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Haryana Civil Judge (Jr Div) practice questions

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Question 1Civil Procedure Code, 1908

Under the Code of Civil Procedure, 1908, a suit for recovery of immovable property situated in Ambala is instituted in the court of the Subordinate Judge, Ambala. Which provision fixes the place of suing in this case?

  1. Section 20, because the defendant ordinarily resides within the jurisdiction
  2. Section 15, because every suit must be instituted in the lowest court competent to try it
  3. Section 16, because the suit relates to immovable property and must be brought where the property is situate Correct answer.
  4. Section 19, because the wrong complained of was committed within the local limits

Explanation

Section 16 CPC requires suits for recovery of immovable property, partition, foreclosure, sale or redemption of a mortgage of immovable property, and suits for determination of any other right to or interest in immovable property, to be instituted where the property is situate. Section 15 is only a rule about choosing the lowest competent court, not about territorial jurisdiction.

Question 2Civil Procedure Code, 1908

A plaint is presented in the Court of the Civil Judge (Junior Division). The defendant contends that the plaint discloses no cause of action. Under Order VII Rule 11 CPC, the court may reject the plaint on this ground at what stage?

  1. Only before the first hearing and not thereafter
  2. Only after recording evidence on the preliminary issue
  3. At any stage of the suit, after giving the plaintiff a reasonable opportunity of being heard Correct answer.
  4. Only after the defendant files a written statement and issues are framed

Explanation

Order VII Rule 11 permits rejection of a plaint on the enumerated grounds at any stage of the suit, but the proviso inserted by the 1999 amendment requires that the plaintiff be given a reasonable opportunity of being heard before rejection. The court is not required to wait for a written statement or evidence.

Question 3Civil Procedure Code, 1908

In a suit pending before the Civil Judge (Junior Division), the defendant seeks to set up a counter-claim. Which statement correctly states the position under Order VIII Rule 6A CPC?

  1. A counter-claim must be filed with the written statement and cannot be entertained if filed later under any circumstance
  2. A counter-claim operates as an independent suit and requires a separate court fee and separate plaint in every case
  3. A counter-claim may be set up only in a suit for money and only with the leave of the court
  4. A defendant may set up a counter-claim against the plaintiff's claim, and it has the same effect as a cross-suit, provided it is filed with the written statement or with leave thereafter Correct answer.

Explanation

Order VIII Rule 6A allows the defendant to set up a counter-claim against the plaintiff's claim, and Rule 6A(2) provides that such counter-claim has the same effect as a cross-suit so as to enable the court to pronounce a final judgment on both the original claim and the counter-claim. It is ordinarily to be filed with the written statement, though the court may permit it to be raised later.

Question 4Civil Procedure Code, 1908

A plaintiff files a suit against three defendants who are jointly liable. On the date fixed for hearing, the plaintiff does not appear. The defendants are present. What is the correct course under Order IX Rule 8 CPC?

  1. The court must adjourn the matter and issue notice to the plaintiff before any order
  2. The court must decree the suit in favour of the defendants on the merits without any evidence
  3. The court must dismiss the suit as against all defendants
  4. The court may dismiss the suit, but where the defendants have set up a counter-claim or set-off, the court may proceed to decide that claim Correct answer.

Explanation

Order IX Rule 8 provides that where the defendant appears and the plaintiff does not appear, the court shall dismiss the suit unless the defendant admits the claim or part thereof, in which case a decree is passed on admission. Where the defendant has a counter-claim or set-off, the court may proceed to decide it notwithstanding the dismissal of the plaintiff's suit.

Question 5Civil Procedure Code, 1908

Which of the following is a decree within the meaning of Section 2(2) CPC?

  1. An order rejecting a plaint under Order VII Rule 11 Correct answer.
  2. An order refusing to grant an adjournment
  3. An order dismissing an appeal for want of prosecution
  4. An order returning a plaint for presentation to the proper court

Explanation

Section 2(2) defines a decree as the formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy. An order rejecting a plaint is expressly deemed a decree under Order VII Rule 11, whereas the other orders are interlocutory or procedural.

Question 6Civil Procedure Code, 1908

A defendant, after entering appearance, fails to file a written statement within the time allowed and the court proceeds under Order VIII Rule 10 CPC. Which statement best describes the court's power?

