Code of Criminal Procedure Questions and Answers Part-9

1. Who amongst the following is not competent under section 92 of Cr PC to order the postal or telegraph authority to deliver the document(s)/thing:
a) District Magistrate
b) Judicial Magistrate
c) Metropolitan Magistrate
d) none of the above.

Answer: b

2. The word ‘inspection’ used in section 93(1) (c), Cr PC refers to:
a) things or documents
b) locality & place
c) both (a) & (b)
d) either (a) or (b).

Answer: b

3. A search warrant can be issued in respect of a place:
a) used for deposit & sale of stolen property
b) used for deposit, sale & production of counterfeit coin, currency notes & stamps
c) used for deposit, sale & production of forged documents & false seals
d) all the above.

Answer: d

4.Under section 95 of Cr PC certain publications can be forfeited and search warrant can be issued for the same. In this context, the propositions are:
A. A newspaper cannot be forfeited & search warrant cannot be issued for the same as it would be violative of the fundamental right of speech & expression and involves the fourth estate.
B. A book can be forfeited & search warrant can be issued for the same.
C. A document can be forfeited & search warrant can be issued for the same.
Which of the following is correct:
a) A & B are correct
b) A & c are correct
c) B & C are correct
d) A, B & C all are correct.

Answer: c

5. Section 87 of Cr PC authorises issuance of warrant:
a) in lieu of summon
b) in addition to summons
c) both (a) & (b)
d) none of the above.

Answer: c

6. A declaration of forfeiture under section 95 of Cr PC can be set aside by:
a) Magistrate issuing the search warrant
b) Chief Judicial Magistrate/Chief Metropolitan Magistrate
c) Court of Sessions
d) High court

Answer: d

7. The period of limitation for an application to set aside the declaration of forfeiture has been provided:
(a) under section 95 of Cr PC
(b) under section 96 of Cr PC
(c) under section 97 of Cr PC
(d) under section 98 of Cr PC.
And the same is:
a) one month from the date of publication of declaration
b) Two month from the date of publication of declaration
c) three month from the date of publication of declaration
d) six month from the date of publication of declaration

Answer: b

8. During investigation a search can be conducted without warrant by:
a) any police officer
b) the investigating officer
c) both (a) & (b)
d) either (a) or (b).

Answer: b

9. Search without warrant can be conducted under section 103 of Cr PC:
a) in the presence of the Magistrate who is competent to issue search warrant in respect of any place
b) in the presence of the Magistrate who is not competent to issue search warrant in respect of any place
c) both (a) & (b)
d) neither (a) nor (b).

Answer: a

10. Search warrant in respect of a place:
a) includes search of a person present in or about that place
b) does not include search of a person in or about that place
c) includes search of a person in or about that place only if such person is suspected of concealing about his person any article for which search is being made
d) none of the above.

Answer: c