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AIBE-19 Criminal Procedure Insights

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MANASH MANDAL
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0% found this document useful (0 votes)
58 views42 pages

AIBE-19 Criminal Procedure Insights

Uploaded by

MANASH MANDAL
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Machine Translated by Google

All India Bar Examination


AIBE-19 Code

of Criminal Procedure 1973


(Criminal Procedure Code, 1973)
Subject Marks- 10

1. Who has the authority to investigate crime in any area?

(A) Police officer

(B) Magistrate

(C) Lawyer

(D) Judge

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Answer: (A) Police officer

2. There is a time limit for filing a chargesheet in a criminal case. If the accused is
in custody, what is the time limit?

(A) 30 days

(B) 60 days

(C) 90 days

(D) 120 days

Answer: (C) 90 days


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3. What is the process called in which a Magistrate takes cognizance and
prima facie presumption of guilt is made?

(A) Hearing

(B) FIR

(C) Taking cognizance

(D) Charge sheet

Answer: (C) Taking cognizance

4. Who has the right to grant bail?

(A) Sessions Court only

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(B) High Court only

(C) Both the police officer and the court

(D) Police officers only

Answer: (C) Both the police officer and the court

5. Under which procedure can the Court direct a person to appear at a specific
place?

(A) Arrest warrant

(B) Summons
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(C) Appearance warrant

(D) Summons order

Answer: (B) Summons

6. What is the process in which the magistrate confirms the charge called?

(A) Filing an FIR

(B) Prosecution

(C) Charge-framing

(D) Remand

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Answer: (C) charge-framing

7. What type of testimony can be considered in which an eyewitness


gives a statement about the event?

(A) Indirect evidence

(B) Circumstantial evidence

(C) Direct evidence

(D) Informal evidence

Answer: (C) Direct evidence

8. On whose instructions can re-investigation or re-investigation be done?


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(A) Only on the direction of the High Court

(B) Only on the orders of the State Government

(C) On the decision of the police officer

(D) On the order of a Magistrate

Answer: (D) On the orders of a Magistrate

9. Under which section, a police officer is bound to present a person before a magistrate

immediately after arresting him?

(A) Within 24 hours

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(B) Within 48 hours

(C) Within 72 hours

(D) Without any time limit

Answer: (A) Within 24 hours

10. Under which procedure prima facie charges are framed against an accused person if
sufficient evidence is found against him?

(A) Framing of charges

(B) Non-framing of charges

(C) Acquittal
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(D) Suspend

Answer: (A) Framing of charges

11. What is considered as a “cognizable offence”?

(A) In which the police can arrest without a warrant

(B) in which the court allows

(C) where a warrant for arrest is necessary

(D) where the offence is economic

Answer: (A) In which the police can arrest without a warrant

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12. What is called a “non-bailable offence” under the Code of Criminal Procedure?

(A) In which the accused can be released without bail

(B) In which bail is easily granted

(C) in which bail is not granted easily

(D) where the offence can be tried only by a Magistrate

Answer: (C) in which bail is not granted easily

13. If the place of crime is unknown, which court has the jurisdiction to hear the
case?
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(A) High Court of the State

(B) Supreme Court

(C) Local Magistrate

(D) Where the criminal was caught

Answer: (D) Where the criminal was caught

14. What is the meaning of "detenue"?

(A) Possessing an object in the wrong manner

(B) To arrest a person

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(C) To accuse of any offence

(D) Solving a crime

Answer: (A) Possessing an object in the wrong manner

15. In what type of cases can the court issue summons to a witness?

(A) Civil matters

(B) Criminal cases

(C) Economic matters


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(D) Family matters

Answer: (B) Criminal cases

16. To whom can the Court issue summons under the Code of Criminal Procedure?

(A) The accused only

(B) The witness only

(C) Only to the complainant

(D) any person whom the Court considers necessary

Answer: (D) Any person whom the court considers necessary

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17. In which type of arrest the police is not required to follow any specific
procedure?

