CODE OF CRIMINAL PROCEDURE, 1973.
BIHAR AND JHARKHAND JUDICIAL SERVICES
PRELIMINARY (S. 1-5)
Q. 1. Write note on Warrant-Case. (B&JJS 1978)
Q. 2. (a) What are the material points of difference between Summons and Warrant cases?
(b) Describe the procedure for the trial of Summon Cases. (B&JJS 1984)
AID TO THE MAGISTRATE AND THE POLICE (S. 37-40)
Q. 2. In what cases may a police officer arrest without a warrant? (B&JJS 1977)
ARREST OF PERSON (S. 41-60A)
Q. 1. When can the police arrest a person without a warrant? (B&JJS 2000, 2011)
Q. 2. What are the guidelines laid down by the Supreme Court for the police while arresting a judicial officer? (B&JJS 2011)
PROCLAMATION AND ATTACHMENT (S. 82-86)
Q. 1. Discuss the provisions of the Criminal Procedure Code relating to attachment of property of a proclaimed offender. [B&JJS 2006]
SEARCH WARRANTS (S. 93-98)
Q.1. Under what circumstances may a search warrant be issued by a Court? (B&JJS 1977)
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR (S. 106-124)
Q. 1. Answer the following;-
- State the habitual offenders against whom an order for security can be passed.
- The provision in respect of security for keeping the peace on conviction. [B&JJS 1977]
Q. 1. Write notes on maintenance of parents. [B& JJS 1978]
Q. 2. When is a husband ordered to pay maintenance allowance to his wife? What order may a Magistrate pass when the husband fails to comply with the order? [B&JJS 1979]
Q. 3. Discuss the rules relating to maintenance of wife, children and parents under Section 125, Cr.P.C. Under what circumstances can a husband seek alteration in an order of maintenance made in favour of a divorced wife. [B&JJS 1986]
Q. 4. What are the provisions contained i, the Criminal Procedure Code regarding maintenance of a wife? When and under what circumstances the amount of maintenance fixed by a Court be modified? [B&JJS 2000]
Q. 5. What are the provisions of the Criminal Procedure Code regarding maintenance of a wife. [B&JJS 2006]
Q. 6. When can the Magistrate cancel the order of maintenance to wife?[ B&JJS 2011]
URGENT CASES OF NUISANCE AND APPREHENDED DANGER (S. 144-148)
Q.1. How would a magistrate deal with a situation when he finds that a dispute concerning a piece of land between two parties is likely to cause breach of peace? (B&JJS 1975)
F.I.R. & INVESTIGATION (SEC 154-176)
Q. 1. What are the steps to be taken by a Judicial Magistrate for recording a confession made to him during an investigation? Explain. (B&JJS 1978)
Q. 2. (a) What is F.I.R. and how is it recorded? Discuss its admissibility as evidence.
(b) The Officer-in-Charge of a police station was informed of commission od dacoity on the telephone. He immediately rushed to the spot and recorded the detailed statement of the complainant. Will the statement be treated as FIR? Give reasons. (B&JJS 1984)
Q. 3. Can a FIR made under Section 154 Criminal Procedural Code be used as Substantive piece of evidence at the trail? (B&JJS 1987)
Q. 4. What is the FIR? What is its object and important at the trail? Distinguish it from the statement of a witness in the course of investigation. (B&JJS 2006)
JURISDICTION OF COURT IN INQUIRIES AND TRIAL (S. 177-189)
Q. 1. What are the provisions of the Criminal Procedure Code regarding the place of trial in criminal cases? What is the correct place of trial in the following case:
A is charged and tried at Delhi with wrongfully concealing a kidnapped person. The kidnapping took place at Delhi but the concealment occurred in Shimla. (B&JJS 1987)
COMPLAINT PROCEEDING (S. 200-210)
Q. 1. State the procedure to be followed by a Magistrate when there is a complaint case and police investigation is going on in respect of the same offence. (B&JJS 1979)
FORM OF CHARGES AND JOINDER OF CHARGES AND EFFECT OF DEFECTIVE CHARGE (S. 211-224)
Q. 1. State briefly the law relating to Misjoinder of charges. (B&JJS 1975)
Q. 2. What is a ;charge’? What are its essential ingredients? (B&JJS 1977)
Q. 3. What is ‘charge’? What are essential particulars of a charge? Discuss the effect of error in a charge. (B&JJS 1986)
SESSION TRIAL (S. 225-237)
Q. 1. Discuss the rules relating to trial before a Court of Sessions. (B&JJS 1986)
Q. 2. Describe the procedure to be followed in Sessions trial. (B&JJS 1987, MPJS 1998)
WARRANT TRIAL (S. 238-250)
Q. 1. In a warrant case instituted on police report, the Magistrate after the examination of the documents and hearing the Public Prosecutor and the defence counsel considers the change against the accused to be baseless. (B&JJS 1975)
Q. 2. Discuss in detail the procedure followed in a warrant trial. (B&JJS 1991)
SUMMARY TRIAL (S. 260-265)
Q. 1. Describe the procedure to be followed in summary trial and sessions trial. (B&JJS 2006)
Q. 2. State briefly the law relating to Summary trials. (B&JJS 1975, 1987, HJS 1986, 2000)
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
DOUBLE JEOPARDY & FREE LEGAL AID (S. 300-327)
Q. 1. Write notes on Compounding of offences. (B&JJS 1978)
Q. 2. Write notes on Withdrawal from prosecution. (B&JJS 1978)
Q. 3. (a) A is tried for causing grievous hurt and is convicted. The person injured afterwards dies. Can A be tried again for culpable homicide?
(b) Under what circumstances can evidence be recorded in absence of an accused? (B&JJS 1979)
COMPOUNDING OF OFFENCE
Q. 1. Explain and distinguish between compoundable and non-compoundable offences. (B&JJS 1991)
ACCUSED PERSONS OF UNSOUND MIND (S. 328-339)
Q. 1. Describe the procedure laid down in the Code of Criminal Procedure for the trial of an accused where he is lunatic or of unsound mind. (B& JJS 1991)
SUBMISSION OF DEATH SENTENCE FOR CONFIRMATION (S. 366-371)
Q. 1. What are the provisions contained in Criminal Procedure Code regarding death sentence? (B& JJS 2000)
TRANSFER OF CRIMINAL CASES (S. 406-412)
Q. 1. Before the close of his defence the accused intimates to the Magistrate that he intends to make an application to the High Court for the transfer of his case from his Court. (B&JJS1975)
BAIL & BAIL BONDS (S. 436-450)
Q. 1. When may be a bail taken in case of a non bailable offence? (B&JJS 1979)
Q. 2. When can bail be granted to a person accused of non bailable offence? (B&JJS 1979)
Q. 3. Give a brief account of principle regarding bail in criminal cases. Can a bail be demanded as a matter of right? (B&JJS 1986)
Q. 4. Discuss in detail the provisions relating to anticipatory bail provided in the Code Criminal Procedure, 1973. (B&JJS 1991)
Q. 5. When can bail be granted? What are the remedies available to a person to whom bail is refused by the Court? (B&JJS 2000)
Q. 6. “Bail can only be a matter of discretion if the offence is non-bailable and the scope of discretion depends upon various considerations.” Discuss. (B&JJS 2011)
HARYANA JUDICIAL SERVICE
PRELIMINARY (S. 1-5)
Q. 1. Distinguish between:-
- Cognizable and Non-Cognizable offences
- Bailable and Non-Bailable offences
- Inquiry and Investigation
- Summon and Warrant Cases (HJS 1999)
Q. 2. Write notes on Classification of different courts established in the State of Haryana. (HJS 1984)
POWER OF COURT (S. 26-35)
Q. 1. Can the functions of receiving and registering cases and appeals be assigned to Additional District Judge and if so, by whom? (HJS 2010)
Q. 1. Explain Arrest without warrant. [HJS 1986]
Q. 2. (a) Mention the categories of cases in which a police officer may arrest a person without a warrant.
(b) Under what circumstances a police officer may search a place without warrant?
(c) Under what circumstances a private person may arrest or cause to be arrest person? [HJS 1999]
Q. 3. In what cases a police officer may arrest any person without an order from magistrate and without a warrant? (HJS 2001)
Q. 4. What are the provisions in the Criminal Procedure Code regarding the search of arrested person? Does the search become illegal where no grounds of arrest are to the accused? (HJS 2001)
Q. 5. In what circumstances a person can be arrested without warrant? What measures and precautions are required to be taken while arresting a person, as directed by the Supreme Court? [HJS 2010]
Q. 6. ‘Regulating the nature of interaction between the accused and the police authorities is at the crux of a developed criminal justice system.’