  1. The court must pronounce judgment against the defendant without any evidence
  2. The court may pronounce judgment against the defendant or make such order in relation to the suit as it thinks fit Correct answer.
  3. The court must strike off the defendant's defence and proceed ex parte
  4. The court must adjourn the suit and grant further time as a matter of course

Explanation

Order VIII Rule 10 confers a discretion on the court either to pronounce judgment against the defendant or to make such other order in relation to the suit as it thinks fit. The Supreme Court has clarified that the court is not obliged to pass a judgment against the defendant mechanically in every case.

Question 7Civil Procedure Code, 1908

A plaint is filed in the court of the Civil Judge (Junior Division) which has no territorial jurisdiction. Which order should the court pass?

  1. Dismiss the suit under Order IX Rule 8
  2. Reject the plaint under Order VII Rule 11
  3. Return the plaint under Order VII Rule 10 for presentation to the proper court Correct answer.
  4. Transfer the suit under Section 24 to the court having jurisdiction

Explanation

Where the court finds at any stage that it has no jurisdiction, Order VII Rule 10 requires it to return the plaint to be presented to the court in which the suit should have been instituted. Rejection under Rule 11 is confined to the grounds specified there, which do not include want of territorial jurisdiction.

Question 8Civil Procedure Code, 1908

In a suit before the Civil Judge (Junior Division), the plaintiff seeks to amend the plaint to enhance the valuation of the suit so as to oust the jurisdiction of that court. Which principle governs the application under Order VI Rule 17 CPC?

  1. Amendment must be allowed as of right if filed before the trial commences, irrespective of its effect on jurisdiction
  2. Amendment may be refused if it is sought to introduce a claim that changes the character of the suit or takes away the jurisdiction of the court Correct answer.
  3. Amendment must be refused in every case where the suit valuation is enhanced after the first hearing
  4. Amendment cannot be allowed after the framing of issues under any circumstance

Explanation

Order VI Rule 17 permits amendment at any stage if it is necessary for determining the real question in controversy, but the proviso bars amendment after the trial has commenced unless the court is satisfied that the party could not have raised the matter earlier despite due diligence. Even so, an amendment that alters the fundamental character of the suit or ousts jurisdiction may be refused as it would prejudice the opposite party.

Question 9Civil Procedure Code, 1908

Which of the following is not a ground for rejection of a plaint under Order VII Rule 11 CPC?

  1. Where the plaintiff has failed to file documents along with the plaint Correct answer.
  2. Where the suit appears from the statement in the plaint to be barred by any law
  3. Where the relief claimed is undervalued and the plaintiff fails to correct the valuation within the time fixed
  4. Where the plaint does not disclose a cause of action

Explanation

Order VII Rule 11 lists six grounds for rejection, including absence of cause of action, undervaluation of relief, and the suit appearing to be barred by law. Failure to file documents with the plaint is not one of the grounds; Order VII Rule 14 deals with production of documents but non-compliance does not attract rejection.

Question 10Civil Procedure Code, 1908

A suit is filed against a minor defendant. Under Order XXXII CPC, who is competent to act as guardian ad litem?

  1. Only the Collector of the district where the minor resides
  2. Any person who is willing to act, provided the court records his consent
  3. The father or mother or the person in whose care the minor is, and if none is fit, any person appointed by the court Correct answer.
  4. Only a legal practitioner engaged by the plaintiff

Explanation

Order XXXII Rule 4 provides that where a minor is a party, the court shall appoint a guardian ad litem, and the father, mother, or the person in whose care the minor is, is ordinarily the fit person. If none of them is fit or willing, the court may appoint any other suitable person.

Question 11Civil Procedure Code, 1908

A plaint is presented against a defendant who resides outside India. Which provision governs the jurisdiction of the Indian court in a suit for breach of contract where the cause of action arose in Haryana?

  1. Section 19 CPC, because the wrong was committed within the jurisdiction
  2. Section 15 CPC, because the lowest court must be chosen
  3. Section 20 CPC, because the cause of action arose within the jurisdiction Correct answer.
  4. Section 16 CPC, because the contract relates to property

Explanation

Section 20 CPC permits a suit to be instituted where the defendant resides, carries on business, or personally works for gain, or where the cause of action wholly or partly arises. Where the cause of action arises in Haryana, the court there has jurisdiction even if the defendant resides abroad, subject to Section 20(c) and the rules on leave under Clause 12 of the Letters Patent where applicable.