(A) General arrest

(B) Cognizable arrest

(C) Arrest in cognizable offence

(D) Arrest in non-cognizable offence

Answer: (C) Arrest in cognizable offence

18. Under what procedure can police officers record the statement of
a person?
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(A) Inquiry

(B) Testimony

(C) Inquiry Report

(D) Prosecution

Answer: (A) Inquiry

19. Who among the following does not have the right to appeal?

(A) Accused

(B) State

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(C) Victim

(D) Lawyer

Answer: (D) Lawyer

20. In which case can the investigating officer start proceedings immediately
after registering the FIR?

(A) Serious cases

(B) Cognizable cases

(C) Non-cognizable cases


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(D) Economic matters

Answer: (B) Cognizable cases

21. If a person commits a crime and the police thinks that person may escape,
what can the police do?

(A) can arrest him

(B) send him a notice

(C) can send him a summons

(D) can file a charge sheet against him

Answer: (A) can arrest him

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22. What is called "non-cognizable offence"?

(A) In which the police can take action without a warrant

(B) In which there is an order of arrest by the Court

(C) In which the police cannot take action without a warrant

(D) where an order of the High Court is necessary

Answer: (C) In which the police cannot take action without a warrant

23. Where does a person have to appear first when released on bail?
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(A) At the police station

(B) In the court

(C) In front of the lawyer

(D) At home

Answer: (A) At the police station

24. Which document gives notice of the initiation of a crime under the Code of Criminal Procedure?

(A) Charge sheet

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(B) Summons

(C) FIR

(D) Testimony

Answer: (C) FIR

25. In which cases does the police take permission from the magistrate to arrest a person?

(A) Cognizable offence

(B) Non-cognizable offence

(C) All crimes


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(D) In serious crimes

Answer: (B) Non-cognizable offence

26. What if the time limit for keeping the accused in custody expires and the
investigation is not completed?

(A) The accused will be released

(B) He will be locked up forever

(C) His sentence will be enhanced by the court

(D) He will be transferred to another jail

Answer: (A) The accused will be released

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27. What is called "advance information of crime"?

(A) FIR

(B) Inquiry Report

(C) Charge sheet

(D) Statement

Answer: (A) FIR

28. How soon after the arrest of the accused is it necessary to present him
before the magistrate?
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(A) In 12 hours

(B) Within 24 hours

(C) In 36 hours

(D) In 48 hours

Answer: (B) In 24 hours

29. Which person can apply for bail in any criminal case?

(A) Only the accused

(B) Family of the accused

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(C) Advocate for the accused

(D) Any competent person

Answer: (A) Only the accused

30. On what basis does the court decide on bail?

(A) Gravity of the offence

(B) Age of the accused

(C) Reputation of the accused

(D. ALL OF THE ABOVE


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Answer: (D) All of the above

31. If the crime is committed at more than one place, in which court can the case
be heard?

(A) Where the crime was committed

(B) Where the accused was apprehended

(C) In any court of the relevant place

(D) Only in the Supreme Court

Answer: (C) In the court of any relevant place

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32. Under what circumstances does the Magistrate take "prima facie cognizance"?

(A) When he finds direct evidence of the crime

(B) When the report submitted by the police is received

(C) When a complainant files a complaint

(D. ALL OF THE ABOVE

Answer: (D) All of the above

33. When is the charge sheet filed?

(A) After completion of exploration


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(B) At the time of arrest

(C) Immediately after the arrest

(D) After obtaining permission of the court

Answer: (A) After the exploration is completed

34. For which type of arrest a police officer does not need the permission of a
magistrate?

(A) Cognizable offence

(B) Non-cognizable offence

(C) Both

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(D) None of these

Answer: (A) Cognizable offence

35. What is called "remand"?

(A) Sending the accused into custody

(B) Releasing the accused

(C) To charge the accused

(D) Granting bail to the accused

Answer: (A) Sending the accused into custody


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36. In which type of crime only a magistrate can take cognizance and
the police is not allowed?

(A) Cognizable offence

(B) Non-cognizable offence

(C) All offences

(D) No offence

Answer: (B) Non-cognizable offence

37. Under which process a police report against a person is presented in


the court?