Elaborate on the statement by referring to the guidelines laid down in the case of Joginder Kumar v. State of U.P., AIR 1994 SC 1349. [HJS 2013]
SUMMONS (S. 61-69)
Q. 1. Briefly state the processes to compel appearance of the accused or of witnesses before a court? [HJS 2001]
Q. 2. The utility of a retracted confession hinges primarily on the judiciousness of the court. Respond with reasons to the statement by referring to the judicial approach towards retracted confessions [HJS 2013]
MAINTENANCE (S. 125-128)
Q. 1. Explain fully the provisions of Criminal Procedure Code for maintenance of wives, children and parents (HJS 1984)
Q. 2. How can a wife who has been abandoned by her husband compel him to maintain her? How does the criminal court enforce its maintenance? [HJS 1998]
Q. 3. When is a wife not entitle to maintenance for her husband?[HJS 1998]
Q. 4. How does Cr.P.C. provide for maintenance of Children and aged Parents? [HJS 1998]
Q. 5. Under what circumstances has a wife got a right to get maintenance from her husband? Can this right be exercised by parents or illegitimate children also? (HJS 2003)
Q. 6. Explain the circumstances in which a wife is entitled to claim maintenance from her husband under the Code of Criminal Procedure. [HJS 2006]
Q. 7. Can a daughter be asked to maintain her ‘father? If so, under what circumstances. (HJS 2006)
Q. 8. Can an illegitimate son be asked to maintain his father? (HJS 2006)
Q. 9. What is the object of Section 125 in Cr.P.C.? Can the following claim for maintenance under Section 125, Cr.P.C. and when:-
- A Muslim wife from her husband
- Mother and Father from a married daughter. [HJS 2009]
URGENT CASES OF NUISANCE AND APPREHENDED DANGER (S. 144-148)
Q. 1. Discuss the power of magistrate to issue order in urgent cases of nuisance or apprehended danger. Refer to decided cases, if any, on the subject. (HJS 1998)
Q. 2. How would a magistrate deal with a situation when he finds that a dispute concerning a piece of land between the two parties is likely to cause a breach of peace? (HJS 1998)
Q. 3. What procedure a magistrate has to follow when there is dispute regarding possession of immoveable property giving rise to apprehension of breach of peace? What is the scope of such proceedings? (HJS 1986)
F.I.R. & INVESTIGATION (S. 154-176)
Q. 1. ‘Confession made by the accused is inadmissible in evidence’. Discuss the statement in detail, giving exceptions. (HJS 1984)
Q. 2. Write note on First Information Report. (HJS 1984, 1986)
Q. 3. State the importance of F.I.R. (HJS 2003, RJS 1977)
Q. 4. a) What are the ingredients of an F.I.R. Is it necessary that F.I.R. should contain all details of manner of occurrence?
(b) What is the effect of delay in filing F.I.R.? (HJS 2006)
Q. 5. Can a person being examined by a Police Officer investigating a case refused to answer questions relating to such case put to him by such officer? (HJS 2006)
Q. 6. What are the various provisions laid down in the Code of Criminal Procedure, 1973 with regard to the registration of First Information Report (FIR) and the powers of the Police to investigate on that basis? (HJS 2007)
Q. 7. Write brief note on Statements, under Section 164 of CrPC, their admissibility and value. (HJS 2007)
Q. 8. Write brief note on the manner in which statements under Section 161 of CrPC can be used at a criminal trial by the prosecution, the defence and the court. (HJS 2007)
Q. 9. Write brief note on Case Diaries. (HJS 2007)
Q. 10. Can a person on being examined by a police officer investigating a case, refuse to answer a question relating to such case asked to him by such police officer? (HJS 2010)
Q. 11. “The area covered by Article 20(3) of the Constitution and Section 161(2) of the Criminal Procedure Code is substantially the same. So much so, terminological expansion apart Section 161(2) is a parliamentary gloss on the constitutional clause.” Respond to the statement made by the Supreme Court of India in Nandini Satpathy v. Dani (P.L.) and Another, AIR 1978 SC 1025 and comment on the limits on the power of the police to interrogate and on the meaning of the term ‘accused’. (HJS 2013)
Q. 12. Are the provisions of Section 154(1) of CrPC mandatory? Give reasons for your answer and cite the relevant case law. (HJS 2015)
Q. 13. (i) Can an anonymous telephonic message that is first in point of time but does not clearly specify a cognizable offence having been committed be treated as the First Information Report?
(ii) Can a police officer refuse to register a First Information Report on the ground that the said police station does not have territorial jurisdiction over the place of crime?
(iii) Is the First Information Report a substantive piece of evidence or can it only be used to corroborate the statement of the maker?
(iv) Is it mandatory that the names of all witnesses be mentioned in the First Information Report? (HJS 2007)
JURISDICTION OF COURT IN INQUIRIES AND TRIAL (S. 177-189)
Q. 1. State with reasons which of the courts shall have jurisdiction to try the cases arising out of the following facts:
- A is kidnapped from Lucknow and is recovered from a house in Kanpur.
- Injuries were caused to X at Lakhimpur. He dies of those injuries at Kanpur where he was brought for treatment.
- A dacoity was committed in town Patna, the dacoits were arrested at Dhanbad, the looted property was recovered from a goldsmith at Gaya. (HJS 1986)
Q. 2. Determine the place of trial in the following cases:
- Where an offence is continuing one and continues to be committed in more local areas than one.
- ‘A’ boarded the train at Patna. Scuffle between ‘A’ and ‘B’ ensued in the compartment somewhere between Lucknow and Moradabad, where ‘B’ got down. On reaching Delhi, ‘A’ broke his journey and lodged FIR against ‘B’. (HJS 2010)
COGNIZANCE OF OFFENCE (S. 190-199)
Q. 1. Can a court of Additional sessions judge take direct cognizance of an offence? If so, under what provision of law? (HJS 1996)
COMPLAINT PROCEEDING (S. 200-210)
Q. 1. Write notes on Complaint. (HJS 1984)
Q. 2. Describe the procedure to be followed by a magistrate when a complaint is filed before him. When a complaint may be dismissed by a Magistrate? (HJS 1988)
Q. 3. In a complaint case, the complainant on a date fixed is absent. Counsel for the accused urged that the complaint be dismissed and the accused acquitted. Counsel for the complainant contends, however, that there was nothing to be done as summons for the doctor, for whose evidence, the date was fixed had not been issued by the office of the court despite deposit of process fee by the complainant and therefore the case he adjourned to some other date. Decide. (HJS 1996)
Q. 4. Outline the cardinal provisions of Code of Criminal Procedure at the times of commencement of proceedings before magistrates that uphold the virtue of fair trial. (HJS 2011)
FORM OF CHARGES AND JOINDER OF CHARGES AND EFFECT OF DEFECTIVE CHARGE (S. 211-224)
Q. 1. Write notes on ‘Charge’ and ‘Joinder of Charges’. (HJS 1984)
Q. 2. Explain the following: ‘Joinder of accused persons.’ (HJS 1986)
Q. 3. Point out the essentials of a ‘charge’. Can there be a joinder of charges in a trail under the following circumstances?
- A commits thefts on four occasions in 1986, of which two are punishable section 379 IPC and the other two under section 380 of IPC.
- A attempts to rescue B from the custody of police and while making such attempt caused grievous hurt to constable C and simple hurt to constable D. (HJS 1988)
Q. 4. What is a charge? State its objects and particulars to be stated therein. State the law in regard to mis-joinder of charges and state what is the effect of material error in charge. (HJS 1998)
Q. 5. A public servant was charged under section 409 I.P.C Facts constituting the charge also an offence under section 420 I.P.C., but he was not charged for this offence. Support your answer by authorities, if any. (HJS 1998)
Q. 6. (a) Describe the contents of a charge.
(b) The accused has right to recall prosecution witnesses after alteration of the charge. When such right could be refused by the court?
(c) The accused were convicted of rioting, which was the only charge before the Magistrate. On appeal, the Sessions Judge acquitted them of rioting, but convicted them under SS. 448 and 323 of the Penal Code of house trespass and hurt. Discuss the legality of conviction of the accused by the Sessions Judge. (HJS 1999)
Q. 7. “For every distinct offence of which any person is accused there shall be a separate charge and every such charge shall be tried separately”. Comment. Also state the exceptions to the above rule if any. (HJS 2000)
Q. 8. What is the effect of errors in charge? (HJS 2000)
Q. 9. For every distinct offence of which any person is accused, there shall be separate charge and every such charge shall be tried separately. Explain it by giving suitable illustrations. (HJS 2003)
Q. 10. Discuss ‘joinder of charges’ under the Code of Criminal Procedure. (HJS 2006)
Q. 11. Can a person be convicted of an offence not specified in the charge? (HJS 2006)
Q. 12. Is it mandatory for court to direct a new trial or adjourn the trial for some period in case of alteration of charge.
Q. 13. Explain with illustration the followings:
- When can the Court alter or amend charge? What is the consequence of a defect in the farming of charge?
- What charge is to be framed if it is doubtful as to what offence has been made out? (HJS 2011)
Q. 14. “Every distinct offence of which any person is accused there shall be a separate charge and every such charge shall be tried separately”. Identify the aforesaid provision of Cr.P.C and discuss seven exceptions to this rule. (HJS 2011)
Q. 15. Write short notes on Effect of “Error in Framing Charge”. (HJS 2011)
SESSION TRIAL (S. 225-237)
Q. 1. Suppose you are a Public Prosecutor in a sessions court. A murder case has been entrusted to you. What steps will you take during the course of the trial till its conclusion? What steps shall the court take? State in detail. (HJS 1996)
Q. 2. A case was committed to sessions judge for trial of murder. Police had recovered a lathi from the accused. Witness M had stated before the investigating officer that he saw accused running towards the deceased. The sessions judge discharged the accused. Discuss the validity of the judgment. (HJS 1996)
Q. 3. (a) Discuss the procedure of trial before Court of Sessions.
(b) An accused could not be discharged before taking all the evidence produced by the prosecution. Under what circumstances the accused may be discharged before production of such evidence? (HJS 1999)
Q. 4. Discuss in brief the provisions of the Cr.P.C. relating to Session’s trial. (HJS 2003)
WARRANT TRIAL (S. 238-250)
Q. 1. How the trial of warrant cases instituted on police report is different from cases instituted otherwise than on police report? Elaborate the procedural differences between the two. (HJS 2011)
SUMMONS TRIAL (S. 251-259)
Q. 1. What is a summon case? State the procedure laid down by the Code of Criminal Procedure for trial of summon cases. (HJS 1988)
PLEA BARGAINING (S. 265A-265L)
Q. 1. (a) What do you understand “Plea Bargaining”? State the procedure for initiating “Plea Bargain” in Courts.
(b) What should a Magistrate do in a case, in which “Plea Bargain” has been initiated,
- but no satisfactory disposition is made out,
- a satisfactory disposition is made out. (HJS 2009)
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
DOUBLE JEOPARDY & FREE LEGAL AID (S. 300-327)
Q. 1. Persons once convicted or acquitted cannot be tried again for some offence. (HJS 1984)
Q. 2. Powers of the Court to examine accused in every enquiry or trial. (HJS 1984)
Q. 3. An accused was acquitted due to lack of evidence. He was again prosecuted for the same offence, additional evidence was supplied and he was convicted by the magistrate. Examine the legality of the order. (HJS 1996)
Q. 4. “Person once convicted or acquitted, cannot be tried again on the same facts for the same offence”. Elucidate. (HJS 2009)
Q. 5. Examine the legality of the following trials-
- A is tried and convicted for causing hurt to B. He is again charged and tried for causing grievous hurt on the same facts.
