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The Code of Criminal Procedure 1973

Chapter 1: Preliminary
2015- 1. When did the code of criminal procedure, 1973 come into force ?
Answer: (ii): 1st April 1974
Explanation : section 1 (3) of Code of Criminal Procedure deals with commencement of the act
(2010- Q .34 ) Cognizable offence means
Answer (ii) :Offence in which police officer may arrest without warrant
Explanation: Section 2(c) of Code of Criminal Procedure deals with cognizable offence. It confer as,
'cognizable offence means any offence for which, a police officer may, in accordance with the first
schedule or under any other law for time being in force arrest without warrant.
2016(Q-36) Complaint means
Answer (I) : allegations made to Magistrate for taking action, that some person committed an offence.
Explanation :
Section 2 (d) of Code of Criminal Procedure defines complaint, it confers as complaint means any
allegation made orally or in writing to a Magistrate with a view to his taking action under this code
that some person whether known or unknown, has committed an offence but does not including a
police report.

2014- Q. 20- 2017 (Q-94) cognizable offence means

Answer: (i) Where police may arrest without warrant.
Explanation :
Section 2(c) of Code of Criminal Procedure deals with cognizable offence means an offence for which a
police officer may in accordance with the first schedule or under any other law for the time being in
force arrest without warrant
2019 -(Q-97)Cognizable offence means an offence

a) in Which a police officer may arrest without warrant

b) which may be investigated by police without order of a Magistrate alta

c) in which police cannot grant bail

d) cognizable of which can be taken by Magistrate upon police report only.

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Answer: (i): a and b

Explanation:

section 2 (c) of Code of Criminal Procedure deals with cognizable offence It confers that, cognizable
offences means an offence for which

and cognizable case in which a police officer may in accordance with the first schedule or under any
other law for the time being in force arrest without warrant

2020 (-28): Complaint means :

Answer : (ii): A report made by the police officer in a case which discloses after investigation the
commission of a non-cognizable offence.

Explanation

Section 2 (d) of Code of Criminal Procedure defines ' complaint and explanation of 2. (d) confers as a
report made by a police

officer. In a case which discloses after investigation the commission of a non-cognizable offence shall
be deemed to be a complaint, and the police officer by whom such report is made shall be deemed to
be the complainant

2020 (Q-77):" warrant case" means a case relating to an offence punishable with imprisonment
for a term

Answer (iii): Exceeding two years

Explanation

section 2(.X) - defines warrant case', warrant case means a case relating to as offence punishable with
death, imprisonment for life, or imprisonment for a term exceeding two years

Chapter II: Powers of Court.

2010 – Q.97- For how much terms maximum Judicial Magistrate of the First class may pass
sentence for a single offence.?

Answer: (iii): Three years.

Explanation:

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Section 29 of code of criminal Procedure deals with sentences which, Magistrate may pass it confers as
with clause (2) as ; 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 fifty thousand Rupees or with both (Fifty
thousand Maharashtra State Amendment 2007).

2014- Q.-13 If a convicted person is sentenced again, genera rule is that both the sentence will
run.

Answer: (i): one after other.

Explanation:

Section 31 of Code of Criminal Procedure deals with sentence in cases of conviction of several offences
at one trial. It confer as when a person is convicted at one trial of two or more offence the court may,
subject to the provisions of Section 71 of Indian Penal Code sentence him for such offences, to the
several punishments prescribed there for which such court is competent inflict such punishments
when consisting of imprisonment to commence the one after the expiration of the other is such order
as the court may direct, unless the court directs that such punishments shall run concurrently

2015 – Q.-.3 The Chief Judicial Magistrate is empowered to impose a sentence of imprisonment

Answer: (ii): not exceeding seven years.

Explanation:

Section 29 of Code of Criminal Procedure deals with 'Sentences which magistrate may pass. Claus (1)
of section confers as The Court of a Chief Judicial Magistrate may pass any sentence authorised by law
except sentence of death or of imprisonment for life or of imprisonment for a term exceedings seven
years.

2015- Q-9- A judicial Magistrate First Class can order payment as competition to the person
who sustained loss or injury by reason of the act for which the accused has been convicted

Answer (iii) any amount when fine is not a part of the sentence.

Explanations

Section 357 of code of criminal procedure deals with order to pay compensation clause (b) of section
confers that ,

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Court may when passing judgment order the or any part of fine recovered applied (b) in the payment
to any person of compensation for any loss or injury caused by that offence, when the compensation is,
in the opinion of court recoverable by such person on civil court.

2015- Q.10- The jurisdiction and powers of Judicial Magistrate

Answer: (II): extend throughout the District where he is posted

Explanation :

Section 14 of Code of Criminal Procedure, deals with 'Local jurisdiction of judicia

Magistrates'. clause (2) confer as Except as otherwise provided by such the jurisdiction and powers of
every such Magistrate shall extend throughout the District

2016 ( Q-76): Court of Chief Judicial Magistrate may pass a Sentence of imprisonment for a
term:

Answer:(iii): not exceeding seven years

Explanation:

Section 29 of Code of Criminal Procedure deals with 'sentence which Magistrates may pass' clause (1)
confers as, The court of chief Judicial Magistrate may pass any sentence authorised by law except
sentence of death or ot imprisonment for life or imprisonment for term exceeding seven years

2019 Q-15):A person born on 14.01.2001 committed an offence punishable under section 379
the Indian Penal Code on 14.01.2019. which court is competent to deal with his case of trial

Answer: (I): Judicial Magistrate First Class

Explanation:

Section 29 of Code of Criminal Procedure deals with sentences which magistrate may pass, it confers
that, in clause (2) as The court of a Magistrate of a the first class may pass a sentence of imprisonment
for term not exceeding three years or fine.

for offence of under section 379 of Indian Penal Code imprisonment may extend to three years
and is as per birth is a above 18 years that is major hence trial is tried by Judicial Magistrate First Class

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2019( Q-98): A Judicial Magistrate First Class convicted an accused tor offences punishable

under sections 420 and 468 of the Indian Penal Code. How much maximum imprisonment can
he award him?

