CODE OF CRIMINAL PROCEDURE, 1973

CHAPTER I
PRELIMINARY
[Sections 1-5]
1. What is the meaning of ‘tribal areas’ for the purpose of Section
1 of the Criminal Procedure Code?
(a) Municipal area of Shillong
(b) Municipal area of Mizoram
(c) Assam as prescribed in Para 20 of the Sixth Schedule of the
Constitution
(d) Arunachal Pradesh as prescribed by the Constitution
Ans. (c)[Bihar APO 2013]
*2. Which of the following is correct answer?
(i) Provisions of Cr.P.C. do not apply to the State of Jammu and
Kashmir
(ii) All provisions of Cr.P.C. not apply to the State of Nagaland.
Choose the correct answer:
(a) Only (i) is correct
(b) Only (ii) is correct
(c) Both (i) and (ii) are incorrect
(d) Both (i) and (ii) are correct
Ans. (a) [UJS 2014]
3. The provisions of Code of Criminal Procedure 1973, other than
those relating to Chapter VIII, X and XI, thereof shall not apply
in which of the following
(a) State of Tripura
(b) State of Assam
(c) State of Meghalaya
(d) State of Nagaland
Ans. (d) [UJS 2015
4. Warrant case means a case:
(a) In which a police officer cannot arrest without warrant
 (b) In which the court in the first instance, shall issue a warrant of arrest
against the accused
(c) Relating to an offence punishable with imprisonment for a term not
exceeding two years
(d) Relating to an offence punishable with death, imprisonment for life or
imprisonment for a term exceeding two years
Ans. (d)[MP PCS 1996, HPJ 2009,
UP HJS 2009]
5. Warrant case relates to an offence punishable with—
(a) More than one year imprisonment
(b) More than three years imprisonment
(c) Death penalty, life imprisonment or imprisonment more than two
years
(d) More than five years imprisonment
Ans. (c) [MP APO 2002,
MP APPO 2003]
6. Under the scheme of Code of Criminal Procedure, non-
cognizable offences are:
(a) public wrongs
(b) private wrongs
(c) both public and private wrongs
(d) none of the above
Ans. (b)[DU LLM Entrance 2015]
7. An offence punishable with punishment exceeding two years is
triable as
(a) Summon case
(b) warrant case
(c) both
(d) either (a) or (b)
Ans. (b) [DJS 2007]
8. “Summons Case” means a case relating to an offence,
punishable with:
(a) Death
 (b) Imprisonment for life
(c) Imprisonment for a term exceeding two years
(d) Imprisonment for a term not exceeding two years
Ans. (d) [HPJS 2007-I]
9. Which one of the following statements is correct?
The words and expressions, used but not defined in the Code of
Criminal Procedure, shall have the meaning assigned to them in
the
(a) Indian Penal Code
(b) Code of Civil Procedure
(c) The Limitation Act
(d) Indian Evidence Act
Ans. (a) [DAPP 2005]
10. An offence punishable with imprisonment for a term exceeding
two years relates to—
(a) Summon case
(b) Warrant case
(c) Either of the above two
(d) Neither of the above
Ans. (b) [UP APO 2002]
11. In certain cases any police officer
(a) cannot arrest any person without an order from a Magistrate and
without a warrant
(b) can arrest any person without an order from a Magistrate and
without a warrant
(c) without an order
(d) without a warrant
Ans. (b) [BJS 2000]
12. Complaint under section 2(D) can be
(a) Written
(b) Oral
(c) Written or Oral
(d) None of these
 Ans. (c) [HJS 2008]
13. Which statement is true:
(a) Summons case means a case which is not warrant case
(b) Summons case means a case through which security is not required
(c) Summons case means a case through in which offence of theft is
tried
(d) Summons case means a case in which only summons can be served
during trial
Ans. (a) [CJS 2003]
14. Inquiry under Criminal Procedure Code is conducted by—
(a) Magistrate only
(b) Police Officer
(c) Sessions Court
(d) Magistrate or Court
Ans. (d) [UP PCS 2003,
[Chhat ADPPO 2006]
15. Warrant case has been defined as a case relating to an offence
punishable with death, imprisonment for life or imprisonment
for a term:
(a) exceeding one year
(b) exceeding two years
(c) exceeding three years
(d) exceeding seven years
Ans. (b) [MPCJ 2006]
16. In a non-cognizable case, the police has the authority:
(a) To investigate and even arrest the accused without warrant
(b) To investigate into the offence but cannot arrest the accused without
warrant
(c) Neither to investigate without order of the Magistrate nor can arrest
the accused without warrant
(d) To arrest the accused without warrant but cannot investigate without
orders of the Magistrate
Ans. (c) [HPJS 2007-II]
17. Consider the following statements:
Bailable offence within the meaning of Criminal Procedure Code
means
1. An offence which is enumerated as bailable in the First
Schedule.
2. An offence which is made bailable by any other law for the
time being in force.
3. All other offences as stated in criminal law.
Which of the statements given above are correct?
(a) 1, 2 and 3
(b) 2 and 3
(c) 1 and 2 only
(d) 1 and 3 only
Ans. (c) [DAPP 2008]
18. Section 2(c) of the code of Criminal Procedure defines
(a) bailable offence
(b) non-bailable offence
(c) cognizable offence
(d) non-cognizable offence
Ans. (c) [UJS 2009]
19. Section 2(h) of the Code of Criminal Procedure defines the term
(a) Investigation
(b) Charge
(c) Inquiry
(d) Offence
Ans. (a) [UJS 2009]
20. Which of the following does not apply to cognizable offence:—
(a) The police can investigate only by the order of the Magistrate
(b) First information report can be lodged with the police
(c) Offences punishable with less than two years
(d) Offences punishable more than three years
(e) Both options (a) and (c)
 Ans. (e) [CJS 2008]
21. ‘Non-bailable offence’ implies an offence where:
(a) the accused cannot be released on bail
(b) grant of bail is discretionary with the court but the discretion has to
be exercised on well established principles for grant of bail
(c) the accused may be considered for grant of bail only after the trial in
the trial court begins
(d) only the High Court is empowered to grant bail
Ans. (b) [DAPP 2010]
22. Investigation, under the Code of Criminal Procedure 1973, is
conducted by:
(a) the police only
(b) both the police and the court
(c) the court only
(d) the police under the discretions of the Session’s Court or the High
Court
Ans. (a) [DAPP 2010]
23. Cognizable offence has been defined
(a) under Section 2(a)
(b) under Section 2(c)
(c) under Section 2(i)
(d) under Section 2(k)
Ans. (b) [HJS 2010]
24. Under which Section of Cr.P.C. cognizable offence has been
defined?
(a) Section 2(a)
(b) Section 2(c)
(c) Section 2(i)
(d) Section 2(1)
Ans. (b) [UJS 2010]
25. Cognizable offence means _______ .
(a) a serious offence
 (b) offence in which police officer may arrest without warrant
(c) session triable offences
(d) none of the above
Ans. (b) [MJS 2010]
26. Complaint may relate to:
(a) A cognizable offence
(b) A non cognizable offence
(c) Both (a) & (b) are correct
(d) Must be for a non-cognizable offence as the police has no power to
investigate such an offence.
Ans. (c) [HJS 2011]
27. Bailable offence means:
(a) Where to get bail is right
(b) Where to give bail is duty of the court
(c) Which is shown as bailable in the First Schedule of the Cr.P.C. or
under any other law for time being inforce
(d) None of the above
Ans. (c) [HPJS 2011]
28. What is not true with regard to ‘Complaint’ under Section 2(D)
of Cr. P.C.?
(a) It is made to Magistrate with a view to his taking action under the
code
(b) It is an allegation made orally or in writing
(c) That some person, whether known or unknown has com-mitted an
offence
(d) It includes a Police Report
Ans. (d) [APJS 2011]
29. Under which Section of the Criminal Procedure Code, the term
“Offence” has been defined?
(a) Section 40
(b) Section 2(n)
 (c) Section 2(m)
(d) Section 2(d)
Ans. (b) [UJS 2012]
30. In which of the following Sections of the CrPC the term
“investigation” has been defined?
(a) Section 2(h)
(b) Section 2(g)
(c) Section 3
(d) None of the above
Ans. (a) [UJS 2012]
31. Under which Section of the Code of Criminal Procedure 1973 the
term “offence” has been defined?
(a) Section 40
(b) Section 2(n)
(c) Section 2(w)
(d) None of the above
Ans. (b)[UP PCS CJ 2012]
32. The definition of the “victim” was incorporated in the Code of
Criminal Procedure by the Amendment Act of;
(a) 2009
(b) 2010
(c) 2011
(d) 2008
Ans. (a) [HJS 2013]
33. ‘Complaint’ means:
(a) any allegation made orally or in writing to a police officer
(b) any allegation made orally or in writing to a Magistrate to take action
against known or unknown person who has committed an offence
(c) Police Report
(d) Charge
Ans. (b) [HPJS 2013]
34. Summons case means case ……….
(a) Relating to an offence and not being a warrant case.
(b) Relating to an offence punishable with seven years
(c) Where summons are issued
(d) None of the above
Ans. (a) [AJS 2012]
35. Non-cognizable offence means ………………
(a) A police officer has no authority to arrest without warrant
(b) A police officer has authority to arrest without warrant
(c) A police officer may arrest but inform the higher authority afterwards
(d) None of the above
Ans. (a) [AJS 2012]
36. Which of the following is not correctly matched?
(a) Inquiry – Section 2(g)
(b) Judicial proceedings – Section 2(i)
(c) Police Station– Section 2(o)
(d) Pleader – Section 2(q)
Ans. (c) [UJS 2014]
37. Inquiry is conducted by
(a) Magistrate only
(b) Police officer only
(c) Session Court only
(d) Magistrate or court
Ans. (d) [UJS 2014]
38. Which of the following statements is/are true?
(a) Inquiry means every inquiry including a trial conducted under the
Code of Criminal Procedure by a magistrate or court.
(b) Inquiry means every inquiry other than a trial conducted under the
Code of Criminal Procedure by a magistrate or court.
(c) Investigation includes all the proceedings under the Code of Criminal
Procedure for the collection of evidence conducted by a magistrate.
(d) All of these
 Ans. (b) [DJS 2014]
39. Which Section of Cr.P.C. defines cognizable offence?
(a) Section 2(a)
(b) Section 2(b)
(c) Section 2(c)
(d) Section 2(d)
Ans. (c) [CJS 2014]
40. Under Section 2(L) of Cr.P.C. the “Non-cognizable
Case/Offence” means a case in which
(a) A Police Officer has authority to arrest without warrant
(b) A Police Officer has no authority to arrest without warrant
(c) A Police Officer above the rank of Dy. S.P. has power to arrest
without warrant
(d) None of above is correct
Ans. (b)[MP (CJ) JS 2014]
41. Which one of the following sections of Criminal Procedure Code,
1973 has defined the word ‘offence’?
(a) Section 2(f)
(b) Section 2(i)
(c) Section 2(n)
(d) Section 2(p)
Ans. (c)[UP PCS CJ 2015]
42. Complaint as defined under section 2(d) of the Criminal
Procedure Code, 1973 is concerned with
(a) Cognizable offence only
(b) Non Cognizable offence only
(c) Both (a) and (b)
(d) None of the above
Ans. (c)[UP PCS CJ 2015]
43. In which one of the following sections of the Criminal Procedure
Code, 1973 the ‘Cognizable Offence’ has been defined?
(a) Section 2(a)
 (b) Section 2(b)
(c) Section 2(c)
(d) Section 2(i)
Ans. (c)[UP PCS CJ 2015]
44. Which one of the following is not correct in respect of term
‘Victim’ under Section 2(wa) of the Code of Criminal Procedure?
(a) who suffers any loss
(b) who suffers any injury
(c) does not include guardian but legal heir
(d) includes guardian as well as legal heir
Ans. (c) [UJS 2016]
45. A warrant-case means:
(a) A case relating to an offence punishable with death, imprisonment for
life or imprisonment for a term exceeding six months
(b) A case relating to an offence punishable with death, imprisonment for
life or imprisonment for a term exceeding three years
(c) A case relating to an offence punishable with death, imprisonment for
life or imprisonment for a term exceeding five years
(d) A case relating to an offence punishable with death, imprisonment for
life or imprisonment for a term exceeding two years
Ans. (d) [CJS 2016]
46. As per Code of Criminal Procedure (Amendment) Act, 2008 (5 of
2009), w.e.f. 31.12.2009, which inserted clause (wa) in Section
2 in Cr.P.C. defining ‘victim’ as a person who has suffered any
loss or injury caused by reason of the act or omission for which
the accused person has been charged includes:
(a) victim’s guardian only
(b) victim’s guardian and legal heir
(c) victim’s neighbour
(d) victim’s close friend
Ans. (b) [PJS 2013]
47. Under the scheme of Criminal Procedure Code non-cognizable
offences are
(a) Private wrongs
(b) Public wrongs
(c) Both public and private wrongs
(d) None of the above
Ans. (a) [JJS 2016]
48. Warrant case as defined under Section 2(x) of the Criminal
Procedure Code, 1973 is a case relating to an offence
punishable with death, imprisonment for life or imprisonment
for a term exceeding
(a) 3 years
(b) 2 years
(c) 1 year
(d) 5 years but not less than two years
Ans. (b)[UP PCS CJ 2016]
49. Which of the following Sections of the Code of Criminal
Procedure, 1973 defines the term ‘judicial proceeding’?
(a) Section 2(i)
(b) Section 2(j)
(c) Section 2(k)
(d) Section 2(l)
Ans. (a) [BJS 2016]
50. Any proceeding during which evidence is taken on oath is
called:
(a) Inquiry
(b) Investigation
(c) Sworn statement
(d) Judicial proceeding
Ans. (d) [HADA 2016]
51. Non Cognizable offence means an offence where:
(a) police officer can arrest without warrant
 (b) police officer cannot arrest without warrant
(c) police officer can grant bail
(d) only court can grant bail
Ans. (b) [CJS 2016]
52. In case of cognizable offence, police has power to:
(a) Arrest only with warrants but to investigate without court order
(b) Arrest without warrants and to investigate without court order
(c) Arrest without warrants but to investigate only after court order
(d) Arrest only with warrants and to Investigate after court order
(e) None of these
Ans. (b) [PJS 2017]
53. Non cognizable offence means:
(a) A police officer has authority to arrest without warrant
(b) Police officer cannot arrest without warrant
(c) It depends on the discretion of the police officer
(d) On request of complainant arrest can be made
Ans. (b) [CJS 2003]
54. Section 2(x) of the Cr.P.C. defines warrant cases as those
punishable with imprisonment for a term exceeding:
(a) Two years
(b) Three years
(c) Five years
(d) Ten years
Ans. (a)[DU LLM Entrance 2012]
55. Which one of the following statements does not come under the
definition of ‘Complaint’ under section 2(d) of the Criminal
Procedure Code?
(a) Complaint is an oral or a written allegation
(b) It is to be made only to the Magistrate
(c) It is related to some person known or unknown who has committed
an offence
 (d) Police report made after investigation which discloses the
commission of a cognizable offence
Ans. (d) [DAPP 2008]
56. Consider the following statements:
1. Investigation is made by a police officer
2. The object of police investigation is to collect evidence
3. Investigation is a judicial proceeding
4. Investigation is not a judicial proceeding
Which of the statements given above are correct?
(a) 1, 2 and 3
(b) 1, 2 and 4
(c) 2, 3 and 4
(d) 1, 3 and 4
Ans. (b) [DAPP 2005]
57. “Summons case” means a case relating to an offence,
punishable with:—
(a) Imprisonment for life
(b) Imprisonment for a term of 10 years
(c) Imprisonment for a term exceeding two years
(d) Imprisonment for a term not exceeding two years
Ans. (d) [UP APP 2009]
58. ‘Inquiry’ under the Criminal Procedure Code, 1973 is to be
conducted by:—
(a) Police Officer
(b) Magistrate only
(c) Sessions Judge
(d) Magistrate or Court
Ans. (d)[MP APPO 2009]
59. ‘Warrant Case’ means a case relating to an offence, punishable
with:—
(a) more than three years imprisonment
 (b) more than five years imprisonments
(c) more than two years imprisonment or fine or both
(d) death, imprisonment for life or imprisonment for a term exceeding
two years
Ans. (d)[MP APPO 2009]
60. Which one of the following is not a judicial proceeding?
(a) Hearing by a judge
(b) Hearing by a person who is authorised to take evidence
(c) Hearing before an arbitrator
(d) Hearing by a magistrate
Ans. (c) [MP APPO 2009]
61. Definition of offence is given in:—
(a) Chapter-II of the Indian Penal Code, 1860
(b) Section 2(n) of the Criminal Procedure Code, 1973
(c) Section 3 of the Indian Evidence Act, 1872
(d) All of the above
Ans. (b)[MP APPO 2009]
62. Cognizable offence means an offence:—
(a) For which a police officer may arrest without warrant
(b) For which a police officer may arrest if warrant of arrest is issued
(c) For which a police officer above the rank of Sub-Inspector may arrest
(d) None of the above
Ans. (a)[MP APPO 2008]
63. Which one of the following proceedings is known as judicial
proceeding?
(a) Investigation
(b) Enquiry and Investigation
(c) Enquiry and Trial
(d) Trial and Investigation
Ans. (c) [MP APPO 2003]
64. ‘Non-cognizable’ case is defined in:—
 (a) Section 2(c) of Cr.P.C.
(b) Section 2(h) of Cr.P.C.
(c) Section 2(1) of Cr.P.C.
(d) Section 2(0) of Cr.P.C.
Ans. (c)[Chhat ADPPO 2008]
65. Inquiry is conducted by
(a) a magistrate only
(b) a police officer
(c) a judge
(d) a magistrate or a court
Ans. (d) [Jhar APP 2012]
66. Which of the following is not matched?
(a) Inquiry—Section 2(g) of Cr.P.C.
(b) Non-cognizable offence—Section 2(1) of Cr.P.C.
(c) Police report—Section 2(r) of Cr.P.C.
(d) Public prosecutor—Section 2(v) of Cr.P.C.
Ans. (d) [Jhar APP 2012]
67. The most essential ingredient of the ‘complaint’ is
(a) an allegation of wrongful act
(b) an allegation of a breach of right
(c) an allegation of some physical injury
(d) an allegation of an offence with a view to take action
Ans. (d) [Jhar APP 2012]
68. Under which section of the Code of Criminal Procedure, 1973
the term “Offence” has been defined?
(a) Section 40
(b) Section 2(n)
(c) Section 2(w)
(d) None of the above
Ans. (b) [UP APO 2011]
69. ‘Complaint’ means
 (a) a police report
(b) an allegation, oral or written to the police
(c) an allegation, oral or written to a Magistrate
(d) an allegation of the accused
Ans. (c) [PSJS 2012]
70. Which of the following has been specifically excluded from the
definition of complaint under section 2(d) of the Code of
Criminal Procedure, 1973?
(a) Protest petition
(b) Joint complaint
(c) Police report
(d) None of the above
Ans. (c) [UP HJS 2014]
71. In a cognizable offence a police officer:
(a) May arrest an accused without warrant
(b) Cannot arrest an accused without warrant
(c) Is not required to produce the accused before a Magistrate
(d) Can keep the accused in police custody without a remand order
Ans. (a) [HPJS 2007-I]
72. In a cognizable case the police will have powers to:
(a) investigate except the power to arrest without warrant
(b) investigate and power to arrest without warrant only after seeking
permission from the Magistrate
(c) Investigate including the power the arrest without warrant
(d) Investigate and arrest without warrant, only after informing the
Magistrate having jurisdiction to inquire into or try the offence
Ans. (c) [MPCJ 2006]
73. Permission to investigate into a non-cognizable offence can be
granted by a:
(a) Magistrate in any part of India
(b) Magistrate in any part of State
(c) Magistrate having jurisdiction to try the case
 (d) Session Judge
Ans. (c)[MPCJ 2006, HJS 2014]
74. Summon’s case means
(a) a case which is not a warrant case
(b) a case in which security is not required
(c) a case through which offence of theft is tried
(d) a case in which only summons can be served during trial
Ans. (a) [UP APO 2006,
UP APP 2006]
75. The stipulation that all offences under Indian Penal Code would
be tried according to the provisions in Code of Criminal
Procedure, is contained in which Section;
(a) 5
(b) 4
(c) 3
(d) 6
Ans. (b) [HJS 2013]
76. Non-cognizable offence means an offence wherein
(a) a police officer cannot arrest without warrant
(b) a police officer can arrest at his discretion
(c) a police officer has authority to arrest without warrant
(d) on request of complainant, arrest can be made
Ans. (a) [UP APO 2006]
77. The Code of Criminal Procedure, 1973 came into force on:
(a) 1st January, 1974
(b) 24th January, 1974
(c) 25th January, 1974
(d) 1st April, 1974
Ans. (d) [HPJS 2007-I]
78. The Code of Criminal Procedure, 1973 extends to:
(a) The whole of India
(b) The whole of India except the State of Jammu & Kashmir
 (c) The whole of India except the Union Territory of Pondicherry
(d) The whole of India except the State of Sikkim
Ans. (b) [HPJS 2007-II]
79. Assertion (A): Subject to some exceptions the provisions of the Code
of Criminal Procedure are not applicable to tribal areas in undivided
Assam.
Reason (R): These areas enjoy special status like the State of Jammu
and Kashmir.
Code:
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Ans. (c) [JCJ 2000]
80. The Code of Criminal Procedure (Amendment) Act, 2005 (No. 25
of 2005) received the assent of the President on:
(a) 21st July, 2005
(b) 23rd June, 2005
(c) 22nd August, 2005
(d) 20th September, 2005
Ans. (b) [UJS 2006]
81. Under Criminal Procedure Code, 1973, “Summons Case” means
a case relating to an offence
(a) Imprisonment for a term exceeding two years
(b) Punishable with death
(c) Imprisonment for life
(d) Imprisonment which may extend to two years
Ans. (d) [MPJS 2015]
82. Match List I with List II and give the correct answer by using
the codes:
List I List II
 (Definitions)(Sections of
Cr.P.C.)
(a) Complaint (i) Section 2(wa)
(b) Investigation(ii) Section 2(d)
(c) Inquiry (iii) Section 2(h)
(d) Victim (iv) Section 2(g)
Codes:
(a) (b) (c) (d)
(a) (iii) (ii) (iv) (i)
(b) (ii) (iii) (iv) (i)
(c) (iv) (i) (ii) (iii)
(d) (i) (ii) (iii) (iv)
Ans. (b) [HPJS 2016]
83. Non-cognizable offence means an offence wherein—
(a) a police officer cannot arrest without warrant
(b) a police officer can arrest at his discretion
(c) a police officer has authority to arrest without warrant
(d) on request of complainant, arrest can be made
Ans. (a) [UP APP 2006]
84. The Code of Criminal Procedure 1973, came into force on:—
(a) 1st July 1974
(b) 21st January 1973
(c) 1st April 1974
(d) 1st April 1973
Ans. (c)[Chhat ADPPO 2008]
85. The Code of Criminal Procedure (Amendment) Bill, 1994 was
passed by Lok Sabha on:—
(a) 4-5-1995
(b) 5-5-2005
(c) 23-6-2002
(d) 4-5-2005
Ans. (b)[Chhat ADPPO 2008]
86. From which date Criminal Procedure Code, 1973 came into
effect?
(a) 15 October, 1973
(b) 1 November, 1973
(c) 1 January, 1914
(d) 1 April, 1974
Ans. (d) [Raj APP 2005]
87. Under Criminal Procedure Code, 1973 the nature of non-
cognizable offence is
(a) bailable and simple
(b) bailable and grave
(c) only of grave nature
(d) all the above
Ans. (a) [UK APO 2010]
88. The Code of Criminal Procedure, 1973 had come into force on
(a) 1st April, 1974
(b) 15th April, 1974
(c) 1st September, 1974
(d) 15th September, 1974
Ans. (a) [Jhar APP 2012]
CHAPTER II
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
[Sections 6-25A]
89. Section 6 of Cr.P.C. provides
(a) Territorial jurisdiction
(b) Classes of criminal courts
(c) Jurisdiction of criminal courts
(d) Power of magistrate
Ans. (b) [CJS 2014]
90. Except the High Court and courts established under any other
laws how many types of courts have been created under
Criminal Code?
 (a) 2
(b) 5
(c) 3
(d) 4
Ans. (d) [Raj APP 2005]
91. The State Government may by notification declare any city or
town for the purposes of Cr.P.C. as a ‘Metropolitan’, whose
population
(a) exceeds ten lakhs
(b) below ten lakhs
(c) is five lakhs
(d) none of the above
Ans. (a) [UJS 2014]
92. State Government may, by notification declare any area to be a
metropolitan area for the purposes of the Code of Criminal
Procedure whose population exceeds—
(a) Ten lakhs
(b) Five lakhs
(c) Seven lakhs
(d) Three lakhs
Ans. (a) [MP PCS 2001]
93. Judges in Court of Session are appointed by:
(a) District Judge
(b) Law Minister
(c) Supreme Court
(d) High Court
Ans. (d) [CJS 2016]
94. Which of the following statements is true
(a) State Government shall establish a Court of Session with the
consultation of High Court
(b) State Government shall establish a Court of Session
(c) The High Court shall establish a Court of Session
 (d) The Supreme Court shall establish a Court of Session
Ans. (b) [UJS 2015]
95. What is true about Court of Session?
(a) It can take cognizance without committal
(b) It cannot take cognizance without committal
(c) It can take cognizance on the recommendation of District Magistrate
(d) It can take cognizance if the challan is put up by the Superintendent
of Police
Ans. (b)[MP PCS 1998, CJS 2004]
96. An Assistant Session Judge is appointed by
(a) State Government
(b) State Public Service Commission
(c) Session Judge
(d) High Court of the concerned State
Ans. (d) [UK APO 2010]
97. The local jurisdiction of Judicial Magistrate is under the control
of:—
(a) State Government
(b) High Court
(c) Chief Judicial Magistrate
(d) Both (b) and (c)
Ans. (c) [MP APPO 2009]
98. The powers and duties of a Judge and Magistrate may be
exercised or performed by:—
(a) His successor-in-office
(b) Additional Session Judge
(c) Assistant Session Judge
(d) Chief Judicial Magistrate
Ans. (a)[MP APPO 2009]
99. Chief Judicial Magistrate may pass a
(a) sentence of imprisonment not exceeding 7 years
(b) sentence for life imprisonment
 (c) death sentence
(d) sentence of imprisonment exceeding 7 years
Ans. (a) [UJS 2010]
100.A Public Prosecutor for the High Court is appointed under
Section 24 of the Code of Criminal Procedure, 1973 by the
(a) Central Government without consultation with the High Court
(b) State Government without consultation with the High Court
(c) State Government after consultation with the Central Government
(d) State Government or Central Government after consultation with the
High Court
Ans. (d) [HJS 2010]
101.No person can be appointed public prosecutor for a district,
unless his name is in the list of:—
(a) Law Secretary
(b) High Court
(c) District Magistrate
(d) Superintendent of Police
Ans. (c) [CJS 2008]
102.The experience required to be appointed as Special Public
Prosecutor
(a) 20 years
(b) 10 years
(c) 7 years
(d) 5 years
Ans. (b) [DJS 2008]
103.For appointment of a special public prosecutor how many years
experience is required as an practising advocate:
(a) 7 years
(b) 10 years
(c) 15 years
(d) 5 years
 Ans. (b) [CJS 2003]
104. No person shall be appointed as a Public Prosecutor for the
District unless his name appears in the panel of names prepared
by—
(a) Sessions Judge
(b) High Court
(c) District Magistrate
(d) Superintendent of Police
Ans. (c) [MP PCS 1998]
105. ‘Public Prosecutor’ means a person:—
(a) appointed under Section 24 of Cr.P.C.
(b) who wants to act as Public Prosecutor
(c) appointed under Section 24 of Cr.P.C. and includes any person acting
under the direction of a Public Prosecutor
(d) none of the above
Ans. (c) [MP APPO 2008]
106.In sub-section (1) of section 24 of the Cr.P.C., after the words
“Public Prosecutor” the words inserted are:—
(a) one or more additional public prosecutors
(b) two or more additional public prosecutors
(c) at least five additional public prosecutors
(d) None of the above
Ans. (a) [UP APP 2009]
107. Public Prosecutor is appointed by:—
(a) State Government
(b) High Court
(c) Public Service Commission
(d) Law Secretary
Ans. (a) [Raj APP 2007]
108.Section 25 of the CrPC makes provision for the appointment of
(a) Public Prosecutor
 (b) Assistant Public Prosecutor
(c) Public Authority
(d) Government representative
Ans. (b) [UJS 2012]
109.Section 25A was inserted in Cr.P.C. by which of the following
Amendment Act?
(a) Cr.P.C. Amendment Act, 2008
(b) Cr.P.C. Amendment Act, 2005
(c) Cr.P.C. Amendment Act, 2009
(d) Cr.P.C. Amendment Act, 1978
Ans. (b) [UJS 2014]
110.Police officer can be appointed as Asst Public Prosecutor,
provided:
(a) he is below the rank of Inspector
(b) he has taken part in investigation
(c) he is in the rank of Superintendent of Police
(d) he is not below the rank of Inspector and has not been part of
investigation
Ans. (d) [CJS 2016]
111.A person shall be eligible to be appointed as a public Prosecutor
if he has been in practice for not less than ………..
(a) Seven years
(b) Three years
(c) Ten years
(d) None of the above
Ans. (a) [AJS 2012]
112.Who is authorised to appoint Public Prosecutor for a District?
(a) High Court
(b) State Government
(c) District Judge
(d) District Magistrate
Ans. (b)[CJS 2018, UJS 2010]
113.Who can appoint a police officer as an assistant public
prosecutor for courts of Magistrates?
(a) Superintendent of Police
(b) District and Sessions Judge
(c) District Magistrate
(d) High Court on the request of the State Government
Ans. (c) [JCJ 2000]
114.In the Code of Criminal Procedure, 1973 Assistant Public
Prosecutors are appointed by the State Government for
conducting prosecutions in the Courts of Magistrates under:
(a) Section 20
(b) Section 21
(c) Section 24
(d) Section 25
Ans. (d) [HPJS 2007-I]
115.A person shall be eligible to be appointed as an Additional
Public Prosecutor only if he has been in practice as an advocate
for not less than—
(a) Five years
(b) Six years
(c) Seven years
(d) Three years
Ans. (c) [MP PCS 2001]
116. The Central Government or the State Government may appoint
for the purposes of any case or class of cases, a person who has
been in practice as advocate for not less than Special Public
Prosecutor—
(a) Five
(b) Seven
(c) Eight
(d) Ten
Ans. (d) [MP PCS 2001]
117.Which one of the following Sections is related to the
appointment of Assistant Public Prosecutor under Criminal
Procedure Code, 1973?
(a) Section 20
(b) Section 24
(c) Section 13
(d) Section 25
Ans. (d) [UK APO 2010]
118.Under which Section of the Criminal Procedure Code Assistant
Public Prosecutors may be appointed:
(a) Section 23
(b) Section 24
(c) Section 25
(d) None of these
Ans. (c) [MP APPO 2009]
119.In which of the following Sections there is a provision for
Director of Prosecution?
(a) Section 25A Cr.P.C.
(b) Section 25B Cr.P.C.
(c) Section 25C Cr.P.C.
(d) None of the above
Ans. (a) [Jhar APP 2012]
120.Under which Section of the Code of Criminal Procedure,
Directorate of Prosecution has been established?
(a) Section 25
(b) Section 25A
(c) Section 167A
(d) Section 45B
Ans. (b)[Chhat ADPPO 2008]
121.Director of Prosecution shall function under the administrative
control of:—
(a) Supreme Court
 (b) High Court
(c) Home Minister
(d) Head of the Home Department in State
Ans. (d)[Chhat ADPPO 2008]
122.The Chief Judicial Magistrate is duty bound to inspect the court
of his subordinate Judicial Magistrate, on which of the following
basis?
(a) Weekly
(b) Quarterly
(c) Half Yearly
(d) Yearly
Ans. (c) [RJS 2016]
123. Which of the following is not a Criminal Court?
(i) Executive Magistrate
(ii) Children’s court under Juvenile Justice Act, 2000
(iii) Panchayati Adalats
(a) All of the above
(b) only (ii)
(c) only (iii)
(d) (ii) and (iii) both
Ans. (d) [UJS 2014]
124.Who can make rules or give special orders from time to time
consistent with Cr.PC as to the distribution of business among
the subordinate Judicial Magistrate:
(a) Executive Magistrate
(b) District Magistrate
(c) Additional District & Session Judge
(d) Chief Judicial Magistrate
Ans. (d) [CJS 2003]
125.Which of the following is the highest criminal court in India?
(a) Supreme Court
(b) High Court
 (c) Court of Session
(d) Chief Metropolitan Magistrate
Ans. (b)[Chhat ADPPO 2008]
CHAPTER III
POWER OF COURTS
[Sections 26-35]
126. Which of the following Court can try a murder case?
(a) Magistrate 1st Class
(b) Chief Judicial Magistrate
(c) Additional Sessions Judge
(d) Any of these Courts
Ans. (c) [MP APO 2002]
127.Under Criminal Procedure Code, 1973 which one of the
following courts can try a murder case:
(a) Magistrate 1st class
(b) Chief Judicial Magistrate
(c) Sessions judge
(d) Any of the above court
Ans. (c)[UP PCS CJ 2008]
128.Which one of the following court can try a case punishable with
life imprisonment?
(a) Magistrate of the first class
(b) Sessions Judge
(c) Chief Judicial Magistrate
(d) All of these
Ans. (b)[MP APPO 2009]
129.Under which section of Cr.P.C. offences falling under Section
376 and 376(a) to (d) IPC as far as possible are to be tried by a
woman Presiding Judge?
(a) Section 26(a)
(b) Section 26(b)
(c) Section 55(a)
 (d) None of the above
Ans. (a) [UP APO 2011]
130.In the Code of Criminal Procedure, 1973, provisions for
jurisdiction in case of juveniles have been made under Section
.................
(a) 25
(b) 26
(c) 52
(d) 27
Ans. (d) [PJS 2015]
131.Which one of the following Section of Criminal Procedure Code,
1973 is related to juveniles jurisdiction?
(a) Section 25
(b) Section 26
(c) Section 27
(d) Section 28
Ans. (c)[UP PCS CJ 2016]
132.As per Section 27 of Cr.P.C., a juvenile is taken as a person
under the age of
(a) 14 years
(b) 16 years
(c) 18 years
(d) None of the above
Ans. (b) [HSJS 2012]
133. What sentence an Assistant Sessions Judge may award?
(a) Life imprisonment
(b) Any sentence authorised by law except a sentence of death or of
imprisonment for life or of imprisonment for a term exceeding ten
years
(c) Up to fourteen years
(d) Up to twenty years
Ans. (b) [MP PCS 1998]
134. A sentence of Imprisonment for a term of ten years may be
passed by which one of the following?
(a) The Court of a Magistrate of the First Class
(b) The Court of a Chief Judicial Magistrate
(c) An Assistant Sessions Judge
(d) The Court of a Chief Metropolitan Magistrate
Ans. (c) [UP APO 2002]
135. An order of life imprisonment may be passed by—
(a) Chief Judicial Magistrate
(b) Sessions Judge
(c) Metropolitan Magistrate
(d) Any Magistrate of the First Class
Ans. (b) [UP APO 2002]
136.A sentence of imprisonment for life passed by an Assistant
Sessions Judge
(a) is subject to confirmation by the High Court
(b) is beyond his power
(c) is not subject to confirmation by the High Court
(d) can be passed without hearing the parties
Ans. (b) [BJS 2000]
137.Assistant Sessions Judge is, empowered to pass sentence of
imprisonment for a term not exceeding—
(a) Five years
(b) Ten years
(c) Three years
(d) Seven years
Ans. (b) [APJS 2011]
138.Which one of the following has the power to pass a sentence of
Imprisonment for a term of ten years under Cr.P.C.?
(a) The Court of Magistrate of First Class
(b) The Court of a Chief Judicial Magistrate
 (c) An Assistant Sessions Judge
(d) The Court of a Chief Metropolitan Magistrate
Ans. (c) [HPJS 2016]
139.A Chief Judicial Magistrate may pass a sentence of:
(a) Imprisonment for a term not exceeding three years or of fine not
exceeding five thousand rupees or of both
(b) Imprisonment for a term not exceeding three years or of fine not
exceeding ten thousand rupees or of both
(c) Imprisonment for a term not exceeding seven years or of fine not
exceeding to any amount or both
(d) Imprisonment for a term not exceeding seven years or of fine not
exceeding one lakh rupees or of both
Ans. (c)[MP PCS 1996, CJS 2003]
140. A Chief Judicial Magistrate may pass a—
(a) Sentence of imprisonment not exceeding seven years
(b) Sentence for life imprisonment
(c) Sentence of imprisonment exceeding seven years
(d) Death sentence
Ans. (a) [UP APO 2002,
UJS 2002, DAPP 2005]
141. The Court of a Magistrate of first class may pass a sentence of
imprisonment for a term not exceeding—
(a) Three years
(b) Five years
(c) Seven years
(d) Four years
Ans. (a) [MP PCS 2001, OJS 2011]
142. The Court of a Magistrate of the second class may pass a
sentence of fine not exceeding ............................. rupees.
(a) One thousand
(b) Three thousand
(c) Five thousand
 (d) Ten thousand
Ans. (c) [MP PCS 2001]
143.Which of the following sentence may be passed by a magistrate
of Second Class?
(a) Imprisonment for a term not exceeding two years
(b) Imprisonment for a term not exceeding one year
(c) Imprisonment for a term not exceeding six months
(d) Only a fine not exceeding five thousand rupees
Ans. (b) [UJS 2002]
144. Under Section 29 of the Criminal Procedure Code the second
class Magistrate can pass sentence upto—
(a) 1 year
(b) 2 years
(c) 3 years
(d) All of these
Ans. (a) [MP APO 2002,
UP APO 2011, MP APPO 2003]
145.Additional Chief Judicial Magistrate may pass a sentence of
imprisonment extending upto:
(a) 5 years
(b) 7 years
(c) 3 years
(d) 10 years
Ans. (b)[UP PCS CJ 2006]
146.A metropolitan magistrate may pass a sentence upto
(a) 3 years
(b) 5 years
(c) 7 years
(d) None of the above
Ans. (a) [DJS 2007]
147.The Court of a Chief Judicial Magistrate is empowered to pass a
sentence of:
 (a) Imprisonment for seven years
(b) Imprisonment for eight years
(c) Imprisonment for ten years
(d) Death or imprisonment for life
Ans. (a) [HPJS 2007-I]
148.The Court of Magistrate of the Second Class is empowered to
pass a sentence of imprisonment for a term not exceeding:
(a) Seven years
(b) Three years
(c) Two years
(d) One years
Ans. (d) [HPJS 2007-I]
149.Match List-I with List-II and select the correct answer using
the code given below the Lists:
List-I List-II
(a) Special Metropolitan 1. Imprisonment
Magistrate up to 7 years or/
and fine
(b) Chief Metropolitan 2. Imprisonment
Magistrate up to 10 years
or/and fine
(c) Judicial Magistrate 3. Imprisonment
of Second Class up to 3 years or/
and fine
(d) Assistant Sessions 4. Imprisonment
Judge up to 1 year or/
and fine up to
Rs. 5,000
Code:
A B C D
(a) 2 4 3 1
(b) 3 2 1 4
 (c) 1 4 2 3
(d) 3 1 4 2
Ans. (d) [JCJ 2000]
150.Under section 29 of the Cr.P.C. the second class Magistrate can
pass sentence.........
(a) 01 year
(b) 02 years
(c) 03 years
(d) both (b) & (c)
Ans. (a) [HPJ 2009]
151.The Court of Magistrate of the First Class may pass a sentence
of imprisonment for a term:
(a) Not exceeding three years or a fine not exceeding Rs. 10,000
(b) Not exceeding one year or a fine not exceeding Rs. 5,000
(c) Not exceeding three years or a fine not exceeding Rs. 5,000
(d) Not exceeding seven years or a fine prescribed under the Code
Ans. (a) [MPJS 2009]
152.A Chief Judicial Magistrate may pass a sentence of
imprisonment
(a) Not exceeding seven years
(b) Exceeding seven years
(c) For life
(d) None of the above
Ans. (a) [UJS 2009]
153.The Magistrate has convicted ‘A’ for the offence of having
cheated a number of investors in the sum of Rs. 10 crores. The
Magistrate is of the opinion that the gravity of the offence a
sentence to undergo imprisonment in excess of 3 years to be
imposed. The sentence is excess of 3 years can be imposed by:
(a) The Magistrate after putting the accused to notice
(b) By the Court of Sessions to whom the Magistrate must refer the
matter to
 (c) The court of the ACMM/CMM to whom the matter is to be referred to
(d) By the Court of Sessions after notice to the accused
Ans. (c) [DJS 2011]
154.For how much term maximum Judicial Magistrate of the First
class may pass a sentence for a single offence?
(a) Five years
(b) Four years
(c) Three years
(d) Two years
Ans. (c) [MJS 2010]
155. A Chief Judicial Magistrate may pass a
(a) Sentence of imprisonment exceeding 7 years
(b) Sentence of imprisonment not exceeding 7 years
(c) Sentence for life imprisonment
(d) Death sentence
Ans. (b) [HJS 2014]
156.A Chief Judicial Magistrate may pass a sentence of
imprisonment
(a) not exceeding seven years
(b) exceeding seven years
(c) for life
(d) not exceeding three years
Ans. (a) [HPJS 2015]
157.The maximum sentence of imprisonment a Chief Judicial
Magistrate can impose is:
(a) 3 years
(b) 7 years
(c) 10 years
(d) No limit
Ans. (b) [HADA 2016]
158.The court magistrate 1st class may pass a sentence of
imprisonment for a term not exceeding—
 (a) Three years
(b) Five years
(c) Seven years
(d) Four years
Ans. (a) [CJS 2004]
159. The Court of Chief Judicial Magistrate may pass:—
(a) any sentence authorised by law
(b) a sentence of imprisonment for life
(c) a sentence of imprisonment for a term exceedings seven years
(d) None of these
Ans. (d)[MP APPO 2008]
160.The Court of a Chief Judicial Magistrate may pass any sentence
of imprisonment not exceeding:—
(a) Five years
(b) Three years
(c) Seven years
(d) Ten years
Ans. (c) [Raj APP 2007]
161.What sentence can be awarded by a Magistrate of 1st Class?
(a) Sentence upto two years
(b) Sentence upto three years
(c) Sentence upto one year
(d) Sentence upto five years
Ans. (b) [Raj APP 2005]
162.A magistrate of first class may impose a maximum fine of
(a) rupees five thousand
(b) rupees ten thousand
(c) rupees twenty thousand
(d) No limit
Ans. (b) [Jhar APP 2012]
163.Which one of the following Sections of Criminal Procedure
Code, 1973 provides sentence of imprisonment by the Court of
Magistrate in default of fine?
(a) Section 30(1)
(b) Section 31
(c) Section 32
(d) Section 34
Ans. (a) [UK APO 2010]
164.Under IPC, when the offence is punishable with both
imprisonment and fine a sentence of imprisonment for
nonpayment of fine shall not exceed
(a) One half of the maximum term of imprisonment fixed for the offence
(b) Maximum term of imprisonment fixed for the offence
(c) One fourth of the maximum term of imprisonment fixed for the
offence
(d) One third of the maximum term of imprisonment fixed for the
offence
Ans. (c) [DAPP 2008]
165.If an accused at one trial is convicted of and punished with
imprisonment in two offences, under section 31 of the Code of
Criminal Procedure, 1973; the imprisonments in the absence of
any specific direction of the court, will run:
(a) Consecutively
(b) Concurrently
(c) Consecutively as per direction of Jail Authorities
(d) Concurrently as per direction of Jail Authorities
(e) None of these
Ans. (a) [PJS 2017]
166.In cases of conviction of a person of several offences at one
trial, in no case shall such person be sentenced to imprisonment
for a longer period than
(a) 14 years
 (b) 17 years
(c) 20 years
(d) 25 years
Ans. (a) [APDSJ 2011]
167.In every criminal trial when the magistrate finds the accused
guilty he shall pass the sentence after hearing the accused:
(a) Wrong it is not required in summons cases
(b) Right without hearing the accused no sentences can be passed
(c) It is required only before sending the conviction warrant
(d) Not required at all in any case
Ans. (b) [CJS 2003]
168.A person for offence of theft is convicted and sentenced by
J.M.F. C. to one year imprisonment and fine. What is the
maximum term of imprisonment which can be awarded in
default of payment of fine?
(a) One month
(b) Nine months
(c) Six months
(d) One year
Ans. (b) [CJS 2008]
169. Which one of the following is not correct?
(a) High courts should not pass interim orders which are likely to
hamper investigation
(b) A Magistrate can under section 156(3), code of criminal procedure,
1973 send a complaint of non-cognizable offence to the police
(c) The power of the Magistrate of the first class to take cognizance of
cognizable offence may be impaired by territorial restrictions
(d) During the course of investigation by the police, the question of
cross-examination does not arise
Ans. (c) [RJS 2011]
170.Under Section 29(2) of the Code of Criminal Procedure, 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 ____ or both,
(a) Five thousand rupees
(b) Seven thousand five hundred rupees
(c) Ten thousand rupees
(d) Fifteen thousand rupees
Ans. (c) [APJS 2012]
171.Which one of the following sentences may be passed by the
Court of a Chief Judicial Magistrate?
(a) a sentence of death or of imprisonment for life
(b) a sentence of imprisonment for life or of imprisonment for a term
exceeding ten years
(c) any sentence authorised by law except a sentence of death or of
imprisonment for life or of imprisonment for a term exceeding seven
years
(d) a sentence of imprisonment for a term exceeding ten years only
Ans. (c) [HPJS 2013]
172.Under Section 27 of the Criminal Procedure Code, the age of
Juvenile is
(a) 16 years
(b) 18 years
(c) 12 years
(d) None of the above
Ans. (a)[UP PCS CJ 2013]
173.Which one of the following statement is not correct?
(a) A sentence of death passed by the Sessions Court is subject to
confirmation by the High Court
(b) A sentence of death passed by the Sessions Court can be confirmed
by the High Court only when a Bench hearing the case consists of at
least two Judges, when such Court consists of two or more Judges
(c) No order of confirmation of each sentence shall be made prior to
expiry of the period for preferring appeal
 (d) The High Court, considering the death punishment for confirmation,
if no appeal is preferred by the accused challenging the death
sentence passed, cannot acquit the accused person.
Ans. (d) [RCJ 2014]
174.Which one among the following is the role of the trial judge
under the provisions of the Code of Criminal Procedure?
(a) To be impartial and maintain complete silence during the trial
(b) To be impartial and at the same time play a proactive role while
examining witnesses
(c) To be impartial, play a proactive role while exercising his powers of
examining/reexamining material witnesses and also the accused
person after the prosecution evidence is closed
(d) To maintain complete silence and observe as far as possible the
principles of natural justice during the trial
Ans. (c) [DAPP 2010]
175. The power of revision can be exercised by
(a) the High Court
(b) the Sessions Judge
(c) the Additional Sessions Judge, if the case has been transferred to
him by the Sessions Judge
(d) All of the above
Ans. (d) [Jhar APP 2012]
176.‘A’ intentionally shoots ‘B’ at Chennai. ‘B’ goes to Mumbai for
better treatment where ‘B’ dies of injuries of bullet fired by ‘A’.
‘A’ can be tried for the murder of ‘B’:
(a) At Chennai where ‘A’ shoots ‘B’
(b) At Mumbai where ‘B’ dies
(c) Either at Mumbai or at Chennai
(d) At any place of India where ‘A’ is found
Ans. (c) [HHJS 2011]
CHAPTER IV
 POWERS OF SUPERIOR
OFFICERS OF POLICE
[Sections 36-40]
177.Under Section 37 of Code of Criminal Procedure every person is
bound to assist a Magistrate or a Police Officer
(a) in the taking or preventing the escape of any other person whom
such Magistrate or Police Officer is authorized to arrest
(b) in the prevention or suppression of a breach of peace
(c) in the prevention of any injury attempted to be committed to
railways
(d) All of the above
Ans. (d) [JJS 2014]
178.In relation to the commission of which of the following offence,
the general public does not have a duty under section 39 of
Cr.P.C. to give information to the nearest Magistrate or police
officer;
(a) Criminal breach of trust by public servant
(b) Kidnapping for ransom
(c) Mischief by destroying a light-house
(d) House-trespass in order to commit offence punishable with
imprisonment
Ans. (d) [HJS 2013]
179.Which one of the following section of Cr.P.C. provides public to
give information of certain offences to the police officer?
