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Maharashtra Civil Judge (JD) & JMFC study materials
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Maharashtra Civil Judge (JD) & JMFC practice questions

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Question 1Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

Under the Code of Civil Procedure, 1908, what must every pleading contain?

  1. A statement of material facts, but not the evidence Correct answer.
  2. A list of the documents and witnesses to be relied on at the hearing
  3. A full narration of the evidence on which the party intends to rely at the trial
  4. The precise legal provisions under which the suit is filed

Explanation

Order VI Rule 2 requires every pleading to contain a statement of the material facts on which the party relies, but not the evidence by which those facts are to be proved. The purpose is to define the points in controversy so that the opposite party knows the case it must meet. Evidence is led at the stage of trial, not pleaded.

Question 2Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

A suit for recovery of possession of immovable property must, under section 16 CPC, be instituted in the court within whose jurisdiction:

  1. the defendant voluntarily resides or carries on business
  2. the property is situate Correct answer.
  3. the cause of action wholly or partly arises
  4. the plaintiff resides at the time of filing the suit

Explanation

Section 16 lays down that suits for recovery of possession of immovable property, partition, foreclosure, redemption and the like must be instituted where the property is situate. This is a rule of territorial jurisdiction operating as an exception to the general rule in section 20. Residence of the parties or the place of accrual of the cause of action is immaterial for such suits.

Question 3Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

A sues B for possession of a house; the suit is dismissed after a full trial on merits. A then files a fresh suit against B on the same title and for the same relief. What is the effect?

  1. The fresh suit is barred under section 10, since a previous suit between the parties is pending
  2. The fresh suit is maintainable if A pays the court fee afresh on the same claim
  3. The fresh suit is barred under section 11, since the matter was directly and substantially in issue and was finally decided Correct answer.
  4. The fresh suit is maintainable, because a decree dismissing a suit is not a decision on merits and cannot bar a fresh suit

Explanation

Section 11 bars a subsequent suit where the matter directly and substantially in issue in the former suit was heard and finally decided by a competent court between the same parties. A dismissal after contest is a decision on merits and operates as res judicata, preventing retrial of the same issue. Finality of litigation is the policy behind the rule.

Question 4Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

Which of the following is a ground on which a plaint may be rejected under Order VII Rule 11 CPC?

  1. The plaintiff has not annexed copies of the documents relied upon
  2. The plaint is not signed by the plaintiff's recognised agent
  3. The plaint is not verified in the manner required by law
  4. The suit appears from the statement in the plaint to be barred by any law Correct answer.

Explanation

Order VII Rule 11 permits rejection of a plaint, among other grounds, where the suit appears from the statement in the plaint itself to be barred by any law. The court examines the plaint and the documents filed with it, treating the averments as true. Defects such as want of signature or verification are curable and are not grounds for rejection.

Question 5Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

A plaintiff seeks to amend the plaint after the trial has commenced to raise a matter which, with due diligence, could have been raised before the trial began. What is the correct approach under Order VI Rule 17?

  1. The amendment must be allowed as of right, as the court has no power to refuse an amendment sought at any stage of the proceeding
  2. The amendment may be allowed only with the written consent of the opposite party
  3. The court may refuse it, as no amendment is allowed after trial commences unless due diligence is shown Correct answer.
  4. The amendment must be refused outright in every case once issues have been framed

Explanation

The proviso to Order VI Rule 17 bars amendment after the trial has commenced unless the court concludes that the party could not have raised the matter earlier despite due diligence. Amendment is not an absolute right once trial begins. The court balances the need to decide the real controversy against prejudice and delay.

Question 6Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

Under Order VIII Rule 1 CPC, within what period must a defendant present a written statement, and to what extent may that period be extended?

  1. Within 30 days of service of summons, extendable up to 90 days Correct answer.
  2. Within 60 days of service of summons, extendable up to 120 days
  3. Within 90 days of service of summons, not extendable
  4. Within 15 days of service of summons, extendable up to 45 days

Explanation

Order VIII Rule 1 requires the defendant to file a written statement within thirty days from the date of service of summons. Its proviso allows the court, for reasons to be recorded in writing, to extend the period, but not beyond ninety days in all. This outer limit was introduced to expedite trials.