- A is tried for causing grievous hurt to B and convicted. Afterwards B dies of the same wounds. He is again tried for committing culpable homicide. (HJS 2009)
Q. 6. Unlike the scheme in Plea Bargaining, the procedure for withdrawal from prosecution does not afford the ‘victim’ a participatory position. Critically analyse the statement. (HJS 2013)
THE JUDGMENT (S. 353-365)
Q.1. (a) what is the mode of delivery of a Judgement? Can a Court alter a judgement after it has been delivered?
(b) Accused A fails to appear on the date of judgement. Should the Court deliver judgment:
- If A is to be sentenced to imprisonment?
- If A had been granted exemption from personal attendance during trial? (HJS 2000)
APPEALS (S. 372-394)
Q. 1. What is the scope of criminal appeal and revision? When can a revision be filed and in which court and on what grounds? (HJS 1986)
Q. 2. Whether appeal is a right under the natural law or a creation of state? (HJS 1996)
Q. 3. Discuss those cases where no appeal is provided under the Criminal Procedure Code? (HJS 1996)
Q. 4. A pleads guilty and is convicted by the High Court. Will an appeal lie? (HJS 1996)
Q. 5. Whether an appeal lies against acquittal? If so, in what court? (HJS 1996)
REFERENCE (S. 395-396)
Q.1. Distinguish between reference and revision. (HJS 1988)
REVISION (S. 397-405)
Q.1. Explain the jurisdiction and powers of the Court of Sessions and of the High Court in revision proceedings. (HJS 2000)
BAIL & BAIL BONDS (S. 436-450)
Q. 1. Write notes on anticipatory bail. (HJS 1984)
Q. 2. (a) What is meant by anticipatory bail? Under what provision of law it may be claimed? Bv which courts it may be granted? Can you cite some Supreme Court judgment on the matter?
(b) In similar cases one court grants the bail while another court refuses the bail. Why it is so? What are the principles governing the grant of bail in bailable and non-bailable offence? Support your answer by some decision.
(c) Point out the limitation in the entertainment of a second bail application. (HJS 1996)
Q. 3. The chief judicial magistrate of Amritsar granted anticipatory bail to an M.L.A. as he was apprehending arrest in a murder case and issued necessary directions. Examine the validity of the order. (HJS 1996)
Q. 4. Give a critical appraisal of the provisions relating to anticipatory bail in the Code of Criminal Procedure, 1973. (HJS 1998)
Q. 5. Discuss the guiding principles for the grant of bail in bailable and non-bailable offence. (HJS 1998)
Q. 6. Describe the categories of persons who may be released on bail by a court other than the High Court or Court of Sessions, even if there appears reasonable grounds for believing that such person had been guilty of non-bailable offence. (HJS 1999)
Q. 7. Analyse the provisions about the grant of anticipatory bail. Can anticipatory bail be allowed in a murder case? If so, when? (HJS 2000)
Q. 8. What is the difference between ordinary bail and anticipatory bail? (HJS 2000)
Q. 9. (a) Examine the circumstances in which a person accused of the commission of any non-bailable offence can be released on bail.
(b) Discuss the situation in which Anticipatory bail can be granted? (HJS 2006)
Q. 10. Can a bail granted under Section 167(2) of Cr.P.C be cancelled by the Magistrate suo motu on presentation of challan report under Section 173 Cr.P.C. against the accused? (HJS 2010)
Q. 11. Discuss provision of bail available to an under trial under sections 436 and 437 of Cr.P.C. vis-a-vis section 436A inserted by the Code of Criminal Procedure (Amendment) Act, 2005. Evaluate the significance of insertion of Section 436A in Cr.P.C. (HJS 2011)
Q. 12. ‘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. The High Court granted him bail under Section 437 of Cr.P.C. The complainant wants to question the bail. Examine and decide.
- Whether complainant can question the bail?
- On what grounds can the bail be cancelled?
- What does the term ‘judicial discretion’ imply?
- Can bail be granted on parity of reason. (HJS 2015)
MISCELLANEOUS / PRACTICAL QUESTIONS
JUDGMENT WRITING/FRAMING OF CHARGE
Q. 1. Explain and discuss the difference in a summons case and a warrant case. [HJS 1984]
Q. 2. Explain and following:
- Search warrant
- Discharge and Acquittal [HJS 1986]
Q. 3. Write short note on the following
Difference between “Discharge” and “Acquittal” [DJS 1973, HJS 2011]
RAJASTHAN JUDICIAL SERVICE
PRELIMINARY (S. 1-5)
Q. 1. Distinguish between ‘bailable’ and ‘non-bailable’ offences. (RJS 1969, 1975)
Q. 2. Define any four of the following with reference to Criminal Procedure Code-
- Complaint
- Inquiry
- Police Report
- Warrant cases
- Cognizable offence
- Judicial Proceeding (RJS 1976)
Q. 3. Explain-
- Cognizable Offence
- Non-Cognizable Offence
- Summon Case (RJS 1977)
Q. 4. Explain and distinguish the following-
- Cognizable offences and Non-cognizable offence
- Bailable Warrant and Non-bailable warrant
Note: Give one illustration of each. (RJS 1979)
Q. 5. What is ‘Non-Cognizable offence’? (RJS 1984)
Q. 6. What is a ‘Warrants case’? (RJS 1984, 1991, 2011)
Q. 7. Define Cognizable Offence. (RJS 1991)
CONSTITUTION OF CRIMINAL COURT (S. 6 TO 25A)
Q. 1. Who can appoint a Public Prosecutor? (RJS 1984)
Q. 2. What is the difference between a Judicial Magistrate and a Metropolitan Magistrate? (RJS 1986, 1994)
Q. 3. Can a police officer be appointed as an Additional Public Prosecutor? (RJS 1986)
Q. 4. Who does establish the courts of the Judicial Magistrate of the first class? Who does appoint Judicial Magistrates in these Courts? (RJS 2011)
Q. 5. Who is the Judicial Officer competent to give special orders, as to the distribution of business among the Judicial Magistrates posted in a District Judgeship? (RJS 2014)
Q. 6. What do you understand by “Local Jurisdiction”? (RJS 2015)
Q. 7. How many classes of courts are established under the new Code of Criminal Procedure (1973) and in what manner the control of the Executive has been taken away by the new code? (RJS 1975)
Q. 8. How many kind of Magistrates are in your State? What are their powers? (RJS 1977)
Q. 9. What is the maximum sentence that can be passed by a Session Judge? (RJS 1984)
Q. 10. What is the maximum sentence that can be passed by a Chief Judicial Magistrate? (RJS 1984)
Q. 11. What sentence can be passed by a Chief Judicial Magistrate? (RJS 1991)
Q. 12. Who is a Public Prosecutor? Can he withdraw a criminal case? (RJS 1991)
Q. 13. What are various classes of Criminal Courts under the Code of Criminal Procedure. (RJS 1991)
POWER OF COURT (S. 26-35)
Q. 1. What Courts have Jurisdiction to try Juveniles? (RJS 1986,1994)
Q. 2. A Sessions Judge leaves his Sessions Division. Who can dispose off urgent applications and under what circumstances? (RJS 1986)
Q. 3. What are special duties and responsibilities of a Chief Judicial Magistrate under the Code of Criminal Procedure, 1973? (RJS 1986)
Q. 4. To what extent an Assistant Session Judge can pass a sentence? (RJS 1986)
Q. 5. To what extent a Chief Judicial Magistrate can pass a sentence? (RJS 1989)
Q. 6. What is the limit of the term for which the court may direct the offender to be imprisoned in default of payment of fine, if the offence be punishable with imprisonment as well as fine? (RJS 1991)
Q. 7. What maximum sentence can be passed by a Session Judge? (RJS 1994)
Q. 8. What sentence can be awarded by a Session Judge? (RJS 1991)
POWER OF SUPERIOR OFFICER OF POLICE (S. 36)
Q. 1. Can a Dy. Inspector General of Police exercise the power of a Station House officer? If so, under what provision of law? (RJS 1986)
Q. 1. When can a private person arrest any other person? [RJS 1984]
Q. 2. Who is a Registered Medical Practitioner under the Code of Criminal Procedure 1973? [RJS 1986]
Q. 3. State the circumstances under which a private person may arrest another person. [RJS 1991]
Q. 4. Why can an arrested person not resist against his medical examination under Section 53 of the Code of Criminal Procedure, 1973? [RJS 1999]
Q. 5. Write short note on Arrest by private person and procedure on such arrest. [RJS 2014]
Q. 1. Can a Munsiff-cum-Judicial Magistrate direct a process-server of the a summon issued by him in a criminal case? [RJS 1986]
Q. 2. Can a summon be served by registered post upon an accused person? If so, under what law? [RJS 1986]
Q. 3. What are the processes to compel the appearance of a witness in a court? [RJS 1986]
PROCLAMATION AND ATTACHMENT (S. 82-86)
Q. 1. Summarize the procedural law dealing with an absconding person against whom a warrant has been issued by the Court. [RJS 1980-81]
Q. 2. What topics have been dealt within Sections 82 and 83 of the Code of Criminal Procedure 1973? [RJS 1986]
Q. 3. Write brief note on Proclaimed offender. [RJS 1991]
Q. 4. B absconds after committing a crime. How can he be compelled to appear before the Court? What action may be taken by the court if B does not appear? [RJS 1999]
SUMMONS TO PRODUCE (S. 91-92)
Q. 1. Under what circumstances a person becomes vicariously liable for the act of others? [RJS 1975]
Q. 2. Whether an accused person be directed to produce a document? If so, under what provision of law? [RJS 1986]
Q. 1. (a) Discuss the emergency procedure in the Code of Criminal Procedure for the discovery of the person who is wrongfully confined
(b) The natural father took away his son from the custody of the adoptive ground that the adopt emergency procedure for the discovery of his adoptive son? Can the adoptive father take resort to the emergency procedure for the discovery of his adoptive son? [RJS 1974]
Q. 2. Which authority under the Code of Criminal Procedure (1973) can order for the immediate restoration of an abducted or an unlawfully detained woman or a female child under the age of 18 years, and what procedure shall he adopted to pass such an order? [RJS 1975]
Q. 3. When search warrant can be issued? [RJS 1991, 2011]
Q. 4. What are the grounds on the basis of which a search warrant may be issued? [RJS 1999]
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR (S. 106-124)
Q. 1. For what offences can a Court of Session or a Court of the First Class Magistrate while convicting and passing sentence on him order the accused to execute a bond with or without sureties for keeping peace for such period not exceeding three years as it thinks fit. [RJS 1975]
Q. 2. In what circumstances can a show cause notice for furnishing security for his good behaviour be issued by a judicial magistrate u/s 110 of Cr.P.C. (1973) and what procedure shall be followed by such magistrate? [RJS 1975]
Q. 3. Who can require a person to execute a bond for keeping the peace under Section 107 CrPC.? [RJS 1984]
Q. 4. Can a Judicial Magistrate direct a person to execute a bond for good behaviour? If so, to whom? [RJS 1986]
Q. 5. Describe the procedure to take security for keeping the peace and for good behavior [RJS 1991]
Q. 6. Describe the procedure to take security for keeping good behaviour and peace. [RJS 1994]
Q. 7.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 a bond for keeping peace and good behaviour for a period of one year? [RJS 1999]
MAINTENANCE (S. 125-128)
Q. 1. Can an aged father claim maintenance? [RJS 1991]
Q. 2. (a) Under what circumstances has a wife got a right to get maintenance from her husband? Can this right be exercised by parents or illegitimate children also?