(a) Section 38
(b) Section 40
(c) Section 39
(d) All of the above
Ans. (c) [UJS 2014]
180.Police may not arrest without warrant any person:
(a) who has in his possession with lawful excuse any implement of
house-breaking
 (b) who has been proclaimed as an offender by order of the State
Government
(c) who obstructs a police officer while in the execution of his duty
(d) who is reasonably suspected of being a deserter from any of the
Armed Forces of the Union
Ans. (a) [CJS 2016]
CHAPTER V
ARREST OF PERSONS
[Sections 41-60A]
181.Under which section of Cr.P.C. a Police Officer can arrest a
person without an order from a Magistrate and without
warrant?
(a) Section 42
(b) Section 40
(c) Section 51
(d) Section 41
Ans. (d) [UJS 2002,
UK APO 2010, OJS 2011]
182.Under Criminal Procedure Code, 1973, if a person is arrested by
Police Officer without warrant, whether such person, has been
admitted to bail or otherwise, the officer in-charge of the police
station shall report to
(a) The District Magistrate only
(b) The sub-divisional Magistrate only
(c) The District Magistrate or if he so directs, to the Sub-divisional
Magistrate
(d) The Judicial Magistrate having jurisdiction
Ans. (c) [MPJS 2015]
183.A is a magistrate in his presence one murder took place during
his morning walk, whether he can arrest the culprit himself:
(a) No
(b) Yes
 (c) Only police can arrest
(d) As the Magistrate has to try the case he cannot arrest
Ans. (b) [CJS 2003]
184.Under which one of the following sections of Cr.P.C., police can
arrest an accused without warrant?
(a) Section 37
(b) Section 40
(c) Section 41
(d) Section 42
Ans. (c)[MP APO 2002, 2003,
UP PCS CJ 2008]
185.Which one of the following Sections of the Code of Criminal
Procedure, 1973 authorises to any Police Officer to arrest any
person without an order by a Magistrate and without a warrant?
(a) Section 42
(b) Section 44
(c) Section 43
(d) Section 41
Ans. (d) [HPJS 2011]
186. Point out the incorrect statement:
(a) In cognizable offence any police officer may, without an order from
magistrate and without a warrant, arrest any person
(b) A private person may arrest or cause to be arrested any person
committing a cognizable offence & non-bailable
(c) An executive magistrate may arrest the offender when any offence is
committed in his presence and within his jurisdiction
(d) None of the above
Ans. (d) [UP PCS 2003,
MP APPO 2009, HPJS 2015]
187.A police officer may arrest somebody accused of an offence
(a) to prevent such person from committing any further offence
(b) for proper investigation of the case
 (c) to prevent tampering of evidence
(d) for all these
Ans. (d) [DJS 2015]
188. In a cognizable offence a police officer—
(a) Cannot arrest an accused without warrant
(b) May arrest an accused without warrant
(c) Can keep the accused in police custody without a remand order
(d) Is not required to produce the accused before a Magistrate
Ans. (b) [UP APO 2002]
189.A police officer has reasonable suspicion that K is involved in a
murder case. He may
(a) inform the superintendent of police
(b) inform the magistrate of that area
(c) arrest K without warrant
(d) obtain warrant from the magistrate
Ans. (c) [Jhar APP 2012]
190.In a cognizable case, the police will have all the powers to
…………..
(a) investigate except the power to arrest without warrant
(b) investigate including the power to arrest without warrant
(c) investigate and arrest without warrant only after seeking permission
from the Magistrate
(d) investigate and arrest without warrant only after informing the
Magistrate having jurisdiction to inquire into or try the offence
Ans. (b)[UHJS 2011, PJS 2011]
191. Duty of a person making arrest includes
(a) giving information regarding the arrest and place of detention to any
of his friends, relatives or nominees
(b) informing the person of his rights as soon as he is brought to the
police station
 (c) an entry of the fact as to who is the person informed, in a book kept
in police station for this purpose
(d) all of the above
Ans. (d) [DJS 2007]
192.A memorandum of arrest of an arrested person is required to
be signed and attested by one member of
(a) his family and one of his relatives
(b) the locality and one of his relatives
(c) other locality and one member of his family
(d) his family or member of the locality, and countersigned by the
arrested person
Ans. (d) [RJS 2011]
193.Which one of the following is not a necessary requirement for a
proper procedure of arrest under section 41B of Cr.P.C.
(a) The police officer shall bear an accurate identification of his name
(b) The police officer shall bear a visible and clear identification of his
name
(c) The police officer shall prepare a memorandum of arrest to be
countersigned by the person arrested
(d) The police officer shall inform the person arrested that he has the
right of legal counsel during interrogation
Ans. (d) [HJS 2013]
194.Under Section ‘41-C’ of Cr.P.C. State Government shall establish
police control room
(a) Only at district level
(b) Only at state level
(c) Only at commissioner level
(d) At state and district level
Ans. (d) [CJS 2014]
195.Where shall the State Government establish a police control
room?
 (a) In every district
(b) At State level
(c) At Panchayat level
(d) Only (A) and (B) are correct
Ans. (d) [HADA 2016]
196.Indicate the correct statement regarding the rights of an
arrestee.
A person arrested without warrant has the right to
(i) be informed of the particulars of the offence for which he is
arrested.
(ii) have a relative or friend named by him to be informed about
his arrest.
(iii) have an advocate of his choice remain present throughout
interrogation.
(iv) be medically examined by a medical officer.
Which of the statements given above are correct?
(a) (i), (ii) and (iii)
(b) (ii), (iii) and (iv)
(c) (i), (ii) and (iv)
(d) (i), (ii), (iii) and (iv)
Ans. (c) [DJS 2014]
197.Under which provision an arrested person person has right to
meet an advocate of his choice during interrogation
(a) Section 39 of Cr.P.C.
(b) Section 40 of Cr.P.C.
(c) Section 41A of Cr.P.C.
(d) Section 41D of Cr.P.C.
Ans. (d) [CJS 2014]
198.When is an arrested person entitled to meet an advocate of his
choice?
(a) During interrogation
 (b) After interrogation
(c) Throughout interrogation
(d) All the above are correct
Ans. (a) [HADA 2016]
199.Which of the following statements is not correct under the Code
of Criminal Procedure?
(a) Where a private person or an authorised person has a right to arrest
a person and hand him over to the custody of police; such private
person can also make search of such arrested person
(b) Enquiry and trial, both are included in ‘judicial proceedings’
(c) Complaint may be made by any person and it is not necessary that
the injured or the affected only should complain
(d) Charges are framed only in warrant cases: there is no need to frame
charge sheet in petty summons cases
Ans. (a) [UP APO 2006]
200.Which Section of the Code of Criminal Procedure authorises a
private person to arrest any person committing cognizable
offence?
(a) Section 44
(b) Section 42
(c) Section 43
(d) Section 45
Ans. (c) [UP APO 2002]
201. A private person may arrest any person who?
(a) Is reported to be a criminal
(b) In his presence commits a non-cognizable offence
(c) In his presence commits a bailable offence
(d) In his presence commits a cognizable and non-bailable offence
Ans. (d) [UP APO 2002]
202. Any private person may arrest without warrant
(a) any person committing a cognizable and non-bailable offence in his
presence
 (b) any proclaimed offender
(c) Both (a) and (b)
(d) Private person cannot arrest any person without warrant
Ans. (c) [Jhar APP 2012]
203.Who among the following can be arrested without warrant by
any Magistrate?
(a) Any person committing offences within the local jurisdiction of such
Magistrate but not in his presence
(b) Any person committing offences anywhere, but in the presence of
such Magistrate
(c) Any person within his local jurisdiction for whose arrest he is
competent to issue a warrant
(d) All of the above
Ans. (c) [JCJ 2000]
204.Under which section of Cr.P.C. a Magistrate can arrest a
person?
(a) Section 38
(b) Section 40
(c) Section 41
(d) Section 44
Ans. (d) [BJS 2009]
205.Which Section of the Code of Criminal Procedure provides a
protection to the members of Armed Forces from arrest?
(a) Section 41
(b) Section 45
(c) Section 46
(d) Section 50
Ans. (b) [UJS 2009]
206.Who is given protection from arrest under Section 45 of Code of
Criminal Procedure, 1973?
(a) President of India
(b) Judicial Officers
 (c) Members of Armed Forces
(d) Members of Parliament
(e) None of these
Ans. (c) [PJS 2017]
207. Which one of the following statements is wrong?
If a person forcibly resists the endeavour to arrest him, the
Police Officer may—
(a) Use all the means necessary to effect the arrest
(b) Cause the death of such person irrespective of the offence he has
committed
(c) Cause the death of such person accused of murder
(d) Cause the death of such person accused of culpable homicide not
amounting to murder
Ans. (b) [UP PCS 2003]
208.Save in exceptional circumstances, no woman shall be arrested
after Sunset and before Sunrise, and where such exceptional
circumstances to arrest exist, the woman police officer shall
obtain the prior permission of the following:
(a) District Magistrate
(b) Superintendent of Police
(c) Judicial Magistrate of the First Class
(d) Sessions Judge
Ans. (c)[UP PCS CJ 2006]
209.Which one of the following Sections of Criminal Procedure
Code, 1973 prohibits the male police officer from touching the
person of a woman while making her arrest?
(a) Proviso to Section 41(1)
(b) Proviso to Section 42(2)
(c) Proviso to Section 46(1)
(d) None of the above
Ans. (c)[UP PCS CJ 2016]
210. Power to search a place is provided under
 (a) Section 45
(b) Section 46
(c) Section 47
(d) Section 48
Ans. (c) [OJS 2011]
211.Section 50 of Cr.P.C. provides that every person arrested
without warrant shall be informed of grounds of arrest and of
right to bail, if the arrest is made for a bailable offence. What is
the effect of non-compliance of these provisions?
(a) It shal1 not render the arrest and detention of the person concerned
illegal
(b) Even if the provisions of this section are overlooked, error may be
corrected later.
(c) It shall render the arrest and detention of the person concerned
illegal and shall enable the person arrested move for habeas-corpus
to obtain his release
(d) It is simply a procedural error and the provisions of this section are
not very material
Ans. (c) [UP APP 2009]
212.Under which provision of the Code of Criminal Procedure it is
mandatory for police officer to inform the person arrested the
grounds of arrest and right of bail if the offence is not non-
bailable
(a) Section 150
(b) Section 105
(c) Section 50
(d) Section 510
Ans. (c)[All India Bar 2014]
213.Which one of the following sections of the Code of Criminal
Procedure provides that the person of a female shall be
examined only by or under the supervision of a female
registered medical practitioner?
 (a) Section 53(2)
(b) Section 55(2)
(c) Section 60(2)
(d) Section 54
Ans. (a) [HPJS 2013]
214.Under Section 53 of Cr.P.C. Examination of accused by medical
practitioner is at the request of Police Officer of:
(a) Not below the rank of Inspector
(b) Not below the rank of sub-Inspector
(c) Not below the rank of DSP
(d) Not below the rank of SP
Ans. (b) [HPJS 2016]
215.Section 53(A) of the Code of Criminal Procedure (Amendment
Act 25 of 2005) provides for examination of the:
(a) person accused of rape by medical practitioner
(b) arrested person accused of rape by medical practitioner at the
request of arrested person
(c) person accused of rape by medical practitioner at the request of
police officer
(d) person accused of rape by medical practitioner at the request of the
victim
Ans. (c) [DAPP 2010]
216.Under section 53A of Cr.P.C., when a person is arrested on the
charge of committing rape, the arrestee may be examined by a
registered medical practitioner other than a registered medical
practitioner employed in a hospital run by the Government or by
a local authority when the later is not available within a radius
of Sixteen kilometres from the place;
(a) Where the offence has been committed
(b) Where the arrest was made
(c) Where the nearest police station is situated
(d) where the nearest court is situated
 Ans. (a) [HJS 2013]
217.Under which section arrested person can submit an application
for his medical examination before the court?
(a) Section 53
(b) Section 51
(c) Section 54
(d) Section 55
Ans. (c) [Raj APP 2005]
218.Under which section of Cr.P.C. an arrested person is to be
examined by the Government Medical Officer immediately after
such arrest?
(a) Section 55A
(b) Section 60A
(c) Section 54
(d) Section 55
Ans. (c) [UP APO 2011]
219.Which one of the following Section of Cr.P.C. provides
identification of arrested person?
(a) Section 54
(b) Section 54A
(c) Section 55A
(d) Section 60A
Ans. (b) [UJS 2014]
220.Procedure when Police Officer deputes his subordinate to arrest
without warrant is given under:
(a) Section 56
(b) Section 55
(c) Section 58
(d) Section 59
Ans. (b) [HPJS 2016]
221.Provisions relating to health and safety of arrested persons
have been provided under which one of the following Sections
of the Criminal Procedure Code, 1973?
(a) Section 50A
(b) Section 53A
(c) Section 55A
(d) Section 60A
Ans. (c)[UP PCS CJ 2016]
222.The provision relating to health and safety of arrested person
have been prescribed under which of the following Sections of
the CrPC, 1973?
(a) Section 50A
(b) Section 53A
(c) Section 55A
(d) Section 60A
Ans. (c) [UJS 2012]
223. A person arrested by a police officer may be kept in custody
for—
(a) Two days
(b) Three days
(c) Twenty-four hours
(d) One week
Ans. (c) [MP PCS 1998]
224.A person arrested should be presented before a Magistrate
(excluding time for journey to the court) within
(a) 24 hours
(b) 48 hours
(c) 72 hours
(d) none of the above
Ans. (a) [DJS 2007]
225.Under which one of the following sections of Cr.P.C. it is
mandatory for the officer to produce the person arrested before
a Magistrate within 24 hours of the arrest
(a) Section 57
(b) Section 68
(c) Section 79
(d) Section 90
Ans. (a)[UP PCS CJ 2008]
226.In which one of the following Sections of the Criminal
Procedure Code, 1973 it is mandatory to produce the person
arrested before the Magistrate within 24 hours of arrest?
(a) Section 51
(b) Section 56
(c) Section 57
(d) Section 59
Ans. (c)[UP PCS CJ 2015]
227.Under which section of Code of Criminal Procedure, 1973, it is
mandatory to produce an arrested person before the Magistrate
within 24 hours of his arrest?
(a) 59
(b) 58
(c) 57
(d) 56
(e) None of these
Ans. (c)[HPJS 2007-II, PJS 2017]
228.Under which section the provision that police officer when
arrests a person without warrant cannot keep in his custody for
more than 24 hours?
(a) Under Section 167
(b) Under Section 56
(c) Under Section 57
(d) Under Section 154
 Ans. (c) [Raj APP 2005]
229.Under Section 60A Cr.P.C., a person can be arrested
(a) in case of commission of offence in the presence of a police officer
(b) on credible information about commission of an offence punishable
with imprisonment for more than seven years
(c) on a complaint by a victim, when a police officer has reasons to
believe that the concerned person has committed the offence
(d) under All these circumstances
Ans. (d) [DJS 2015]
230.A report of person arrested without warrant shall be given by
the officer-in-charge of police station to:
(a) Only District Magistrate
(b) Only Sub-divisional Magistrate
(c) Judicial Magistrate of First Class
(d) Either to the District Magistrate or Sub-divisional magistrate
Ans. (d)[UP PCS CJ 2006]
231.In a famous case the Supreme Court has provided strict
guidelines related to right the arrested persons
(a) Sakiri Basu case
(b) Hussain Aara Khatton v. State of Bihar
(c) D.K. Basu v. State of West Bengal
(d) None of these
Ans. (c) [DJS 2008]
232.Assertion: An accused person has been guaranteed the right to be
informed of the nature and cause of accusation.
Reason (R): The accused person can get his conviction quashed upon
vague and obscure charges.
(a) Both ‘A’ and ‘R’ are true and ‘R’ correctly explains ‘A’.
(b) Both ‘A’ and ‘R’ are false.
(c) ‘A’ is true but ‘R’ is not a correct explanation.
(d) None of the above.
Ans. (c) [DJS 2010]
233.A person arrested on a charge of committing rape can be
medically examined at the request of a police officer of the
concerned police station ______ .
(a) only after oral consent of the person
(b) only after written consent of the person
(c) only under the order of court
(d) even by force
Ans. (d) [MJS 2010]
234. Point out correct statement:
(a) a private person may arrest or cause to be arrested any person who
in his presence commits a non-bailable and cognizable offence
(b) an Executive or Judicial Magistrate may himself arrest or order any
person to arrest the offender when any offence is committed in his
presence and within his jurisdiction
(c) any police officer may arrest any person without an order from a
Magistrate and without a warrant who has been concerned in any
cognizable offence
(d) (a), (b) and (c) are correct
Ans. (d) [HPJS 2011]
235.Which one of the following statement is not correct?
(a) Bailable offence means an offence which is shown as bailable in the
first schedule of the Code of Criminal Procedure, 1973
(b) Bailable offence means an offence which is made bailable by any
other law for the time being in force
(c) Non-bailable offence means any other offence which is not bailable
(d) Police may not arrest without warrant to an accused of bailable
offence in all the situations
Ans. (d) [HPJS 2013]
236.If person, identifying the person arrested, is mentally and
physically disabled, who will supervise the process
of identification, under Cr.P.C. ?
(a) Any executive Magistrate
 (b) Judicial Magistrate
(c) District Magistrate
(d) Chief judicial Magistrate
Ans. (b)[MP (Pre) JS 2013-II]
237. Consider the following statement(s).
A police officer has the power to arrest any person without an
order from a magistrate or warrant of arrest, if he has reason to
suspect his complicity in a cognizable offence punishable with
imprisonment which may extend to seven years, provided that
he is satisfied for reasons in writing that such arrest is
necessary
(i) to prevent such person from committing any further offence.
(ii) for proper investigation of the offence.
(iii) to prevent such person from tampering with or causing the
evidence of the offence to disappear.
(iv) to compel the absconding co-accused to surrender.
Which of the statements given above are correct?
(a) (i) and (ii)
(b) (ii) and (iii)
(c) (i), (ii) and (iii)
(d) (i), (ii), (iii) and (iv)
Ans. (c) [DJS 2014]
238.Under Cr.P.C., Police Officer may arrest any person without an
order from a Magistrate and without a warrant
(a) who commits a cognizable offence in the presence of a Police Officer
(b) who has been proclaimed as an offender either under this Code or by
order of the State Government
(c) who obstructs a Police Officer while in the execution of his lawful
duty
(d) in above all circumstances
Ans. (d)[MP (CJ) JS 2014]
239.Arrest of persons is covered under Chapter .................. of the
Code of Criminal Procedure, 1973.
(a) IV
(b) V
(c) VI
(d) III
Ans. (b) [PJS 2015]
240. Which of the following is correct?
(a) A person arrested by police officer without warrant shall be taken
before a Magistrate without unnecessary delay.
(b) The detention of a person in police custody arrested without warrant,
cannot exceed twenty-four hours even by a special order of
Magistrate, excluding the time necessary for journey from place of
arrest to the Magistrate’s court.
(c) The police officer shall discharge the person arrested of bailable
offence without any bond or bail.
(d) All of the above
Ans. (a) [RJS 2016]
241. Any private person may arrest any person who:
(a) Commits non-bailable offence in his presence
(b) Commits non-bailable offence and cognizable offence in his presence
(c) Commits compoundable offence in his presence
(d) Commits non-bailable and cognizable offence in his presence or is a
proclaimed offender
Ans. (d) [HADA 2016]
242.The Supreme Court of India in the case of State of Haryana v.
Dinesh Kumar (2008) held that ‘arrest’ implies:
(a) apprehension of the accused by the police officer.
(b) apprehension of the accused by the police officer or the submission
of the accused to the custody by word or action including when he is
in the judicial custody on surrender before the court and/or submits
to its direction
 (c) handcuffing of the accused by the police officer
(d) handcuffing and putting the accused in police or judicial custody
Ans. (b) [DAPP 2010]
243. If a person in lawful custody escapes, the person from whose
custody he escaped may, immediately pursue and arrest him—
(a) Within local limits of the police station concerned
(b) Within local limits of the district
(c) Within local limits of the state
(d) In any place in India
Ans. (d) [MP PCS 2001, CJS 2004]
244. Consider the following statements:
1. The police officer is not bound to give information about the
arrest of the accused to any of his relations or friends.
2. A registered medical practitioner cannot use force to examine
a person accused of rape sent by the police for such
examination.
Which of the statement given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (d) [DAPP 2008]
245. Consider the following statements:—
1. Illegal arrest does not vitiate the trial.
2. A confession is not invalidated by the illegal arrest.
3. Mere keeping a person in police station or restricting his
movements within the precincts of a police station amounts to
arrest.
4. Arrest need not be by handcuffing a person, but could be
complete by spoken words.
Select the correct answer using the codes given below:—
Codes:
 (a) Only 1 and 2 are correct
(b) Only 1 and 4 are correct
(c) Only 1, 2 and 4 are correct
(d) 1, 2, 3 and 4 all are correct
Ans. (d) [UP APP 2009]
246.Who can commute the sentence of imprisonment for life under
Cr.P.C.?
(a) Appropriate Government
(b) The President of India
(c) The Governor of the state
(d) The Home Minister of the State
Ans. (a) [UP APP 2009]
247.Shall it be lawful for a police officer to take into custody a
person who throws or lays down any dirt, filth, rubbish or any
stones on any road or street, which causes inconvenience or
annoyance to public?
(a) Yes, even without warrant
(b) Yes, only under a warrant of arrest
(c) No, because it is not an offence
(d) No, because the police officer is not empowered
Ans. (a) [UP APP 2009]
248.Which of the following police officer may arrest such a person
without any warrant who is under suspicion of deserting any of
the armed forces of Union?
(a) Superintendent of Police
(b) Inspector of Police
(c) Officer-in-charge of a Police Station
(d) Any police officer
Ans. (d)[MP APPO 2008]
249.A person is arrested for having committed a crime. Which one
of the following is not his right?
(a) To know the grounds of his arrest
 (b) To get the services of a lawyer.
(c) To approach the court for a writ petition for habeas corpus.
(d) To approach the court for a writ of mandamus.
Ans. (d)[UPSC CBI PP 2010]
250.Section 41B is incorporated into the Criminal Procedure Code
on the basis of which of the following decisions
(a) Nandini Satpati v. P.L. Dani
(b) Sunil Batra v. Delhi Administration
(c) Prem Shankar Shukla v. Delhi Administration
(d) D.K. Basu v. State of West Bengal
Ans. (d)[All India Bar 2014, 2015]
CHAPTER VI
PROCESSES TO COMPEL APPEARANCE
[Sections 61-90]
251. A summon issued by a Court must be in:
(a) writing
(b) duplicate
(c) signed by the presiding officer of the Court or other officer as
directed by the High Court
(d) all the above
Ans. (d)[DU LLM Entrance 2015]
252. How are the summons served?
(a) By a police officer
(b) By an officer of the court
(c) By any authorised public servant
(d) By any of the above
Ans. (d) [MP APO 2002,
MP APPO 2003]
253. Summons of Court can be served by:
(a) Only a police officer
(b) An office of the court
(c) Public servant
 (d) Any of them
Ans. (d) [MPJS 2012]
254.Where the serving officer delivers or tenders a copy of the
summons to the defendant personally or to his agent, he must
require such a person to sign an acknowledgement of service to
be endorsed on the original summons. Then:
(a) the copy of the summons will be delivered to the defendant
(b) the original summons with the defendant’s signature thereon, will be
returned to the court
(c) both (a) and (b)
(d) the original summons with the defendant’s signature thereon, will be
returned to the plaintiff
Ans. (b) [KCJ 2012]
255.Under which Section of Cr.P.C. the summons may be served by
leaving it with some adult member of the family of concerned
person?
(a) Section 62
(b) Section 63
(c) Section 64
(d) Section 65
Ans. (c) [MP APPO 2008]
256.Under Code of Criminal Procedure substituted service of
summons can be made:
(a) By affixing summons on the house
(b) By a Registered Post
(c) By Courier
(d) None of it
Ans. (a) [MPJS 2012]
257.In a criminal case service of summons can be made on the
witness ______ .
(a) only through police
(b) only through bailiff
 (c) only both (a) and (b)
(d) even by Registered Post A.D.
Ans. (d) [MJS 2010]
258.An arrest warrant in a criminal case shall be signed by
(a) Chief Ministerial Officer
(b) Head of Office
(c) Presiding Officer of the Court
(d) Authorized Officer
Ans. (c) [KJS 2011]
259. Point out incorrect answer— The requisites of a valid warrant
are:
(a) It shall be in writing
(b) It shall be signed by presiding officer of the Court
(c) It shall bear the seal of the Court
(d) It must state the name of the accused but address is not necessary
Ans. (d) [UP APO 2002]
260.How long a warrant of arrest shall remain in force?
(a) 6 years
(b) 10 years
(c) 12 years
(d) Until executed or cancelled
Ans. (d) [JJS 2014]
261.The police officer shall bring an arrested person before the
court without any delay. This is the mandate of
(a) Section 76
(b) Section 77
(c) Section 78
(d) Section 79
Ans. (a)[Bihar APO 2013]
262.Under section 77 of Cr.P.C. a warrant of arrest may be executed
(a) within the local jurisdiction of court issuing warrant
(b) within the session division
 (c) at any place within the State
(d) at any place in India
Ans. (d) [UP APO 2006,
UP APP 2006]
263.Under section 77 of Cr.P.C., a warrant of arrest may be
executed:—
(a) within the local jurisdiction of court issuing warrant
(b) at any place within the state
(c) at any place in India
(d) within the Jurisdiction of District Court
Ans. (c) [UP APP 2009]
264.A warrant of arrest may be executed at any place in:—
(a) India
(b) Jurisdiction of the issuing Court
(c) Jurisdiction of the concerned Sessions Court
(d) The concerned State
Ans. (a) [Raj APP 2007]
265.A warrant issued in terms of Cr.P.C. may be executed at
(a) any place in India
(b) in home district of accused’s residence
(c) within the jurisdiction of the court issued warrant
(d) within the jurisdiction of same high court
Ans. (a) [HSJS 2012]
266.What does the expression “transit remand” denote?
(a) It is a transfer of prisoner from one Jail to another
(b) It is a transfer of criminal case from one Court to another
(c) It is taking out an accused by police from one State to another State
(d) It is taking out of the accused from Court to Prison.
Ans. (c) [UJS 2012]
267.Under which section of Cr.P.C. a person who is avoiding
execution of a warrant may be proclaimed absconder?
(a) Section 81
 (b) Section 83
(c) Section 82
(d) Section 84
Ans. (c) [UJS 2002, UK APO 2010,
OJS 2011]
268.Under Section 83(1)(a) of the Code of Criminal Procedure, the
court may order:
(a) proclamation for person absconding before attaching property
(b) attachment of property of person absconding after proclamation
(c) proclamation and attachment simultaneously
(d) proclamation and attachment by separate order
Ans. (b) [DAPP 2010]
269.Which one of the following group of sections of Cr.P.C. deals
with proclamation and attachment?
(a) Sections 88 to 85
(b) Sections 82 to 86
(c) Sections 82 to 90
(d) Sections 80 to 86
Ans. (b) [UJS 2014]
270. Under which Section of the Code of Criminal Procedure a
proclamation for person absconding may be issued?
(a) Section 83
(b) Section 82
(c) Section 81
(d) Section 80
Ans. (b) [UP APO 2002]
271.Which of the following is correct statement of law as per
Sections 82 and 83 of the Code of Criminal Procedure 1973?
(a) The court may order attachment of property belonging to an accused
before declaring him a proclaimed person under Section 82
 (b) The court may order attachment of property of a person after
publication of a written proclamation under Section 82 requiring him
to appear before it
(c) The court may order attachment of property of a person regardless
of whether or not he has been declared proclaimed offender
(d) None of the above
Ans. (b)[RJS 2015, Raj HJS 2015]
272.Penalty for non-appearance in a case where a declaration has
been made under Section 82(4) of the Code of Criminal
Procedure, 1973 pronouncing a person as a proclaimed offender
is provided under
(a) Section 175A of the Indian Penal Code, 1860
(b) Section 174A of the Indian Penal Code, 1860
(c) Section 173A of the Indian Penal Code, 1860
(d) Section 172A of the Indian Penal Code, 1860
Ans. (b) [PJS 2015]
273.When Warrant also cannot be executed the court may proceed
under
(a) Section 83 and 84 of Cr.P.C.
(b) Section 82 and 83 of Cr.P.C.
(c) Section 81 and 82 of Cr.P.C.
(d) Section 80 and 81 of Cr.P.C.
Ans. (b) [JJS 2016]
274.In the Cr.P.C. the procedure of proclamation for persons
absconding and attachment of property is provided under:—
(a) Section 61 to 79
(b) Section 70 to 81
(c) Section 82 to 86
(d) Section 87 to 90
Ans. (c) [MP APPO 2009]
275.Under which section, court can issue proclamation for declaring
a person absconder under the Criminal Procedure Code?
 (a) Section 80
(b) Section 82
(c) Section 83
(d) Section 84
Ans. (b) [Raj APP 2005]
276.A warrant of arrest and a proclamation under section 82 of
Cr.P.C. were issued simultaneously and later a consequential
order of attachment under section 83 was also issued. What is
the legality of these orders?
(a) All the orders are perfectly legal
(b) The order under section 82 is legal but order under
(c) The order under section 82 is illegal and improper vitiating the
consequential order of attachment
(d) None of the above
Ans. (c) [UP APP 2009]
277.Period of appearance for proclamation issued under Section 82
of Cr.P.C. is not less than—
(a) 15 days
(b) 30 days
(c) 60 days
(d) 90 days
Ans. (b) [UP HJS 2012]
278.A proclamation under Section 82 of Cr.P.C. can be issued
against a person against whom a warrant has been issued. Thus
a proclamation can be issued against
(a) accused offender
(b) a surety
(c) a witness
(d) all the above
Ans. (d)[UP HJS 2014, HJS 2010]
279.If any court has reason to believe that a person against whom a
warrant is issued is absconding or concealing himself, the court
 may issue a proclamation. The person above mentioned should
be
(a) accused
(b) witness
(c) any person
(d) any of above
Ans. (d) [DJS 2007]
280.Under which section of Cr.P.C. an order from attachment of
property of person absconding may be passed at any time after
the issue of the proclamation?
(a) Section 83
(b) Section 82
(c) Section 84
(d) Section 85
Ans. (a) [UJS 2002]
281.Attachment of the property of the person absconding, can be:
(a) issued after publication of the proclamation
(b) issued before publication of the proclamation
(c) issued simultaneously with the issue of proclamation
(d) all of the above
Ans. (c) [KCJ 2012]
282.What is the time limit prescribed within which claims and
objections to attachment to be made under CrPC?
(a) 6 months
(b) 60 days
(c) 1 year
(d) 3 years
Ans. (a) [JJS 2014]
283.In order to compel appearance of a person who is absconding
in spite of a warrant of arrest being issued against him, his
property may be ordered to be attached simultaneously with
issuance of a proclamation under Section 82 of the Code of
 Criminal Procedure, provided that the court is satisfied that
such person is
(a) about to dispose of the whole or any part of his property.
(b) about to remove the whole or any part of property from the local
jurisdiction of the Court.
(c) Either condition in (a) or (b) exists.
(d) Both conditions in (a) and (b) co-exist.
Ans. (c) [DJS 2014]
284.Claims and objections to attachment of property to a person
absconding must be preferred within how much period?
(a) Six months
(b) One year
(c) Two years
(d) Three years
Ans. (a) [DAPP 2005]
285.Under which Section of Cr.P.C. the attachment of property of
the person absconding is made?
(a) Section 82
(b) Section 83
(c) Section 84
(d) Section 85
Ans. (b)[MP APPO 2008]
286.Attachment of land paying revenue to the State Government of
a person absconding shall be made:—
(a) by taking possession
(b) by appointing a receiver
(c) through Collector of the district where land is situated
(d) by any other means deemed fit
Ans. (c) [Raj APP 2007]
287.Under Section 83 of the criminal Procedure Code any person
other than the proclaimed offender can file objections relating
 to attachment of property. What will be the time limit from the
date of attachment?
(a) One year
(b) One month
(c) Six months
(d) Three months
Ans. (c) [Raj APP 2005]
288.A proclaimed person whose property has been attached can
claim the property or the sale proceeds on appearance within
(a) 6 months of attachment
(b) 2 years of attachment
(c) 3 years of attachment
(d) 1 year of attachment
Ans. (b) [UJS 2012]
289.Warrant may be issued in lieu or in addition to summons
“Recording of reasons in writing” is a condition precedent.
(a) Is this statement true
(b) Is this statement not true
(c) Depends on discretion of Court
(d) There is no such provision
Ans. (a) [MPJS 2007]
290. Every warrant of arrest shall remain in force until:
(a) It is executed
(b) Cancelled by court which issued it
(c) It expires on its own
(d) Only (a) and (b) are correct
Ans. (d) [HADA 2016]
291.When an irregularity caused by a competent Magistrate in
doing one of the following work, would make the proceedings
void under the Cr.P.C.?
(a) To issue search-warrant under Section 94
(b) To order, under Section 155, the police to investigate an offence
 (c) Attaches and sells property under Section 83
(d) To tender pardon, under Section 306 to an accomplice for the
purpose of obtaining evidence
Ans. (c) [MP APPO 2009]
292.Under the Code of Criminal Procedure 1973 the Court is
empowered to summon any person as a witness.
(a) only at the stage of inquiry and trial
(b) only at the stage of trial.
(c) only at the stage of inquiry or other proceeding.
(d) at any stage of inquiry, trial or other proceeding.
Ans. (d)[UPSC CBI PP 2010]
293.Where the defendant is confined in a prison, the summons shall
be delivered or sent to
(a) the person concerned
(b) the family of the person
(c) the officer in charge of the prison for service on defendant
(d) the advocate of the person
Ans. (c) [HSJS 2012]
294.The Court may compel the attendance of any person to whom
summons have been issued under the provisions of Cr.P.C. and
for that purpose
(a) issue a warrant, attach and sell his property
(b) issue a warrant only
(c) issue a warrant, attach and sell his property and order him to furnish
security
(d) issue a warrant, attach and sell his property and order him to
surrender
Ans. (a) [PSJS 2012]
CHAPTER VII
PROCESSES TO COMPEL THE PRODUCTION OF THINGS
[Sections 91-105]
295.Section 91 of the Code of Criminal Procedure 1973, does not
apply to
(a) The complainant
(b) The witness
(c) The accused
(d) A person who is neither a complainant or accused or a witness
Ans. (c) [UJS 2015]
296.Under which one of the following of Criminal Procedure Code,
1973 summons to produce documents may be issued to the
person in whose possession they are?
(a) Section 90
(b) Section 95
(c) Section 94
(d) Section 91
Ans. (d) [UK APO 2010]
297.Under which Section of Cr.P.C. a search warrant is issued?
(a) Section 92
(b) Section 93
(c) Section 94
(d) Section 96
Ans. (b) [UJS 2010]
298.Section ................ of the Code of Criminal Procedure, 1973
provides when search warrant may be issued by the Court.
(a) 92
(b) 93
(c) 95
(d) None of the above
Ans. (b) [PJS 2015]
299.‘Search-warrant’ is issued under Section of Cr.P.C?
(a) Section 93
(b) Section 95
(c) Section 100
 (d) Section 105
Ans. (a)[MP APPO 2008]
300.Any property which may be alleged or suspected to have been
stolen
(a) cannot be seized by a police officer
(b) can be seized by a police officer
(c) can be sold by a police officer
(d) can be appropriated by a police officer
Ans. (b) [BJS 2000]
301. To set aside forfeiture under Section 95 of the Criminal
Procedure Code, application may be given to the—
(a) Sessions Court
(b) High Court
(c) Supreme Court
(d) Any of these
Ans. (b) [MP APO 2002]
302.Where court has no knowledge about the document or thing to
be in the possession of any person? Whether the court can issue
search warrant in such condition:
(a) No
(b) Only in such condition when it is known about the specific article
(c) Yes
(d) When specific place or person is specified
Ans. (c) [CJS 2003]
303.A declaration of forfeiture under Section 95 of the Code of
Criminal Procedure can be set aside by:
(a) Magistrate issuing the search warrants
(b) Chief Judicial Magistrate/Chief Metropolitan Magistrate
(c) Court of Sessions
(d) High Court
Ans. (d)[DAPP 2010, UJS 2012]
304.On a declaration of forfeiture of a book by the State
Government under Section 95 of the Code of Criminal
Procedure, the application to set aside lies to the:
(a) District Magistrate
(b) Chief Judicial Magistrate
(c) District & Sessions Judge
(d) High Court
Ans. (d) [RJS 2016]
305.To set aside the declaration of forfeiture under Section 95
Cr.P.C. application may be given to the:—
(a) Sessions Court
(b) High Court
(c) Supreme Court
(d) None of these
Ans. (b)[MP APPO 2009]
306.To set aside the forfeiture under Section 95 of the criminal
procedure code, application may be given to the:—
(a) Sessions Court
(b) High Court
(c) Supreme Court
(d) Any of these
Ans. (b)[MP APPO 2003]
307.A declaration of forfeiture under Section 95 of Cr.P.C. can be
set aside by:
(a) Magistrate issuing the search warrant
(b) Chief Judicial Magistrate
(c) Court of Sessions
(d) High Court
Ans. (d) [HPJS 2007-II,
UP APO 2011]
308.Under Section 97 of the Code of Criminal Procedure search
warrant to find out a person can be issued if:
 (a) The person is absconding
(b) The person is unlawfully confined
(c) The person is missing
(d) Whereabouts of such a person are not known
Ans. (b) [MPJS 2012]
309.Who among the following can issue search-warrant under Code
of Criminal Procedure, 1973, if there is a reason to believe that
any person is confined and such confinement amounts to an
offence?
(a) High Court
(b) Sessions Court
(c) District Magistrate
(d) All of above
(e) None of these
Ans. (c) [PJS 2017]
310.Which provision of the Cr.P.C. 1973 resembles the writ of
Habeas Corpus?
(a) Section 93
(b) Section 97
(c) Section 91
(d) Section 96
Ans. (b)[UP PCS CJ 2006, HJS 2014]
311.To whom, as per Section 98 of the Code of Criminal Procedure,
a complaint on oath for restoration of an abducted female child
to the person having her lawful charge, may be presented?
(a) The District Magistrate
(b) The Sub Divisional Magistrate
(c) The Magistrate First Class
(d) All the above
Ans. (d) [RCJ 2014]
312.Which of the following is not an essential search-procedure
under Section 100 of the Code of Criminal Procedure, 1973:
 (a) Joining of two independent and respectable inhabitants of the locality
in the search as witnesses.
(b) Signing of search-memo by the witnesses to search.
(c) Attendance of occupant of the place during the search.
(d) Signature of the accused on the search-list.
Ans. (d)[DJS 2010, 2014]
313.Under Section 102 of Cr.P.C. who is authorized to seize stolen
property?
(a) Police officer
(b) Judicial magistrate
(c) Executive magistrate
(d) Special magistrate
Ans. (a) [CJS 2014]
314.Can a Magistrate order the search of any place in his presence,
for the search of which he is empowered to issue a search
warrant?
(a) Yes, under section 103 Cr.P.C.
(b) Yes, under section 104 Cr.P.C.
(c) No
(d) Yes, under section 105 Cr.P.C.
Ans. (a) [UP APO 2006,
UP APP 2006]
315.Whether any criminal court can impound any document
produced before it:
(a) Yes
(b) No
(c) Only civil court can impound
(d) With the consent of the senior officer it can be impounded.
Ans. (a) [CJS 2003,
UP APO 2006, UP APP 2006]
316. A court may issue a search warrant
 (a) where such document is not known to the court to be in possession
of any person
(b) where the court consider that the purpose of any inquiry, trial or
other proceeding will be served by general search or inspection
(c) where the court has reason to believe that a person upon requisition
will not or would not produce the document or thing
(d) all of the above
Ans. (d) [DJS 2007]
317.Who amongst the following is not competent under Section 92
of Cr.P.C. to order the postal or telegraph authorities to deliver
the documents/thing?
(a) Judicial Magistrate
(b) District Magistrate
(c) Metropolitan Magistrate
(d) None of these
Ans. (b) [HPJS 2007-II]
318.Whether the Court can issue search warrant where it has no
knowledge about the document or thing to be in the possession
of any person?
(a) No
(b) Only when it comes to know about the specific article
(c) Yes
(d) When specific place or person is specified
Ans. (c) [PJS 2011]
319.Whether a Criminal Court can impound any document produced
before it:
(a) Yes
(b) Only civil court can impound
(c) No
(d) Only with the consent of police officer
Ans. (a) [PJS 2011]
320.Who is authroised under Cr.P.C. to grant a warrant to search
for a document, parcel or other thing in the custody of the
Postal or Telegraph Authority?
(a) District Magistrate
(b) Chief Judicial Magistrate
(c) Both (a) and (b)
(d) Magistrate Ist Class
Ans. (c) [HPJS 2012]
321.Who can issue a search warrant to search a Post Office?
(a) District Magistrate
(b) Civil Court
(c) Revenue Court
(d) High Court
Ans. (a)[UP PCS CJ 2013]
322.The principle that accused cannot at the stage of framing
charge invoke Section 91 was laid down in—
(a) State of Orissa v. Debendra Nath Padhi
(b) Satish Mehra v. Delhi Administration
(c) K.M. Mathew v. K.A. Abraham
(d) Adalat Prasad v. Rooplal Jindal
Ans. (d) [MP HJS 2010]
CHAPTER VIII
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
[Sections 106-124]
323.Which of the following courts, can under Section 106 Cr.P.C.
release a convict on security for keeping the peace and good
behaviour?
(a) Sessions Courts
(b) Magistrate Ist Class
(c) Appellate or Revisional Court
(d) All the above
Ans. (d) [PJS 2011]
324.Under which Section of Criminal Procedure Code, provision for
security for keeping the peace on conviction exists?
(a) Section 108
(b) Section 106
(c) Section 109
(d) Section 111
Ans. (b)[UP PCS CJ 2013]
325.Who among the following may ask for security for keeping
peace on conviction?
(a) Sub-divisional Magistrate
(b) District Magistrate
(c) Executive Magistrate
(d) First Class Judicial Magistrate
Ans. (d) [JJS 2014]
326.Power to order execution of bond for behavior under Section
106 of Cr.P.C. is vested in
(a) only judicial magistrate
(b) only police commissioner
(c) only executive magistrate
(d) None of these
Ans. (d) [CJS 2014]
327.Under Section 106 of the Criminal Procedure code which of the
following courts has power to release the offender on security
for keeping the peace and for good behaviour?
(a) Sessions Court
(b) Magistrate 1st Class
(c) Appellate or Revisional Court
(d) All of the above
Ans. (d) [MP APO 2002,
MP APPO 2003]
328.For what offence, a convicted person may be asked to execute
a bond for keeping peace?
 (a) Unlawful assembly
(b) Rioting
(c) Criminal Intimidation
(d) All of these
Ans. (d)[MP APPO 2008]
329.What is the extent of period of security which a Court can order
under Section 106 of Cr.P.C.—
(a) Not exceeding three years
(b) Not exceeding six months
(c) Not exceeding two years
(d) Not exceeding one year
Ans. (a) [Raj APP 2007]
330. In proceeding under Section 107 of Code of Criminal Procedure
an Executive Magistrate may require to execute a bond for
keeping peace for such period, not exceeding—
(a) One year
(b) Two years
(c) Three years
(d) Six months
Ans. (a) [MP PCS 2001, HPJS 2015]
331.Under Section 107 of the Code of Criminal Procedure, Executive
Magistrate can obtain bond from a person if
(a) The person is habitual offender
(b) The person is likely to abscond
(c) The person is likely to commit a breach of peace
(d) The person frequently quarrels with his neighbour
Ans. (c) [MPJS 2012]
332.What is the maximum period for which a bond, for keeping
peace under Section 106 of Cr.P.C., may be executed?
(a) Three years
(b) Two years
(c) Six months
 (d) Three months
Ans. (a)[MP APPO 2008]
333.Security for good behaviour from persons disseminating
seditions matter is taken by a Magistrate under:—
(a) Section 105, Cr. P.C.
(b) Section 106, Cr. P.C.
(c) Section 107, Cr. P.C.
(d) Section 108, Cr. P.C.
Ans. (d) [Raj APP 2007]
334.An Executive Magistrate can order to execute a bond as
security for good behaviour from suspected person for a period
not exceeding
(a) one year
(b) six months
(c) two years
(d) one month
Ans. (a) [UJS 2012]
335.Which one of the following Magistrate is authorised under
section 110 Cr.P.C. to require security for good behaviour from
habitual offenders within his local jurisdiction;
(a) Judicial Magistrate First Class
(b) Chief Judicial Magistrate
(c) District Magistrate
(d) Executive Magistrate
Ans. (d) [HJS 2013]
336.The Bond under section 109 Cr.P.C. as security for good
behaviour from suspected person can be executed for a period
not exceeding:
(a) six months
(b) two years
(c) one year
(d) three months
 Ans. (c) [CJS 2016]
337.Who has the power to require security for good behaviour from
suspected persons?
(a) Judicial Magistrate of the First Class
(b) Executive Magistrate
(c) District Judge
(d) Superintendent of Police
Ans. (b)[MP APPO 2008]
338.Which one of the following offences has not been enumerated
under Section-110 of the Cr.P.C., 1973 which empowers an
Executive Magistrate to require such person to show cause why
he should not be ordered to execute a bond for his good
behaviour?
(a) Drugs and Cosmetics Act, 1940
(b) Dowry Prohibition Act, 1961
(c) Foreign Exchange Regulation Act, 1973
(d) Untouchability (Offences) Act, 1955
Ans. (b)[UP PCS CJ 2006]
339. Habitual offender is one who
(a) habitually commits offence
(b) habitually remains in company of habitual offenders
(c) deals with and gives asylum to habitual offenders
(d) commits offences mentioned in section 110 and against whom record
of commission of more than two offences is available at the time of
initiation of proceeding against him
Ans. (d) [RJS 2011]
340.An Executive Magistrate is empowered to secure a Security
Bond from habitual offenders under Section 110 of Cr.P.C. for a
period not exceeding:
(a) one year
(b) two years
(c) three years
 (d) none of these
Ans. (c) [HPJS 2012]
341.Which one of the following sections of the Cr.P.C. provides as to
security for good behaviour from habitual offenders?
(a) Section 110
(b) Section 109
(c) Section 108
(d) None of the above
Ans. (a) [UJS 2014]
342.What is the maximum period, under Section 110 of CrPC, for
furnishing security prescribed for keeping good behaviour?
(a) 6 months
(b) 1 year
(c) 2 years
(d) 3 years
Ans. (d) [JJS 2014]
343. Which of the following Magistrates can order the habitual
offenders of robbery or house breaking to execute a bond with
or without sureties?
(a) Judicial Magistrate IInd Class
(b) Judicial Magistrate Ist Class
(c) Executive Magistrate
(d) Any of these
Ans. (c) [MP APO 2002,
MP APPO 2003]
344.Under which section of code of Criminal Procedure security is
taken of good behaviour from habitual offenders?
(a) Section 109
(b) Section 110
(c) Section 111
(d) Section 112
Ans. (b) [UP APP 2009]
345.Security for good behaviour from habitual offenders may be
taken by the Executive Magistrate under which of the following
Sections of the Criminal Procedure Code?
(a) Section 110
(b) Section 109
(c) Section 107
(d) Section 133
Ans. (a)[MP APPO 2009]
346.Which of the following statements is incorrect about security
for good behaviour from habitual offender?
(a) Only executive magistrate can order to execute a bond
(b) Such bond must be with sureties
(c) Such bond may be without sureties
(d) Such bond must not be exceeding three years
Ans. (c) [Jhar APP 2012]
347.If a person in respect of whom an order requiring security is
made under Section 106 or 117 of Cr. P. C. is, at the time such
order is made, undergoing a sentence of imprisonment, the
period for which such security is required shall commence:—
(a) on the expiration of such sentence
(b) concurrently
(c) at no time
(d) on the date determined by the Court
Ans. (a) [Raj APP 2007]
348.Match list-I with List-II and select the correct answer using the
code given below
List-I List-II
(a) Security for keeping 1. S-110
peace on conviction
(b) Security for good 2. S-107
behaviour from
suspected persons
(c) Security for good 3. S-109
behaviour from
habitual persons
(d) Security of keeping 4. S-106
peace in other cases
Code:
(a) (b) (c) (d)
(a) 2 3 1 4
(b) 4 3 1 2
(c) 1 2 3 4
(d) 4 1 2 3
Ans. (b) [UP PCS 2003]
349.In which of the following cases, it was held that provisions of
chapter VIII of Cr.P.C. being in public interest are not violative
of Article 19 of the Constitution of India.
(a) Ram Charan v. State
(b) Shiv Narain v. Ban Mali
(c) Madhu Limaye v. S.D.M., Monghyr
(d) Ram Prasad v. Emperor
Ans. (c) [UP APO 2006,
UP APP 2006]
350.If a person keeps for sale any obscene matter, who may require
him to execute a bond for behaviour?