Question 7Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

A claim of set-off under Order VIII Rule 6 CPC is available to the defendant where the amount claimed by him is:

  1. a sum claimed as general damages for breach of contract
  2. any sum which the defendant bona fide believes to be due from the plaintiff
  3. an unliquidated amount to be ascertained by the court at trial
  4. an ascertained sum of money legally recoverable from the plaintiff Correct answer.

Explanation

Order VIII Rule 6 permits a set-off only where the defendant claims an ascertained sum of money legally recoverable from the plaintiff, not exceeding the pecuniary limits of the court, and both parties fill the same character in the suit as in the claim. Unliquidated or disputed claims are outside the rule.

Question 8Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

In a suit for recovery of money, the defendant sets up a claim against the plaintiff for damages arising out of the same transaction. Which provision governs this?

  1. Order VIII Rule 6, because the claim is an ascertained sum recoverable as a set-off
  2. Order VIII Rule 6A, because it is a counterclaim Correct answer.
  3. Order II Rule 2, because the defendant ought to have sued for damages earlier
  4. Section 10, because the claim involves the same parties and the same subject matter

Explanation

Order VIII Rule 6A allows a defendant to set up by way of counterclaim any right or claim in respect of a cause of action accruing against the plaintiff, whether before or after the filing of the written statement. A counterclaim is treated as a cross-suit by the defendant. Since damages for breach are unliquidated, the remedy lies in a counterclaim rather than in statutory set-off.

Question 9Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

A sues B for possession of a plot and omits, without the leave of the court, to claim mesne profits for the period covered by the suit. What is the consequence under Order II Rule 2?

  1. The plaintiff is precluded from suing for the omitted relief in a later suit Correct answer.
  2. The omitted claim is barred only if the court records the omission in the decree
  3. The omitted claim may be sued on later, as mesne profits form a distinct cause of action
  4. The plaintiff may sue later provided the value of the omitted claim exceeds the court fee paid

Explanation

Order II Rule 2 requires every suit to include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action. Where a portion is relinquished or omitted without the leave of the court, the plaintiff cannot afterwards sue in respect of that portion. Mesne profits flowing from the same cause of action fall within the rule.

Question 10Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

A second appeal under section 100 CPC lies to the High Court only where:

  1. the value of the subject matter exceeds the amount fixed by the High Court
  2. the lower appellate court has reversed a finding of fact
  3. the case involves a substantial question of law Correct answer.
  4. both parties agree that the appeal should be heard

Explanation

Section 100 restricts second appeals to cases involving a substantial question of law, which must be formulated at the time of admission. Findings of fact recorded by the first appellate court are generally final. The memorandum must state the substantial question of law relied upon.

Question 11Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

After the 1999 amendment of section 115 CPC, the power of revision is exercisable by:

  1. the court which passed the original decree, on an application by the aggrieved party
  2. any civil court subordinate to the High Court in respect of its own proceedings
  3. the District Court where the order is passed by a court subordinate to it
  4. the High Court, in respect of orders passed by courts subordinate to it Correct answer.

Explanation

Section 115 as amended in 1999 vests the revisional power in the High Court alone; the District Court no longer exercises it. Revisions are entertained where the subordinate court appears to have exercised a jurisdiction not vested in it, failed to exercise a jurisdiction so vested, or acted illegally or with material irregularity. The order must also occasion a failure of justice or cause irreparable injury.

Question 12Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

In execution, the judgment-debtor objects that the decree is invalid because the trial court misconstrued a statutory provision. How should the executing court deal with this objection?

  1. It must stay execution until the objection is finally decided by the appellate court
  2. It must refer the objection to the court which passed the decree for its opinion
  3. It cannot entertain the objection, as it may not go behind the decree Correct answer.
  4. It must decide the objection, as all questions relating to the decree fall within section 47

Explanation

Section 47 empowers the executing court to decide questions relating to the execution, discharge or satisfaction of the decree, but it cannot sit in appeal over the decree. Where the decree is regular on its face, the executing court must take it as it stands and cannot examine the correctness of the findings on which it rests. The remedy lies in appeal, not in execution.

Question 13Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

Under section 60 CPC, which of the following is exempt from attachment and sale in execution of a decree?

