CrPC MCQ Quiz in मल्याळम - Objective Question with Answer for CrPC - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is Executive Magistrate.

Key Points

• Section 174 of the CrPC provides for the Police to enquire and report on suicide, etc.
• It states that —(1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear to have been inflicted.
  (2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub-divisional Magistrate.
  (3) When—
  (i) the case involves suicide by a woman within seven years of her marriage; or
  (ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or
  (iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or
  (iv) there is any doubt regarding the cause of death; or
  (v) the police officer for any other reason considers it expedient so to do, he shall], subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.
  (4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate. 

The correct answer is option 1.Key PointsSection 196 says no Court shall take cognizance of:

• Any offence punishable under Chapter VI or under section 153A, section 295A or section 505 (1) of the Indian Penal Code, or
• A criminal conspiracy to commit such offence, or
• Any such abetment, as is described in section 108A of the Indian Penal Code 1860,

except with the previous sanction of the Central Government or of the State Government.

Section 196 (1A) says No Court shall take cognizance of:

• Any offence punishable under section 153B or  section 505 (2) and (3) of the Indian Penal Code 1860, or
• A criminal conspiracy to commit such offence,

except with the previous sanction of the Central Government or of the State Government or of the District Magistrate. 

The correct answer is High Court.

Key Points

• Section 9 of the CrPC provides for the Court of Session.
• It states that -
  • The State Government shall establish a Court of Session for every sessions division.
  • Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
  • The High Court may also appoint Additional Sessions Judges and Assistant Session Judges to exercise jurisdiction in a Court of Session.
  • The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.
  • If the position of the Sessions Judge is empty, the High Court can assign urgent applications to be handled by either an Additional or Assistant Sessions Judge. If none are available, a Chief Judicial Magistrate in the sessions division can also take charge, and they will have the authority to address these applications.
  • The Court of Session usually sits where the High Court designates. However, in specific cases, if the Court believes it's more convenient for parties and witnesses, it can, with the consent of the prosecution and the accused, hold sittings at a different place within the sessions division.

The correct answer is Option 2.

Key Points Section 463. Non-compliance with provisions of section 164 or section 281.—

(1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 164 or section 281, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained in section 91 of the Indian Evidence Act, 1872 (1 of 1872), take evidence in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement.
(2) The provisions of this section apply to Courts of appeal, reference and revision.

The correct answer is Taking notice of the matter judicially

Key PointsCognizance literally means knowledge or notice, and taking cognizance of offence means taking notice, or becoming aware of the alleged commission of an offence.

The correct answer is option 3.Key Points

• Section 217 of Criminal Procedure Code 1973 deals with Recall of witnesses when charge altered.
• Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed:
  • (a) To recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice;
  • (b) Also to call any further witness whom the Court may think to be material.
• Section 311 of Criminal Procedure Code 1973 deals with  Power to summon material witness, or examine person present.
• Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.

The correct answer is option 4.Key Points

• Section 395 of Criminal Procedure Code 1973 Reference to High Court.
• (1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is Subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court.
• Explanation.—In this section, “Regulation” means any Regulation as defined in the General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act of a State.
• (2) A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case pending before it or him to which the provisions of sub-section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case.
• (3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may, pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon.

Additional Information

• Section​ 366 of Criminal Procedure Code 1973 deals with Sentence of death to be submitted by Court of Session for confirmation.
• Section​ 368 of Criminal Procedure Code 1973 deals with Power of High Court to confirm sentence or annul conviction.

The correct answer is option 2.Key Points

• Section 4 of Criminal Procedure Code 1973 deals with trial of offences under the Indian Penal Code and other laws.
• It states all offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions in Cr.P.C. 1973.
• All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner of place of investigating, inquiring into, trying or otherwise dealing with such offences.

The correct answer is option 2.Key Points

• Compounding of an offence is a mechanism whereby the defaulter is reprieved of major legal consequences by affording him with an opportunity to pay a sum of money to escape prosecution.
• The competent authority has the power to compound any offense either prior to or following the commencement of legal proceedings.
• Section 320 of Cr.P.C. provides that the offence can be compounded by the person or sometimes with the permission of the court.
• When an offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (when such attempt is itself an offence) or where the accused is liable under section 34 or 149 of the Indian Penal Code 1860 may be compounded in like manner.
• If a person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf may, with the permission of the Court, compound such offence.
• When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 of such person may, with the consent of the Court, compound such offence.
• When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
• Even a High Court or Court of Session acting in  revision under section 401 may allow any person to compound any offence which such person is competent to compound under this section.
• No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
• The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.