(a) Judicial Magistrate-First Class
(b) Executive Magistrate
(c) Police Officer
(d) Civil Judge
Ans. (b)[MP APPO 2008]
CHAPTER IX
ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
[Sections 125-128]
351.No wife shall be entitled to receive maintenance from her
husband under section 125 Cr.P.C. if:
(a) She has obtained divorce from her husband and has not remarried
(b) She is unable to maintain herself
(c) She refused to live with her husband on the ground that he keeps a
mistress
(d) She is living in adultery
Ans. (d) [MP PCS 1996,
CJS 2004, HPJ 2009
352.In which of the following cases it was held by the Supreme
Court that Sec. 125 Cr.P.C. was applicable to all irrespective of
their religion?
(a) Mohd. Amhed Khan v. Shah Bano Begum
(b) Mod. Umar Khan v. Gulshan Begum
(c) Subana alias Saira Banu v. A.M. Abdul Gafoor
(d) Sirajmohamed Khan v. Hafizunnissa Yaseen Kahn
Ans. (a) [UJS 2002]
353.Only one statement in true amongst the following:
(a) If any person having sufficient means neglects or refuses to maintain
his mother she can apply under section 125 Cr.PC.
(b) Only wife can get relief under section 125 Cr.PC.
(c) Only the children will get order under section 125 Cr.PC.
(d) No order of maintenance can pass under section 125 Cr.PC.
Ans. (a) [CJS 2003]
354.In which case has the Supreme Court held that Section 125
Cr.P.C. was applicable to all irrespective of their religion?
(a) Mohd. Umar Khan v. Gulshan Begum
(b) Mohd. Ahmed Khan v. Shah Bano Begum
(c) Mst. Zohara Khatoon v. Mohd. Ibrahim
(d) Noor Saba Khatoon v. Mohd. Quasim
Ans. (b) [UP PCS 2003]
355.In which case it was held that second wife of a person, whose
husband’s first wife is alive cannot claim maintenance from her
husband under S. 125 Cr.P.C. 1973?
(a) State of Haryana v. Santra
(b) Mahera Biswas v. Sewegata Biswas
(c) Khemchand Om Prakash v. State of Gujarat
(d) None of the above
Ans. (c) [UJS 2006]
356.Who amongst the following is not entitled for maintenance
under Section 125 Cr.P.C. 1973?
(a) Illegitimate minor child
(b) Divorced wife
(c) Father
(d) Uterine brother
Ans. (d) [UJS 2006,
Chatt ADPPO 2008]
357.A minor child claims maintenance under Section 125 Cr.P.C.,
1973 from his father who is in U.S.A. The Court directed the
Magistrate to issue warrant for recovery of amount of
maintenance from concerned parents in U.S.A. through Indian
Ambassador in U.S.A. It was also held by the Court that if father
fails to send the amount of maintenance, then the Magistrate
will proceed according to law. This was held in:
(a) Piyal v. Pradeep Kumar Kamboj, 2000
(b) Sargam Bonia Sreenu v. Kamal, 2000
(c) Din Dayal v. Arun Kumar, 2000
(d) Ashok Kumar v. Kirpal Singh, 2000
Ans. (a) [UJS 2006]
358.Who of the following cannot claim maintenance under Section-
125(4) of the Cr.P.C.?
(a) Wife living in adultery
(b) Wife living separately by mutual consent
 (c) Both (a) and (b)
(d) Either (a) or (b)
Ans. (c)[UP PCS CJ 2006]
359.Who among the following is not entitled to claim maintenance
under Section-125 Cr.P.C.?
(a) Divorced wife so long as she does not marry
(b) Unmarried sister
(c) Adoptive mother
(d) Illegitimate minor child
Ans. (b)[UP PCS CJ 2006]
360.Which of the following statements is not correct, with reference
to section 125 of the code of criminal procedure?
(a) Section 125 cannot be used against a person who does not possess
sufficient economic means
(b) The obligation to maintain a minor married daughter whose husband
is unemployed, is of the father of such daughter
(c) A married daughter also has an obligation to maintain her parents
who are unable to maintain themselves
(d) A woman who has taken divorce from her husband and has not
remarried may claim maintenance from her ex-husband
Ans. (b) [UP APO 2006,
UP APP 2006]
361.Under Section 125 of the Code of Criminal Procedure, a
Magistrate
(a) has the power to grant interim maintenance and the expenses of the
proceedings
(b) has no power to grant interim maintenance and the expenses of the
proceedings
(c) his power to grant interim maintenance but no power to grant
expenses of the proceedings
(d) has no power to grant interim maintenance but has the power to
grant expenses of the proceedings
 Ans. (a) [UP APO 2006,
UP APP 2006]
362.A person having sufficient means, rejecting to maintain his
parents is liable to
(a) maintain the parents
(b) arrest
(c) forfeiture of his property
(d) all of the above
Ans. (a) [DJS 2007]
363.Who may claim for maintenance under Section 125 of CrPC?
(a) Wife who has her own source of income
(b) Illegitimate minor child
(c) Stepson or daughter
(d) Brother and sister
Ans. (b) [MPJS 2007]
364.Who amongst the following is not entitled for maintenance
under Section 125 of the Code of Criminal Procedure, 1973?
(a) Illegitimate minor child
(b) Divorced wife
(c) Uterine brother
(d) Father
Ans. (c) [HPJS 2007-I]
365.In which one of the following cases the Supreme Court has held
that a married daughter with independent sufficient means of
her own is liable to maintain her father or mother under section
125 of the Code of Criminal Procedure, 1973?
(a) Sundeep Chaudhary v. Radha Chaudhary
(b) Vijay Manohar Arbat v. Kashi Rao Rajaram Sawai
(c) Rewati Bai v. Jogeshwar
(d) K.V. Rudraiah v. B.S. Mudda Gangamma
Ans. (b) [HPJS 2007-I]
366.If a husband has contracted marriage with another woman or
keeps a mistress
(a) is just ground for his wife to refuse to live with him
(b) is not just ground for his wife to live with him
(c) is just ground for his wife to marry another person
(d) is just ground for the husband to seek divorce
Ans. (a) [BJS 2000]
367.A Magistrate making an order of alteration of the amount of
maintenance
(a) may increase the amount above
Rs. 500/- per month
(b) cannot increase the amount in excess of Rs. 500/-
(c) can dismiss the application in limine
(d) can increase the amount without hearing the parties
Ans. (a) [BJS 2000]
368.Who actually can get maintenance under Section 125 of the
Cr.P.C.
(a) Wife who refuses to live with her husband
(b) Wife living separately with mutual consent
(c) Wife employed in government department
(d) Divorced wife unable to maintain herself
Ans. (d) [DJS 2008]
369.Who can pass the Order under provision of Section 125 of
Cr.P.C.
(a) First class J.M.
(b) Only C.J.M.
(c) Only District Judge
(d) Only D.M.
Ans. (a) [DJS 2008]
370. Which of the following cannot claim maintenance under
Section 125 of the Criminal Procedure Code?
(a) Wife who cannot maintain herself
 (b) Mother or father who cannot maintain herself or himself
(c) Major married daughter who cannot maintain herself
(d) Minor illegitimate daughter who cannot maintain herself
Ans. (c) [MP APO 2002, HPJ 2009,
MP APPO 2003, PJS 2011]
371.A ............ is not entitled to maintenance under Section 125 of
the Code of Criminal Procedure, 1973.
(a) Wife unable to maintain herself
(b) Divorced wife (not re-married)
(c) Minor daughter
(d) Divorced wife re-married
Ans. (d) [MPJS 2009]
372.Which of the following are liable under Section 125(1)(d) of the
Code of Criminal Procedure for payment of maintenance to their
parents, who are unable to maintain themselves?
(a) Sons only
(b) Daughters only
(c) Sons and daughters both
(d) None of the above
Ans. (c) [UJS 2009]
373.According to Section 125 of the Code of Criminal Procedure, a
magistrate of the first class can order a monthly allowance for
maintenance of persons mentioned therein for:
(a) not more than Rs. 500
(b) not more than Rs. 1,500
(c) not more than Rs. 5,000
(d) the amount as the magistrate may deem fit and proper in the case
with no limitation on the maintenance amount to be awarded
Ans. (d) [DAPP 2010]
374.Under the Muslim Women (Protection of Rights on Divorce) Act,
the option to be governed by the provision of Section 125 Cr.PC,
may be given by the parties
 (a) jointly
(b) separately
(c) either jointly or separately
(d) none of the above
Ans. (c)[PJS 2010, UJS 2014]
375.In which case Supreme Court held that only a legally wedded
wife can claim maintenance under Section 125 of Criminal
Procedure Code?
(a) Savitaben Somabhai Bhatia v. State of Gujarat
(b) S.K. Butt v. State of U.P.
(c) Rajeev Choudhary v. State
(d) Janak Singh v. State of U.P.
Ans. (a) [UJS 2010]
376.Monthly amount of Maintenance under Section 125 of Cr.P.C. is
(a) Rs. 500
(b) Rs. 1,000
(c) Rs. 5,000
(d) without any limit
Ans. (d) [UJS 2010]
377.Who among the following cannot claim the maintenance under
Section 125 of the Code of Criminal Procedure?
(a) Illegitimate minor daughter from her father
(b) Destitute wife from her husband
(c) Major son from his father
(d) Disabled parents from their son
Ans. (c) [MJS 2011]
378.To seek compliance of maintenance order, an aggrieved party
must make an application to the court within the period of:
(a) Three months
(b) Six months
(c) One year
(d) None of these
 Ans. (c) [HPJS 2012]
379.Which court has the power to grant maintenance to wife,
children and parents under Cr.P.C.?
(a) Session Court
(b) Court of Magistrate Ist Class
(c) Court of Magistrate IInd Class
(d) Court of Chief Judicial Magistrate
Ans. (b) [HPJS 2012]
380.Under Section 125 of the Court can order to make a maximum
monthly allowance for the maintenance up to
(a) Rs. 3,000
(b) Rs. 4,000
(c) Rs. 5,000
(d) Unlimited
Ans. (d) [MPJS 2012]
381.In which of the following case the Supreme Court held that
Section 125 of the CrPC was applicable to all irrespective of
their religion?
(a) Mohd. Tajuddin v. Qamruddin Begum
(b) Teja Singh v. Chhatto
(c) Mohd. Ahmad Khan v. Shah Bano Begum
(d) Mst. Zohra Khattoan v. Mohd. Ibrahim
Ans. (c)[UJS 2012, UP PCS CJ 2012]
382.Which of the following person cannot claim maintenance under
Section 125 of Cr.P.C.
(a) A legitimate child who after attaining majority cannot maintain
himself by reason of economic hardship
(b) An illegitimate child who after attaining majority cannot maintain
himself by reason of economic hardship
(c) Both (a) and (b)
(d) None of the above
Ans. (c) [HJS 2013]
383. Which of the following statements is true?
(a) Under Section 125 Cr.P.C. only a lawful wife is entitled to
maintenance
(b) Imprisonment for non-payment of maintenance is a punishment
(c) A compromise entered into by the parties after the court has passed
an order for maintenance under Section 125 Cr.P.C. cannot be taken
notice of by the Court
(d) A parent can file a petition under Section 125 Cr.P.C. in a court
within whose jurisdiction he resides though the son resides beyond
the jurisdiction of that court.
Ans. (b) [KJS 2011]
384.A divorced wife is entitled to maintenance from her husband
(a) Till she remarries
(b) Till her son becomes major
(c) Till she is employed
(d) Till her death
Ans. (a) [MPJS 2012]
385.Remedies under Section 24 of the Hindu Marriage Act, 1955
and Section 125 of the Criminal Procedure Code are
(a) dependent on each other
(b) independent of each other
(c) supplementary to each other
(d) complementary to each other
Ans. (b)[HSJS 2012, Bihar APO 2013,
MP HJS 2014]
386.‘A Muslim woman deserted by her husband without divorce is
entitled to maintenance under Section 125 of the Criminal
Procedure Code’ has been declared by the Supreme Court in the
case of
(a) Chand Patel v. Bismillah Begum (2008)
(b) Mohd. Ahmad Khan v. Shah Bano (1985)
(c) Iqbal Bano v. State of U.P. (2007)
 (d) Shamim Ara v. State of U.P. (2002)
Ans. (b)[Bihar APO 2013]
387.In which of the following cases a wife is not entitled to
maintenance?
(a) If she is living in adultery
(b) If without sufficient reasons refuses to live with her husband.
(c) If the parties are living separately by mutual consent.
(d) All of the above
Ans. (d) [UJS 2014]
388.Who of the following may order for maintenance of wives,
children and parents under Cr.P.C. 1973?
(a) Only Executive Magistrate
(b) Judicial Magistrate 2nd Class
(c) Magistrate of the 1st Class
(d) All of the above
Ans. (c) [UJS 2014]
389.Who is not entitled to any maintenance under Chapter IX of
CrPC
(a) Divorced wife
(b) Judicially separated wife
(c) Illegitimate child
(d) Physically and mentally able adult son
Ans. (d) [JJS 2014]
390.Under Cr.P.C., a Magistrate First Class may order to make a
monthly allowance for the maintenance at the monthly rate of
(a) five hundred rupees
(b) three thousand rupees
(c) five thousand rupees
(d) as Magistrate thinks fit
Ans. (d)[MP (Pre) JS 2013-I]
391.Which of the following persons cannot claim maintenance
under Section 125, Cr.P.C.
 (a) A legitimate child who after attaining majority cannot maintain
himself by reason of economic hardship
(b) Divorced wife who is living in adultery
(c) Wife who takes divorce by mutual consent
(d) All of the above
Ans. (d)[MP (Pre) JS 2013-II]
392.No wife shall be entitled to receive maintenance from her
husband under Section 125 of Code of Criminal Procedure if she
(a) has obtained a divorce from her husband and has not remarried.
(b) is unable to maintain herself.
(c) refused to live with her husband on the ground that he keeps a
mistress.
(d) is living in adultery
Ans. (d) [DJS 2014]
393. Under Section 125 of Cr.P.C.
(a) A daughter can be asked to maintain her father.
(b) A father can be asked to maintain his minor child.
(c) A son can be asked to maintain his father.
(d) All of the above
Ans. (d)[MP (CJ) JS 2014]
394.The Court can forfeit the right of maintenance on the ground of
(a) Re-marriage
(b) Sexual immorality
(c) Only (a) and not (b)
(d) Either (a) or (b)
Ans. (d) [HJS 2014]
395.A “Divorced” Hindu wife can claim maintenance under which of
the following Acts
(a) Hindu Marriage Act only
(b) Hindu Marriage Act and Criminal Procedure Code 1973
(c) Hindu Adoption & Maintenance Act, 1956 and Hindu Marriage Act
(d) In all of the above
 Ans. (b) [UJS 2015]
396.In which case it was held by the Hon’ble Supreme Court that a
married daughter is also liable to maintain her parents?
(a) Visaya Manohar Arhat v. Kashirao
(b) Savita Ben v. State of Gujarat
(c) Kirtikant Vadodario v. State of Gujarat
(d) N.B. Bhikshu v. State of A.P.
Ans. (a) [HPJS 2015]
397.Under Section 125 Cr.P.C., a Magistrate of the First Class can
order a person to make a monthly allowance for the
maintenance of his
(a) Married daughter who has attained majority
(b) Brother
(c) Sister
(d) Father
Ans. (d) [MPJS 2015]
398.Who amongst the following unable to maintain herself due to
physical abnormality cannot claim maintenance under Section
125 Cr.P.C.?
(a) illegitimate minor unmarried daughter
(b) illegitimate major married daughter
(c) illegitimate minor married daughter
(d) illegitimate major unmarried daughter
Ans. (b) [DJS 2015]
399.Under which one of the following Sections of the Criminal
Procedure Code, 1973 monthly allowances or the interim
monthly allowances for maintenance can be altered?
(a) Section 125
(b) Section 126
(c) Section 127
(d) Section 128
Ans. (c)[UP PCS CJ 2015]
400.A wife is not entitled to claim maintenance from her husband
under Section 125 of Criminal Procedure Code if she
(a) is living in adultery
(b) has refused to live with her husband without sufficient reasons
(c) is living separately with mutual consent
(d) All of the above
Ans. (d) [UJS 2016]
401.After enactment of the Muslim Woman (Protection of Rights on
Divorce) Act, 1986, the jurisdiction under Section 125 of the
Criminal Procedure Code, 1973 to grant maintenance to Muslim
women
(a) retained
(b) ceased
(c) limited
(d) None of the above
Ans. (a)[UP PCS CJ 2016]
402.What is the maximum amount of maintenance which can be
ordered by a Magistrate as monthly allowance under Section
125 of the Code of Criminal Procedure, 1973?
(a) Rs. 1000
(b) Rs. 500
(c) Rs. 2000
(d) No limit
Ans. (d) [BJS 2016]
403. Point out most accurate answer:
Under Section 125(4) of Cr.P.C. who among the following
cannot claim maintenance:
(a) Only a wife living in adultery
(b) Only a wife living separately by mutual consent
(c) Both (a) and (b) are correct
(d) Neither (a) nor (b) are correct
Ans. (c)[UJS 2012, HADA 2016]
404.Who among the following is not entitled to claim maintenance
under section 125 of Cr.P.C.?
(a) Wife living in adultery
(b) Major married daughter who can not maintain herself
(c) Both husband and wife living separately by mutual consent
(d) all of these
Ans. (d) [MPCJ 2016]
405.Which of the following cannot be a ground for refusal by
Magistrate to grant ‘Maintenance’ under Section 125 of Code of
Criminal Procedure, 1973, to a wife:
(a) She is living separately by mutual consent.
(b) She is living in adultery.
(c) She is living separately without sufficient reason
(d) She is supported by her parents
(e) None of these
Ans. (d) [PJS 2017]
406.A proceedings under Section 125 Cr.P.C. is essentially a
(a) civil proceedings
(b) quasi criminal proceedings
(c) quasi civil proceedings
(d) criminal proceedings
Ans. (b) [KJS 2011]
407. How much amount of monthly maintenance may be awarded in
favour of a wife under Section 125 of Cr.P.C.?
(a) Three hundred rupees
(b) Four hundred rupees
(c) Five hundred rupees
(d) Any Amount
Ans. (d) [MP PCS 1998]
408. Who amongst the following is not entitled for maintenance
under Section 125 of the Code of Criminal Procedure, 1973?
(a) Illegitimate minor child
 (b) Uterine brother
(c) Father
(d) Divorced wife
Ans. (b) [UP APO 2002]
409.Point out incorrect answer—Under Section 125(4) Cr.P.C. wife
will not be entitled to maintenance allowance if:
(a) She is living in adultery
(b) She refuses to live with her husband without sufficient reason
(c) She is living separately by mutual consent
(d) She embraces some other religion
Ans. (d) [UP APO 2002]
410. Now under Section 125 of Criminal Procedure Code what
payments per month can be ordered for maintenance?
(a) 50% on the basis of salary of the person
(b) Upto Rs. 500
(c) Upto Rs. 3,000
(d) As the Magistrate deems necessary in the circumstances
Ans. (d) [MP APO 2002,
MP APPO 2003]
411.Under Section 125 of the Cr.P.C. the maximum amount of
maintenance payable per month is:
(a) Rs. 500
(b) Rs. 1000
(c) Rs. 5000
(d) There is no prescribed limit
Ans. (d)[DU LLM Entrance 2012]
412.The maximum limit of Rs. 500 that could be paid to the wife as
maintenance under S. 125 of the Cr. P.C., 1973 was removed in:
(a) 1973
(b) 1989
(c) 2001
(d) 2007
 Ans. (c)[DU LLM Entrance 2010]
413.A woman whose marriage has been annulled by a decree of
nullity under the Hindu Marriage Act, 1955 seeks maintenance
under section 125 of Cr.P.C. as against her husband. Which one
of the following statements is correct?
(a) The woman would succeed as the provision is applicable to all
women
(b) The woman would succeed as even an ex-wife can claim
maintenance
(c) The woman would succeed as her marriage was brought to an end
through judicial process
(d) The woman will not succeed as an ex-wife.
Ans. (b)[DU LLM Entrance 2009]
414. Section 125 of Cr.P.C. is applicable to
(a) Hindus
(b) Muslims
(c) Christians
(d) all persons belonging to all religions
Ans. (d)[CLAT LLM 2015]
415.Under Section 125 of the Cr.P.C. a person cannot be asked to
maintain the following:
(a) His wife who has obtained divorce from him
(b) His minor illegitimate children
(c) His siblings
(d) His parents
Ans. (c)[DU LLM Entrance 2012]
416.Which one of the following Magistrate is authorized to decide
maintenance under section 125 of the Code of Criminal
Procedure, 1973
(a) Any Judicial Magistrate
(b) Executive Magistrate
(c) 1st class Magistrate
 (d) 2nd class Magistrate.
Ans. (c)[CLAT LLM 2013]
417. Point out wrong answer:—
An order maintenance may be passed under section 125 of
Cr.P.C. where a person neglects or refuses to maintain:—
(a) his wife even if living separately by mutual consent
(b) his legitimate or illegitimate minor child
(c) his legitimate or illegitimate child who is by reason of any physical or
mental abnormality or injury, unable to maintain itself
(d) his father or mother
Ans. (a) [UP APP 2009]
418.In which case the Supreme Court held that Section 125 Cr.P.C.
is applicable to all, irrespective of their religion?
(a) Mohd. Umer Khan v. Gulson Begam
(b) Zohara Khatoon v. Mohd. Ibrahim
(c) Mohd. Ahmad Khan v. Sahbano Begam
(d) Noor Saba Khatoon v. Mohd. Quasim
Ans. (c) [MP APPO 2009]
419.Under Section 125 of Cr.P.C., Provision for maintenance of wife,
children and parents is made. In the state of Madhya Pradesh
who else can claim maintenance under this section?
(a) Minor younger brother
(b) Uncle unable to maintain himself
(c) Grand parents
(d) Widow sister
Ans. (c) [MP APPO 2008]
420.The maximum amount of maintenance provided under the Code
of Criminal Procedure is:—
(a) Rs. 500
(b) Rs. 5,000
(c) Rs. 1,000
(d) No Fixed amount
 Ans. (d)[Chhat ADPPO 2008]
421.Under the provisions of Section 125(4) criminal procedure
code, who of the following cannot claim maintenance from her
husband:—
(a) wife herself earning money
(b) wife living separately by mutual consent
(c) woman, who has been divorced by her husband and has not
remarried
(d) woman, who has obtained divorce from her husband and has not
remarried.
Ans. (b)[Chhat ADPPO 2006]
422.For the purpose of Section 125, Cr. P. C., minor means a person
who has:—
(a) not attained the age of 14 years
(b) not attained the age of 16 years
(c) not attained the age of 18 years
(d) not attained the age of 21 years
Ans. (c) [Raj APP 2007]
423.For the maintenance under Section 125, Cr.P.C., the definition
of ‘wife’ includes:—
(a) divorced wife who is not remarried
(b) wife living separately with the consent of husband
(c) divorced wife who is re-married
(d) wife living in adultery
Ans. (a) [Raj APP 2007]
424.Against the Order of Magistrate under Section 125, Cr.P.C., the
remedy is:—
(a) Appeal in the Court of District and Sessions Judge
(b) Revision in the Court of District and Sessions Judge
(c) Appeal in High Court
(d) Revision in High Court
Ans. (b) [Raj APP 2007]
425.When wife will be entitled for claiming maintenance?
(a) When husband and wife are living separately by mutual consent
(b) When she is leading adulterous life
(c) When she is income-tax payee
(d) When she has got divorce
Ans. (d) [Raj APP 2005]
426.If a divorced woman claims maintenance from her husband
(a) she will succeed, if she is not a Muslim
(b) she will succeed even if she is a Muslim
(c) she will not succeed at all
(d) the husband is not bound to maintain her now
Ans. (b) [Jhar APP 2012]
427.In which of the following cases it was held that “The amount
awarded under Section 125 Cr.P.C. for maintenance was
adjustable against the alimony amount awarded in matrimonial
proceeding under Section 24 of the Hindu Marriage Act, 1955
and was not to be given over and above the same.”?
(a) Satya v. Teja Singh
(b) Yamuna Bai v. Anant Rao
(c) Sudeep Chaudhary v Radha Chaudhary
(d) Rewati Bai v. Jogeshwer
Ans. (c) [UP APO 2011]
428. Which of the following statement is correct?
(a) A divorced wife is not entitled to maintenance because she is not
wife
(b) A wife cannot get maintenance if she has obtained divorce
(c) A wife cannot get maintenance under Section 125 Cr.P.C., if she has
been divorced
(d) A wife can get maintenance if she has obtained divorce or has been
divorced by her husband
Ans. (d) [HHJS 2011]
429.An order passed under Section 125 of Cr.P.C. can be challenged
by the unsuccessful party by filing a revision—
(a) only before Chief Judicial Magistrate
(b) only before Sessions Judge
(c) only before High Court
(d) either before the Sessions Judge or High Court
Ans. (d) [UP HJS 2012]
430.A mere plea of divorce would not be sufficient to disentitle a
Muslim wife from claiming maintenance under Section 125 was
laid down in—
(a) Shamim Ara v. State of U.P.
(b) Iqbal Bano v. State of U.P.
(c) Mohd. Ahmed Khan v. Shah Bano Begum
(d) Danial Latifi v. Union of India
Ans. (d) [MP HJS 2010]
431.An application for maintenance under Section 125 of the Code
of Criminal Procedure by the father against his son has to be
filed in any district where
(a) the son resides
(b) both of them last resided together
(c) the father resides
(d) the mother resides
Ans. (a) [MP HJS 2011]
432.Enforcement of order of maintenance is covered under Section
............. of Cr.P.C.
(a) 125
(b) 128
(c) 126
(d) 127
Ans. (b) [PSJS 2012]
433.Who cannot claim maintenance under Section 125 of Criminal
Procedure Code, 1973 from a person having sufficient means,
who neglects or refuses to maintain him/her:
(a) Father and mother unable to maintain themselves
(b) Illegitimate minor child unable to maintain himself
(c) Wife unable to maintain herself
(d) Brother unable to maintain himself
Ans. (d)[Raj HJS 2012 (Jodhpur)]
434.Who can claim maintenance under Section 125(1) of Cr.P.C.?
(a) A legitimate or illegitimate major male child, suffering from physical
or mental abnormality
(b) A legitimate or illegitimate married minor child who is unable to
maintain itself
(c) Divorced wife who has not remarried
(d) All of the above
Ans. (d) [MP HJS 2015]
435. The orders under section 125 of Cr.P.C. are
(a) summary in nature but finally determine the rights and obligations of
the parties
(b) summary in nature and do not finally determine the rights and
obligations of the parties which are to be finally determined by a civil
court
(c) substantive in nature and finally determine the rights and obligations
of the parties
(d) substantive in nature and are not subject to determination of a right
of the parties by a civil court
Ans. (b)[All India Bar 2016]
436. Under Section 125 of Cr.P.C., a Magistrate has:
(a) The power to grant interim maintenance and the expenses of the
proceedings
(b) No power to grant interim maintenance nor the expenses of the
proceedings
 (c) Power to grant interim maintenance but no power to grant expenses
of the proceedings
(d) No power to grant interim maintenance but has the power to grant
expenses of the proceedings
Ans. (a) [HPJS 2007-II]
437.Which of the following is entitled to receive maintenance under
section 125 Criminal Procedure Code:—
(a) A Divorced Hindu women who has not remarried and unable to
maintain herself
(b) A woman unable to maintain herself who was living with the man as
his mistress
(c) A woman living an adulterous life
(d) Wife living separately by mutual consent
Ans. (a) [CJS 2008]
438. Section 127 Cr.P.C. provides for
(a) sanction of interim allowance
(b) grant of expenses of the proceedings
(c) alteration of monthly or interim monthly allowance
(d) none of the above
Ans. (c) [WBJS 2011]
439.Under the provisions of Section 125(4) Criminal Procedure
Code, who of the following cannot claim maintenance from her
husband:
(a) wife herself earning money
(b) wife living separately by mutual consent
(c) woman, who has been divorced by her husband and has not
remarried
(d) woman, who has obtained divorce from her husband and has not
remarried
Ans. (b) [MPCJ 2006]
440. Consider the following statements:
The Indian Evidence Act is applicable to
 1. the proceedings under chapter IX of Cr.PC
2. court martial under the Army Act
3. affidavits presented to any court
4. an execution proceeding
Which of the statements given above are correct?
(a) 1, 2 and 3
(b) 2, and 4
(c) 2 and 3
(d) 1 and 4
Ans. (d) [DAPP 2005]
CHAPTER X
MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
[Sections 129-148]
441.Who may command any unlawful assembly to disperse?
(a) Executive Magistrate
(b) Judicial Magistrate
(c) Officer Incharge of a Police Station
(d) Either (a) or (c) of the above
Ans. (d)[MP APPO 2008]
442.Amongst the following, who is not competent to use the civil
force for dispersal of Assembly under Section 129 of Cr. P.C.—
(a) Any Judicial Magistrate.
(b) Any Executive Magistrate.
(c) Officer-in-charge of police-station
(d) Any police officer not below the rank of Sub-Inspector, in absence of
Officer-in-charge of police station
Ans. (a) [Raj APP 2007]
443.Under which one of the following Section of Criminal Procedure
Code, 1973 armed forces can be used disperse assembly for
maintaining of public security?
(a) Section 132
(b) Section 131
 (c) Section 129
(d) Section 130
Ans. (d) [UK APO 2010]
444.A conditional order for removal of public nuisance under Sec.
133 Cr.P.C. may be passed by—
(a) District Magistrate only
(b) Sub-Divisional Magistrate only
(c) Executive Magistrate only
(d) Any of the above Magistrates
Ans. (d) [UJS 2002]
445. Mark the correct answer—
The conditional order passed by a Magistrate under Section 133
of the Criminal Procedure Code cannot be challenged in civil
court. This statement is—
(a) Wrong
(b) Correct
(c) Partly wrong
(d) Partly correct
Ans. (b) [MP APO 2002,
MP APPO 2003]
446. Who is authorised for removal of public nuisance?
(a) Judicial Magistrate Ist Class
(b) Judicial Magistrate IInd Class
(c) Executive Magistrate
(d) Sessions Judge
Ans. (c) [MP APO 2002,
MP APPO 2003]
447.Under which Section of Cr.P.C. conditional order for removal of
nuisance may be issued?
(a) Section 110
(b) Section 130
(c) Section 133
 (d) Section 134
Ans. (c) [UJS 2006,
Chhat ADPPO 2006]
448. Which one of the following statements is correct?
A conditional order for removal of public nuisance under section
133 of the Code of Criminal Procedure may be passed by
(a) District Magistrate
(b) Sub-divisional Magistrate
(c) Executive Magistrate specially empowered
(d) Any of the above
Ans. (d)[UP APO 2002, DAPP 2005]
449.Who is empowered to pass an order under Section 133 of
Cr.P.C.
(a) Any Court
(b) Any Police Officer
(c) Executive Magistrate
(d) Only D.M.
Ans. (c) [DJS 2008]
450.For invoking section 133 of Cr.P.C. where should be the
inconvenience or invasion on—
(a) public rights
(b) public place
(c) private place or private person
(d) all of these
Ans. (b) [HPJ 2009]
451. Who is authorized for removal of public nuisance?
(a) Executive Magistrate
(b) Judicial Magistrate 2nd Class
(c) Judicial Magistrate 1st Class
(d) District & Session Judge
Ans. (a) [HPJ 2009]
452.Conditional order for removal of nuisance under Section 133 of
Code of Criminal Procedure are to be passed by
(a) Chief Judicial Magistrate
(b) Additional Sessions Judge
(c) District Magistrate or Sub-divisional Magistrate
(d) Judicial Magistrate First Class
Ans. (c) [MJS 2011]
453.Under which Section of the Code of Criminal Procedure 1973, a
District Magistrate or Sub-Divisional Magistrate may prevent
environmental pollution?
(a) Under Section 151
(b) Under Section 133
(c) Under Section 145
(d) Under Section 107
Ans. (b) [MP PCS 1996,
MP HJS 2010, UJS 2015]
454.If a person against whom an order under Section 133 of Code
of Criminal Procedure, 1973 is made, appears and show cause
against the order, the Magistrate shall
(a) Take evidence in the matter as in a summon case
(b) Take evidence in the matter as a warrant case
(c) Take evidence in the matter as an extraordinary case
(d) Take no evidence
Ans. (a)[UJS 2015, Raj APP 2007]
455.For invoking Section 133 of Cr.P.C. where should not be the
inconvenience or invasion on:—
(a) Public rights
(b) Public place
(c) Private place or private persons
(d) All of the above
Ans. (c)[MP APPO 2002, 2003]
456.Who amongst the following can grant conditional order for
removal of nuisance under Section 133 of Cr.P.C.
(a) D.M., S.D.M. or any Executive Magistrate
(b) Any Magistrate
(c) Any Executive Magistrate
(d) None of the above
Ans. (b) [UP HJS 2015]
457.Under what Section of CrPC a Magistrate may direct local
investigation?
(a) Section 139
(b) Section 133
(c) Section 145
(d) Section 147
Ans. (a) [JJS 2014]
458.Under what appropriate Section, a Magistrate may issue an
order of injunction?
(a) Section 133
(b) Section 142
(c) Section 144
(d) Section 145
Ans. (b) [JJS 2014]
459.Under Section 142 of Cr.P.C. a Magistrate is empowered to
issue:
(a) Injunction pending inquiry
(b) Show cause notice
(c) Notice of forfeiture of property
(d) Order for local inspection
Ans. (a) [CJS 2016]
460.Which of the following Magistrates have power to prohibit
repetition or continuance of public nuisance?
1. District Magistrate
2. Sub-Divisional Magistrate
 3. Judicial Magistrate
4. Executive Magistrate duly empowered in this behalf
Code:
(a) 1 and 4
(b) 2 and 3
(c) 1, 2 and 4
(d) 1, 2, 3 and 4
Ans. (c) [JCJ 2000]
461. Consider the following statements:
1. Section 144 of Criminal Procedure Code is a wider and more
general Section than Section 145 of Criminal Procedure Code.
2. Section 144 of Criminal Procedure Code is discretionary;
whereas Section 145 of Criminal Procedure Code is mandatory.
Which one of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. (c) [DAPP 2008]
462.Order under Section 144 Cr.P.C. is amenable to writ jurisdiction
on violation of any Fundamental Rights. This was held in case
of:
(a) Dibakar Naik v. Pushpalata Patel, (1997) 3 Crimes 107
(b) Gopalachari v. State of Kerala, 1981 SCR 338
(c) Gulam Abbas v. State of U.P., 1981 SC 2198
(d) Shelam Ramesh v. State of A.P., (1999) 8 SCC 369
Ans. (c) [UJS 2006]
463.In which of the following cases, Section 144 of the Code of
Criminal Procedure has been held constitutionally valid by the
Supreme Court?
(a) Madhu Limaye v. S.D.M. Mangare
(b) Nanak Chand v. Chandra Kishore
 (c) Superintendent of Central Prison v. Ram Manhor Lohiya
(d) Mithilesh Kumar v. Bindh Wasni
Ans. (a) [UJS 2006]
464.A Magistrate has power to deal with urgent cases of
apprehended danger or nuisance under
(a) Section133, Cr.P.C.
(b) Section144, Cr.P.C.
(c) Section145, Cr.P.C.
(d) Section107, Cr.P.C.
Ans. (b) [JCJ 2000]
465.Any public notice issued or an order made which prohibits
carrying arms in procession or mass-drill or mass-training with
arms shall remain in force for not more than
(a) Two months
(b) Three months
(c) Four months
(d) Five months
Ans. (b) [DAPP 2008]
466.A group of militants of certain communal organization conducts
training of members with arms in public place threatening
public peace and safety. With regard to this, which one among
the following statements is correct?
(a) The police officer may pass order or public notice prohibiting
conducting training with arms within the local limits of his jurisdiction
(b) The judicial magistrate having jurisdiction over the area is authorized
to pass any prohibitive order under the provisions of the Code of
Criminal Procedure
(c) The District Magistrate may, if necessary, prohibit such activity—for
preservation of public peace and safety by public notice or order
(d) The District Magistrate may direct the police officer within local limits
of his jurisdiction to pass prohibitive notice or order for preservation
of public peace and safety
Ans. (c) [DAPP 2010]
467.An Executive Magistrate may act even ex-parte under Section
144, code of criminal procedure 1973 if immediate prevention or
speedy remedy is desirable
(a) to prevent obstruction, annoyance or injury to any lawfully employed
person.
(b) to avoid danger to human life, health or safety
(c) To avoid disturbance to pubic peace and tranquility, riot or affray
(d) on any one or all off the above grounds
Ans. (d) [RJS 2011]
468.Which one of the following is not an act for the prevention of
which an order cannot be made under section 144 Cr.P.C.;
(a) Disturbance of the Public Tranquility
(b) Annoyance to any person lawfully employed
(c) Injury to any person lawfully employed
(d) None of the above
Ans. (d) [HJS 2013]
469.An order under Section 144 of Cr.P.C. shall remain in force for
two months but can be extended by the State Government for
not exceeding:
(a) Three months
(b) Six months
(c) One year
(d) As State Government may deem fit.
Ans. (b) [UJS 2016]
470.What is the purpose of Section 144A of the Code of Criminal
Procedure, 1973?
(a) It seeks to enable the District Magistrate to prohibit any mass drill or
mass training with arms in any public place.
(b) It seeks to enable the Chief Secretary to prohibit any mass drill or
mass training with arms in any public place.
(c) It seeks to enable the Judicial Magistrate to prohibit any mass drill or
mass training with arms in any public place.
 (d) It seeks to enable the State Government to prohibit mass drill or
mass training with arms in any public place.
Ans. (a) [PJS 2015]
471.Urgent cases of Nuisance or apprehended danger falls under
(a) Section 146 of Cr.P.C.
(b) Section 144 of Cr.P.C.
(c) Section 142 of Cr.P.C.
(d) Section 140 of Cr.P.C.
Ans. (b) [JJS 2016]
472.Who may order to prevent apprehended danger or nuisance
under the Section 144 of Cr.P.C?
(a) District Magistrate
(b) Sub-Divisional Magistrate
(c) Any executive Magistrate empowered by the State Government
(d) All of the above
Ans. (d)[MP APPO 2008]
473.For what time order passed under Section 144 of the Criminal
Procedure Code remains effective?
(a) One month
(b) Two months
(c) 15 days
(d) Six months
Ans. (b) [Raj APP 2005]
474.Which one of the following cases is related to Section 144
Cr.P.C.?
(a) Ram Avtar v. State of U.P.
(b) State of Karnataka v. Parveen Togadia
(c) Bhagwan Dutt v. Kamla Devi
(d) Iqbal Ahmad v. State of U.P.
Ans. (b) [UP APO 2011]
475. Under Section 145 of the Cr. P.C. in connection with a dispute
on immovable property, the executive magistrate prior to
 passing his orders as regards to possession over such property
which one of the following periods he takes into consideration?
(a) One month
(b) Two months
(c) Four months
(d) Six months
Ans. (b) [MP APO 2002,
MP APPO 2003]
476. Consider the following statements:
1. The words in section 145 are mandatory
2. The words in section 145 are discretionary
3. The proceedings under section 107 can be converted under
section 145
4. The proceedings under section 107 cannot be converted under
section 145.
Which of the statements given above are correct?
(a) 1 and 2
(b) 2 and 3
(c) 1 and 3
(d) 3 and 4
Ans. (c) [DAPP 2005]
477.Executive Magistrate can put a party in possession of
immovable property
(a) Upon the police report that a dispute in respect of such property is
likely to disturb public peace.
(b) If that party is dispossessed unlawfully
(c) If the rival party denies to deliver possession of a property though
such party is owner of it
(d) None of the above
Ans. (b) [MPJS 2012]
478.Proceedings under Section 145 of the Code of Criminal
Procedure are initiated by the Executive Magistrate on the
report of which of the following?
(a) Judicial Magistrate
(b) Police Officer
(c) Revenue Officer
(d) Complainant
Ans. (b)[RJS 2015, Raj HJS 2015]
479.“The object of proceedings under section 145 Cr.P.C. is to
ward-off danger of breach of peace and not to determine the
title.” It was observed in the case of
(a) Union of India v. Ajeebunissan Khatoon
(b) Nandi Ram v. Chandi Ram
(c) Roshan Lal v. State
(d) Ramadhin v. Shyama Devi
Ans. (b) [UP APO 2006]
480.In proceedings under section 145 Cr.P.C. prior possession is
taken into consideration. What is that period:—
(a) Six months
(b) Two months
(c) One month
(d) One year
Ans. (b) [CJS 2008]
481.Which of the following authority/authorities has/have powers
to prohibit carrying of arms in any procession or mass drill or
mass training with arms?
(a) District Magistrate or Sub-divisional Magistrate or Executive
Magistrate
(b) Executive Magistrate or Magistrate 1st class
(c) District Magistrate only
(d) Executive Magistrate only
Ans. (c) [DAPP 2008]
482. What is the object of Section 145 of the Cr.P.C.?
(a) To prevent breach of peace
(b) To finally settle the dispute relating to property
(c) To settle the question of title
(d) None of the above
Ans. (a)[MP APPO 2009]
483.A revision can be filed against an order passed by Sub
Divisional Magistrate under Section 145(6) of Cr.P.C. in the
court of—
(a) District Magistrate
(b) ADM (Administration)
(c) Chief Judicial Magistrate
(d) Sessions Judge
Ans. (d) [UP HJS 2012]
484.Which of the following statement is not correct in respect of the
proceedings under Section 145 of the Code—
(a) A Magistrate may make an order for proper custody or sale of crop or
other produce, which is subject to speedy or natural decay, of the
property in dispute without attaching it.
(b) The affidavits not sworn in or affirmed before the Magistrate are
inadmissible in evidence.
(c) It is not necessary that at the time of the passing of the final order,
apprehension of breach of peace should continue or exist.
(d) A Magistrate must drop the proceedings immediately after filling of a
Civil Suit by a party aggrieved by preliminary order.
Ans. (d) [MP HJS 2010]
485.Under sub-section (1) of Section 146 Cr.PC the Magistrate may
attach the subject of dispute if:
(a) It is movable
(b) He decides that one of the parties was in possession of the said
subject
(c) He is unable to satisfy himself as to which of them was in possession
of the subject of dispute
 (d) In relation to that a receiver is appointed by any civil court
Ans. (c) [MP PCS 1996]
486.Which of the following are disputes relating to land or water
under section 145 Cr.PC, 1973?
(a) Disputes regarding the right to collect rent in respect of immovable
property
(b) Dispute relating to possession of standing crops
(c) Dispute in right to fishery
(d) All of the above
Ans. (d) [DAPP 2005]
487.Any dispute relating to possession of immovable property is
decided by
(a) Judicial Magistrate
(b) Executive Magistrate
(c) Either by Executive Magistrate or by Judicial Magistrate
(d) Neither by Executive Magistrate nor by Judicial Magistrate
Ans. (c)[UJS 2002, OJS 2011]
488.On a busy junction of road, a huge poster/banner installed by
an association is creating obstruction in traffic. Who from
amongst the following, on having information, may remove such
banner/poster by initiating proceedings under the provisions of
the Code of Criminal Procedure?
(a) The District Judge
(b) The Chief Judicial Magistrate
(c) The sub Divisional Magistrate
(d) The Collector
Ans. (c) [RCJ 2014]
CHAPTER XI
PREVENTIVE ACTION OF
THE POLICE
[Sections 149-153]
489.Under which Section of the Criminal Procedure Code police can
arrest a person to prevent the commission of cognizable
offence?
(a) Section 145
(b) Section 133
(c) Section 151
(d) Section 146
Ans. (c) [Raj APP 2005]
490.Under which of the following chapter of Cr.P.C. provisions for
“Preventive Action of the Police” are provided:
(a) Chapter X
(b) Chapter XI
(c) Chapter XII
(d) None of these
Ans. (b) [HPJS 2012]
CHAPTER XII
INFORMATION TO THE POLICE AND THEIR POWERS TO
INVESTIGATE
[Sections 154-176]
491. In a first information an offence is cognizable and other is non-
cognizable the whole case shall be deemed to be—
(a) Cognizable
(b) Non-cognizable
(c) It is to be seen whether it is a warrant case
(d) It is to be seen whether it is a summon case
Ans. (a) [MP PCS 1998,
CJS 2004, UJS 2015]
492. Point out incorrect answer—
The First Information Report means:
(a) Report about cognizable offence
(b) Information given to the police officer
(c) Information first in point of time
 (d) It must always be given in writing
Ans. (d) [UP APO 2002]
493. In reference of information relating to the commission of a
cognizable offence, which of the following statements is not
correct?
(a) It may be given orally to an officer incharge of a police station
(b) It is reduced to writing by or under the direction of the officer
incharge of the police station
(c) Information reduced to writing is to be signed by the person giving it
(d) Copy of information cannot be given, free of cost, to the informant
Ans. (d) [MP PCS 2001]
494. First Information Report—
(a) Relates to cognizable or non-cognizable offence
(b) Is given to a Magistrate or Police Officer
(c) Relates prima facie to a cognizable offence
(d) May be given to the District Magistrate
Ans. (c) [UJS 2002]
495.First Information Report under Section 154 Cr.P.C. relates to:
(a) non-cognizable offence
(b) only a cognizable offence
(c) cognizable or non-cognizable offence
(d) none of the above
Ans. (b) [UJS 2006]
496.According to the Cr.P.C. every information relating to the
commission of a cognizable offence shall be signed by
(a) the person giving it
(b) the officer incharge of a police station
(c) the investigating officer
(d) the concerned magistrate
Ans. (a) [Raj APP 2007,
UP PCS CJ 2008]
497.Information regarding occurrence of a cognizable offence is
recorded by an Officer Incharge of a Police Station under which
provision of the Code of Criminal Procedure, 1973?
(a) Section 149
(b) Section 154
(c) Section 155
(d) Section 200
Ans. (b) [MPJS 2009]
498.An aggrieved informant on refusal on the part of officer
incharge of a police station to record information regarding
cognizable offence, may
(a) Make a complaint to the chief minister
(b) Make a complaint to chief justice
(c) Make a complaint to District Judge
(d) Send in writing, substance of the information by post, to the
superintendent of police
Ans. (d) [CJS 2008]
499.Any person aggrieved by refusal, on the part of an officer in
charge of police station to record the information in cognizable
offence may, under Section 154(3) of the Code of Criminal
Procedure send the information in writing and by post to:
(a) First Class Judicial Magistrate
(b) Sessions Judge
(c) Superintendent of Police
(d) High Court
Ans. (c) [DAPP 2010]
500. FIR can be filed under which Section of Cr.P.C.
(a) Section 151
(b) Section 154
(c) Section 155
(d) Section 54
Ans. (b) [HJS 2010]
501.Who out to the following may investigate a cognizable case even
without the order of the Magistrate?
(a) Superintendent of Police
(b) Deputy Inspector General of Police
(c) Deputy Superintendent of Police
(d) Incharge of Police Station
Ans. (d) [RJS 2011]
502.Any person, aggrieved by a refusal on the part of an officer in
charge of a police station, to record the information relating to
the commission of a cognizable offence may send the substance
of such information, in writing and by post to:
(a) District Magistrate
(b) Magistrate having power to try the case
(c) Chief Judicial Magistrate
(d) Superintendent of Police Concerned
Ans. (d) [HPJS 2012]
503. A First Information Report means—
(a) A complaint made to the High Court
(b) A complaint made to a Magistrate
(c) A complaint filed under Section 199(1) Cr.P.C
(d) Information relating to the commission of a cognizable offence given
to an officer in charge of a police station
Ans. (d) [APJS 2011]
504.FIR (First Information Report) is registered under the following
Section:
(a) Section 152
(b) Section 153
(c) Section 154
(d) Section 155
Ans. (c) [MPJS 2012]
505.First Information Report is not a substantive evidence, it can be
during trial for the following:
 (a) Only to corroborate the evidence of the informant
(b) Only to contradict the evidence of the informant
(c) For both (a) and (b) above
(d) For neither (a) nor (b)
Ans. (c)[UJS 2012, HADA 2016]
506.Which of the following is not an essential element of First
Information Report?
(a) It is an information given to the police officer.
(b) Information must relate to a cognizable offence.
(c) It is an information first in point of time.
(d) Information may relate to any offence whether cognizable or non-
cognizable.
Ans. (d) [UJS 2012]
507. Which of the following statements is correct?
A police officer has
(a) no power to take the signature of an informant in the First
Information Statement.
(b) power to take the signature of the informant in the First Information
Statement.
(c) power to take the signature of the witness in the statement recorded
under Section 161 Cr.P.C.
(d) power to take the signature of the accused in the statement
recorded under Section 161 Cr.P.C.
Ans. (b) [KJS 2011]
508.Under Criminal Procedure Code 1973, who shall record the
information of rape being given by a rape victim?
