Cr. P.C., 1973
Mains Test Series

Maximum Marks - 200
Time - 3 Hrs

• Write short note on what is Plea Bargaining? At what stage can a case be referred for Plea Bargaining? Can victim of crime make any objection against this bargaining?     [10 marks]
• Explain following
  (i) Corpus delicti
  (ii) Rigor Mortis
  (iii) Inquiry
  (iv) Different classes of courts under Cr. P.C.
  (v) Protest Petition      [10 marks]
• If the court is satisfied that some material documents have been withheld by the Investigating agency and form a part of charge-sheet, whether the accused can invoke Section 91 of Cr. P.C. and seek their production? Does it debar the court from summoning such documents and relying upon them at the stage of consideration of the charge?      [10 marks]
• Explain and distinguish:
  (i) Trial, Enquiry and Investigation
  (ii) Summon case and warrant case
  (iii) Discharge and Acquittal
  (iv) Complaint case and police report.      [4x5=20 marks]
• Can the High Court exercise inherent power to compound the offence punishable under section 307 IPC?     [10 marks]
• What do you understand by doctrine of "autrofois acquit" and "autrefois convict"? How does it ensure a fair trial?      [10 marks]
• Write short note on Right of victim of crime to compensation.      [10 marks]
• Frame a charge -
  (a) For an offence under section 316 read with S. 149 IPC
  (b) For an offence under section 307 IPC      [10 marks]
  
• Explain the circumstances in which an arrest without warrant can be made. Can a magistrate issue a warrant for arrest in respect of a cognizable offence before taking cognizance of the offence?      [ 10 marks]
  
• "Regulating the nature of interaction between the accused and the police authorities is at the crux of a developed criminal justice system". Elaborate the statement.      [10 marks]
• Explain the concept of House Arrest. Can it be ordered by the courts in India?      [10 marks]
• Give a short account of the law under section 145 of the Cr. P.C. in regard to procedure to be adopted in the case of a dispute as to immovable property. Do you agree with the view that proceedings under section 145 are only preventive and quasi judicial and quasi administrative in nature, their object to prevent breach of peace and maintain tranquility Refer to cases.      [10 marks]
• An army officer's dead body was found on the railway track. The court of inquiry submitted a report that the deceased officer had committed suicide. The father of the deceased alleged that it was a case of murder and not suicide as his son (now deceased) had come to know some case of corruption in the Army and had made oral complaints to the superior and hence was murdered. The father want's the case to be investigated by the Central Bureau of Investigation. Decide the matter citing relevant case law. You are also required to briefly discuss the process of investigation envisaged in the Criminal Procedure Code, 1973.      [10 marks]
• A is arrested for commission of offence punishable under section 302 of the IPC on 8th April, 2018. He is subsequently remanded to police/judicial custody from time to time. The complainant moves the HC for a fair and impartial investigation. On the assurance of the Public Prosecutor that investigation would be conducted by an officer not below the rank of Assistant Commissioner of Police and report of the investigation with the opinion of the Investigation officer shall be filed within 2 months, the H.C. disposes of the petition on 03.07.2018. On 05.07.2018, the police officer files a report under section 173 of Cr. P.C. before the Metropolitan (M.M). Since the report was filed by a police officer below the rank of ACP contrary to the order dated 03.07.2018, the accused filed an application for statutory bail under section 167 (2) of Cr. P.C. which was dismissed by the MM observing that the order dated 03.07.2018 of the HC was an extension of the period within which the investigation could have been completed. The appellant challenges it before the HC. Decide.      [10 marks]
• Does an accused person render himself liable to punishment by refusing to answer question under section 313 of the Cr. P.C. or by giving false answers to such questions and whether oath is to be administered to him while he is under examination under this section?      [10 marks]
• 'A' was charged with murder of B. When A was taken into custody, he sought bail. The sessions court denied him bail. He approached the High Court granted him bail under section 437 Cr. P.C. The complainant wants to question the bail. Examine and decide.
  (a) Whether complainant can question the bail?
  (b) On what grounds bail can be cancelled?
  (c) What does the term 'Judicial Discretion' imply?
  (d) Can bail be granted or cancelled on parity of reason?     [4x5=20 marks]
• Summoning of an accused in a criminal case is a serious matter. Magistrate has to record satisfaction about prima facie case before issuing summon. Discuss in the light of relevant provisions.      [05 marks]
  
• Can a telephone message received by the SHO regarding the Commission of a Cognizable offence by treated as an FIR?      [05 marks]
• Can an SHO conduct a verification or inquiry before registering an FIR?      [05 marks]