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(A) FIR

(B) Charge sheet

(C) Appeal

(D) Summons

Answer: (B) Charge sheet

38. In which crime can the accused be arrested without a warrant?

(A) Cognizable offence


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(B) Non-cognizable offence

(C) Family matters

(D) Civil matters

Answer: (A) Cognizable offence

39. What is called "legal custody"?

(A) Keeping the accused in jail

(B) Keeping the accused in police custody

(C) Keeping the accused in custody with the permission of the court

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(D) Keeping the accused on remand

Answer: (C) Keeping the accused in custody with the permission of the court

40. What are the reasons why the court may refuse to grant bail?

(A) Gravity of the offence

(B) Danger of the accused absconding

(C) Adverse effect on society

(D. ALL OF THE ABOVE

Answer: (D) All of the above


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41. What is the statement recording taken by a police officer against a person during the

investigation of a crime called?

(A) Summons

(B) FIR

(C) Inquiry Report

(D) Testimony

Answer: (C) Inquiry report

42. In which case can the Magistrate acquit the accused of the offence charged?

LawFact Classes
(A) When the evidence is sufficient

(B) When the evidence is insufficient

(C) When there is a witness

(D) When the police recommends

Answer: (B) When the evidence is insufficient

43. Who can the police call to collect evidence at the scene of a
crime?

(A) To the doctor


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(B) Magistrate

(C) Expert (Forensic)

(D) The Judge

Answer: (C) Expert (Forensic)

44. What is it called if the accused admits to the crime?

(A) Testimony

(B) Confession

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(C) Summons

(D) Decision

Answer: (B) Confession

45. What can the court do if a person does not appear after being
released on bail?

(A) cancel his bail

(B) can summon him again

(C) issue order for his arrest

(D. ALL OF THE ABOVE


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Answer: (D) All of the above

46. Which document is presented by the police to the court for the punishment of
the criminal?

(A) FIR

(B) Charge sheet

(C) Investigation report

(D) Testimony

Answer: (B) Charge sheet

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47. After arrest by police, within how much time is it necessary to present the
accused before the magistrate?

(A) In 24 hours

(B) In 48 hours

(C) In 36 hours

(D) In 12 hours

Answer: (A) In 24 hours

48. Bailable offence means:

(A) in which the accused can get bail


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(B) in which the accused cannot get bail

(C) in which only the police can grant bail

(D) in which bail is prohibited

Answer: (A) In which the accused can get bail

49. When bail of an accused is rejected, where can he appeal again?

(A) In the High Court

(B) At the police station

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(C) In the Sessions Court

(D) In the Supreme Court

Answer: (A) In the High Court

50. In which type of crime can the police conduct a preliminary investigation before
registering an FIR?

(A) In severe cases

(B) In financial matters

(C) In cases of domestic violence

(D. ALL OF THE ABOVE


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Answer: (D) All of the above

51. Ajay was arrested by the police for a cognizable offence, but the police did not
register an FIR. Is this action of the police legal?

(A) Yes, police is not required to register an FIR

(B) No, FIR is mandatory for a cognizable offence

(C) It depends on the magistrate

(D) Police can take decision according to the seriousness of the case

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Answer: (B) No, FIR is mandatory for cognizable offence

52. Seema was arrested by the police for a non-cognizable offence. The police arrested
her without the permission of the magistrate. Will this arrest be considered valid?

(A) Yes, the police can arrest anyone

(B) No, permission of magistrate is mandatory in non-cognizable offences

(C) It depends on the gravity of the offence

(D) Only with the permission of the High Court

Answer: (B) No, permission of magistrate is mandatory in non-cognizable offence


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53. Ravi was produced before a magistrate for a crime and the magistrate sent
him to judicial custody for 14 days. What type of custody is Ravi in?

(A) Police custody

(B) Judicial custody

(C) Temporary custody

(D) Special custody

Answer: (B) Judicial custody

54. An FIR has been filed against Ramu in which he is accused of a cognizable
offence. Can Ramu get immediate bail?

LawFact Classes
(A) Yes, he will get bail immediately

(B) No, bail is not available in a cognizable offence

(C) Bail can be granted only on the order of a magistrate

(D) Depends on police permission

Answer: (C) Bail can be granted only on the order of a magistrate

55. Aman was arrested by the police from his residence and produced before a
magistrate after 48 hours. Will this arrest and detention be considered legally valid?