Question 12Civil Procedure Code, 1908

A party seeks to examine a witness who is unable to attend court owing to illness. Under Order XVI CPC, which mode of examination is permissible?

  1. The court must transfer the suit to the court where the witness resides
  2. The court may issue a commission under Order XXVI for examination of the witness Correct answer.
  3. The court must dismiss the suit for want of the witness
  4. The court must record the statement of the witness by telephone without any order

Explanation

Order XVI provides for summoning of witnesses and Order XXVI Rule 4 empowers the court to issue a commission for the examination of a witness who is unable to attend court owing to sickness or other sufficient cause. The court may also permit examination by video conferencing in appropriate cases, but the formal route is a commission.

Question 13Civil Procedure Code, 1908

Which of the following orders is appealable under Section 104 CPC read with Order XLIII Rule 1?

  1. An order directing a witness to produce a document
  2. An order refusing to allow a party to amend his pleadings
  3. An order setting aside an ex parte decree Correct answer.
  4. An order refusing an adjournment

Explanation

Section 104 read with Order XLIII Rule 1 makes certain orders appealable, including an order setting aside an ex parte decree under Order IX Rule 13. Orders refusing amendment, refusing adjournment, or directing production of documents are not listed and are therefore not appealable under these provisions.

Question 14Civil Procedure Code, 1908

A suit is decreed ex parte against a defendant who was duly served but did not appear. Within what period must an application under Order IX Rule 13 CPC be made?

  1. Within ninety days from the date of the decree
  2. Within fifteen days from the date of the decree
  3. Within one year from the date of the decree
  4. Within thirty days from the date of the decree or from the date of knowledge of the decree, whichever is later Correct answer.

Explanation

Order IX Rule 13 requires an application to set aside an ex parte decree to be made within thirty days from the date of the decree, or where the summons was not duly served, from the date when the applicant had knowledge of the decree. The period is governed by Article 123 of the Limitation Act, 1963.

Question 15Civil Procedure Code, 1908

A plaintiff wishes to sue the State Government in respect of a tort committed by its servant. What notice is required under Section 80 CPC?

  1. A notice of one month must be given in every case without exception
  2. No notice is required because the State is not a person
  3. A notice of two months must be given before institution of the suit, except in cases of urgent relief where the court may grant leave to sue without notice Correct answer.
  4. A notice of three months must be given and the suit can be filed immediately thereafter

Explanation

Section 80 CPC requires that no suit shall be instituted against the Government or a public officer in respect of any act purporting to be done in his official capacity until the expiration of two months next after notice in writing has been delivered. The section also permits the court, on an application, to grant leave to institute the suit without notice where the relief sought is urgent.

Question 16Civil Procedure Code, 1908

In a suit before the Civil Judge (Junior Division), the defendant dies and his legal representatives are not brought on record within the time allowed by law. What is the consequence under Order XXII CPC?

  1. The plaint is rejected under Order VII Rule 11
  2. The suit abates as against the deceased defendant, and the abatement may be set aside on an application within the prescribed period Correct answer.
  3. The suit is automatically decreed in favour of the plaintiff
  4. The suit is transferred to the court of the District Judge

Explanation

Order XXII Rule 4 requires the plaintiff to bring the legal representatives of a deceased defendant on record within the time limited by law. If no application is made, the suit abates under Rule 4(3), and the plaintiff may apply under Rule 9 to set aside the abatement within the period of limitation.

Question 17Civil Procedure Code, 1908

Which statement correctly describes the doctrine of res judicata under Section 11 CPC?

  1. It applies only where the earlier decision was ex parte
  2. It applies only to suits for money and not to suits for declaration
  3. It bars a second suit only where the earlier suit was decided by the High Court
  4. It bars a second suit only where the parties and the property are identical and the court was competent to decide the earlier suit Correct answer.

Explanation

Section 11 requires that the matter directly and substantially in issue in the subsequent suit must have been directly and substantially in issue in the former suit, between the same parties or their representatives, litigated under the same title, and decided by a court competent to try the subsequent suit. The doctrine bars re-litigation of issues finally decided.

Question 18Civil Procedure Code, 1908

A court, while trying a suit, finds that a document relied upon by the plaintiff is insufficiently stamped. What is the correct course under the Stamp Act read with the CPC?

