Provisions As To Offences Affecting The Administration Of Justice MCQ Quiz - Objective Question with Answer for Provisions As To Offences Affecting The Administration Of Justice - Download Free PDF

The correct answer is Option 3.

Key Points

Section 340Section 340 of the CrPC deals with the procedure for complaints and the powers of the Magistrate in cases where it appears to the court that an offense has been committed that affects the administration of justice. The relevant portion of Section 340 is as follows:

Procedure in cases mentioned in section 195.

(1) When upon an application made to it in this behalf or otherwise any Court is of the opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in section 195, subsection (1), clause (b) or clause (c), which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,--

(a) record a finding to that effect;

(b) make a complaint thereof in writing;

(c) send it to a Magistrate of the first class having jurisdiction;

(d) take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and

(e) bind over any person to appear and give evidence before such Magistrate.

In simple terms, if a court is of the opinion that an inquiry should be made into an offense affecting the administration of justice, it may:

1. Record a finding about the necessity of the inquiry.
2. Make a written complaint.
3. Send the complaint to a Magistrate of the first class having jurisdiction.
4. Take steps to ensure the appearance of the accused before such Magistrate.

Section 341 CrPC:

Section 341 CrPC deals with the procedure when a complaint is made against a person who is already discharged or acquitted. The Magistrate, upon receiving such a complaint, may:

If a complaint be made to any Magistrate authorized to take cognizance of an offence under section 340 or 341, the Magistrate shall,--

(a) proceed to hear the complaint; or

(b) if the complaint is in writing and upon a perusal thereof and examination of the complainant on oath, if such examination be required, he is satisfied that the complaint is frivolous or vexatious, dismiss the complaint, by an order in writing, stating his reasons for doing so.

The correct answer is Upto 6 months

Key Points

• Section 349 of the Code of Criminal Procedure, 1973 provides punishment for a person who refuses to answer a lawful question or produce a document when legally required by the court.
• The maximum punishment prescribed under this section is imprisonment for up to 6 months.

Additional Information

• Upto 1 year: Incorrect, exceeds the prescribed limit.
• Upto 3 years: Incorrect, far beyond the maximum prescribed.
• Upto 7 days: Incorrect, too short compared to the law.

The correct answer is Option 3.

Key Points

Section 340Section 340 of the CrPC deals with the procedure for complaints and the powers of the Magistrate in cases where it appears to the court that an offense has been committed that affects the administration of justice. The relevant portion of Section 340 is as follows:

Procedure in cases mentioned in section 195.

(1) When upon an application made to it in this behalf or otherwise any Court is of the opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in section 195, subsection (1), clause (b) or clause (c), which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,--

(a) record a finding to that effect;

(b) make a complaint thereof in writing;

(c) send it to a Magistrate of the first class having jurisdiction;

(d) take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and

(e) bind over any person to appear and give evidence before such Magistrate.

In simple terms, if a court is of the opinion that an inquiry should be made into an offense affecting the administration of justice, it may:

1. Record a finding about the necessity of the inquiry.
2. Make a written complaint.
3. Send the complaint to a Magistrate of the first class having jurisdiction.
4. Take steps to ensure the appearance of the accused before such Magistrate.

Section 341 CrPC:

Section 341 CrPC deals with the procedure when a complaint is made against a person who is already discharged or acquitted. The Magistrate, upon receiving such a complaint, may:

If a complaint be made to any Magistrate authorized to take cognizance of an offence under section 340 or 341, the Magistrate shall,--

(a) proceed to hear the complaint; or

(b) if the complaint is in writing and upon a perusal thereof and examination of the complainant on oath, if such examination be required, he is satisfied that the complaint is frivolous or vexatious, dismiss the complaint, by an order in writing, stating his reasons for doing so.