Criminal Procedure Test - II

Option (1) 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 (2) is correct: 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 (3) is incorrect: No limitation period for taking cognizance is mentioned under the Code of Criminal Procedure, if the offence is punishable by more than three years.
Option (4) is incorrect: No limitation period for taking cognizance is mentioned under the Code of Criminal Procedure, if the offence is punishable by more than three years.

Option (1) is correct: Under Section 107 of the Code of Criminal Procedure, when an Executive Magistrate receives information that any person is likely to commit a breach of peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of peace or disturb the public tranquillity, require such person to execute a bond with or without sureties for keeping the peace for such period, not exceeding one year.
Option (2) is incorrect: No such provision of two years under the Code of Criminal Procedure.
Option (3) is incorrect: No such provision of three years under the Code of Criminal Procedure.
Option (4) is incorrect: No such provision of six months under the Code of Criminal Procedure.

Option (1) is incorrect: Section 461 of the Code of Criminal Procedure deals with irregularities, which vitiate proceedings if the magistrate is not empowered to do so and to issue a search warrant under Section 94 of the CrPC by a magistrate, who is not authorised, does not come under this section.
Option (2) is incorrect: To hold an inquest under Section 176 of the CrPC does not come under Section 461.
Option (3) is correct: If a magistrate tries an offender summarily, who is not authorised to do so, will vitiate proceedings under Section 461.
Option (4) is incorrect: To tender a pardon under Section 306 of the CrPC does not come under Section 461.

Option (1) is incorrect: Section 154 of the Code of Criminal Procedure deals with the process of taking information of a cognizable offence.
Option (2) is incorrect: Section 156 of the Code of Criminal Procedure talks about the police officer's power to investigate a cognizable case.
Option (3) is incorrect: Section 159 of the Code of Criminal Procedure deals with the magistrate’s power to hold investigation and preliminary enquiry.
Option (4) is correct: Under Section 157 of the Code of Criminal Procedure, if from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence, which he is empowered to investigate under Section 156, he shall forthwith send a report of the same to a magistrate empowered to take cognizance of such offence upon a police report. 

Option (1) is incorrect: No such provision is provided under the Code of Criminal Procedure.
Option (2) is incorrect: Under Section 438(3) of the Code of Criminal Procedure, if such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time, while in the custody of such officer to give bail, he shall be released on bail.
Option (3) is correct: Under Section 438(3) of the Code of Criminal Procedure, if such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, he shall be released on bail.
Option (4) is incorrect: Code of Criminal Procedure does not provide any provision of three days.

Option (1) is incorrect: It has an effect of acquittal, not conviction.
Option (2) is incorrect: It has an effect of acquittal, not conviction.
Option (3) is correct: Under Section 320(8) of the Code of Criminal Procedure, the composition of an offence under this section shall have the effect of acquittal of the accused with whom the offence has been compounded.
Option (4) is incorrect: It has an effect of acquittal, not conviction.

Option (1) is correct: Under Section 468(2) of the Code of Criminal Procedure, the period of limitation for taking cognizance, where the offence is punishable with fine only, 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 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 (1) is correct: Section 29(2) of the Code of Criminal Procedure says that the Court of a Magistrate of the first class may pass a sentence of imprisonment for a term, not exceeding three years or of fine not exceeding five thousand rupees or of both.
Option (2) is incorrect: No such provision of five years.
Option (3) is incorrect: No such provision of seven years.
Option (4) is incorrect: No such provision of four years.

Option (1) is correct: Definition provided under Section 2(1) of the Code of Criminal Procedure, a 'bailable offence' means an offence which is shown as bailable in the First Schedule.
Option (2) is incorrect: All cases of summons trial are not only bailable offences.
Option (3) is incorrect: All non-cognizable offences are not bailable.
Option (4) is incorrect: No such provision is provided under the CrPC.

Option (1) is incorrect: A magistrate cannot forward the case directly to the Sessions Court.
Option (2) is correct: Under Section 325 of the Code of Criminal Procedure, whenever a magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind or more severe than that which such magistrate is empowered to inflict, he may record the opinion and submit his proceedings, and forward the accused to the Chief Judicial Magistrate to whom he is subordinate.