  1. The court must dismiss the suit because the document is void
  2. The court must reject the document as inadmissible and cannot permit impounding
  3. The court must send the document to the Collector without any order for payment
  4. The court may impound the document and require the party to pay the deficit duty and penalty before admitting it in evidence Correct answer.

Explanation

Where an instrument is insufficiently stamped, the court may impound it and require the person producing it to pay the deficit duty together with the penalty prescribed by the Stamp Act. Once the deficiency and penalty are paid, the document becomes admissible in evidence.

Question 19Civil Procedure Code, 1908

Under Section 9 CPC, a civil court has jurisdiction to try all suits of a civil nature except those of which cognizance is expressly or impliedly barred. Which of the following is a suit of a civil nature?

  1. A suit for enforcement of a right to worship in a temple, where the question is purely religious
  2. A suit for recovery of rent due under a lease of immovable property Correct answer.
  3. A suit for the punishment of an offence
  4. A suit challenging the validity of a caste order

Explanation

A suit for recovery of rent due under a lease is a suit of a civil nature because it concerns a civil right, namely the enforcement of a contractual obligation. Suits involving purely religious questions, caste disputes, or punishment for offences are not civil suits within Section 9.

Question 20Civil Procedure Code, 1908

A party aggrieved by an order of the Civil Judge (Junior Division) dismissing an application for temporary injunction under Order XXXIX Rules 1 and 2 CPC may prefer an appeal under which provision?

  1. Section 104 read with Order XLIII Rule 1(r) CPC Correct answer.
  2. Section 96 CPC as an appeal from the original decree
  3. Section 115 CPC as a revision only, with no appeal
  4. Section 100 CPC as a second appeal

Explanation

Order XLIII Rule 1(r) makes an order under Order XXXIX Rules 1 and 2 appealable, and Section 104 provides the right of appeal from such appealable orders. The appeal lies to the court authorised to hear appeals from the decisions of the court making the order.

Question 21Civil Procedure Code, 1908

In a suit for partition of joint family property, the plaintiff seeks to add a new defendant who is a transferee of a share. Which provision governs addition of parties?

  1. Order IX Rule 5 CPC
  2. Order II Rule 2 CPC
  3. Order I Rule 10 CPC Correct answer.
  4. Order VI Rule 17 CPC

Explanation

Order I Rule 10 empowers the court to add or strike out parties at any stage of the proceedings where it appears necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the suit. It is the appropriate provision for adding a transferee whose presence is necessary for a complete partition.

Question 22Civil Procedure Code, 1908

A plaintiff files a suit for declaration and injunction in the court of the Civil Judge (Junior Division). The defendant contends that the suit is barred by limitation. How should the court deal with this objection under the CPC?

  1. The court must transfer the suit to the court of the District Judge
  2. The court must refer the question to the High Court for opinion
  3. The court must dismiss the suit at the threshold in every case where limitation is pleaded
  4. The court must reject the plaint under Order VII Rule 11(d) if the bar of limitation is apparent from the plaint itself Correct answer.

Explanation

Order VII Rule 11(d) permits rejection of a plaint where the suit appears from the statement in the plaint itself to be barred by any law, including limitation. If the bar is not apparent on the face of the plaint, limitation is a mixed question of fact and law to be tried as an issue.

Question 23Civil Procedure Code, 1908

Which of the following statements about the power of the court to order discovery under Order XI CPC is correct?

  1. A party may be ordered to make discovery of documents on oath, and the court may also order interrogatories to be answered Correct answer.
  2. Discovery may be ordered only in suits involving immovable property
  3. Discovery is confined to documents produced by the plaintiff
  4. Discovery is available only after the decree is passed

Explanation

Order XI provides for discovery by interrogatories and discovery of documents. A party may be required to answer interrogatories on oath and to make discovery of documents relevant to the matters in question, subject to the court's control and the exceptions in the rules.

Question 24Civil Procedure Code, 1908

A plaint is filed in the court of the Civil Judge (Junior Division) and the defendant appears and files a written statement. The court finds that the suit is not maintainable for want of a statutory notice. What is the appropriate order?