  1. A motor car used by the judgment-debtor to travel to work
  2. Cooking vessels necessary for the judgment-debtor's family Correct answer.
  3. A fixed deposit receipt held by the judgment-debtor in a bank
  4. A residential house owned and occupied by the judgment-debtor

Explanation

The proviso to section 60(1) lists property that is exempt from attachment and sale, including cooking vessels and other necessary household items, wearing apparel, and beds and bedding of the judgment-debtor and his family. The exemption protects the minimum means of subsistence. A motor car, a residential house and bank deposits are not within the exempted categories.

Question 14Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

How is immovable property of the judgment-debtor attached in execution under Order XXI Rule 54?

  1. By registration of the decree in the office of the Sub-Registrar
  2. By proclamation of attachment affixed on the property and in the court house Correct answer.
  3. By actual seizure of the property by the bailiff and delivery of possession to the decree-holder
  4. By publication of the attachment in the Official Gazette alone

Explanation

Order XXI Rule 54 provides that attachment of immovable property is effected by an order prohibiting the judgment-debtor from transferring or charging the property, and by proclamation of that order affixed on a conspicuous part of the property and in the court house. Where the property is registered, a copy is also sent to the registering officer. Possession is not delivered at the stage of attachment.

Question 15Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

An auction sale in execution is challenged on the ground that the property was attached without proper proclamation. What must the applicant establish for the sale to be set aside?

  1. That there was material irregularity or fraud in publishing or conducting the sale, causing substantial injury Correct answer.
  2. That the sale is void, so that the court may set it aside suo motu at any time
  3. That the judgment-debtor has deposited the entire decretal amount in court
  4. That some irregularity in the proclamation is shown, however technical

Explanation

Order XXI Rule 90 permits setting aside a sale on the ground of a material irregularity or fraud in publishing or conducting it, but only where the applicant has sustained substantial injury by reason of such irregularity or fraud. Both elements must be pleaded and proved. A merely technical defect without resultant injury is not enough.

Question 16Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

Section 10 CPC requires a court to stay the trial of a suit where:

  1. the same plaintiff has instituted another suit against the same defendant on a different cause of action
  2. the defendant has filed a counterclaim in the suit
  3. an appeal arising out of the same subject matter is pending before the High Court
  4. the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, pending in a competent court Correct answer.

Explanation

Section 10 embodies the rule of res sub judice: no court shall proceed with the trial of a suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, litigating under the same title, before a court competent to grant the relief claimed. The section operates only where the earlier suit is still pending.

Question 17Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

Which of the following is the accepted test for granting a temporary injunction under Order XXXIX Rules 1 and 2?

  1. The plaintiff must show that the defendant has no arguable defence to the claim
  2. The plaintiff must deposit security equal to the value of the suit property
  3. The plaintiff must show a prima facie case, irreparable injury and that the balance of convenience lies in his favour Correct answer.
  4. The plaintiff must establish his title to the suit property beyond any reasonable doubt before an injunction can issue

Explanation

The grant of a temporary injunction is governed by the well-settled triple test: a prima facie case, irreparable injury that cannot be compensated in money, and the balance of convenience tilting in favour of the applicant. All three ingredients are ordinarily required. The court also considers whether the object of the suit would be defeated without interim protection.

Question 18Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

A plaintiff wishes to sue a State Government and seeks to institute the suit without serving the statutory notice. What is the correct position under section 80 CPC?

  1. The suit may proceed if the plaintiff files the notice along with the plaint
  2. The suit may be instituted at once, since notice is required only after institution of the suit
  3. The suit may be instituted without notice only with the leave of the court, where the plaintiff seeks urgent or immediate relief Correct answer.
  4. The suit is barred absolutely, as the requirement of notice can never be waived

Explanation

Section 80(1) requires two months' previous notice to the Government before institution of the suit. Section 80(2), however, permits a suit to be instituted without such notice with the leave of the court where urgent or immediate relief is sought, though no interim direction can be issued against the Government without hearing it.

Question 19Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

A statute creates a right and provides a complete machinery for its enforcement. In a suit to enforce that right, how is the jurisdiction of the civil court viewed?

