Code of Criminal Procedure Questions and Answers Part-7

1. The term “taking cognizance” under the provisions of Code of Criminal Procedure, 1973 means-
a) Starting a trial
b) Completing preliminary requirements for starting a Criminal trial
c) Taking notice of the matter judicially
d) An administrative action to decide if criminal trial is required

Answer: c

2. Under the provisions of Code of Criminal Procedure, 1973 for taking cognizance of an offence-
a) Judicial application of mind by the Magistrate is not needed
b) It is not open to the court to analyse the evidence produced
c) Is an area exclusively within the domain of the Magistrate and the Officer-incharge of the case
d) The offence must be committed within the territorial jurisdiction of a first class judicial Magistrate

Answer: b

3. Under the provisions of the Code of Criminal Procedure, 1973 cognizance can be taken of –
I. Offence
II. Accused
III.Witnesses
IV. Offenders
a) Only I
b) I and III
c) I and II
d) I and IV

Answer: a

4. In which of the following cases will the provisions of section 197 of the Code of Criminal Procedure, 1973 apply?
a) A Magistrate writing a letter to the District Judge that an advocate is “rowdy”, “a big gambler”, “a mischievous element”.
b) Block Development Officer lodging a FIR against the Sarpanch and Secretary of a Gram Panchayat under section 409 and 34 of the IPC
c) A complaint against the personnel at the BSF alleging that illegal gratification of Rs 10,000 was demanded from the complainant and, on his refusal to pay, his shop was ransacked and goods taken away
d) A Judge charged with using defamatory language to a witness during a trial of a suit

Answer: d

5. Which of the following requirements need NOT be followed under section 200 of the Code of Criminal Procedure, 1973?
a) The complainant must be examined
b) Examination of the complainant must be under oath
c) The accused must be given an opportunity to be heard
d) The examination of the complainant must be reduced to writing

Answer: c

6. Under the provisions of section 202 of the Code of Criminal Procedure, 1973 the Magistrate cannot-
a) Conduct the inquiry himself
b) Ask the police officer to conduct an investigation
c) Ask a person who is not a police officer to conduct an investigation
d) Use judicial discretion

Answer: d

7. The Magistrate under the provisions of section 203 of the Code of Criminal Procedure, 1973 can dismiss a complaint-
a) Even if the proceedings against the accused have commenced
b) Even if there is sufficient ground for proceeding
c) Even if enquiry under section 202 of the CrPC is not done
d) Even if the complainant is not examined

Answer: c

8. Which of the following statements hold true for plea of guilty under the provisions of the Code of Criminal Procedure, 1973?
a) The plea of “not guilty” is not recognised by CrPC
b) Pleader can make plea of guilty on behalf of the accused
c) The admission made by the accused is binding on him
d) Plea of Guilty to a capital charge is inadmissible

Answer: a

9. Under section 239 and 240 of the Code of Criminal Procedure, 1973
I. Reasons must be given if the accused is discharged
II. Reasons must be given if the charges are framed against him
III. Hearing includes hearing of evidence if needed
a) I and II
b) I and III
c) II and III
d) Only III

Answer: b

10. Under section 243 of the Code of Criminal Procedure, 1973-
a) A magistrate cannot issue summons to the complainant for being examined as a witness of the accused
b) The Court cannot ask the accuse to deposit expenses which might be incurred by the witness
c) At the instance of the accused the complainant can be re-summoned
d) All of the above

Answer: a