(b) A was the wife of B. B divorced Aand married again. Can A file an application for maintenance against B and in which court? [RJS 1977]
Q. 3. (a) The original Section 488 of the Criminal Procedure Code was enacted as the part of the law to prevent vagrancy. The same appears to be the purpose of the replaced Section 125 of the Cr.PC, 1973 with certain important modifications agree? What you agree? What are the modifications made by the Act, 1973 in the old law? Discuss the law and the principal behind the provision.
(b) Salima, the wife of Fatehdeen, obtains an order from the Magistrate under section 125, Cr.P.C. for her maintenance at the rate of Rs. 500/- p.m. on 1-4-1979. Fathdeen pronounces Talak on her on the same day, i.e. on 1-4-1979 after the court had passed the order against him. When on 2-5-1979 Salima presents an application to the Magistrate that Fatehdeen had not paid the amountof R500 due on 1-05-1979, Fatehdeen pleads in his defence that Salma had ceased to be his wife with effect from 1-4-1979 and therefore he had no obligation to pay her the maintenance amount. Decide
(c) Madhuri presents a petition under Section 125, Cr.P.C. against Virendra Kumar for her maintenance and for the maintenance of her three minor sons and for the maintenance of major daughter, who is an idiot, alleging that she had married Virendra Kumar about 20 years back secretly in a temple and now Virendra Kumar had turned her out of the house and refused to maintain her and her sons and daughter. Virendra Kumar in his defence pleads that Madhuri was no more than a concubine and no marriage ceremony took place between him her at any time. Suppose the marriage is not proved. Decide. [RJS 1979]
Q. 4.What are the considerations to be taken into account in the matter of grant of maintenance to a wife and her child whom the husband has neglected to take care of? [RJS 1984]
Q. 5.What is the limitation within which warrant for the recovery of amount may be issued u/s 125, Code of Criminal Procedure? [RJS 1986]
Q. 6. A, a Hindu, while playing fraud marries B, A Hindu woman, as per Hindu rites. Later on B discovers that A has living wife. Whether B can claim maintenance from A? What offence A and B have committed? [RJS 1986]
Q. 7. A and B were married at Calcutta. They last resided together at Delhi. A came on transfer to Jaipur leaving B with her brother at Delhi. He neglected and refused to maintain ‘B’ At what places application for maintenance under Section 125 of the Code of Criminal Procedure can be filed? [RJS 1989]
Q. 8. To whom a magistrate can order to maintain a divorced Muslim woman? [RJS 1989]
Q. 9. Whether a person can be ordered to pay maintenance to an adult son who is physically disabled and unable to maintain himself? [RJS 1991]
Q. 10. What is the maximum amount of monthly allowance for maintenance which a court can grant? [RJS 1991]
Q. 11. Who are entitled to maintenance? [RJS 1991]
Q. 12. Whether a divorced wife can claim maintenance? What is the maximum amount of maintenance permissible in Cr.Р.С? [RJS 1994]
Q. 13. A wife, who is unable to maintain herself, files an application claiming maintenance t her husband under section 125 of the Code of Criminal Procedure, 1973. She also requests the Court to order for interim maintenance pending final disposal of the matter. The non-applicant (husband) objects the demand of interim maintenance on the at there is no such provision in the said Section of the said code. Decide. [RJS 1999]
Q. 14. When can an order for paying maintenance passed under Section 125 of the Code of Criminal Procedure be altered? [RJS 2011]
Q. 15. How and when a Magistrate can set aside an ex-parte order passed while exercising powers under Section 126 of the Code of Criminal Procedure. [RJS 2014]
PUBLIC NUISANCES (S. 133-143)
Q.1. You are a magistrate and informed by a police that the students of a medical college who are on strike are collecting at a square from where they would go to the office of the principal, beat him with lathis and burn the office furniture. You are requested to take immediate actions in the matter to maintain law and order. Please indicate what steps you would be taking under the Criminal Procedure Code and draft a suitable order or orders. (RJS 1974)
Q.2. Write short note on Conditional order for removal of nuisance under The Code of Criminal Procedural, 1973 the followings. (RJS 2016)
URGENT CASES OF NUISANCE AND APPREHENDED DANGER (S. 144-148)
Q. 1. How long does an order, passed under Section 144, Cr.P.C. remain in force? (RJS 1984)
Q. 2. What is the question which an Executive Magistrate can decide in a proceedings under Section 145, Cr.P.C. relating to a dispute concerning land which is likely to cause breach of peace? (RJS 1984)
Q. 3. What topics have been dealt with in Section 145 and 146 of the Code of Criminal Procedure, 1973? (RJS 1986)
Q. 4. Describe the procedure to be followed by the Magistrate where dispute concerning land or water is likely to cause breach of peace. (RJS 1991)
Q. 5. Describe the procedure to be adopted in case of dispute concerning right of use of land or water is likely to cause breach of peace. (RJS 1991)
PREVENTIVE ACTION OF THE POLICE (S. 149-153)
Q. 1. Discuss the power of the police regarding prevention of offences. (RJS 1991)
F.I.R. & INVESTIGATION (S. 154-176)
Q. 1. Who can investigate a cognizable offence? (RJS 1984, 1994)
Q. 2. Who can record the confession of an accused under Section 164, Cr.P.C? (RJS 1984)
Q. 3. When must a Police Officer investigating a case write the case-diary? (RJS 1984)
Q. 4. What is a First Information Report? What is its value? (RJS 1984)
Q. 5.What is the duty of the Court while recording the confession of the accused? What must the court do if an accused brought before it from police custody for recording of his confession, refuses to do so? (RJS 1984)
Q. 6. Can a police remand be granted without actual production of the accused before a Judicial Magistrate? If so, under what provision of law? (RJS 1986)
Q. 7. Can a police officer filing challan be compelled to attach the bonds of prosecution witnesses? If so, under what provisions of law? (RJS 1986)
Q. 8. Can a substance of information regarding cognizable offence may be sent by post? If so, to whom? (RJS 1986)
Q. 9. A was arrested in the forenoon of 19-7-1985 for offence u/s 302 I.P.C. A was produced before the Magistrate on 20-7-1985. The investigating officer submitted challan on 17-10-1985. Whether accused A is entitled for bail u/s 167 Cr.P.C. or not? For calculating 90 days, which will be the starting date? (RJS 1986)
Q. 10. A police officer making an investigation may by order in writing require the attendance before himself of any person who from the information given or appears to be otherwise acquainted with the facts and circumstances of the case and such person shall attend and so required. There are certain exceptions to it. Explain them. (RJS 1989)
Q. 11. What do you understand by Investigation? (RJS 1991)
Q. 12. Define First Information Report. (RJS 1991)
Q. 13. An accused of murder is in custody. Police could not forward challan against him within 90 days of his committal to custody. On the 91st day the accused applied for bail before the lunch hours of the Court. On the same day, after the lunch, police submitted the report (challan) against him. Can the application for bail be rejected? (RJS 2011)
Q. 14. Write short note on the following: “Police to inquire and report on suicide”. (RJS 2014)
Q. 15. Write a detailed note about the procedure given in the Code of Criminal Procedure, 1973 when investigation cannot be completed in 24 hours. (RJS 2015)
JURISDICTION OF COURT IN INQUIRIES AND TRIAL (S. 177-189)
Q. 1. (a) A kidnapped a girl in Delhi and took her to Bombay where he cheated her of her ornaments. Can A be tried in Delhi for the offence of cheating?
(b) A is wounded in the state of Madras, and dies of his wounds in Poona. Can the offence of causing A’s death be inquired into and tried in Poona?
(c) What court has jurisdiction in the case of an offence committed on a journey by train from Jaipur to Bombay?