  1. The court must dismiss the suit under Order IX Rule 8
  2. The court may reject the plaint under Order VII Rule 11(d) if the suit appears from the plaint to be barred by law Correct answer.
  3. The court must return the plaint under Order VII Rule 10
  4. The court must transfer the suit to the court of the District Judge

Explanation

Where the absence of a statutory notice is apparent from the plaint itself and the suit is therefore barred by law, the plaint may be rejected under Order VII Rule 11(d). If the defect is not apparent from the plaint, it is a matter for trial and may result in dismissal.

Question 25Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Under the Code of Criminal Procedure, 1973, which court is the primary court of original jurisdiction for the trial of offences under the Indian Penal Code, apart from the High Court and Sessions Court?

  1. The Court of Session
  2. The Court of the Executive Magistrate
  3. The Court of the Judicial Magistrate First Class Correct answer.
  4. The Court of the Chief Judicial Magistrate

Explanation

Section 6 read with Section 26 CrPC establishes the Criminal Courts hierarchy, and Section 29(1) empowers the Judicial Magistrate First Class to try offences punishable with imprisonment up to three years. The Magistrate First Class is the ordinary court of original jurisdiction for most IPC offences not triable exclusively by the Sessions Court. Executive Magistrates are not criminal courts for trial of IPC offences.

Question 26Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

A police officer in Haryana, after completing investigation of a cognizable offence, finds sufficient evidence. Under Section 173 CrPC, what must the officer forward to the Magistrate?

  1. Only the charge-sheet and the list of witnesses
  2. A certified copy of the FIR alone
  3. A report in the prescribed form with the evidence collected and the officer's opinion on the case Correct answer.
  4. A final report of closure unless directed otherwise

Explanation

Section 173(2) requires the officer in charge of a police station to forward to the Magistrate empowered to take cognizance a report in the form prescribed by the State Government, containing details of the offence, the accused, witnesses, and the evidence collected. The report must also state whether the accused has been arrested and whether the officer considers the case fit for prosecution.

Question 27Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Which of the following is the correct statement about the power of a police officer to arrest without warrant under Section 41 CrPC?

  1. The power is available for any cognizable offence subject to the conditions and safeguards in Chapter V Correct answer.
  2. The power is available only with prior written permission of the Magistrate
  3. The power is exercisable only for offences punishable with death or life imprisonment
  4. The power is available only if the accused has previously been convicted of an offence

Explanation

Section 41(1) empowers a police officer to arrest without an order from a Magistrate and without a warrant any person involved in a cognizable offence, subject to the safeguards introduced by Section 41A to 41D, including notice of appearance where arrest is not necessary. The power is not confined to the gravest offences nor dependent on prior conviction.

Question 28Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

A Magistrate records a confession during the investigation of a case. Which statement correctly reflects the requirement under Section 164 CrPC?

  1. The confession may be recorded by any police officer of the rank of Inspector or above
  2. The confession is recorded in the presence of the police officer investigating the case
  3. The confession need not be signed by the person making it if the Magistrate certifies it
  4. The Magistrate must warn the person that he is not bound to make a confession and that it may be used against him Correct answer.

Explanation

Section 164(2) requires the Magistrate, before recording a confession, to explain to the person that he is not bound to make it and that if he does so it may be used as evidence against him. This warning is a mandatory safeguard ensuring the voluntariness of the confession.

Question 29Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

A person arrested without warrant is produced before a Magistrate. Under Section 57 CrPC, within what maximum period must he be produced, and what is the consequence of failure?

  1. Within 24 hours excluding journey time, and failure renders the detention illegal Correct answer.
  2. Within 48 hours including journey time, and failure attracts only departmental action
  3. Within 24 hours excluding journey time, and failure extends the remand automatically
  4. Within 72 hours, and failure is cured by a subsequent remand order

Explanation

Section 57 mandates that no person arrested without warrant shall be detained in custody for more than twenty-four hours, exclusive of the time necessary for the journey from the place of arrest to the Magistrate's court, without a special order under Section 167. Detention beyond that period without an order is illegal and entitles the person to release.

Question 30Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Which of the following correctly describes the power of a Magistrate to take cognizance of an offence under Section 190 CrPC?

  1. The Magistrate may take cognizance only upon a complaint by the aggrieved person
  2. The Magistrate may take cognizance upon a police report, a complaint, or his own knowledge or information Correct answer.
  3. The Magistrate may take cognizance only after the sanction of the Public Prosecutor
  4. The Magistrate may take cognizance only upon a report forwarded by the Sessions Judge

Explanation

Section 190(1) empowers a Magistrate to take cognizance of any offence upon receiving a complaint of facts constituting an offence, upon a police report, or upon his own knowledge or suspicion that an offence has been committed. The third mode is rarely used but is statutorily available.

