Code of Criminal Procedure Questions and Answers Part-6

1. Section 162 of the Code of Criminal Procedure, 1973 is for the protection of
a) Accused
b) Witnesses
c) Police officer
d) Magistrate

Answer: a

2. The protection under section 162 of the Code of Criminal Procedure, 1973 is
a) Available in Civil Proceedings
b) Available for proceedings under Article 32 and/or 226 of the Constitution
c) Not Available in rape cases
d) Only available in Criminal enquiry or trial in respect of the offence under investigation

Answer: d

3. Under the provisions of Code of Criminal Procedure, 1973, confessions-
a) Can only be made to the authorised persons
b) Only the Magistrate enjoys the power of recording confessions
c) Made to the Police Officer are valid
d) Made by the accuse while in police custody to a police officer is valid

Answer: b

4. Under section 164 of the Code of Criminal Procedure, 1973 –
a) Only the statement of a person produced by the police or investigations agencies can be recorded
b) Statement of the person approaching the Magistrate independently can be recorded
c) The statement made need not be voluntary
d) The police officer is authorised to record the statement

Answer: a

5. Which of the following statements does NOT hold true for the confessions made to the Magistrate under the provisions of the Code of Criminal Procedure, 1973?
a) It is the duty of the Magistrate to exclude the presence of the police officer from the place where the confession is recorded
b) It is obligatory for the Magistrate to warn the accused, before recording his confession that he is not bound to make it and that if he does so, it may be used as evidence against him
c) The accused should be sent back to police custody as soon as the confession is recorded
d) It is necessary for the confession to be signed by the accused

Answer: c

6. Which of the following confessions is admissible under the provisions of the Code of Criminal Procedure, 1973?
a) Magistrate while recording a confession did not specifically tell the accused that he was a Magistrate
b) Magistrate recorded the confession of the accused but did not get it signed by the accused
c) Investigating officer took the accused from the jail to the Magistrate, set with him while the confession was being made and brought the accused back to the jail
d) The Magistrate recorded the confession of the accused, but forgot to certify that the confession was taken voluntarily

Answer: d

7. Which of the following statements hold true for the Magistrate’s power to send an accused to remand under section 167 of the Code of Criminal Procedure, 1973?
a) If the investigation is not completed within 60 days he has to be released on bail
b) The maximum period of remand in police custody cannot exceed 15 days, after that only sending to judicial custody is possible
c) The maximum period of remand in judicial custody cannot exceed 15 days, after that only sending to police custody is possible
d) If the investigation is not completed within maximum period of 90 days the accused have to be released

Answer: b

8. Which of the following statements is NOT true under the provisions of section 167 of the Code of Criminal Procedure, 1973?
a) The provision for release in mandatory in the sense that the accused shall have to be released on bail
b) Magistrate has the power to remand accused (terrorists) to army custody for investigation
c) The order under this section is a judicial order
d) On the expiry of sixty days from the date of the arrest of the accused, the further detention does not ipso facto become illegal

Answer: b

9. Which of the following is true of Section 31 Cr. P.C.?
a) it relates to the quantum of the punishment that the Court has jurisdiction to pass where the accused is convicted of two or more offences at one trial
b) it is rule of the procedural law
c) either (A) or (B)
d) both (a) & (c)

Answer: d

10.Which of the following statements in NOT true regarding the charge sheet made under the provisions of the Code of Criminal Procedure, 1973?
a) In case of offence of a rape of a child the charge sheet must be submitted within three months of the FIR
b) After submission of the charge sheet there cannot be any further investigation into the case by police
c) The right to be released on bail is lost once the charge-sheet is filed
d) Charge sheet against absconding accused can be filed even if the accused is not arrested

Answer: b