(d) A stole B’s watch at Delhi and sold it to C at Calcutta. Can C be tried at Delhi for the receipt of stolen property? (RJS 1969)
Q. 2. What do you understand by a deferred chargesheet or final report.
A magistrate on perusal of a deferred chargesheet thinks that the police should have put up a chargesheet or challan against an accused. How is the magistrate to proceed in the matter? (RJS 1974)
Q. 3. A minor girl was kidnapped from Dhaulpur, concealed at Bharatpur and detained at Jaipur. Whether the offence of kidnapping may be tried at Bharatpur and Jaipur? (RJS 1986)
Q. 4. A is travelling from Delhi to Bombay by train. During the night his suit-case is stolen. The theft is discovered at Bombay. B is caught with the stolen suit-case at Jaipur. Where B can be tried for theft? (RJS 1991)
COGNIZANCE OF OFFENCE (S. 190-199)
Q. 1. What do you mean by ‘taking cognizance of an offence’ ? How can it be taken by a magistrate? (RJS 1971)
Q. 2. Can a court take cognizance of an offence against a public servant while acting or purporting to act in the discharge of his official duties, on the mere complaint of any person? If not, why? (RJS 1984)
Q. 3. On what basis can a Magistrate take cognizance of an Offence? (RJS 1984)
Q. 4. Can a court of an Additional Sessions Judge take direct cognizance of an offence? If so, under what provision of law? (RJS 1986)
Q. 5. What are the exceptions to the general rule of law that any citizen can set the machinery of criminal law in motion? Illustrate your answer. (RJS 1989)
Q. 6. When can a Magistrate take cognizance of any offence? Can a Session Judge take cognizance of any offence as a Court of original jurisdiction? (RJS 2011)
FORM OF CHARGES AND JOINDER OF CHARGES AND EFFECT OF DEFECTIVE CHARGE (S. 211-224)
Q. 1. (a) ‘For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately. Comment.
(b) House of X was burgled at Ajmer on 10th August, 1969. Some articles in the burglary were recovered from A in September, 1969, some were recovered from B in October,1969, some were recovered from C in November, 1969, and some were recovered from D in February, 1970. A, B, C and D were charged and tried at one trial and convicted and sentenced under section 379 of I.P.C. They appeal against their conviction and sentences. Decide the above appeal. (RJS 1969)
Q. 2. In case of a doubt that a particular offence falls under which of the two sections of the Penal Code, how shall you deal with such an offence in your Judgment? (RJS 1974)
Q. 3. What should be the contents of a charge? (RJS 1975)
Q. 4. Can an accused be tried at one trial for the act done by him which constitute different offences under the Penal Code but are the parts of the same transaction? (RJS 1975)
Q. 5. If a single set or series of sets is of such a nature that it is doubtful which of the several offences which can be proved will constitute, then in that event how the charge or charges be framed by the court. Shall it be lawful to frame under such circumstances alternative charges? (RJS 1975)
Q. 6. (a) What is charge? What are its contents?
(b) A magistrate after reading and explaining the charge to an accused records the plea also of the accused. Can he later on alter the charge?
(c) A is accused of six offences of the same kind committed within space of twelve months from the first to the last of such offences in respect of the same person. Can he be tried at one trial for all those offences? (RJS 1976)
Q. 7. After the charge is framed and the trial is in progress whether the Court can alter the charge?
When accused shall be discharged? State the procedure in a warrant case-instituted on a police report or instituted otherwise than on a police report. (RJS 1980-81)
Q. 8. Whether an accused can be charged in the alternative with having committed some one of the many offences? (RJS 1980-81)
Q. 9. At what stage can a Court alter a charge? (RJS 1948)
Q. 10. A, on the basis of the copy of forged will obtains a stay order from the court against B. Later on B lodged a report with the police against A alleging the Will to be forged. Police after investigation submitted challan against A. The Magistrate framed the charge u/s 465, 468 IP.C. but refused from framing charges u/s 471, 474 I.P.C. Explain what was the reason and whether Magistrate was right in not framing the charges? (RJS 1986)
Q. 11. Upto what stage can a court alter, add or amend a charge? (RJS 1989)
Q. 12. Whether on an application in writing made by an accused person, he can be tried for more than 3 offences at one trial? (RJS 1991)
Q. 13. Frame a charge-
- for an offence u/s 326 read with Section 149 I.P.C.
- for an offence u/s 307 I.P.C. (RJS 1991)
Q. 14. Can charge be altered? If so, when? (RJS 1991)
Q. 15. Write short notes on joinder of charges. (RJS 1991)
Q. 16. State the particulars which a ‘charge’ should contain. What is the effect of defective charge? (RJS 1991)
Q. 17. “For every distinct offence of which a person is accused, there shall be a separate charge every such charge shall be tried separately.” -State the exceptions to this rule. (RJS 1999)
Q. 18. What are the contents of charge? What particulars as to time, place and persons should be given in the charge? Can the Court alter a charge once framed? (RJS 2011, 2015)
SESSION TRIAL (S. 225-237)
Q. 1. Can a Court of Session pass a sentence without hearing the accused? If not, what is the effect? (RJS 1977)
Q. 2. On what ground can a Court of Session discharge an accused? (RJS 1984)
Q. 3. At what stage is an accused examined in a Sessions Trial? What questions must be put to him by the Court? (RJS 1984)
Q. 4. A case was committed to Sessions Judge for trial of murder. Police had recovered a lathi from the accused. Witness M had stated before the investigating officer that he saw accused running towards deceased. Sessions Judge discharged the accused. Is his Judgment correct? (RJS 1989)
WARRANT TRIAL (SS. 238-250)
Q. 1. How is a previous conviction against an accused proved at a subsequent trial?
A second class magistrate recorded evidence in a theft case but before the pronouncement of judgment felt that on account of a previous conviction of the accused for theft he should be awarded a sentence of two years imprisonment. What procedure should be adopted by the magistrate for getting the accused adequately punished? (RJS 1969)
Q. 2. What are the ways and means for the speedy disposal of Warrant Cases. (RJS 1986)
Q. 3. State briefly the procedure for trial of warrant cases instituted on a police report. (RJS 1991)
Q. 4. Give Procedure to be adopted by the Magistrate in the trial of a warrant case instituted on a police report. (RJS 2011)
Q. 5. When an accused can be discharged by a Magistrate? (RJS 2015)
Q. 1. How does the trial of a summons case differ from that of a warrant case? Write a brief note thereon. (RJS 1971)
Q. 2. Write brief notes on record in summons cases and inquiries. (RJS 1980-81)
Q. 3. In a summons case, the complainant is absent at the appointed date of hearing. What orders can the Magistrate pass in such circumstances? (RJS 1984)
Q. 4. When and how an accused who is not present before the Magistrate can be convicted in petty cases on plea of guilty? (RJS 2015)
SUMMARY TRIAL (S. 260-265)
Q. 1. (a) What is procedure for a summary trial by a magistrate?
(b) An Additional District Magistrate summarily tried as a summons case an offence punishable with three years rigorous imprisonment and convicted the accused. Please state if the conviction is legal. (RJS 1974)
Q. 2. (a) Give a summary of law relating to summary trials. What procedure the courts are required to follow in a summary trial?
(b) Can summary trial be held in the following cases?-
- in contempt of court
- theft cases
- insult cases
- in cases where the accused pleads guilty? (RJS 1979)
Q. 3. Write brief notes on Judgment in cases tried summarily. (RJS 1980-81)
Q. 4. Write a note on summary trial. What offences can be tried summarily? (RJS 1989)
Q. 5. In a summary trial the accused does not plead guilty. What is required to be stated in the judgement by the Magistrate? (RJS 2011)
Q. 6. Discuss the summary procedure given in the Code of Criminal Procedure for trial for giving false evidence. (RJS 2014)
PLEA BARGAINING (S. 265A-265L)
Q.1. Discuss the provisions relating to application for plea bargaining and guidelines for mutually satisfactory disposition under the Code of Criminal Procedure, 1973. (RJS 2016)
MODE OF TAKING AND RECORDING EVIDENCE (S. 272-283)
Q. 1. Write brief notes on the following-
Remarks respecting demeanour of a witness. (RJS 1980-81)
Q. 2. Who is competent to determine the language of each Court within the State other than the High Court for the purpose of Code of Criminal Procedure, 1973 (RIS 2014)
RECORDING OF EVIDENCE IN ABSENCE OF ACCUSED
Q. 1. It is proved that the accused has absconded and is not likely to be arrested immediately. Can the Court examine the witnesses against him produced by the prosecution in his absence? (RJS 2011)
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
DOUBLE JEOPARDY & FREE LEGAL AID (S. 300-327)
Q. 1. A, B, C and D were tried by a Second Class Magistrate for the offence of cheating X. A and B were convicted under Section 420 I.P.C., but C and D were acquitted. A and B went in appeal and the appellate court set aside the conviction of A and B holding that the whole trial was void as a Second Class Magistrate could not try a case under Section 420 of I.P.C. X again prosecutes C and D for the same offence on the same facts. C and D set up their previous acquittal in bar of their trial. Decide giving reasons. (RJS 1969)
Q. 2. Who is an approver? Why do criminal courts recognise him? What are the provisions for reception of his evidence and for tendering pardon? When may the tender of pardon be withdrawn? (RJS 1971)
Q. 3. An accused is discharged or acquitted by the Court. Can he be tried again for the same offence? (RJS 1980-81)
Q. 4. An accused before a Court of Sessions has no means to engage a pleader. What must the Sessions Judge do in such a case? (RJS 1984)
Q. 5. Who is an ‘approver? (RJS 1984, 1994)
Q. 6. Who can withdraw a criminal prosecution? Does the Court have any role to play in the withdrawal of prosecution? If so, what is its role? (RJS 1984)
Q. 7. Is it permissible in law for an accused to give evidence in his own favour in a criminal trial? Can the Court, if it considers necessary, direct an accused to give evidence in his case, and draw an adverse inference against him if the accused refuses to do so? (RJS 1984)
Q. 8. Can a Judicial Magistrate examine an accused u/s 313, Cr.P.C., 1973 immediately after recording the statement of an eye-witness? (RJS 1986)
Q. 9. Can a condition regarding payment of compensation be imposed while granting permission u/s 320 (2), Cr.P.C., 1973 to compound a case? (RJS 1986)
Q. 10. Write the offences for which a court can tender pardon to an accomplice? (RJS 1986)
Q. 11. Accused A faced trial before magistrates. During the trial his personal attendance was exempted through a lawyer. After the prosecution evidence was closed. Magistrate ordered to produce accused A. A’s counsel submitted that A did not want to reply any question and would not raise question of prejudice at any stage. Reply following questions-
- Can the magistrate compel the attendance of the accused in the court to answer questions?
