Deck 2: Key Concepts in Criminal Procedure Code (Cr.P.C): Arrest, Sentencing, and Proclamation

Question 1

A Metropolitan Magistrate, has the power to pass sentence, as provided under section 29 of Cr PC

A)any sentence authorized by law except a sentence of death, or
B)imprisonment for life or of imprisonment for a term exceeding seven years
C)imprisonment for a term not exceeding three years and fine not exceeding rs. 10,000
D)imprisonment for a term not exceeding one year and fine not exceeding rs. 1,000.

Answer 1

imprisonment for a term not exceeding three years and fine not exceeding rs. 10,000

Question 2

A Metropolitan Magistrate can award sentence of imprisonment -in default of payment of fine

A)equal to the term of imprisonment which he is competent to inflict as substantive punishment
B)not exceeding half of the term of imprisonment which he is competent to inflict as substantive sentence
C)not exceeding one-third of the term of imprisonment which he is competent to inflict as substantive sentence
D)not exceeding one-fourth of the term of imprisonment which he is competent to inflict as substantive sentence.

Answer 2

not exceeding one-fourth of the term of imprisonment which he is competent to inflict as substantive sentence.

Question 3

The imprisonment in default of fine

A)shall be in addition to a substantive sentence maximum awardable under section 29 without any specific order
B)shall be in addition to a substantive sentence only when a specific order to that effect is passed.
C)shall not be in addition to the substantive sentence awardable by the magistrate
D)shall be in addition to the substantive sentence awardable but subject (to the upper limit for substantive sentence prescribed under section 29.

Answer 3

shall be in addition to a substantive sentence maximum awardable under section 29 without any specific order

Question 4

In cases of consecutive sentence on conviction of several offences at one trial by a Metropolitan Magistrate the aggregate punishment

A)shall not exceed twice the amount of punishment which the magistrate is competent to inflict for a single offence
B)shall not exceed the amount of punishment which the magistrate is competent to inflict for a single offence as prescribed under section 29 of cr pc
C)shall not exceed three times the amount of punishment which the magistrate .is competent to inflict for a single offence
D)shall not exceed 14 years.

Question 5

Classification of compoundable & non-compoundable offences has been provided under

A)lst schedule
B)ilnd schedule
C)section 320 of cr pc
D)section 321 of cr pc.

Question 6

Offences other than those mentioned in section 320 of Cr PC are

A)not compoundable'
B)compoundable with the permission of the court
C)compoundable by the court of sessions
D)compoundable by the high court.

Question 7

Arrest means

A)every compulsion or physical restraint
B)total restraint and complete deprivation of liberty
C)both (a) & (b)
D)neither (a) nor (b).

Question 8

A warrant of arrest is a command

A)must be a written order
B)signed, sealed & issued by a magistrate
C)addressed to a police officer
D)all of the above.

Question 9

A person can be arrested without warrant

A)for securing attendance of accused at trial
B)as a preventive or precautionary measure
C)for obtaining correct name & address
D)all the above.

Question 10

Which of the following is correct

A)magistrate cannot arrest a person
B)a private person cannot arrest a person
C)a police officer can arrest a person
D)both (a) & (b).

Question 11

It is mandatory for a police officer to inform the person arrested, the grounds of arrest and right of bail if the offence is not non-bailable, under

A)section 49 of cr pc
B)section 50 of cr pc
C)section 51 of cr pc
D)section 54 of cr pc.

Question 12

A police officer arresting a person may carry out the personal search after compliance of

A)under section 50 of cr pc
B)under section 51 of cr pc
C)under section 54 of cr pc
D)under section 56 of cr pc.

Question 13

It is mandatory to produce the person arrested before the Magistrate, within 24 hours of his arrest, under

A)section 56 of cr pc
B)section 57 of cr pc
C)section 58 of cr pc
D)section 59 of cr pc.

Question 14

A proclamation under section 82 of Cr PC 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. 45. A proclamation requiring a person to appear must be published giving

A)not less than 30 days time to the person concerned
B)not less than 10 days time to the person concerned
C)not less than 20 days time to the person concerned
D)not less than 15 days time to the person concerned.

Question 15

Attachment of the property of the person absconding

A)can only be issued after publication of the proclamation under section 82 of cr pc
B)can be issued before publication of - the proclamation under section 82 of cr pc
C)can be issued simultaneously with the issue of proclamation under section'82 of cr pc
D)all the above.

Question 16

Period of limitation for filing a suit to establish the right over the property attached, by a person other than the person proclaimed, who has filed claims & objection to attachment, is

A)three months from the date of disallowing the claim
B)six months from the date of disallowing the claim
C)one year from the date of disallowing the claim
D)three years from the date of disallowing the claim.

Question 17

If the person proclaimed appears within the period specified in the proclamation, the property attached

A)shall not be released from attachment
B)shall be released from attachment
C)shall be forfeited
D)both (a) & (c).

Question 18

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
B)victim's guardian or legal heir
C)victim's neighbor
D)victim's close friend.

Question 19

According to section 41A(1) of Cr.P.C. the Police Officer shall issue a notice directing the alleged accused though he has committed a cognizable offence, to appear before him or at such other place as specified in notice in all the cases where the arrest of a person is not required under the

A)provisions of sub-section (1)(a) of section 41
B)provisions of sub-section (1)(b) of section 41 (c) provisions of sub-section (1)
C)of section 41
D)provisions of sub-section (1) of section 41

Question 20

A case which includes cognizable offences and non-cognizable offences is

A)a cognizable ease but requires sanction of the magistrate for investigation into the noncognizable part under section 155(2) of cr pc
B)a cognizable case and as such the investigation of the case does not require any sanction of the magistrate under section 155(2) of cr 'pc
C)a non-cognizable case and as such the investigation of the case requires sanction of the magistrate under section 155(2) of cr pc
D)a non-cognizable case but does not require sanction of the magistrate under section 155(2) of cr pc

Question 21

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

Question 22

When a complaint is presented to a Magistrate, and the Magistrate proceeds to examine the complainant & the witnesses

A)the magistrate is conducting investigation
B)the magistrate is conducting an inquiry
C)magistrate is conducting a trial
D)both (b) & (c).

Question 23

A Metropolitan Magistrate can award sentence of imprisonment -in default of payment of fine

A)equal to the term of imprisonment which he is competent to inflict as substantive punishment
B)not exceeding half of the term of imprisonment which he is competent to inflict as substantive sentence
C)not exceeding one-third of the term of imprisonment which he is competent to inflict as substantive sentence
D)not exceeding one-fourth of the term of imprisonment which he is competent to inflict as substantive sentence.

Question 24

In cases of consecutive sentence on conviction of several offences at one trial by a Metropolitan Magistrate the aggregate punishment

A)shall not exceed twice the amount of punishment which the magistrate is competent to inflict for a single offence
B)shall not exceed the amount of punishment which the magistrate is competent to inflict for a single offence as prescribed under section 29 of cr pc
C)shall not exceed three times the amount of punishment which the magistrate .is competent to inflict for a single offence
D)shall not exceed 14 years.

Question 25

Section 54 of Cr PC provides for

A)medical examination of the accused at the request of the police officer
B)medical examination of the accused at the request of the accused
C)both (a) & (b)
D)neither (a) nor (b).

Question 26

A proclamation under section 82 of Cr PC 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.

Question 27

A proclamation requiring a person to appear must be published giving

A)not less than 30 days time to the person concerned
B)not less than 10 days time to the person concerned
C)not less than 20 days time to the person concerned
D)not less than 15 days time to the person concerned.