Code of Criminal Procedure,1973- Quiz Day 17

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THE CODE OF CRIMINAL PROCEDURE, 1973

PRACTICE BITS-Day-17

  1. Under section 167 of Cr PC, for detention for a total period of 90 days during investigation, the expression ‘for a term of imprisonment not less than 10 years’ means

(a) more than 10 years

(b) up to 10 years

(c) less than 10 years

(d) both (b) & (c).

  1. Under section 167 of Cr PC for offences other than those punishable with death, imprisonment for life or imprisonment for a period not less than 10 years, the detention during investigation, can be authorized for a total period of

(a) 30 days

(b) 45 days

(c) 60 days

(d)  75 days

  1. If the investigation is not completed with in 90 days or 60 days as the case may be, and the accused is in custody, on the expiry of said period the accused is entitled to be

(a) discharged

(b) released on ball or making an application for release on ball

(c) released on ball without making an application for release on bail

(d) acquitted.

  1. For the purposes of computation of period of 90 days or 60 days as the case may be, for the purposes of section 167(2) of Cr PC

(a) the day of arrest of the accused has to be excluded

(b) the day on which the accused was remanded is to be excluded

(c) the day of arrest of the accused and the day on which the accused was remanded, if different, both have to be excluded

(d) the day of arrest of the accused only has to be excluded and the day on which the accused was remanded, even if different, cannot be excluded.

5.An accused was arrested for offence under section 302, IPC on 1-1-2002, and remanded to judicial/police custody on 2-1-2002, now for the purpose of section 167(2) of Cr PC, in computing the period of ninety days

(a) the day of arrest i.e. 1-1-2002 only has to be excluded and shall be computed w.e.f. 2-1-2002 when remanded, thus 90th day shall fall on 1-4-2002.

(b) the day  of arrest i.e.1-1-2002 and the day of remand i.e. 2-1-2002, both have to be excluded and the 90th day shall fall on 2-4-2002

(c) neither 1-1-2002 i.e. the day of arrest nor 2-1-2002, the day of remand is to be excluded, and the 90th day shall fall on 31-3-2002

(d) either (a) nor (c).

  1. In a case triable by a Magistrate as a summons case, the investigation can not be continued under section 167(5) of Cr PC.

(a)  beyond a period of six months from the date of arrest of the accused

(b) beyond a period of six months from the date of commission of  the offence

(c) beyond a period ok maximum term of imprisonment prescribed for the offence from the date of arrest of the accused

(d) beyond a period of maximum term of imprisonment prescribed for the offence from the date of    commission of the offence

 7.Continuation of investigation, in a summons case trible bya Magistrate, beyond the period of six months, form the date of arrest of the accused, without the previous permission of the Magistrate

(a) shall render the entire investigation vitiated bad and the accused is liable to be discharged

(b) shall not render the entire investigation bad but the accused is liable to be discharged

(c)  shall not render the entire investigation bad, but the prosecution can not rely on the investigation so carried out and the evidence so collected shall not be admissible

(d) either (a) or (b)

  1. After completion of investigation, the police is to submit a final report to the Magistrate, the Magistrate

(a) is bound by the conclusion drawn by the police and accept the same if the police recommended that there is no sufficient ground for proceeding further

(b) is not bound by the conclusions drawn by the police and may order further investigation

(c) may issue a process against the accused person(s)

(d) both (b) & (c)

9.Upon the report being forwarded under section 173(2) of Cr PC to the Magistrate for dropping of proceedings, before deciding not to take cognizance the Magistrate

(a) Must give notice to & provide the informant an opportunity of being heard

(b) Need not give notice to & provide the informant an opportunity of being heard, depending on the facts & circumstances

(c) May or may not give notice to & provide the informant an opportunity of being heard, depending on the facts & circumstances.

(d) Both (b) & (c).

10. The orders passed under section 125 of Cr PC are

(a) summary in nature but finally determine the rights and obligation of the parties

(b) summary in nature and do not finally determine the rights and obligations of the parties which are to be finally determined by a civil  court

(c) substantive in nature and finally determine the right and obligations of the parties

(d) substantive in nature and are not subject to determination of a right of the parties by a civil court.

 

 

 

KEY

1(b)     2(c)     3(b)   4(c)   5(b)   6(a)   7(c)   8(d)   9(a)   10(b)

 

 

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