- If convicted, can the accused say in appeal that he was prejudiced because he was not examined? (RJS 1989)
Q. 12. If a Magistrate is of opinion after hearing the evidence for the prosecution and the accused that the accused is guilty and that he ought to receive a more severe punishment than that which such Magistrate is empowered to inflict, what should be done by the Magistrate? (RJS 1991)
Q. 13. Who can commute sentences? (RJS 1994)
Q. 14. At what stage an accused is examined in a criminal trial? What questions must be put to him? (RJS 1994)
Q. 15. An accused is, by reason of his previous conviction, liable to enhanced punishment. Can his offence be compounded? (RJS 2011)
COMPOUNDING OF OFFENCE
Q. 1. A marries again during the life-time of his wife. A is prosecuted. Can the offence be compounded? Whose permission is necessary? (RJS 1989)
Q. 2. Whether the offence of voluntarily causing grievous hurt can be compounded? (RJS 1991)
OFFENCES AFFECTING ADMINISTRATION OF JUSTICE (S. 340-352)
Q. 1. What stage can a magistrate of the first class tender a pardon to an accused? Is it necessary that such an accomplice be examined before the committing magistrate as a witness? (RJS 1989)
THE JUDGMENT (S. 353-365)
Q. 1. What should be the contents of a judgement in a criminal trial and in what language it should be delivered by the court? (RJS 1974)
Q. 2. State the cases in which to whom the court can direct the accused to pay compensation. (RJS 1977)
Q. 3. What must a court do when it finds that an accused before it who is less than 16 years of age, is found guilty of an offence punishable with a maximum sentence of seven years rigorous imprisonment? (RJS 1986)
Q. 4. Can compensation be awarded to a complainant? If so, under what circumstances? (RJS 1986)
Q. 5. What are the provisions for awarding compensation to a person groundlessly arrested? (RJS 1986)
Q. 6. Who are empowered to administer oath to deponents of affidavits to be filed before a Criminal Court and under what law? (RJS 1986)
Q. 7. How a judgment is pronounced by the court? A Magistrate orally pronounced a judgment convicting B u/s 323 I.P.C. and sentenced him for 2 months. Next day when judgment was typed and signed the sentence written was 2 months and fine of Rs.100?- and in default further to go simple imprisonment for 3 days. Which judgment is to prevail? (RJS 1986)
Q. 8. What provisions have been made in Criminal Procedure Code regarding probation? (RJS 1991)
Q. 9. What are the provisions regarding probation in Cr.P.C.? (RJS 1994)
Q. 10. At what stages of the trial can an order to release on probation be passed? (RJS 2011)
Q. 11. Discuss the provisions of the Code of Criminal Procedure, 1973 in relation to grant of compensation to the persons groundlessly arrested. (RJS 2014)
Q. 12. Discuss the provisions relating to Victim Compensation Scheme prescribed under Section 357A, grant of compensation as per Section 357B and treatment of victims as per provisions of Section 357C of the Code of Criminal Procedure, 1973. (RJS 2014)
SUBMISSION OF DEATH SENTENCE FOR CONFIRMATION (S. 366-371)
Q. 1. A Sessions Court has passed the sentence of death against an accused person. What must the Court of Sessions do after passing the sentence? (RJS 1984)
Q. 2. How many judges are minimum required for confirming a death sentence? (RJS 1994)
APPEALS (S. 372-394)
Q. 1. Who can appeal against an original or appellate order of acquittal passed by a Sessions Judge, and how can such an appeal be preferred? (RJS 1984)
Q. 2. To what extent does an appeal lie against conviction of plea of guilty? (RJS 1986)
Q. 3. “Every criminal appeal shall finally abate on the date of appellant.” Is there any exception to this rule? (RJS 1991)
Q. 4. Narrate the appellate powers of High Court in criminal cases. (RJS 1991)
Q. 5. “Every criminal appeal shall finally abate on the death of appellant.” Is there any explanation to the rule? (RJS 1994)
Q. 6. When is an appeal not abated on the ground of death of the accused? (RJS 1999)
Q. 7. Whether the State Government can file appeal against the order of acquittal? (RJS 2015)
REFERENCE (S. 395-396)
Q. 1. In what type of cases can a Court make a reference to the High Court? (RJS 1984)
Q. 1. What is an interlocutory order? Does a revision lie against such order? (RJS 1977)
Q. 2. Sessions Judge has rejected the petitioner’s revisional application. Can he challenge the order in revision before the High Court? (RJS 1980-81)
Q. 3. What is the nature of the revisional jurisdiction of the High Court? (RJS 1984)
Q. 4. What is the nature of revisional jurisdiction of the High Court? (RJS 1994)
TRANSFER OF CRIMINAL CASES (S. 406-412)
Q. 1. (a) What is the power of the Supreme Court and the High Courts to transfers cases and appeals? State the law fully.
(b) Can a case be transferred by the High Court in the following cases?-
- A, an accused of economic offences, alleges that on account of certain remarks made by the judge he apprehends that judge is prejudiced against him.
- A, an accused of rape, pleads for the transfer of the case on the averment that the entire city was against him and whenever he is taken to the court there are huge demonstrations against him and people try to hit him with stones, and in such circumstances no one was willing to come forward to give evidence in his favour.
Decide the above cases giving arguments from both side. (RJS 1979)
Q. 2. Can a criminal trial be transferred from one state to another? If so by whom? (RJS 1984, 1994)
Q. 3. A dispute regarding exercise of criminal jurisdiction arises between two courts of different states. State as to which court shall resolve the said dispute? (RJS 1999)
Q. 4. Who can transfer a criminal case from a Criminal Court subordinate to one High Court to a Criminal Court subordinate to another High Court? Who must apply for such transfer? (RJS 2011)
LEVY OF FINE (S. 421-423)
Q. 1. Whether fine is recoverable from the assets of the deceased offender? If so, under what law? (RJS 1986)
Q. 2. How fine is recovered? (RJS 1986)
GENERAL PROVISIONS REGARDING EXECUTION (S. 421-431)
Q. 1. Whether the period of detention undergone by an accused is set off against the sentence of imprisonment? If so, to what extent and under what law? (RJS 1986)
Q. 2. A, an accused was arrested on 1-12-1985 for the offence u/s 302, 307 I.P.C. After investigation the challan was submitted on 27-1-1986. The trial concluded on 1-12-198. A was sentenced for life imprisonment u/s 302 L.P.C. and for 7 years u/s 307 I.P.C.
Reply the following questions-
To what extent the accused is entitled to set off? (RJS 1986)
SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES (S. 432-435)
Q. 1. A, an accused was arrested on 1-12-1985 for the offence u/s 302, 307 I.P.C. After investigation the challan was submitted on 27-1-1986. The trial concluded on 1-12-1987. 1-12-1987. A was sentenced for life imprisonment u/s 302 I.P.C. and for 7 years u/s 307 I.P.C.
Rely the following questions-
To what extent the appropriate Government can commute his sentence? (RJS 1986)
Q. 2. Discuss the law relating to power to commute the sentence. (RJS 2014)
BAIL & BAIL BONDS (S. 436-450)
Q. 1. What are the guiding principles for the decision of an application for grant of ball in a case involving non-bailable offences? Are the powers of a Magistrate and a Sessions Judge the same in this behalf? (RJS 1969)
Q. 2. A was put for trial under section 324 L.P.C, a bailable offence, for causing hurt by a dangerous weapon and had been granted bail by the court trying him. On taking all the prosecution evidence and examining the accused, the Magistrate framed a charge against A under section 326 I.P.C. for causing grievous hurt by a dangerous weapon which is a non-bailable offence. The prosecution applies to the court to cancel A’s bail and to commit him to custody pending his trial. A pleads that when once enlarged on bail his bail cannot be cancelled. Decide, giving reasons. (RJS 1969)
Q. 3. On receiving a report in the morning of 18-4-1971 about house breaking by night in order to commit theft, when the Sub-Inspector of Police reached the spot of occurrence, found the foot-prints of a certain person thereon. The tracker opened that the foo-prints were of a previous convict Rehman. The Sub-Inspector arrested Rehman in the afternoon of that very day and even though ornaments worth Rs. 7000/- had been stolen from the broken house, no close of the stolen ornaments was available till afternoon of the next day.
Rehman was thereupon forwarded by the Police to the magistrate having jurisdiction in the afternoon of 19-4-71 with a report that stolen articles, having not been recovered, detention of Rehman be authorised in the police custody for 14 days more. A bail application was moved on behalf of Rehman that there being no material evidence against him except that of a tracker, which was a very weak one, he should be released on bail.
There was no other evidence on the record for connecting Rehman with the offence except that of the tracker. Write an appropriate order on Police report and the bail application. (RJS 1971)
Q. 4. Please give in details the procedure prescribed for the forfeiture of bail bonds and surety bonds.
If a person required by a court to execute a bond is a minor then how the court shall deal with the matter of the execution of bond by such a person? (RJS 1974)
Q. 5. (a) Please describe the procedure to be followed by a Criminal Court for the forfeiture of a bail bond for the appearance of an accused in court on the accused absenting himself on a date of hearing.
