Daily Judiciary Mcq - Pyq Series: Judiciary Special

Q1. Which of the following Criminal Minor Acts was amended by the Criminal Law (Amendment) Act, 2013?

(a) The Immoral Traffic Act

(b) The Juvenile Justice (Care and Protection of Children) Act, 2000

(c) The Protection of Children from Sexual Offences Act, 2012

(d) Criminal Procedure Code

Ans: (c)

Explanation: 

The Criminal Law Amendment) Act, 2013 provides for amendment of the Indian Penal Code, Indian Evidence Act, Code of Criminal Procedure, 1973, and Protection of Children from Sexual Offences Act, 2012. 

The Protection of Children from Sexual Offences Act, 2012 was passed on 19th June 2012. Notification for its enforcement was issued on 9th November 2012 and finally, it came into force on 14th November 2012.

Code of Criminal Procedure (Amendment) Act 2013 came after the recommendations of the Justice J.S. Verma Committee. It came into force on 2nd April 2013. It substituted Section 42 with a new section and added Section 42 A.

Apart from 2013, POCSO was amended in 2019 by the Code of Criminal Procedure (Amendment) Act 2019 which enhanced the rights of a victim. It came into force on 1st August 2019. 

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Q2. Who prepares a panel of names for the appointment of public prosecutors in the district?

(a) District Magistrate only

(b) Session Judge only

(c) District Magistrate in consultation with the Session Judge.

(d) State Government

Ans.: (c)

Explanation: 

Section 24(4) of Cr.P.C., 1973. 

The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel [u/s 24 (4)] of names of persons, who are, in his opinion, fit to be appointed as Public Prosecutors or Additional Public Prosecutors for the district. 

If a person’s name is not on the panel, he shall not be eligible to be appointed as a Public Prosecutor or Additional Public Prosecutor [s. 24(5)]

For every district, the State Government shall appoint a Public Prosecutor. It may also appoint one or more Additional Public Prosecutors. On the other hand, the Central Government may also appoint one or more Public Prosecutors in any district or local area.

Eligibility for appointment as PP or Additional PP: At least 7 years of practice as an advocate.

Eligibility for appointment as Special PP: At least 10 years of practice as an advocate. 

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Q3. 'A Legal Remembrancer cannot be made ex-officio public prosecutor.' This was held in:

(a) State of Kerala vs. Karveettil Krishnan

(b) V. Ramachandra vs. M.C. Jagadhodhara

(c) Vijay vs. State of Maharashtra

(d) None of the above

Ans.: (d)

Explanation: 

It was held that A Legal Remembrancer cannot be made ex-officio public prosecutor' In V.K. Godhwani And Anr. vs. State And Anr, AIR 1965 Cal 79.

A Legal Remembrancer advises the State Government on Legal matters, interprets legislative enactments, statutes, and rules, etc.

In the case of V. Ramachandra v. M.C. Jagadhodhara Gupta, the Andhra Pradesh High Court enlisted the qualities that must characterize a prosecutor.

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Q4. Section 25(1A) of the Criminal Procedure Code has been inserted by which amendment?

(a) Act No. 05 of 1978, Section 3

(b) Act No. 45 of 1978, Section 9

(c) Act No. 25 of 2005, Section 4

(d) Act No. 5 of 2009, Section 3

Ans.: (b)

Explanation:

Act No. 45 of 1978, Section 9 (w.e.f. 18-12-1978)

25 (1A) gives the authority to the Central government that it may appoint one or more Assistant Public Prosecutors in the Court of Magistrates.

Assistant Public Prosecutors shall be appointed by the State Government u/s 25 CrPC.

If an APP is not present for a particular case, u/s 25 (3) District Magistrate may appoint any other person (except the police officer who was a part of the investigation or below the rank of inspector) as APP for that particular case. 

Section 25A provides for the Directorate of Prosecution. The Head of the Directorate of Prosecution acts as the Director of Prosecution and functions under the administrative control of the Head of the Home Department in the State

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Q5. If an accused at one trial is convicted of and punished with imprisonments in two offences under section 31 of the Code of Criminal Procedure, 1973, the imprisonments in the absence of any specific direction of the court, will run:-

(a) Consecutively

(b) Concurrently

(c) Consecutively as per direction of Jail Authorities.

(d) Concurrent as per direction of Jail Authorities.

(e) None of these

Ans.: (a)

Explanation: 

As per Section 31 of the Cr.P.C., 1973, if an accused has been punished for two/more offences in one trial, the imprisonment in the absence of any specific direction of the court will run one after the expiration of the other (consecutively) unless the Court directs that such punishment shall run concurrently.

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Q6. Where a person is convicted of an offence which provides for imprisonment & fine then in default of payment of fine, the maximum further imprisonment that can be awarded by a court is:

(a) 1/4 of the maximum sentence for the offence

(b) 1/2 of the maximum sentence for offence

(c) 3 months

(d) None of the above

Ans.: (a)

Explanation:

Section 30 of CrPC, 1973, provides that in case the accused defaults in payment of the fine then he shall be ordered to undergo imprisonment for a further term equivalent to one-fourth of the term of the imprisonment which the Magistrate is competent to inflict but not in excess of the power of the Magistrate under Section 29 and (u/s 30(2)) the punishment to be in addition to the substantive sentence imposed.