(a) Officer in-charge of the police station
(b) Deputy Superintendent of Police
(c) Officer not below the rank of a Sub Inspector
(d) Woman Police Officer or any Woman Officer
Ans. (d)[MP (Pre) JS 2013-I]
509.In relation to FIR lodged under Section 154 of Cr.P.C. which of
the following statement is not correct?
(a) It is not a substantive evidence
(b) it merely marks the beginning of the investigation
(c) it cannot be used as a previous statement for any purpose
(d) the informant need not be an eye witness
Ans. (c) [MP PCS 1996,
MP (CJ) JS 2014]
510.Which one of the following cases is a landmark case on ‘First
Information Report’?
(a) Lalita Kumari v. State of U.P.
(b) Moti Ram v. State of M.P.
(c) Abdul Karim v. State of Karnataka
(d) Neelam Katara v. Union of India
Ans. (a) [UJS 2016]
511.Under which one of the following provisions of Criminal
Procedure Code, 1973, gives statutory definitions of F.I.R.?
(a) Section 154
(b) Section155
(c) Section 156
(d) Not defined
Ans. (d)[UP PCS CJ 2016]
512.If an officer-incharge of a police station refuses to register
F.I.R., to whom the substance of it should be sent as per section
154 of Cr.P.C.:—
(a) District Collector
(b) Superintendent of Police
(c) Chief Minister
(d) Governor
Ans. (b)[MP APPO 2008]
513.A person aggrieved of the refusal by an officer-in-charge of
police station to record the information referred to in Sub-
 section (1) of Section 154, Cr.P.C., may, under Sub-section (3)
of Section 154, send the substance of such information through
post in-writing to:—
(a) the concerned Magistrate
(b) the Superintendent of Police concerned
(c) the Home Secretary
(d) concerned District Magistrate
Ans. (b) [Raj APP 2007]
514.The investigating officer shall within 24 hours of arrest of a
person transmit to the nearest Judicial Magistrate a copy of the
entries in the diary relating to that case alongwith accused, if
the investigation is:—
(a) completed within 24 hours
(b) not completed within 24 hours
(c) not required
(d) changed by the competent authority to another investigating officer
Ans. (b) [Raj APP 2007]
515.Which one of the following is not essential element of First
Information Report?
(a) It is an information given to a Police Officer.
(b) Information must relate to a cognizable offence.
(c) It is an information first in point of time.
(d) Information may relate to any kind of offence whether cognizable or
non-cognizable.
Ans. (d) [UP APO 2011]
516.A case which includes cognizable offences and non-cognizable
offences is a
(a) cognizable case but requires sanction of the magistrate for
investigation into the non-cognizable part.
(b) cognizable case and as such the investigation of the case does not
require any sanction of the magistrate.
(c) non-cognizable case and as such the investigation of the case
requires sanction of the magistrate.
 (d) non-cognizable case but does not require any sanction of the
magistrate.
Ans. (b) [DHJS 2014]
517. A complaint becomes a First Information Report:
(a) When the same is presented before a court for registration
(b) When it is sent to police for investigation under Section 156(3) of
Criminal Procedure Code, 1973
(c) When statement of complainant is recorded by the court under
Section 200 of Criminal Procedure Code, 1973
(d) When statements of witnesses produced by complainant are
recorded under Section 202 of Criminal Procedure Code, 1973
Ans. (b)[Raj HJS 2012 (Jodhpur)]
518.If any woman against whom an offence under section 326A IPC
is alleged to has been committed gives information, under
Cr.P.C. such information should be recorded by—
(a) By a woman police officer or any woman officer
(b) By a judicial magistrate
(c) By chief judicial magistrate
(d) By sub-division a magistrate
Ans. (a)[MP (Pre) JS 2013-II]
519.The power of Magistrate to detain a person for the purposes of
police investigation is for a maximum period of
(a) 15 days
(b) 60 days
(c) 90 days
(d) 30 days
Ans. (c) [UP APO 2006]
520.When an investigation can’t be completed within 24 hrs
depending upon the facts & circumstance of each case
magistrate can order a person to remain in custody for
(a) 15 days
(b) 60 days
 (c) 90 days
(d) all of the above
Ans. (d) [DJS 2007]
521.Permission to investigation into a non-cognizable offence can
be granted by the:
(a) Session Judge
(b) Magistrate having power to try the case or commit to cause for trial
(c) District Magistrate
(d) Chief Judicial Magistrate
Ans. (b) [HPJS 2011]
522.No Police Officer can investigate a non-cognizable case without
the order of:
(a) Superintendent of police concerned
(b) Magistrate having the power to try such case or commit the case for
trial
(c) Chief Judicial Magistrate
(d) Sessions Court
Ans. (b) [HPJS 2012]
523.Permission to investigate into a non-cognizable offence can be
granted by a:
(a) District Magistrate
(b) Session Judge
(c) Special Magistrate
(d) Magistrate having power to try the case or commit the case for trial
Ans. (d) [HPJS 2013]
524.When information regarding commission of a non-cognizable
offence is given to an officer in-charge of a police station, he
shall
(a) record the information, register a case and forward a report to the
Magistrate
(b) record the information and forward it to the Magistrate
(c) refer him to the Magistrate
 (d) none of the above
Ans. (d) [KJS 2011]
525.In case of the information as to non-cognizable cases, a police
officer is bound to:
(a) Only enter the information in his diary
(b) Only refer the informant to the Magistrate
(c) Arrest the accused
(d) Enter the information in his diary and refer the informant to the
Magistrate
Ans. (d) [HADA 2016]
526.In non-cognizable cases, the investigation starts:—
(a) Immediately with the lodging of F.I.R.
(b) After obtaining orders from concerned Magistrate.
(c) The matter is referred to the concerned Superintendent of Police.
(d) In the same way as provided in Section 154, Cr.P.C.
Ans. (b) [Raj APP 2007]
527.Which of the following cannot be arrested by a police officer
without warrant?
(a) Person having possession of implements of house breaking.
(b) Person having possession of subject matter of theft.
(c) Deserter of armed forces.
(d) Person accused of non-cognizable offence.
Ans. (d) [Raj APP 2005]
528. In cognizable offence a police officer can
(a) only investigate the offence
(b) only arrest the accused
(c) only record first information report
(d) has power to arrest without warrant and investigate the case without
order from the court
Ans. (d) [HSJS 2012]
529. Which of the following statements is true?
(a) A Magistrate can order to stop the investigation
 (b) A Magistrate can order investigation under Section 156(3) Cr.P.C.
even if the offence is exclusively triable by a Sessions Court.
(c) A Magistrate can order investigation under Section 202 Cr.P.C. even
if the offence is exclusively triable by a Sessions Court
(d) A Magistrate can recall an order passed for investigation under
Section 156(3) Cr.P.C.
Ans. (b) [KJS 2011]
530.The power to direct investigation under Section 156(3) of CrPC
can be exercised by
(a) a Magistrate
(b) a Sessions Judge
(c) Both (a) and (b)
(d) Either (a) or (b)
Ans. (a) [BJS 2013]
531.A Magistrate has the power to direct the police to investigate
into an offence in Cr.P.C. under
(a) Section 156(3) Cr.P.C.
(b) Section 156(2) Cr.P.C.
(c) Section 156(1) Cr.P.C.
(d) All of the above
Ans. (a) [JJS 2016]
532.Investigation, under the Code of Criminal Procedure 1973, is
conducted by:
(a) the police only
(b) both the police and the court
(c) the court only
(d) the police under the discretions of the Session’s Court or the High
Court
Ans. (a) [DAPP 2010]
533.Investigation includes all the proceedings conducted by a
police officer:—
 (a) for the collection of evidence
(b) for enquiry other than a trial
(c) for trial
(d) all the above
Ans. (a) [UP APP 2009]
534.Is the Investigation Officer bound to reduce in writing any
statement made to him in the course of examination under
section 161 of the code of Criminal Procedure?
(a) Yes
(b) No
(c) Only when directed by the court to do so
(d) Only in cases of cognizable offences
Ans. (b) [UP APP 2009]
535.Under Criminal Procedure Code, 1973 the object of
investigation is
(a) to arrest the accused
(b) to punish the accused
(c) to collect evidence against the accused
(d) none of the above
Ans. (c) [UK APO 2010]
536. Object of investigation is—
(a) To punish the accused
(b) To acquit the accused
(c) To collect the evidence
(d) To convict the accused
Ans. (c) [UP APO 2002]
537.Which of the following statements is correct in relation to
power of a magistrate under Section 156(3)
(a) He may direct the Central Bureau of Investigation to conduct
investigation into any offence.
 (b) He may direct the officer-in-charge of a police station to conduct the
investigation into any offence without recording any reasons for
doing so.
(c) He may direct the officer-in-charge of a police station to conduct the
investigation into any offence only after recording reasons for doing
so.
(d) He may give notice to the accused and provide him an opportunity of
hearing
Ans. (b) [MP HJS 2010]
538.When a report is forwarded by the police under Section
173(2)(i) with the conclusion that an offence appears to have
been committed by a particular person or persons, which of the
following courses would not be open to the Magistrate—
(a) To accept the report and take cognizance of the offence and issue
process
(b) To disagree with the report and drop the proceeding
(c) To direct further investigation under Section 156(3) and require the
police to make a further report.
(d) To direct the police to file an amended charge-sheet.
Ans. (c) [MP HJS 2008]
539.Under which provision of Cr.P.C. on receipt of First Information
Report for the commission of an offence, the officer-in-charge of
the police station will send the copy to the concerned
Magistrate?
(a) Under section 154 Cr.P.C.
(b) Under section 159 Cr.P.C.
(c) Under section 156 Cr.P.C.
(d) Under section 157 Cr.P.C.
Ans. (d)[CJS 2003, UP APO 2006]
540.In a cognizable case under Indian Penal Code, the police will
have all the powers to investigate
(a) except the power to arrest without warrant
 (b) including the power of arrest without warrant
(c) and arrest without warrant, only after seeking permission from the
Magistrate
(d) and arrest without warrant, only after informing the Magistrate
having jurisdiction to inquire into or try the offence
Ans. (b) [JJS 2014]
541.When is an Investigating Officer bound to video-graph the
proceeding during investigation?
(a) Identification of the driver of the offending vehicle by the physically
disabled victim of a road accident.
(b) Recording the statement of a rape victim, under a mental trauma.
(c) Both (a) and (b)
(d) None of these
Ans. (c) [DHJS 2014]
542. Which of the following statements are correct?
1. Investigation is made by a police officer.
2. The object of police investigation is to collect evidence.
3. Investigation is a judicial proceeding.
4. Investigation is not a judicial proceeding.
Select the correct answer using the codes given below—
(a) 1, 2 and 3
(b) 1, 2 and 4
(c) 2, 3 and 4
(d) 1, 3 and 4
Ans. (b) [UP APO 2002]
543. Object of investigation is—
(a) To punish the accused
(b) To acquit the accused
(c) To collect the evidence
(d) To convict the accused
Ans. (c) [UP APO 2002]
544. The object of investigation is—
 (a) To arrest the accused
(b) To punish the accused
(c) To collect evidence against the accused
(d) None of these
Ans. (c) [UJS 2002]
545.Under Section 159 of Cr.P.C., the Magistrate has the power to
(a) Depute any Magistrate subordinate to him to hold a preliminary
inquiry
(b) Direct-investigation by the police
(c) Either (a) or (b)
(d) Only (b) and not (a)
Ans. (c) [JJS 2016]
546.In which Section of the Cr.P.C. it is provided that a male child
below the age of 15 years cannot be called at police station?
(a) Section 160(1)
(b) Section 161(2)
(c) Section 160(2)
(d) Section 163
Ans. (a) [UJS 2010]
547.A boy aged about 14 years is suspected in the commission of
the offence of murder. He can be made to join investigation:
(a) At the Police Station
(b) At his residence
(c) At any place
(d) All of the above
Ans. (b) [DJS 2011]
548.The investigating police officer has power to summon the
attendance of a person acquainted with the facts and
circumstances of the case under
(a) Section 158 of Cr.P.C.
(b) Section 159 of Cr.P.C.
(c) Section 160 of Cr.P.C.
 (d) Section 161 of Cr.P.C.
Ans. (c) [BJS 2013]
549.A Magistrate, under Section 159, can direct the police—
(a) To hold investigation
(b) To drop the proceedings
(c) To stop investigation
(d) To file charge sheet
Ans. (a) [MP JHJC 2011]
550.A person can be summoned as a witness under Section 160 of
the Code of Criminal Procedure 1973, by
(a) Any police officer
(b) The station police officer
(c) The police officer investigating the case
(d) None of the above
Ans. (c) [UJS 2015]
551.The right against self-incrimination under Article 20(3) and
section 161(2) of Cr.P.C. was recognised by the Supreme Court
in the case of
(a) Gian Kaur v. State
(b) Rupan Deal Bajaj v. K.P.S. Gill
(c) Nandini Satpathy v. P.L. Dani
(d) Joginder Kumar v. State
Ans. (c)[DU LLM Entrance 2016]
552.Under which Section of Cr.P.C. investigating officer record the
statement of witnesses?
(a) Section 160
(b) Section 162
(c) Section 161
(d) Section 164
Ans. (c) [UJS 2010]
553.Statement of a witness recorded during investigation under
Section 161 Cr.P.C. cannot be used at a criminal trial except:
 (a) To contradict the witness
(b) When the witness dies after recording examination-in-chief and
before cross-examination commences
(c) Where the Court feels that it would be safe to rely upon the said
statement.
(d) Both (a) & (b) above
Ans. (a) [DJS 2011]
554.What is the distinction between Sections 161 and 164 of
Cr.P.C.?
(a) Both are one and the same
(b) Section 161 Cr.P.C., statement is recorded by the Magistrate and
whereas Sec. 164 Cr.P.C., state-ment is recorded by the police
(c) Section 161 Cr.P.C., statement is recorded by the police and whereas
Section 164 Cr.P.C., statement is recorded by the Magistrate
(d) Section 161 Cr.P.C., statement is recorded on oath and whereas no
oath is administered in recording under Sec. 164 Cr.P.C
Ans. (c) [APJS 2011]
555.Which of the following is a ground on which a witness under
Section 161(2) of Cr.P.C. may refuse to answer questions put by
a police officer;
(a) Answers would have a tendency to expose him to a criminal charge
(b) Answers would have a tendency to expose him to a penalty
(c) Answers would have a tendency to expose him to a forfeiture
(d) All of the above
Ans. (d) [HJS 2013]
556.A refusal to answer questions put to a witness under Sec. 161
of the Cr.P.C. is an offence under
(a) Section 176 of IPC
(b) Section 179 of IPC
(c) Section 187 of IPC
(d) None of the above
Ans. (b)[UP PCS CJ 2008]
557.Statement recorded by police officer during investigation under
Section 161 of the Criminal Procedure Code can be used during
trial
(a) for contradicting the witness
(b) for corroborating the witness
(c) both for (a) and (b)
(d) neither for (a) nor (b)
Ans. (a)[UP PCS CJ 2013]
558.The recording of the statements by a police officer during
investigation is provided by
(a) Section 161(1)
(b) Section 161(2)
(c) Section 161(3)
(d) Section 162(1)
Ans. (c) [OJS 2011]
559.Which of the following statements need not be signed by the
maker?
(a) Statement under Section 313 of Cr.P.C.
(b) Statement under Section 164 of Cr.P.C.
(c) Statement under Section 161 of Cr.P.C.
(d) Statement (Confession) by accused under Section 164 of Cr.P.C.
Ans. (c) [JJS 2014]
560.Statements under Section 161 of the Code of Criminal
Procedure 1973 are recorded by the police
(a) During trial
(b) Before investigation
(c) During investigation
(d) During inquiry
Ans. (c) [UJS 2015]
561.A statement made by any person to a police officer in the
course of investigation:
 (a) if duly proved can be used as substantive evidence by the accused
and the prosecution
(b) if duly proved can be used by the accused and the prosecution to
contradict such witness
(c) if duly proved can be used by the accused and the prosecution to
corroborate such witness
(d) None of these
Ans. (b) [DJS 2015]
562.The power of a police officer to require attendance of a woman
witness in a cognizable offence extended to:—
(a) calling that woman to police station through a male constable.
(b) calling that woman to police station through a female constable.
(c) calling that woman to police station through her parents or family
members.
(d) not calling that woman to police station, but going personally to the
place where such woman resides.
Ans. (d) [Raj APP 2007]
563.The statements of the witnesses are recorded by a police
officer during the investigation under Section ................ of the
Cr.P.C.
(a) 161
(b) 162
(c) 164
(d) 169
Ans. (a) [HSJS 2012]
564.A joint statement of several witnesses recorded during
investigation—
(a) will render these persons as incompetent witnesses
(b) will render their statement as inadmissible
(c) will neither render these persons as incompetent witnesses nor their
evidence as inadmissible
 (d) will render these persons as incompetent witnesses as well as their
evidence as inadmissible
Ans. (c) [UP HJS 2012]
565.Statement under Section 161 of Cr.P.C can be used to—
(a) Corroborate the statement in Court
(b) Contradict the statement in Court
(c) Corroborate and contradict statement in Court
(d) Cannot be utilised for any purpose.
Ans. (b) [UP HJS 2009]
566.Can the statement of a witness recorded by a police officer
under Section 161 (3) of the Code of Criminal Procedure, 1973
be recorded by audio video electronic means?
(a) Yes
(b) No
(c) Yes, with the consent of the witness
(d) Yes, in the presence of mediators
Ans. (a) [APDSJ 2011]
567.Statement recorded during investigation under Section 161 of
Cr.P.C. can be used during trial for
(a) Corroborating the witness
(b) Contradicting the witness
(c) Both A and B
(d) Neither A nor B
Ans. (b)[All India Bar 2014]
568. Which Section of the Cr.P.C. provides that “no statement made
by any person to a police officer in the course of an
investigation shall, if reduced to writing, be signed by the
person making it ?“
(a) Section 164
(b) Section 163
(c) Section 162
(d) Section 161
 Ans. (c) [UP APO 2002,
UJS 2009, UK APO 2010]
569.Any statement made by any person to a police officer under
Section 162 Cr.P.C. in the course of investigation:
(a) must be signed by the person making it
(b) may not be signed by the person making it
(c) must be signed by two witnesses
(d) may be signed by person making statement or the witnesses
Ans. (b) [UJS 2006]
570.“To say that photo identification is hit by Section 162 is
wrong”, it has been held by the Supreme Court in—
(a) Manu Sharma v. State
(b) My Ladimmal Surendran v. State of Kerala
(c) Musheer Khan v. State of M.P.
(d) Vijay v. State of M.P.
Ans. (a) [MP HJS 2011]
571.Who among the following is authorised to record a confessional
statement under Section 164 Cr.P.C.?
(a) A Police Officer
(b) An Executive Magistrate
(c) A Judicial Magistrate
(d) Neither an Executive nor a Judicial Magistrate
Ans. (c) [UJS 2002]
572.A voluntarily confession is admissible in evidence when made
to:
(a) When made to a police officer
(b) To a Magistrate having competent jurisdiction
(c) To a village Sarpanch with a request to save him from police
(d) Where it leads to no discovery of facts and made to the police officer
Ans. (b) [CJS 2003]
573.Section 164 Criminal Procedure Code Provides a special
procedure for recording of:
 (a) confessions
(b) statements made during the course of investigation
(c) confessions as well as statements made during the course of
investigation
(d) examination of witnesses by police
Ans. (c) [MPCJ 2006,
Chhat ADPPO 2006]
574.If a Magistrate administers oath before recording the
confession of an accused, the confessional statement is:
(a) good in law and admissible in evidence
(b) bad in law and inadmissible in evidence
(c) good in law but admissible only on corroboration
(d) bad in law but become admissible on corroboration by other evidence
Ans. (b) [MPCJ 2006]
575.Who may record a confessional statement under Section 164
CrPC?
(a) Police officer
(b) Executive officer
(c) Judicial Magistrate who has jurisdiction only
(d) Any Judicial Magistrate
Ans. (d)[MPJS 2007, HJS 2014,
UP PCS CJ 2008]
576.A confessional statement recorded in accordance with the
special procedure under Section 164 of Cr.P.C.
(a) can be used as a substantive evidence without being formally proved
(b) cannot be used as a substantive evidence at all
(c) cannot be used as a substantive evidence without being formally
proved
(d) either (b) or (c)
Ans. (a) [HJS 2010]
577.Who may record any confession or a statement made to him in
the course of an investigation:—
 (a) Any senior police officer
(b) Judicial Magistrate having jurisdiction
(c) Executive Magistrate
(d) Any Judicial Magistrate
Ans. (d) [MPJS 2010]
578.Section 164 of Cr.P.C. provides about which of the following?
(a) Recording of confession and statement
(b) Examination of witnesses by police
(c) Expert witnesses
(d) Investigation procedure
Ans. (a) [UJS 2010]
579.‘A’ is suspected of commission of an offence of murder, trial
whereof can only be conducted before a court of Sessions. ‘A’
appears before the Metropolitan Magistrate and moves an
application for recording his statement under Section 164 CrPC
and grant of pardon. Who has the power to grant pardon?
(a) The court of Sessions
(b) The Metropolitan Magistrate
(c) Both (a) & (b) above
(d) None of the above
Ans. (b) [DJS 2011]
580.Special procedure is provided under Section 164 CrPC for
recording of
(a) confessions
(b) confessions as well as statement made during investigation
(c) statement made during investigation
(d) none of the above
Ans. (b) [WBJS 2011]
581.Section 164, of the Code of Criminal Procedure contains a
special procedure relating to recording of confessions and
statements. In view of the provision which is the correct
proposition:
 (a) Any Metropolitan or Judicial Magistrate may, whether has jurisdiction
or not in the case, can record confession or statement made in the
course of an investigation.
(b) Confession can also be recorded by a Police Officer on whom any
power of a Magistrate has been conferred
(c) The recording of statement can only be done by the Magistrate who
has the jurisdiction,
(d) Any Magistrate may, whether has jurisdiction or not in the case can
record confession or statement made in the course of an
investigation.
Ans. (a) [APJS 2012]
582.A confessional statement under Section 164 of the Code of
Criminal Procedure, can be recorded:
(a) During the course of investigation or at any time afterwards before
the commencement of inquiry or trial
(b) During the course of investigation only and not afterwards
(c) During investigation as well as during inquiry but before the
commencement of trial
(d) None of the above
Ans. (a) [APJS 2012]
583.Which one of the following may record confession under
Section 164 of the Code of Criminal Procedure?
(a) any Executive Magistrate
(b) a police officer
(c) any Metropolitan Magistrate or Judicial Magistrate
(d) a registered medical practitioner
Ans. (c) [HPJS 2013]
584.Obtaining signature on the confession of the person making the
confession, under Section 164 of Cr.P.C. is
(a) mandatory
(b) directory, being procedural
(c) discretionary
 (d) optional
Ans. (a) [AJS 2011]
585.The confession of an accused recorded by a Magistrate under
Section 164 Cr.P.C.
(a) shall be signed by him
(b) shall not be signed by him
(c) shall not be signed by the Magistrate
(d) shall be attested by a witness
Ans. (a) [KJS 2011]
586.The genuineness of the document is not presumed if it is
(a) Evidence recorded by a Munsiff in a suit.
(b) Confession of an accused recorded by a Judicial Magistrate
(c) Statement of a witness recorded by a Judicial Magistrate under
Section 164 Cr.P.C.
(d) A part of the evidence recorded by a Munsiff in a suit
Ans. (c) [KJS 2011]
587.A confession made under Section 164 of the Criminal Procedure
Code of 1973 can be recorded by a Magistrate, during the course
of
(a) a trial
(b) an investigation
(c) a trial or an investigation
(d) investigation, but before the commencement of inquiry or trial
Ans. (d) [JJS 2014]
588.A statement under Section 164 of the Code of Criminal
Procedure may be recorded by:
(a) An Executive Magistrate
(b) A Police Officer
(c) A Judicial Magistrate or a Metropolitan Magistrate
(d) All the officers named above
Ans. (c) [RCJ 2014]
589.Who can record statement and confession under Section 164 of
the Cr.P.C.
(a) Police Officers
(b) Judicial Magistrate
(c) Executive Magistrate
(d) Investing Officer
Ans. (b)[MP (Pre) JS 2013-I]
590.Which of the following is not an essential procedural
requirement of Section 164 of the Code of Criminal Procedure,
1973 namely
(a) Warning to the accused
(b) Confession to be made voluntarily
(c) Recording of statement in presence of advocate of the accused
(d) Memorandum at the foot of confession
Ans. (c) [UJS 2015]
591.Judicial confession can be recorded by following the procedure
prescribed in ............... of the code of Criminal Procedure, 1973.
(a) Section 164
(b) Section 364
(c) Both the Sections
(d) None of these
Ans. (a) [PJS 2015]
592.Who can record confessions and statements under section 164
of Code of Criminal Procedure?
(a) Any Executive Magistrate or Metropolitan Magistrate
(b) Any Metropolitan Magistrate or Judicial Magistrate irrespective of his
jurisdiction
(c) Any District Magistrate
(d) Any Metropolitan Magistrate or Judicial Magistrate having jurisdiction
in case
Ans. (b) [HADA 2016]
593.Which of the following is not a duty of the Magistrate while
recording confession under section 164 Cr.P.C?
(a) Duty to explain to the person making the confession that he is not
bound to make confession
(b) Duty to work that if he makes a confession, it may be used as
evidence against him
(c) Duty to record the confessional statement in the form of question
and answers
(d) Duty to be satisfied and have reason to believe the confession was
voluntary
Ans. (c) [UP APP 2009]
594. Confession is recorded:—
(a) by the Judicial Magistrate having jurisdiction only.
(b) by any Judicial Magistrate with or without jurisdiction
(c) by any police officer having power of a Magistrate under the law in
force.
(d) by a Magistrate empowered by the High Court for the purpose.
Ans. (b) [Raj APP 2007]
595.A non-confessional statement recorded under Section 164 of
Cr.P.C.—
(a) is a substantive piece of evidence
(b) is not a substantive piece of evidence
(c) may or may not be substantive evidence depending upon the facts
and circumstances
(d) none of the above
Ans. (b) [UP HJS 2012,
MP HJS 2014]
596.Statements of witness recorded under Section 164 of the Code
of Criminal Procedure can be used
(a) for contradiction only
(b) for corroboration only
(c) both for corroboration and contradiction
 (d) neither for corroboration nor for contradiction
Ans. (c) [MP HJS 2011]
597.The Magistrate records the confession of an accused or a
statement of a witness during investigation, under
(a) Section 164 of Cr.P.C.
(b) Section 281 of Cr.P.C.
(c) Section 162 of Cr.P.C.
(d) Chapter XXIII of Cr.P.C.
Ans. (a) [PSJS 2012]
598.Section 164 of the CrPC provides the procedure for recording of
(a) Admissions
(b) Confessions
(c) Statements
(d) Both (b) and (c)
Ans. (d)[DU LLM Entrance 2014]
599.Which provision under Criminal Procedure Code, 1973 deals
with the procedure to be adopted by the Magistrate, to record
confessions and statements?
(a) Section 162
(b) Section 163
(c) Section 164
(d) Section 164A
Ans. (c)[All India Bar 2013]
600. Consider the following statements:
The medical examination of a rape victim shall be conducted by
1. Any registered medical practitioner of her choice.
2. A registered practitioner employed in a hospital run by
Government or by a local authority.
3. Any registered medical practitioner with the consent of the
victim under some special circumstances.
Which of the statements given above is/are correct?
(a) 1 and 2 only
 (b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3
Ans. (b) [DAPP 2008]
601.Under Section 164A of the Code of Criminal Procedure, 1973,
the victim of rape shall be sent to registered medical
practitioner for examination within .............. from the time of
receiving the information relating to the commission of such
offence
(a) 6 hours
(b) 12 hours
(c) 24 hours
(d) 36 hours
Ans. (c) [BJS 2016]
602.During investigation of an offence of committing rape, medical
examination of the alleged victim may be done:—
(a) only on the order of a magistrate
(b) necessarily on the request of concerned investigation officer, if he
deems it fit
(c) after the investigation officer obtains permission of his
Superintendent of Police
(d) with the consent of such woman victim or of any person competent
to give such consent on her behalf
Ans. (d) [UP APP 2009]
603.During investigation a search can be conducted without
warrant by
(a) any police officer
(b) the investigating officer
(c) both (a) & (b)
(d) either (a) or (b)
Ans. (b) [PJS 2010,
All India Bar 2016]
604.When a search is required to be conducted outside India, a
criminal court may under Section 166-A of the Cr.P.C. issue a:
(a) Search warrant
(b) Letter of requisition
(c) Letter of request
(d) Written order
Ans. (c)[UP PCS CJ 2006]
605. Under Criminal Procedure Code to what maximum period an
accused can be ordered to be kept in police custody by the
Magistrate?
(a) Three days
(b) Seven days
(c) Ten days
(d) Fifteen days
Ans. (d) [MP APO 2002,
MP APPO 2003]
606.When investigation cannot be completed within 24 hours, the
largest period for which an accused can be remanded to police
custody is:
(a) ten days
(b) fifteen days
(c) thirteen days
(d) thirty days
Ans. (b) [MPCJ 2006,
Chhat ADPPO 2006]
607.When investigation is not completed within the prescribed
period of 90 days or 60 days, as the case may be and accused is
in custody, on expiry of the said period, if he is prepared to and
does furnished bail, the accused is entitled to be:
(a) discharged
(b) acquitted
(c) released on bail by the investigation officer
 (d) released on bail by the concerning Magistrate
Ans. (d) [MPCJ 2006]
608.Under Cr.P.C. an accused person can be remanded to police
custody for not more than
(a) 7 days at one time
(b) 15 days at one time
(c) 20 days at one time
(d) 30 days at one time
Ans. (b)[UP PCS CJ 2008]
609.What is the maximum period of detention during investigation
for offence of murder, after which and on non filing of charge
sheet the accused is entitled to be release on bail:—
(a) Sixty days
(b) One hundred and twenty days
(c) Ninety days
(d) One hundred and eighty days
Ans. (c) [CJS 2008]
610.For the purposes of section 167(2) Cr.P.C, the period of Sixty
days or Ninety days will be reckoned from the dates of:—
(a) Arrest
(b) Production before Magistrate
(c) After police remand
(d) Filing of charge-sheet
Ans. (b) [CJS 2008]
611.If the investigation is not completed within 90 days or 60 days
as the case may be, and the accused is in custody, on the expiry
of said period the accused is entitled to be
(a) discharged
(b) released on bail on making an application for release on bail
(c) released on bail without making an application for release on bail
(d) acquitted
Ans. (b) [PJS 2010]
612.The accused has indefeasible right to bail when investigation is
not completed within
(a) 15 days
(b) 30 days
(c) 21 days
(d) 90 or 60 days
Ans. (a) [UJS 2010]
613.For authorizing detention of accused in custody of the police
the accused must be produced before the Magistrate:
(a) In person
(b) Through an advocate
(c) By producing an application signed by him
(d) Through medium of electronic video linkage
Ans. (a) [MPJS 2011]
614.A Magistrate can authorize the detention of accused in police
custody for a period of fifteen days. When does this period
begin to run?
(a) from the time of arrest by the police
(b) after first remand
(c) on expiry of twenty four hours of his arrest
(d) after production of the accused before the Magistrate
Ans. (c)[PJS 2011, DAPP 2005]
615.Under Section 167 of Cr.P.C, the Magistrate can authorise
detention for a total period of 90 days during investigation, in
cases of offences punishable
(a) With death
(b) With imprisonment for life
(c) With imprisonment for a term not less than 10 years
(d) All the above
Ans. (d) [HJS 2011]
616.‘A’ is arrested and detained in custody on an accusation for the
offence punishable with imprisonment for life. He is entitled to
statutory bail as provided under sub-section (2) of Section 167
of Cr.P.C, after expiry of—
(a) 30 days
(b) 60 days
(c) 90 days
(d) 45 days
Ans. (c) [APJS 2011]
617.Where investigation is not completed within the stipulated
period of 90 or 60 days, as the case may, the accused who has
been in custody, on the expiry of above mentioned period, gets
entitled to:
(a) Be discharged
(b) Be released on bail on making an application for release on bail
(c) Be released on bail without making an application
(d) None of the above
Ans. (b) [APJS 2012]
618.Under Section 167 of the CrPC the Magistrate can authorize
detention for a total period of 90 days during investigation in
cases of offences punishable
(a) with death
(b) with imprisonment for life
(c) with imprisonment for a term not less than 10 years
(d) all the above
Ans. (d) [UJS 2012]
619. Choose the wrong statement.
(a) Remand of an accused after the investigation is over is under Section
167 Cr.P.C.
(b) Under Section 309 Cr.P.C. the Magistrate can remand an accused for
a maximum period of 15 days.
 (c) Under Section 309 Cr.P.C. even prosecution may be directed to pay
costs for adjournment.
(d) At the request of the accused the court shall not grant adjournment
to enable him to show cause against the sentence.
Ans. (a) [KJS 2011]
620.Under Section 167, the Magistrate can order detention in
(a) police custody
(b) judicial custody
(c) jail
(d) any custody as he thinks fit
Ans. (b) [OJS 2011]
621.On the non-completion of investigation, i.e., failure of the
prosecution to file charge sheet within the prescribed period of
90 or 60 days, as given in Section 167 of Code of Criminal
Procedure, the
(a) accused person is to be discharged unconditionally.
(b) accused person shall be released on bail if he is prepared to and does
furnish bail.
(c) right of the accused person to be released on bail could be defeated
by the subsequent filling of the charge sheet under any
circumstance.
(d) None of these
Ans. (b) [DJS 2014]
622.Statement A: Bail granted under Section 167(2) of the Code of
Criminal Procedure, 1973 has same incidents as bail granted under
Chapter XXXIII of the Code.
Statement B: Bail granted under Section 167(2) of the Code of
Criminal Procedure, 1973 cannot be cancelled under Section 437(5) of
the Code.
(a) Statement A is correct
(b) Statement B is correct
(c) Both the statements are correct
 (d) Both the statements are incorrect
Ans. (a) [RJS 2016]
623.Under Section 167 of Cr.P.C. the nature of custody can be
altered from judicial custody to police custody and vice-versa,
this alteration can be done
(a) During the period of first seven days
(b) During the period of first fifteen days
(c) During the period of first fourteen days
(d) During the period of first ten days
Ans. (b) [JJS 2016]
624.A Magistrate may not remand the accused to police custody
for—
(a) more than 24 hours
(b) more than 7 days
(c) more than 14 days
(d) more than 15 days
Ans. (d) [UP HJS 2012]
625.Which of the following statements is correct in relation of bail
under proviso to Section 167(2) of the Code—
(a) The right does not survive after filing of the charge-sheet
(b) The right is extinguished only when the accused fails to furnish bail
bonds as directed by the Magistrate before filing of the charge-sheet
(c) The period of detention shall be computed from the date on which
the accused was remanded to judicial custody.
(d) The bail granted under the proviso cannot be cancelled under Section
437(5) or 439(2).
Ans. (a) [MP HJS 2008]
626.The maximum period for which an accused can be remanded in
police custody is
(a) one week
(b) fifteen days
 (c) one month
(d) three months
Ans. (b) [PSJS 2012]
627.For the purpose of computation of the period of 90 days or 60
days as the case may be for the purposes of section 167(2) of
Code of Criminal Procedure the day
(a) of arrest of the accused has to be excluded.
(b) on which the accused was remanded is to be excluded.
(c) of the arrest of the accused and the day on which the accused was
remanded, if different, both have to be excluded.
(d) of arrest of the accused only has to be excluded and the day on
which the accused was remanded, even if different, is to be
excluded.
Ans. (c) [DHJS 2014]
628.An Executive Magistrate is empowered to grant remand under
section 167 of the Code of Criminal Procedure, 1973 for a
maximum period of
(a) 15 days
(b) 7 days
(c) 60 days
(d) 90 days
Ans. (b)[DU LLM Entrance 2016,
MPCJ 2016]
629.Section 167 of the Criminal Procedure Code provides that the
nature of custody can be altered from judicial custody to police
custody and vice-versa this alteration can be done during the
period of first
(a) 15 days
(b) 16 days
(c) 14 days
(d) 12 days
Ans. (a)[All India Bar 2014]
630. Which Section of Cr.P.C. deals with case diary?
(a) Section 169
(b) Section 171
(c) Section 172
(d) Section 157
Ans. (c) [UJS 2010]
631.Maintenance of a case diary by an investigating officer is
(a) directory
(b) mandatory
(c) discretionary
(d) neither (a) nor (b)
Ans. (b) [AJS 2011]
632.Section 172 of the Code of Criminal Procedure requires that
statements of witnesses recorded during the course of
investigation under Section 161 shall be inserted in the
(a) Case diary
(b) Investigation register
(c) Daily-diary register
(d) Witness register
Ans. (a) [UJS 2016]
633.Under which Section of the Cr.P.C. the Investigation Officer
must maintain a ‘case diary’?
(a) Section 170
(b) Section 171
(c) Section 172
(d) Section 173
Ans. (c) [MP APPO 2009]
634. Police diary in an investigation is necessary under
(a) Section 171 Cr.P.C.
(b) Section 172 Cr.P.C.
(c) Section 173 Cr.P.C.
(d) Section 174 Cr.P.C.
 Ans. (b) [Raj APP 2007]
635.Offence at place ‘A’ investigation by police at ‘B’, cognizance by
Judicial First Class Magistrate at ‘B’, whether
(a) investigation and cognizance without jurisdiction
(b) investigation and cognizance not without jurisdiction
(c) only cognizance is without jurisdiction
(d) only investigation is without jurisdiction
Ans. (b) [APDSJ 2011]
636.After completion of investigation, the police is to submit a final
report to the Magistrate, The Magistrate
(a) is bound by the conclusions drawn by the police and accept the same
if the police recommended that there is no sufficient ground for
proceeding further
(b) is not bound by the conclusions drawn by the police and may order
further investigation
(c) may issue a process against the accused person(s)
(d) both (b) & (c)
Ans. (d) [PJS 2010]
637.After investigation pertaining to an offence of murder, the
Police files a cancellation report. The report can be accepted
only by:
(a) The Magistrate
(b) The Court of Sessions
(c) The High Court
(d) None
Ans. (a) [DJS 2011]
638.Whether after forwarding report under section 173 of the code
of criminal procedure to the concerned Magistrate, the police
can continue investigation in the case?
(a) No
(b) Only upon permission of Superior Official
(c) Yes
 (d) Only with permission of the Magistrate
Ans. (c) [MJS 2010]
639.A police report under Section 173(2) of Cr. P.C. must contain
the particulars such as—
(a) Inquest particulars, post mortem particulars and Doctor’s name
(b) Name of the parties, names of suspects or accused and, nature of
information
(c) Name of the police officer, name of investigating officer and police
station
(d) None of the above
Ans. (b) [APJS 2011]
640.Which one of the following provisions of Code of Criminal
Procedure provides that “the investigation in relation to rape of
a child may be completed within three months from the date on
which the information was recorded by the officer-in-charge of
the police station”?
(a) Section 173(1)
(b) Section 173(1A)
(c) Section 173(2)
(d) Section 173(3)
Ans. (b) [UJS 2016]
641.Section 173(8) of the Code of Criminal Procedure deals with
(a) Fresh investigation
(b) Further investigation
(c) Re investigation
(d) None of the above
Ans. (b) [HJS 2014]
642.On completion of investigation, the officer incharge of a police
station shall forward the police report under section 173(2)
Cr.P.C. to
(a) Sessions Court
(b) Chief Judicial Magistrate
 (c) Any Judicial Magistrate
(d) Magistrate empowered to take cognizance of the offence
Ans. (d) [MPJS 2015]
643.Whether Investigation based on two FIRs relating to the same
incident is permissible under the law —
(a) Yes, but by different Investigation Agencies
(b) No information to police
(c) Yes, even by the same Investigation Agency and their power to
investigate
(d) Not after forwarding report under Section 173(2) on a previous
occasion.
Ans. (d) [MP HJS 2010]
644.Where the police submits a final report under section 173(2) of
Cr.P.C. for dropping of proceedings to a magistrate, the
Magistrate
(a) may accept the same
(b) may reject the same
(c) may reject the same and order further investigation
(d) any of the above
Ans. (d)[All India Bar 2016]
645.A Charge Sheet filed under Section 173 of Cr.P.C. is an example
of
(a) Public document
(b) Private document
(c) Patent document
(d) Latent document
Ans. (a)[All India Bar 2014]
646.Section 173(1A) mandates that an investigation into offence of
rape with a child may be completed within ... days from the date
of recorded information.
(a) 30 days
(b) 60 days
 (c) 90 days
(d) 120 days
Ans. (c) [MP HJS 2011]
647. Ordinarily the place of trial of an offence is where
(a) accused is apprehended
(b) offence is committed
(c) victim is residing
(d) sanction is given by the Government
Ans. (b) [PSJS 2012]
648.In case of merger of the complaint with the Police report, the
procedure to be followed for the trial shall be:
(a) The procedure of the complaint case
(b) The procedure of the case instituted on the Police report
(c) The procedure of both as per convenience during the trial
(d) The procedure as directed by the Magistrate
Ans. (b) [HPJS 2007-II]
649.Which Section of the Cr.P.C., 1973 applies when the officer-in-
charge of a police station receives information that a person has
committed suicide?
(a) Section-174
(b) Section-181
(c) Section-154
(d) Section-147
Ans. (a)[UP PCS CJ 2006]
650.Who will inquest the suicidal death of woman within seven
years of marriage
(a) Only judicial magistrate investigate
(b) Only Police
(c) Executive Magistrate
(d) Both (a) & (c)
Ans. (d) [DJS 2008]
651. An inquest report must contain:
(a) The names of accused
(b) The apparent cause of death
(c) The details of weapons
(d) The details of incident
Ans. (b)[MPJS 2009, 2010,
MP HJS 2008]
652.What is primary object of inquest report under Section 174 of
Cr.P.C?
(a) To know the name of the assailants of the deceased
(b) To know the motive of the commission of offence
(c) To know the apparent cause of death
(d) To know the place of occurrence
Ans. (c) [APJS 2011]
653.Under Section 174(1) of the Code of Criminal Procedure, when
the officer in charge of a Police Station receives an 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 ________
empowered to hold inquests.
(a) Executive Magistrate
(b) SDO
(c) Either (a) or (b)
(d) None of the above
Ans. (a) [APJS 2012]
654. Which of the following is not correctly matched?
(a) Conditional order for Section 133
removal of nuisance
(b) Security for keeping Section 106
the peace on conviction
(c) Place of inquiry or trial Section 176
(d) Power to issue order in Section 144
urgent cases of nuisance
Ans. (c) [UJS 2012]
655.Which Section of Criminal Procedure Code applies when the
officer-in-charge of a Police Station receives information that a
person has committed suicide, he will immediately report to the
Executive Magistrate?
(a) Section 169
(b) Section 173
(c) Section 174
(d) Section 178
Ans. (c)[UP PCS CJ 2013]
656.Which one of the following Sections of Criminal Procedure
Code, 1973 is when the officer in-charge of a police station
receives any information that a person has committed suicide?
(a) Section 154
(b) Section 174
(c) Section 147
(d) Section 181
Ans. (b) [UK APO 2010]
657.Under which Section of the CrPC a Magistrate has the power to
enquire into the cause of death?
(a) Section 176
(b) Section 179
(c) Section 276
(d) Section 76
Ans. (a) [UJS 2012]
658.Which of the following Sub-sections was/were inserted by the
Code of Criminal Procedure (Amendment) Act, 2005 in Section
176 of Cr.P.C.?
(a) 176(1A)
 (b) 176(1A) and 176(1B)
(c) 176(5) and 176(6)
(d) 176(1A) and 176(5)
Ans. (d) [BJS 2016]
659.Which is true about recording a confession by a magistrate
(a) a police officer should be present so that the accused may not flee
(b) the magistrate should warn that it is not necessary for the accused
to confess
(c) prior to confession he should be left in police custody for some time
(d) all of the above
Ans. (b) [DJS 2007]
660.In the case of Madhu Bala v. Suresh Kumar (1997), the
Supreme Court of India held that:
(a) a police officer, incharge of the police station is bound to register an
FIR in respect of a cognizable offence
(b) a police officer when faced with a dilemma with respect to a
complaint alleging commission of cognizable and non-cognizable
offence must register an FIR
(c) whenever a magistrate directs an investigation on a complaint, the
police has to register a cognizable case on that complaint treating
the same as the FIR and investigate into the same
(d) a police officer must investigate a complaint alleging commission of a
cognizable and non-cognizable offence only after a direction is issued
by the magistrate
Ans. (c) [DAPP 2010]
661.Where the person dies or disappear or woman is raped while
such person or woman is in custody of police authorized by a
Magistrate. A inquiry, in addition to inquiry or investigation held
by the police, shall be held:
(a) by District Magistrate
(b) by Judicial Magistrate within whose local jurisdiction the offence has
been committed
 (c) by the Session Judge
(d) Executive Magistrate
Ans. (b) [MPJS 2011]
662.“When the confession of the accused person is not recorded in
the manner provided in Section 164 of the CrPC oral evidence of
the Magistrate is not admissible to prove that the confession
was so made” was held in
(a) State of U.P. v. Singhara Singh
(b) State of Rajasthan v. Rahman
(c) Ammini v. State of Kerala
(d) Dhanajay Reddy v. State of Karnataka
Ans. (a) [UJS 2012]
663.A Magistrate has the power to direct the police to investigate in
respect of an offence
(a) under the Indian Penal Code
(b) under any local or special law
(c) both (a) and (b)
(d) only (a) and not (b)
Ans. (c) [AJS 2011]
664. Which of the following statements is wrong?
(a) Further investigation can be ordered on the application of a victim
(b) Further investigation can be ordered on the application of an accused
(c) Police can conduct further investigation even after charge is framed
(d) Court can suo motu order further investigation even after charge is
framed
Ans. (d) [KJS 2011]
665. Which of the following statements is correct?
Under Section 161 Cr.P.C. the statement of
(a) an accused cannot be recorded
(b) the first information cannot be recorded
(c) an expert may be recorded
 (d) a person under the age of 15 years cannot be recorded
Ans. (c) [KJS 2011]
666.In a summons case triable by a Magistrate, continuation of
investigation, beyond the period of six months, from the date of
arrest of the accused, without the previous permission of the
Magistrate, shall:
(a) render the entire investigation is vitiated and bad and the accused is
liable to be discharged
(b) not render the entire investigation bad but the prosecution cannot
rely on the investigation so carried out and the evidence so collected
shall not be admissible
(c) not render the entire investigation bad but the accused is liable to be
discharged
(d) none of the above
Ans. (c) [KCJ 2012]
667.Consider the following statement and choose the correct
answer with the help of code given below:
(i) Investigation is conducted by police officer
(ii) Magistrate cannot interfere in investigation
(iii) Investigation is a judicial proceeding
(iv) Investigation is not a judicial proceeding
Codes:
(a) (i) and (iv) are correct
(b) (i), (ii) and (iv) are correct
(c) (ii) and (iv) are correct
(d) (i), (iii) and (iv) are correct
Ans. (b) [UJS 2014]
668.In which of the following cases it was held that a person has a
right to protection under Section 161(2) of Cr.P.C. against
questions, the answers of which would have a tendency to a
criminal charge?
(a) Nandini Satpathy v. P.L. Dani
 (b) Gian Singh v. State
(c) Rupan Deol Bajaj v. K.P.S. Gill
(d) R.K. Dalmia v. Delhi Administration
Ans. (a) [UJS 2014]
669.What is the maximum period an Executive Magistrate may
authorize the detention of an accused in custody?
(a) Not exceeding 24 hours
(b) Not exceeding 3 days
(c) Not exceeding 7 days
(d) Not exceeding 15 days
Ans. (c) [JJS 2014]
670.In which of the following cases the Supreme Court held that
FIR was not substantive evidence and could only be used to
corroborate its maker?
(a) Anil Kumar v. B.S. Neelakanta, AIR 2010 SC 2715
(b) Viveta Gazra v. State, AIR 2010 SC 2712
(c) Union of India v. A. Kumar, AIR 2010 SC 2735
(d) C. Magesh v. State of Karnataka, AIR 2010 SC 2768
Ans. (d) [JJS 2016]
671. Any police officer making an investigation can:
(a) Record confessional statement of accused
(b) Record statement of witnesses
(c) Compel attendance of persons acquainted with facts and
circumstances of a case
(d) Both (a) and (b) are correct
Ans. (c) [HADA 2016]
672.Police report under the Criminal Procedure Code of 1973 is:
(a) A report made to the police
(b) Report of police officer on completion of investigation sent to a
competent Magistrate
(c) A preliminary report
(d) An ad-hoc report
 Ans. (b) [HADA 2016]
673.What is the total period for which a Magistrate under section
167(2) of Code of Criminal Procedure, 1973, can authorize the
detention of a person accused of offence punishable under
section 304B IPC?
