Code of Criminal Procedure Questions and Answers Part-11

1. The power to direct investigation under section 156(3) of Cr PC can be exercised by:
a) a Magistrate
b) a Session Judge
c) both (a) and (b)
d) either (a) or (b).

Answer: a

2. Section 156(2) of Cr PC takes care and cures:
a) any irregularity in the conducting of investigation by the police officer
b) any illegality in the conducting of investigation by the police officer
c) both (a) and (b)
d) only (a) and not (b).

Answer: c

3. Under section 159 of Cr PC, a preliminary inquiry into the commission of offence can be conducted:
a) by the Magistrate having jurisdiction to take cognizance
b) by any Magistrate subordinate to the Magistrate having jurisdiction, under the orders of such Magistrate
c) by the police
d) only (a) & (b).

Answer: d

4. The powers under section 159 of Cr PC can be exercised by the Magistrate:
a) when the police is still investigating the case
b) when the police decides not to investigate the case
c) when the police has filed the report under section 173 of Cr PC
d) all the above

Answer: b

5. The power to require attendance of a person acquainted with the facts and circumstances of the case under section 160 of Cr PC requires:
a) notice by telephone
b) notice in writing
c) either (a) or (b)
d) both (a) and (b).

Answer: b

6. The investigating officer under section 160 of Cr PC cannot require the attendance at a place other than the place of residence, of:
a) a male who is under the age of 18 years
b) a male who is under the age of 16 years
c) a women
d) either (a) or (b) or (c).

Answer: c

7. The investigating officer under section 160 of Cr PC cannot require the attendance of a male, at a place other than the place of his residence, who is:
a) under the age of 15 years
b) under the age of 16 years
c) under the age of 18 years
d) under the age of 21 years

Answer: a

8. A trial on a police report initiated by the breach of the mandatory provision relating to investigation:
a) is vitiated and liable to be set aside
b) is not vitiated and cannot be set aside unless the illegality in the investigation can be shown to have brought about a miscarriage of justice
c) is not vitiated and cannot be set aside at all
d) either (b) or (c).

Answer: b

9. The propositions are:
I. Delay in despatch of the FIR is not a circumstance which can throw out the prosecution case in its entirety.
II. Delay in despatch of the FIR is a circumstance which can throw out the prosecution case in its entirety.
III. The extra-ordinary delay in sending the FIR is a circumstance which provides a legitimate basis for suspecting that the FIR was recorded much later than the stateddate and hour, affording sufficient time to the prosecution to introduce improvements.
Which of the following is correct in respect of the aforesaid proposition:
a) I is true, II & III are false
b) I & III are true, II is false
c) II & III are true, I is false
d) III is true, I & II are false.

Answer: b

10. Section 159 of Cr PC empowers the Magistrate:
a) to restrain police investigation and order magisterial inquiry when the investigation of a cognizable offence by the police is already in process
b) to order magisterial inquiry into a cognizable offence only in those cases in which the police decides not to investigate the case
c) to order magisterial inquiry into a cognizable offence where the investigation by the police is already in process
d) either (a) or (b) or (c)

Answer: b