  1. The suit may be held not maintainable, because the statute's exclusive remedy excludes the jurisdiction of the civil court Correct answer.
  2. The suit is always maintainable, because every right created by statute is a civil right enforceable in a civil court
  3. The suit is barred only if the statute expressly uses the words 'jurisdiction is barred'
  4. The suit is maintainable only if the plaintiff also claims damages for the breach

Explanation

Section 9 confers jurisdiction on civil courts in suits of a civil nature except those whose cognizance is expressly or impliedly barred. Where a statute creates a special right and prescribes a complete and exclusive machinery for its enforcement, the jurisdiction of the civil court is held to be impliedly barred. An express exclusion clause is not indispensable for such a bar.

Question 20Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

An application under Order IX Rule 13 CPC lies to set aside:

  1. an order dismissing a suit for default of the plaintiff
  2. an ex parte decree, on showing sufficient cause for non-appearance Correct answer.
  3. a decree passed on the basis of an arbitral award
  4. a decree passed by a court of small causes in every case

Explanation

Order IX Rule 13 enables the defendant against whom an ex parte decree has been passed to apply to the court that passed it to set the decree aside, on showing sufficient cause for non-appearance when the suit was called for hearing, or on proof that the summons was not duly served. If the decree is set aside, the suit is restored to its original number.

Question 21Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

A decree-holder has levied execution while the judgment-debtor's first appeal is pending. What is the effect of the mere filing of the appeal on execution?

  1. It operates as an automatic stay of execution until the appeal is disposed of
  2. It does not operate as a stay; the judgment-debtor must apply for stay Correct answer.
  3. It operates as a stay unless the decree-holder furnishes security
  4. It operates as a stay only in appeals against decrees passed ex parte

Explanation

Order XLI Rule 5 provides that an appeal does not operate as a stay of proceedings under the decree unless the appellate court so directs. The decree-holder may execute the decree pending appeal, and the judgment-debtor must move the appellate court for stay, showing substantial loss if execution proceeds.

Question 22Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

An appeal lies from every decree passed by a court exercising original jurisdiction, except:

  1. a decree passed where the defendant remained absent throughout
  2. a decree passed by the court with the consent of the parties Correct answer.
  3. a decree passed in a suit involving immovable property above the appellate valuation limit
  4. a decree passed after a contest on the merits

Explanation

Section 96(3) expressly provides that no appeal lies from a decree passed by the court with the consent of the parties. A party who has consented to a decree cannot afterwards turn round and challenge it. The bar applies to consent decrees and does not extend to ex parte or contested decrees.

Question 23Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

A plaintiff withdraws his suit without obtaining the leave of the court to institute a fresh suit, and then sues again on the same cause of action. What is the result?

  1. The fresh suit is barred only if the withdrawal took place after the framing of issues
  2. The fresh suit is maintainable only after the plaintiff pays the costs of the earlier suit
  3. The fresh suit is barred, since withdrawal without leave precludes a fresh suit on the same subject matter Correct answer.
  4. The fresh suit is maintainable, since a withdrawal without leave leaves the cause of action untouched

Explanation

Order XXIII Rule 1(4) provides that where a plaintiff withdraws a suit without the leave of the court, he shall be precluded from instituting a fresh suit in respect of the same subject matter. Leave may be granted where the suit must fail by reason of a formal defect or where there are sufficient grounds.

Question 24Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

Two courts, one of a higher grade and one of a lower grade, are both competent to try a suit. Which court should the plaintiff approach?

  1. The court of the lowest grade competent to try it Correct answer.
  2. The court of higher grade, since it exercises supervisory powers over the lower court
  3. Either court, at the plaintiff's option, and the choice cannot be questioned
  4. The court of higher grade, if the value of the suit exceeds one lakh rupees

Explanation

Section 15 requires every suit to be instituted in the court of the lowest grade competent to try it. The rule is designed to prevent congestion of higher courts and to spare litigants unnecessary expense and inconvenience. Institution in a higher court in contravention of the rule is an irregularity that can be objected to under section 21.

Question 25Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

A representative suit under Order I Rule 8 CPC is permissible where:

  1. the value of the suit does not exceed the pecuniary jurisdiction of the court
  2. the suit relates exclusively to partnership property
  3. numerous persons have the same interest in the suit, and the court grants permission to sue or be sued in a representative capacity Correct answer.
  4. all the persons sought to be represented have given their consent in writing to the suit being brought on their behalf

Explanation

Order I Rule 8 permits one or more of numerous persons having the same interest in a suit to sue or be sued on behalf of all, with the permission of the court. Notice of the institution of the suit must be given to the persons represented, and the decree binds them. Consent of every represented person is not required.

