Miscellaneous MCQ Quiz in मराठी - Objective Question with Answer for Miscellaneous - मोफत PDF डाउनलोड करा

The correct option is Section 167.

Key Points

• Legal Provisions of Section 167 of the Code of Criminal Procedure of 1973 is related to the procedure when an investigation cannot be completed in twenty-four hours:-
  • This section lays down the procedure to be adopted when the investigation against an accused person cannot be completed within 24 hours of his arrest and there are grounds for believing that the accusations against him are well founded.

• The provisions of section 167 are attracted under the following conditions:-
  1. When the accused is arrested without a warrant and is detained by a police officer in his custody.
  2. It appears that more than 24 hours will be needed for his investigation. 
  3. There are grounds to believe that the accusation or information against him is well founded. 
  4. The officer-in-charge of the police station or the investigating officer not below the rank of sub-inspector forwards the accused for remand before a Magistrate.
• The Judicial Magistrate may either refuse to detain him or he may direct his detention in police custody or judicial custody.
• The police can interrogate the accused even after his remand to judicial custody.
• A new sub-section (2-A) has been inserted in section 167 by the CrPC Amendment Act of 1978 which provides that where a Judicial Magistrate is not available, the accused along with a copy of the entries in the case diary should be sent to the nearest Executive Magistrate on whom the powers of a Judicial Magistrate or Metropolitan Magistrate have been conferred.
• The provisions of Section 167 are not to be invoked where the accusation or information is not well founded or where the investigation can be completed within 24 hours.
• The Executive Magistrate may authorise detention of the accused in custody for not more than 7 days.

The correct option is Option 1.

Key Points

• In the Indian Constitution, criminal procedure is included in the Concurrent List.
• Seventh Schedule of the Constitution:
  • This schedule divides the powers and responsibilities between the Union (central government) and the states in the form of three lists -
    1. Union List
    2. State List
    3. Concurrent List
• The Concurrent List contains subjects on which both the Parliament and the State Legislatures can legislate.
• Criminal procedure is one such subject where both the central government (through Parliament) and state governments (through State Legislatures) have the authority to make laws.
• It is also called the Residuary List and includes subjects that are not explicitly mentioned in either the Union List or the State List.
• Article 246 of the Indian Constitution is related to the distribution of legislative powers between the Parliament of India and the State Legislatures.
  • Article 246 is divided into three lists:
    • Union List (List I):
      • It contains subjects on which only the Parliament can legislate.
      • These subjects are of national importance.
    • State List (List II):
      • It contains subjects on which only the State Legislatures can legislate.
      • These subjects are of local or regional importance.
    • Concurrent List (List III):
      • It contains subjects on which both the Parliament and the State Legislatures can legislate.
      • But in case of a conflict, the law made by the Parliament prevails.
• Article 246 also contains a clause called the Residuary Powers Clause (Clause 2):
  • It states that any matter not explicitly mentioned in any of the three lists will fall under the residuary powers of the Parliament.

The correct option is Option 1.

Key Points

• Section 482 of the Code of Criminal Procedure provides the inherent powers of the High Court:
  • To make orders necessary to give effect to any order under the CrPC.
  • To prevent abuse of the process of any court.
  • To secure the ends of justice.
• This section is often invoked for quashing criminal proceedings or FIRs (First Information Reports) in appropriate cases.
• The High Court may exercise these powers either suo motu (on its motion) or on the application of any party.
• The key objective is to ensure that the legal process is not misused for wrongful or vexatious prosecution.
• The inherent powers under Section 482 are discretionary and the court uses them cautiously and judiciously.

The correct option is Option 2.

Key Points

• The incorrect response in the light of the Code of Criminal Procedure of 1973 is that inquiry is conducted after the framing of the charge.
• In the criminal procedure, an inquiry is conducted before the framing of charges.
• An inquiry precedes the framing of charges.
• The sequence is typically as follows:
  1. Registration of the FIR (First Information Report).
  2. Investigation by the police.
  3. Submission of a police report to the Magistrate.
  4. Inquiry by the Magistrate (before the framing of charges).
  5. Framing of charges (if the case is to proceed to trial).

Explanation - S. 428 - Period of detention undergone by the accused to be set off against the sentence of imprisonment - Where an accused person has, on conviction, been sentenced to imprisonment for a term , not being imprisonment in default of payment of fine, the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him. Provided that in cases referred to in section 433A, such period of detention shall be set off against the period of fourteen years referred to in that section

Explanation- When the law gives anything to anyone, it also gives all those things without which the thing itself would be unavoidable. Amit Kapoor v. Ramesh Chander, (2012) Section 482 just states that the High Court has inherent powers for the purposes listed in the section; it does not grant any new powers. Procedural law occasionally has gaps, so this part has been written to address those gaps wherever they are encountered. The use of extraordinary powers conferred upon the High Court under this section are however required to be reserved, as far as possible, for extraordinary cases.

Explanation- A provision of law deciding the jurisdiction of the Civil Court must be strictly construed. The onus lies on the party, seeking to oust the jurisdiction, to establish the same. Section 151 of the CPC, which deals with the “Saving of inherent powers of Court,” ensures that nothing in the CPC can limit or interfere with the inherent power of the Court to issue orders that are necessary for the interests of justice or to prevent misuse of the legal process. As these provisions are provided in the code of civil procedure hence, they stand true and none among them is wrong. 

Explanation: Inherent Powers under Section 482 can only be exercised under the three circumstances i.e., (a) to give effect to any order under the Code, (b) to prevent the abuse of process of any court and (c) otherwise secure the ends of justice. It cannot be used to override the statutory provisions of law.  

The correct answer is S. R. Sukumar V/s S. Sunaad Raghuram

Key Points 

• The Supreme Court's decision in the S.R. Sukumar case is significant because it allows for greater flexibility in the amendment of criminal complaints. This can help to ensure that accused persons are not denied justice due to technical errors in the complaint. The Court's decision is also based on the important principle of doing substantial justice between the parties.

Guidelines:-

• The Supreme Court of India ruled that amendments to criminal complaints are permissible even though there is no specific provision in the Code of Criminal Procedure (CrPC) to amend a complaint filed under the CrPC.
• This ruling is based on the principle of doing substantial justice between the parties and ensuring that the accused is not prejudiced by any technical defects in the complaint.
• An amendment to a criminal complaint is permissible if it is sought to cure a simple infirmity that can be cured by means of a formal amendment and does not cause any prejudice to the other side.
• The amendment should be allowed at any stage of the proceedings, even after the taking of cognizance, if it is in the interest of justice.