Code of Criminal Procedure Questions and Answers Part-8

1. Under the provisions of the Code of Criminal Procedure, 1973 normally a person cannot be discharged unless the prosecution evidence has been taken and the Magistrate considers for the reasons to be recorded that no case is made out against the accused. Which of the following section contains exception to this rule?
a) 239
b) 245
c) 248
d) 203

Answer: b

2. Which of the following statements does NOT hold true under section 246 of the Code of Criminal Procedure, 1973?
a) The Magistrate can exercise his discretion to allow cross examination or not
b) The accused cannot cross examine the witness for the prosecution before the charges are made
c) If the accused pleads guilty, Magistrate is bound to record the plea
d) If the accused pleads guilty, Magistrate is not bound to convict him

Answer: b

3. Which of the following statements hold true under section 248 of the Code of Criminal Procedure, 1973-
a) The magistrate does not have power to discharge the accused
b) This section will apply when some evidence has been let in and such evidence is not satisfactory
c) This section does not apply in case the prosecution cannot produce any evidence
d) The Magistrate does not have power to pass sentence on the accused

Answer: b

4. Discharge of the accused under section 249 of the Code of Criminal Procedure, 1973-
a) Is considered to be acquittal for the purpose of section 300 of CrPC
b) Is based on the merits of the case
c) Acts as a bar on filing second complaint
d) Need not be done in case the complainant dies

Answer: d

5. The order for compensation under section 250 of the Code of Criminal Procedure, 1973 can be made-
a) In cases where the offences are compounded
b) Where discharge or acquittal is not made
c) By the Magistrate only where the offence charged is triable by him
d) By the successor in office

Answer: c

6. An order under____________ of the Code of Criminal Procedure, 1973 acts as a bar under section 300 of the Code to the trial of the accused for the same offence.
a) Section 256
b) Section 203
c) Section 227
d) Section 239

Answer: a

7. The Magistrate at his discretion can allow the complainant to withdraw the complaint and acquit the accused in case of –
a) Warrant case
b) Summons case
c) both A and B
d) neither A nor B

Answer: b

8. In which of the following cases was it held that the defect resulting from non-compliance of section 275 of the Code of Criminal Procedure, 1973 in the absence of actual or possible failure of justice is curable under section 464 and 465 of the CrPC?
a) Nain Singh v. Nain Singh
b) Ram Dyal v. Municipal Corporation of Delhi
c) Abdul Rahaman v. Emperor
d) Ranjeet Singh v. State of UP

Answer: c

9. For the application of section 300 of the Code of Criminal Procedure, 1973 it is not necessary-
a) That there must have been a previous trial of the accused
b) For the accused to be acquitted in the previous trial
c) For the previous proceedings to have been for an offence
d) For the second trial to be for the same offence

Answer: b

10. An advocate who is accused-
I. Of a criminal offence is entitled to conduct his own defence
II. Of a criminal offence is not entitled to conduct his own defence
III. With others of a criminal offence is not entitled to appear at the trial as counsel for his co-accused
IV. With others of a criminal offence is entitled to appear at the trial as counsel for his co-accused
a) I and III
b) I and IV
c) II and III
d) II and IV

Answer: a