Answer (ii) Six year

Explanation:

section 31 of Code of Criminal Procedure deal with sentence in cases of conviction of several offence at
one trial it confers in clause (1) that, when a person is convicted at one trial of two or more offence the
court may sentence him for Such offence , to the several punishment prescribed therefor which such
court is competent to inflict , such punishments when consisting of imprisonment to commence the

one after the expiration of the other to such order court may direct, unless the court directs that such
punishments runs concurrently Provided that:

(b) the aggregate punishment shall not exceed twice the amount of punishment which the court is
competent to inflict for a Singe offence.

Chapter III: Arrest of Persons

2010- Q.56 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.

Answer : (iv) : Even by force.

Explanation

Section 53.A of Code of Criminal Procedure deals with ‘Examination of person accused of rape by
medical practitioner.

2015- Q2- How can an arrest be made by a police officer?

a) by handcuffing the person to be arrested.

b) by touching the body or giving oral intimation of arrest in the case of a woman

C) by confining the person to be arrested

d) by all the above methods.

Answer: (iv): only d

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Explanation:

Section 46 of Code of Criminal Procedure deals with 'Arrest how made under to some section gives
way of person to be arrested

Chapter IV - Processes to Compel Appearance.

A - summons

2010- Q-79 In a criminal case service of summons can be made on the witness.

Answer: (iv): Even by Registered Post A. D.

Explanation:

Section 62 of Codes of Criminal Procedure deals with summons how served along with that section 69
of Code of Criminal Procedure deals. With service of summons on witness by post.

2012- Q. 1.- Summons of a court can be served by.

I) Only a police officer

ii)An officer of the court

iii)Public servant

IV) Any of them

Answer: (iV): Any of them

Explanation:

Section 62 of Code of Criminal Procedure deals with ‘summons how served.’ It confer as, every
summons shall be served by a police officer, or subject to such rules as the State Government may
make in this behalf by officer of court issuing it or other public servant

2012- Q.2 Under Code of Criminal Procedure Substituted service of summons can be made

Answer: (iii): By affixing summons on the house

Explanation

section 65 of Code of Criminal Procedure deals with, ‘procedure when service cannot be effected as
before provided it confers as, If service cannot by the exercise of due diligence be effected provided

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under section 62, section 63 and section 69 of code of criminal Procedure, the serving officer shall affix
one of the duplicates of the summons to

a) some conspicuous part of house of

b) homestead in which the the person summoned ordinarily resides,

C) and thereupon the court, after making such inquires es it thinks fit, may either declare that the
summons has been duly served or order fresh service in such manner as it considers proper.

2014- Q. 18 Prior to issuance of summons to accused.

Answer: (ii): Notice is not required to be to the accused.

Explanation

2016 (Q-62) warrant of arrest may be directed to-

(a)a police officer

(b) more than one police officer

(c) any other person.

Answer: (iv): (a), (b) and (c) all.

Explanation:

Section 72 of Code of Criminal Procedure deals with warrant to whom directed It gives all person to
whom warrant to be directed for execution.

2017: (Q-41): under the Code of Criminal Procedure service of Summons can be made on any
person other than a witness

Answer: (iv): None of the above

Explanation:

Chapter VI of the Code of Criminal Procedure deals with process to compel Appearance Summons can
be served to party to proceeding or witnesses under section 69)

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Chapter V: Processes to Compel the Production of Things

2012-Q.3 - Under Section 97 of the if Code of Criminal Procedure search warrant to find out a
person can be issued .

Answer: (ii): The person is unlawfully confined.

Explanation :

Section 97 of Code of Criminal Procedure deal with, ‘search for persons wrongfully confined.’ It confers
that, If any district Magistrate, sub-Divisional

Magistrate or Magistrate of the first class has reason to believe that any person is confined under such
circumstances that the confinement amount to an offence, he may issue a search warrant.

2020 (Q-3): A Search -warrant for persons wrong tuly confined may be issued by

Answer (iv) : All of the above.

Explanation

Section 93 of Code of Criminal Procedure deals with when search warrant may be issued,' clause(3)
confers that Nothing contained in this section shall authorise any Magistrate other than District
magistrate or Chief Judicial Magistrate to Grant warrant to search for document parcel or other thing
in the custody of the postal or telegraph authority.

Chapter VI : Security for keeping the peace and Good Behavior.

2012- Q.4- Under Section 107 of code of Criminal Procedure, Executive magistrate can obtain
bond from a person if.

Answer: (iii): The person is likely to commit a breach of peace.

Explanation:

Section 107 of Code of Criminal Procedure deles with security for keeping the peace is other Cases. It
confers as, when Executive magistrate

Receives information that any person is likely to

1) commit a breach of peace or

2) disturb public tranquility or

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3) do any wrongful act that may probably occasion a breach of peace or disturb the public tranquility

4) is of opinion that there is sufficient ground for proceeding

- he should show cause why he should not be ordered to execute a bond for keeping peace Magistrate
things tit.

Chapter VIII : Order for Maintenance of wives, children and parents.

2011- Q.72- Who among the following cannot claim the maintenance under section 125 of Code
of Criminal procedure

Answer (iii): Mojar son from his father.

Explanation:

section 125 of Code of Criminal Procedure deals with order for maintenance of wives, children, and
Parents.’ It confers as if any person having sufficient means neglects or refuse to maintain

a) his wife, unable to maintain herself or

b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself

C)his legitimate or illegitimate child (not being

a married daughter) who has attain majority, where such child is, by reason of and physical or mental
abnormality or injury by unable to maintain himself or herself .

d) his father or mother, unable to maintain b himself or herself.

It does not include all option except major son from his father:

2012- Q.- 5 – A divorced wife is entitled to maintenance from her husband

Answer: (i):Till she re-marries

Explanation:

Section 125 of Code of Criminal Procedure deals with order for maintenance of wives, children and
parents of which Explanation (b) of section 125 of Code of criminal

Procedure confers concept of wife, as wife includes a woman who has been divorced by, or has
obtained a divorce from her husband and has not remarried.

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2016 (Q-32): Magistrate may order u/s 125 of Cri.pro. Code , the non applicant to pay to an
applicant for maintenance at such monthly rate :

Answer: (iii): as such a Magistrate may think it fit.