(b) Can a bail bond for the appearance of an accused in a court at place A be forfeited on the failure of the accused to appear before another court at place B on the transfer of the case to that court? (RJS 1974)
Q. 6. Can a magistrate grant bail to an offender who has been guilty of an offence punishable with death or imprisonment of life? If yes, then in what circumstances an offender can be enlarged on bail? (RJS 1975)
Q. 7. Explain-
Can there be bail before arrest? If so, state the circumstances and conditions in which such bail can be granted and by whom? (RJS 1977)
Q. 8. (a) What is an anticipatory bail? Under what circumstances can it be granted? Discuss the law in the light of the latest Supreme Court judgments.
(b) A, a political leader and a Cabinet Minister in a former State Government applies for anticipatory bail averring that the Government is planning to prosecute him for his alleged involvement in Emergency excesses and the investigations are in progress in several Districts. He apprehends that he may be arrested at any time.
(c) A alleges that he had been falsely implicated in the murder of X, a political opponent, and is likely to be arrested at any time. He applies for anticipatory bail.
Can A be granted anticipatory bail in the above cases? Give arguments on both sides supported by case law. (RJS 1979)
Q. 9. Can bail be taken in case of non-bailable offence? (RJS 1980-81)
Q. 10. What do you understand by anticipatory bail? Which court can grant anticipatory bail? (RJS 1984)
Q. 11. What are the considerations which must weigh with the Court in the matter of grant of bail to an accused? (RJS 1984)
Q. 12. Whether bail can be refused in a bailable offence? If yes, then by whom and in what circumstances? (RJS 1986)
Q. 13. Under what circumstances a police officer can release an accused on bail after his arrest for a cognizable offence but which is not bailable? (RJS 1989)
Q. 14. A committed an offence at Calcutta. He then came to Ajmer. Police arrested him at Ajmer on the basis of a warrant issued by a court of Calcutta. Can A be granted bail at Ajmer? If so, by whom? (RJS 1989)
Q. 15. When bail can be taken in non-bailable offences? (RJS 1991)
Q. 16. Write short note on Anticipatory Bail. (RJS 1991, MPJS 2009)
Q. 17. What is an Anticipatory Bail? Which court can grant it, and on what conditions? (RJS 1994)
Q. 18. What are considerations for grant of bail? When can bail be cancelled? (RJS 1994)
Q. 19. What is a “non-bailable” offence? State the circumstances whereunder an accused is entitled to be released on bail. (RJS 1999)
Q. 20. A first information report has been lodged against ‘A’ for cheating and dishonestly inducing delivery of property. By developing your own facts pertaining to the offence referred above, write an application on behalf of ‘A’ to have direction for grant of bail apprehending arrest. (RJS 2014)
Q. 21. An accused applies for anticipatory bail for the offence under section 409 I.P.C. The public Prosecutor opposes the bail for the mere reason that the punishment provided therefor is imprisonment for life. He argues that the exception contained in section 437(1) Cr.P.C. Should govern the grant of relief under section 438(1). The defence counsel argues that the exception engrafted in section 438(1) cannot limit the operation of section 437(1) which has no such exception. (RJS 2014)
DISPOSAL OF PROPERTY (S. 451-459)
Q. 1. Can a Police Officer subordinate to the officer-in-charge of a police station seize any property which may be alleged or suspected to have been stolen or which may be found under circumstances which create suspicion of the commission of a crime? If Yes, then what further procedure such officer has to adopt? (RJS 1975)
IRREGULAR PROCEEDINGS (S. 460-466)
Q. 1. What type of errors in the framing of a charge vitiate the trial? (RJS 1974)
Q. 2. A Magistrate, not empowered by law in this behalf issues a search warrant u/s 94 Cr.PC, 1973 erroneously in good faith. Do you think that the proceedings should be set aside? Give reason for your answer. (RJS 1986)
Q. 3. Mention those irregularities, which will vitiate proceedings? (RJS 1986)
LIMITATION FOR TAKING COGNIZANCE (S. 467-473)
Q. 1. (a) Is there any period of limitation prescribed for taking cognizance of offences? If so, specify the offences with their period of limitation.
(b) A voluntarily causes hurt to B on 1-4-1974 in Ajmer at 4 p.m. and then leaves for London. A is punishable under section 323 I.P.C. with imprisonment which may extend to one year. A returns on 1-7-1975. B wants to file a complaint against A. Can B do so? If so, please draft a short complaint for him. (RJS 1976)
Q. 2. What is the period of limitation for taking cognizance of an offence if it is punishable with imprisonment for a term not exceeding one year? Does this limitation apply to economic offences also? (RJS 1976)
Q. 3. Whether a court can take cognizance of an offence even after the expiry of the period of limitation? If so, under what circumstances? (RJS 1991)
Q. 4. What is the limitation period for taking cognizance of offences? (RJS 2011)
TRAIL BEFORE HIGH COURT AND INHERENT POWER OF THE HIGH COURT (S. 474-484)
Q. 1. When a High Court can quash a process in a complaint case. (RJS 1986)
Q. 2. To what extent a Magistrate and a Sessions Judge can pass a sentence in deta payment of fine? (RJS 1986)
Q. 3. Which court can exercise inherent power under Section 482 Cr.P.C. (RJS 1994)
Q. 4. Write short notes on Inherent Power under the code. (MPJS 2009, 2010)
MISCELLANEOUS / PRACTICAL QUESTIONS
JUDGMENT WRITING/FRAMING OF CHARGE
Q. 1. C went to see a cinema show after locking his house. On his return after about three hours he found that the lock had been broken open and the house ransacked. C also found that his clothes and a gold locket on which his name was engraved had been removed. C reported the matter to the police the same day. The Station House Officer arrested the accused A on the third day of the incident and when interrogated A stated: “I committed the theft. I sold the clothes in the market but have concealed the locket in a hole in a tree trunk in the jungle.” The investigating officer recovered the locket from the hole in the tree pointed out by A but he could not recover the clothes. At the trial before the magistrate for offences u/s’s 350 & 457 I.P.C.
The prosecution examined
- the Station House Officer,
- C the first informant,
- G a goldsmith who prepared the locket for C,
- M a motbir of recovery.
The accused denied to have committed any offence. He further denied to have given any statement before the Station House Officer or to have pointed out the tree. He produced no defence evidence. Please write a short judgment in the case. [RJS 1969]
Q. 2. A was a Cashier-cum-Accountant in the Water Works Department. On ten different occasions he took away various sums of money from the cash box in his charge and utilized them for his household purposes. He also altered the entries in the cash book to create the impression that the cash on hand in the box was in accordance with the receipts. All this happened within one year.
Please frame a charge or charges on the above facts and also indicate if all the charges, if you think that they should be more than one, could be tried together. [RJS 1969].
Q. 3. Distinguish between discharge and acquittal. Do they serve as a bar to fresh proceeding? [RJS 1969]
Q. 4. B, a Sub-Inspector Police, asked C, a constable, to torture D, a prisoner, for extorting confession from him. C refused but on a threat of dismissal by the Sub-inspector, he agreed. When D was being tortured by the constable, E, Station House Officer-in-charge of that police station came there. D complained before him but E did not reply and went to his adjoining room. After release from the custody D filed a complaint against 3, C, and E. Defence of C was, that he was compelled by the Sub-Inspector to torture D and E’s defence was that he never asked C to torture D. Discuss the validity of the defence put forward by C and E and also state offence for which B could be held liable. [RJS 1971]
Q. 5. Distinguish between the following giving illustrations–
False information and false charge. [RJS 1971]
Q. 6. B states on oath in a criminal Case before a magistrate that he saw A demolishing the Wall of D’s house on 3-4-1971. In a civil case regarding the same incident, B stated on oat}: later on before a Munsif that he had never seen A demolishing wall of D’s house.
- How should the Munsif proceed against B if he thinks that B has given false evidence. Write the appropriate order.
- Frame an appropriate charge against B in a criminal case filed against him for giving the above-mentioned false evidence. [RJS 1971]
Q. 7. Discuss the salient changes introduced in the criminal procedure by enacting the new Criminal Procedure Code of 1973. Do you justify these amendments? [RJS 1974]
Q. 8. When does a criminal trial start in Summons, Warrant, and Sessions cases? [RJS 1974]
Q. 9. Give in brief the changes thought about by the new Code of Criminal Procedure of 1973 to simplify the Procedure and speed up the criminal trials. [RJS 1975]
Q. 10. Imagine that you have got the record of criminal case No. 45/ 1974. State versus Hanuta offence under section 380 I.P.C. pertaining to the Court of Munsif Magistrate, Salumbar, The record contains all the papers, save the judgment. Write out the judgment. You are not to sign it. [RJS 1976]
Q. 11. Write a short judgment on the following facts-
K, S and J were three brothers. They had their separate lands. K’s lands were cultivated by S and I in his absence. K came and sold his land to M. M could not get possession. M and his party of seven persons came armed and began to plough the land. S protested and quarrel ensured. S received 72 injuries and died. The accused plead that K had put M in possession, S and I wanted to dispossess him by force. [RJS 1977]
Q. 12. Seven retrenched employees of the State Electricity Board along with other employees of the Electricity Board, held a Chief Minister. Of these seven employees five, namely Gani, Abdul, Ram, Budhram and Sadhuram were arrested by the police which used tear-gas to disperse the demonstrators. These five were taken to the police station and were put to third degree method and were released early in the morning. Immediately on their release impelled by an irresistible impulse to avenge themselves against the Chairman of the Electricity Board, whom they thought to be responsible for their retrenchment, they hired taxi and drove towards the house of the Chairman. Just as they were proceeding towards their destination, Gani stopped the car and entered a house emerged out of it with a pistol which he concealed in his pocket, and his colleagues were not aware of this fact. The taxi was parked about 10 yards away from the residence of the Chairman. Sadhuram remained in the fact. Ram and Budharam stood near the gate of the Chairman’s residence. At that time the Chairman was strolling in his lawn. Gani and Abdul entered the house and attacked the Chairman with fists and hand blows As the Chairman staggered, Gani fired pistol shot, Ram and Budharam ran to the taxi and made good their escape. On hearing the gun-shots, Chairman’s wife Madhu and his servant Ramdas rushed out of the house and they saw Gani and Abdul running out.