(A) Yes, because it is the power of the police


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(B) No, it is mandatory to produce him before a magistrate within 24 hours

(C) It depends on the decision of the Magistrate

(D) Only with the consent of the accused

Answer: (B) No, it is mandatory to present him before the magistrate within 24 hours

56. Suman is accused of theft and the police arrested him without a warrant. What type of case

will Suman's case be considered?

(A) Cognizable offence

(B) Non-cognizable offence

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(C) Neither of them

(D) It depends on the decision of the police

Answer: (A) Cognizable offence

57. A complaint has been filed against Reena and she has been summoned
to appear before the magistrate. Why is it necessary for Reena to
comply with the summons?

(A) Because summons is a legal order

(B) Because there is a police order

(C) Because it is an advice


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(D) Because violating summons is not an offence

Answer: (A) Because summons is a legal order

58. Rohit confessed in the court that he had committed the theft. What will this confession be
considered as?

(A) Indirect evidence

(B) Circumstantial evidence

(C) Direct evidence

(D) Confession

Answer: (D) Confession

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59. The police acted promptly on information of a non-cognizable offence and arrested
the accused. Was this action of the police justified?

(A) Yes, police should take action on any information

(B) No, the police cannot arrest without a warrant in a non-cognizable offence

(C) It depends on the decision of the Magistrate

(D) It depends on the gravity of the offence

Answer: (B) No, the police cannot arrest without a warrant in a non-cognizable offence
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60. A case of dowry harassment has been registered against Manju and she has been
released on bail. Before whom will Manju be required to appear after being released
on bail?

(A) Before a Magistrate

(B) Before a police officer

(C) Before his lawyer

(D) Before the High Court

Answer: (A) Before a Magistrate

61. An arrest warrant has been issued against an accused, but he is hiding from the
police. The police made efforts to find him but failed. What can the police do now?

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(A) confiscate the property of the accused

(B) obtain special directions for arrest from the court

(C) issue a 'proclamation' against the accused to appear in court

(D. ALL OF THE ABOVE

Answer: (D) All of the above

62. An accused was detained by the police for 15 days without the permission of the
magistrate. In this case, will this detention be considered valid?
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(A) Yes, the police has the right to do so

yes

(B) No, detention for more than 15 days is illegal

(C) No, the accused can be kept in custody only for 24 hours

(D) It can be validated only on the order of a magistrate

Answer: (C) No, the accused can be kept in custody only for 24 hours

63. If a case is pending appeal in the High Court and the bail plea of the accused
comes before the Magistrate, what will the Magistrate do?

(A) can grant bail to the accused

(B) can reject the bail plea

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(C) inform the High Court about it and await the directions of the High Court

(D) transfer the case to another court

Answer: (C) inform the High Court about this and await the directions of the High Court

64. The police want to conduct a preliminary investigation into a crime but do not
want to register an FIR. According to the Code of Criminal Procedure, can the
police do so?

(A) Yes, police can take decision as per priority

yes

(B) No, it is mandatory to lodge an FIR


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(C) Only with the permission of a Magistrate

(D) In certain specific cases

Answer: (D) In certain types of cases

65. A person is arrested by the police and the magistrate sends him to judicial
custody. The person applies for bail in the High Court but the bail is rejected. Now
where can the person appeal again?

(A) In the District Court

(B) Again in the High Court

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(C) In the Supreme Court

(D) Before a Magistrate

Answer: (C) Supreme Court

66. During the trial the court comes to know that a witness is being threatened
so that he will lie in the court. What can the court do in this situation?

(A) order the witness to be kept under court protection

(B) can reject the statement of the witness

(C) can only inform the police


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(D. ALL OF THE ABOVE

Answer: (A) The court can order the witness to be kept under protection

67. The court has issued a “proclamation” against an accused because he is


absconding. What additional action can the court take against him now?

(A) The property of the accused can be confiscated

(B) The accused can be sentenced

(C) may acquit the accused

(D) sentence the accused to life imprisonment

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Answer: (A) The property of the accused can be confiscated

68. The evidence produced before the court during the trial is
insufficient, but the police have named an accused for the crime.
What can the court do in this case?