Question 26Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

A party applies to amend its pleadings after the trial in the suit has already commenced. Under the proviso to Order VI Rule 17 CPC, the court may allow the amendment only where:

  1. the opposite party gives written consent to the proposed amendment
  2. the amendment is confined to correcting clerical or arithmetical errors
  3. the court concludes that the party could not have raised the matter earlier despite due diligence Correct answer.
  4. the amendment does not introduce any new document on record

Explanation

The proviso to Order VI Rule 17, inserted in 2002, bars amendment applications after trial has commenced unless the court concludes that, in spite of due diligence, the party could not have raised the matter before commencement of trial. Even then, the amendment must be necessary to determine the real question in controversy and must not cause prejudice that cannot be compensated by costs.

Question 27Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

A plaintiff values the relief claimed in the plaint at an amount lower than its proper value and, despite the court requiring him to correct the valuation within the time fixed, fails to do so. What is the correct course open to the court under the Code of Civil Procedure, 1908?

  1. Return the plaint to be presented to the proper court
  2. Strike the suit off the register
  3. Direct the plaintiff to pay the deficit court fee and proceed with the suit
  4. Reject the plaint Correct answer.

Explanation

Order VII Rule 11(b) requires the court to reject the plaint where the relief claimed is undervalued and the plaintiff, on being required to correct the valuation within the time fixed, fails to comply. Rejection on this ground does not by itself bar a fresh suit on the same cause of action if the defect is later cured.

Question 28Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

In a pending suit for recovery of money, the plaintiff applies for attachment before judgment of the defendant's property. Under Order XXXVIII Rule 5 CPC, the court may order such attachment only where:

  1. the plaintiff has already secured a money decree against the defendant in another suit
  2. the defendant has admitted the plaintiff's claim in writing during the proceedings
  3. the defendant owns immovable property situated outside the court's territorial jurisdiction
  4. the defendant is about to dispose of his property with intent to obstruct or delay execution Correct answer.

Explanation

Order XXXVIII Rule 5 permits attachment before judgment where the court is satisfied that the defendant, with intent to obstruct or delay execution of any decree that may be passed, is about to dispose of the whole or part of his property, or is about to remove it from the local limits of the court's jurisdiction. The rule further requires the court to demand security from the defendant and, if it is furnished, to withdraw the attachment.

Question 29Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

A sues B for recovery of possession of land. B's only defence in the earlier suit was that he is a tenant, and he omitted to plead that he had in the meantime perfected title by adverse possession, though that plea was available to him. The suit is decreed. In a later suit by B for a declaration of title based on adverse possession, the plea is:

  1. barred only if the earlier decree was passed by a court superior to the one trying the later suit
  2. permissible if B obtains the leave of the court that passed the earlier decree
  3. permissible, because the plea of adverse possession was never actually decided in the earlier suit
  4. barred, because that plea might and ought to have been raised as a defence in the earlier suit Correct answer.

Explanation

Explanation IV to section 11 CPC extends res judicata to any matter which might and ought to have been made a ground of defence in the former suit. A defence available to the defendant and deliberately or negligently omitted is treated as constructively decided against him, so the later suit is barred.

Question 30Code of Civil Procedure, 1908 - pleadings, jurisdiction, suits, appeals, execution

A suit has abated because the plaintiff's legal representatives were not brought on record in time. An application under Order XXII Rule 9(2) CPC to set aside the abatement must ordinarily be made within:

  1. thirty days from the date of the plaintiff's death
  2. one year from the date of the abatement order
  3. ninety days from the date of abatement
  4. sixty days from the date of abatement Correct answer.

Explanation

Order XXII Rule 9(2) requires an application to set aside abatement to be made within the time limited by law, and Article 121 of the Limitation Act, 1963 prescribes sixty days from the date of abatement. The applicant must also satisfy the court that he had sufficient cause for not applying to bring the legal representatives on record within the period allowed.