Explanation:

Section 125 of Code of Criminal Procedure deals with Order for maintenance of wives, children and
parents It confers in clause 4 para (2)

Magistrate of first class may upon proof of such neglect or refusal, order such person to make a
monthly allowance for the maintenance of his wife or such child father or mother, at such monthly rate
as such Magistrate think fit, and to pay the same amount to such person as the Magistrate may from
time to time direct.

2017. 87.- Wife shall not be entitled to receive maintenance amount from husband under
section 125 of Code of Criminal procedure if.

Answer: (iv): All of the above.

Explanation:

Section 125 of Code of Criminal Procedure are deals with order for maintenance of wives, children and
parents., clause (4) confers. That wife shall be entitled to receive an maintenance and expenses for
proceeding from her husband under this section if she is living is adultery or if, without any sufficient
reason she refuses to live with her husband or if they are living separately by mutual consent

2017 (Q-89): An application for maintenance section 125 of Criminal Procedure Code by father
against his son has to be filed in the District

Answer (i): where the son resides .

Explanation:

Section 126 of Code of Criminal Procedure deals with a Procedure for the maintenance Comments
under section 126 provides, In vijay kumar Prasad v. state of Bihar AIR 2004 SC 2123 such case
confers, an application by the father or the mother claiming maintenance, has to be filed where the
person from whom maintenance is claimed lives.

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Chapter VIII : Maintenance of Public Order Tranquility:

2011- Q.69- Conditional Order for removal of_nuisance under section 133 of Code of Criminal
Procedure are to be, passed by .

Answer: (iii): District Magistrate or Sub-divisional magistrate

Explanation:

Section 133 of Code of Criminal Procedure deals with Conditional order for removal of nuisance, it
confer as, Whenever a District Magistrate or Sub-Divisional Magistrate or any other Executive
Magistrate specially empowered in this behalf by State Government, on receiving the report of a police
officer or other information and on taking such evidence that, any unlawful obstruction or nuisance
should be removed from public place.

2012 Q.6 Executive Magistrate can put a party in possession of immovable properly.

Answer: (1) : Upon the police report that a dispute is respect of such property is likely to disturb
public peace.

Explanation :

Section 145 of Code of Criminal Procedure deals with Procedure where dispute concerning land or
water is likely to cause breach of peace. Under same section Clause (1) and (4) proviso deals with
question

2020 (Q-9): Consider the following statements in relation to the definition of Public Nuisance'

Statement (I): A common nuisance is not excused on the ground that it causes some
convenience or advantage.

Statement (ii): A common nuisance is excused on the ground that it causes some convenience or
advantage.

Answers (i): statement is correct , (ii)is incorrect.

Explanation

Section 133 to 144 of Code of Criminal Procedure deals with public nuisance and it confers all
remedies for against public nuisance.

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2012- Q.6- Executive Magistrate can put a party possession of immovable property.
Answers (i): upon the police report that a dispute is respect of such property is likely
to disturb public peace.
Explanation :
Section 145 of code of Criminal Procedure deals about procedure where dispute concerning land or
water is likely to cause breach of peace. Under same section clause (1) (4) deals about question
2020 ( -9): Consider the following statements in relation to the detonation of Public Nuisance
Statement (i):A common nuisance is not excused on the ground that it causes some convenience or
advantage
Statement (ii):: A common nuisance is excused on the ground that it causes some
convenience or advantage
Answer: (i): statement (i) is correct, (ii) incorrect.
Explanation:
Section 133 to 144 of Code of Criminal Procedure deals with public nuisance and it confers all
remedies for against public nuisance.
Chapter IX: Information Powers to the investigate Police and Their
2010. Q. 10. Whether after forwording report under section 173 of the Code of Criminal
Procedure to the concerned. Magistrate the police can continue investigation in the case ?
Answer: (iii) :Yes
Explanation:
Section 173 of Code of Criminal Procedure deals with Report of police officer on Completion of
investigation Clause (2) of section 173 express about it.
2014- Q.19- Police Can investigation non- cognizable offence.
Answer: (ii) : With permission of court.
Explanation:
Section 155 of Code of Criminal Procedure deals with information as to non-cognizable offence and
investigation of such cases: Clause (2) of section 155 confers as
“No police officer shall investigation a non-cognizable case without the order of a Magistrate having
power to try such case or commit the case for trial.
2015-Q-5 When information relating to the commission of cognizable offence is received by the
officer, in charge of a police station.
Answer(ii): he has to register an FIR as a rule
Explanation: - Section 154 of Code of Criminal Procedure deals with information in cognizable cases It
confers as, Every information relating to the commission of a cognizable offence if given orally to an
officer in charge of a police station, shall be reduced is to writing by him or under his direction.

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2016 CQ-7): The Magistrate to whom accused is forwarded after arrest may from time to time
authorize his detention in police custody For a term
Answer: (iii) : not exceeding is 15 days
Explanation :
Section 167 of Code of Criminal Procedure deals with a procedure when investigation cannot be
completes in twenty four hours, it confers in Claus (2) as The magistrate to whom as accused person is
forwarded under this section may, whether he has or has not jurisdiction to try the case from time to
time, authorized the detention of the accused in such custody as such Magistrate thinks fit , for the
term not exceeding fifteen days.
2016 (Q-10) Person who lodged FIR is to be referred
Answer: (ii): as an informant
Explanation :
Section 159 of Code of Criminal Procedure deals with information in cognizable cases. (1) Every
information relating to the commission of cognizable offence, it given orally to the officer in charge of
police station shall be reduced into writing and read informant.
2016 (Q-37): First Information Report can be used during trial
Answer: (iii): to contradict and corroborate the informant examined as a witness.
Explanation:
Section 154 of Code of Criminal Procedure deals with Information in cognizable cases, as per section
with 157 of Indian Evidence Act deals with Former statements of witness may be proved to
corroborate later testimony as to same fact,
The first Information Report is not substantive evidence, but it can be used to corroborate the
informant and to contradict him under section 195 of Indian Evidence Act.
2017 (Q-38). An aggrieved informant on refusal on the part of officer incharge of a police
station to record information regarding cognizable offence may.
Answer: (iv): Send in writing substance of the information by post to the superintendent of Police
Explanation :
Section 154 of Code of Criminal Procedure deals with Information in cognizable cases' clause (3)
content when an aggrieved informant refused to be taken him in police station to record information
regarding cognizable offence.
2017 (Q-91): Statement of a witness recorded under Section 164 of Code of Criminal Procedure
can be used.
Answer: (iii) :Both for contradiction and Corroboration
Explanation:
Section 164 of Code of Criminal Procedure deals with Recording of confessions and statement. It gives
procedure to record confession and statement by magistrate it can be used under section 157 of Indian
Evidence Act. It confers that former statements of witness may be proved to corroborate later
testimony as to same fact.