Option (1) is incorrect: No such provision under the Code of Criminal Procedure.
Option (2) is incorrect: No such provision under the Code of Criminal Procedure.
Option (3) is correct: Section 29 of the Code of Criminal Procedure says that the court of a Chief Judicial Magistrate may pass any sentence authorised by law, except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
Option (4) is incorrect: No such provision under the Code of Criminal Procedure.

Option (1) is correct: Under Section 155(4) of the Code of Criminal Procedure, where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.
Option (2) is incorrect: It is not considered as a non-cognizable case.
Option (3) is incorrect: There is no provision under the Code of Criminal Procedure to look into whether it is a warrant case. It is always taken as a cognizable case.
Option (4) is incorrect: There is no provision under the Code of Criminal Procedure to look into whether it is a summons case. It is always taken as a cognizable case.

Option (1) is incorrect: No such provision of ten days under the Code of Criminal Procedure.
Option (2) is correct: As provided under Section 167(2), when an investigation cannot be completed within 24 hours, the largest period for which an accused can be remanded to police custody is fifteen days.
Option (3) is incorrect: No such provision of thirteen days under the Code of Criminal Procedure.
Option (4) is incorrect: No such provision of thirty days under the Code of Criminal Procedure.

Option (1) is incorrect: Under Section 362 of the Code of Criminal Procedure, no court shall alter when it has signed its judgement or final order disposing of a case.
Option (2) is incorrect: Under Section 362 of the Code of Criminal Procedure, no court shall review the same when it has signed its judgement or final order disposing of a case.
Option (3) is correct: Under Section 362 of the Code of Criminal Procedure, no court, when it has signed its judgement or final order disposing of a case, shall alter or review the same, except to correct a clerical or arithmetical error and the retrial of the case.
Option (4) is incorrect: No court may begin retrial of the case when it has signed its judgement or final order disposing of a case.

Option (1) is incorrect: No provision under the Code of Criminal Procedure.
Option (2) is incorrect: Withdrawal is always by the Public Prosecutor or Assistant Public Prosecutor in charge of a case.
Option (3) is correct: Under Section 321 of the Code of Criminal Procedure, the Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the court, at any time before the judgement is pronounced, withdraw from the prosecution of any person.
Option (4) is incorrect: No provision under the Code of Criminal Procedure for the aggrieved persons to withdraw the case.

Option (1) is incorrect: Discharge is during trail procedure.
Option (2) is incorrect: Acquittal is also during trial procedure.
Option (3) is incorrect: When an investigation is not completed within the prescribed period, then bail can be granted only by the concerning magistrate.
Option (4) is correct: Under Section 167(2) of the CrPc, when an investigation is not completed within the prescribed period of 90 days or 60 days, as the case may be, and the accused is in custody on expiry of the said period, the accused is entitled to be released on bail if he is prepared to and does furnish bail.

Option (1) is incorrect: Acquittal or conviction is always on merits in all cases, i.e. after hearing the accused.
Option (2) is correct: No conviction can be made without giving an opportunity to the accused or without hearing the accused. 
Option (3) is incorrect: It is required always before the magistrate finds the accused guilty. 
Option (4) is incorrect: It is a mandatory provision for the court.

Option (1) is incorrect: Under Section 468(2) of the Code of Criminal Procedure, the period of limitation for taking cognizance, if the offence is punishable with fine only, 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 correct: 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. Defamation is an offence punishable with an imprisonment of two years or fine or both.
Option (4) is incorrect: Limit is prescribed under Section 468(2) of the Code of Criminal Procedure, where the offence is punishable with imprisonment for a term exceeding one year, but not exceeding three years.

Option (1) is incorrect: No such provision of 7 years under the Code of Criminal Procedure.
Option (2) is correct: Under Section 24 of the Code of Criminal Procedure, the Central Government or the State Government may appoint an advocate who has been in practice for not less than ten years as a Special Public Prosecutor.
Option (3) is incorrect: No such provision of 15 years under the Code of Criminal Procedure.
Option (4) is incorrect: No such provision of 5 years under the Code of Criminal Procedure.

Option (1) is incorrect: FIR made under Section 154 of the Code of Criminal Procedure cannot be used as a substantive piece of evidence.
Option (2) is incorrect: FIR is an initial process to start an investigation of an offence.
Option (3) is correct: An FIR is just to inform the police about an offence, but this information or statement by the informant cannot be used as evidence or previous statement for any purpose in further proceedings of a case.