Section 63 of the IPC states that where no amount is expressed as to which the fine may extend then the amount of fine to which the offender is liable to pay is unlimited but it should not be in excess.

Power of Magistrates to pass sentence u/s 29-

Chief Judicial Magistrate/ Chief Metropolitan Magistrate: Max term of 7 years – any amount of fine

Judicial Magistrate 1st Class/ Metropolitan Magistrate: Max term of 3 years – Max fine 10k rupees

Judicial Magistrate 2nd Class: Max term of 1 year – Max fine 5k rupees

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Q7. In the case of consecutive sentences the maximum aggregate punishment that may be imposed by a Judicial First Class Magistrate

is:

(a) 3 years

(b) 6 years

(c) 7 years

(d) 14 years

Ans.: (b)

Explanation:

Section 31(2) of CrPC, 1973, in the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court: Provided that: 

(a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen years;

(b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence - As JMFC can pass a maximum sentence of 3 years under section 29, in case of consecutive sentences, the maximum aggregate punishment cannot exceed 6 years.

If the Magistrate is of the opinion that he cannot pass a sufficiently severe sentence in a particular case, he may record such opinion and then forward the accused to the Chief Judicial Magistrate as given u/s 325

u/s 31 (3) If a convicted person wishes to go for an appeal, the aggregate of the consecutive sentences passed against him shall be deemed to be a single sentence.

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Q8. Save in exceptional circumstances no woman shall be arrested after Sunset and before Sunrise, and where such exceptional circumstances to arrest exist, the woman police officer shall obtain the prior permission of the following:

(a) District Magistrate

(b) Superintendent of Police

(c) Judicial Magistrate of the First Class

(d) Sessions Judge

Ans.: (c)

Explanation:

Provisions for Arrest are given under Chapter 5 of CrPC (s. 41- 60 A)

Section 46(4) of CrPC, 1973, specifically provides that woman Police Officer shall obtain the prior permission of the Judicial Magistrate of first class within whose local Jurisdiction the offence is committed or arrest is made.

This subsection was inserted by section 6 of the Code of Criminal Procedure Amendment Act, 2005. Amendment Act of 2005 came into force on 23. 06. 2006.

Proviso to section 46 (1) states that where a woman is to be arrested as a general rule, her submission to custody on an oral intimation of arrest shall be presumed and the police officer shall not touch the person of the woman for making her arrest (except if circumstances require that or if a female police officer is arresting)

In the case of Sheela Barse v State of Maharashtra (1983) it was held that the arresting police officers must ensure that women are kept in separate female lockups and are segregated from the men. 

DK Basu vs. State of West Bengal (1996) is another landmark case in which the Supreme Court laid down guidelines for arrest.

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Q9. A report of person arrested without warrant shall be given by the officer-in-charge of police station to:

(a) Only District Magistrate

(b) Only Sub-divisional Magistrate

(c) Judicial Magistrate of First Class

(d) Either to the District Magistrate or Sub-divisional Magistrate

Ans.: (d)

Explanation:

According to Section 58 of CrPC - A report of a person arrested without a warrant shall be given by the officer-in-charge of the police station to the District Magistrate or if directed to the Sub-divisional Magistrate. It is done to ensure proper records are maintained. It is known as the Apprehension Report.

An Occurrence Report (When the officer in charge of a police station has reason to believe that an offence has been committed and he has the power to investigate it) is submitted u/s 157. The procedure as to how it is to be submitted is given u/s 158.

On completion of the investigation, the officer in charge of the police station submits a Final Report u/s 173 to the Magistrate empowered to take cognizance. The final Report is also known as challan or charge sheet.

u/s 12 (3) The High Court may designate any Judicial Magistrate of First Class in any sub-division as the Sub-divisional Judicial Magistrate.

Judicial Magistrates are subordinate to the Chief Judicial Magistrate and are subject to the general control of the Sessions Judge (u/s 15)

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Q10. Under section 41 Code of Criminal Procedure, 1973 the power of police to arrest a person: 

(a) Covers all cases

(b) Is limited to cases of mere suspicion

(c) Is confined to cases of reasonable suspicion

(d) Does not cover cases of Army deserters

Ans.: (c)

Explanation:

Section 41 of CrPC, 1973, according to Section 41 of the Criminal Procedure Code, the power of police to arrest a person is related to reasonable suspicion. In the Social Action Forum for Manav Adikar vs. Union of India, AIR 2018 SC 4273, the Supreme Court remarked that no arrest should be made routinely on a mere allegation of the commission of an offence made against a person.

Section 41 deals with the powers of police to arrest without an order from a Magistrate and a warrant. S. 155 states that a warrant of Magistrate is required in Non-Cognizable Cases.

An illegal arrest does not vitiate the trial.  

The Code of Criminal Procedure Amendment Act 2008, added the following four provisions:

S. 41 A: Notice of appearance before a police officer:

S. 41 B: Procedure of arrest and duties of an officer making the arrest – Every Police Officer making an arrest shall bear an accurate, visible and clear identification of his name + Prepare a Memorandum of Arrest  + Inform the arrested person that he has a right to inform a friend or relative about his arrest.

S. 41 C: Control room at districts

S. 41 D: Right of Arrested Person to meet an Advocate – The arrested person shall have a right to meet an advocate of his choice during interrogation, though not throughout the interrogation.

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