(A) order the police to produce more evidence

(B) acquit the accused

(C) can re-examine the witnesses

(D. ALL OF THE ABOVE

Answer: (D) All of the above


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69. The police receives information about a crime but wants to conduct a preliminary
investigation before filing an FIR. Can the police do so under the Code of Criminal

Procedure?

(A) Yes, the police has this right

yes

(B) No, FIR must be lodged first

(C) Only with the permission of a Magistrate

(D) It is permitted in certain cases

Answer: (D) It is allowed in some cases

70. A Magistrate has issued an arrest warrant to an accused for a non-cognizable offence.

LawFact Classes
The accused wants to challenge the warrant. In which court can he challenge it?

(A) Before the same Magistrate

(B) In the District Court

(C) In the High Court

(D) Only in the Supreme Court

Answer: (C) In the High Court

71. A criminal was arrested by the police and during interrogation he named another person
involved in the crime. The police arrested that person also and sent him to jail for 24
hours without the permission of the magistrate.
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He was kept in custody for more than an hour. What are the legal implications of
this arrest and detention?

(A) The second accused will be released immediately

(B) The police must produce the person before a magistrate

(C) The detention of the accused may be declared illegal and he may have to be
released

(D) The decision of the Supreme Court on this will be final

Answer: (C) The detention of the accused can be declared illegal and he may have
to be released

72. A person is accused of a cognizable offence and the police arrest him without a

LawFact Classes
warrant. However, it is clear that there was insufficient evidence to arrest. What are
the options available to the accused to question the validity of the arrest?

(A) He can file a complaint in the District Court

(B) He can file a “Habeas Corpus” petition in the High Court

(C) He can apply for bail in the Sessions Court

(D) He can file a complaint against the police officer

Answer: (B) He can file a "Habeas Corpus" petition in the High Court
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73. The court found that the evidence presented by the police was insufficient,
but the accused admitted the charges against him. What would be the duty
of the court in such a case?

(A) To convict the accused

(B) Referring the case to the High Court

(C) To independently test the veracity of the confession of the accused

(D) Ordering the police to collect more evidence

Answer: (C) To independently test the veracity of the confession of the accused

74. A woman filed a complaint for a non-cognizable offence, but the police
refused to register an FIR and only filed an NCR (Non-Cognizable

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Report). The woman moved an application before the magistrate, but the
magistrate also did not order registration of an FIR. What legal options are
left with the woman now?

(A) She can file a writ petition in the High Court

(B) She can appeal to the District Court

(C) She can give a written complaint to the senior police officers

(D) She can request the Superintendent of Police

Answer: (A) She can file a writ petition in the High Court
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75. After framing charges against an accused, a Magistrate finds that
the statements of witnesses and evidence are not sufficient. What can the
Magistrate do in such a situation?

(A) acquit the accused

(B) can order the police to investigate again

(C) transfer the case to the Court of Session

(D) can give time to the prosecution to strengthen the evidence

Answer: (A) The accused can be acquitted

76. An accused has filed a bail petition but he is continuously


avoiding appearance in the court. What decision can the court take on

LawFact Classes
the bail petition?

(A) can grant bail

(B) reject the bail plea

(C) can grant bail to the accused by warning him

(D) can send the bail petition to the High Court

Answer: (B) can reject the bail plea

77. A person is accused of three different cognizable offences at three


different places, and he is evading the police. What has to be done for
the police to take cognizance against that person?
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(A) FIR has to be filed in the court of every place

(B) The court of one place only has to take cognizance

(C) Summons can be issued against him

(D) An arrest warrant can be issued for every relevant place

Answer: (D) An arrest warrant can be issued for every relevant place

78. The police detained a person during investigation of a crime. The


person's statement is used as evidence against him in another crime as well. Is
this legally valid?

(A) Yes, the police can use any statement in any case

LawFact Classes
(B) No, the statement can be taken as evidence in that case only

(C) It depends on the permission of the court

(D) It can be used only with the consent of the accused

Answer: (B) No, the statement can be taken as evidence only in that case

79. The accused's confession was recorded before the Magistrate, but later
he tried to retract it saying that it was coerced. What will the court do in such a
situation?

(A) reject the confession outright

(B) independently verify the veracity of the confession


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(C) release the accused if there is no evidence against him

(D) The High Court will send the case for retrial

Answer: (B) independently verify the veracity of the confession

80. A witness's statement has been recorded by the magistrate, but that witness is
unable to appear in court. Can the court accept that witness's statement as evidence?

