Compative Criminal Procdeute Set 2 MCQs

Q1 | A Metropolitan Magistrate, has the power to pass sentence, as provided under section 29of Cr PC

any sentence authorized by law except a sentence of death, or

imprisonment for life or of imprisonment for a term exceeding seven years

imprisonment for a term not exceeding three years and fine not exceeding rs. 10,000

imprisonment for a term not exceeding one year and fine not exceeding rs. 1,000.

Q2 | A Metropolitan Magistrate can award sentence of imprisonment -in default of paymentof fine

equal to the term of imprisonment which he is competent to inflict as substantive punishment

not exceeding half of the term of imprisonment which he is competent to inflict as substantive sentence

not exceeding one-third of the term of imprisonment which he is competent to inflict as substantive sentence

not exceeding one-fourth of the term of imprisonment which he is competent to inflict as substantive sentence.

Q3 | The imprisonment in default of fine

shall be in addition to a substantive sentence maximum awardable under section 29 without any specific order

shall be in addition to a substantive sentence only when a specific order to that effect is passed.

shall not be in addition to the substantive sentence awardable by the magistrate

shall be in addition to the substantive sentence awardable but subject (to the upper limit for substantive sentence prescribed under section 29.

Q4 | In cases of consecutive sentence on conviction of several offences at one trial by a Metropolitan Magistrate the aggregate punishment

shall not exceed twice the amount of punishment which the magistrate is competent to inflict for a single offence

shall not exceed the amount of punishment which the magistrate is competent to inflict for a single offence as prescribed under section 29 of cr pc

shall not exceed three times the amount of punishment which the magistrate .is competent to inflict for a single offence

shall not exceed 14 years.

Q5 | Classification of compoundable & non-compoundable offences has been provided under

lst schedule

ilnd schedule

section 320 of cr pc

section 321 of cr pc.

Q6 | Offences other than those mentioned in section 320 of Cr PC are

not compoundable’

compoundable with the permission of the court

compoundable by the court of sessions

compoundable by the high court.

Q7 | Arrest means

every compulsion or physical restraint

total restraint and complete deprivation of liberty

both (a) & (b)

neither (a) nor (b).

Q8 | A warrant of arrest is a command

must be a written order

signed, sealed & issued by a magistrate

addressed to a police officer

all of the above.

Q9 | A person can be arrested without warrant

for securing attendance of accused at trial

as a preventive or precautionary measure

for obtaining correct name & address

all the above.

Q10 | Which of the following is correct

magistrate cannot arrest a person

a private person cannot arrest a person

a police officer can arrest a person

both (a) & (b).

Q11 | It is mandatory for a police officer to inform the person arrested, the grounds of arrestand right of bail if the offence is not non-bailable, under

section 49 of cr pc

section 50 of cr pc

section 51 of cr pc

section 54 of cr pc.

Q12 | A police officer arresting a person may carry out the personal search after compliance of

under section 50 of cr pc

under section 51 of cr pc

under section 54 of cr pc

under section 56 of cr pc.

Q13 | It is mandatory to produce the person arrested before the Magistrate, within 24 hoursof his arrest, under

section 56 of cr pc

section 57 of cr pc

section 58 of cr pc

section 59 of cr pc.

Q14 | A proclamation under section 82 of Cr PC can be issued against a person against whom a warrant has been issued. Thus a proclamation can be issued against (a) accused offender (b) a surety(c) a witness(d) all the above.45. A proclamation requiring a person to appear must be published giving

not less than 30 days time to the person concerned

not less than 10 days time to the person concerned

not less than 20 days time to the person concerned

not less than 15 days time to the person concerned.

Q15 | Attachment of the property of the person absconding

can only be issued after publication of the proclamation under section 82 of cr pc

can be issued before publication of – the proclamation under section 82 of cr pc

can be issued simultaneously with the issue of proclamation under section’82 of cr pc

all the above.

Q16 | Period of limitation for filing a suit to establish the right over the property attached, by aperson other than the person proclaimed, who has filed claims & objection to attachment, is

three months from the date of disallowing the claim

six months from the date of disallowing the claim

one year from the date of disallowing the claim

three years from the date of disallowing the claim.

Q17 | If the person proclaimed appears within the period specified in the proclamation, theproperty attached

shall not be released from attachment

shall be released from attachment

shall be forfeited

both (a) & (c).

Q18 | Section 2 in Cr.P.C. defining “victim” as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been chargedincludes

victim’s guardian

victim’s guardian or legal heir

victim’s neighbor

victim’s close friend.

Q19 | According to section 41A(1) of Cr.P.C. the Police Officer shall issue a notice directing the alleged accused though he has committed a cognizable offence, to appear before him or at such other place as specified in notice in all the cases where the arrest of a person is notrequired under the

provisions of sub-section (1)(a) of section 41

provisions of sub-section (1)(b) of section 41 (c) provisions of sub-section (1)

of section 41

provisions of sub—section (1) of section 41

Q20 | A case which includes cognizable offences and non-cognizable offences is

a cognizable ease but requires sanction of the magistrate for investigation into the noncognizable part under section 155(2) of cr pc

a cognizable case and as such the investigation of the case does not require any sanction of the magistrate under section 155(2) of cr ‘pc

a non-cognizable case and as such the investigation of the case requires sanction of the magistrate under section 155(2) of cr pc

a non-cognizable case but does not require sanction of the magistrate under section 155(2) of cr pc

Q21 | Complaint may relate to

a cognizable offence

a non-cognizable offence

both (a) & (b) are correct

must be for a non-cognizable offence as the police has no power to investigate such

Q22 | When a complaint is presented to a Magistrate, and the Magistrate proceeds to examinethe complainant & the witnesses

the magistrate is conducting investigation

the magistrate is conducting an inquiry

magistrate is conducting a trial

both (b) & (c).

Q23 | A Metropolitan Magistrate can award sentence of imprisonment -in default of payment of fine