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2019 (Q-100): Judicial Magistrate First Class can grant police custody under Section 167 of the
Code of Criminal Procedure for a maximum period of.
Answer: (iv): Fifteen days from the date of first production before Magistrate
Explanation : - section 167 of Code of Criminal Procedure deals with “procedure when investigation
cannot be completed in twenty four hours”
clause (2) confers that, The Magistrate to whom an accused person is forwarded under this section
may, whether he has or has not jurisdiction to try the case from time to time, authorize the detention
of the accused in such custody as such Magistrate thinks Fit, for a term not exceeding fifteen days in
the whole.
Chapler X: Jurisdiction of the Criminal Courts in Inquires and Trials
2011- Q.22 Every offence shall ordinarily be inquired into and tried by the court.
Answer : (ii) : within whose local jurisdiction the said offence was committed.
Explanation:
Section 177 of Code of Criminal Procedure deals with ordinary place of inquiry and trial it confers as
"Every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it
was committed.
2016(CQ -87): 'A committed theft of two gold chains of B who is a resident of Pune, but from a
place in Mumbai, one chain was recovered from 'c' at Jalana , another from 'D' at Buldnana . 'C'
and 'D' purchased chain knowing them to be stolen properties.
Answer (iii) : court in Mumbai as well as Jalana and Buldhana
Explanation:
Section 181 of Code of Criminal Procedure deals with a place of trial is case of certain offences. Clause
(3) confers as Any offence of theft, extortion or robbery may be inquired into or tried by a court within
whose local jurisdiction the offence was committed or the stolen property which is the subject of the
offence was possessed by any person committing it or by any person who received or retained such
property knowing or having reason to belive it to be stolen property.
Chapter XI. Conditione Requisite for Initiation of Proceedings.
2015- Q.6 Which of the following is a correct statement ?
Answer (iv) : Court of session cannot take cognizance unless the case has been committed to it by the
Magistrate.
Explanation:
Section 193 of Code of Criminal Procedure deals with cognizance of offences by courts of session" It
confers as , Except as otherwise expressly provided by this code or by any other to law for the time
being in force , No court of session shall take cognizance of any offence as a court of original
jurisdiction unless the case has been committed to it by a Magistrate under this code.
2010- Q.4- A court of session can take cognizance of a criminal case for the offences punishable
under the provisions of the Indian Penal Code.
Answer: (iv) : only, if the case is committed by a Magistrate..

