iT eee See Roll No: Name CF the Students cnenee len 7 'Y, BHOPAL NATIONAL LAW INSTITUTE ON EE ARCH ~ 2017) B.A.LL.B. (Hons.). Mid — Term Examination se IX Trimester Criminal Law-II(Cr. P-C) Time: 2 Hours Maximum Marks: 30 eee \ marks. inutes of E ’ al mat i inut eT adc ay aston tgs he enon i GO) TATE 0 the beginning of the examination and no request in this regard will Qu A. Fill in the blanks:- , i 5s of, ie 1. Arle of reciprocity relating to powers of State is found in the process is ° i arrest without 2. An example of a cognizable offence in which a police officer can not “ situation the 3. nthe absence of specific siatutory provision to meet the exigency of es, pase court can invoke its powers under top: orders to meet the ends ofjustice. ‘ ia 4. The terms “Investigation” and “ officer-in-charge” are _ i expansive meaning. ay 5. Ifa special Public Prosecutor looks to a private party for to perform his role will be - B. State whether ing statements are individually True or False: PaNGaniae toes of the detention arses ae NDPS Act to a person already in jail amounts to execution of the warrant of arrest. 14. The definition of leader refers exclusively to persons enrolled as advocates under Advocates Act 1961 to practice law in courts. ‘i : s 15. The offences relating to Prevention of Food Adulteration Act are tried according to provisions of the said Act only. A E 16. A Railway Magistrate appointed under section 11 of Cr.P.C having special {jurisdiction to try offences committed over railway track is subordinate to the Court of the Sessions t 17. A Chief Judicial Magistrate while acting as in-charge Sessions Judge can decide the application for grant of bail in the offence of murder. 18. The words “in rank” in section 36 of Cr.P.C are interpreted with help of section 3 of the Police Act, 1861. 19. Section 36 of Cr.P.C permits a superior officer of police to oust the officer-in-charge of the police station from exercising his jurisdiction. 20. Penalty for omission by person to assist a police officer in preventing injury to railways is provided in section 189 of the Indian Penal Code. Q.2 In an educational institution while students were holding demonstrations in front of the administrative building, the security guards patrolling over the campus found that the locks of the main gates of the science faculty building were broken open and a number of valuable electronic apparatuses were stolen. This incident was reported to the officer-in-charge of the Police-station, who reached the site and started investigating into the matter, After a couple of days the police arrested A,B and C and held them in detention for enquiring into the incident as well as a number of incidents reported over the campus. The police suspect that A,B and C were creating disturbance over the campus for a couple of years and were the principal culprits of the 1| PMA En nn nn nn | instant as well as other reported criminal incidents but th ey have not been apprehended so far. The friends and family ments ers of A.B and C upon enquiry ate told by the police that they: in course of investigation and would be set free soon after the completion of the investigation. Friends and family members have waited for five days but after not getting them back to their homes are sect ing your advice in getting A.B and C set free from Police custody and seeking punishment to the police men for illegal arrest and detention as well as providing compensation for the same. Discuss in light of the statutory provisions and judicial eee reas fs, t0, What advice would be appropriate to be provided to the friends and family members of A,B and C, Q.3 Explaining the difference bet provisions relating to execution Support your answer, ween summons and warrant of arrest, discuss the statutory of warrant of arrest. Adduce suitable judicial decisions to or Explain the classes of criminal courts and discuss their powers and functions. Refer to relevant judicial decisions in support of your answer,UNIVERSITY, BHOPAL ) End Term Examination (April, 2017) i ae Bui IX Trimester i] ks: 79 jects Criminal Law-1II(Cr.P.C.) | ‘Time: Three Hours i lents may sec! la : ng of the examination and ling the questions in the first thirty (30) minutes of the e Ho request in this regard will be entertained thereafter. st ai DIRECTED aE - Fillin the blanket : ‘ Tn topard to Aa AM chery orn 7 em, P.c A stirety j fection 389 Cr.P.C is an ~7 -of section- 3, vase nA extapound to court fora seine AE . The prime obj Bieainecey instant reporting of accusation to police is to guard against EHOZin a criminal 4, ; Ady prosequtipn. $ Me lodging of LR seit peal non BACASOAY le warrant is provided under