence is punishable with imprisonment for a term exceeding one year, but not exceeding three years.
Option (4) is correct: The Code of Criminal Procedure doesn’t provide any provision of period of limitation to take cognizance of an offence punishable for a term more than three years.

Option (1) is correct: Under Section 2(w), summons case means a case relating to an offence, and not being a warrant case.
Option (2) is incorrect: No such provision of summons case.
Option (3) is incorrect: Summons cases does not only deal with theft cases.
Option (4) is incorrect: No such provision in the CrPC.

Option (1) is incorrect: Arrest can be made beyond the jurisdiction of the concerned police station.
Option (2) is incorrect: Arrest can be made beyond the jurisdiction of a district.
Option (3) is incorrect: Arrest can be made beyond the jurisdiction of a state.

Option (1) is incorrect: The Magistrate is competent to arrest the culprit himself.
Option (2) is correct: Section 155(2) of the CrPC states that when any offence is committed in the presence of a magistrate, whether executive or judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender.
Option (3) is incorrect: The Magistrate can arrest himself or can direct any person or police authority to arrest the culprit.
Option (4) is incorrect: The Magistrat,e whether has to try that case or not, can arrest the culprit.

Option (1) is incorrect: Under Section 438(3) of the Code of Criminal Procedure, the jurisdiction to grant bail vests with either the High Court or the Court of Session.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect:<span style="font-family:" arial;="" font-size:="" small;=""> Under Section 438(3) of the Code of Criminal Procedure,<span style="font-family:" arial;="" font-size:="" small;=""> the j<span style="font-family:" arial;="" font-size:="" small;="">urisdiction to grant bail vests with either the High Court or the Court of Session.

Option (1) is incorrect: Only the Magistrate having jurisdiction to try the case can grant permission to investigate into a non-cognizable offence.

Option (1) is incorrect: The Court of Session cannot take direct cognizance without commitment.
Option (2) is correct: Under Section 193 of the CrPC, except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a court of original jurisdiction unless the case has been committed to it by a magistrate under this Code.
Option (3) is incorrect: The CrPC doesn’t provide any such provision while taking cognizance by the Court of Session.
Option (4) is incorrect: The Court of Session cannot take direct cognizance even if challan put up by the SP.

Option (1) is incorrect: Under Section 482 of the CrPC, the High court cannot set aside or modify any condition imposed by a magistrate while releasing any person on bail.
Option (2) is correct: Under Section 439 of the CrPC, the High Court and the Court of Session have special powers regarding bail. Under Section 439(1)(2) of the CrPC, the High Court and the Court of Session can set aside or modify any condition imposed on a person while releasing on bail.
Option (3) is incorrect: Section 465 of the CrPC deals with finding or sentence when reversible by reason of error, omission or irregularity.
Option (4) is incorrect: Under Section 439(1)(2) of the CrPC, the High court and the Court of Session can set aside or modify any condition imposed on a person while releasing on bail.

Option (1) is incorrect: Section 311A doesn’t deal with summoning material witness.

Option (1) is incorrect: Every Criminal Court doesn’t have inherent powers.
Option (2) is incorrect: The Supreme Court is the highest court of law. The Supreme Court has original powers that lie with it.
Option (3) is incorrect: Under Section 482 of the Code of Criminal Procedure, inherent powers lie with the High Court only.
Option (4) is correct: Under Section 482 of the Code of Criminal Procedure, inherent powers lie with the High Court only.

Option (1) is correct: Under Section 87 of the CrPC, the court may issue a summons for the appearance of any person, issue, after recording its reasons in writing a warrant for his arrest.

Option (1) is correct: Under Section 262 of the CrPC, the sentence of imprisonment shall not exceed three months in the case of any conviction under summary trial.
Option (2) is incorrect: No such term is mentioned in the CrPC under summary trial.
Option (3) is incorrect: No such term is mentioned in the CrPC under summary trial.
Option (4) is incorrect: No such term is mentioned in the CrPC under summary trial.

Option (1) is correct: Under Section 125(1) of the CrPC, if any person having sufficient means neglects or refuses to maintain his wife, his legitimate or illegitimate minor child, his legitimate or illegitimate child (not being a married daughter) who has attained majority, his father or mother unable to maintain himself or herself can apply under Section 125 of the CrPC.
Option (2) is incorrect: Not only wife, even his legitimate or illegitimate minor child, his legitimate or illegitimate child (not being a married daughter) who has attained majority, his father or mother unable to maintain himself or herself can get relief under Section 125 of the CrPC.
Option (3) is incorrect: Not only wife, even his legitimate or illegitimate minor child, his legitimate or illegitimate child (not being a married daughter) who has attained majority, his father or mother unable to maintain himself or herself can get relief under Section 125 of the CrPC.
Option (4) is incorrect: Section 125 of the CrPC talks about maintenance.