Question 31Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

Information relating to the commission of a cognizable offence is given orally to the officer in charge of a police station. Under Section 154 of the Code of Criminal Procedure, 1973, after reducing it to writing and reading it over to the informant, the officer must -

  1. obtain the informant's signature on the record so made Correct answer.
  2. forward the record to the Magistrate for his signature
  3. obtain attestation of the record by two respectable inhabitants of the locality
  4. obtain the informant's thumb impression in every case

Explanation

Section 154(1) requires the substance of the oral information to be reduced to writing by or under the direction of the officer in charge, read over to the informant and signed by the person giving it. The signature of the informant on the FIR is the statutory requirement; the report is thereafter forwarded to the Magistrate under Section 157.

Question 32Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

Statements made by a person to a police officer in the course of an investigation under Section 161 of the Code of Criminal Procedure, 1973 -

  1. may be signed if the police officer so requires
  2. must be signed by the person making them
  3. shall not be signed by the person making them Correct answer.
  4. must be signed only when recorded in the presence of a Magistrate

Explanation

Section 162(1) expressly prohibits the signature of any statement made to a police officer in the course of an investigation. The prohibition is designed to ensure that such statements are not treated as substantive evidence and are usable only for the limited purpose of contradiction.

Question 33Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

An accused is arrested in connection with an offence punishable with death, imprisonment for life or imprisonment of not less than ten years, and the investigation is not completed. Under Section 167(2) of the Code of Criminal Procedure, 1973, he becomes entitled to be released on bail on the expiry of -

  1. sixty days from the date of arrest
  2. one hundred and twenty days from the date of arrest
  3. thirty days from the date of arrest
  4. ninety days from the date of arrest Correct answer.

Explanation

Section 167(2)(a)(i) prescribes a ceiling of ninety days for offences punishable with death, imprisonment for life or imprisonment of not less than ten years, and a ceiling of sixty days for other offences. If the charge-sheet is not filed within that period, the accused must be released on bail on his furnishing bail.

Question 34Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

Under the first proviso to Section 437(1) of the Code of Criminal Procedure, 1973, a Magistrate shall not release on bail a person accused of an offence punishable with death or imprisonment for life if -

  1. the accused has previously been convicted of a similar offence by a competent court
  2. the offence is triable exclusively by a Court of Session
  3. there appear reasonable grounds to believe that he is guilty Correct answer.
  4. the charge-sheet has not been filed within sixty days of the date of arrest

Explanation

The first proviso to Section 437(1) bars the Magistrate from granting bail where there appear reasonable grounds for believing that the accused has been guilty of an offence punishable with death or imprisonment for life. The second proviso carves out a limited exception for a person under sixteen years, a woman, or a person who is sick or infirm.

Question 35Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 may be made before -

  1. the High Court only
  2. any Magistrate of the first class having jurisdiction in the case
  3. the Court of Session or the Chief Judicial Magistrate
  4. the High Court or the Court of Session Correct answer.

Explanation

Section 438 empowers a person apprehending arrest in a non-bailable offence to apply to the High Court or the Court of Session for a direction that he be released on bail in the event of arrest. A Magistrate has no jurisdiction to grant anticipatory bail.

Question 36Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

While dealing with an application for discharge under Section 227 of the Code of Criminal Procedure, 1973, the Sessions Judge has to consider the record of the case and the documents submitted with it and decide -

  1. whether there is sufficient ground for proceeding Correct answer.
  2. whether the prosecution has proved the case beyond reasonable doubt
  3. whether the accused has established his innocence
  4. the nature of the evidence the accused proposes to lead in defence

Explanation

Section 227 requires the Judge, upon consideration of the record and the documents submitted and after hearing the accused and the prosecution, to discharge the accused if there is no sufficient ground for proceeding. The assessment is a prima facie one at that stage and does not amount to a final adjudication of guilt.

Question 37Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

Under Section 320 of the Code of Criminal Procedure, 1973, the offence of voluntarily causing hurt (Section 323 of the Indian Penal Code) may be compounded -

  1. by the person to whom the hurt was caused, without any permission of the court
  2. by any person without permission, because the offence is a summons case
  3. by the State Government on the recommendation of the investigating officer concerned
  4. by the person to whom the hurt was caused, with the permission of the court Correct answer.

Explanation

Section 320(2) lists the offences which may be compounded with the permission of the court, and Section 323 of the Indian Penal Code finds a place in that sub-section. Offences compoundable without permission are those enumerated in Section 320(1), in which Section 323 does not figure.