Question 31Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

A complainant dies after filing a complaint under Section 200 CrPC. What is the correct position regarding the continuation of the complaint?

  1. The Magistrate must dismiss the complaint for want of a complainant
  2. The legal heirs may continue the complaint if they are aggrieved persons Correct answer.
  3. The complaint survives only if the offence is non-compoundable
  4. The complaint abates automatically on the death of the complainant

Explanation

The death of a complainant does not automatically terminate the proceedings; the Magistrate may permit the legal representatives or other aggrieved persons to continue the complaint. The Court has consistently held that the complaint survives where the person seeking to continue is competent to do so.

Question 32Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Under Section 125 CrPC, which of the following persons is entitled to claim maintenance from a person having sufficient means?

  1. Only the legally wedded wife
  2. Only the parents and the wife
  3. Only the minor children and the wife
  4. The wife, children, and parents unable to maintain themselves Correct answer.

Explanation

Section 125(1) obliges a person with sufficient means to maintain his wife who is unable to maintain herself, his legitimate or illegitimate minor children, and his father or mother unable to maintain themselves. The provision is a measure of social justice and covers all three categories.

Question 33Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

A Sessions Judge receives an application for anticipatory bail. Under Section 438 CrPC, which court can grant anticipatory bail, and what is the position after the 2018 amendment?

  1. The Magistrate having jurisdiction over the offence
  2. Only the High Court
  3. The High Court or the Court of Session, and the power may be exercised even after the person is arrested Correct answer.
  4. Only the Court of Session

Explanation

Section 438 empowers the High Court and the Court of Session to grant anticipatory bail. The 2018 amendment clarified that the power may be exercised even after the arrest of the applicant, though it is ordinarily resorted to before arrest.

Question 34Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

A trial is pending before a Magistrate. The accused seeks to summon a witness for defence. What is the correct course under Section 243 CrPC?

  1. The accused must obtain the sanction of the Public Prosecutor before summoning a witness
  2. The accused must file an application before the charge is framed
  3. The accused can summon the witness only through the police investigating officer
  4. The accused may apply to the Magistrate, who shall summon the witness if the evidence is relevant and necessary Correct answer.

Explanation

Section 243(2) entitles the accused to apply to the Magistrate to summon any witness for the defence, and the Magistrate must issue process unless the application is made for the purpose of vexation or delay. The provision safeguards the accused's right to lead defence evidence.

Question 35Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Which of the following best describes the effect of Section 167 CrPC on remand of an accused in custody?

  1. The Magistrate may authorise detention for a maximum of 15 days without any further report
  2. The Magistrate may authorise detention indefinitely until the investigation is complete
  3. The Magistrate may authorise detention without any police report if the offence is cognizable
  4. The Magistrate may authorise detention in custody only upon a report from the police and for periods specified, subject to the maximum limits in the section Correct answer.

Explanation

Section 167 requires the investigation to be completed within the statutory periods, and the Magistrate may authorise detention from time to time upon a report from the police officer. The maximum period of remand varies with the nature of the offence and the stage of investigation, and further detention requires compliance with the section.

Question 36Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

A person is charged with an offence punishable with imprisonment of seven years. Which court is competent to try the offence under the First Schedule to the CrPC?

  1. The Court of the Chief Judicial Magistrate
  2. The Court of the Judicial Magistrate Second Class
  3. The Court of Session Correct answer.
  4. The Court of the Judicial Magistrate First Class

Explanation

Under the First Schedule to the CrPC, offences punishable with imprisonment for more than three years but not more than seven years are triable by the Court of Session. The Magistrate First Class is limited to offences punishable with imprisonment up to three years.

Question 37Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

A complainant seeks to withdraw a complaint under Section 257 CrPC. What is the correct position?

  1. The Magistrate may permit withdrawal only with the consent of the accused
  2. The Magistrate may permit withdrawal only before the issue of process
  3. The Magistrate may permit withdrawal at any time before the judgment is pronounced, and the accused shall be acquitted Correct answer.
  4. The Magistrate may permit withdrawal only if the offence is compoundable

Explanation

Section 257 allows the complainant, with the permission of the Magistrate, to withdraw the complaint at any time before the judgment is pronounced. Upon such withdrawal, the accused is acquitted, though the withdrawal does not bar a fresh complaint in certain circumstances.