(a) 15 days
(b) 60 days
(c) 90 days
(d) 180 days
(e) None of these
Ans. (c) [PJS 2017]
674.An Investigating officer during the investigation records the
statement of a witness under Section ................ of Code of
Criminal Procedure, 1973.
(a) 164
(b) 162
(c) 161
(d) 160
(e) None of these
Ans. (c) [PJS 2017]
675.Under Section 167 of the Code of Criminal Procedure, 1973 the
maximum period of police custody of an arrested person is
(a) 90 days
(b) 60 days
(c) 15 days
(d) 7 days
Ans. (c) [UJS 2010]
676.Which one of the following cases is, related to defective
investigation?
(a) D.K. Basu v. State of West Bengal
(b) Zahira Habibullah Sheikh v. State of Gujarat
(c) Sakshi v. Union of India
 (d) Dipesh Chandak v. Union of India
Ans. (b) [UP APP 2006]
677.In which one of the following cases did the Supreme Court hold
that in appropriate cases, Police officers have a duty to conduct
a preliminary enquiry before registering an FIR, in order to find
out whether allegations made have any substance or not?
(a) Swamy Shraddananda v. State of Karnataka
(b) Mayankaur Baldev Singh Sardar v. State of Punjab.
(c) Rajinder Singh Katoeh v. Chandigarh Administration
(d) Selvi and Others v. State of Karnataka.
Ans. (c)[UPSC CBI PP 2010]
678. “Corpus Delicti” would mean
(a) absence of dead body
(b) collection of fund for cops (police)
(c) investigation of crime
(d) commission of crime
Ans. (d) [MP HJS 2007]
CHAPTER XIII
JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND
TRIALS
[Sections 177-189]
679.Under the general principle of Criminal Law, the jurisdiction to
try a person for an offence depends upon:
(a) the place where such person is found
(b) the place where crime is committed within local area
(c) the nationality of the offender
(d) none of the above
Ans. (b) [PJS 2013]
680.Every offence shall ordinarily be enquired into and tried by the
court
(a) Within whose local jurisdiction the complainant resides
 (b) Within whose local jurisdiction the said offence was committed
(c) Within whose local jurisdiction the accused ordinarily resides
(d) Within whose local jurisdiction witnesses to the said offence reside
Ans. (b) [MJS 2011]
681. A was travelling from Bhopal to Jabalpur by Rajkot-Jabalpur
Express Train. At Itarsi A caused grievous hurt to B who was the
resident of Jabalpur. Where will the case be tried?
(a) At Bhopal fromwhere A started his journey
(b) At Jabalpur of where B was the resident
(c) At Itarsi where A caused grievous hurt to B
(d) At the place where MY. High Court decides
Ans. (c) [MP APO 2002]
682. Ordinarily place of trial is—
(a) Where the offence has been committed
(b) Where the victim resides
(c) Where the accused resides
(d) Where the FIR is lodged.
Ans. (a) [UP HJS 2009]
683.A minor girl lived with her father at Indore. She became
intimate with the accused and ran away with the accused from
Indore to Bhopal in a taxi. After some time they eventually
settled in Mumbai. An offence of kidnapping may be tried:
(a) at Indore
(b) at Bhopal
(c) at Mumbai
(d) at any place mentioned above
Ans. (d)[MPJS 2007, PJS 2011]
684.‘X’ sends an e-mail to ‘Y’ from Delhi threatening ‘Y’ that certain
photographs showing ‘Y’ in a compromising position with a
woman shall be posted on the net, if ‘Y’ does not pay Rs.
1,00,000/- to ‘X’. ‘Y’ accesses the e-mail at his office in Kolkata.
The offence can be inquired into or tried by a court at:
 (a) Delhi
(b) Kolkata
(c) Anywhere in India because the e-mail can be accessed anywhere in
India
(d) Both (a) & (b) above
Ans. (d) [DJS 2011]
685. Section 183 of Criminal Procedure Code
(a) applies to voyage on the high seas.
(b) does not apply to voyage on high seas.
(c) applies to voyage within India as well as on voyage on high seas.
(d) has been declared unconstitutional.
Ans. (b)[UP PCS CJ 2013]
686.Under Cr.P.C. where two or more courts have taken cognizance
of the same offence and question arises as to which of them
ought to try that offence, the question shall be decided
(i) by the Supreme Court
(ii) if the Court are subordinate to the same High Court by that
High Court
(iii) if the Courts are not subordinate to the same High Court, by
the High Court within the local limits of whose appellate
criminal jurisdiction the proceedings were first commenced
Choose the correct answer:
(a) Only (i) is correct
(b) (ii) and (iii) are correct
(c) (i), (ii) and (iii) all are correct
(d) (i) and (iii) are correct
Ans. (b) [UJS 2014]
687.When there is dispute between two courts relating to exercise
of jurisdiction in a criminal matter and said courts are under
subordination of different High Courts, the matter shall be
decided under section 186 of Cr.P.C. by the
 (a) Supreme Court
(b) High Court of the larger State
(c) High Court having more judges
(d) High Court within whose area the proceedings first commenced
Ans. (d) [UP APO 2006,
UP APP 2006]
688.Where two courts subordinate to the same High Court have
taken cognizance of the same offence and a question arises as
to which of them shall try that offence
(a) the question shall be decided by any one of these Courts
(b) the question cannot be decided by any Court
(c) the question shall be decided by the concerned High Court
(d) the question can be left to the parties
Ans. (c) [BJS 2000]
689.Where two or more courts have taken cognizance of the same
offence and a question arises as to which of them ought to
inquire into or try the offence, the question shall be decided
1. if the courts are subordinate to the same High Court, by that
High Court
2. by the High Court within the local limits of whose appellate
criminal jurisdiction the accused resides, carries on business
or is engaged in a gainful employment
3. if the courts are subordinate to the same High Court, by that
High Court in consultation with the State Government
concerned
4. if the courts are not subordinate to the same High Court, by
that court within the local limits of whose appellate criminal
jurisdiction the proceedings were first commenced
Which of the above are correct?
Code:
(a) 1 and 2
(b) 2 and 3
 (c) 1 and 4
(d) 1, 2, 3 and 4
Ans. (c) [JCJ 2000]
690.If two or more courts (not subordinate to the same High Court)
have taken cognizance of the same offence, and a question
arises as to which of them ought to inquire, the question is to be
decided by the:
(a) The Court in which proceedings first commenced.
(b) The High Court within the local limits of whose appellate criminal
jurisdiction the proceedings first commenced.
(c) The Supreme Court.
Ans. (b) [DJS 2010]
691.An offence is committed by a British citizen on an aircraft
registered in India. The offender may be dealt with under which
provision of the Code of Criminal Procedure, 1973?
(a) Section 188
(b) Section 183
(c) Section 182
(d) Section 186
Ans. (a) [UJS 2006,
PJS 2011, UP APP 2009]
692.An offence is committed outside India by a citizen of India such
offence shall be inquired or tried in India with the previous
sanction of—
(a) Supreme Court
(b) State Government
(c) Central Government
(d) Permission not needed
Ans. (c)[MP (Pre) JS 2013-II]
CHAPTER XIV
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
[Sections 190-199]
693.Cognizance of offence under Section 498A of IPC can be taken
by a Court
(a) on a police report
(b) on the complaint of the person aggrieved
(c) on the complaint of father/mother of the person aggrieved
(d) all the above
Ans. (d) [PJS 2010]
694.A court of session can take cognizance of a criminal case for the
offences punishable under the provisions of the Indian Penal
Code ______ ,
(a) on an application of the complainant
(b) on a request of the police
(c) sue moto
(d) only if the case is committed by a Magistrate
Ans. (d) [MJS 2010]
695.Which one of the following is true about the Sessions Court:—
(a) Can take cognizance without committal
(b) Can take cognizance only on committal
(c) Can take cognizance on the recommendation of District Magistrate
(d) Can take cognizance provided the charge sheet is submitted by
Superintendent of Police
Ans. (b) [CJS 2008]
696. A Magistrate may take cognizance of an offence:
(a) on police report
(b) on private complaint
(c) suo motu
(d) all of the above
Ans. (d)[PJS 2011, DJS 2007]
697.Under Section 190 of the Code of Criminal Procedure 1973,
cognizance of offence is taken by the
(a) Judicial Magistrate
(b) Session Judge
 (c) High Court
(d) District Magistrate
Ans. (a) [UJS 2015]
698.Which of the following irregularities of a Magistrate not
empowered by law to do so, does not vitiate the proceedings:
(a) calling of record to exercise powers of revision under Section 397 of
Code of Criminal Procedure
(b) taking cognizance of an offence under clause (a) or clause (b) of
sub-section (1) of Section 190 of Code of Criminal Procedure
(c) decision of an appeal
(d) revision of an order passed under section 466 of Code of Criminal
Procedure
Ans. (b)[RJS 2015, Raj HJS 2015]
699.A magistrate may take cognizance of an offence upon
(a) his own knowledge
(b) police report
(c) receiving complaint
(d) All of the above
Ans. (d) [UJS 2016]
700.Under Criminal Procedure Code, 1973 Section 190(2) who may
empower Magistrate of the Second Class to take cognizance of
offences?
(a) High Court
(b) Court of Session
(c) Chief Judicial Magistrate
(d) None of the above
Ans. (c)[UP PCS CJ 2016]
701.Which Court may take cognizance of offences under Section
190 of the Cr.P.C.?
(a) Any court
(b) Any Magistrate of the first class
 (c) Any Magistrate of the second class specially empowered in this
behalf
(d) Both (b) or (c)
Ans. (d)[MP APPO 2009]
702.Non-compliance with the provisions under section 191 of Code
of Criminal Procedure where cognizance is taken by the
magistrate under section 190(1)(c) of Code of Criminal
Procedure
(a) vitiates the trial and the proceeding and will be wholly void.
(b) is an irregularity curable under section 460 of code of criminal
procedure.
(c) does not vitiate the trial unless it has caused prejudice to the
accused.
(d) amounts to waiver of his rights by the accused.
Ans. (a) [DHJS 2014]
703.Which of the following irregularities of a Magistrate, not
empowered by law to do so, vitiates the proceedings?
(a) To hold inquiry under Section 176 Code of Criminal Procedure
(b) To make over a case under sub-Section (2) of Section 192 code of
criminal procedure
(c) To take cognizance of an offence under clause (c) of sub-section (1)
of Section 190 of the code of criminal procedure
(d) To tender pardon to accomplice under Section 306 of the code of
criminal procedure
Ans. (c) [Raj HJS 2015]
704.Under Cr.P.C. after committal of the case. Sessions Court found
that another person against whom a prima facie case is made
out from the materials contained in the case papers have not
been included then
(a) Sessions Court would have no alternative, but to wait till the stage
under Section 319 of Cr.P.C.
 (b) Sessions Court can issue summons under Section 193 on the basis of
the records transmitted to him
(c) Case should be remanded to the committal Magistrate for
appropriate action
(d) Direction should be given to Police to file separate charge sheet
against additional accused.
Ans. (b)[MP (CJ) JS 2014]
705.Which one of the following is true about the Sessions Court:—
(a) Can take cognizance without committal
(b) Can take cognizance only on committal
(c) Can take cognizance on the recommendation of District Magistrate
(d) Can take cognizance provided the charge sheet is submitted by
Superintendent of Police
Ans. (b) [CJS 2008]
706. The provisions of Section 195 of Cr.P.C. require
(a) a complaint in writing
(b) an oral complaint
(c) either (a) or (b)
(d) neither (a) nor (b)
Ans. (a) [AJS 2011]
707.Provision relating to the prosecution of Public servants is given
in—
(a) Section 196 Cr.P.C.
(b) Section 197 Cr.P.C.
(c) Section198 Cr.P.C.
(d) Section 198-A Cr.P.C.
Ans. (b) [UJS 2002]
708.Which one of the following Sections provides prosecution of
judges under Cr.P.C. 1973?
(a) Section 195
(b) Section 196
(c) Section 197
 (d) Section 198
Ans. (c) [UJS 2006]
709.As per Section 197A of Code of Criminal Procedure, applicable
in State of Maharashtra, no court shall take cognizance of any
offence against the Commissioner or receiver appointed by a
court under the provisions of Code of Civil Procedure, except the
previous sanction of
(a) The High Court of Judicature at Bombay
(b) Law and Judiciary Department of State of Maharashtra
(c) Director General of Prosecution
(d) The court which appointed such person as Commissioner or receiver
as the case may be
Ans. (d) [MJS 2011]
710. Section 197 Cr.P.C. affords protection to
(a) Judges
(b) Employees of public sector undertakings
(c) Public servants
(d) Both (a) and (c)
Ans. (d) [WBJS 2011]
711.For taking cognizance of an offence committed by a public
servant while acting in the dis-charge of his official duty, the
essential requisite is—
(a) Accused must be Gazetted Officer
(b) Accused must be within the jurisdiction of the Court
(c) Previous sanction of the government is required
(d) None of the above
Ans. (c) [APJS 2011]
712.Section 197 of CrPC provides protection from prosecution to
which of the following?
(a) Private individuals
(b) Employees of Public Sector Undertaking
(c) Judge
 (d) None of the above
Ans. (c) [UJS 2012]
713.No member of the Armed Forces of the Union shall be arrested
for anything done in the discharge of his official duties except
after attaining the consent of
(a) the Defence Minister
(b) the Finance Minister
(c) the concerned State Government
(d) the Central Government
Ans. (d) [UJS 2012]
714.Under Cr.P.C. provisions relating to prosecution of public
servant is given under
(a) Section 196
(b) Section 197
(c) Section 198
(d) Section 200
Ans. (b)[UP PCS CJ 2008]
715.Under section 198 of Cr.P.C the court can take cognizance of
any offence laid down under section 497 and 498 of the IPC on
the complaint of—
(a) husband of the woman
(b) father of the woman
(c) mother of the woman
(d) any of these
Ans. (a) [HPJ 2009]
716.Which ‘Section’ of the Code of Criminal Procedure provides for
prosecution for offences against marriage?
(a) Section 196
(b) Section 197
(c) Section 198
(d) None of the above
Ans. (c) [UJS 2009]
717.Under Section 198 of the Code of Criminal Procedure, 1973, no
court can take cognizance of an offence against marriage
(punishable under Chapter XX, IPC) unless a complaint is made
by:
(a) The police.
(b) The wife/husband.
(c) Some person who is aggrieved by the offence.
(d) All of the above.
Ans. (c) [DJS 2010]
718.‘G’, a 17 years old girl, was married to ‘H’. ‘H’ during the
subsistence of the said marriage entered into another marriage
with ‘P’. The court may take cognizance for the offence of
bigamy, if the complaint brought by
(a) her father, mother, brother, sister, son or daughter or by her father’s
or mother’s brother or sister.
(b) any other person related to her by blood, marriage or adoption, with
the leave of the court.
(c) some other person on her behalf, with leave of court, but where
there is a guardian appointed in her respect, then only after such
guardian has been heard.
(d) All of these.
Ans. (d) [DJS 2014]
719. Which Section of the Code of Criminal Procedure provides for
prosecution for offences against marriage?
(a) Section 198
(b) Section 199
(c) Section 196
(d) Section 197
Ans. (a)[UP APO 2002, 2010]
720. Under Section 198 of the Criminal Procedure Code the court
can take cognizance of any offence laid down under Section 497
and 498 of the Indian Penal Code on the complaint of—
 (a) Husband of the woman
(b) Father of the woman
(c) Mother of the woman
(d) Any of these
Ans. (a) [MP APO 2002, 2003,
HPJ 2009]
721.Cognizance of the offence of defamation under Chapter XXI of
the Indian Penal Code can be taken
(a) on a police report
(b) on a complaint made by an aggrieved person
(c) suo motu by the court
(d) all of the above
Ans. (b)[UP PCS CJ 2013]
722.When a case is instituted under section 199(2) of Cr.P.C., the
procedure of trial adopted in such a case is
(a) Session trial
(b) Trial of warrant case instituted on police report
(c) Trial of warrant case instituted on otherwise than a police report
(d) Summons trial
Ans. (c) [UP APO 2006,
UP APP 2006]
723.What procedure will be followed in case when Session’s court
entertains cases directly under Section 199(2) of the Criminal
Procedure Code?
(a) Session’s Trial
(b) Warrant Trial on police report
(c) Warrant Trial otherwise than on police report
(d) Summon Trial
Ans. (c) [Raj APP 2005]
724. Taking cognizance is
(a) a judicial function
(b) an administrative function
 (c) a supervisory function
(d) both (a) and (b)
Ans. (a) [AJS 2011]
725.In a Private Complaint case process can be issued against an
accused after
(a) Complaint in writing is presented to the Court
(b) Complainant’s statement on oath is recorded
(c) The Magistrate is of the opinion that there is sufficient ground to
proceed with the case
(d) Police upon investigation submit a report that there is sufficient
ground to proceed with the case
Ans. (c) [MPJS 2012]
726.No Court shall take cognizance of an offence punishable with
fine only, after the expiry of the period of limitation of:—
(a) Two months
(b) Three months
(c) Ninety days
(d) Six months
Ans. (d)[Chhat ADPPO 2006]
727.Sanction for prosecution of Judges and public servants shall not
be required under Section 197 Cr.P.C. in case a Judge or a public
servant is alleged to have committed
(a) Voyeurism
(b) Murder
(c) Cheating
(d) Kidnapping
Ans. (a) [DHJS 2014]
728. Statement of an accused can be recorded on oath:
(a) is not a correct statement of law
(b) under Section 315 Code of Criminal Procedure
(c) under Section 313 Code of Criminal Procedure
(d) under Section 391 Code of Criminal Procedure
 Ans. (b) [Raj HJS 2015]
CHAPTER XV
COMPLAINTS TO MAGISTRATES
[Sections 200-203]
729.Under Section 200 Cr.P.C. recording of pre-summoning
evidence may be dispensed with if:
(a) The complaint is supported by an affidavit of the complainant
(b) The complaint is made in writing by a public servant
(c) The Magistrate feels that ends of justice require pre-summoning
evidence to be dispensed with.
(d) None of the above
Ans. (b) [DJS 2011]
730.If a complaint in writing is made to a Magistrate who is not
competent to take cognizance of the offence
(a) he shall dismiss the complainant
(b) he shall punish the complainant
(c) he shall decide the complaint
(d) he shall return it for presentation to the proper court with a
endorsement to that effect
Ans. (d) [BJS 2000]
731.If it appears to the Magistrate that the offence complained of is
triable exclusively by the Court of Session he under section 202
Cr.PC postponing the issue of process against the accused:
(a) Shall commit the case to the court of Session
(b) May direct an investigation to be made by a police officer
(c) Shall call upon the complainant to produce all his witness and
examine them on oath
(d) Shall return the complaint for presentation to produce before the
Court of Session
Ans. (c) [MP PCS 1996,
MP HJS 2008, MPJS 2009,
DJS 2010, MP HJS 2014]
732.If it appears to the Magistrate that the offence complained of is
triable exclusively by the Court of Session, under Section 202 of
the Code of Criminal Procedure, while delaying the issue of
process against the accused, the Magistrate:
(a) May order for investigation by Police
(b) Commit the case to Sessions Court
(c) Examine the complainant and all his witnesses
(d) Return the complaint for presentation before the Court of Session
Ans. (c) [APJS 2012]
733. Which one of the following statements is correct?
Dismissal of complaint under section 203 results are
(a) bar to rehearing by the same Magistrate
(b) bar to rehearing by any other Magistrate
(c) bar to rehearing a fresh complaint on the same facts
(d) no bar to rehearing a fresh complaint on the same facts
Ans. (d) [DAPP 2005]
734.After dismissal of a complaint under Section 203, a fresh
similar complaint on the same facts
(a) is banned
(b) Is not banned but will be entertained only in exceptional
circumstances
(c) Is not banned and will be entertained in all circumstances
(d) Either (a) or (c)
Ans. (b) [HJS 2011]
735.Under which of the following sections of the Cr.P.C. the
magistrate shall dismiss the complaint?
(a) Section 202
(b) Section 201
(c) Section 203
(d) None of the above
Ans. (c) [UJS 2014]
736.Recording of pre-summoning evidence may be dispensed with
under section 200 of Cr.P.C.
(a) if the complaint is supported by the affidavit of the complainant
(b) if the complaint is made in writing by a public servant in the
discharge of his official duties
(c) both (A) and (B) are correct
(d) only (A) is correct but (B) is incorrect
Ans. (b)[All India Bar 2016]
CHAPTER XVI
COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
[Sections 204-210]
737.Personal attendance of an accused can be dispensed with under
the provisions of Section _____ of the Code of Criminal
Procedure:
(a) 202
(b) 203
(c) 204
(d) 205
Ans. (d) [APJS 2012]
738.Where the Court has dispensed with the personal attendance of
the accused in Summons case, the Court may
(a) through his counsel
(b) by supplying questionnaire
(c) dispense with his examination
(d) must recall the order of dispensing attendance and make order to
present in person for examination
Ans. (a) [MP HJS 2014]
739.Whether a person can send fine amount through postal
department. Without appearing in the court in some petty
offences, if yes under what provision:
(a) Yes under section 207 Cr.PC.
(b) Yes under section 206 Cr.PC.
 (c) Yes under section 210 Cr.PC.
(d) Yes under section 194 Cr.PC.
Ans. (b) [CJS 2003,
Chhat ADPPO 2006]
740.In petty offences the accused may plead guilty ______ .
(a) only in person
(b) only through an advocate
(c) only (a) and (b) both
(d) (c) above and also by transmitting plea through post or messenger
Ans. (d) [MJS 2010]
741.The maximum amount of fine specified in cases of petty offence
under Section 206 of the Cr.P.C. is:—
(a) Rs. 100
(b) Rs. 500
(c) Rs. 1,000
(d) Rs. 2,000
Ans. (c) [MP APPO 2008]
742.Special Summons under Section 206 of the Criminal Procedure
Code can be issued by
(a) A Magistrate only
(b) A Magistrate as well as the Court of Sessions
(c) The Court of Sessions
(d) The High Court
Ans. (a)[All India Bar 2015]
743.Under which Section of the following Criminal Procedure Code,
1973 the accused shall be supplied the copy police report and
other documents by the Magistrate?
(a) Section 205
(b) Section 209
(c) Section 207
(d) Section 208
 Ans. (c) [UK APO 2010]
744.Under Section 209 Cr.P.C., which of the following cases can be
committed to the Court of Sessions by a Magistrate, if it appears
to the Magistrate that the offence is triable exclusively by the
Court of Sessions?
(a) A case instituted on a police report
(b) A case instituted otherwise than on a police report
(c) Both (a) & (b)
(d) None of the above
Ans. (c) [DJS 2011]
745.Committal proceedings under Section 209 of Cr.P.C. are in the
nature of
(a) aid in investigation
(b) inquiry
(c) trial
(d) either inquiry or trial
Ans. (b) [AJS 2011,
All India Bar 2016]
746. Section 210 of Cr.P.C. can be invoked
(a) When there is a complaint case & police is also investigating the
matter
(b) When there is a complaint case but no police investigation is in
progress
(c) When there is a complaint case & the police has already completed
the investigation & filed the final report
(d) All of the above
Ans. (a) [HHJS 2011]
CHAPTER XVII
THE CHARGE
[Sections 211-224]
747. Which is not content of charge?
 (a) Description of family background of the accused
(b) Specific name of the offence as per the law which provides the
offence
(c) In case of unspecific name of the offence, definition of the offence
(d) Particulars of time and place of the alleged offence
Ans. (a) [HPJS 2011]
748.Under Code of Criminal Procedure 1973, a charge shall be
written in the
(a) Language which accused understands
(b) Language which witnesses understands
(c) Language of the Court
(d) Hind language
Ans. (c) [UJS 2015]
749.‘A’ is accused of cheating ‘B’ at a given time and place.
(a) The charge need not set out the manner in which ‘A’ cheated ‘B’.
(b) The charge must set out the manner in which ‘A’ cheated ‘B’
(c) Whether the manner is set out or not is to be decided by the court.
(d) None of the above
Ans. (b) [PJS 2013]
750.The effect of error in stating the required particulars in the
charge, shall be regarded material under which of the following
circumstances:
(a) When co-accused dies.
(b) When the accused is misled by the error.
(c) When a material witness becomes hostile.
(d) When the accused is declared absconded.
Ans. (b) [RJS 2016]
751. Which of the following statement is true?
(a) ‘A’ is accused of cheating ‘B’ at a given time and place. The charge
must set out the manner in which ‘A’ cheated ‘B’.
 (b) ‘A’ is accused of the theft of a certain article at a certain time and
place. The charge need set out the manner in which the theft was
effected.
(c) ‘A’ is accused of murder of B at a given time and place. The charge
need state the manner in which ‘A’ murdered ‘B’
(d) None of the above
Ans. (a)[MP APPO 2008]
752. Error or omission in framing of charge
(a) is material in all circumstances shall vitiate the trial
(b) is material only if it has occasioned a failure of justice to the accused
(c) is material and the accused is liable to be acquitted
(d) both (a) & (c)
Ans. (b) [PJS 2010]
753. Error or omission in framing of charge:
(a) Is maternal in all circumstances and shall vitiate the trial.
(b) Is maternal only if it has occasioned prejudice to the accused
(c) Is immaterial in all cases
(d) Entitles the accused to a acquittal
Ans. (b) [DJS 2011]
754. The Court may alter the charge:
(a) before the evidence of the prosecution is taken
(b) before the accused enters upon his defence
(c) when the evidence of prosecution and defence both is taken
(d) before the judgment is pronounced
Ans. (d)[UJS 2006, PJS 2011]
755.Whenever there is alteration or addition in the charge after
commencement of trial, the accused shall be allowed to recall or
re-examine the witnesses or call further witnesses. How is this
interpreted as?
(a) A right of the accused
(b) Not a right of the accused
 (c) A duty of the court
(d) In the discretion of the court
Ans. (a) [DAPP 2005]
756.In a case the Supreme Court observed thus—”We are unable to
find any magic or charm in the ritual of a charge. It is the
substance of these provisions (relating to charge) that count
and not their outform. To hold otherwise is only to provide
avenues or escape for the guilty and afford no protection to the
innocent.” The court made these observations in relation to
(a) alteration of charge
(b) joinder of charges
(c) persons who may be charged jointly
(d) error, omission or irregularity in charge
Ans. (a) [JCJ 2000]
757.Whenever a charge is altered or added to by the court after the
trial has commenced:
(a) The prosecution has a right to recall or re-summon any witness who
has already been examined.
(b) The accused has no right to recall or re-summon any witness who
has already been examined.
(c) The prosecution has no right to call any further witnesses.
(d) All of the above.
Ans. (a) [DJS 2010]
758.Under which Section of Cr.P.C. addition or alteration of charge
has been provided?
(a) Section 214
(b) Section 215
(c) Section 216
(d) Section 218
Ans. (c)[UJS 2010, PJS 2010]
759.Under Section 216 of Cr.P.C. the Court has the power to:
(a) Add to the charge(s) already framed
 (b) Alter the charge(s) already framed
(c) Neither to alter nor to add to the charge already framed
(d) Add to and alter the charge both.
Ans. (d)[HJS 2011, DJS 2015]
760. When can charges be framed?
(a) At any stage but before judgement
(b) At any stage subject to permitting the cross-examination of the
prosecution witnesses
(c) At any time in offences exclusively triable by Sessions Court but in
cases triable by a Judicial First Class Magistrate, charges should be
framed within 3 months after taking cognizance of the case
(d) None of the above
Ans. (b) [APJS 2011]
761.Any court may alter or add to any charge any time before;
(a) The closing of arguments
(b) The judgement is written
(c) The judgment is pronounced
(d) None of the above
Ans. (c) [HJS 2013]
762. Any defect in charge
(a) Can be cured by amending it in any case
(b) Cannot be cured if such amendments is likely to cause serious
prejudice to the accused
(c) Can be cured by amending it though it causes prejudice to the
accused
(d) Can be cured by amending it with a direction to retrial if such
amendment is causing prejudice to the accused
Ans. (d) [MPJS 2012]
763.Under Code of Criminal Procedure 1973, charge may be added
or altered under
(a) Section 211
(b) Section 212
 (c) Section 215
(d) Section 216
Ans. (d) [UJS 2015]
764.Under Section 216 of Criminal Procedure Code, 1973 the court
may alter ‘charge’
(a) only before the trial starts
(b) only during the trial
(c) at any time before the judgement is pronounced
(d) never
Ans. (c) [UJS 2016]
765.When shall the prosecutor and the accused be allowed to recall
the witnesses?
(a) the court has to explain the charge to the accused
(b) the accused wants to cross-examine
(c) when a charge is altered or added by the court
(d) in all of the above conditions
Ans. (c) [MP APPO 2009]
766. Charge can be altered at any time
(a) Before taking cognizance
(b) Before framing of charge
(c) Before taking evidence and not afterwards
(d) Before pronouncement of judgment
Ans. (d) [HHJS 2011]
767.“For every distinct offence of which any person is accused,
there shall be a separate charge and every such charge shall be
tried separately”, is provided in Criminal Procedure Code under:
(a) Section 211
(b) Section 215
(c) Section 218
(d) Section 220
Ans. (c) [UJS 2016]
768. Which of the following is not correctly matched?
 (a) Information in Cognizable Cases—Section 154 Cr.P.C.
(b) Arrest by Magistrate—Section 44 Cr.P.C.
(c) Contents of charge—Section 211 Cr.P.C.
(d) Trial more than one offence—Section 218 Cr.P.C.
Ans. (d) [UP APO 2011]
769..................... offences of same kind within 12 months can be
charged together as per the provisions of Cr.P.C.
(a) Three
(b) Two
(c) Five
(d) Four
Ans. (a) [CJS 2016]
770.For every distinct offence of which any person is accused, there
shall be a separate charge, where is the exception to this rule in
Cr.P.C.?
(a) Section 219
(b) Section 220 and 222
(c) Sections 219, 220 and 222
(d) Sections 219, 220, 221 and 223
Ans. (d) [UJS 2006]
771. Joinder of charges is permissible under
(a) Section 200 of Cr.P.C.
(b) Section 220 of Cr.P.C.
(c) Section 221 of Cr.P.C.
(d) Both (b) and (c)
Ans. (c) [WBJS 2011]
772.If a series of acts are so connected together as to form the
same transaction, and more than one offence is committed by
the same person:
(a) He shall be charged and tried separately for every such offence
(b) He shall be charged with every such offence and tried at one trial for
all the offences.
 (c) Some of the offences may be clubbed and tried at one trial.
(d) All of the above
Ans. (b) [DJS 2011]
773. Joint trial of several persons is permissible under
(a) Section 222 Cr.P.C.
(b) Section 223 Cr.P.C.
(c) Section 224 Cr.P.C.
(d) Section 225 Cr.P.C.
Ans. (b) [WBJS 2011,
APDSJ 2011 JJS 2016]
774.Sections 219, 220 and 221 of the Cr.P.C. lay down provisions
regarding:
(a) Joint trial of offenders
(b) Joinder of charges
(c) Framing of charges
(d) Discharge
Ans. (b)[DU LLM Entrance 2012]
775.Which one of the following Sections of Criminal Procedure
Code, 1973 provides for joint trial of several persons?
(a) Section 224
(b) Section 221
(c) Section 222
(d) Section 223
Ans. (d) [UK APO 2010]
776.What persons may be charged jointly and tried together under
section 223 of Cr.P.C.
(a) persons accused of the same offence committed in the course of the
same transaction
(b) persons accused of an offence and persons accused of abetment of
or attempt to commit such offence
 (c) persons accused of different offences committed in the course of the
same transaction
(d) all the above
Ans. (d)[All India Bar 2013]
777.The categories of persons who may, without their consent, be
charged and tried together include persons accused of
(a) different offences committed in the course of the same transaction.
(b) more than one offence of the same kind committed by them within
the period of twelve months.
(c) Neither (a) nor (b)
(d) Both (a) and (b)
Ans. (d) [DJS 2014]
778.A is accused of an act which may amount to theft or receiving
stolen property of criminal breach of trust or cheating. He is
only charged with theft but it appears that he committed the
offence of criminal breach of trust. He may be:
(a) Acquitted
(b) Convicted of theft
(c) Convicted of criminal breach of trust
(d) Discharged
Ans. (c) [MP PCS 1996]
779.A is only charged with theft and it appears that he committed
the offence of criminal breach of trust. In this context, which
one of the following is correct?
(a) He may be acquitted
(b) He may be convicted only of theft
(c) He may be convicted of criminal breach of trust
(d) He may not be convicted of criminal breach of trust
Ans. (c) [JCJ 2000]
780.When at the state of framing of charge the sessions court feels
that the case in not exclusively triable by it, it may.
 (a) Send the case to the chief judicial magistrate for farming of the
charge
(b) Frame the charge and transfer the case to the Chief Judicial
Magistrate/Magistrate of the first class.
(c) Frame the charge and transfer the case to a magistrate of the
second class.
(d) Send the case to Lok Adalat
Ans. (b) [RJS 2011]
781.‘A’ is accused of an act which may amount to theft or receiving
stolen property or criminal breach of trust. ‘A’ is only charged
with ‘theft’. It appears that he committed the offence of
criminal breach of trust.
(a) He may be convicted of criminal breach of trust, though he was not
charged with such offence.
(b) He may not be convicted of criminal breach of trust because he was
not charged with such offence.
(c) He may neither be convicted of theft nor of criminal breach of trust.
(d) He may only be convicted of theft because he was charged with
theft.
Ans. (a)[UP PCS CJ 2013]
782.‘A’ is accused of an act which may amount to theft, or receiving
stolen property or criminal breach trust or cheating. At trial,
formal charge is framed only for the offence of theft. The
evidence adduced at trial shows that he committed the offence
of criminal breach of trust. He may be convicted
(a) for the offence of theft only for which formal charge was framed.
(b) for the offence of criminal breach of trust though he was not charged
with such offence.
(c) the trial is vitiated.
(d) None of these.
Ans. (b) [DJS 2014]
783.When a person is accused of more offences than one ...........
committed within the space of twelve months, he may be
 charged with and tried at one trial for any number of them not
exceeding three.
(a) of similar nature
(b) of similar kind
(c) of same nature
(d) of same kind
Ans. (d) [PJS 2013]
784.The provision relating to the charge is given under Cr.P.C.:—
(a) Chapter XVII, Sections 211-224
(b) Chapter XVIII, Sections 211-235
(c) Chapter XVI, Sections 211-224
(d) None of the above
Ans. (a)[Chhat ADPPO 2008]
CHAPTER XVIII
TRIAL BEFORE A COURT
OF SESSION
[Sections 225-237]
785. Which Sections of the Code of Criminal Procedure provide for
Trial before a Court of Session?
(a) Sections 225 to 237
(b) Sections 238 to 243
(c) Sections 251 to 259
(d) Sections 260 to 265
Ans. (a) [UP APO 2002]
786.The procedure for trial before a court of sessions is provided in
the following sections of Cr.P.C.
(a) 260 to 265
(b) 238 to 250
(c) 251 to 259
(d) 225 to 237
Ans. (d) [UP APO 2006,
 UP APP 2006, 2009]
787.The procedure of trials held before the Court of Sessions is
provided in the Code of Criminal Procedure under
(a) Sections 204 to 210
(b) Sections 220 to 224
(c) Sections 225 to 237
(d) Sections 238 to 245
Ans. (c) [UJS 2009]
788.In every trial before a Court of Session, prosecution shall be
conducted by:
(a) the Sessions Judge
(b) the counselor of accused
(c) a public Prosecutor
(d) none of these
Ans. (c) [HPJS 2011]
789.Which of the following Sections does not provide for joinder of
charges?
(a) Section 219
(b) Section 221
(c) Section 222
(d) Section 225
Ans. (d) [OJS 2011]
790.When does a trial commence in warrant cases instituted on
police report?
(a) With issuance of process against accused
(b) With submission of police report
(c) On framing of formal charge by court
(d) On the appearance of the accused pursuant to process issued by
court
Ans. (c)[JJS 2014, DJS 2015]
791.If the accused is not acquitted under Section 232 of Cr.P.C.
then the court calls upon him to enter on
(a) His defence
(b) His counsel
(c) His version
(d) His statement
Ans. (a) [JJS 2016]
792.Which one of the following orders can be passed after the trial
of a case is over?
(a) Only an order of acquittal
(b) Only an order of conviction
(c) Order of discharge
(d) Either an order of acquittal or conviction
Ans. (d) [UJS 2002]
793.Section 236 of Code of Criminal Procedure, 1973, lays down a
special form of procedure as to the issue of liability to enhanced
punishment in consequence of previous conviction. The section
is applicable to trials before:
(a) Court of Session only
(b) Court of Judicial Magistrate only
(c) Both (a) and (b)
(d) Juvenile Justice Board only
(e) None of these
Ans. (a) [PJS 2017]
794.Under Code of Criminal Procedure, 1973 in a warrant case
instituted on police-report, the trial begins when
(a) Charges are framed
(b) Accused appears
(c) Witnesses are examined
(d) None of the above
Ans. (a) [UJS 2015]
795.Cr.P.C. A charge is framed by the Magistrate on the basis of
(a) Police report
(b) Statements recorded under Section 161 Cr.P.C.
(c) Police report and documents sent with it
(d) Documents produced by the prosecution as well as the accused
Ans. (c) [MP HJS 2015]
796. Point out the incorrect response under the Cr.P.C.
(a) Inquiry is conducted by a court
(b) Inquiry is conducted after framing the charge
(c) Inquiry is conducted prior to framing of charge
(d) Inquiry is conducted by a magistrate
Ans. (b)[UJS 2002, HPJS 2015]
CHAPTER XIX
TRIAL OF WARRANT-CASES
BY MAGISTRATES
[Sections 238-250]
797.In which Sections of the Cr.P.C. the trial procedure of Warrant
cases in given
(a) From Section 238 to 250
(b) From Section 251 to 259
(c) From Section 260 to 265
(d) From Section 225 to 237
Ans. (a)[MP APPO 2008]
798.If the complainant is absent on the day fixed for the hearing of
the warrant case, the Magistrate may discharge the accused if:
(a) The proceedings have been instituted upon complaint.
(b) The offence is non-cognizable or compoundable.
(c) The charge has not been framed.
(d) All of the above.
Ans. (d) [DJS 2010]
799.When the Magistrate may, in his discretion, discharge the
accused?
(a) At any time before the charge has been framed and the complainant
is absent on any day fixed for the hearing of the case
(b) Offence is lawfully compounded or is not a cognizable offence
(c) Both at any time before the charge has been framed and the
complainant is absent on any day fixed for the hearing of the case
and offence is lawfully compounded or is not a cognizable offence
(d) At any time after the charge has been framed with respect to
cognizable and compoundable offence.
Ans. (c) [CJS 2016]
800. An order of discharge:—
(a) is not a judgement
(b) is not a defence against fresh proceedings without fresh facts and
better evidence
(c) take place after formal framing of charges
(d) establishes innocence of accused
Ans. (a) [UP APP 2009]
801.Hearing on sentence by a Magistrate is required, on conviction
(a) in a summons trial case under Section 255(2) of Cr.P.C.
(b) in a warrant trial case under Section 248(2) of Cr.P.C.
(c) both (a) & (b)
(d) neither (a) nor (b)
Ans. (b) [HJS 2010]
802.Compensation for accusation without reasonable cause can be
awarded by the Magistrate
(a) Under Section 357(3) of Cr.P.C.
(b) Under Section 250 of Cr.P.C.
(c) Under Section 167(2) of Cr.P.C.
(d) Under Section 436-A of Cr.P.C.
Ans. (b) [MJS 2011]
803. What is not true?
 “Magistrate may discharge the accused if complainant is absent
on date of hearing” if offence is:
(a) Compoundable or
(b) Non-cognizable
(c) Before charge has been framed
(d) Provision would be applicable for complaint case and police case both
Ans. (d) [MPJS 2007]
804.In a warrant trial, after the charge is framed, the Magistrate
can:
(a) stop the proceedings under Section 258 Cr.P.C.
(b) drop the proceedings
(c) only acquit or convict the accused
(d) stay the proceedings in proper cases
Ans. (c) [KCJ 2012]
805.“If the complainant is absent on the day fixed for the hearing of
the case, the magistrate may, in his discretion, discharge the
accused in certain circumstances.” In which one of the following
circumstances the accused cannot be discharged?
(a) When the charge has been framed
(b) When the offence is compoundable
(c) When the offence is non-cognizable
(d) When the proceeding has been instituted on complaint
Ans. (a) [UP APP 2009]
CHAPTER XX
TRIAL OF SUMMONS-CASES
BY MAGISTRATES
[Sections 251-259]
806. In the trial of summons case by a Magistrate:
(a) Charges must be framed
(b) Charges need not be framed
(c) Charges can be framed provided accused does not object.
(d) Only substance of accusation is to be stated
 Ans. (d) [PJS 2013]
807.In a summons case, when the accused appears or is brought
before the Magistrate, it shall not be necessary to:
(a) State the particulars of the offence of which he is accused
(b) Ask whether he pleads guilty
(c) Ask whether he has any defence to make
(d) Frame a formal charge
Ans. (d) [RCJ 2014]
808.The procedure for summons cases is provided in the following
Sections of the Criminal Procedure Code:—
(a) Section 260 to 265
(b) Section 251 to 259
(c) Section 238 to 250
(d) Section 266 to 271
Ans. (b)[MP APPO 2009]
809.A Magistrate may under Section 252 or Section 255 of Cr.P.C.
convict the accused of any offence triable under
(a) Chapter XIX of Cr.P.C.
(b) Chapter XX of Cr.P.C.
(c) Chapter XXI of Cr.P.C.
(d) Chapter XV of Cr.P.C.
Ans. (b) [JJS 2016]
810.In a summons case, instituted on a complaint, the accused
having been summoned is liable to be dismissed under Section
256 of Cr.P.C.
(a) on account of death of the complainant
(b) on account of non-appearance of the complainant
(c) both (a) & (b)
(d) neither (a) nor (b)
Ans. (c) [PJS 2010]
811.Which provision of the Code of Criminal Procedure 1973 deals
with the ‘withdrawal of complaint’?
 (a) Section 223
(b) Section 254
(c) Section 257
(d) Section 259
Ans. (c) [PJS 2015]
812.An application filed under section 257 of Criminal Procedure
Code is allowed, so the accused will be
(a) Released
(b) Discharged
(c) Convicted
(d) Acquitted
Ans. (d)[MPCJ 2016, MPJS 2015]
813. Withdrawal of complaint, results in the:
(a) discharge of the accused in cases where the charge has not yet been
framed
(b) acquittal of the accused in cases where charge has already been
framed
(c) acquittal of the accused irrespective of whether the charge has been
framed or not
(d) none of the above
Ans. (c) [KCJ 2012]
814.Can a person discharged under section 258 of Criminal
Procedure Code be tried again for the same offence
(a) No he can’t be tried
(b) He can be tried with the consent of the court by which he was
discharged
(c) No since principle of double jeopardy would be applicable
(d) Yes by the consent of the State Government
Ans. (c) [MPCJ 2016,
MP (Pre) JS 2013-II]
815.A Magistrate, under Section 259 of the code of Criminal
Procedure, 1973 has the power to convert summons cases to
 warrant-cases relating to offence punishable for a term
exceeding:
(a) Six months
(b) Three months
(c) One year
(d) Nine months
Ans. (a) [PJS 2015]
816.In the interest of justice a Magistrate has the power to try a
summons case as a warrant case, wherein the offence to be
tried thereunder is punishable with the imprisonment
(a) exceeding 6 months
(b) exceeding 4 months
(c) exceeding 1 year
(d) None of the above
Ans. (a) [UP APO 2006]
817.In which of the following circumstances Magistrate has power
to convert summon cases into warrant cases?
(a) Without any ground
(b) In the interest of justice
(c) If prosecutor makes plea
(d) None of the above
Ans. (b)[Bihar APO 2013]
818.Under which provision of Cr.P.C., a court may convert summons
case into warrant case?
(a) Section 259
(b) Section 20
(c) Section 258
(d) All the above
Ans. (a) [UP APO 2011]
819.In every criminal trial, when the Magistrate finds the accused
guilty, he shall pass the sentence after hearing the accused.
(a) Right, without hearing the accused, no sentence can be passed
 (b) Wrong, it is not required in summons case
(c) It is required only before sending the conviction warrant
(d) Not required at all in any case
Ans. (b) [UP APO 2006]
820.In which of the trials hearing of the accused on sentence is not
necessary?
(a) Trial before a Court of Session
(b) Trial of warrant cases
(c) Trial of summons cases
(d) All of these
Ans. (c) [MPJS 2011]
821.Stoppage of proceedings in a criminal case has the effect of:
(a) acquittal in all circumstances
(b) acquittal where the evidence of the principal witness has been
recorded
(c) discharge in all other cases where the evidence of the principal
witness has not been recorded
(d) both (b) and (c)
Ans. (d) [KCJ 2012]
822.In which of the following trials under Code of Criminal
Procedure 1973, hearing of the accused on sentence is not
necessary
(a) in Session Trial
(b) in trial of warrant case
(c) in trial of summon case
(d) in all of the above
Ans. (c) [UJS 2015]
823.In a summons case, at the time of appearance of the accused
before the Magistrate, it is unnecessary to:
(a) state the particulars of the offence of which he is accused
(b) Frame a formal charge
(c) Ask him whether he pleads guilty
 (d) Ask him whether he has any defence to make
Ans. (b) [DJS 2015]
CHAPTER XXI
SUMMARY TRIALS
[Sections 260-265]
824.Under which Sections of Cr.P.C. Provision regarding ‘summary
trial’ is given?
(a) Sections 360–365
(b) Sections 260–265
(c) Sections 256–258
(d) Section 180–190
Ans. (b) [UJS 2010]
825.Procedure for summary trail is provided in which sections of
the Cr.P.C.?
(a) Section 251 to Section 260
(b) Section 238 to Section 205
(c) Section 260 to Section 265
(d) Section 255 to Section 265
Ans. (c) [UJS 2002]
826.Which of the following courts can try summarily offences
mentioned in Section 260 of Criminal Procedure Code?
(a) Any Chief Judicial Magistrate
(b) Any Metropolitan Magistrate
(c) Any magistrate of the first class specially empowered by the High
Court in this behalf
(d) All the above
Ans. (d) [UP PCS 2003,
MP APPO 2009]
827.The procedure for summary trial is provide in the following
sections of the Cr. P. Code—
(a) Section 251 to 259
(b) Section 238 to 250
 (c) Section 260 to 265
(d) Section 266 to 271
Ans. (c) [UP PCS 2003]
828. Who has the power of summary trial of a case?
(a) The Chief Judicial Magistrate
(b) The Metropolitan Magistrate
(c) Any Magistrate of the first class especially empowered
(d) All the above
Ans. (d) [DAPP 2005]
829.Which one of the following authorities is not entitled to try a
case summarily under the Code of Criminal Procedure?
(a) Chief Judicial Magistrate
(b) Metropolitan Magistrate
(c) Judicial Magistrate of the First Class
(d) 2nd Class Judicial Magistrate
Ans. (d) [UJS 2009]
830.Procedure for ‘summary trial’ is provided in which Sections of
the Cr.P.C.?
(a) Sections 251 to 260
(b) Sections 238 to 250
(c) Sections 260 to 265
(d) Sections 255 to 265
Ans. (c) [PJS 2011]
831.Which one of the following offence is triable summarily?
(a) Wrongful restraint
(b) Abducting in order to murder
(c) House trespass
(d) Offences not punishable with death, imprisonment for life or
imprisonment for a term excluding two years
 Ans. (d) [UK APO 2010,
HPJS 2011, 2016]
832.Which one of the following offences may not be tried
summarily?
(a) Offences punishable with imprisonment upto three years
(b) Offences under Section 454 and 456 of IPC
(c) Theft, under Sections 379, 380 and 381 of IPC where the value of
the property stolen does not exceed two hundred rupees
(d) Abetment of any of the foregoing offences
Ans. (a)[MP APPO 2008]
833.Which of the following cannot be tried summarily?
(a) Those offences which are punishable for two years.
(b) Those offences which are punishable for more than two years.
(c) Offence of theft when value of subject matter of the theft is Rs. 150.
(d) Offences under Section 454 and under Section 456.
Ans. (b) [Raj APP 2005]
834.Under Criminal Procedure Code, 1973, who empowers the
Judicial Magistrate First Class for summary trails?
(a) The State Government
(b) The High Court
(c) The Sessions Court
(d) Chief Judicial Magistrate
Ans. (b)[MP (Pre) JS 2013-I]
835.Under which one of the following Sections of Criminal
Procedure Code, 1973 Magistrate Second Class can conduct
summary trial?
(a) Section 260
(b) Section 261
(c) Section 262
(d) Section 263
Ans. (b)[UP PCS CJ 2016]
836.Under Criminal Procedure Code, the maximum term of
imprisonment awardable in a “Summary Trial” is ...................
(a) One month
(b) Three months
(c) Six months
(d) One year
Ans. (b) [MP PCS 1996,
CJS 2003, 2004, HPJ 2009,
Chhat ADPPO 2006, MPCJ 2016]
837. How much punishment may be awarded to an accused who is
found guilty under a summary trial?