section-~--|----of Cr.P.C Bg Neve Whether the assertions are True and False. rises pepniable provision in the charge sheet sets aside the charge and : peomnissionlof three murders by A in house X_ and successively two murders in house Y Constitutes distinct offences and thus can be only charged separately. * ubstituted service of the summons can be done by affixing its copy to the summoned Person’s house when he is stated by neighbours to be residing abroad. ._ Non compliance with the requirement of S.82 tantamounts to non compliance with the lca jo, Mocedure established by law under Article 21 of the constitution of Indi ; 10. Recording of reasons by the court while a warrant of arrest in liew of summons is only discretionary e A B = + SS12. Benefit of the owner See 36. | 13. Re-arrest Sec 41 14. An order in writing to arrest See 446A 15. Agent of justice Sec 446 16. Interim bail See 439 (44FC37. Imprisonment in civil prison See 24 e Sec 55 Sec 43 Sec 85 §Q2 A poor migrant labourer was alleged to have committed theft of some valuables ftom the shop of a businessman Upon being produced by police in the court of the Chief Judicial Magistrate he ordered that a surety in a sum of Rs. 15000 be produced by him in order to be released on bail. The accused, however stated to the court that he was unable to manage a surety of sufficient prosperity, and that he was unable to procure the huge sum of Rs.15000. Accordingly he prayed the court to accept the suretyship of his father-in-law whose asset were situated in another distriet ‘The courttt ay ives approach you in order tou eet ‘cept his prayer and therefore he is aggrieved. His relatives appronel 7 oF legal Float Sdvice so that he could be released on bail. Render appropriate Be DPovisions and court decisions whether bail could be granted to him on his prayer. 4 the procedures provided ied ? Discuss in light of Q3__ Explain when poli it ant and what are t . hen police ean arrest a person without warra 1n the Code of Criminal Procedure to safeguard rights ofthe person £0 be arrest Statutory provisions and judicial decisions, in courts? Q4 What are the processes employed by the courts to compel appearance Seta) toeach Specify them and explain the methods of their enforcement. Are the processes @ other? Elaborate and discuss it in light of statutory provisions & court decision: ignificance. How Q.5_ Explain Charge and discuss the rules relating to framing of charges and eet are charges joined together and what is the rationale for it ? Discuss in light o and judicial decisions. f is investigation Q.6 Explain salient features of First Information Report and discuss #610, HOM Oe Sein conducted by police after lodging of FIR. What is the evidentiary Discuss in light of statutory provisions and judicial decisions Q.7 Write short answers on the following (@) Powers of superior officers of police. (®) Proclamation and attachment.ra 75 SEP 2018 Name? Roll No.! The National Law Institute University, Bhopal X TRIMESTER B.A.LL.B.Hons,) atuidont Examination, September, 2019 ORIMINAL LAW =1V Duration: 3 hrs, Maximum Marka’ 100 i INSTRUCTIONS: a, Answer any FIVE questions. b, All questions cary equal marks. ©. Support your answer with telovant statutory provisions, judicial decisions and reasons wherever necessary. a. Due credit will be given for brevity, coherence and style of presentation. e. No request for clarification regarding the questions will be entertained during the examination, SSeS ESSE SOHO SSO COOOL EE REAR RE EAa EERE ing and compounding of offences in Q.1. Differentiate between the processes of plea barg: a criminal trial, 20 Marks Q.2. “Reform towards a restorative criminal justice system hinged on the amendment made to the Criminal Procedure Code in 2008,The major thrust of the victim related amendments were on defining ‘victim’ and recasting the existing defunct laws related to the provision of compensation to victims.” Critically analyze the definition of the term “victim” and the scheme thus introduced, 20 Marks Q.8A. “The proceeding for confirmation of a death sentence by the High Court is deemed to ’e in the nature of an extended trial.” Explain the statement by analyzing the provisions on the subject. B. Enumerate the salient features of Summons Trial. Is the Magistrate legally bound to compel the attendance of the prosecution witnesses in a Summons Case? (2Q X 10M = 20 Marks) Q.4, “Examination of an accused is not an empty formality. It is the duty of the judges and Magistrates to question the accused properly and fairly bringing home to his mind in clear and simple language the exact case he has to meet and each material point that is sought to bele of Criminal Procedure poundable ease deprives the Ma on giv 1 oral! drawal of prosecution gives « genera ighting the pov nil dite a CESARE SCE a ictim to engage the term propriz srecedents ardora 28 SEP 2019 SY Name of the sindew Roll No NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL ! B.A.LL.B (Hons, End-Term Examination, September 2019 X Trimester CRIMINAL LAW-LV Maximum Marks: 100 ‘Time: Three Hours Instructions: 2. Answer FIVE questions including Q.1 which is compulsory. 