Code Of Criminal Procedure MCQ question and answer

41

Section 428 Criminal Procedure Code provides for concession to the effect that period of detention undergone by accused be set off

A) Against the substantive period of imprisonment awarded B) Against the period of imprisonment in default of payment of fine C) A and B above D) None of the above

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Answer & Solution

Answer: Option A

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42

Where the husband has obtained a decree of divorce against the wife on the ground of desertion, under section 125, it is

A) No bar for the wife to claim maintenance against the husband B) Bar for the wife to claim maintenance against the husband C) May be a bar for the wife to claim maintenance against the husband D) Either A or C

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Answer & Solution

Answer: Option A

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43

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

A) Shall not exceed twice the amount of punishment which the Magistrate is competent to inflict for a single offence B) Shall not exceed the amount of punishment which the Magistrate is competent to inflict for a single offence as prescribed under section 29 of Criminal Procedure Code C) Shall not exceed three times the amount of punishment which the Magistrate is competent to inflict for a single offence D) Shall not exceed 14 years

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Answer & Solution

Answer: Option A

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44

A' is arrested and detained in custody in a case of murder. The investigating police officer within 24 hours produces the accused before a Metropolitan Magistrate who has no jurisdiction to try the case, seeking police custody as investigation is not complete. The Metropolitan Magistrate has the power and jurisdiction to:

A) Grant police custody only for two days B) Grant police custody for fifteen days C) Discharge the accused D) Refuse to entertain the application as he has no jurisdiction to try the case

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Answer & Solution

Answer: Option B

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45

At any time before the Judgment is pronounced, prosecution of any person may be with drawn with the consent of the Court by-

A) On whose instance first information report was recorded B) Investigating officer of the case C) Public Prosecutor or Assistant Public Prosecutor incharge of the case D) Person aggrieved by the offence

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Answer & Solution

Answer: Option C

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46

Under section 248(2) of Criminal Procedure Code

A) Conviction and sentence can be passed on the same day B) Conviction and sentence cannot be passed on the same day C) Conviction and sentence passed on the same day shall be valid unless occasions failure of justice D) Both A and C

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Answer & Solution

Answer: Option B

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47

In a cognizable case the police will have powers to:

A) Investigate except the power to arrest without warrant B) Investigate and power to arrest without warrant only after seeking permission from the Magistrate C) Investigate including the power the arrest without warrant D) Investigate and arrest without warrant, only after informing the Magistrate having jurisdiction to inquire into or try the offence

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Answer & Solution

Answer: Option C

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48

Under the scheme of Criminal Procedure Code offences have been classified into bailable and non bailable, cognizable and non cognizable under:

A) The first schedule B) The second schedule C) Section 320 D) Section 300

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Answer & Solution

Answer: Option A

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49

The compounding of an offence as per Section 320 of the Code of Criminal Procedure, 1973 shall, have the effect of:

A) Discharge B) Conviction C) Acquittal D) Dropping of Charge

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Answer & Solution

Answer: Option C

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50

To which authority should the victim apply for compensation under the victim compensation scheme where the offender is not traced or identified and where no trial takes place?

A) State or the District Collector B) State or the Superintendent of Police C) State or the District Legal Services Authority D) The Governor of the State

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Answer & Solution

Answer: Option C

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Code Of Criminal Procedure MCQ question and answer | Law MCQ question