Question 38Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

The principal object of examining the accused under Section 313 of the Code of Criminal Procedure, 1973 is -

  1. to record the confessional statement of the accused
  2. to cross-examine the accused on the evidence led by the prosecution
  3. to compel the accused to disclose his defence
  4. to enable the accused to explain the evidence against him Correct answer.

Explanation

Section 313 is intended to afford the accused a personal opportunity to explain the incriminating circumstances appearing in the prosecution evidence. The accused is not on oath, cannot be cross-examined on his answers, and is not liable to punishment for anything he says in the course of such examination.

Question 39Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

A Magistrate taking cognizance of an offence on a complaint examines the complainant and his witnesses on oath under Section 200 of the Code of Criminal Procedure, 1973. This examination need not be made where -

  1. the complainant is represented before the court by an advocate
  2. the accused has already been arrested by the police in the same matter
  3. the complaint is made by a public servant in his official capacity Correct answer.
  4. the complaint relates to a non-cognizable offence punishable with fine only

Explanation

The proviso to Section 200 provides that a Magistrate need not examine the complainant and his witnesses where the complaint is made in writing by a public servant acting or purporting to act in the discharge of his official duties, or by a court. Representation by an advocate does not dispense with the examination.

Question 40Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

Under Section 202 of the Code of Criminal Procedure, 1973, the Magistrate may postpone the issue of process against the accused and, for the purpose of deciding whether there is sufficient ground for proceeding, he may -

  1. record the plea of the accused before holding any inquiry
  2. postpone the issue of process and inquire into the case himself Correct answer.
  3. frame a charge against the accused on the basis of the complaint alone
  4. commit the case to the Court of Session for trial

Explanation

Section 202 permits the Magistrate either to inquire into the case himself or to direct an investigation by a police officer or by such other person as he thinks fit, for the limited purpose of ascertaining whether there is sufficient ground for proceeding. No charge is framed and no plea is recorded at this stage.

Question 41Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

A Magistrate to whom a complaint is made may, before taking cognizance, direct an officer in charge of a police station to investigate the case under Section 156(3) of the Code of Criminal Procedure, 1973 where the complaint discloses -

  1. an offence triable exclusively by the Court of Session
  2. the commission of a cognizable offence Correct answer.
  3. a non-cognizable offence only
  4. a civil dispute relating to property

Explanation

Section 156(3) empowers a Magistrate to order investigation of a cognizable offence at any stage before taking cognizance. Where the complaint discloses only a non-cognizable offence, the route is Section 155(2), which requires an order of the Magistrate for investigation.

Question 42Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

A confession recorded by a Magistrate under Section 164 of the Code of Criminal Procedure, 1973 -

  1. is inadmissible unless it is signed by the accused before the investigating officer
  2. may be used against the accused only where the Magistrate records that the accused was induced to make it
  3. must be recorded after the Magistrate explains that the person is not bound to make it Correct answer.
  4. must be recorded in the presence of the police officer investigating the case

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 it may be used as evidence against him. Section 164(3) requires further questioning to satisfy the Magistrate of its voluntariness, and the proviso to Section 164(1) forbids the presence of a police officer in the room.

Question 43Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

A statement made by a witness to a police officer during investigation may be used by the accused -

  1. to corroborate the testimony of the witness in chief
  2. as substantive evidence of the facts stated, even if the witness is not examined
  3. to contradict him under Section 145 of the Evidence Act Correct answer.
  4. to establish the guilt of a co-accused without examining the maker

Explanation

Section 162(1) bars the use of a statement made to a police officer during investigation except as provided in Section 27 of the Evidence Act, Section 32(1) or Section 145 of the Evidence Act. Its permitted forensic use is to contradict the maker after he has been examined as a witness.

Question 44Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

An accused is arrested and cannot be produced before a Magistrate within twenty-four hours because the investigation is incomplete. Under Section 167(2) of the Code of Criminal Procedure, 1973, the Magistrate may authorise his detention -

  1. in such custody as he thinks fit, for a term not exceeding fifteen days in the whole Correct answer.
  2. in judicial custody only, because a Magistrate has no power to remand a person to police custody
  3. in police custody for a period not exceeding thirty days in the whole
  4. in police custody for a period not exceeding fifteen days in the whole

Explanation

Section 167(2) permits detention in such custody as the Magistrate thinks fit for a term not exceeding fifteen days in the whole, and thereafter only in judicial custody. The outer limits of sixty or ninety days apply to the total period of detention.