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Explanation:
section 193 of Code of Criminal Procedure deals with Cognizance of offences by court of session. It
confers as Except as otherwise expressly provided by this code or by any other law the time being in
force no court of session shall take cognizance of any offence as a court of original jurisdiction unless
the case has been committed to it by a Magistrate under this Code.
2011- Q.9 -As per section 197 - A of code of Criminal Procedure applicable in state of
Maharashtra, no court shall take cognizance of any offence against the commissioner or recover
appointed by a court under the Provisions of Code of Civil Procedure, except the previous
sanction of
Answer: (iv): The court which appointed Such person as commissioner or receiver as the case may
Explanation :
Section 197 -A of Code of criminal Procedure in Maharashtra State Amendment Maharashtra Act 60 of
1981, section 2 (w.l.1. 5° 10/1981) It express as,
Section 197- A : Prosecution of Commissioner or Receiver Appointed by Civil Court :
When any person who is a Commissioner or Reciver appointed by court under the provision of Code of
Civil Procedure 1908, is accused of any offence alleged to have been committed by him while acting or
purporting to act in the discharge of distinctions as Commissioner or Receiver no court shall take
cognizance of such offence except with the previous sanction of the court, which appointed such
person as commissioner or Reciver, as the case may be.
2016 (Q.-61): Court can take cognizance of offence of defamation.
Answer (ii) : upon a complaint made by a person aggrieved by the
Explanation:
Section 199 of Code of Criminal Procedure deals with e Prosecution for defamations.
2016 (Q-77): Which of the following is or are correct propositions ?In a part heard trial of a
criminal case:
(a) succeeding Magistrate cannot upon the evidence recorded by his predecessor.
b) Succeeding Magistrate cannot act upon the evidence recorded by his predecessor
c) Succeeding Magistrate cannot act upon such an evidence recorded by his predecessor only in
summary trial
Answer: (ii): (a) and (c) are correct
Explanation:
Section 326 of Code of Criminal Procedure deals with conviction or commitment on evidence party
recorded by one judge or magistrate and partly by another. It confers all provisions on it regarding
recording of evidence partly by Magistrate.
2017 (Q-42): The compounding of offence under Section 320 of Criminal Procedure Code before
framing of charge shall have effect of
Answer: (iv): An acquittal
Explanation :
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Section 320 of Code of Criminal Procedure deals with ' Compounding of offences clause (8) confers
Composition of an offence under this section shall have effect of an acquittal of the accused with whom
the offence has been compounded..
2017 (Q-86); If the accused is, by reason of a previous conviction liable, either to enhanced
punishment of a different kind, such offence.
Answer: (i): cannot be compounded.
Explanation:
- Section 320 of Code of Criminal Procedure deals with compounding of offences. It confers an, clause
(7) as, No offence shall be compounded if the accused is by reason of a previous conviction, liable
either enhanced punishment of a different kind for such offence.
2017 (Q-88): In a case of allegations of defamation of a person who is under the age of 18 years
or a lunatic Or is from sickness or infirmity, unable to make a complaint or a woman who as per
local custom ought not to be compelled to appear in public, a complaint can be filed by:
Answer: (ii): some other person with the leave the court
Explanation:
Section 199 of Code of Criminal Procedure deals with prosecution for defamation . Proviso of clause (i)
confers as question was framed.
2017 (Q-90): court can take cognizance of the offence under section 498 A of Indian Penal Code
even it the complaint is made by .
Answer: (i): The brother of aggrieved person.
Explanation:
Section 198 A of Code of Criminal Procedure deals with Prosecution of offenses under section 498-A of
the Indian Penal Code. It confers that No court shall take cognizance of as offence punishable under
section 498-A of the Indian Penal Code except upon a police report of facts which constitute such
offence or upon a complaint made by the person aggrieved by the offence or by her father, mother,
brother sister or by her father's or mother's brother or sister or with the leave of the court , by any
other person related to her by blood marriage or adoption.
2020 (Q.76) : Section 306 Tender of parden to accomplice applies to:
Answer : (iv): All of the above.
Explanation :
Section 306 of Code of Criminal Procedure deals with Tender of pardon to accomplice, clause (2)
confers that, This section applies to - (a) any offence triable exclusively by the court of session or by
the court of a special Judge appointed under the Criminal Law Amendment Act 1952 (46 of 1982). (b)
any offence punishable with imprisonment which may extend to seven years or with a more severe
sentence.
Chapter XII: Complaints to Magistrate
2016- Q.29- In case a complaint is made by a public servant in writing in discharge of his
official duties Answer: (ii): it is not necessary for the Magistrate to examine him or the witness.
Explanation :
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Section 200 of Code of Criminal Procedure deals with e Examination of complaint Proviso of the
Section expressly confer as,
“Provided that, when the complaint is made in writing the Magistrate need not examine the complaint
and the witness(a) is a public servant acting or purporting to act in the discharge of his official duties
or a court has made to the complaint.
2020 (Q-53): If the complaint is made to a Magistrate who is not competent to take cognizance
of the offence he shall
Answer: (ii): Retrun it for presentation to the proper court.
Explanation:
Section 201 of Code of Criminal procedure deals with Procedure by Magistrate not competent to take
cognizance of the case it confers that, if the complaint is made to a Magistrate who is not competent to take
cognizance of the offence, he shall –( ca) if the complaint is in writing return it for presentation to the proper
court with an endorsement to that effect:
Chapter XIII : Commencement of Proceedings Before Magistrates.
2010-Q.-66. In petty offences the accused may plead guilty
Answer: (iv) : above and also by transmitting plea through post or messenger.
Explanations:
section 206 of Code of Criminal Procedure deals with Special Summoned is cases of petty offence '
clause (1) express as in,
the opinion of Magistrate taking cognizance of petty offence, the case may summarily disposed
the Magistrate shall, except where he is, for reasons to be recorded in writing of contrary opinion ,
issue summoned to the accused requiring him either to appear in person or by pleader before the
Magistrate on a specified date or it he desires to plead guilty to the charge without appearing before
magistrate, to transmit before the specified date by post or by messenger to the Magistrate.
2012—Q-7. In private complaint case process can issued against an accused after
Answer: (ii): The Magistrate is of the opinion that there is sufficient ground to proceed with the case.
Explanation :
Section 204 of Code of Criminal Procedure deals with issue process Clause (1) confer that it in the
opinion of a Magistrate taking cognizance of an offence there is sufficient grounds, for proceeding and
the case appears to be. (a) summon case, he shall issue his summon for the attendance of the accused
or b) warrant case, he may issue a warrant or if he thing fit , a summons
Chapter XIV: The Charge.
2012- Q-8 . Any defect in charge
Answers : (iv) : can be cured by amending it with a direction of retrial if such amendment is causing
prejudice to the accused.
Explanation :
Section 216, of Code of Criminal Procedure deals with “court may alter charge’’ It Confer that Any
court may after or add to any charge at any time before judgment is pronounced

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clause (4) confers as if alteration or addition is such that proceeding immediately with the trial is likely
in the opinion of court, to prejudice the accused or prosecutor aforesaid, the court may either direct a
new trial or adjourn the trial for the period as necessary
2019( Q-16) In case of offences punishable under section 143, 147, 148 and 326 read with 149
of the Indian Penal Code, which of the following charges will be proper?
Answer: (iii) : 143, 147, 148 and 326 read with 149.
Explanation :
section 211 of Code of Criminal Procedure deals With contents of charge clause (4) confers that The
has law and section of the law against which the offence is shall mentioned said in to have been the
charge.
Chapter XVI : Trial of Warrant Cases by Magistrate.
2011- Q- 39 - Compensation for accusation without reasonable cause can be awarded by the
Magistrate
Answer: (ii): Under Section 250 of Cr.P.C
Explanation :
Section 250 of Code of Criminal Procedure deals with compensation for accusation without reasonable
reasonable cause? It confers that Magistrate may by this order of compensation to on acquittal or
discharge, if the person upon whose complaint or information the accusation was made in present to
show cause why he should not pay compensation to such accused or to each or any accessed.
Magistrate shall record and consider it be is satisfied that there was not reasonable ground for making
accusation and may make an order of compels compensation.
2019 - Q - 4 : As per section 239 of the Code of Criminal Procedure, Magistrate can consider,
(choose correct Option)
Answer: (i)): the charge-sheet and its accompanying documents only
Explanation :
Section 239 of Code of Criminal Procedure deals with When accused shall be discharged “ it confers
that, If upon considering the police report and the documents sent such examination Section 173 and
making such examination as magistrate think necessary and after giving opportunity to prosecution
and accused.
Chapter XVI Trials of summons - case by Magistrate.
2020 (Q -86): A magistrate of the First Class may for the reasons to be recorded by him, stop the
proceedings at to any stage :
Answer: (ii) : to any summons - case
Explanation :
Section 258 deal with power to stop proceedings in certain cases "It confers that, in any summons case
instituted otherwise than upon a complaint a Magistrate of the First Class or, with the previous
sanction of the chief Judicial Magistrate may for reason to be recorded by him, stop the Proceedings at
any stage without pronouncing any judgment.