2, All questions carry equal marks, The distribution of marks is mentionediwherever necessary, Support your answer with releoant stat Teasons wherever necessary. 4. Due credit will be given for brevity, %. No request for clarificntion regardi exemtination, titory provisions, judicial decisions and coherence and style of presentation. ing the questions will be entertained during the Q:1. In 2018, after general elections, im the State of Maharashtra. After coming into power, the Government launched anti - meat crusade across the State prohibiting ki the Vishwa Janata Sangh (VIS) party came into power ing of agricultural animals for meat or leather. Through the Maharashtra Agricultural Animals Preservation Act, 2018 (the 2018 Act), Stingent punishments were prescribed for anyone engaged in selling or buying meat, leather or both of the various animals covered under the Act. All the offences were made cognizable, on bailable and non eompoundable, All meat processing units and export companies across the State were ordered to be closed down, In September 2018, Mr. ‘X’, member of the VIS party uploaded a video on his facebook ‘account claiming that it depicted the lynching of a Muslim boy by an angry Hindu mob for attempting to sell cow hide. He asserted that this is the only way in which the enforcement of the 2018 Act can be materialized. The video went viral and encouraged people to enforce Vigilante justice within the State. Within two weeks, 242 incidents of lynching were reported throughout the State and first information reports were filed. After the investigation, the | Police arrested Mr. *X’ along with 25 others, who had “liked” and shared the video encouraging people to take law into their hands. All of them were booked under $.66 of the Information Technology Act, 2000, wantonly giving provocation with intent to cause riot 53A) and abetment to (S.153), promoting enmity between different classes of people (S. zpUR? Se —_ der the Indian Penal © | 1860. The chargesheet was filed in July, 2019, gainst al sused charge-sheeted by the nmencement of public Prosecutor presented an application for commit rioting un court framed charges posted for com n 10.09.2019, the ya tha withdrawal 1 the twenty six ace The trial rosecution evidence on the 10" of police, The case was September, 2019. Or prosecution stating that he has been instructed by the Government of withdrawal from Maharashtra to site the appiieation fo tn the Hight of the facts given above, you are required (0: (a) Identify the question of aw. (b) Develop arguments for th (e) Devide the matter: he Prosecution and the Defence. (24 8+ 10 = 20 Marks) 1 Bargaining is more a mechanism of convenience and mutual legality or constitutionality in India.” Critically analyze, gs the procedure and development through ss of India 20 Marks Q.2. “The concept of Ple penofit than an issue of morality, the above statement by laying down the premise, judicial decisions of plea bargaining under the penal law: Q.3. Explain the following: ‘A, Salient features of a judgment in a criminal ease, vision to save the accused from prolonged harassment whict B, “Discharge is « beneficent pro (10 x 2=20 Marks) is anecessary concomitant of'a protracted trial.” Q.4. Mr, Anand Kumar Mohatta owns a property. of two acres at Feroz Shah Road, Bhops Desitous of developing the property Mr. Mohatta entered into a development ag dated 03.06.2015 with. MS ‘Ansal Properties and Infrastructure Td. ( (ws ‘Ansal) The Parties apreed to develop the said property by constructing two bigh rise buildings ee flats. M/S Ansal paid a sum of Rupees two {crores as one by clause XT of the CwMis, Shobha Mohatta, The Mohatias did not take any further action regarding the property, Mb Mohatta dectined all the alternate offers by M/S Ansa stating that the property no tonger Belongs to him ond refused to relumn the amount advanced earlier. On 25.10.2018 M/S Ansal Presented his grievances in a written form before the SHO, Jahangitabad Police Station inst the Mohattas complaining of offences of criminal breach of trust ($.406 1PC), heating and dishonestly inducing delivery of property ($.420 IPC). The police commenced their investigation, ‘The Mohattas aggrieved by the launch of investigation against them have approached you ‘Seeking advice on the possible legal remedies. Support your answer with appropriate legal Provisions and judicial precedents, -Q.5. Analyse the following: A: An accused was charged for having committed the offences of voluntarily causing hurt | Cmprisonment up to one year or fine of 1000 Re/- or both) and wrongfully restraining a _ Person (Imprisonment up to one month or fine of 500 Rs/ or both). The trial commenced as a | Summons case during the course of which the Magistrate converted it into a warrant case. Was the action of the Mogisirate legal? Can a warrant case be converted into a summons - case? __B.