Code of Criminal Procedure Questions and Answers Part-10

1. Joining of two or more independent and respectable inhabitants of the locality in which the place is to be searched is the mandate under:
a) section 100(1) of Cr PC.
b) section 100(2) of Cr PC.
c) section 100(3) of Cr PC.
d) section 100(4) of Cr PC.

Answer: d

2. Where a Magistrate, not empowered by law to issue a search warrant for a place suspected to contain stolen property, erroneously issues a search warrant:
a) the search proceedings shall be void & liable to be set aside
b) the search proceedings shall not be void & not liable to be set aside
c) the search proceedings shall be set aside only if challenged by any person aggrieved by the search
d) either (a) or (c).

Answer: d

3. Section 93(3) of Cr PC provides that ho Magistrate other than a District Magistrate or Chief Judicial Magistrate shall issue warrant of search for a document, parcel or other thing in the custody of postal & telegraph authority. If any Magistrate not so specified issues such a warrant:
a) the search proceedings shall be void
b) the search proceedings shall be voidable if challenged, at the instance of person aggrieved
c) shall remain valid
d) none of the above.

Answer: a

4. In a non-cognizable case, when a Magistrate orders the police to investigate, in that it will be at par with the cognizable offence case and the police will have all the powers in respect of investigation:
a) including the power to arrest without warrant
b) except the power to arrest without warrant
c) both are correct depending on the circumstances
d) none of the above

Answer: b

5. Sections 39 & 40 of Cr PC make it mandatory to give information regarding commission of certain offences. Such information can be given to:
a) a Magistrate
b) a police officer
c) either to a Magistrate or to a police officer
d) the Magistrate & the police officer both simultaneously.

Answer: c

6. When the police register a case regarding commission of a cognizable offence, the registration of the case is under:
a) section 154 of Cr PC
b) section 155 of Cr PC
c) section 156(3) of Cr PC
d) section 190 of Cr PC

Answer: a

7. Usually a copy of F.I.R. is filed with the Magistrate having jurisdiction to take cognizance, by the police officer in compliance to:
a) section 156 of Cr PC
b) section 157 of Cr PC
c) section 158 of Cr PC
d section 159 of Cr PC

Answer: b

8. Delay in despatching the FIR to the Magistrate under section 157 of Cr PC:
a) shall always throw out the prosecution case in its entirety
b) shall never be a circumstance providing a legitimate basis for suspecting the FIR
c) may or may not be a circumstance providing a legitimate basis for suspecting the FIR depending on the facts and circumstance brought on record
d) either (b) or (c).

Answer: c

9. Where the FIR discloses, prima facie, commission of a cognizable offence, and there is a delay in sending the FIR to the Magistrate, under section 157 of Cr PC:
a) the investigation must go on
b) the Magistrate can order for stopping of investigation on account of delay in sending the FIR
c) the Magistrate can order for stopping of investigation irrespective of the delay in sending the FIR
d) the Magistrate can order for stopping of investigation generally

Answer: a

10. The investigating police officer in a case has power to require attendance of a person acquainted with the facts and circumstances of the case, under:
a) section 158 of Cr PC
b) section 159 of Cr PC
c) section 160 of Cr PC
d) section 161 of Cr PC

Answer: c