(a) Not exceeding two years
(b) Not exceeding one year
(c) Not exceeding six months
(d) Not exceeding three months
Ans. (d) [MP PCS 1998,
UP PCSJ 2008]
838. Under Chapter XXI of Criminal Procedure Code while adopting
summary trial maximum punishment cannot be passed more
than—
(a) Two months
(b) Three months
(c) Four months
(d) One month
Ans. (b) [MP APO 2002,
MP APPO 2003]
839.In summary trial, maximum punishment up to .....................
can only be imposed.
(a) one month
(b) one year
(c) six months
(d) three months
 Ans. (d) [CJS 2016]
840.In a summary trial the maximum period of imprisonment is
(a) not exceeding three months
(b) not exceeding six months
(c) not exceeding one year
(d) not exceeding two years
Ans. (a) [UJS 2009]
841.When the offence punishable under IPC is tried by summary
procedure, the punishment shell not exceed:—
(a) One year
(b) Three months
(c) Six months
(d) Two years
Ans. (b) [CJS 2008]
842.In a summary trail of a case, on conviction the sentence of
imprisonment shall not be for a term exceeding:
(a) Three months
(b) Six months
(c) One month
(d) Fifteen days
Ans. (a) [MPJS 2011]
843.The maximum term of imprisonment awardable in a summary
trial is:—
(a) 3 months
(b) 6 months
(c) 9 months
(d) 1 year
Ans. (a)[Chhat ADPPO 2008]
844.What maximum punishment can be awarded by a Magistrate of
1st Class in a summary trial?
(a) One month
(b) Three months
 (c) Six months
(d) One year
Ans. (b) [Raj APP 2005]
845.In case of an offence triable summarily, which one of the
following sentence can be passed?
(a) Not exceeding three months
(b) Not exceeding two months
(c) Not exceeding six months
(d) None of the above
Ans. (a) [UP APO 2011]
846.Which of the following may not be a particular in record in
summary trials as per section 263?
(a) Parentage of the accused
(b) Parentage of the complainant
(c) The finding
(d) The date on which proceedings terminated
Ans. (b) [CJS 2016]
847. Which one of the following offences cannot be summarily
tried?
(a) Grievous hurt
(b) Theft when the value of stolen property is below Rs. 200
(c) Offences relating to Sections 454 and 456 of the Indian Penal Code
(d) Offence of abetment of the offences enumerated under Section
260(vii) of the Criminal Procedure Code
Ans. (a) [MP APO 2002, HPJ 2009]
848.Which of the following offences is triable summarily?
(a) Theft where the value of the property stolen does not exceed Rs. 500
(b) Lurking house trespass
(c) Assisting in the concealment of stolen property of the value not
exceeding Rs. 300
(d) Receiving or retaining stolen property under Section 411, IPC when
the value of the property does not exceed Rs. 250
 Ans. (b) [JCJ 2000]
849.Which one of the following offences a Chief Judicial Magistrate
cannot try in a summary way?
(a) Theft, where the value of property does not exceed two thousand
rupees.
(b) Theft, where the value of the property stolen exceeds three thousand
rupees.
(c) A complaint made under Cattle Trespass Act.
(d) Offences under Sections 454 and 456 of the Indian Penal Code.
Ans. (b) [UJS 2012]
850.In case of summary trial by special judge a convicted person
shall not file appeal if
(a) sentence of imprisonment not exceeding one month
(b) sentence of imprisonment not exceeding two months
(c) sentence of imprisonment not exceeding three months
(d) none of the above
Ans. (d) [HSJS 2012]
851.In a summary trial maximum punishment of imprisonment can
be-
(a) 3 months
(b) 6 months
(c) 1 year
(d) 2 years
Ans. (a) [UP HJS 2012]
852.Cr.P.C.—The maximum term of imprisonment in a summary trial
is
(a) Three months
(b) Six months
(c) One month
(d) One year
Ans. (a) [MP HJS 2015]
CHAPTER XXIA
 PLEA BARGAINING
[Sections 265A-265L]
853.The provisions of ‘Plea-Bargaining’ under Chapter XXI A of
Cr.P.C. are not applicable if the offence is committed against a
child below the age of:
(a) 12 years
(b) 14 years
(c) 16 years
(d) 18 years
Ans. (b) [HPJS 2012]
854.An accused may apply for plea-bargaining where he has
committed:
(a) an offence for which the punishment extends for imprisonment
exceeding seven years.
(b) an offence which affects socio-economic condition of the country
(c) an offence against a woman
(d) an offence of theft
Ans. (d) [UJS 2014]
855.A person accused of an offence may apply for a plea bargain in
(a) In the Court in which his case is pending trial
(b) In any Court
(c) In the High Court
(d) In the police station
Ans. (a) [APJS 2012]
856.An accused can make an application for plea bargaining if and
when he is alleged to have committed the offence
(a) of Murder
(b) affecting socio-economic condition of the country
(c) theft
(d) affecting women or children below the age of 14 years
Ans. (c) [RJS 2011]
857.In which of the cases a plea bargain cannot be effected:
 (a) where the offence is punishable with imprisonment exceeding 7
years
(b) where the offence is against a child below 14 years
(c) where the offence is against a woman
(d) all of the above
Ans. (d)[DJS 2007, PJS 2011]
858.Who can participate in plea bargaining (A/c to Section 265B of
Cr.P.C.)
(a) The accused and Victim
(b) The accused, victim, prosecution and investigation officer for mutual
satisfactory disposition
(c) Only Court
(d) None
Ans. (a) [DJS 2008]
859.Plea Bargaining, a new chapter, added in the Criminal
Procedure Code, 1973, by the Criminal Law Amendment Act,
2005, is contained in:
(a) Sections 265A to 265E
(b) Sections 265A to 265L
(c) Sections 265A to 265M
(d) Sections 265A to 265N
Ans. (b)[HPJS 2007-II, JJS 2016]
860.The offence affecting the socio-economic condition of the
country, to which plea bargaining is not applicable, shall be
notified by:
(a) The State Government
(b) The Scheduled Castes/Scheduled Tribes Commission
(c) The Human Rights Commission
(d) The Central Government
Ans. (d) [RCJ 2014]
861. The chapter of Plea Bargaining does not apply:
(a) when the offence is punishable with Death
 (b) when the offence is punishable with Imprisonment for life.
(c) to a Juvenile.
(d) all the above
Ans. (d) [PJS 2013]
862.The Court application for plea bargaining by the accused, to
satisfy itself that it is made voluntarily
(a) Examines him in open Court
(b) Examines him in Camera
(c) Records his evidence on Oath
(d) Seeks his affidavit
Ans. (b) [MPJS 2012]
863.Whom of the following can move the court for plea bargaining?
(a) The Police Officer
(b) The complainant
(c) Only the accused
(d) Both the accused or the complainant.
Ans. (c)[MJS 2010, KCJ 2012]
864.The provisions of plea bargaining are applicable:—
(a) to juvenile offenders
(b) at appellate stage
(c) where punishment is for more than 7 years imprisonment
(d) after issuance of process under section 204
Ans. (d) [MPJS 2010]
865.Under Cr.P.C., application for plea bargaining can be filed by—
(a) Accused
(b) Complainant
(c) Investigating Officer
(d) Public Prosecutor
Ans. (a)[MP (Pre) JS 2013-II]
866.The statements or facts stated by an accused in an application
for plea bargaining
 (a) can be used in any other case against the accused.
(b) can be used in any other case against the accused only with the
permission of the Court.
(c) cannot be used for any other purpose except for the purpose of plea
bargaining.
(d) can be used for any other purpose.
Ans (c) [MP HJS 2011]
867.Who can file an application for Plea Bargaining in the court in
which an offence is pending for trial?
(a) The Public Prosecutor
(b) The victim of the offence
(c) The Investigating Officer
(d) None of these
Ans. (d) [DJS 2014]
868.Under Criminal Procedure Code, 1973 who can file an
application for plea bargaining?
(a) The Public Prosecutor
(b) The Investigating Officer
(c) The Victim of the Offence
(d) The Accused of the Offence
Ans. (d)[UP PCS CJ 2015]
869.Guidelines for mutual satisfactory disposition are covered
under Section ............. of the Code of Criminal Procedure, 1973.
(a) 265C
(b) 265D
(c) 265E
(d) 265H
Ans. (a) [PJS 2015]
870. In case of plea Bargaining by the parties;
(a) No judgement may be delivered by the court
(b) Judgement may be delivered in private to the parties
 (c) Judgement shall be delivered in the open court
(d) The bargain struck by the parties is to operate as the Judgement
Ans. (c) [HJS 2013]
871. In a plea bargain who may participate
(a) police officer investigating the case
(b) victim
(c) accused
(d) all of the above
Ans. (d) [DJS 2007]
872. Plea bargaining under Indian law implies:
(a) bargain for declaration that the accused is innocent
(b) bargain for dilution of the charge
(c) bargain for lesser punishment or release on probation on accepting
the charge
(d) plea for lesser punishment and dilution of the charge
Ans. (c) [DAPP 2010]
873.Right of an accused for plea bargaining in India relates to:
(a) Fact bargaining
(b) Charge bargaining
(c) Sentence bargaining
(d) All of the above
Ans. (c) [DJS 2011]
874.Benefits of Plea Bargaining cannot be given to an accused, if he
has committed offence where:
(a) punishment is below 7 years
(b) offence relates to minor offences
(c) offence relates to children below 14 years of age
(d) offence relates to children above 14 years of age
Ans. (c) [CJS 2016]
875.Chapter XXIA of the Cr.P.C. was incorporated in the year;
(a) 2005
(b) 2006
 (c) 2004
(d) 2003
Ans. (b) [HJS 2013]
876.Provisions regarding ‘Plea Bargaining’ are given under Code of
Criminal Procedure in
(a) Chapter XIX
(b) Chapter XXIA
(c) Chapter XXII
(d) Chapter XXIIA
Ans. (b) [UJS 2016]
877.Provisions of Chapter XXIA Cr.P.C. are not applicable to cases
where the final report discloses:
(i) offences punishable for death
(ii) offences punishable for imprisonment of life
(iii) offences punishable for a term exceeding seven years’
imprisonment
(iv) offences punishable for a term exceeding three years’
imprisonment
Which of the following is correct:
(a) (i), (iii) & (iv)
(b) (ii), (iii) & (iv)
(c) (i), (ii) & (iii)
(d) (i), (ii) & (iv)
Ans. (c) [DJS 2015]
878.Newly inserted Chapter XXI-A of the Code of Criminal
Procedure deals with:
(a) Bail
(b) Plea bargaining
(c) Disposal of property
(d) Transfer of criminal cases
Ans. (b) [KCJ 2012]
879.The Chapter of “Plea Bargaining” is added to the Cr.P.C. by the:
 (a) Code of Criminal Procedure (Amendment) Act, 2005 (Act No. 25 of
2005)
(b) Criminal Law (Amendment) Act, 2005 (Act No. 2 of 2006)
(c) Criminal Procedure (Amendment) Act, 2006
(d) Criminal Law (Amendment) Act, 2003
Ans. (b)[UP PCS CJ 2006]
880.Which of the following chapters of Cr.P.C. is related with the
‘plea bargaining’?
(a) Chapter XXIIA
(b) Chapter XXIVA
(c) Chapter XXVA
(d) Chapter XXIA
Ans. (d) [Jhar APP 2012]
881.In which year was the provision of ‘Plea Bargaining’ introduced
as Chapter XXIA in the Code of Criminal Procedure, 1973?
(a) In the year 2003
(b) In the year 2004
(c) In the year 2005
(d) In the year 2006
Ans. (c) [UHJS 2011]
882.Plea bargaining is introduced in the Cr.P.C. through an
amendment in
(a) 2005
(b) 2006
(c) 2008
(d) 2009
Ans. (a) [PSJS 2012]
883.Plea bargaining is provided under which part of the Cr.P.C.
(a) Chapter XIX
(b) Chapter XX
(c) Chapter XXA
(d) Chapter XXIA
 Ans. (d) [CJS 2014]
CHAPTER XXII
ATTENDANCE OF PERSONS CONFINED OR DETAINED
IN PRISONS
[Sections 266-271]
884.Under which Section of law, Magistrate has power to issue
‘commission’ for examination of witness in prison?
(a) Section 270
(b) Section 271
(c) Section 272
(d) Section 273
Ans. (b) [JJS 2014]
885.Who can commute the sentence of imprisonment for life under
the Code of Criminal Procedure?
(a) The appropriate Government
(b) The President of India
(c) The Governor of the State
(d) The Central Government
Ans. (a) [UP APO 2002]
CHAPTER XXIII
EVIDENCE IN INQUIRIES
AND TRIALS
[Sections 272-299]
886.Which provision requires that evidence must be taken in the
presence of the accused?
(a) Section 302 of IPC
(b) Section 154 of the Evidence Act
(c) Section 277 of Cr.P.C
(d) Section 273 of Cr.P.C
Ans. (d) [APJS 2011]
887.The court can record demeanour of a witness under which
section of criminal procedure code?
 (a) Section 280
(b) Section 279
(c) Section 278.
(d) Section 281
Ans. (a) [UJS 2002]
888.Which one of the following Sections of Criminal Procedure
Code, 1973 is related to “Interpretator is bound to interpret
truthfully”
(a) Section 272
(b) Section 284
(c) Section 280
(d) Section 282
Ans. (d) [UK APO 2010]
889.The provisions proving conviction is envisaged in which of the
following Sections of Cr.P.C.?
(a) Section 296
(b) Section 297
(c) Section 298
(d) Section 299
Ans. (c) [UJS 2006]
890.The Section provides the procedure for proving previous
conviction or acquittal
(a) Section 353 of Cr.P.C.
(b) Section 298 of Cr.P.C.
(c) Section 295 of Cr.P.C.
(d) Section 364 of Cr.P.C.
Ans. (b) [APDSJ 2011]
891.Under which provision of the Code of Criminal Procedure,
examination of witness in the absence of absconded accused
can be done?
(a) Section 299
 (b) Section 321
(c) Section 224
(d) Section 301
Ans. (a)[UP PCS CJ 2013, UJS 2016]
892.For the purpose of the Code of Criminal Procedure 1973, who
from amongst the following, may determine the language of
each Court in the State other than the High Court?
(a) The High Court of the State
(b) The Supreme Court of India
(c) The State Government
(d) The Legislative Assembly of the State
Ans. (c) [RCJ 2014]
893.The power to determine the language or a subordinate court is
with:
(a) High Court
(b) State Government
(c) Central Government
(d) State Government with the concurrence of the High Court
Ans. (b) [HJS 2014]
894. Match the following lists and tick the correct
Code:
List-I List-II
A. S. 290 of Cr.P.C. 1. Report of Government
Scientific Expert
B. S. 291 of Cr.P.C. 2. Evidence of Officers of
Mint
C. S. 292 of Cr.P.C. 3. Deposition of Medical
Witness
D. S. 293 of Cr.P.C. 4. Execution of Foreign
Commission
Code:
A B C D
 (a) 1 2 3 4
(b) 4 3 1 2
(c) 4 3 2 1
(d) 4 2 3 1
Ans. (c) [UJS 2006]
895.In a criminal trial, without producing the Chemical Examiner to
the Government, the report given by him upon a thing duly
submitted for analysis in the course of any proceeding under the
Code of Criminal Procedure:
(a) Cannot be used as evidence
(b) Can be used as evidence only in summons cases
(c) Can be used as evidence
(d) Can be used only to refresh memory of the investigation officer
coming in evidence
Ans. (c) [RCJ 2014]
896.Under which of the following Sections of the Code of Criminal
Procedure provides issue of commission for the examination of
the President or the Vice President of India as a witness?
(a) Section 286
(b) Section 284
(c) Section 287
(d) None of the above
Ans. (b) [UK APO 2010]
897. Which of the following statements is/are correct?
All evidence taken in the course of the trial or other proceeding
must be taken in the presence of the
1. accused only.
2. accused and his pleader.
3. pleader of the accused, when the attendance of the accused is
dispensed with.
4. accused, except as otherwise provided under the Code of
Criminal Procedure, 1973.
 Select the correct answer using the code given below:
(a) 2
(b) 1
(c) 3 and 4
(d) 4 only
Ans. (c)[UPSC CBI PP 2010]
898.All evidences taken in the course of trial shall be taken in the
presence of the accused, except in the following circumstances.
(a) A minor girl, victim of kidnapping.
(b) An old person, witness of murder.
(c) A minor girl, victim of rape.
(d) A physically handicapped woman, victim of road accident.
Ans. (c) [DHJS 2014]
CHAPTER XXIV
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
[Sections 300-327]
899.A is tried for voluntarily causing grievous hurt and convicted.
The victim subsequently dies. The State wants to try A for the
offence of culpable homicide amounting to murder under IPC.
Which one among the following is the correct legal position?
(a) A cannot be tried for the second time under Section 300 of Code of
Criminal Procedure
(b) A was already convicted and punished and hence cannot be tried
second time under the law
(c) A can be tried for the second time for culpable homicide amounting
to murder
(d) A can be tried once again for the same offence that caused his death
Ans. (c) [DAPP 2010]
900.Which one of the following Sections of the Code of Criminal
Procedure prohibits again trial of a person who has been tried
by a court of competent jurisdiction for an offence and
convicted or acquitted of such offence?
 (a) Section 303
(b) Section 299
(c) Section 20(1)
(d) Section 300(1)
Ans. (d) [HPJS 2013]
901.Which Section is based on the maxim ‘Nemo debet bis vexari
prop eadem cause’ i.e. a man shall not be twice vexed for one
and the same cause?
(a) Section 300
(b) Section 301
(c) Section 302
(d) Section 303
Ans. (a) [OJS 2011]
902.Which one of the following sections of the Cr.P.C. provides that
a person once convincted or acquitted shall not be tried again
for the same offence?
(a) Section 303
(b) Section 20(3)
(c) Section 300(1)
(d) None of the above
Ans. (c)[UJS 2002, UJS 2014]
903.Which section of Cr.P.C. provides protection against double
jeopardy or autrefois convict?
(a) Section 400
(b) Section 403
(c) Section 300
(d) Section 301
Ans. (c)[MP HJS 2014, CJS 2016]
904.Which one of the following Sections of Criminal Procedure
Code, 1973 provides that a person once convicted or acquitted
cannot be tried again for the same offence?
 (a) Section 298
(b) Section 299
(c) Section 300
(d) Section 301
Ans. (c) [UK APO 2010]
905.Which of the following Sections is based on the doctrine of
‘autrefois acquit’ and ‘autrefois convict’?
(a) Section 289 of Cr.P.C.
(b) Section 295 of Cr.P.C.
(c) Section 300 of Cr.P.C.
(d) Section 327 of Cr.P.C.
Ans. (c)[Jhar APP 2012, JJS 2016]
906.Which of the following persons are entitled under Section 302
Cr.P.C. to conduct the prosecution of the case without the
permission of the Magistrate:
(a) Public Prosecutor
(b) Government Advocate
(c) Assistant Public Prosecutor
(d) All the above
Ans. (d) [PJS 2013]
907.When an accused does not have sufficient means to engage
pleader the Sessions Court may assign a pleader for his defense
at the expense of the State. It is ensured by which Section of
the Cr.P. Code?
(a) Section 301
(b) Section 304
(c) Section 306
(d) Section 305
Ans. (b) [UP APO 2002]
908. Section 304 Cr.P.C. deals with—
(a) Protection to accused against double prosecution for the same
offence
 (b) Legal aid to the accused at State expenses
(c) Withdrawal from prosecution
(d) Order to release on probation of good conduct
Ans. (b) [UJS 2002]
909.In which one of the following Sections of Cr.P.C. provisions for
free legal aid is made?
(a) Section 301
(b) Section 306
(c) Section 304
(d) Section 309
Ans. (c)[Raj APP 2005 , UJS 2006,
UK APO 2010, UP APO 2011,
PJS 2015, UJS 2014, 2015, CJS 2016]
910.If an accused before a sessions court can’t engage a pleader
the court shall
(a) refer him to state legal service authority
(b) engage a pleader for him at state expenses
(c) proceed with the matter without counsel for accused
(d) none of the above
Ans. (b) [DJS 2007]
911.Where, in a trial before the Court of Session, the accused is not
represented a pleader, and where it appears to the court that
the accused has not sufficient means to engage a pleader, the
court shall assign a pleader for his defence at expense of the
State in the Code of Criminal Procedure, 1973 under:
(a) Section 302
(b) Section 303
(c) Section 304
(d) Section 404
Ans. (c) [HPJS 2007-I]
912.Where it appears to the Court that the accused do not have
sufficient means to engage a pleader, the Court shall assign a
 pleader for his defence at the expenses of the State. This
provision is in:
(a) Section 104
(b) Section 144
(c) Section 303
(d) Section 304
Ans. (d) [MPJS 2012]
913.Section 304 of the Code of Criminal Procedure provides for:
(a) In certain cases making available a pleader to the accused at the
expenses of State
(b) Tender of pardon to accomplice
(c) Power to adjourn proceedings
(d) Power to proceed against other persons appearing to be guilty of
offence
Ans. (a) [RCJ 2014]
914.The court may assign a pleader to an accused in a trial when it
appears to the court that the accused does not have ............
means to engage one:
(a) adequate
(b) sufficient
(c) proper
(d) reasonable
Ans. (b) [PJS 2013]
915.Consider the following statements regarding legal aid to
accused at State expenses:
Legal aid is
1. a right of the accused
2. charity by the State
3. available in trial before Sessions Court only
4. available in all trials
Which of the statements given above are correct?
(a) 1 and 2
 (b) 2 and 3
(c) 1 and 3
(d) 2 and 4
Ans. (c) [DAPP 2005]
916.Provision of section 304 of the Code of Criminal Procedure
applies only when in a trial before ……….. the accused is not
represented by a pleader and it appears that he does not have
sufficient means to engage a pleader
(a) any court
(b) court of session
(c) High Court
(d) None of these
Ans. (b) [DHJS 2014]
917.Legal Aid to the accused at the State expense, is a provisions of
law under the ……….. of Cr.P.C.
(a) Section 301
(b) Section 302
(c) Section 303
(d) Section 304
Ans. (d) [HSJS 2012]
918. Who among the following is not empowered to tender pardon
to accomplice under Section 306 of the Code of Criminal
Procedure?
(a) Metropolitan Magistrate
(b) Magistrate of Second Class
(c) Chief Judicial Magistrate
(d) Magistrate of the First Class
Ans. (b)[UP APO 2002, DAPP 2005]
919.Pardon may be tendered to an accomplice under Section 306
Cr.P.c. when:
(a) He is not in a position to stand trial due to infirm health.
(b) When he is declared insane.
 (c) He undertakes to make full and true disclosure of the facts relating
to the offence.
(d) All of the above.
Ans. (c) [DJS 2011]
920.Who among the following can tender pardon to accomplice
under Section 306 of the Criminal Procedure Code?
(a) Chief Judicial Magistrate
(b) Metropolitan Magistrate
(c) Magistrate of the First Class
(d) All of the above
Ans. (d)[UJS 2009, Bihar APO 2013]
921.When may an accomplice be tendered pardon under Section
306 of Criminal Procedure Code?
(a) Only at the stage of investigation
(b) Only at the stage of enquiry
(c) Only at the stage of trial
(d) At any stage of enquiry or investigation or the trial
Ans. (d)[MP (Pre) JS 2013-I]
922.Who cannot tender pardon to an accomplice under section 306
of the Code of Criminal Procedure
(a) Chief Judicial Magistrate
(b) Metropolitan Magistrate
(c) The Judicial Magistrate First Class inquiring into or trying the offence
(d) Executive Magistrate
Ans. (d) [MPJS 2015]
923.The provisions as contained in Section 306(2) Cr.P.C. in relation
to pardon to an accomplice applies to any offence punishable
with imprisonment which may extend to ................. or with a
more severe sentence:
(a) 2 years
(b) 3 years
(c) 5 years
 (d) 7 years
Ans. (d) [PJS 2013]
924.Any person, who has accepted a tender of pardon made under
Section 306 or Section 307, has, either by willfully concealing
anything essential or by giving false evidence, not complied
with the condition on which the tender was made. Who will
certify this fact?
(a) District Magistrate
(b) Sessions Judge
(c) Public Prosecutor
(d) Chief Judicial Magistrate
Ans. (c) [MP PCS 2001]
925.When may an accomplice to tendered pardon under Section 306
of the Cr.P.C.?
(a) at any stage of investigation
(b) at any stage of enquiry
(c) at any stage of trial
(d) at any stage of these
Ans. (d)[MP APPO 2008]
926.When an accused person is pardoned under Section 306 of the
Code of Criminal Procedure 1973, he
(a) becomes a witness for the prosecution.
(b) becomes an ordinary witness.
(c) should be examined as a witness first in the trial court.
(d) becomes a witness for the defence.
Ans. (a)[UPSC CBI PP 2010]
927.A Judicial Magistrate First Class may tender a pardon to a
person at any stage of the ………..
(a) investigation, inquiry and trial
(b) inquiry and trial only
(c) investigation only
(d) trial only
 Ans (b) [MP HJS 2012]
928.Under which Section of law the court has provision to direct
tender of pardon to the accused before pronouncement of
judgment?
(a) Section 306
(b) Section 307
(c) Section 301
(d) Section 310
Ans. (b) [JJS 2014]
929.Under section 308 of the Code of Criminal Procedure, 1973, an
accomplice, who does not comply with the conditions of pardon,
may be prosecuted and tried separately for the offence of giving
false evidence, but with the sanction of the
(a) Sessions Court
(b) High Court
(c) State Government
(d) Chief Justice of High Court
Ans. (b) [UP APO 2006,
UP APP 2006]
930.Under Section 308 of Cr.P.C. an accomplice, who does not
comply with the conditions of pardon, may be prosecuted and
tried separately for the offence of giving false evidence, but
with the sanction of the:
(a) Chief Justice of the High Court
(b) High Court
(c) Sessions Court
(d) State Government
Ans. (b) [HPJS 2007-II]
931.Can a Magistrate inspect any place of the commission of
offence during trial?
(a) No, a Magistrate cannot be a witness under Section 310 of Cr. P.C.
(b) No, a Magistrate is concerned only to the case of prosecution under
Section 310 of Cr. P.C.
 (c) Yes, Magistrate can inspect for the proper appreciation of evidence
under Section 310 of Cr. P.C.
(d) Yes, but inspection will not be a part of file.
Ans. (c) [Raj APP 2007]
932.Power under Section 311 of Cr.P.C. can be exercised by the
Court
(a) to recall any witness(es) already examined
(b) to summon any witness who has been cited as a witness but not
produced or examined before the evidence is closed
(c) to summon any witness who has not been cited as a witness
(d) all the above
Ans. (d) [HJS 2010]
933.In terms of the provisions of Code of Criminal Procedure, the
power to recall any witness can be exercised:
(a) Before the evidence of the prosecution is closed if the witness is to
be called on the motion of the prosecution
(b) Even after the evidence of both the sides is closed
(c) Even after the evidence of prosecution is closed, but before the
evidence of defence is closed
(d) None of the above
Ans. (b) [APJS 2012]
934.Which of the following statements regarding Section 311 of the
Code of Criminal Procedure, 1973 is/are correct?
(a) It confers the Court with a power to summon material witness or
examine persons present.
(b) It gives a discretion to the Court to examine the witness at any
stage.
(c) It compels the Court to examine a witness if his evidence appears to
be essential.
(d) All of the above are correct.
Ans. (d)[DU LLM Entrance 2009]
935.Under which section of the Code of Criminal Procedure a court
at any stage of trial may recall and re-examine any person
already examined?
(a) Section 311
(b) Section 323
(c) Section 313
(d) Section 315
Ans. (a) [UP APO 2011]
936. Which statement is wrong
(a) under Section 311 CrPC witnesses can be recalled at any stage
(b) if the evidence of a person appears to be essential for the just
decision of the case then the recording of the statement of the
witness under Section 311 is mandatory
(c) Aim of Section 311 is not to fill up gap of prosecution but to discover
truth
(d) All of the above is correct
Ans. (d) [MP HJS 2014]
937.Section 311-A of Code of Criminal Procedure empowers the
Magistrate of First Class to
(a) Summon material witness
(b) Postpone or adjourn proceedings
(c) Order person to give specimen signatures
(d) Visit and inspect any place in which an offence is alleged to have
been committed
Ans. (c) [MJS 2011]
938.Power to recall any witness(es) under Section 311 of Cr.P.C,
can be exercised:
(a) Even after the evidence of both the sides is closed
(b) After the evidence of the prosecution is closed, but before the
evidence of defence is closed
(c) Before the evidence of the prosecution is closed, if the witness is to
be called on the motion of the prosecution
 (d) After the evidence of the prosecution is closed if the witness is called
on the motion of the defence
Ans. (a) [HJS 2011]
939.A Magistrate under Section 311A of the Code of Criminal
Procedure, can order any person to:
(a) To give specimen signatures
(b) To give specimen handwriting
(c) Either (a) or (b)
(d) All of the above
Ans. (c) [APJS 2012]
940.Under Section 311 of Cr.P.C. a witness can be called
(a) on the motion of the prosecution
(b) on the motion of the defence
(c) on its own motion by the court
(d) All these
Ans. (d) [DJS 2015]
941. Statement of an accused is recorded
(a) To give him opportunity to state his defence
(b) To enable him to explain circumstances appearing in the evidence
against him
(c) To extract the truth from his mouth
(d) To verify whether he can be released on probation.
Ans. (b) [MPJS 2012]
942.Under Section 313 of the Code of Criminal Procedure, 1973:
(a) No oath shall be administered to the accused when he is examined.
(b) The accused shall render himself liable to punishment by refusing to
answer questions, or by giving false answers to them.
(c) The answers given by the accused cannot be taken into consideration
and put in evidence for or against him in any other inquiry/trial for
any other offence.
 (d) Every error or omission in complying with Sec. 313 necessarily
vitiates the trial.
Ans. (a) [DJS 2010]
943.When examined under Section 313 Cr.P.C., a circumstance
incriminating the accused is not put to the accused for the
explanation. The said circumstances cannot be used against the
accused because:
(a) It is inadmissible in evidence
(b) It becomes irrelevant for purposes of evidence
(c) Law mandates that it cannot be taken into consideration
(d) All of the above
Ans. (c) [DJS 2011]
944.The court can put questions to the accused to explain any
circumstances appearing in the evidence against him ______ .
(a) only at his first appearance
(b) only after prosecution evidence is over
(c) at any stage
(d) none of the above
Ans. (c) [MJS 2010]
945.Under Section 313 of the code, purpose of examination of
accused is:
(a) to enabling the accused personally to explain any circumstances
appearing in the evidence against him
(b) to enabling to accused to know his defence
(c) to enabling to accused to know about the charges
(d) all of the above
Ans. (a) [MPJS 2012]
946.Under Section 313 of the CrPC, the statement of the accused
has to be taken by the Court
(a) on Oath
(b) not on Oath
(c) either on Oath or without Oath as per discretion of the Court
 (d) either on Oath or without Oath as per discretion depending on
whether the case is summons trial or warrant trial
Ans. (b) [UJS 2012]
947. Which of the following statements is wrong:
(a) oath may be administered to an accused before he is examined
under Section 313 Cr.P.C.
(b) an accused can be examined as a witness only on his request in
writing
(c) an accused can refuse to answer any question when he is examined
under Section 313 Cr.P.C.
(d) the court can put to the accused a question at any stage of the trial
Ans. (a) [KCJ 2012]
948.During trial, statements of an accused person are recorded by
the court under Code of Criminal Procedure 1973 under
(a) Section 311
(b) Section 312
(c) Section 313
(d) Section 314
Ans. (c) [UJS 2015]
949. Which of the following statements is wrong:
(a) Oath may be administered to an accused before her examination
under Section 313 Cr.P.C.
(b) Accused can refuse to answer any question when he is examined
under Section 313 Cr.P.C.
(c) Accused can be put any question by the court at any stage of the
trial.
(d) Evidence which incriminates the accused has to be put to him or her
by the court.
Ans. (a) [DJS 2015]
950. The purpose of Section 313 of Cr.P.C. is:
(a) To know the facts of the case directly from the accused
 (b) To enable the accused personally to explain the circumstances
appearing against him in evidence
(c) To enable the accused to explain his previous bad character
(d) To enable the accused to give evidence of good character
Ans. (b) [HHJS 2011]
951.“Accused statement under Section 313 Cr.P.C. is to be recorded
on oath”
(a) Above statement is true
(b) Above statement is false
(c) Above statement is partially true
(d) None of above.
Ans. (b) [UP HJS 2009]
952.Under Section 313 Cr.P.C., the statement of the accused has to
be recorded
(a) on oath
(b) without oath
(c) on oath in warrant case
(d) on oath in cognizable case
Ans. (b) [APDSJ 2011]
953.Under which section of Code of Criminal Procedure an accused
person can himself be a competent witness for the defence?
(a) Section 311
(b) Section 313
(c) Section 315
(d) Section 319
Ans. (c)[UP APO 2002, DAPP 2005]
954. Whether an accused may be a competent witness in his own
defence?
(a) If he applies in writing on his own request
(b) No
(c) With the leave of Court of Session
(d) With the leave of High Court
 Ans. (a) [MP PCS 1998]
955.Under which section of Cr.P.C. an accused person can himself
be a competent witness?
(a) Section 315
(b) Section 300
(c) Section 313
(d) Section 317
Ans. (a) [UJS 2002, UK APO 2010]
956.Section 315 of the Code of Criminal Procedure relate to the
accused person as competent witness. With regard to this,
which one among the following statements is not correct?
(a) An accused can be compelled to adduce evidence by the court of law
without any application in writing by him
(b) The failure of accused to give evidence shall neither be subject to
any comment by parties or court nor shall give rise to any
presumption against him or any other person facing charges along
with him at the same trial
(c) Any person accused of an offence before criminal court shall be
competent witness for the defence
(d) A person accused of an offence may voluntarily give evidence on
oath in disproof of charges made against him or any person charged
together with him at the same trial
Ans. (a) [DAPP 2010]
957. Under Section 315 of Cr.P.C.
(a) An accused cannot be a witness
(b) An accused can be compelled to give his own evidence generally
(c) An accused can be called as a witness only on his own request in
writing
(d) Either (a) or (b)
Ans. (c)[HJS 2011, DJS 2015]
958.An accused having been called to examine himself on a request
in writing:
(a) must necessarily examine himself
 (b) has the liberty not to give evidence without giving rise to any
presumption against him
(c) has the liberty not to give evidence but in such a case a presumption
arises against him
(d) none of the above
Ans. (b) [KCJ 2012]
959.An accused person may be a competent witness in his own
defence under the Code of Criminal Procedure 1973, in
(a) Section 312
(b) Section 313
(c) Section 315
(d) Section 316
Ans. (c) [UJS 2015]
960.Under Criminal Procedure Code, 1973, whether an accused may
be a competent witness in his own defence?
(a) On his own request in writing
(b) On mere oral request
(c) With the leave of Court of Session
(d) With the leave of CJM only
Ans. (a) [MPJS 2015]
961.In which of the following Sections it is declared that accused
person shall be the competent witness?
(a) Section 313 of Cr.P.C.
(b) Section 314 of Cr.P.C.
(c) Section 315 of Cr.P.C.
(d) Section 316 of Cr.P.C.
Ans. (c) [Jhar APP 2012]
962.In the case of an accused facing inquiry or trial though not of
unsound mind but not capable of understanding the
proceedings:
(a) the court shall proceed with the inquiry or trial;
(b) the court shall not proceed with the inquiry or trial;
 (c) the court may proceed with the inquiry or trial after obtaining
necessary orders from the High Court;
(d) the court may proceed with inquiry or trial and in the case the same
results in conviction, forward the proceeding to the High Court along
with a report on which High Court shall pass such orders as deemed
fit.
Ans. (d) [DJS 2015]
963.Under Section 319 Cr.P.C., a person may be added as an
additional accused on the basis of the
(a) documents relied on by the prosecution
(b) supplementary report of the investigating officer
(c) evidence adduced in the case
(d) subsequent developments
Ans. (c) [KJS 2011]
964.Power under Section 319 of Cr.P.C. can be exercised—
(a) by the Magistrate and the Court of Sessions both only after recording
of evidence during the inquiry or trial
(b) by the Magistrate before recording of evidence but by the Court of
Sessions only after recording of evidence
(c) by the Magistrate and the Court of Sessions both even before
recording of evidence
(d) by the Magistrate only after recording evidence but the Court of
Sessions before recording of evidence
Ans. (a) [UP HJS 2012]
965.For summoning an accused under Section 319 Cr.P.C—
(a) Statement under 161 Cr.P.C. is relevant
(b) Statement on oath in the trial is relevant
(c) Both the above statements are relevant
(d) None of the above.
Ans. (c) [UP HJS 2009]
966.The composition of an offence under section 320 Cr.P.C. shall
have the effect of:
 (a) Conviction
(b) Discharge
(c) Acquittal
(d) Finish the case
Ans. (c) [CJS 2003,
Chhat ADPPO 2006]
967.When the person who would otherwise be competent to
compound an offence under Section 320 of Cr.P.C. is dead,
then—
(a) Offence cannot be compounded
(b) Offence can be compounded by any eye witness
(c) Offence can be compounded by the legal representative of such
person without the consent of the court
(d) legal representative of such person can compound the offence with
the consent of the court
Ans. (d)[CJS 2004, DJS 2010]
968.Offences of Indian Penal Code other than mentioned in Section
320 of Criminal Procedure Code are:
(a) not compoundable
(b) compoundable with the permission of court
(c) compoundable by the Court of Sessions
(d) compoundable by the High Court
Ans. (a)[MPCJ 2006, HJS 2014]
969.Compounding of offence under the provisions of Criminal
Procedure Code results in that criminal case:
(a) acquittal of accused
(b) discharge of accused
(c) acquittal only if the charges have been framed
(d) discharge only if the charges have been framed
Ans. (a) [MPCJ 2006]
970.Classification of compoundable and non-compoundable
offences has been provided under Cr.P.C. in:
 (a) First Schedule
(b) Second Schedule
(c) Section 321 Cr.P.C.
(d) Section 320 Cr.P.C.
Ans. (d) [UJS 2006]
971.The offence committed under which section of IPC is not
compoundable under section 320 of Cr.P.C.?
(a) Section 352
(b) Section 353
(c) Section 354
(d) Section 355
(e) Both (b) and (c)
Ans. (e)[UP APO 2006, UP APP 2006]
972.Whether an offence is compoundable or not is provided under
which provision of Cr.P.C.
(a) Sch. I
(b) Sch. II
(c) either (a) or (b)
(d) none of the above
Ans. (d) [DJS 2007]
973.Offences other than those mentioned in Section 320 of the Code
of Criminal Procedure, 1973, are:
(a) Compoundable with the permission of the court
(b) Compoundable by the Court of Sessions
(c) Compoundable by the High Court
(d) Not compoundable
Ans. (d) [HPJS 2007-II]
974.An offence of voluntarily causing grievous hurt by dangerous
weapons or means as provided under Section 326 of the Indian
Penal Code is:
(a) Compoundable
(b) Non-Compoundable
 (c) Compoundable with the permission of Court
(d) None of the above
Ans. (b) [MPJS 2009]
975.What is the effect of compounding of offence under section 320
Cr.P.C.:—
(a) Discharge
(b) Conviction
(c) Acquittal
(d) Releasing on probation of good conduct
Ans. (c) [CJS 2008]
976.Compounding of offence under Section 320 of Cr.P.C. results in
(a) acquittal of the accused under all circumstances
(b) acquittal of the accused only where the charges has already been
framed
(c) discharge of the accused where the charge has not yet been framed
(d) either (b) or (c)
Ans. (a) [HJS 2010]
977.Compounding of offence under the provisions of the Code in
criminal case when charge was framed, results in:—
(a) acquittal of accused
(b) discharge of accused
(c) release only
(d) case filed only
Ans. (a) [MPJS 2010]
978.Offences in which a compromise can be arrived at between the
parties are:—
(a) bailable offences
(b) non-cognizable offences
(c) compoundable offences
(d) non-compoundable offences
Ans. (c) [MPJS 2010]
979. Which offence is not compoundable?
(a) 337 IPC
(b) 324 IPC
(c) 312 IPC
(d) 420 IPC
Ans. (b) [MPJS 2011]
980.When the person competent to compound an offence under
Section 320 Cr.P.C. is dead, then:
(a) The offence cannot be compounded
(b) The offence can be compounded by the prosecutor
(c) Legal representative of such person can compound the offence with
the consent of the court
(d) None of the above
Ans. (c) [DJS 2011]
981.Compounding of offence under the provisions of Cr.P.C. results
in:
(a) acquittal of accused
(b) acquittal only if the charges have been framed
(c) discharge of accused
(d) discharged only if the charge have been framed
Ans. (a) [PJS 2011]
982.If the, person who is competent to compound offence is dead,
the compounding
(a) Cannot be done
(b) Can be done by the legal representative of the deceased without the
permission of the Court
(c) Can be done by the legal representative of the deceased only with
the permission of the Court.
(d) Both (b) & (c)
Ans. (c) [HJS 2011]
983.Who is the person competent to compound an offence of
criminal trespass under Section 320 CrPC?
(a) The person in possession of the property trespassed upon
(b) Investigating officer
(c) The person who gave the complaint of trespass
(d) None of the above
Ans. (a) [APJS 2011]
984.Offences not covered under Section 320 of the Code of Criminal
Procedure are:
(a) Non-compoundable
(b) Compoundable with the leave of Trial Court
(c) Compoundable with the leave of Court of Sessions
(d) Compoundable with the leave of High Court
Ans. (a) [APJS 2012]
985.In a situation where a person competent to compound an
offence is dead, the compounding:
(a) Cannot be done
(b) Can be done by the legal representative of the deceased
(c) Can be done by the legal representative of the deceased with the
due permission of the Court
(d) None of the above
Ans. (c) [APJS 2012]
986.Which one of the following offences may not be compounded by
the persons mentioned in the third column of the table given
under Section 320(1) of the Code of Criminal Procedure:
(a) Adultery
(b) Bigamy
(c) House trespass
(d) Causing hurt
Ans. (b) [HPJS 2013]
987.Offences other than those mentioned under Section 320 of
Cr.P.C.:
 (a) are compoundable
(b) are not compoundable
(c) are compoundable with the permission of the court
(d) are compoundable by the High Court
Ans. (b) [KCJ 2012]
988.Classification of ‘compoundable and non-compoundable
offences’ has been provided under
(a) 1st Schedule of Cr.P.C.
(b) 2nd Schedule of Cr.P.C.
(c) Section 320 of Cr.P.C.
(d) Section 321 of Cr.P.C.
Ans. (c) [UJS 2014]
989.‘A’ faced trial for cheating ‘Z’ by dishonestly inducing him to
lend money by knowingly pledging fake diamonds. ‘Z’ died
during trial and was survived by a son ‘X’. ‘X’ moved an
application in the Trial Court to compound the offence. Which of
the following is the correct legal preposition?
(a) ‘X’ is not competent to compound the offence.
(b) On the death of complainant ‘Z’, the trial proceedings shall abate.
(c) Court cannot entertain such an application after death of the
complainant.
(d) ‘X’ can compound the offence with the consent of the Court.
Ans. (d) [DJS 2014]
990.When the person who would otherwise be competent to
compound an offence under Section 320 of Cr.P.C. is dead,
then—
(a) Legal representative of such person as defined in the Code of
Criminal Procedure, 1973 can compound the offence with the
permission of the Court.
(b) Offence can be compounded by any alive eye witness.
(c) Offence cannot be compounded after the death of person.
 (d) Legal representative of such person as defined in the Code of Civil
Procedure 1908, can compound the offence with the consent of the
Court.
Ans. (d)[MP (CJ) JS 2014]
991.Which of the following offences is cognizable, non-bailable and
non-compoundable:
(a) voluntarily causing grievous hurt, punishable under Section 325 IPC
(b) attempt to murder punishable under Section 307 IPC
(c) voluntarily causing hurt to extort confession, or to compel restoration
of property, punishable under Section 330 IPC
(d) voluntarily causing grievous hurt on provocation punishable under
Section 335 IPC
Ans. (b) [RJS 2015]
992.‘A’, a public servant, having charge of translation of a
document, makes an incorrect translation of a document with
an intent to cause injury to ‘B’. The offence committed by ‘A’ is:
(a) Non-Cognizable
(b) Non-Bailable
(c) Non-Compoundable
(d) All of the above
Ans. (c) [RJS 2016]
993.Who can withdraw a case from the prosecution under Section
321, Cr.P.C.?
(a) The State Government
(b) Public Prosecutor Incharge of a case with the permission of Court
(c) Public Prosecutor Incharge of a case even without permission of
Court
(d) District Magistrate
Ans. (b) [MPCJ 2016]
994.When a person who would otherwise be competent to
compound an offence under Code of Criminal Procedure 1973, is
dead, then:
 (a) Offence cannot be compounded at all.
(b) Offence can be compounded by Public Prosecutor with consent of the
Court
(c) Offence can be compounded by legal representative of deceased with
consent of the Court
(d) Offence can be compounded by District Legal Services Authority with
consent of the Court
(e) None of these
Ans. (c) [PJS 2017]
995.At any time before the Judgment is pronounced, prosecution of
any person may be with drawn with the consent of the Court
by—
(a) On whose instance first information report was recorded
(b) Investigating officer of the case
(c) Public Prosecutor or Assistant Public Prosecutor incharge of the case
(d) Person aggrieved by the offence
Ans. (c) [MP PCS 2001]
996.Offences other than those mentioned under Section 320 of the
Cr.P.C. are:
(a) Compoundable with the consent of the victim
(b) Compoundable but only with express permission of the court
(c) Compoundable only by the High Court
(d) Not Compoundable
Ans. (d)[DU LLM Entrance 2012]
997.The offences which can be compounded are provided under:—
(a) Schedule first of Cr.P.C.
(b) Schedule second of Cr.P.C.
(c) Schedule 320 of Cr.P.C.
(d) Schedule 321 of Cr.P.C.
Ans. (c) [UP APP 2009]
998.In which of the following sections a list of compoundable
offences is given?
 (a) Section 230 of Cr.P.C.
(b) Section 320 of Cr.P.C.
(c) Section 320 of IPC
(d) Section 230 of IPC
Ans. (b)[MP APPO 2008]
999. Which of the following offences is compoundable?
(a) Offence under Section 498 of IPC
(b) Offence under Section 403 of IPC
(c) Offence under Section 298 of IPC
(d) all of the above
Ans. (d)[Chhat ADPPO 2008]
1000.Under the Code of Criminal Procedure, 1973 the classification
of compoundable and non-compoundable offences has been
provided
(a) in the First Schedule
(b) in the Second Schedule
(c) In Section 320 Cr.P.C.
(d) In Section 321 Cr.P.C.
Ans. (c) [UP APO 2011]
1001. Compounding of an offence will result in—
(a) acquittal
(b) discharge
(c) compromise
(d) conviction
Ans. (a) [UP HJS 2012]
1002.When an offence has been compounded under Section 320
Cr.P.C. such composition of the offence shall have the effect of
(a) discharge of the accused under all circumstances
(b) acquittal of the accused under all circumstances
(c) acquittal of the accused when charge was framed and discharge of
the accused when charge was not framed
(d) neither acquittal of the accused not discharge of the accused
 Ans. (b) [APDSJ 2011]
1003.Where a person who is competent to compound is dead,
compounding
(a) cannot be done as it abates
(b) can be done by the legal representatives of the deceased
(c) can be done by the legal representatives of the deceased with the
permission of the court
(d) can be done by paying compensation to the legal representatives of
the deceased under plea bargaining
Ans. (c) [APDSJ 2011]
1004.Who can withdraw a case from prosecution under Sec. 321
Cr.P.C.?
(a) The State Government
(b) The Public Prosecutor Incharge of a case with the permission of the
Court
(c) The Public Prosecutor incharge of a case even without permission of
the Court
(d) All the above
Ans. (b) [UJS 2002]
1005.Which section of the Criminal procedure Code provides that,
the Public Prosecutor in charge of a case may, with the consent
of the court at any time before the judgment is pronounced,
withdraw from the prosecution of any person in respect of any
offence for which he is tried?
(a) Section 304
(b) Section 306
(c) Section 321
(d) Section 313
Ans. (c) [UP PCS 2003]
1006.Which Section of Cr.P.C. authorizes the Public Prosecutor to
withdraw the prosecution?
(a) Section 304
 (b) Section 313
(c) Section 321
(d) Section 323
Ans. (c) [UJS 2010]
1007.Any Public Prosecutor or Assistant Public Prosecutor in charge
of a case may before the judgement is pronounced, withdraw
from the prosecution of any person. For this he has to take
consent of:
(a) Central Government
(b) State Government
(c) Court
(d) All of the three
Ans. (c) [MPJS 2012]
1008.Who among the following may withdraw prosecution of any
person at any time before the Judgment is pronounced?