°X’ and “Y° were jointly charged with the offence of murder and the trial was proceeding _ before a Court of Session. After the prosecution evidence was presented, the defence counsel _ Sought the permission of the Sessions judge to examine “X’ as a witness for the defence. Can the Court of Session permit such examination?, Q0.x2=20 Marks) Q6. Critically examine the various procedural safeguards available in the Code of Criminal Procedure, 1973 for speedy trial of criminal cases. Q.7. Write short notes on any two of the following: a) Irregular proceedings b) Exceptions to Rule against Double jeopardy ©) Issuance of Commissions 4) Effect of death of the accused or complainant (10 x 2 =20 Marks) &512.6 AUG 2019 NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL B.A.LL.B(HONS.} Repeat/Re-tepeat/Improvement Exam sep.2019 TRIMESTER-IX SUBJECT- CRIMINAL LAW III(CrPc) DURATION; 3HRS, MAX MARKS: 80/100 INSTRUCTIONS:- 1. Answer any five questions. 2. aw Questions carry equal marks, 3. Cite statutory provisions and judicial decisi isions to support yo answers. niin Qi What are the Stiminal courts and offices in a state for administering criminal Justice? Explain them along with their powers, functions and subordination, Q2 Explain the Provisions relating to arrest of persons by police and critically examine whether the provisions safeguard societal interests and arrestees’ rights in a balanced way? Q3 Explain the processes issued b: h € y the court to compel appearance of person before it and discuss whether there is nexus amongst them? Q44 Explain ‘First Information Report’ and its significance and discuss the power of police to investigate the offences, Q.5 Define ‘Charge’ and explain the provisions relating to framing of charges.When charges can be joined and how misjoinder results into? Discuss. Q.6 Explain the provisions relating to ‘Bail’ and ‘Anticipatory bail’ and discuss whether Bail, and Anticipatory bail are subject matters of accuseds’ rights or of societal interests Subject to judicial discretion? Q.7 Write short notes on any two of the followings- 1. Right of private person to Arrest and Re-arrest. 2. Definition of Victim and Medical examination. 3. Sentence of imprisonment in default of payment of fine and its rationale. 4. Conferment and withdrawal of powers on courts and officers. 133onc arm SD Cael. gl ~-SOKOINY 5 DEC 2019 Name: Roll No.! ‘The National Law Institute University, Bhopal X TRIMESTER B.A.LL.B.(Hons.) Repeat Examination, November- Decembe: CRIMINAL LAW -IV 2019 Maximum Marks: 100 Duration: 3 hrs. INSTRUCTIONS: P Answer any FIVE questions. All questions carry equal marks. Support your answer with relevant statutory provisions, judicial decisions and reasons wherever necessary. d. Due credit will be given for brevity, coherence and style of presentation. e. No request for clarification regarding the questions will be entertained during the examination. JERS SHORE HSE Ri i aS a Sr RI IIE II RII Le Q.1. Distinguish between the trial before Court of Sessions and trial of a summons case. 20 Marks. Q.2. “Examination of an accused is not an empty formality. It is the duty of the judges and Magistrates to question the accused properly and fairly bringing home to his mind in clear and simple language the exact case he has to meet and each material point that is sought to be used against him by affording him a chance to explain it if he so desires.” Examine the importance of the 313 statement, powers and duties of the courts along with the effect of non — compliance of the section. Examine the law relating to the examination of accused under Section 313 of the Code of Criminal Procedure. 20 Marks Q.3. Do you agree that the object of tender of pardon in a criminal trial is to obtain the true evidence of offences by granting pardon to accused so as to prevent the escape of offenders from punishment for lack of evidence? Justify your answer by explaining the procedure of tender of pardon supported by judicial precedents. 20 Marks