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Chapter XVII A : Plea Bargaining

2010- Q.53- Whom of the following can move the court for plea bargaining ?
Answer: (ili): Only the accused.
Explanation :
section 265-A to 265-L of Code of Criminal Procedure deals with Plea Bargaining out of which section
265 - A opens with application of the chapter It confers that this chapter shall apply in respect of an
accused :
2012- Q- 10. . The Court of application for plea bargaining by the accused to satisfy itselt that it
is made voluntarily
Answer (ii) : Examines him in camera
Explanation:
section 265-B of Code of Criminal Procedure deals with, ‘Application for plea bargaining.’ Clause (4)
section 265-B. confers that when the public prosecutor or complainant of the case, as the case may be,
and the accused appear on the date fixed, the court shall examine accused in camera, where the other
party in case shall not be present to satisfy itself that the accused has filed the application voluntarily.
Chapter XVIII : Attendance of persons confined or detained in prisons
2009- Q- 65 - Prison includes
Answer: (iv): Any place which has been declared by the State Government, by general or special
order, to be subsidiary Jail and any reformatory borstal institution or other institution of a like nature.
Explanation : Section 266 (b) of Code of Criminal Procedure defines “Prision”
Chapter : XIX :Evidence in Inquires and Trials
2009-Q-7- A. Mode of taking and recording evident
What is the he procedure regarding demeanor witness ?
Answer: (iii): The court may record such remarks as it thinks material respecting the demeanor of
any witness while under examination
Explanation :
Section 280 of Code of Criminal Procedure deals with Remarks respecting demeanor of witness when a
presiding judge or Magistrate has recorded the evidence of a witness, he shall also record such
remarks (if any) as he thinks material respecting the demeanor of such witness Whilst under
examination.
Chapter XXIV: General Provisions as to Inquiries and Trials.
2011- Q.- 12 . Section 311-A of Code of Coiminal Procedure empowers the Magistrate of First
Class to.
Answer (iii) : Order person to give specimen Signatures:
Explanation:
- Section 311-A of Code of Criminal Procedure deals with Power of Magistrate to order person to give
specimen signatures or handwriting, magistrate of first class is satisfied that, for the purpose of any

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investigation the proceeding under this Code it is expedient to direct any person including accused
person to give specimen signature or handwriting he may make order to that effect.
2012-Q-9- statement of an accused is recorded
Answer: (ii): to enable him to explain circumstances appearing in the exidence against him.
Explanation:
Section 313(1) of Code of Criminal Procedure deals with power to examine the accused - Il confers
that, to every inquiry or trial for the purpose of enabling the accused personally to explain any
circumstances appearing is the evidence against him.
2014-Q.-16 - Offence under section 498 A of Indian Pend code is compoundable.
Answer (iv) None of the above.
Explanation : Section 320 of Code of Criminal Procedure deals with compounding of offences. under
clause (g) confers that No offence shall be compounded except as provided by this section and section
498. A is not listed under clause (i), (ii), (iii). Hence section 498 is not compoundable.
2014- Q-17- After the transfer of Magistrate trial of an offence under Section 138 of NI Act,
Answer : (i): It to be conducted afresh by the new Magistrate
Explanation :
Section 326 of Code of Criminal Procedure deals with Conviction or commitment on evidence party
recorded by one Judge or Magistrate and partly by another. It confers in clause (1)
Whenever any judge or magistrate after having heard and recorded the whole or any part of the
evidence or inquiry or a trial, cease to exercise jurisdiction there is and is succeeded by another Judge
or Magistrate
(4) Nothing in this section applies to summary trials.
2015-Q.7- Statement of the accused under Section 313 of the Code of Criminal Procedure is.
Answer (iv): not an evidence but can be considered by the court as a matter before it.
Explanation:
Section 313 of Code of Criminal Procedure deals with power to examine the accused clause (9) confers
that The answer given by the accused may be taken into consideration in such inquiry and trial

2015- Q-8- In camera proceeding means:

Answer: (iii)_ a proceeding during which public in general or particular is not allowed to watch.
Explanation:
section 327 of Code of Criminal Procedure deals with a court to be open court'. But proviso of clause
(1) confer as 'Provided that the presiding judge or Magistrate may, it thinks fit at any stage at inquiry
or trial of particular case that public generally, or any particular person shall not have access to or be
or remain in the room or building used by court such process said to be in camera proceeding

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2019 Q-17: As per the provisions of the Code of Criminal Procedure, which of the following
are acquittals ?
a) Disposal under section 256
b) Disposal under section 245 (2)
c) Disposal under section 203
d) Disposal under section 320
Answer: (iv) : a and d.
Explanation
Section 256 of Code of Criminal Procedure a deals with 'Non appearance or death of Complainant It
confers that, if summons has been issued on complaint and the day appointed for appearance of the
accused and any day hearing may adjourn, the complainant does not appear the Magistrate shall
notwithstanding anything here in before contained acquit the accused.
Section 320 of Code of Criminal Procedure deals about compounding of offences clause (8)
confers that, The composition of an offence under this section shall have the effect of an acquittal of the
accused with whom the offence has been compounded.

Chapter XXI : Provisions as to Accused Person of Unsound Mind.

2009-Q-83- What is the procedure to be adopted by a magistrate holding an enquiry in case be

finds that the person against whom the enquiry is being made is of unsound mind and
consequently incapable of making his defense?

Answer: (iv): Appoint guardian of such person of unsound mind.

Explanation:

Chapter XXII. The judgment

2011- Q-92- Which is the Section recently inserted Code of Criminal Procedure, Providing
Victim Compensation scheme.

Answer: (iii): Section 357-A.

Explanation:

Section 357A of Code of Criminal Procedure deals with Victim compensation scheme it was inserted by
Act of 2009

2017-Q-40 As per section 357of Criminal Procedure Code 1973, order to pay compensation can
be passed

Answer: (iv) : All of the above.

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Explanation :

Section 357 of Code of Criminal Procedure deals with order to pay compensation. It confers in clause
(1)when a court imposes a sentence of fine or on sentence (Including sentence of death) of which fine
forms a part, the court may, when passing judgment or order the whole or any part of the fine
recovered.