(a) The State Government
(b) The Public Prosecutor
(c) The aggrieved person
(d) The Writer of F.I.R.
Ans. (b) [UJS 2014]
1009.Prosecution of a case involving misappropriation of property
belonging to the Central Government can be withdrawn by
(a) any public Prosecutor on the direction of the State Government.
(b) the Public Prosecutor appointed by the Central Government on the
direction of the State Government.
(c) the Public Prosecutor appointed by the State Government on
permission granted by the Central Government.
(d) any Public Prosecutor on the direction of the Central Government.
Ans. (c) [DJS 2014]
1010.The Court, after the commencement of prosecution evidence,
allows the Assistant Public Prosecutor to withdraw the
prosecution. The accused shall be:
 (a) Released
(b) Discharged
(c) Acquitted
(d) None of the above
Ans. (c) [RJS 2016]
1011.Application for withdrawal from prosecution by the prosecutor
under Section 321 of the Code of Criminal Procedure 1973, can
be made only after a:
(a) decision is taken by the concerned government and conveyed to the
court by the prosecutor to this effect
(b) decision has been made in good faith in the interest of public policy
by the prosecutor independently on overall consideration of the
material before him to this effect
(c) joint decision is taken by the prosecutor and the concerned
government in good faith to this effect
(d) joint decision to be taken by the prosecutor and the court in good
faith to this effect
Ans. (b) [DAPP 2010]
1012.Which provision of the Criminal Procedure Code permits the
Public Prosecutor in charge of a case, to withdraw from the
prosecution?
(a) Section 304
(b) Section 321
(c) Section 313
(d) Section 323
Ans. (b)[MP APPO 2009]
1013.At any time before the Judgement is pronounced, prosecution
of any person may be withdrawn with the consent of the Court
by:—
(a) A person filing F.I.R.
(b) Investigation officer in the matter
(c) Assistant public prosecutor or concerned A.P.P.
 (d) Victim of the crime
Ans. (c)[Chhat ADPPO 2006]
1014.“The Public Prosecutor or Assistant public Prosecutor in-
charge of a case may with the consent the Court, at any time
before the judgment is pronounced withdraw from the
prosecution of any person either generally or in respect of any
one or more of the offences for which he is tried.” This is related
with which of the following Section of the Code of Criminal
Procedure?
(a) Section 323
(b) Section 322
(c) Section 321
(d) None of the above
Ans. (c) [UK APO 2010]
1015.In the Code of Criminal Procedure, the provisions for
withdrawal from prosecution are contained in
(a) Second Schedule
(b) First Schedule
(c) Section 320
(d) Section 321
Ans. (d) [RJS 2010]
1016.The withdrawal from the prosecution by the Public Prosecutor,
in a case where a charge is required to be framed, before the
charge has been framed shall have the effect of ……….. of the
accused
(a) discharge
(b) acquittal
(c) release
(d) composition with
Ans. (a) [MP HJS 2012]
1017.At trial, it appears to the Magistrate that the case be ought to
be tried by the Court of Sessions, in which Section of the Code
he shall commit the case?
(a) 209
(b) 323
(c) 325
(d) None of these
Ans. (b) [MPJS 2011]
1018.Besides section 209 of Cr.P.C. which other section also
provides for committal of cases to the Sessions Court?
(a) 315
(b) 316
(c) 323
(d) 328
Ans. (c) [MP HJS 2014]
1019. Whenever a Magistrate is of opinion, after hearing the
evidence for prosecution and the accused, that the accused is
guilty, and that he ought to receive a severe punishment, then
such Magistrate is empowered to inflict, the Magistrate may
forward the case to—
(a) Session Judge
(b) Chief Judicial Magistrate
(c) District Magistrate
(d) Concerned Police Station
Ans. (b) [MP PCS 1998,
CJS 2004, DJS 2010]
1020.A, B and C are charged for robbery and after trial convicted by
1st class Magistrate, thereafter whether for the same fact they
can be charged and tried for dacoity:
(a) Yes
(b) No
(c) Barred under section 300 Cr.PC.
 (d) There will be illegality
Ans. (a) [CJS 2003]
1021.In case where an inquiry, trial or other proceedings have been
conducted in a wrong place:
(a) The inquiry, trial or other proceedings shall be void ab initio
(b) The inquiry, trial or other proceedings cannot be set aside as void
unless it has occasioned in failure of justice
(c) The inquiry, trial or other proceedings, cannot be set aside even if it
has occasioned in failure of justice
(d) Either (a) or (c)
Ans. (b) [HJS 2011]
1022.A matter before the court, which is not an evidence in the case
(a) confession of a co-accused
(b) entries in books of accounts regularly kept in the course of business
(c) statement of the accused made under Section 313 Cr.P.C.
(d) testimony of an expert
Ans. (d) [KJS 2011]
1023.Under Criminal Procedure Code, when the inquiry or trial
relates to an offence under Section 376 to 376D of the Indian
Penal Code within which period the inquiry or trial shall as far
as possible be completed from the date of filling of the charge
sheet?
(a) one month
(b) two months
(c) three months
(d) sixth month
Ans. (b)[MP (Pre) JS 2013-I]
1024.The offence punishable under which of the following
provisions is bailable—
(a) Section 353 IPC
(b) Section 332 IPC
(c) Section 324 IPC
 (d) Section 450 IPC
Ans. (b) [MP HJS 2008]
CHAPTER XXV
PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
[Sections 328-339]
1025.A Magistrate shall inquire into the unsoundness of mind of the
person against whom the inquiry is being held when the
Magistrate has reason to believe that such person is of unsound
mind and consequently incapable:
(a) of undergoing any punishment.
(b) of making his defence.
(c) of conferring with his counsel.
(d) to be his own witness.
Ans. (b) [PJS 2013]
1026.When the accused is aggrieved by the report of the Clinical
Psychologist as to his unsoundness of mind, he may prefer an
appeal to:
(a) Magistrate hearing the case
(b) Court of Sessions
(c) High Court
(d) Medical Board
Ans. (d) [PJS 2013]
CHAPTER XXVI
PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION
OF JUSTICE
[Sections 340-352]
1027.A magistrate to whom a complaint is made under section 340
or section 341 of the Code of Criminal Procedure shall proceed,
as far as may be, to deal with the case as if it were instituted
(a) on a police report.
(b) otherwise than a police report.
(c) Either (a) or (b)
 (d) None of these
Ans. (a) [DHJS 2014]
1028.The provision in the Cr.P.C. which may be invoked by a civil
court is Section
(a) 349
(b) 350
(c) 345
(d) 250
Ans. (c) [KJS 2011]
1029.Discharge of offender on submission of apology is covered
under Section ............ of the Code of Criminal Procedure, 1973.
(a) 339
(b) 458
(c) 388
(d) 348
Ans. (d) [PJS 2015]
CHAPTER XXVII
THE JUDGMENT
[Sections 353-365]
1030.In which case, the presence of accused may be dispensed with
at the time of delivering the judgement?
(a) When the personal attendance of the accused has already been
dispensed with
(b) When the judgement is that of acquittal
(c) In both (a) and (b) above
(d) None of the above
Ans. (c) [UP APO 2006]
1031.Following irregularities done by a Magistrate, do not vitiate
proceedings:
(a) to issue a search warrant under Section 94
(b) to order, under Section 155, the police to investigate an offence
(c) none of the above
 (d) both (a) and (b)
Ans. (d) [KCJ 2012]
1032.When a sentence of .................. is passed by the High Court, a
certified copy of the judgment shall be immediately given to the
accused free of cost whether he applied for the same or not.
(a) death
(b) imprisonment for Life
(c) imprisonment for 10 years
(d) All the above
Ans. (a) [PJS 2013]
1033.Which one of the following Sections of Criminal Procedure
Code, 1973 deals with the language and contents of judgement?
(a) Section 353
(b) Section 354
(c) Section 355
(d) Section 356
Ans. (b)[UP PCS CJ 2016]
1034. A judgment contains
(a) concise statement of the case
(b) the points for determination
(c) the decision on the points of determinations and the reason thereof
(d) all the above
Ans. (d) [HSJS 2012]
1035.The compensation to the victim under Section 357 of the Code
of Criminal Procedure can be passed by
(a) The Trial Court only
(b) The Appellate Court
(c) The Revisional Court
(d) Any of the above Court
Ans. (d) [HJS 2014]
1036.Under which section of Code of Criminal Procedure, 1973, a
Court can order (when fine is not part of sentence) any amount
to be paid by accused as compensation.
(a) 357(1)
(b) 357(2)
(c) 357(3)
(d) 357(4)
(e) None of these
Ans. (c) [PJS 2017]
1037.‘A’ was acquitted of the charge for voluntarily causing
grievous hurt by throwing acid on ‘X’, as the victim did not
support the police version about involvement of ‘A’ in the
incident, though grievous hurt by acid was proved. ‘X’ seeks
compensation from the Trial Court. The Trial Court may
(a) dismiss the claim because the accused was acquitted.
(b) dismiss the claim because the victim turned hostile during trial.
(c) consider making recommendation to the State Legal Services
Authority for compensation to victim.
(d) direct the accused to pay compensation to the victim on
humanitarian grounds.
Ans. (c) [DJS 2014]
1038.Under Section 357A(2) Cr.P.C. which of the authority is
authorised to decide quantum of compensation?
(a) Sessions Judge
(b) Chief Judicial Magistrate
(c) District Magistrate
(d) State or District Legal Service Authority
Ans. (d) [MPJS 2011]
1039.Which is the Section recently inserted in the Code of Criminal
Procedure, providing Victim Compensation Scheme?
(a) Section 291-A
(b) Section 311-A
 (c) Section 357-A
(d) Section 436-A
Ans. (c) [MJS 2011]
1040.The Victim Compensation Scheme under Section 357A was
incorporated in ..................
(a) 2004
(b) 2005
(c) 2009
(d) 2012
Ans. (c) [HJS 2014]
1041.Under which of the following provisions of the Criminal
Procedure Code, compensation is paid to groundlessly arrested
person?
(a) Section 357
(b) Section 358
(c) Section 357A
(d) Section 360
Ans. (b)[UJS 2010, 2016]
1042.Every State Government ............... the Central Government
shall prepare a scheme for providing funds for the purpose of
compensation to the victims:
(a) in collaboration with
(b) in coordination with
(c) with the permission of
(d) in consultation with
Ans. (b) [PJS 2013]
1043.‘Victim Compensation Scheme’ has been provided under
Criminal Procedure Code by which of the following amendment?
(a) Cr.P. Code (Amendment) Act, 2008
(b) Cr.P. Code (Amendment) Act, 2009
(c) Cr.P. Code (Amendment) Act, 2005
(d) None of the above
 Ans. (b) [UJS 2014]
1044.Under Section 357A(2) of Criminal Procedure Code which of
the Authority is authorised to decide quantum of compensation?
(a) Sessions Judge
(b) Legal Service Authority
(c) Chief Judicial Magistrate
(d) District Magistrate
Ans. (b)[MP (CJ) JS 2014]
1045.Which of the following statements with respect to victim
compensation is incorrect?
(a) Under Section 357(1), Cr.P.C., the Court can direct the accused to
pay compensation only if the accused is punished with a sentence of
fine or with some other sentence of which fine is a part. Amount of
compensation cannot exceed the amount of line that can be imposed
under the section for which the person has been convicted, and the
amount of fine that particular court may impose by law.
(b) Under Section 357(3), Cr.PC., a court can award compensation even
if fine is not part of the sentence. There is no limit on the amount of
compensation that the court may ask the accused to pay the victim.
(c) If a person is acquitted of a crime, the trial court cannot make a
recommendation of compensation under Section 357A, Cr.P.C.
(d) If a crime has been committed, the victim is identified, but the
accused cannot be traced, the victim can make an application or
compensation to the State or District Legal Services Authority.
Ans. (c)[AIL Entrance LLM 2014]
1046. Section 357A has been added by
(a) Cr.P.C. (Amendment) Act, 2005
(b) Cr.P.C. (Amendment) Act, 2006
(c) Cr.P.C. (Amendment) Act, 2009
(d) None of the above
Ans. (c) [Jhar APP 2012]
1047.Which of the following cases has laid down that the name of
the victim of sexual violence should not be indicated in the
judgment—
(a) Bhupinder Sharma v. State of H.P.
(b) Tulshidas Kanolkar v. State of Goa
(c) State of U.P. v. Devendra Singh
(d) State of M.P. v. Balu
Ans. (d) [MP HJS 2010]
1048. Consider the following:
At the conclusion of the trial, the court may make
recommendation for award of compensation under Section 357A
of Cr.P.C. ……..
I. Where it is satisfied that compensation awarded under Section
357 is not adequate.
II. Where the case ends in acquittal or discharge and the victim
has to be rehabilitated.
Choose correct answer using the code given below:
(a) I only
(b) II only
(c) both I and II
(d) neither I nor II
Ans. (c) [MP HJS 2012]
1049.Under Cr.P.C., for which offence it is mandatory for all
Government and private hospitals to provide first aid to the
victim and inform the police of such incident—
(a) Section 326A IPC
(b) Section 376A IPC
(c) Section 376C IPC
(d) All of them
Ans. (d)[MP (Pre) JS 2013-II]
1050.Treatment of the victim has been incorporated under Code of
Criminal Procedure 1973 by Criminal Law (Amendment) Act,
2013, under
(a) Section 198B
(b) Section 357B
(c) Section 357C
(d) None of the above
Ans. (c) [UJS 2015]
1051.Magistrate by whom the case is heard may award such
compensation, not exceeding—
(a) One hundred
(b) Five hundred
(c) Three hundred
(d) One thousand rupees to be paid to any person groundlessly arrested
by the person so causing the arrest.
Ans. (d) [MP PCS 2001]
1052.What is the maximum default sentence that can be awarded in
case of non-payment of compensation under Section 358 of the
Code of Criminal Procedure, 1973
(a) 60 days
(b) 30 days
(c) 90 days
(d) 120 days
Ans. (b) [UJS 2015]
1053.Who may be released on Probation of good conduct under
Section 360 of Cr.P.C?
(a) any person not under twenty one years of age
(b) any person under twenty one years of age
(c) any woman
(d) all of the above
Ans. (d)[MP APPO 2008]
1054. Who may not be released on probation?
 (a) A person above the age of 21 years who is convicted of an offence
punishable with an imprisonment for a term of 7 years
(b) A person below the age of 21 years who is convicted of an offence
punishable with life imprisonment
(c) A woman who is convicted of an offence punishable with
imprisonment of 10 years
(d) None of the above
Ans. (d) [Jhar APP 2012]
1055.Probation Act and Section 360 of Criminal Procedure Code will
be applied to any convict under Food Adulteration Act, when the
age of convict is?
(a) Below 18 years
(b) Below 14 years
(c) Below 22 years
(d) Below 19 years
Ans. (a)[Chhat ADPPO 2006]
1056.Which Section of Cr.P.C. provides that no court shall alter the
judgement after it has been signed?
(a) Section 360
(b) Section 361
(c) Section 362
(d) Section 462
Ans. (c)[UJS 2006, 2010]
1057.A Court, when it has signed its judgment or final order
disposing of a case, may .................
(a) correct a clerical or arithmetical error
(b) alter findings of law
(c) review findings of fact
(d) alter or review ratio
Ans. (a) [CJS 2016]
1058.As soon as the judgment or final order disposing of a case is
signed:
 (a) Court may alter the sentence
(b) Review the judgment
(c) Correct a clerical error
(d) May begin retrial of the case
Ans. (c) [MPJS 2007]
1059.Court imposed death sentence, certified copy of such
judgement to death convict
(a) Will be given when he desires
(b) Will be given only on application
(c) Will be given free of cost immediately whether or not he applies for
(d) Will not be given in any case
Ans. (c) [DJS 2008]
1060.In cases tried by the Court of Sessions or a Chief Judicial
Magistrate, the Court or such Magistrate, as the case may be,
shall forward a copy of its or his finding and sentence, if any, to:
(a) The Superintendent of Police in the area of whom the crime
concerned was committed
(b) The Police Station that conducted the investigation of the crime
concerned
(c) The High Court to which the trial court is subordinate
(d) The District Magistrate within whose local jurisdiction the trial is held
Ans. (d) [RCJ 2014]
1061.Which one of the following courts has jurisdiction to release
on probation of good conduct?
(a) Trial court
(b) Appellate court
(c) Revisional court
(d) All the above courts
Ans. (d) [CJS 2008]
CHAPTER XXVIII
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
[Sections 366-371]
1062.Which Section of the Code of Criminal Procedure 1973,
provides for confirmation by the High Court an order of death
penalty passed by Session Court prior to it’s execution
(a) Section 366
(b) Section 371
(c) Section 369
(d) Section 368
Ans. (a)[UJS 2006, 2015,
HADA 2006, HJS 2014]
1063.Which section of the Code of Criminal Procedure, 1973
empowers High Court to confirm a sentence of death passed by
a Court of Session?
(a) Section 366
(b) Section 367
(c) Section 368
(d) Section 370
Ans. (a) [HPJS 2007-I]
1064.Under what provision the death penalty given by Session
Court require confirmation by the High Court
(a) Section 360 of Cr.P.C.
(b) Section 366 of Cr.P.C.
(c) Section 369 of Cr.P.C.
(d) Not confirmation is required.
Ans. (b) [DJS 2008]
1065. A sentence of death by a lower court
(a) must be confirmed by High Court
(b) must be confirmed by Supreme Court
(c) must be confirmed by President
(d) is operational if no appeal is made to High Courts
Ans. (a) [HJS 2010]
1066.Sentence of death awarded by court of Sessions, the
proceedings shall be submitted to confirmation before:
 (a) The State Government
(b) The Central Government
(c) The High Court
(d) The Supreme Court
Ans. (c) [MPJS 2012]
1067.Which one of the following Sections of the Code of Criminal
Procedure provides the confirmation by the High Court of an
order of death sentence passed by the Court of Session prior to
its execution?
(a) Section 366
(b) Section 367
(c) Section 368
(d) Section 369
Ans. (a) [HPJS 2013]
1068.Which one of the following sections of Cr.P.C. provides power
to the High Court to confirm sentence or annual conviction?
(a) Section 366
(b) Section 367
(c) Section 369
(d) Section 368
Ans. (a) [UJS 2014]
1069.Which Section of the Cr.P.C. provides for confirmation by the
High Court of an order of the death sentence passed by the
Sessions Court prior to its execution?
(a) Section 366
(b) Section 368
(c) Section 369
(d) Section 371
Ans. (a) [MP APPO 2009,
Chhat ADPPO 2006]
1070.Which one among the following statements is not correct?
 (a) On conviction and award of death sentence the proceedings shall be
submitted to the High Court for confirmation
(b) In proceedings for confirmation of death sentence, the High Court
cannot make further enquiry or take additional evidence except
decide confirmation or annulment of sentence
(c) Confirmation of death sentence can be decided by two or more
judges of High Court
(d) On confirmation or reversal of the order of death sentence by High
Court, the High Court shall send a duly sealed and attested copy of
order to the court of sessions
Ans. (b) [DAPP 2010]
1071.On being submitted the sentence of death by Court of
Sessions, the High Court may
(a) confirm the sentence
(b) annul the conviction
(c) may pass any other sentence warranted by law
(d) all of the above
Ans. (d) [UJS 2009]
1072.Which among the following statements is incorrect:
(a) A death sentence imposed by a Sessions Court is subject to
confirmation by the High Court.
(b) A death sentence imposed by a Sessions court can be confirmed by
the High Court only when a Bench consisting of two judges or more
hears the case.
(c) No confirmation of a death sentence imposed by the Sessions Court
can be made before the expiry of the period for preferring the
appeal.
(d) The High Court cannot acquit the convict while considering the case
for confirmation unless he prefers an appeal.
Ans. (d) [DJS 2015]
1073.How many minimum number of judges of the High Court are
required to sign the confirmation of death sentence?
 (a) 3
(b) 2
(c) 4
(d) 5
Ans. (b) [UJS 2006]
1074.Which one of the following statements is correct?
On submission of death sentence for confirmation to the High
Court, the confirmation of death sentence or any new sentence,
or order shall be made passed and signed by at least
(a) one judge
(b) two judges
(c) three judges
(d) full bench
Ans. (b) [DAPP 2005]
1075.Minimum number of judge(s) of High Court are required to
sing a confirmation of sentence of death
(a) one
(b) two
(c) three
(d) five
Ans. (b) [UJS 2012]
CHAPTER XXIX
APPEALS
[Sections 372-394]
1076.Which one of the following sections of the Criminal Procedure
Code, 1973 provides that “no appeal to lie unless otherwise
provided”?
(a) Section 372
(b) Section 373
(c) Section 375
(d) Section 377
Ans. (a)[UP PCS CJ 2015]
1077. Under Section 372 of Cr.P.C. a victim-
(a) can file an appeal against the order of acquittal
(b) can file an appeal only after obtaining leave from the appellate court
(c) has no right to file an appeal
(d) should approach the District Magistrate and Public Prosecutor for
filing an appeal
Ans. (a) [UP HJS 2012]
1078.Under which Section of Cr.P.C. a Sessions Judge exercises
power of appeal?
(a) Section 373
(b) Section 376
(c) Section 397
(d) Section 398
Ans. (a) [UP APO 2002]
1079.The appeal against an order of acquittal passed by the Court
of Judicial Magistrate first class shall lie to:
(a) The court of Chief Judicial Magistrate
(b) The Court of Session
(c) The High Court
(d) The Supreme Court
Ans. (b)[CJS 2003, UJS 2006]
1080. Find out the correct answer:
(a) Any person convicted on a trial held by a High Court in its
extraordinary jurisdiction may appeal to the Supreme Court
(b) Any person convicted on a trial held by a Session Judge may appeal
to the Supreme Court directly
(c) Any person convicted on a trial held by an Additional Session Judge
may appeal to the Court of Session
(d) Any person convicted on a trial held by an Assistant Session Judge
may appeal to the High Court directly
Ans. (a) [HPJS 2013]
1081.Under which section of Cr.P.C. Session Court exercises power
of appeal from convictions?
(a) Sections 372
(b) Sections 397
(c) Sections 374
(d) Sections 398
Ans. (c) [UJS 2002]
1082.Any person convicted on a trial by an Additional Session Judge
for an offence in which sentence of imprisonment is more than
seven years may appeal to:—
(a) Sessions judge
(b) Chief Metropolitan Magistrate
(c) High Court
(d) Supreme Court
Ans. (c)[Chhat ADPPO 2008]
1083.A has been convicted by a magistrate of the first class and
was sentenced with imprisonment for a term of one month. Can
A appeal?
(a) No, A cannot appeal
(b) A can appeal to the Sessions Court
(c) A can appeal to the Chief Judicial Magistrate
(d) A can appeal to the High Court
Ans. (b) [Jhar APP 2012]
1084.Where an accused is convicted by the Court of Sessions on the
plea of guilty, then
(a) he cannot appeal to the High Court
(b) he can appeal to the High Court
(c) he can appeal only as to the extent of sentence
(d) he has appeal as to the extent or legality of sentence
Ans. (d) [Jhar APP 2012]
1085. There shall be no appeal by a convicted person where a
Magistrate of the first class passes only a sentence of fine not
exceeding—
(a) One hundred
(b) Two hundred
(c) Three hundred
(d) Two hundred and fifty rupees.
Ans. (a) [MP PCS 2001]
1086.Which one of the following sections of the Code of Criminal
Procedure, 1973 deals with the provision that no appeal lies in
petty cases?
(a) Section 376
(b) Section 377
(c) Section 375
(d) Section 378
Ans. (a) [HPJS 2007-I]
1087.Which one of the following statements is not correct?
There shall be no appeal if a sentence of imprisonment/fine is
passed by the
(a) High Court—not exceeding six months
(b) Sessions Judge—not exceeding three months
(c) Metropolitan Magistrate—not exceeding three months
(d) Magistrate first class—not exceeding one month
Ans. (d) [DAPP 2005]
1088.Under Cr.P.C. there shall be no appeal by a convicted person
where a Magistrate of 1st class imposes only sentence of fine
not exceeding
(a) one hundred rupees
(b) two hundred rupees
(c) three hundred rupees
(d) five hundred rupees
Ans. (a)[UP PCS CJ 2008]
1089.There shall be no appeal by a convicted person where a Chief
Judicial Magistrate imposes only a sentence of fine not
exceeding
(a) Rs 1,000
(b) Rs 200
(c) Rs 100
(d) Rs 300
Ans. (c) [JCJ 2000]
1090. Which of the following conviction is appealable?
(a) Conviction by a High Court in a case wherein accused pleaded guilty
(b) Conviction in petty cases by High Court with a sentence of 4 months
imprisonment
(c) Conviction in petty cases by court of Session with a sentence of 4
months imprisonment
(d) Conviction in petty cases passed by a Magistrate of the first class
only with a fine of one hundred rupees
Ans. (c) [CJS 2016]
1091.A victim cannot file an appeal against any judgement passed
by the court:
(a) where the court acquits the accused.
(b) where the court convicts for a lesser offence.
(c) where the court imposes inadequate compensation.
(d) where the court imposes inadequate sentence.
Ans. (d) [MPJS 2011]
1092.Appeal for enhancement of sentence will lie before the court,
when sentence has been awarded by Magistrate of 1st Class:—
(a) Before Court of Sessions
(b) Before Supreme Court
(c) Before High Court
(d) Before Special Court
Ans. (a) [Raj APP 2005]
1093.Appeal in case of acquittal by a Magistrate may lie in:
(a) High Court
(b) Sessions Court
(c) C.J.M’s Court
(d) No appeal lie
Ans. (b) [MPJS 2007]
1094.An appeal against acquittal made by a Metropolitan Magistrate
shall lie to
(a) the Sessions Court
(b) the High Court
(c) the same Court
(d) the lower Court
Ans. (a) [BJS 2000]
1095.From a judgment of acquittal in cognizable and non-bailable
case passed by J.M.F.C., appeal may be preferred to:—
(a) C.J.M.
(b) Court of Session
(c) High Court
(d) Supreme Court
Ans. (b) [CJS 2008]
1096.The Judgment of acquittal passed by judicial magistrate is
appealable before Sessions Court in any _______ offence.
(a) Cognizable and non-bailable
(b) Cognizable and compoundable
(c) Non-cognizable and non-bailable
(d) Non-cognizable and bailable
Ans. (a) [MPJS 2012]
1097.Under Section 378[1] Cr.P.C. who can direct the ‘Public
Prosecutor, to present an appeal to the Court of Session from an
order of acquittal passed by Magistrate in respect of a
cognizable and non-bailable offence:
(a) District Magistrate
 (b) Chief Judicial Magistrate
(c) High Court
(d) None of the above
Ans. (a) [PJS 2013]
1098.In the context of section 378(4) of the Code of Criminal
Procedure, Karnataka High Court in Sarojamma Huchegonder v.
Eshwarappa held that the right.
(a) under the provision is a personal right, and can be exercised only by
the complainant and not by her legal representatives.
(b) under the provision is not a personal right and can be exercised by
legal representatives.
(c) can be exercised only to clear the name of the accused person.
(d) can be delegated.
Ans. (a)[UPSC CBI PP 2010]
1099. In one trial A is awarded with the sentence which is not
appealable whereas sentence against B is appealable. Whether
A can file an appeal against his sentence?
(a) No
(b) Only with special leave
(c) Yes
(d) There is no such provision
Ans. (c) [MP PCS 1998]
1100.The provision of the Code of Criminal Procedure, 1973 which
deals with the order of the High Court on appeal to be certified
t o l o w e r c o u r t i s c o n t a i n e d i n
(a) Section 388
(b) Section 387
(c) Section 384
(d) Section 391
Ans. (a) [PJS 2015]
1101. When can a trial court release an accused on bail under
Section 389(3) of Cr.P.C. after conviction?
(a) Where accused is on bail and imprisonment is not exceeding 3 years
(b) Where accused is on bail and imprisonment is not exceeding 5 years
(c) Where accused is on bail and imprisonment is not exceeding 7 years
(d) Where offence is exclusively bailable whether accused is on bail or
not
Ans. (a)[MP PCS 1998, HPJ 2009,
DJS 2010, MPJS 2015]
1102.When can a trial court release an accused on bail under
section 389(3) of Cr.P.C. after conviction?
(a) Where accused is on bail and imprisonment is not exceeding 3 years
(b) Where accused is on bail and imprisonment is not exceeding 5 years
(c) Where accused is on bail and imprisonment is not exceeding 4 years
(d) Where accused is on bail and imprisonment is not exceeding 2 years
Ans. (a)[UP HJS 2009, MPCJ 2016]
1103.The Supreme Court of India in the case of Navjot Singh Sidhu
held that
(a) a conviction cannot be suspended using Section 389 of the Code of
Criminal Procedure.
(b) a sentence cannot be suspended using Section 389 of the Code of
Criminal Procedure.
(c) a conviction can be suspended using Section 389 of the Code of
Criminal Procedure but the petitioner needs to specifically draw the
attention of the court to the consequences that may arise if the
conviction is not suspended.
(d) only a sentence can be suspended using Section 389 of the Code of
Criminal Procedure but the petitioner needs to specifically draw the
attention of the court to the consequences that may arise if the
sentence is not suspended.
Ans. (c)[UPSC CBI PP 2010]
1104.Under Cr.P.C., which of the following is correctly matched?
 (a) Procedure where judges of Court of appeal are equally divided—
Section 392
(b) Finality of judgment and orders on appeal—Section 394
(c) Reference to the High Court—Section 396
(d) Arrest of accused in appeal from acquittal—Section 391
Ans. (a) [UJS 2014]
1105. If in a criminal appeal an accused dies and his near relatives
wish to continue the appeal, then within how much period they
must apply?
(a) Four months
(b) Three months
(c) Sixty days
(d) Thirty days
Ans. (d)[MP PCS 1998, CJS 2004]
1106.When the accused/appellant dies during the pendency of
appeal, and his near relative wants to continue the appeal, then
within what period he should apply for leave of the court to
continue the appeal:—
(a) Four months
(b) Three months
(c) Sixty days
(d) Thirty days
Ans. (d) [CJS 2008]
1107.Which one of the following is not correctly matched:
(a) Reference to High Court — Section 395
(b) High Court’s Power of Revision — Section 401
(c) Abatement of Appeal — Section 393
(d) Appeals from conviction — Section 374
Ans. (c) [HADA 2016]
CHAPTER XXX
 REFERENCE AND REVISION
[Sections 395-405]
1108.Under which Section of Cr.P.C., the provision for reference to
High Court is given:—
(a) Section 398
(b) Section 397
(c) Section 395
(d) Section 399
Ans. (c)[Chhat ADPPO 2008]
1109.Under Criminal Procedure Code, 1973 a reference can be made
to
(a) Supreme Court
(b) High Court
(c) Session Court
(d) High Court or Session Court
Ans. (b) [UK APO 2010]
1110.When the High Court or any Sessions Judge calls for to
examine the record of any proceeding before any inferior
criminal court, it is known as:
(a) Reference
(b) Review
(c) Revision
(d) None of the above
Ans. (c)[UJS 2002, UP PCS CJ 2006]
1111.Which of the following is an interlocutory order for the
purposes of revisional powers of the High Court or a Sessions
Court?
(a) Orders summoning witnesses
(b) An order of bail granted by a Magistrate
(c) An order rejecting the plea of the accused on a point which when
accepted, will conclude the particular proceeding
(d) Interlocutory orders which are without jurisdiction and nullities
 Ans. (d) [JCJ 2000]
1112.When the High Court or any Sessions Judge calls for to
examine the record of any proceeding before any inferior
criminal court, it is known as:
(a) Review
(b) Revision
(c) Reference
(d) None of the above
Ans. (b) [HJS 2014]
1113.Assertion (A): The provisions for reviewing the decision of a
criminal court are essential for the due protection of life and liberty.
Reason (R): They are based on the notion that Judges and Magistrates
are not infallible.
Code:
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Ans. (a) [JCJ 2000]
1114.Which of the following provisions deals with the power of the
Sessions Judge of revision?
(a) Section 401 Cr.P.C.
(b) Section 400A Cr.P.C.
(c) Section 402 Cr.P.C.
(d) Section 399 Cr.P.C.
Ans. (d) [PJS 2015]
1115.Which one of the following Sections of Code of Criminal
Procedure 1973 deals with High Courts’ power of revision?
(a) Section 395
(b) Section 401
(c) Section 399
(d) Section 396
 Ans. (b)[UP PCS CJ 2012]
1116.While exercising the power of revision under the Code of
Criminal Procedure, the High Court cannot
(a) discharge the accused
(b) acquit the accused
(c) grant bail to the accused
(d) convert a finding of acquittal into one of conviction
Ans. (d)[UP PCS CJ 2013]
1117.Which provision of Cr.P.C. deals with power of revision of High
Court?
(a) Section 398
(b) Section 399
(c) Section 400
(d) Section 401
Ans. (d) [CJS 2014]
1118.Under which one of the Sections of Criminal Procedure Code,
1973 High Court’s Power of Revision is provided?
(a) Section 399
(b) Section 400
(c) Section 401
(d) Section 403
Ans. (c) [UK APO 2010]
1119.Which of the following courts can transfer a criminal case,
pending in a court of one district, to a court of another district:
(a) Court of Sessions of the district where such case is pending
(b) Court of Sessions of the district where such case is sought to be
transferred
(c) High Court of the State
(d) None of the above
Ans. (c)[Raj HJS 2012 (Jodhpur)]
1120.Which one of the following is not correctly matched?
(a) Reference to High Court Section 395
(b) High Court’s power or Section 401
revision
(c) Abatement of appeal Section 393
(d) Appeals from conviction Section 374
Ans. (c) [UJS 2012]
CHAPTER XXXI
TRANSFER OF CRIMINAL CASES
[Sections 406-412]
1121.Which one of the following courts is not empowered to
transfer criminal cases?
(a) the Supreme Court
(b) the High Court
(c) the Court of Session
(d) the Court of Special Magistrate
Ans. (d) [HPJS 2013]
1122. The power of the Supreme Court to transfer cases and
appeals from one High Court to another High Court can be
exercised on an application by which one of the following—
(a) Registrar of the concerned High Court
(b) Attorney General of India and Advocate General
(c) Chairperson of the Bar Council of India
(d) Solicitor General of India
Ans. (b) [UP APO 2002,
UP PCS 2003, HPJS 2015]
1123.The power of the Supreme Court to transfer cases and appeals
from one High Court to another High Court can be exercised
under Cr.P.C. on an application of the following:—
(a) Solicitor-General of India
(b) Attorney-General of India
(c) A party interested
(d) Either (b) or (c) both
 Ans. (d) [MP APPO 2009,
Chhat ADPPO 2008]
1124.The power of the Supreme Court to transfer cases and appeals
from one High Court to another High Court can be exercised on
an application by which one of the following?
(a) Registrar of the High Court concerned
(b) Attorney General of India
(c) Chairperson of the Bar Council of India
(d) Solicitor-General of India
Ans. (b)[Chhat ADPPO 2006,
UP APO 2002]
1125.Which section of the Code of Criminal Procedure, 1973 deals
with the power of Sessions Judge to transfer cases and appeals?
(a) Section 408
(b) Section 409
(c) Section 406
(d) Section 407
Ans. (a)[HPJS 2007-I, UP APP 2009]
1126.If the Sessions Judge is of the opinion that there is ground for
presuming that the accused has committed an offence, which is
not exclusively triable by the Court of Session, he may order to
transfer the case for trial by the C.J.M. or any other J.M.F.C.
(a) After framing a charge
(b) Before framing a charge
(c) After recording of evidence
(d) None of the above
Ans. (a) [HJS 2014]
1127.Which of the following act done by a Magistrate, not being
authorized by law in this behalf, does not vitiate criminal
proceedings (as per Code of Criminal Procedure, 1973)?
(a) Trying an offender summarily
(b) Attaching and selling property under Section 83 Cr.P.C.
 (c) Taking cognizance of an offence under Section 109(1)(c) Cr.P.C.
(d) Recalling a case and trying it himself under section 410 Cr.P.C.
(e) None of these
Ans. (d) [PJS 2017]
CHAPTER XXXII
EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF
SENTENCES
[Sections 413-435]
1128.Which Section of the Code of Criminal Procedure, 1973 has
dealt with power of High Court to commit the sentence of death
to life imprisonment on pregnant woman?
(a) Section 416
(b) Section 411
(c) Section 417
(d) Section 420
Ans. (a) [HPJS 2015]
1129.The execution of death sentence can be postponed in case of
(a) Possibility of continuation in the Special Court
(b) Possibility of appeal in the Supreme Court and in case of pregnant
woman
(c) Possibility of appeal in High Court and not in case of pregnant
woman
(d) Possibility of confirmation by the Sessions Court
Ans. (b) [DAPP 2008]
1130.Whether sentence awarded in default of payment of fine can
be set off under section 428 Cr.P.C.
(a) Yes
(b) No
(c) Half can be set off
(d) One fourth can be set off
Ans. (b) [CJS 2008]
1131.Under section 428, the period of detention undergone by a
convict cannot be set off during:—
(a) investigation of the case
(b) trial of the case
(c) enquiry of the case
(d) another case
Ans. (d) [MPJS 2010]
1132.Section 428 Cr.P.C. provides for concession to the effect that
period of detention undergone by accused be set off
(a) Against the substantive period of imprisonment awarded
(b) Against the period of imprisonment in default of payment of fine
(c) A & b above
(d) None of the above
Ans. (a) [HJS 2011]
1133.The sentence of an imprisonment for a term is not set off
against the period of detention undergone by the person during
trial of the same case when such a sentence:
(a) is for the offence of rape
(b) is for sedition
(c) is in default of payment of fine
(d) none of the above
Ans. (c) [PJS 2013]
1134.Which Section of the Code of Criminal Procedure, 1978 deals
with the period of detention undergone by the sentence of
imprisonment?
(a) Section 425
(b) Section 426
(c) Section 427
(d) Section 428
Ans. (d) [PJS 2015]
1135.Under Section 428 of Code of Criminal Procedure, which of the
following period of detention undergone by the accused shall be
set-off against the sentence of imprisonment in a case:
(a) Period of detention undergone in default of payment of fine.
(b) Period of detention undergone during investigation and trial of that
case.
(c) Period of detention undergone during investigation and trial of a
similar case.
(d) All of the above
Ans. (b) [RJS 2016]
1136.Which one of the following statements is correct?
Where a sentence of death has been commuted under section
433 into life imprisonment, such person shall not be released
from prison unless he has undergone imprisonment for
(a) twenty years
(b) fourteen years
(c) twelve years
(d) ten years
Ans. (b) [DAPP 2005]
1137.In which of the following cases the constitutional validity of
Section 433-A, Cr.P.C. was upheld?
(a) Ashok Kumar Golu v. Union of India
(b) Babu Pahalwan v. State of M.P.
(c) Ramesh v. State of M.P.
(d) Karan Singh v. State of H.P.
Ans. (a) [JCJ 2000]
1138.Who can commute the sentence of imprisonment for life under
the Code of Criminal Procedure?
(a) The appropriate Government
(b) The President of India
(c) The Governor of the State
(d) The Central Government
 Ans. (a) [UP APO 2002]
1139.Who has the power to suspend or remit the sentences under
the Cr.P.C.?
(a) The President
(b) The Governor
(c) The Government
(d) The Chief Minister
Ans. (c) [MP APPO 2008]
1140.Under the Criminal Procedure Code, every warrant for the
execution of a sentence may be issued by:—
(a) the Judge or Magistrate
(b) Successor-in-office
(c) Either by the Judge or Magistrate who passed the sentence, or his
successor-in-office
(d) All of the above
Ans. (c) [MP APPO 2009]
1141.Who may issue warrant for the execution of a sentence?
(a) Chief Justice of High Court
(b) Sessions Judge
(c) Successor in office of Judge or Magistrate who passed the sentence
(d) Supreme Court
Ans. (c)[Chhat ADPPO 2008]
CHAPTER XXXIII
PROVISIONS AS TO BAIL
AND BONDS
[Sections 436-450]
1142.In a bailable offence, the bail is granted as a matter of right
(a) by the police officer
(b) by the court
(c) Both (a) and (b)
(d) Either (a) or (b)
Ans. (c) [BJS 2013]
1143.In a bailable offence, the bail is granted as a matter of right
(a) by the police officer
(b) by the court
(c) both by the police officer & the court
(d) neither (a) nor (b)
Ans. (c)[HJS 2008, PJS 2010]
1144. In a bailable offence …………
(a) conditions can be imposed while granting bail by the police officer
only
(b) conditions can be imposed while granting bail by the court only
(c) no condition can be imposed while granting bail by the police officer
or the court
(d) only reasonable conditions can be imposed by the court only
Ans. (c) [MP HJS 2012]
1145.For the purpose of Section 436 Cr.P.C., a person arrested shall
be
(a) presumed to be an indigent person if that person is unable to give
bail immediately after his arrest
(b) presumed to be an indigent person if that person is unable to give
bail within one week of his arrest
(c) court shall not draw any such presumption
(d) there is no question of drawing such presumptions as the offence is
bailable and that person shall be released on bail even though he is
unable to furnish sureties
Ans. (b) [APDSJ 2011]
1146. In a bailable offence:
(a) Conditions can be imposed while granting bail by the police officer
(b) Conditions can be imposed while granting bail by the Court
(c) No condition can be imposed while granting bail by the police officer
or by the Court
(d) Only mild conditions can be imposed by the Court only
Ans. (c) [HJS 2011]
1147.Section 436A of the Code of Criminal Procedure, 1973,
provides for grant of bail to an accused pending trial if:
(a) he has undergone detention for one-fourth period of imprisonment
specified for the offence for which he is being tried
(b) he has undergone detention for one-third period of imprisonment
specified for the offence for which he is being tried
(c) he has undergone for one-half period of imprisonment specified for
the offence for which he is being tried
(D) (a) and (b) above
Ans. (c)[RJS 2015, Raj HJS 2015]
1148.In case of non-bailable offence under section 437 Cr.P.C. the
Magistrate can release the person produced before him on bail—
(a) if the offence is punishable with imprisonment up to 10 years
(b) if the person does not appear to be guilty of offence punishable with
death or imprisonment for life
(c) if the person is not previously convicted of a cognizable offence
punishable with death or imprisonment for life or imprisonment for 7
years or more
(d) all of them
Ans. (d)[MP (Pre) JS 2013-II]
1149.A Metropolitan Magistrate may release an accused on bail in
non-bailable offence except in following case(s) if
(a) there are reasonable grounds for believing that he has been guilty of
an offence punishable with death or imprisonment for life.
(b) there are reasonable grounds for believing that he has been guilty of
a cognizable offence and he has been previously convicted of an
offence punishable with imprisonment for seven years.
(c) he had been previously convicted on two or more occasions of a
cognizable offence punishable with imprisonment for three years.
(d) All of these
Ans. (d) [DJS 2014]
1150. Consider the following statements:
 1. A court has no power to release a woman on bail if the offence
is punishable with death or imprisonment for life.
2. An accused shall not be released on bail by a court if he had
been convicted previously on two or more occasions of a
cognizable offence punishable with imprisonment for three
years or more.
3. Necessity for identification by witnesses during investigation
shall not be sufficient ground for rejection of bail.
Which of the statements given above are correct?
(a) 1, 2 and 3
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1 and 3 only
Ans. (c) [DAPP 2008]
1151.Under which section of Cr.P.C. a Police Officer can release an
accused on bail in non-bailable case?
(a) Section 336
(b) Section 337
(c) Section 436
(d) Section 437
Ans. (d) [BJS 2009]
1152.Anticipatory bail can be granted to a person apprehending
arrest on accusation of having committed a non-bailable offence
under……….
(a) Section 437 Cr.P.C.
(b) Section 438 Cr.P.C.
(c) Section 439 Cr.P.C.
(d) Section 436 Cr.P.C.
Ans. (b) [AJS 2012]
1153. Section 438 of Cr.P.C. can be invoked:
(a) in cases of non-bailable offences
 (b) in cases of bailable offences
(c) both (a) & (b)
(d) neither (a) nor (b)
Ans. (a) [KCJ 2012]
1154.Anticipatory bail under Section 438 Cr.P.C. can be granted by
(a) Metropolitan Magistrate
(b) Court of Sessions
(c) High Court
(d) Both (b) and (c)
Ans. (d) [DJS 2015]
1155. “Anticipatory bail” implies:
(a) That the accused gives an undertaking to the Police Officer that he
will be available for investigations provided he is not arrested
(b) The direction by the Magistrate to the Police Officer not to arrest the
accused
(c) The direction by the Sessions Court or the High Court to the Police
Officer to release on bail an accused alleged to have committed the
non-cognizable offence(s) in the event of his arrest on the terms and
conditions which the Court considers proper in the case
(d) The Direction by the High Court to the Sessions Court to release the
accused immediately after arrest in a non-bailable offence
Ans. (c) [HPJS 2016]
1156.For which one of the following offences under Criminal
Procedure Code, 1973 application for anticipatory bail under
Section 438 can be moved?
(a) Bailable offence
(b) Non-bailable offence
(c) Cognizable offence
(d) Non-cognizable offence
Ans. (b)[UP PCS CJ 2016]
1157. Bail to a person apprehending arrest
 (a) can be granted by the High Court or the Court of Session
(b) can be granted by a Metropolitan Magistrate
(c) is a matter of right
(d) cannot be considered by any Court
Ans. (a) [BJS 2000]
1158.On an application made by a person apprehending arrest on
an accusation of having committed a non-bailable offence the
High Court or the Court of Sessions may under Section 438 CrPC
give the direction that:
(a) He shall not be arrested till further order
(b) He shall be released on bail without taking him into custody
(c) In the event of such arrest he shall be released on bail
(d) In the event of such arrest he shall be released on bail three days
after the arrest
Ans. (c)[MP PCS 1996, CJS 2003,
Chhat ADPPO 2006]
1159.Application for anticipatory bail may be made before—
(a) Chief Judicial Magistrate
(b) High Court
(c) Session Court
(d) Both (b) and (c)
Ans. (d) [UP PCS 2003,
Chhat ADPPO 2006, HJS 2014]
1160.Jurisdiction to grant bail under Section 438 of Criminal
Procedure Code vests with:
(a) only High Court
(b) only Sessions Court
(c) only Magistrate
(d) either High Court or Court of Sessions
Ans. (d) [MPCJ 2006]
1161.Provision regarding anticipatory bail is given in the Code of
Criminal Procedure, 1973 under:
(a) Section 439
(b) Section 438
(c) Section 437
(d) Section 436
Ans. (b) [HPJS 2007-I,
MPA APO 2008, UJS 2002, 2009]
1162.Jurisdiction to grant bail under Section 438 of the Cr.P.C.
vests with:
(a) The Court of Magistrate
(b) The Court of Sessions only
(c) The High Court only
(d) The Court of Sessions and the High Court and not in the Court of
Magistrate
Ans. (d) [HPJS 2007-II]
1163.Which one of the following statements is not correct?
Anticipatory bail may be granted
(a) subject to the limitations imposed by section 437
(b) on making out a special case
(c) on possibility of accusation of non-bailable offence
(d) where a case has been registered against the petitioner
Ans. (c) [DAPP 2005]
1164.Anticipatory bail under Section 438 of the Code of Criminal
Procedure, 1973 means:
(a) A direction to release a person on bail issued after a person is
arrested
(b) A direction to release a person on bail issued even before a person is
arrested or is in apprehension of arrest
(c) A direction to release a person on bail from judicial custody
(d) A direction to release a person on bail when he is in police custody
after being arrested
 Ans. (b) [MPJS 2009]
1165.Anticipatory bail under section 438 Cr.P.C. may be granted by
(a) District Magistrate
(b) J.M.F.C in petty offences
(c) High court or court of session
(d) Sub divisional Magistrate
Ans. (c) [CJS 2008]
1166.Which court will grant the anticipatory bail under Section 438
of Cr.P.C.?
(a) High Court
(b) Session Court
(c) Session Court or High Court
(d) Judicial Magistrate First Class
Ans. (c) [UJS 2010]
1167.Can anticipatory bail be granted in respect of bailable
offences, and if so in what circumstances?
(a) Anticipatory bail cannot be granted in bailable offences
(b) Bail can be granted only in case the petitioner is a woman, a minor
or a sick person
(c) There is no distinction bet-ween bailable and non-bailable offences
so far as anticipatory bail is concerned
(d) None of the above
Ans. (a) [APJS 2011]
1168.The power to grant anticipatory bail under Section 438 Code
of Criminal Procedure vest with
(a) The Court of Magistrate
(b) Only in the Court of Sessions
(c) Only in the High Court
(d) Both the Court of Sessions and the High Court
Ans. (d)[UJS 2012, UP PCS CJ 2012,
UP APO 2011]
1169. ‘Anticipatory bail’ implies:
 (a) that the accused gives an undertaking to the police officer that he
will be available for investigation provided he is not arrested
(b) the direction by the magistrate to the police officer not to arrest the
accused
(c) the direction by the Session’s court or the High Court to the police
officer to release on bail an accused alleged to have committed the
non-bailable offence(s) in the event of his arrest on the terms and
conditions which the court considers proper in the case
(d) the direction by the High Court to the Session’s court to release the
accused immediately after arrest in a non-bailable offence
Ans. (c) [DAPP 2010]
1170.Which one of the following is a case relating to anticipatory
bail?