Question 38Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Which of the following is a correct statement about the power of the High Court under Section 482 CrPC?

  1. The power may be exercised to prevent abuse of process or to secure the ends of justice, and is not a substitute for appeal Correct answer.
  2. The power is available only in appeals against conviction
  3. The power is available only after the Sessions Court has refused relief
  4. The power may be exercised only by a Division Bench

Explanation

Section 482 preserves the inherent powers of the High Court to make such orders as may be necessary to give effect to the CrPC, to prevent abuse of the process of any court, or otherwise to secure the ends of justice. The jurisdiction is extraordinary and cannot be invoked as a substitute for appeal or revision.

Question 39Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

An offence is committed in Haryana but the accused is found in Punjab. Under Section 78 CrPC, where may the offence be inquired into or tried?

  1. In the court within whose jurisdiction the offence was committed, or in the court where the accused is found Correct answer.
  2. Only in the court where the accused is found
  3. Only in the High Court having jurisdiction over both States
  4. Only in the court within whose jurisdiction the offence was committed

Explanation

Section 78 provides that where an offence is committed in one place and the accused is found in another, the offence may be inquired into or tried by a court having jurisdiction over either the place of commission or the place where the accused is found. This facilitates trial without extradition between States.

Question 40Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Which statement correctly reflects the law on the right of an accused to be examined under Section 313 CrPC?

  1. The examination may be conducted only through the defence counsel
  2. The examination is mandatory and the accused must be questioned on the circumstances appearing against him Correct answer.
  3. The examination is conducted before the prosecution evidence is complete
  4. The examination is optional and may be dispensed with entirely

Explanation

Section 313 mandates that the court examine the accused after the prosecution evidence is complete, for the purpose of enabling him to explain personally any circumstance appearing in the evidence against him. The questioning cannot be dispensed with, though the form and manner are within the court's discretion.

Question 41Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

A Magistrate takes cognizance of an offence on a police report. The accused seeks discharge under Section 239 CrPC. What is the correct test the Magistrate must apply?

  1. Whether the complainant has consented to the discharge
  2. Whether the material on record discloses grounds for presuming that the accused has committed the offence Correct answer.
  3. Whether the accused has been named in the FIR
  4. Whether the accused has been previously convicted

Explanation

Section 239 requires the Magistrate, upon considering the police report and the documents and hearing the parties, to discharge the accused if the charge is groundless. The test is whether there are sufficient grounds for proceeding against the accused, not whether guilt is established beyond reasonable doubt.

Question 42Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Which of the following correctly describes the procedure for trial of summons cases under Chapter XX CrPC?

  1. The complainant must lead evidence before the accused is examined
  2. The accused must be tried only after a charge is framed in writing
  3. The Magistrate may convict the accused on his plea of guilty and may proceed summarily in appropriate cases Correct answer.
  4. The trial must be conducted by a Sessions Judge

Explanation

In summons cases, Section 251 requires the substance of the accusation to be stated to the accused, and Section 252 to 255 permit the Magistrate to convict on a plea of guilty, or to proceed to trial. No formal written charge is required in summons cases, unlike warrant cases.

Question 43Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

A witness who is summoned refuses to attend without lawful excuse. Under Section 350 CrPC, what power does the court have?

  1. The court may direct the police to register an FIR against the witness
  2. The court may impose a fine and order the witness to be brought before it Correct answer.
  3. The court may commit the witness to the Sessions Court
  4. The court may only adjourn the matter

Explanation

Section 350 empowers the court, where a witness fails to attend without lawful excuse, to impose a fine and to issue a warrant for his attendance. The provision ensures compliance with summonses and the smooth conduct of trial.

Question 44Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Under Section 161 CrPC, a police officer may examine witnesses during investigation. Which statement about the recorded statements is correct?

  1. The statement must be recorded in the presence of a Magistrate
  2. The statement may be signed by the witness
  3. The statement shall not be signed by the witness and may be used only for contradiction as provided in Section 162 Correct answer.
  4. The statement may be used by the accused during trial as substantive evidence

Explanation

Section 161 statements are not to be signed by the witness, and Section 162 restricts their use at trial to contradiction of the witness in the manner provided by the Evidence Act. They are not substantive evidence in themselves.