(A) Yes, if the statement of the witness is recorded before a magistrate

(B) No, presence of witness is mandatory

(C) only with the consent of the accused

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(D) It depends on the gravity of the offence

Answer: (A) Yes, if the statement of the witness is recorded before a magistrate

81. Question: What can be the maximum period of police custody?

(A) 7 days

(B) 14 days

(C) 15 days

(D) 30 days

Answer: (C) 15 days


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82. Question: For what purpose Section 164 CrPC is used?

(A) To submit evidence

(B) For the confession of the accused

(C) To record the statements of witnesses

(D) To grant bail

Answer: (B) For the confession of the accused

83. Question: Under which section the Magistrate has the power to grant bail in a
non-bailable offence?

LawFact Classes
(A) Section 437

(B) Section 438

(C) Section 439

(D) Section 440

Answer: (A) Section 437

84. Question: In which section the procedure for filing a “First Information Report” (FIR) is
prescribed?

(A) Section 154

(B) Section 156


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(C) Section 157

(D) Section 158

Answer: (A) Section 154

85. Question: What can be the period of judicial custody by the police after arrest?

(A) 15 days

(B) 30 days

(C) 60 days

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(D) 90 days

Answer: (C) 60 days (in normal cases) and (D) 90 days (in severe cases)

86. In which year was the Code of Criminal Procedure established?

(A) 1973

(B) 1955

(C) 1980

(D) 1961

Answer: (A) 1973


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87. Bailable offences fall under which section?

(A) Section 436

(B) Section 437

(C) Section 438

(D) Section 439

Answer (A) Section 436

88. What does Section 125 CrPC relate to?

(A) Search

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(B) Summons

(C) Maintenance

(D) Arrest

Answer (C) Maintenance

89. What is the police report under Section 154 CrPC called?

(A) FIR

(B) Daily report

(C) Summons
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(D) Charge sheet

Answer: (A) FIR

90. What is the maximum number of days for which an accused can be kept in
custody under Section 167?

(A) 24 hours

(B) 15 days

(C) 60 days

(D) 90 days

Answer: (A) 24 hours

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91. What does Section 190 CrPC relate to?

(A) Judicial powers of Magistrate

(B) Filing an FIR

(C) Investigation by the police

(D) Taking cognizance of the offence

Answer (D) Taking cognizance of the offence

92. Which section is important for FIR?

(A) Section 154


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(B) Section 156

(C) Section 164

(D) Section 162

Answer (A) Section 154

93. Which section is for arrest before bail?

(A) Section 436

(B) Section 438

(C) Section 439

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(D) Section 437

Answer: (B)

93. Under which section of the Code of Criminal Procedure is a warrant for arrest issued?

(A) Section 204

(B) Section 82

(C) Section 70

(D) Section 165


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Answer: (C)

94. For how many days can police remand be extended?

(A) 15 days

(B) 30 days

(C) 60 days

(D) 90 days

Answer: (A)

95. Under which section the Magistrate takes cognizance of the complaint regarding
the offence?

LawFact Classes
(A) Section 190

(B) Section 195

(C) Section 200

(D) Section 204

Answer: (A)

96. What does Section 174 CrPC relate to?

(A) Autopsy

(B) Arrest
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(C) Evidence

(D) Bail

Answer: (A)

[Link] has the power to review the orders passed by the Sessions Court?

(a) District Court

(b) High Court

(c) Sessions Court

LawFact Classes
(d. All of the above

Answer: (a)

98. By whom can anticipatory bail be granted?

(a) Magistrate

(b) Sessions Court

(c) High Court

(d) Both b and c

Answer: (d)
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99. Under which section does the prosecution abate if the accused dies before the
proceedings against him are initiated?

Section 258

Section 256

(c) Section 239

Section 204

Answer: (b) Section 256

100. In CrPC, in which cases the procedure of "plea bargaining" can be applied?

LawFact Classes
(a) Serious offences

(b) The punishment should be up to 7 years

(c) In all crimes

(d) Only in cognizable offences

Answer: (b) The punishment should be up to 7 years

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