(a) D.K. Ganesh Babu v. P.T. Manokaran
(b) Tama v. State of West Bengal
(c) Dinesh Dalmia v. C.B.I.
(d) Dimple Gupta v. Rajiv Gupta
Ans. (c) [UP APP 2009]
1171. Application for anticipatory bail may be filed:—
(a) before the Chief Judicial Magistrate
(b) before High Court
(c) in Sessions Court
(d) both (b) or (c)
Ans. (d)[MP APPO 2009]
1172.Which section of Code of Cr.P.C. 1973 does not apply to
persons committing an offence under the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989:—
(a) 438
(b) 443
(c) 315
(d) 339
Ans. (a)[Chhat ADPPO 2008]
1173. Anticipatory bail may be granted by the
(1) Supreme Court
(2) High Court
(3) Sessions Court
(4) Chief Judicial Magistrate
(a) (1) and (2)
(b) (2) and (3)
(c) (1), (2) and (3)
(d) (2), (3) and (4)
Ans. (b) [Jhar APP 2012]
1174.Which one of the following case is related to anticipatory bail?
(a) State of Haryana v. Jai Singh
(b) Gajanand Agarwal v. State of Orissa
(c) Kalyan Chandra Sarkar v. Rajesh Ranjan
(d) Joginder alias Jindi v. State of Haryana
Ans. (d) [UP APO 2011]
1175.Jurisdiction to release an accused on anticipatory bail is not
with
(a) High Court
(b) Sessions Court
(c) Chief Judicial Magistrate
(d) Both (b) and (c)
Ans. (c) [HSJS 2012]
1176.In which of the following cases, the Supreme Court laid down
the principles of granting Anticipatory Bail?
(a) Gurbaksh Singh v. State of Punjab
(b) Indira Gandhi v. Delhi Administration
(c) Maneka Gandhi v. Delhi Administration
(d) Lalu Yadav v. State of Bihar
Ans. (a) [HHJS 2011]
1177.Which of the following is the correct chronological order of the
judgments, relating to Section 438 and delivered in—
 (1) Salauddin Abdulsamad Shaikh v. State of Maharashtra
(2) Siddharam Satllingappa Mhetre v. State of Maharashtra
(3) Sunita Devi v. State of Bihar
(4) Gurbaksh Singh Sibbia v. State of Punjab
(a) 1 2 3 4
(b) 4 1 2 3
(c) 4 1 3 2
(d) 3 1 4 2
Ans. (c) [MP JHJC 2011]
1178.The bail granted to a person who is apprehending arrest is
called—
(a) Immediate bail
(b) Advance bail
(c) Anticipatory bail
(d) None of the above
Ans. (c) [UHJS 2011]
1179. Pre-arrest bail is granted under
(a) Indian Penal Code
(b) Code of Civil Procedure
(c) International Convention of Human Rights
(d) Section 438 of the Code of Criminal Procedure
Ans. (d) [MP HJS 2008]
1180.Filing of FIR is a condition precedent to the exercise of power
under section 438 of the Code of Criminal Procedure. The
statement is
(a) True
(b) False
(c) Partly correct
(d) None of these
Ans. (b) [DHJS 2014]
1181.Under which Section of Cr.P.C. bail in anticipation of arrest is
filed?
 (a) Section 438
(b) Section 482
(c) Section 440
(d) Section 439
Ans. (a) [UP HJS 2015]
1182.Order granting anticipatory bail becomes operative
(a) on arrest
(b) prior to arrest
(c) on passing of the order by the court
(d) none of the above
Ans. (a)[All India Bar 2013]
1183.Whether any condition imposed by a magistrate when
releasing any person on bail can be setaside or modified? If yes,
by whom under which provision:
(a) By High Court under section 482 Cr.PC
(b) By High Court or court of sessions under section 439 Cr.PC
(c) By Sessions Court under section 465 Cr.PC.
(d) No court can be set aside or modified such condition
Ans. (b) [CJS 2003]
1184.Which of the following courts can set aside or modify the
conditions imposed by a Magistrate when granting bail?
(a) High Court or Court of Sessions under Section 439, Cr.P.C.
(b) High Court under Section 482, Cr.P.C.
(c) Sessions Court under Section 465, Cr.P.C.
(d) Court of Sessions under Section 438, Cr.P.C.
Ans. (a) [JCJ 2000]
1185.In a case the State wants to apply for cancellation of bail on
an accused. As per the decision of the Supreme Court of India in
the case of State (Delhi Administration) v. Sanjay Gandhi, which
one of the following may be the appropriate ground for seeking
cancellation of bail of the accused?
 (a) That the accused has attempted to tamper or has tampered with the
witness in the case against him
(b) That the order earlier passed in his favour granting him bail had not
taken his previous criminal record into account
(c) That the court granting the bail had not taken into account the fact
of non-cooperation of the accused in investigation during the period
interior to the grant of bail
(d) That the court granting the bail had not cited leading judicial decision
having bearing on decision making process for grant of bail
Ans. (c) [DAPP 2010]
1186.Under Section 439 of CrPC jurisdiction to cancel the bail vests
with
(a) the Court of Session
(b) the High Court
(c) the Court of Magistrate
(d) only (a) and (b) of the above
Ans. (d) [UJS 2012]
1187.Bail amount fixed by a magistrate can be reduced by
(a) The magistrate himself
(b) The chief judicial magistrate
(c) The High Court or the Court of Session
(d) All of the above
Ans. (c) [DAPP 2008]
1188.A person is arrested and remanded to judicial custody for the
offence of theft. He is in such custody for the last three and half
years and his trial has not yet been commenced. Which of the
following suggestions is correct in this case?
(a) He shall be released unconditionally
(b) He shall not be released unless a bail petition is moved on his behalf
(c) He shall be released on bail only when he remained in custody for
half of the maximum period of sentence provided for the offence
(d) None of the above
 Ans. (c) [DAPP 2008]
1189.Any condition imposed by a Magistrate when releasing any
person on bail:—
(a) can be set aside or modified only by the Supreme Court
(b) cannot be modified by any court
(c) can be modified by Session Court or High Court
(d) can be set aside only by Sessions Court
Ans. (c) [UP APP 2009]
1190.Who may cancel the bail given under Section 436 of Cr.P.C. by
the subordinate court?
(a) The court which has given bail
(b) High Court
(c) Court of Session
(d) Both (b) and (c)
Ans. (d)[Chhat ADPPO 2008]
1191.The general rule in relation to fixing the amount of any Bond
under provisions as to Bail and bonds of Cr.P.C. is that it should
not be:
(a) oppressive
(b) unreasonable
(c) excessive
(d) meager
Ans. (c) [PJS 2013]
1192. Penalty under the Surety Bond
(a) Can be remitted in full or in part
(b) Cannot be remitted
(c) Can be remitted in full
(d) Can be remitted in part only
Ans. (a) [DAPP 2008]
1193. Cash in lieu of surety bond can be permitted vide
(a) Section 443 Cr.P.C.
(b) Section 444 Cr.P.C.
 (c) Section 445 Cr.P.C.
(d) Section 446 Cr.P.C.
Ans. (c) [WBJS 2011]
1194.An order passed by a Magistrate under Section 446 of the
Code of Criminal Procedure 1973, is appealable to
(a) Session Judge
(b) District Magistrate
(c) High Court
(d) Supreme Court
Ans. (a) [UJS 2015]
1195.Which of the following provisions of the Criminal Procedure
Code is not related to Appeal?
(a) Section 86
(b) Section 449
(c) Section 450
(d) Section 454
Ans. (c) [UP PCS 2003,
MP APPO 2009, Chhat ADPPO 2006
1196.Assertion (A): Bail, not jail, is the general rule in bailable offence in
India.
Reason (R): Personal liberty is the most cherished right of a human
being.
Codes:
(a) Both A and R are individually true and R is the correct explanation of
A.
(b) Both A and R are individually true but R is not the correct
explanation of A.
(c) A is true but R is false.
(d) A is false but R is true.
Ans. (a) [DJS 2010]
1197. The liability of a surety under the surety bond is:
 (a) Mutually exclusive of the liability of the accused under his personal
bond.
(b) Contingent on the liability of the accused under his personal bond.
(c) Limited to the amount of the surety bond.
(d) Both (a) and (c).
Ans. (d) [DJS 2010]
1198.The term ‘bail’ signifies the conditional release of an accused
or arrested person by the
(a) Police during investigation, but not by the magistrate during enquiry.
(b) Magistrate during inquiry, but not by the court during trial
(c) Court during trial, but not during revision
(d) Police Magistrate or court during investigation, enquiry or trial
Ans. (d) [RJS 2011]
1199.Under Section 439 of Cr.P.C., the jurisdiction to cancel the bail
vests with:
(a) The Court of Sessions
(b) The High Court
(c) The Court of Magistrate
(d) Only (a) &(b)
Ans. (d) [HJS 2011]
1200.Which of the following is not correct regarding provisions of
bail in case of non-bailable offences?
(a) Bail may be granted, if the court concerned comes to the conclusion
that prosecution has failed to establish a prima-facie case
(b) Bail may be granted, if the court is satisfied that in spite of existence
of a prima-facie case there is need to release such person on bail in
view of facts and circumstances of case
(c) Bail cannot be granted to an accused who may be required for being
identified by witness during investigation
(d) If the offence is punishable with death, imprisonment for life or
imprisonment for 7 years or more, no person can be released on bail
without giving an opportunity of hearing to the public prosecutor
 Ans. (c) [UP APP 2009]
CHAPTER XXXIV
DISPOSAL OF PROPERTY
[Sections 451-459]
1201. Order passed under Section 451 Cr.P.C is
(a) an interlocutory order
(b) a final order
(c) both (a) and (b)
(d) none of the above
Ans. (a) [WBJS 2011]
1202.Order for disposal of property at conclusion of trial by Criminal
Court. What is not correct?
(a) By destruction
(b) By confiscation
(c) Delivery to any person claiming to be entitled to possession
(d) By declaration of title of any person to the ownership of property
Ans. (d) [MPJS 2007]
1203.Order of disposal of property at conclusion of trial is passed
under
(a) Section 451 of Cr.P.C.
(b) Section 452 of Cr.P.C.
(c) Section 457 of Cr.P.C.
(d) Section 458 of Cr.P.C.
Ans. (b) [MJS 2011]
1204.A criminal court, at conclusion of trial, may order
(a) restoration of possession of immovable property to the person who
had been dispossessed there from by use of criminal force or by
criminal intimation by the person convicted.
(b) the destruction of pornographic material in respect of which
conviction was recorded.
(c) Both (a) and (b)
 (d) Neither (a) nor (b)
Ans. (c) [DJS 2014]
1205.In regard to sale of perishable property, if the person entitled
to the possession of such property is not known or absent and
the property is subject to speedy and natural decay, the
Magistrate may direct it to be sold within _____ of the date of
such proclamation:
(a) One month
(b) Three months
(c) Six months
(d) Nine months
Ans. (c) [APJS 2012]
1206.A Magistrate not empowered by law erroneously in good faith
sells property under Section 458 of the Code of Criminal
Procedure. Is it
(a) an incurable irregularity
(b) a curable irregularity
(c) totally illegal
(d) illegal under certain circumstances
Ans. (b) [APDSJ 2011]
1207.By Criminal Procedure (Amendment) Act, 2005, in section 459
of Cr.P.C. the words ‘less than ten Rupees’ have been
substituted by the words
(a) less than five hundred Rupees
(b) less than fifty Rupees
(c) less than one hundred Rupees
(d) less than two hundred and fifty Rupees
Ans. (a) [UP APO 2006]
1208.Sections 451 and 452 of Cr.P.C. essentially deal with disposal
of property by the Criminal Court. The basic difference between
the two is—
 (a) Both the provisions deal with release of property produced before the
Court
(b) Section 451 is attracted during enquiry of trial and Section 452 is
attracted after conclusion of the Criminal Trial
(c) There is no difference bet-ween the two provisions
(d) None of the above
Ans. (b) [APJS 2011]
1209.Under Cr.P.C. the period of limitation shall commence—
(a) On the date of taking cognizance
(b) On the date of offence
(c) On the date of filing the complaint
(d) None of the above
Ans. (b) [APJS 2011]
CHAPTER XXXV
IRREGULAR PROCEEDINGS
[Sections 460-466]
1210.Irregularities which do not vitiate trial have been stated in
(a) Section 460 of Cr.P.C
(b) Section 461 of Cr.P.C
(c) Section 462 of Cr.P.C
(d) Section 466 of Cr.P.C
Ans. (a)[HJS 2011, UP PCS CJ 2015]
1211.An irregularity by the Magistrate in which one of the following
cases will not vitiate proceedings?
(a) Making an order for maintenance
(b) Demanding security for good behaviour
(c) Tendering pardon to accomplice
(d) Trying an offence summarily
Ans. (c)[Chhat ADPPO 2006,
UJS 2006]
1212.When will proceedings be vitiated if the Magistrate is not
empowered to do so?
 (a) To issue a search warrant under Section 94 of Cr.P.C.
(b) To hold on inquest under Section 176 of Cr.P.C.
(c) Tries an offender summarily
(d) To tender a pardon under Section 306 of Cr.P.C.
Ans. (c)[MP PCS 1998, CJS 2004]
1213.The proceedings before a criminal court are vitiated if the
presiding magistrate who is not empowered by law to do so
(a) issues search warrant erroneously but in good faith.
(b) holds inquest under section 176 of Code of Criminal Procedure
erroneously but in good faith.
(c) tries an offender summarily.
(d) All of these
Ans. (c) [DJS 2014]
1214.Which of the following irregularities of a Magistrate, not
empowered by law to do so, vitiates the proceedings?
(a) To hold inquiry under Section 176 Code of Criminal Procedure
(b) To make over a case under sub-Section (2) of Section 192 Code of
Criminal Procedure
(c) To take cognizance of an offence under clause (c) of sub-section (1)
of Section 190 of the Code of Criminal Procedure
(d) To tender pardon to accomplice under Section 306 of the Code of
Criminal Procedure
Ans. (c) [RJS 2015]
1215.Under Criminal Procedure Code, 1973 the irregularities which
vitiate trial have been stated in
(a) Section 460
(b) Section 461
(c) Section 466
(d) Section 467
Ans. (b)[UP PCS CJ 2015]
1216.Under Criminal Procedure Code, 1973, what is effect of trial
conducted in wrong place?
 (a) Vitiate itself
(b) Vitiate if caused failure of justice
(c) Seriousness has to be seen
(d) Is to be referred to Session Judge
Ans. (b) [MP PCS 1998,
MPJS 2015]
1217.Inquiry, Trial or other Proceedings conducted in wrong place
(a) Cannot be set aside unless the same has resulted into failure of
justice
(b) Cannot be set aside even if the same has resulted into failure of
justice
(c) Makes them void ab initio
(d) Either (a) or (b)
Ans. (a) [APJS 2012]
CHAPTER XXXVI
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
[Sections 467-473]
1218.If the offence is punishable with fine only the period of
limitation for taking cognizance of it shall be:
(a) Three months
(b) Six months
(c) One year
(d) Three years
Ans. (b) [MP PCS 1996]
1219. No Court shall take cognizance of an offence punishable with
fine only, after the expiry of the period of limitation of—
(a) Two months
(b) Three months
(c) Ninety days
(d) Six months
Ans. (d) [MP PCS 2001]
1220. Three years period of limitation is prescribed for taking
cognizance of the offence punish able with imprisonment for a
term not exceeding—
(a) One year
(b) Three years
(c) Five years
(d) Seven years
Ans. (b) [CJS 2004, MP PCS 2001]
1221.The Bar of taking cognizance after lapse of period of limitation
as stated in Section 468(2) of Cr.P.C. does not apply if the
offence is punishable with imprisonment for a term exceeding
.......... years.
(a) 2
(b) 4
(c) 3
(d) 5
Ans. (c) [CJS 2016]
1222. Point out incorrect response—
The period of limitation for taking cognizance of an offence shall
be—
(a) Six months if offence is punishable with fine only
(b) One year, if the offence is punishable with imprisonment for a term
not exceeding one year
(c) Three years, if the offence is punishable with imprisonment for a
term not exceeding one years but not exceeding three years
(d) Five years, if the offence is punishable with death sentence
Ans. (d)[UP PCS 2003, PJS 2011]
1223.Period of limitation to take cognizance of an offence
punishable for a term more than three years imprisonment is:
(a) 90 days
(b) one year
(c) three years
 (d) no period of limitation is prescribed
Ans. (d) [MPCJ 2006,
Chatt ADPO 2006]
1224.According to Section 468 Cr.P.C. no court shall take
cognizance of an offence punishable with imprisonment for a
term not exceeding one year:
(a) after the expiry of one year
(b) after the expiry of six months
(c) after the expiry of three months
(d) after the expiry of two years
Ans. (a) [UJS 2006]
1225.Period of limitation for an offence punishable with a term of
two years, as per section 468 of Cr.P.C. is
(a) six months
(b) one year
(c) two years
(d) three years
Ans. (d)[UP APO 2006, PJS 2010]
1226.No court shall take cognizance of an offence after expiry of
period of limitation which is
(a) six months, if offence is punishable with fine only
(b) one year, if punishable with imprisonment for a term not exceeding
one year
(c) 3 years, if punishable with imprisonment for a term exceeding one
year but not exceeding 3 years
(d) all of the above
Ans. (d) [DJS 2007]
1227.Limitation Period under Section 468 of Cr.PC includes:
(a) 6 months with fine only
(b) 1 year with 1 year punishment
(c) 3 years with Maximum 3 year punishment
(d) All of the above
 Ans. (d) [DJS 2007]
1228.What is the time limit in Section 468, Cr.P.C. for taking
cognizance in a case of defamation?
(a) Six Months
(b) One Year
(c) Three Years
(d) No limit
Ans. (c) [MPJS 2007,
UP PCS CJ 2008 HJS 2014]
1229.Under Section 468 of the Cr.P.C. the period of limitation for an
offence punishable with a term not exceeding one year is:
(a) Six months
(b) One year
(c) Two years
(d) Three years
Ans. (b) [HPJS 2007-II]
1230.Under Cr.P.C no court shall take cognizance of an offence
punishable with fine only, after expiry of period of
(a) two months
(b) three months
(c) four months
(d) six months
Ans. (d)[UP PCS CJ 2008]
1231.The period of limitation prescribed for taking cognizance of
the offence punishable with imprisonment up to 3 years is
(a) 1 year
(b) 2 years
(c) 3 years
(d) 4 years
Ans. (c) [JCJ 2000]
1232.For offence punishable with fine only, the period of limitation
for taking cognizance is:—
 (a) One year
(b) Six months
(c) Two years
(d) Three years
Ans. (b) [CJS 2008]
1233.Period of limitation for taking cognizance of offence
punishable with imprisonment for more than three years is:—
(a) Three years
(b) No limitation
(c) Five years
(d) Two years
Ans. (b) [CJS 2008]
1234.The period of limitation shall be six months for taking
cognizance of the offence, if the said offence is ___________
(a) Punishable with fine only
(b) Punishable with imprisonment for a term not exceeding six months
(c) Punishable with imprisonment for a term not exceeding one year
(d) Punishable with imprisonment for-a term not exceeding one month
Ans. (a) [MJS 2011]
1235.The period of limitation in case of an offence punishable with
fine only as provided under Section 468 of the Code of Criminal
Procedure is:
(a) 3 years
(b) 6 months
(c) 15 days
(d) 3 months
Ans. (b) [APJS 2012]
1236.If the offence is punishable with imprisonment for a term not
exceeding one year, the period of limitation for taking
cognizance shall be:
(a) six months
(b) one year
 (c) two years
(d) three years
Ans. (d) [HPJS 2013]
1237.Under Criminal Procedure Code, for an offence punishable
with fine only, the period of limitation is
(a) three months
(b) six months
(c) one year
(d) three years
Ans. (b)[UP PCS CJ 2013]
1238.For the purpose of taking cognizance of an offence what
period of limitation is prescribed by the court for an offence
carrying punishment not exceeding one year?
(a) 3 months
(b) 6 months
(c) 1 year
(d) 3 years
Ans. (c) [JJS 2014]
1239.What is the period of limitation prescribed for taking
cognizance of an offence which is punishable with imprisonment
for a term exceeding three years?
(a) Three years
(b) Five years
(c) Seven years
(d) No limitation
Ans. (d) [DJS 2014]
1240.Under Section 468 of Cr.P.C. for an offence punishable with
imprisonment exceeding one year but not exceeding three
years, the limitation period for taking cognizance is
(a) One year
(b) Two year
(c) Three year
 (d) Five year
Ans. (c) [CJS 2014]
1241.Under Criminal Procedure Code, 1973, no court shall take
cognizance of an offence punishable with fine only, after the
expiry of a period of
(a) Six months
(b) Twelve months
(c) Thirty six months
(d) No limitation
Ans. (a) [MPJS 2015]
1242.Under Criminal Procedure Code, 1973 what is the period of
limitation prescribed for taking cognizance of an offence which
is punishable with imprisonment for a term exceeding 3 years?
(a) 3 years
(b) 2 years
(c) 5 years
(d) No limit of period prescribed
Ans. (d)[UP PCS CJ 2015]
1243.Under Criminal Procedure Code, the period of limitation for
taking cognizance of any offence shall be three years
..................
(a) if the offence is punishable with imprisonment for a term exceeding
one year but not exceeding three years
(b) if the offence is punishable with imprisonment for a term exceeding
three years but not exceeding seven years
(c) if the offence is punishable with imprisonment for a term exceeding
one year but not exceeding ten years
(d) if the offence is punishable with imprisonment for a term not
exceeding one year
Ans. (a) [MPCJ 2016]
1244.Period of limitations for an offence punishable with a term of
two years as per section 468 of Cr.P.C. is:—
 (a) Six months
(b) One year
(c) two years
(d) three years
Ans. (d) [UP APP 2006]
1245. Point out the incorrect statement.
The period of limitation for taking cognizance of an offence shall
be:—
(a) six months if the offence is punishable with fine only
(b) one year, if the offence is punishable for a term not exceeding one
year
(c) three years, if the offence is punishable with imprisonment for a
term exceeding one year but not exceeding three years.
(d) five years, if the offence is punishable with death sentence or life
imprisonment
Ans. (d)[MP APPO 2009]
1246.If an offence is punishable with fine only then the limitation
for taking cognizance will be—
(a) 6 months
(b) 1 year
(c) 2 years
(d) 3 years
Ans. (a) [UP HJS 2012]
1247.For an offence punishable with three years imprisonment the
limitation prescribed under Cr.P.C. is—
(a) 6 months
(b) 1 year
(c) 3 years
(d) none of the above
Ans. (c) [UP HJS 2012]
1248.As per Section 468 of the Code of Criminal Procedure, the
period of limitation for an offence punishable with
imprisonment for a term of two years is
(a) one year
(b) two years
(c) three years
(d) seven years
Ans (c) [MP HJS 2011]
1249.The period of limitation for a Court taking cognizance of an
offence punishable with imprisonment for a term exceeding one
year but not exceeding three years is
(a) one year
(b) three years
(c) no limitation
(d) five years
Ans. (b) APDSJ 2011]
1250.For an offence punishable with fine only, the period of
limitation prescribed under Section 468 of the CrPC is
(a) Three months
(b) Six months
(c) One year
(d) Three years
Ans. (b)[DU LLM Entrance 2014]
1251. Period of limitation shall commence
(a) From the date of the offence generally
(b) From the date of knowledge of the commission of the offence if not
known earlier
(c) From the date of establishment of the identity of the accused if not
known at the time of commission of the offence
(d) All the above.
Ans. (d) [DJS 2010]
1252.Under Criminal Procedure Code, 1973, the date of
commencement of the period of limitation has been provided
under
(a) Section 467
(b) Section 468
(c) Section 469
(d) Section 470
Ans. (c)[UP PCS CJ 2016]
1253.In computing the period of limitation under Code of Criminal
Procedure, 1973, in relation to an offence, the day from which
such period is to be computed:
(a) shall be included
(b) shall be excluded
(c) shall either be excluded or included as per discretion of prosecution
(d) shall either be excluded or included as per discretion of defence
(e) None of these
Ans. (b) [PJS 2017]
1254.In computing the period of limitation, the time during which:
(a) Any person has been prosecuting with due diligence another
prosecution in any court against the offender shall be excluded.
(b) The period during which an offender is absent from India shall be
excluded.
(c) The period during which an offender is absconding/concealing
himself, is excluded.
(d) All of the above.
Ans. (d) [DJS 2010]
1255.In computing the period of limitation the time during which
(a) The accused avoided arrest by absconding has to be excluded
(b) The accused remained absent from India has to be excluded
(c) Both (a) & (b)
(d) Neither (a) nor (b)
Ans. (c) [HJS 2011]
1256.Under which Section of the Cr.P.C., any court may take
cognizance of an offence, after the expiry of the period
limitation?
(a) Section 468
(b) Section 472
(c) Section 473
(d) Section 471
Ans. (c) [MP APPO 2009]
1257.Any court may take cognizance of an offence after expiry of
the period of limitation, if it is satisfied on the facts and
circumstances of the case that:
(a) An attempt has been made to explain the delay.
(b) It is necessary so to do in the interest of justice.
(c) The State Government has given instructions for taking such
cognizance.
(d) In (a) and (b) both the conditions
Ans. (b) [RJS 2016]
CHAPTER XXXVII
MISCELLANEOUS
[Sections 474-484]
1258.Under which one of the following Sections of Criminal
Procedure Code, 1973 trial of cases can be taken before High
Court?
(a) Section 407
(b) Section 474
(c) Section 483
(d) No trial before High Court
Ans. (b)[UP PCS CJ 2016]
1259.Where any judge or Magistrate is personally interested in a
case, he shall neither try no commit for trial such case, nor shall
hear any appeal in such case, provided
(a) prior permission of High Court has been procured
 (b) prior permission of the Chief Justice of High Court has been procured
(c) prior permission of its appellate court has been obtained
(d) None of the above
Ans. (c) [UP APO 2006]
1260.Which one of the following sections of the Criminal Procedure
Code, 1973 provides that “no Judge or Magistrate shall try any
case in which he is personally interested”?
(a) Section 478
(b) Section 477
(c) Section 479
(d) Section 481
Ans. (c)[UP PCS CJ 2015]
1261.Inherent powers under section 482 Cr.PC can be exercised by:
(a) Any Criminal Court
(b) The Supreme Court only
(c) The Court of Session and the High Court
(d) The High Court
Ans. (d)[MP PCS 1996, CJS 2004
UJS 2006, Chhat ADPPO 2008,
HPJS 2012]
1262.Under Section 482 Cr.P.C. inherent powers can be exercised
by—
(a) Sessions Court
(b) Chief Judicial Magistrate
(c) High Court
(d) Both by the High Court and Sessions Court
Ans. (c) [UJS 2002]
1263.Under which Section of Cr.P.C., inherent powers can be
exercised by the High Court?
(a) Section-482
(b) Section-483
(c) Section-484
 (d) Section-480
Ans. (a)[UP PCS CJ 2006,
UKAPO 2010]
1264.Which section of the Code of Criminal Procedure, 1973 deals
with the inherent powers of the High Court?
(a) Section 483
(b) Section 480
(c) Section 481
(d) Section 482
Ans. (d) [HPJS 2007-I]
1265.The accused mentioned in F.I.R. wants it to be quashed, he
would approach the following one court
(a) Only District Court
(B) Only High Court
(c) Only Supreme Court
(d) All Court
Ans. (b) [DJS 2008]
1266.Inherent Powers under Section 482 of the Code of Criminal
Procedure, 1973 can be exercised by:
(a) Judicial Magistrate First Class
(b) Sessions Judge
(c) High Court
(d) Chief Judicial Magistrate
Ans. (c) [MPJS 2009]
1267. Section 482 Cr.P.C. deals with
(a) Injunction
(b) Arrest of a proclaimed offender
(c) Appellate powers of High Court
(d) Inherent powers of a High Court
Ans. (d) [BJS 2009]
1268.In which case Supreme Court of India directed the High
Courts to exercise jurisdiction under Section 482 of Code of
Criminal Procedure?
(a) State of Haryana v. Bhajan Lal
(b) Adalat Prasad v. Navin Jindal
(c) Dinesh Dalmiya v. CBI
(d) Dhananjay Chatterjee v. State of West Bengal
Ans. (a)[UJS 2010, UJS 2016]
1269.While exercising its inherent powers under section 482, Code
of Criminal Procedure, 1973 the High Court cannot
(a) Review its own Judgement
(b) Do all the mentioned things
(c) Convert itself into court of appeal when the legislature has not
conferred a right to appeal to it.
(d) Grant police custody from Judicial Custody.
Ans. (b) [RJS 2011]
1270.Under Section 482 Cr.P.C, the High Court exercises—
(a) Inherent powers
(b) Appellate powers
(c) Revisional powers
(d) Review powers
Ans. (a) [APJS 2011]
1271.A High Court under its inherent powers conferred under
Section 482 of Cr.P.C. passes the following orders:
(i) It quashes the F.I.R.
(ii) It quashes proceeding of case pending before a criminal court
(iii) It expunges the derogatory remarks against a member of
subordinate court.
Having in view the validity of above order choose the correct
answer given below:
(a) Only (i) is valid
(b) (i) and (ii) are both valid
 (c) (i), (ii) and (iii) all are valid
(d) (i) and (iii) are valid
Ans. (c) [UJS 2014]
1272.Inherent power under Section 482 of the Code of Criminal
Procedure 1973 can be exercised by
(a) Session Court
(b) High Court
(c) Chief Judicial Magistrate
(d) Any Judicial Magistrate
Ans. (b)[MP (Pre) JS 2013-I]
1273.Under which Section of the Cr.P.C. the High Courts has
inherent powers?
(a) Section 474
(b) Section 480
(c) Section 481
(d) Section 482
Ans. (d)[MP APPO 2009]
1274. Which court can exercise inherent powers in criminal cases?
(a) 1st Class Magistrate
(b) Session’s Court
(c) High Court
(d) Session’s Court and High Court both
Ans. (c) [Raj APP 2005]
1275.Under section (?) of the Cr.P.C., a joint trial can be split up—
(a) 223
(b) 299
(c) 317
(d) 482
Ans. (d) [MP HJS 2010]
1276.Prisoner released before punishment is completed is called
(a) Bail
 (b) Parole
(c) Probation
(d) Acquitted
Ans. (b) [HJS 2008]
1277.Which one of the following combinations are not correctly
matched?
1. Anticipatory bail - Section 437 of Cr.P.
Code
2. Summary dismissal - Section 384 of Cr.P.
Code
3. Appeal in case of- Section 376 of Cr.P.
acquittal Code
4. Reference to- Section 397 of Cr.P.
High Court Code
Select correct answer using the code given below—
Code:
(a) 1, 2 and 4
(b) 1, 3 and 4
(c) 1, 2 and 3
(d) 2, 3 and 4
Ans. (b) [UP PCS 2003]
1278. The case of Deena v. Union of India relates to:
(a) capital punishment
(b) hanging as mode of execution
(c) long delay in execution of death sentence
(d) hand cuffing
Ans. (b) [UJS 2006]
1279.Which one of the following is not correctly matched?
(a) Police to prevent Sec. 149
cognizable offences
(b) Power to arrest to Sec. 151
prevent the commission
of cognizable offence
(c) Power to certain armed Sec. 131
forces officers to
dispense assembly
(d) Arrest by Magistrate Sec. 45
Ans. (d)[UP PCS CJ 2006]
1280. Which one of the following is correctly matched?
(a) Information in cognizable Sec. 154
offence
(b) Police Officer’s power Sec. 161
to require attendance
of witnesses
(c) Search by Police Officer Sec. 166
(d) Cases to be sent to Sec. 171
Magistrate when
evidence is sufficient
Ans. (a)[UP PCS CJ 2006]
1281.Which one of the following combinations are not correctly
matched?
A. Anticipatory bail 1. Sec.-437, Cr.P.C.
B. Summary Dismissal 2. Sec.-384, Cr.P.C.
of appeal
C. Appeal in case of 3. Sec.-376, Cr.P.C.
acquittal
D. Reference to High 4. Sec.-397, Cr.P.C.
Court
Select correct answer using the codes given below:
Codes:
(a) A-1; B-2 and D-4
(b) A-1; C-3 and D-4
 (c) A-1; B-2 and C-3
(d) B-2; C-3 and D-4
Ans. (b)[UP PCS CJ 2006]
1282.Reasons for non-applicability of some of the provisions of the
Criminal Procedure Code to the State of Nagaland have been
stated by the Supreme Court in—
(a) State of Nagaland v. Rattan Singh
(b) Maharaja Vikram Kishore of Tripura v. Province of Assam
(c) Zarzoliana v. Government of Mizoram
(d) State of Nagaland v. Chung
Ans. (c) [JCJ 2000]
1283. Cognizance meaning
(a) Arrest without warrant only
(b) Arrest and investigate without warrant of magistrate
(c) Inform the accused
(d) Can never arrest and investigate
Ans. (b) [DJS 2008]
1284. Mark the incorrect statement:
(a) Section 319 of the Code of Criminal Procedure, 1973 could not be
invoked where the trial has not begun and no evidence has been
recorded.
(b) The power to proceed against a person not named as an accused is
to be exercised sparingly and for compelling reasons.
(c) The provisions of Section 319 of the Code of Criminal Procedure,
1973 applies to all the courts including a Sessions Court.
(d) None of the above.
Ans. (d) [DJS 2010]
1285.Match List I with List II and select the correct answer using
the codes given below the lists:
List I List II
(a) Joinder of charges (1) Section 200, Cr.P.C.
(b) Examination of (2) Section 218, Cr.P.C.
complaint
(c) Cognizance of offence (3) Section 125, Cr.P.C.
by Magistrate
(d) Order for maintenance (4) Section 190, Cr.P.C.
of wives, children and
parents
Codes:
(a) (b) (c) (d)
(a) (1) (2) (4) (3)
(b) (2) (1) (4) (3)
(c) (1) (4) (3) (2)
(d) (2) (1) (3) (4)
Ans. (b) [HPJS 2011]
1286.Which one of the following combinations are correctly
matched?
(1) Anticipatory Bail – Section 438, Cr.P.C.
(2) Summary Dismissal – Section 384, Cr.P.C.
of Appeal
(3) Reference to High – Section 394, Cr.P.C.
Court
(4) Compounding of – Section 320, Cr.P.C.
Offences
Combinations:
(a) (1), (2) and (3)
(b) (1), (3) and (4)
(c) (1), (2) and (4)
(d) (2), (3) and (4)
Ans. (c) [HPJS 2011]
1287.“Delay in examining witnesses by investing officer does not
ipso facto make prosecution version suspect. Investigating
 officer should be categorically questioned in aspect of delayed
examination.” was held in which of the following cases?
(a) State of U.P. v. Satish
(b) Megha Singh v. State of Haryana
(c) State of NCT, Delhi v. Ravikant Sharma
(d) Balakrishna v. State of Orissa
Ans. (a) [UJS 2012]
1288.In which of the following cases it has been held that presence
of a lawyer at the time of interrogation cannot be demanded as
a matter of right;
(a) Poolpandi and other v. Superintendent, Central Excise
(b) Senior Intelligence Officer v. Jugol Kishore Samra
(c) Both (a) and (b)
(d) None of the above
Ans. (c) [HJS 2013]
1289. Who writes evidence in a criminal trial?
(a) Any employee of the court
(b) Magistrate
(c) Advocate
(d) Expert
Ans. (b)[UP PCS CJ 2013]
1290. Classification of summons case & warrant case
(a) helps in determining the trial procedure to be adopted
(b) helps to decide the question of issuance of process to the accused
(c) helps in determining the investigation procedure to be adopted
(d) (a) & (b) are correct
Ans. (d) [KCJ 2012]
1291.Examination of person accused of rape by medical practitioner
is inserted in the Criminal Procedure Code by the amendment of
(a) 2008
(b) 2005
(c) 2010
 (d) 1955
Ans. (b)[Bihar APO 2013]
1292.Any dispute relating to the possession of immovable property
under Code of Criminal Procedure 1973, is decided by the
(a) Judicial Magistrate
(b) High Court Judge
(c) Session Judge
(d) Executive Magistrate
Ans. (d) [UJS 2015]
1293.Which of the following combinations are correctly matched?
(1) Made by Magistrate : Investigation
(2) Object is to collect evidence : Inquiry
(3) Ordinarily second stage of a criminal case : Inquiry
(4) It is not a judicial proceeding : Investigation
(a) (1) and (2)
(b) (2) and (3)
(c) (3) and (4)
(d) (2) and (4)
Ans. (c) [HPJS 2015]
1294.Match List I with List II and select the correct answer by
using the codes given below the lists:
List I List II
A. Summary dismissal (i) Section 320 Cr.P.C.
of appeal
B. Anticipatory bail (ii) Section 384 Cr.P.C.
C. Abatement of(iii) Section 438 Cr.P.C.
appeals
D. Compounding of (iv) Section 394 Cr.P.C.
offences
A B C D
(a) (ii) (iii) (iv) (i)
(b) (i) (ii) (iii) (iv)
 (c) (ii) (iii) (i) (iv)
(d) (iii) (iv) (ii) (i)
Ans. (a) [HPJS 2015]
1295.Which Supreme Court case discusses the law relating to
narco-analysis, from amongst the following decided cases:
(a) Ram Reddy v. State of Maharashtra
(b) Selvi v. State of Karnataka
(c) State of Bombay v. Kathi Kalu Oghad
(d) Sharda v. Dharmpal
Ans. (b) [DJS 2015]
1296.The direction to ensure that police officers do not arrest
accused unnecessarily and magistrates do not authorise
detentions casually were issued by the Supreme Court in the
following case:
(a) Arnesh Kumar v. State of Bihar
(b) Lalita Kumari v. State of U.P.
(c) Sumita Kumari v. State of Bihar
(d) Anju Chaudhari v. State of U.P.
Ans. (a) [UJS 2016]
1297.In which of the following cases the Supreme Court held that
“The law does not mandate taking of prior permission for
further investigation or carrying out further investigations even
after filing of charge-sheet, it being a statutory right of Police”.
(a) State of A.P. v. A.S. Peter
(b) Balbir Singh v. State of Delhi
(c) State of U.P. v. Farid Khan
(d) Union of India v. Padam Narain Agarwal
Ans. (a) [HPJS 2016]
1298.In summon-cases and inquiries, memorandum is the only
(a) Record of witness
(b) Record of accused statement
(c) Record of evidence
 (d) Record of all statements
Ans. (a) [JJS 2016]
1299.In which of the following cases have the Supreme Court
recently directed to upload online copy of FIR within 24 hours of
lodging?
(a) D.K. Basu v. State of West Bengal
(b) Youth Bar Association of India v. Union of India
(c) Thakur Ram v. State of Bihar
(d) Gyan Singh v. State of Punjab
Ans. (b) [CJS 2016]
1300.Maximum period for which under-trial can be detained
(a) is decided by the court
(b) not exceeding the maximum period of punishment for the said
offence
(c) not more than half of the maximum period of punishment for the
said offence
(d) none of the above
Ans. (c) [UJS 2016]
1301.The Code of Criminal Procedure, 1973 can be amended by:
(a) Parliament or any State Legislature
(b) The Parliament only
(c) The Supreme Court and Parliament
(d) State Legislature only
Ans. (a) [MPJS 2012]
1302.The main characteristic of the new Code of Criminal
Procedure, 1973 is:
(A) The separation of the Legislature from the Executive
(b) The separation of the Judiciary from the Executive
(c) The separation of the Revenue work from the Executive
(d) To provide judicial powers to the Executive Magistrates
Ans. (b)[HPJS 2007-I, UP APO 2009]
1303.Under Criminal Procedure Code, 1973, a magistrate can
commit a case to Court of Session which is not exclusively
triable by the Court of Session if it appears to him that the case
is such that
(a) Which could not be adequately punished by him
(b) Some question of law of unusual difficulty is likely to arise
(c) He has no jurisdiction to try the case
(d) The case is one which ought to be tried by the Court of Session.
Ans. (d)[MP (Pre) JS 2013-I]
1304. The main characteristic of the Code of Criminal Procedure,
1973 is—
(a) The empowerment of Executive Magistrate with Judicial power
(b) The separation of the Legislature from the Executive
(c) The separation of the Judiciary from the Executive
(d) The separation of the Revenue work from the Executive
Ans. (c) [UP APO 2002]
1305.Assertion (A): The purpose of criminal law is to prevent crimes.
Reason (R): In certain situations even a private person can arrest
another person.
Code :
(a) Both (A) and (R) are true and (R) is the correct explanation of (A)
(b) Both (A) and (R) are true but (R) is not the correct explanation of (A)
(c) (A) is true but (R) is false
(d) (A) is false but (R) is true
Ans. (b) [UJS 2002]
1306. Consider the following statements:
1. The words in section 145 are mandatory
2. The words in section 145 are discretionary
3. The proceedings under section 107 can be converted under
section 145
4. The proceedings under section 107 cannot be converted under
section 145.
 Which of the statements given above are correct?
(a) 1 and 2
(b) 2 and 3
(c) 1 and 3
(d) 3 and 4
Ans. (c) [DAPP 2005]
1307.Which of the following statements is not correct under the
Code of Criminal Procedure?
(a) Where a private person or an authorised person has a right to arrest
a person and hand him over to the custody of police, such private
person can also make search of such arrested person
(b) Enquiry and trial, both are included in judicial proceedings’
(c) Complaint may be made by any person and it is not necessary that
the injured or the affected only should complaint
(d) Charges are framed only in warrant cases there is no need to frame
charge sheet in petty summons cases
Ans. (a) [UP APP 2006]
1308.Which one of the following is not correctly matched?
(a) Conditional order for removal of nuisance-Section 133
(b) Procedure where existence of public right is denied-Section 137
(c) Dispute concerning right of use of land or water-Section 147
(d) Power to issue order in urgent cases of nuisance or apprehended
danger-Section 145
Ans. (d) [UK APO 2010]
1309.The code of Criminal Procedure (Amendment) Act, 2005 (No.
25 of 2005) received the assent of the President on:—
(a) 21st July, 2005
(b) 23rd June, 2005
(c) 22nd August, 2005
(d) 20th September, 2005
Ans. (b)[Chhat ADPPO 2006]
1310. Mark the incorrect statement(s)
 (a) An inquiry into an offence never ends in a conviction on acquittal. At
the most it may result in discharge or commitment of a case for trial
by Magistrate
(b) Trial is a judicial process whereas investigation is an administrative
process
(c) both (a) and (b)
(d) none of the above
Ans. (d)[DU LLM Entrance 2015]
1311.In which of the following cases, it has been laid down by the
Supreme Court that where the version in the complaint case and
the police report are totally different and contradictory, such
cases should be tried separately—
(a) Harinder Singh v. State of Punjab
(b) Pal alias Palla v. State of U.P.
(c) Suresh Chand Jain v. State of M.P.
(d) Dilawar Singh v. State of Delhi
Ans. (c) [RJS 2010]
1312.A, who had undergone detention during trial, has been
sentenced to pay a fine of Rs. 1000/- and suffer simple
imprisonment for one month in default of payment of fine. A
fails to deposit the amount of the fine and is made to undergo
imprisonment in default. A claims set-off. In this situation, A is
……………..
(a) entitled to set-off as a matter of right
(b) not entitled to set-off
(c) entitled to set-off if the Court so orders specifically
(d) not entitled to set off as the detention was not during investigation
Ans. (b) [MP HJS 2012]
1313.The distinction between a police investigation ordered under
Section 156(3) and the one directed under Section 202 of Code
has been clearly brought out by the Supreme Court
in—
 (a) Devarapalli Lakshminarayana Reddy v. N. Narayana Reddy
(b) Smt. Nagawwa v. Veerama Shivalingappa Konjalgi
(c) Kewal Krishnan v. Suraj Bhan
(d) Dr. S.S. Khanna v. Chief Secretary
Ans. (a) [MP HJS 2010]
1314.A magistrate can issue summons to an accused to appear
before a police officer. The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above
Ans. (b) [UP HJS 2014]
1315.On the non-completion of investigation i.e., failure of the
prosecution to file charge sheet within the prescribed period of
90 or 60 days
(a) The accused person is to be discharged
(b) The accused person shall be released on bail if he is prepared to and
does furnish bail
(c) The accused person shall be released on bail as of right and no
application for release on bail need be made
(d) The right of the accused person to be released on bail could be
defeated by the subsequent filing of the charge sheet under any
circumstance
Ans. (b)[DU LLM Entrance 2016]
(Ist) SCHEDULE
1316.The classification of offences into bailable and non-bailable
has been given in the Code of Criminal Procedure, 1973, under:
(a) The 1st Schedule
(b) The 2nd Schedule
(c) Section 320
(d) Section 482
 Ans. (a) [HPJS 2007-II,
AJS 2011, UJS 2015]
1317.Classification of Bailable and Non-bailable offences in Cr.P.C.
is provided under
(a) First Schedule of Cr.P.C.
(b) Second Schedule of Cr.P.C.
(c) Section 320 of Cr.P.C.
(d) Section 321 of Cr.P.C.
Ans. (a) [UJS 2010]
1318. What offence is bailable?
(a) Mentioned as bailable offence in Schedule 1 of Cr.P.C.
(b) All cases of summons trial
(c) All non-cognizable offences
(d) All cases which are not triable by session
Ans. (a)[MPJS 2007, HJS 2014]
1319.List of cognizable and non-cognizable offences is provided
under ........... of Cr.P.C.
(a) Section 106
(b) Section 110
(c) Schedule I
(d) Schedule II
Ans. (c) [CJS 2014]
1320.Bailable offence means on offence which is shown as bailable
in:—
(a) First Schedule of Cr.P.C.
(b) Second Schedule of Cr.P.C.
(c) A Section of Cr.P.C.
(d) Indian Penal Code
Ans. (a)[MP APPO 2008]
1321.‘Bailable offence’ means an offence which is shown as bailable
in
(a) the First Schedule of Cr.P.C.
 (b) the Second Schedule of Cr.P.C.
(c) Section 425 Cr.P.C.
(d) Section 426 Cr.P.C.
Ans. (a) [UP APO 2011]
1322.Under the scheme of Cr.P.C. offences have been classified into
bailable and non bailable, cognizable and non cognizable under:
(a) The first schedule
(b) The second schedule
(c) Section 320
(d) Section 300
Ans. (a)[DU LLM Entrance 2012]
(IInd) SCHEDULE
1323.Which provision under the Code of Criminal procedure, 1973
prescribes the mode of execution of sentence of death that “The
convict the hanged by the neck until he be dead”?
(a) Section 413
(b) Form No. 42 of the Second Schedule of the Code
(c) Section 416
(d) Section 414
Ans. (b)[Chhat ADPPO 2006,
UJS 2006]
1324.The Supreme Court of India has recognized the presumption
of innocence as a:
(a) fundamental right
(b) human right
(c) statutory right
(d) customary right
Ans. (c) [DAPP 2010]
1325.In which case, it was held that at the time of framing charge
or taking cognizance, accused has no right to produce any
material?
(a) Anil Rail v. State of Bihar
 (b) State of Orissa v. Debendra Nath Padhi
(c) Bani Singh v. State of U.P.
(d) Pratap Singh v. State of Jharkhand
Ans. (b) [UP APP 2009]
1326.In which of the following cases it was held that the accused
cannot use the diary? Neither the accused nor his counsel can
requisition the case diary and they cannot claim to go through
it?
(a) State of U.P. v. Harish Chandra Singh
(b) Madhu Limaye v. Union of India
(c) Mukund Lal v. Union of India
(d) J.M. Desai v. State of Bombay
Ans. (c) [UP APP 2009]
1327.The code of Criminal Procedure of 1973 is divided into:—
(a) Chapter 37, Section 481
(b) Chapter 39, Section 484
(c) Chapter 38, Section 481
(d) Chapter 37, Section 484
Ans. (d)[Chhat ADPPO 2008]
1328.Form No. 32 of the Second Schedule of Cr.P.C. provides the
format for framing of
(a) Charges
(b) Summons to witness
(c) Warrant of execution of a sentence of death
(d) Warrant after commutation of a sentence
Ans. (a) [HJS 2014]
1329.Offences against other laws (except IPC) if punishable with
imprisonment for 3 years and upwards but not more than 7
years then:
(a) It will be cognizable and Non bailable
(b) Non-congnizable and Bailable
(c) Cognizable and Bailable
(d) Non-cognizable and Non bailable
Ans. (a) [CJS 2003]