Main Test Series
Criminal Set-I Law: Paper III

Maximum Marks - 200
Time - 3 Hrs

• Can the magistrate grant bail under section 437 Cr. P.C if the offence is punishable with death or, in the alternative, with imprisonment for life?     [05 marks]
• Even though the principles of res-judicata are not applicable to bail applications, it would lead to bad precedent if bail applications are filed repeatedly or successively without there being any change of circumstances. "Do you agree with the above proposition"      [10 marks]
• An incident of murder happens within the jurisdiction of a police station. The police station in-charge starts investigation in the case. The aggrieved party approaches the concerned Judicial magistrate to complain against irregularities being committed by the police station in-charge during investigation. Can the magistrate order to stop further investigation in the case? if so, then how? Answer with reasons.      [10 marks]
• Why can a magistrate of First class, convicting the accused under section 406 of the Indian Penal Code, 1860, not direct the accused to execute bond for keeping peace and good behaviour for a period of one year?      [10 marks]
• What is the purpose of examination if an accused under section 313 of the Code Criminal Procedure? What is the effect of not putting an incriminating evidence in such examination? What are the remedies before an Appellate Court?      [10 marks]
• What is Plea Bargining? Briefly describe it's procedure. Whether these provisions apply in all types of offences? Can victim of Crime make any objection against this bargaining. Explain.      [10 marks]
• Are the statements of witness recorded by a police officer at the time of inquest during an 'inquiry under section 174 Cr. P.C, subject to the embargo under section 162 Cr. P.C?      [ 05 marks]
  
• Define Digital rape: Is it punishable in India? Refer to relevant legal provisions, if any.      [10 marks]
• Where a bailiff went to make an attachment but the warrant had become invalid by lapse of the time limited thereby and the owner of the property resisted and caused grevious hurt to one of the party. Can the accused plead right of private defence of property in his defence?      [10 marks]
• There was long-standing dispute over the land between the accused and the deceased X. One morning the accused, while working in their field saw two labourers going to the field of X to work there. The accused shouted at them not to do so, but the labourers paid no heed and walked on. Thereupon the accused rushed at them and began belabouring them with the handles of their spears. Meanwhile X arrived and intervened and the accused attacked him. First B and C attacked him on his legs and he fell down. Then A stabbed X in the head with his spear. He then put his leg on X's chest to extract the spear blade which has struck in X's jaws. The blow had gone through the skull and injured the brain, so that X dies on the spot. What is, if any, the criminal liability of A, B and C Under Law? Give reasons and case law in support of your answer.      [10 marks]
• Distinguish clearly between:
  (i) Section 415 and Section 420 IPC.
  (ii) Common object and common intention.
  (iii) Kidnapping and Abduction.
  (iv) Preparation and Attempt.      [10 marks]
• "The use of sedition is like giving a saw to the carpenter to chop a bit of wood and he uses it to cut the entire forest itself". Comment.      [10 marks]
• A instigates B to give false evidence. B doesn't give false evidence. Has A committed any offence? Discuss.      [10 marks]
• 'A' a police officer, made a false entry in the special diary relating to a case which was being investigated by him, but the document in which the alleged false entry was made was not the one which was admissible in evidence. Can he, in the circumstances, be convicted for fabricating false evidence?     [10 marks]
• Discovery of weapon at the instance of accused by itself doesn't prove that he had concealed or used it. Explain the statement in the light of section 27 and refer recent case law.      [10 marks]
• What is the evidentiary value of Confessional FIR?      [05 marks]
• What is meant by the word 'alibi'? Whether plea of alibi is one of the general exceptions or a rule of evidence? Discuss the relevance of plea of alibi in a criminal trial?      [10 marks]
• The burden to prove the guilt of the accused is on the prosecution and never shifts' Comment stating the exceptions, if any, to this rule.      [10 marks]
• Who is Hostile witness? What is the reason to declare a witness as a hostile witness? What is the evidentiary value of a hostile witness? Discuss.      [05 marks]
• Explain and illustrate the following:
  'What is in writing shall only be proved by the writing'      [10 marks]