Question 45Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

A person is convicted by a Magistrate and wishes to appeal. Under Section 374 CrPC, which court is the appellate forum for a conviction by a Judicial Magistrate First Class in a case punishable with imprisonment up to three years?

  1. The Supreme Court
  2. The High Court
  3. The Court of the Chief Judicial Magistrate
  4. The Court of Session Correct answer.

Explanation

Section 374(3) provides that appeals from convictions by a Magistrate shall lie to the Court of Session where the sentence exceeds one month, and to the Sessions Court generally for convictions by a Magistrate of the first class. The Sessions Court is the ordinary appellate forum for Magistrate convictions.

Question 46Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

Which of the following correctly states the effect of Section 300 CrPC on a person once convicted or acquitted?

  1. A person once convicted may be retried by a superior court without an appeal
  2. A person once convicted or acquitted shall not be tried again for the same offence while the conviction or acquittal subsists Correct answer.
  3. A person once acquitted may be retried by the High Court on its own motion
  4. A person once convicted may be tried again for the same offence if new evidence emerges

Explanation

Section 300 embodies the rule against double jeopardy, providing that a person who has once been tried by a court of competent jurisdiction and convicted or acquitted shall not be liable to be tried again for the same offence while the conviction or acquittal subsists. Exceptions exist for subsequent discovery of facts and for the High Court's powers, but the general rule bars retrial.

Question 47Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

A Magistrate records a dying declaration under Section 32 of the Evidence Act during investigation. Which procedural safeguard under the CrPC is most directly relevant to ensuring its voluntariness?

  1. The statement must be recorded only after the charge-sheet is filed
  2. The statement must be signed by the accused
  3. The statement must be recorded in the presence of the investigating officer
  4. The Magistrate must certify that the declarant was in a fit state of mind to make the statement Correct answer.

Explanation

While dying declarations are governed by the Evidence Act, the CrPC framework for recording statements of a person likely to die requires the Magistrate to verify and certify the declarant's fitness of mind. This certification supports the voluntariness and reliability of the statement.

Question 48Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita

A Magistrate exercises power under Section 156(3) CrPC on a complaint alleging a cognizable offence. Which statement correctly reflects the scope of this power?

  1. The Magistrate may direct investigation, but the investigating agency is not ordinarily subject to the Magistrate's interference in the conduct of investigation Correct answer.
  2. The Magistrate may direct investigation only if the police have already refused to register an FIR in writing
  3. The Magistrate may direct investigation only after examining the complainant on oath
  4. The Magistrate may direct investigation and also monitor the investigation closely

Explanation

Section 156(3) empowers a Magistrate to order investigation into a cognizable offence. The Supreme Court has clarified that while the Magistrate may direct investigation, the conduct of the investigation is the domain of the police, and the Magistrate should not ordinarily interfere with it.

Question 49Indian Penal Code, 1860 / Bharatiya Nyaya Sanhita

Under the Bharatiya Nyaya Sanhita, 2023, which provision defines 'murder' and its exceptions, replacing the corresponding provisions of the Indian Penal Code, 1860?

  1. Section 105
  2. Section 103 Correct answer.
  3. Section 101
  4. Section 302

Explanation

The Bharatiya Nyaya Sanhita, 2023 replaced the IPC and renumbered its provisions. Murder is defined in Section 103 of the BNS, which corresponds to Sections 300 and 302 of the IPC, while culpable homicide remains in Section 100.

Question 50Indian Penal Code, 1860 / Bharatiya Nyaya Sanhita

A person who commits theft in a building used as a dwelling house at night, having made preparation for causing hurt, is liable under the BNS for aggravated theft. Which ingredient distinguishes this aggravated form from simple theft?

  1. The theft must have been committed by two or more persons jointly
  2. The property stolen must exceed a prescribed value
  3. The offender must have made preparation for causing hurt, fear of hurt or death Correct answer.
  4. The offender must have entered after breaking a lock

Explanation

Aggravated theft in a dwelling house turns on the offender having made preparation for causing hurt, fear of hurt or death, or having attempted to cause such hurt, in addition to the dwelling-house context. Value of property, breaking a lock, or plurality of offenders are separate aggravated forms and do not define this one.