Question 45Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

Which of the following statements about a police report forwarded to the Magistrate under Section 173 of the Code of Criminal Procedure, 1973 is correct?

  1. The Magistrate cannot take cognizance on the report until the accused is arrested
  2. The Magistrate must accept the final report, since the police alone judge the sufficiency of evidence
  3. The Magistrate may disagree with the report, take cognizance and order further investigation Correct answer.
  4. The report is inadmissible if it is filed beyond the period prescribed in the section

Explanation

The Magistrate is not bound by the opinion of the police and may take cognizance even where the police have filed a final report, and may direct further investigation under Section 173(8) or Section 156(3). The accused's arrest is not a pre-condition to taking cognizance on the report.

Question 46Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

In a warrant-case instituted on a police report, the Magistrate shall discharge the accused under Section 239 of the Code of Criminal Procedure, 1973 if, on considering the report and the documents and hearing the parties, he finds that -

  1. the charge is required to be altered by the court at a later stage
  2. the prosecutor applies to the court for withdrawal of the case
  3. the allegations do not disclose the offence alleged Correct answer.
  4. the accused pleads not guilty to the charge framed against him

Explanation

Section 239 requires the Magistrate to discharge the accused where the allegations in the report and the material placed with it are groundless or the charge is unfounded. The inquiry is limited to deciding whether there is a prima facie case fit for trial.

Question 47Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

In a summons case, when the accused appears before the Magistrate, the particulars of the offence of which he is accused are stated to him and he is asked -

  1. whether he has been previously convicted of any offence by any court in India
  2. whether he wishes to engage an advocate of his choice to defend him in the case
  3. whether he wants the case transferred to another court of competent jurisdiction
  4. whether he pleads guilty or has cause to show why he should not be convicted Correct answer.

Explanation

Section 251 requires the substance of the accusation to be stated to the accused and the Magistrate to ask him whether he pleads guilty or has any cause to show why he should not be convicted. No formal charge is framed in a summons case.

Question 48Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

Under Section 321 of the Code of Criminal Procedure, 1973, a public prosecutor may withdraw from the prosecution of an accused with the consent of the court. Such withdrawal -

  1. must be supported by reasons, and the court's consent must be given on application of mind Correct answer.
  2. may be sought at the instance of a private complainant who has compromised with the accused
  3. may be made only before the framing of the charge
  4. results in the acquittal of the accused in every case, whatever the stage

Explanation

The power under Section 321 is exercisable in the public interest and not at the bidding of a private party; the court must apply its mind to the reasons disclosed and cannot grant consent mechanically. Where withdrawal is allowed before a charge is framed the consequence is discharge, and after a charge is framed it is acquittal.

Question 49Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

In exercising revisional jurisdiction under Section 397 of the Code of Criminal Procedure, 1973, the High Court or the Sessions Judge -

  1. may examine the record for the correctness, legality or propriety of an order Correct answer.
  2. may convert a finding of acquittal into one of conviction on the request of the complainant
  3. may substitute its own appreciation of evidence and reverse an acquittal only if there is an appeal
  4. may enhance a sentence without giving the accused an opportunity of being heard

Explanation

Section 397 enables the court to call for and examine the record of an inferior criminal court to satisfy itself as to the correctness, legality or propriety of a finding, sentence or order. Revisional interference with concurrent findings of fact is ordinarily avoided, and Section 401(3) forbids conversion of an acquittal into a conviction in revision.

Question 50Criminal Procedure - investigation, trial, bail, trial courts, appeals and revision

A person convicted by a Chief Judicial Magistrate in a case tried by him may, under Section 374(3) of the Code of Criminal Procedure, 1973, appeal to -

  1. the Sessions Judge, but only where the sentence exceeds three years
  2. the Court of Session Correct answer.
  3. a bench of two Magistrates of the first class
  4. the High Court

Explanation

Section 374(3) provides that appeals from convictions recorded by a Metropolitan Magistrate, a Judicial Magistrate of the first class, an Assistant Sessions Judge or a Chief Judicial Magistrate lie to the Court of Session. Appeals to the High Court lie under Section 374(2) from convictions in a trial by a Court of Session.