2019 Q-3): Magistrate convicted an accused for dishonor of chaque of Rs. 1,00,000. As per
Section 357 of the Code of Criminal Procedure be can Impose a fine of

Answer : (iii):Rs. 2,00,000' and out of it, Rs. 1,00,000, as compensation

Explanation:

Section 257 of Code of Criminal Procedure deals with order to pay compensation clause (1) confers
that when a court imposes the sentence of fine or a sentence including a sentence of death of which
fine former part, that the court may, when passing judgment order the whole or any part of the fine
recovered

2020 (Q-49): The Magistrate may award compensation to persons groundlessly arrested not
exceeding

Answer:(i): One thousand rupees.

Explanation

Section 358 of Code of Criminal Procedure deals with compensation to persons groundlessly arrested
It confers that, whenever any a person causes a police officer to arrest a another person, if it appears to
the Magistrate by whom the case is heard that there was no sufficient ground for causing such arrest
the Magistrate may award such compensation not exceeding one thound rupees to be paid by the
person so causing the arrest to the person so arrested for loss of time and expenses in matter as the
Magistrate thinks fit. clause (2) also confers that, in such cases, if that more person one are arrested
Magistrate may, like manner award to each of them such compensation not exceeding one thousand
Rupees, as such Magistrate thinks fit.

Chapter XXIII: Appeals

2014-Q-14. 11 court of IMEC has imposed sentence of fine of Rs 75 only, an appeal may lie with
the permission of

Answer : (iv) : None of the above

Explanation :

Section 376 of Code of Criminal Procedure deals with 'No appeal is petty cases It confer as

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Notwithstanding anything contained in section 374, there shall be no appeal by convicted person to
any of the following cases. sub clause (c) confers as where the Magistrate of first class passes only a
sentence of fine not exceeding one hundred rupees.

2015- Q.11 - From an order of an acquittal by the Magistrate in complaint case appeal lies with
the

Answer : (iii): High Court.

Explanation :

section 378 of code of Criminal Procedure deals with Appeal in case of acquittal' clause (4) confers
that, As against an order of acquittal passed by a Magistrate on a complaints appeal will lie only before
High Court

2019 (Q-5):A and B are on bail. The Magistrate has sentenced A to three years imprisonment
and B to a fine of Rs.10,000 with default imprisonment of one month. They intend to file appeal
and hence applied for bail. The Magistrate.

Answer: (iii): can suspend the sentence and grant bail to both

Explanation :

Section 389 of Code of Criminal Procedure deals with 'suspension of sentence pending the appeal,
release of appellant on bail. It confers that pending any appeal by a convicted person, the Appellate
court may for reasons to be recorded by it, in writting, order that the execution of the appealed against
to be suspended and also if he is in confinement, that he be released on bail or on his own bond.

Chapter XXIV : Execution, Suspension, Remission, and Commutation of Sentences

A. Death Sentences.

2019- Q.50- The Capital sentence on pregnant woman

Answer: (iv): if woman sentenced to death is found to be pregnant, the High court shall order the
execution of the sentence to be postponed, and may if it thinks fit, commute the sentence to
imprisonment for life.

Explanation :

Section 416 Code of Criminal Procedure deals with Postponement of capital sentence on pregnant
woman'. In some section there is amendment in Amendment Act 2008 with effect from 31/12/2009.

2014- Q.15- If woman sentenced to death is found pregnant the execution of sentence can be
postponed by

Answer: (iv): High Court

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Explanation :

Section 416 of Code of Criminal Procedure deals with Postponement of capital sentence on pregnant
woman' It confers as,

If a woman is sentenced to death is found to be pregnant, the High Court shall "Order the execution of
the sentence to be postponed, and may, if it thinks fit" commute the sentence to imprisonment for life

2009- Q.58- D- General Provision Regarding Execution

Every warrant for the execution of a sentence may be issued.

Answer : (iii): Either by Judge or Magistrate who passed the sentence, or by his successor in office

Explanation:

Section 425 of Code of Criminal Procedure deals with whom may issue warrant It confers as
mentioned partly in question party is answer .

2019 (Q-6): Set - off to a convicted person

Answer: (ii): applies to substantive sentence only.

Section 428 of Code of Criminal Procedure deals with period of detention undergone by the accused to
be set off against the sentence of Imprisonment. It confers that where accused person has on
conviction, been sentenced to imprisonment for a term, the period of detention undergone by him
during the investigation inquiry or trial of the same case and before the date of conviction

Chapter : XXV : Provisions as to Bail and Bonds

2009- Q.61- Every person standing surety to an accused person for his release on bail:

Answer: (i): shall give a declaration regarding his name, residential address, occupation, monthly
income etc.

Explanation:

Section 441A code of Criminal Procedure deals with ' Declaration of sureties. It confers as Every
person standing Surety to on accused person for his release on bail Shall make declaration before court
auto the number of persons to whom he has stood surety including the accused given there is all the
relevant particulars.

2009-Q.84- When the person required by any court, or officer to execute a bond is a minor such
court or officer.

Answer: (i): May accept bond from guardian of a minor.

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Explanation : Section 448 of Code of Criminal Procedure deals with Bond required from minor “it
confers that when the person required by any court or officer to execute a bond is a minor such court
or officer may accept in lieu thereof a bond executed by surety or sureties only.

2009-Q-99 If through mistake, fraud or otherwise, insufficient sureties have been accepted or if
they afterwards becomes insufficient the court;

Answer: (iii) : may issue warrant of arrest directing that the person released on bail be brought
before it and may order him to find sufficient Sureties, and on his failing so to do, may commit him to
jail

Explanation:

Section 446 of Code of Criminal Procedure - deals with Procedure when bond has been forfeited for
that is Delhi high court in "Mani Shandly and another versus The state and another held in nature.

2010- Q-82- A person required to execute a bond with or without Surety can deposit a sum of
money in lieu of executing bond.

