Daily Judiciary Mcq - Pyq Series: Judiciary Special

Q1. The Code of Criminal Procedure (Amendment) Act 2005 (No. 25 of 2005) received the assent of the President on:
(a) 21st July, 2005
(b) 23rd June, 2005
(c) 22nd August, 2005
(d)20th September, 2005

Ans: (b)
Explanation: 
Code of Criminal Procedure (Amendment) Act, 2005 received the assent of the President on 23rd June, 2005. It came into force on 23.06.2006. 
Code of Criminal Procedure (Amendment) Act 2008 came into force on 31.12.2009 
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.
Code of Criminal Procedure (Amendment) Act 2018 came into force on 19.04.2018.
Code of Criminal Procedure (Amendment) Act 2019 enhanced the rights of a victim. It came into force on 1st August 2019.
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Q2. Consider the following and choose the incorrect statement:
(a) Investigation is conducted by a police officer 
(b) Magistrate cannot interfere in investigation
(c) Investigation is a judicial proceeding 
(d) Investigation is not a judicial proceeding

And: (c)
Explanation: 
2 (h) of CrPC defines Investigation.
An investigation may not be a judicial proceeding (as defined under section 2(i) of CrPC) in itself because statements are not recorded on oath. An investigation is conducted by a Police Officer or a person (other than a Magistrate) appointed by the Magistrate. Inquiry on the other is a judicial proceeding and is conducted by the Magistrate or Court. FIR (u/s.154) & Complaint (u/s.155) both form the foundation of investigation under CrPC.
Although the magistrate cannot interfere in an investigation, he may order the Police to investigate under section 156 (3). However, as laid down in Priyanka Srivatsav vs. State of UP, there are prerequisites for section 156 (3) i.e. prior applications under sections 154(1) & 154 (3) to the Superintendent of Police along with an Affidavit (sworn by the applicant) of refusal by the Superintendent of Police. Sakiri Vasu vs. State of UP and ors is another landmark judgement on 156 (3).
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Q3. Under the Scheme of the Criminal Procedure Code, non-cognizable offences are:
(a) Private wrongs
(b) Public wrongs
(c) Both public and private wrongs
(d) None of the above

Ans: (a)
Explanation: 
Cognizable offences (defined u/s 2 (c) are considered to be public wrong and hence require strict and stringent action to be taken by the state whereas non-cognizable offences (as defined under Section 2(l) of Cr.P.C. 1973) are considered to be private wrong so their prosecution is left to be initiated by the private person against whom such harm has been inflicted upon.
Police Officers have the power to arrest a person without a warrant in case of Cognizable Offences.
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Q4. A report of a Police Officer after investigation shall be deemed to be a complaint:
(a) if it discloses a cognizable offence.
(b) if it discloses a cognizable case.
(c) if it discloses a non-cognizable offence.
(d) none of the above

Ans: (c)
Explanation: 
Explanation to Section 2(d) of Cr. P.C, 1973: A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complainant, and the police officer by whom such report is made shall be deemed to be the complainant. 
A complaint may be oral or written and is made to a Magistrate. It may relate either to a cognizable offence or a non-cognizable offence. Information as to Non-Cognizable offences is recorded under section 155 of CrPC and is generally known as NCR.  
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Q5. While granting Bail in a bailable offence:
(a) Conditions can be imposed by the police officer
(b) Conditions can be imposed by the Court
(c) No condition can be imposed by the PO or by the Court
(d) Only mild conditions can be imposed by the Court only

Ans: (c)
Explanation: 
When a person is charged with the commission of a bailable offence (s. 2 (a) CrPC), he gets an absolute right to be enlarged on bail as soon as he shows his willingness to give bail. Section 436 of CrPC shows that no provision gives power to the Court to impose any condition while enlarging an accused on bail in a case where a bailable offence is alleged. Bailable offences are those offences which are shown as bailable in the First Schedule of CrPC.
Chapter 23 of CrPC deals with the provisions of Bail and Bonds.
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Q6. The definition of ‘victim’ was incorporated in the Code of Criminal Procedure Code, 1973 by
the Amendment Act of:
(a) 2008
(b) 2009
(c) 2010
(d) 2011

Ans: (B) 2009
Explanation:
‘Victim’ as defined under s. 2 (wa) was inserted by the Criminal Procedure (Amendment) Act, 2008 (Act 5 of 2009), section 2 (w.e.f 31. 12. 2009). The expression ‘victim’ includes his or her guardian or legal heir. This implies that they can also claim compensation.
A provision of ‘Victim Compensation Scheme’ under section 357A was added by the Criminal Procedure (Amendment) Act, 2008 (Act 5 of 2009), section 28.
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Q7. Offences against other laws (except IPC) if punishable with imprisonment for 3 years and
upwards but not more than 7 years then:
(a) It will be Cognizable and Non bailable
(b) Non-cognizable and Bailable
(c) Cognizable and Bailable
(d) Non-cognizable and Non bailable

Ans: (a)
Explanation:
Schedule 2 of CrPC
The Bombay High Court in Piyush Ranipa v. State of Maharashtra, Anticipatory Bail App. No. 336 of 2021, has held that offences under laws other than the Indian Penal Code (IPC) which are punishable with imprisonment of 3 years or more, are cognizable and non-bailable.
Cognizable offences are defined under section 2 (c) of CrPC. In cognizable offences and cognizable cases, a police officer may arrest without a warrant.
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Q 8. In respect of investigation as provided under section 2(h) Cr.P.C. which of the following is
correct:
(a) Investigation can be conducted by any person so authorised by a magistrate
(b) Investigation can be conducted by a magistrate himself
(c) Investigation can be conducted by P.O.
(d) Both (a) & (c)

Ans: (d)
Explanation:
Section 2(h) of Cr.P.C., 1973
‘Investigation’ includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf.
What the Magistrate or Court conducts other than a trial is an inquiry as per section 2 (g) of CrPC. Inquiry is a judicial proceeding under the code and is conducted prior to the framing of the charge.
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Q 9. Classification of summons case & warrant case:
(a) Is useful to determine the investigation procedure to be adopted
(b) Is useful to decide the question of issuance of process to the accused
(c) Is useful to determine the trial procedure to be adopted
(d) (b) & (c) are correct

Ans: (d)
Explanation:
Section 2(x) and 2(w) of Cr. P.C.. 1973.
Section 204 deals with the issue of process. In a summons case, the magistrate shall issue the summons, and in a warrant case he may issue a warrant, or if he thinks fit, a summons.
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Q 10. Point out the incorrect response under the Cr.P.C.:
(a) Inquiry is conducted by a Court
(b) Inquiry is conducted after framing of the charge
(c) Inquiry is conducted prior to framing of the charge
(d) Inquiry is conducted by a magistrate

Ans: (b)
Explanation: 
Under Section 2(g) of Cr.P.C., 1973, an inquiry (other than a trial) is conducted or takes place prior to the framing of the charge, i.e. the point when a charge is framed, the inquiry comes to an end. Inquiry is ordinarily the second stage of a criminal case.
It was held in the case of Alim and ors vs. State of UP, 1982, that prior to the framing of a charge, proceeding before the Magistrate can be termed as inquiry.
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