Code of Criminal Procedure Questions and Answers Part-18

1. 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

2. 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

3. Section 133 to Section 143 of Cr PC deals with:
a) dispute cases as to immovable property
b) unlawful assemblies
c) Public nuisances
d) Private nuisance

Answer: c

4. Under section 128 of Cr PC, 1973 deal with:
a) maintenance procedure
b) order of maintenance
c) alteration in allowance
d) Execution of order of maintenance

Answer: d

5. 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) to maintain law and order

Answer: d

6. According to sec 156(3) of Cr. P.C. , 1973 the power to direct the investigation can be exercised by:
a) a Magistrate Court
b) Session Court
c) High Court
d) Supreme court

Answer: a

7. According to which section of the Code of Criminal Procedure, 1973 an arrest can be made by a Magistrate also?
a) Session 41
b) Session 42
c) Session 43
d) Session 44

Answer: d

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) is vitiated as per jurisdiction

Answer: d

9. 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) to order as per the police summary report

Answer: b

10. By virtue of the decision given by supreme court in Maha Singh vs State ( AIR 1976 SC 449 ), arrangement of raids is the part of :
a) direct-investigation by the police
b) depute any Magistrate subordinate to him to hold a preliminary inquiry
c) is a part of search
d) is part of proclamation and attachment

Answer: a