Answer : (ii): on the permission of the concerned authority

Explanation :

Section 445 of Code of Criminal Procedure deals with 'Deposit instead of recognizance.' It confers that
when any person is required by any court or officer to execute a bond with or without sureties, such
court, or officer may except in case of bond for good behavior, permit him to deposit a sum of money
or government promissory notes to such amount as the court of officer may fix in lieu of executing
such bond.

2015- Q-13- In bail able offence the accused can claim his release on bail

Answer (iii): as a matter of right

Explanation

Section 436 of Code of Criminal procedure deals with what case bail to be takes It confers that any
person appear or brought before Magistrate in relation to commission of bailable offence Magistrate
Shall release him on bail

Chapter XXVI : Disposal of Property

2011-Q.82- Order of disposal of property at conclusion of trial is passed under

Answer: (ii) Section 452 of Cr.PC.

Explanation : Section 452 of Code of criminal Procedure deals with order for disposal of stolen
property at contusion of trail

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2014- Q12- Stolen properly seized by police can be return by

Answer: (i) : Police officer who had seized it.

Explanation :

As per Section 457 of code of Criminal Procedure deals with e procedure by police upon seizure of
property. It confers in clause (1) whenever the seizure of Property by any police officer is reported to a
magistrate under the provision of this code and such properly is not produced Before a criminal court
during an inquiry or trial the magistrate may make such order as the thinks. fit respecting disposal of
properly or delivery of such property to the person entitled the possession there of, or such person
cannot be ascertained respecting the whole and production of Such property

Chapter XXVII: IRREGULAR PROCEEDINGS. DATE

2016(Q-67): Which of the following Irregularities vitiate the proceedings ?

a) magistrate though not empowered, tender pardon"U/S. 306 Cri Pro Code in good faith

b) Magistrate not empowered. makes over case to other magistrate.

c) Magistrate not empowered, tried the offence summarily.

d) Magistrate through not competent, decides on appeal.

Answer: (iii): (C) and (d).

Explanation

Section 461 of Code of Criminal Procedure deals with Irregularities which vitiate proceedings Option
are clause (o) and section 461 of code of Criminal procedure.

2020 (Q - 15); Irregularities which vitiate proceedings

Answer: (iv): None of the above.

Explanation:

Section 461 of Code of Criminal Procedure deals with ' Irregularities which vitiate proceedings and all
option that option

are not part of section 461, but it is part of section 460 that is Irregularities which do not vitiate
proceedings clause (f)(g) (i) are options (1)(2)(3) of question respectively

Chapter XXVIII : Limitation for Taking of Cognizance of offence

2011- Q-52- he period of limitation shall be six months for taking cognizance of the offence if
the said offence is

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Answer: (i): Punishable with Fine only.

Explanation

Section 468 of Code of Criminal Procedure deals with ' Bar to taking cognizance after the lapse of the
period of limitation It confers as (1) Except as otherwise provided elsewhere in this Code, no court
shall take cognizance of an offence of the category specified is subsection (2) after the expiry of the
period of limitation (2) The period of' limitation shall be (a) six months, if offence is punishable with
fine only,

2014- Q.11- In an offence of Criminal breach of trust by Public servant period limitation for
taking cognizance can be condoned by

Answer : iv: None of the above

Explanation:

Section 468 of Code of Criminal Procedure deals with 'Bar to taking Cognizant after lapse of period of
limitation - It confers that Except as otherwise provided elsewhere this Code no court shall take
cognizance on offence of the category specified subsection (2) after the expired the period of
limitation.

2015-Q.12. Period of limitation for taking cognizance, if on offence is punishable with Fine only,
is

Answer : (ii) : six months

Explanation :

section 468 of Code of Criminal Procedure deals with Bar to taking cognizance after lapse of period of
limitation clause (2)(a) confers as

The period of limitation shall be (a) six months, if the offence is punishable with fine only

2016 (Q-84): What is period of limitation for taking Cognizance of the offences u/s.326 of I.P.
code?

Answer: (iv): No period is prescribed

Explanation :

Section 468 of Code of Criminal Procedure deals with Bar to taking cognizance after lapse of the period
of limitation clause (3) express it in detail.

2017 (Q-39). For oftener punishable with fine only the period of limitation for taking
Cognizance is

Answer: (ii): Six months.

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Explanation

Section 468 of Code of Criminal Procedure deals with Bar to taking cognizance after lapse of the period
of Limitation:' it provided No court shall take cognizance of offence of the Category specified is
subsection (2)after expiry the period of Limitation

(2) The period of Limitation shall be

(a) Six months at the offence is punishable with fine only.

2017 (Q- 43): For the purpose of period of Limitation U/s. 468 of Code of Criminal Procedure
the period of limitation in relation to the offences which are tried together shall be determined
with relevance to

Answer: (ii): (1) and (2) both.

Explanation

Section 468 of Code of Criminal Procedure deals with Bar to taking Cognizance after lapse of the period
of limitation" clause (3) confers that for the purposes of this section the period of limitation in relation
to offences which may be tried together, shall be determined with reference to the offence which is
punishable with the more severe punishment or, as the case may be the most severe punishment.

2019 (Q-2): The period of limitation for taking cognizance of an oftener punishable with
imprisonment of one year is

Answer: (ii): one year

Explanation

Section 468 of Code of Criminal Procedure deals with Bar to taking cognizanance after lapse of the
period of limitation. It confers that No court shall that cognizance of an offence of after the expiry of
the period of limitation The period of' limitation shall be one year, if the offence is punishable with
imprisonment for a term not exceeding one year

Chapter XXIX : MISCELLANEOUS,

2016 (Q-90):Which of the following courts have has got inherent powers to make orders in
Criminal proceedings to prevent abuse of process or to secure ends of justice ?

Answer: (ii): High court

Explanation

Section 482 of Code of Criminal Procedure deals with saving of inerrant powers of High Court It confer
as, Nothing is this code shall be deems to limit or affect the inherent powers of High Court to make

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such orders as may be necessary to give effect to any orders under this Code, or to prevent abuse of the
process of any court or otherwise to secure the end of justice.

2019 (Q-99): Out of the following statements which one is incorrect?

Answer : (iv): warrant case procedure shall be followed while trying warrant-case in a summary way.

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