The police was informed and the Chairman was removed to the General Hospital in a critical condition. After making the statement that Gani and Abdul had attacked him and shot at him, he nsuccumbed to his injuries.
Subsequently all the five persons and taxi driver were arrested and were prosecuted for the murder of the Chairman. Madhu and Ramdas identified Gam‘ and Abdul as the persons whom they had seen running out of the house. Madhu further deposed that she saw Gani firing at the Chairman from a distance of about one yard. The surgeon who did the postmortem deposed that, in his opinion, shot was fired from a distance of about 15 yards.
Gani, Abdul, Ram, Budharam, Sadhuram and the taxi driver were charged with criminal conspiracy, murder, rioting, house-trespass, abetment to these offences.
Please decide the case giving out arguments of both prosecution and defence. [RJS1979]
Q. 13. Ram sold five acres of agricultural land to Karim for Rs. 2500/ -. The amount was paid to Ram in cash which he brought home and kept in a tin box. In the evening of the same day he talked of the deal to two of his friends Samaldas and Kirorimal and informed them that he had kept the cash in his house. When Samaldas and I(irorimal were going to their home, they planned to steal the money. Pursuant to their objective, armed with house breaking equipment, they went near the house of Ram at about 2 am. and made an entry in the outer wall of Ram where he was asleep & Kirorimal searched the house for the money. Kirorimal found the tin box containing the money. Just as Samaldas and Kirorimal were making their escape through the opening in the wall, Ram’s wife woke up and shouted, ”Thief, thief”, whereupon Ram and 3 of his sons who were sleeping on the first floor pursued Samaldas and Kirorirnal. Trying to escape from their pursuers, Samaldas and Kirorimal entered the house of Abdul Gani and closed the door from inside. Ram and his sons entered the house by sealing over the wall and tried to snatch the box from Kirorimal who was holding it. Kirorimal and Samaldas resisted, whereupon Ram and his sons attacked Kirorimal and Samaldas and recovered the box, but in this process they inflicted serious injuries on both of them. In attacking Samaldas and Kirorimal, Ram and his sons used knife and lathis.
Kirorimal and Samaldas were prosecuted for theft and house breaking.
Abdul Gani, Kirorimal and Samaldas also filed complaint against Ram and his sons under section 322 (voluntarily causing grievous hurt), section 326 (voluntarily causing grievous hurt with dangerous weapons) and section 444 (lurking house trespass) of the Indian Penal Code. Decide both the cases giving full arguments for the prosecution and defence. [RJS 1979]
Q. 14. Answer the following problem giving brief reasons for your answers-
A Sessions Judge at the trial convicts an innocent person for murder and sentences him to death. Can the Judge be prosecuted for this wrong. [RJS 1980-81]
Q. 15. Can the Court when it has signed its judgment or final order disposing of the case alter or review the decision? [RJS 1980-81]
Q. 16. What should be done in a case where the accused is present, but the evidence is given in a language not understood by him? [RJS 1984]
Q. 17. In what circumstance can evidence be given by affidavit in an inquiry or trial? [RJS 1984]
Q. 18.What must the court do before imposing a sentence on the accused in a criminal case, after it has found the accused guilty of an offence? [RJS 1984]
Q. 19. Can a Judicial Magistrate direct the police to file a challan against the accused person? Reference of a ruling be given in support of answer. [RJS 1986]
Q. 20. Frame charges u/s 148 and 325, Indian Penal Code. [RJS 1986]
Q. 21. A was sentenced for life imprisonment for offence u/s 302 I.P.C. by the session Judge. A moved an appeal against the sentence to the High Court, who In turn upheld the sentences of life imprisonment, but also imposed a fine of Rs. 5000/and in default to undergo a rigorous imprisonment for two years. Where order is wrong and how? [RJS 1986]
Q. 22.The proceeding wene instituted before a Magistrate by A u/s 325, 342 I.P.C. The accused
persons were summoned, but on the date of hearing the complaint was dismissed in default. Next day the complainant A moved an application for restoring the complaint justifying his absence. The Magistrate ordered to restore the complaint. What illegality, if any, has been committed by the Magistrate? [RJS 1986]
Q. 23. A hires six persons for the commission of an offence. They all went armed with sharp weapons into a house belonging to Z. A caused the death of Z and rest of the person caused grievous and simple injuries to X and Y. What offences have been committed by them? Frame appropriate charge against A only. [RJS 1986]
Q. 24. A father approached his married daughter from his first marriage for maintenance on the ground that he was unable to maintain himself. He was living with his second wife whom he had married when his first wife died about 30 years ago. The daughter raised a preliminary objection that Section 125 Cr.P.C. did not require daughters to maintain their parents. Magistrate dismissed objections. Is his order right? Give reasons. [RJS1989]
Q. 25. Distinguish between dismissal of a complaint, discharge and acquittal. What are the remedies available in each of these cases? [RJS1989]
Q. 26. ‘A’ inflicted several injuries by a sharp edged weapon. One of such injuries was grievous. Draft a complaint for the offences committed in these circumstances. [RJS 1991]
Q. 27. Write a judgement convicting the accused for an offence of theft? [RJS 1991]
Q. 28. Frame a charge for an offence of attempt to murder. [RJS1994]
Q. 29. Draft a complaint for an offence of dishonest misappropriation of property. [RJS 1994]
Q. 30. Write a judgment acquitting an accused of an offence of receiving stolen property. [RJS 1994]
Q. 31. On 15th January, 1998, at Jaipur Airport a custom officer conducted search of A and recovered some pieces of metal from his possession. For the examination of the said metal, an un-educated but experienced gold-smith was invited who opined that the said metal was gold. Consequently the gold was confiscated and the matter was referred to the Court for trial.
The accused defends himself on the grounds that (i) the proceedings and confiscation by the custom officer was prosecution and hence according to Section 300 of the Code of Criminal Procedure, 1973 he cannot be prosecuted in the Court and (ii) the gold-smill1 who examined the metal was not a competent expert.
Write a judgment deciding the case. [RJS 1999]
Q.32. Draft an order of attachment of property of a person who has committed the offence of extortion and is concealing himself to avoid his arrest. It must be in the prescribed
form. [RJS 2011]
Q. 33. A suit was instituted for damages on the basis of defamation but the plaintiff failed to prove his case. On imaginary facts write a judgment in this matter. [R13 2014]
Q. 34. Frame the charge for following-
(a) For an offence punishable under Section 326 read with Section 149 of the Indian Penal Code.
(b) For an offence punishable under Section 307 read with Section 34 of the Indian Penal Code.
(c) For an offence punishable under Section 379 of the Indian Penal Code. [RJS 2014]
Q. 35. On Vijaypath, at about 9.30 am. of 15.09.2015, motorcycle of “R” had a collision with the car of “S”. “S” gae a slap to “R” and also abused him. On being abused by “S”, “R” under grave provocation picks up a sharp heavy iron blade lying on road and tries to cause head injury to ”S”, which could have caused death of ”S”. ”S” any how escapes himself from the iron blade blow.
What “offence” “R” has committed? If ”R” has committed any offence, frame a charge on basis of the given facts by treating yourself ”P”, Additional Sessions Judge, Pali. [RJS 2015]
Q. 36. Sita Devi was married to Ramesh on 16.04.2006. Two children, Arpit and Pankaj, were born out of this wedlock in the years 2008 and 2012 respectively. Ramesh used to quarrel with Sita on trifle issues. Ramesh and his mother Kailashi Devi were not satisfied with the dowry given in the marriage. Ramkishan, father-in-law of Sita, however, protected her on several occasions and asked his own wife Kailashi Devi and son Ramesh not to harass and torture Sita for bringing inadequate dowry. Even then, Ramesh and Kailashi subjected Sita to cruelty and mal-treatment. Exasperated by circumstances, Sita committed suicide on 09.09.2015. Dashrath, father of deceased Sita, lodged a first information report against her husband, mother-in-law and father-in-law. On basis of the FIR lodged by Dashrath, father of Sita, investigation was made and Smt. Kailashi, Shri Ramkishan and Shri Ramesh were charge-sheeted. The competent court took cognizance of the offence and the case was committed to the Court of Sessions. The Sessions Court framed the necessary charges against all the accused persons. The accused denied the charges and desired trial. During the course of trial, Krishan Kumar, Om Prakash and Smt. Radha (neighbours of the accused persons), Dashrath (father of the deceased), Vasundhara (mother of the deceased) and Kiran Kumari (sister of the deceased) were examined. All these witnesses stated about torture and harassment of deceased Sita by Ramesh and Smt. Kailashi for dowry. Nothing was said by these witnesses against Shri Ramkishan. The accused were afforded opportunity by the court to explain the circumstances appearing against them in prosecution evidence. Final order is passed by the court.
Write a judgment, briefly discussing as to for what offence the accused persons are charged and ultimately what order is passed, either of acquittal or of conviction, giving reasons therefore. [RJS 2016]
DELHI JUDICIAL SERVICE
PRELIMINARY (S. 1-5)
Q. 1. Distinguish between any three of the following:
- Trail, Enquiry and Investigation.
- Complaint and Police Report.
- Cognizable and Non-Cognizable Offence.
- Summons Case and Warrant case. (DJS 1973)
Q. 2. Distinguish between:
- Summons Case and Warrant case,
- Compoundable and Non-Compoundable Offence,
- Discharge and Acquittal. (DJS 1989)
Q. 3. Define inquiry, investigation and trail and distinguish between these terms. (DJS 1989)
Q. 4. Write a short notes on:
- Cognizable and Non-Cognizable Offences
- Bail in Non-Bailable offences (DJS 2006, UPJS 2015)
Q. 5. Distinguish between Cognizable and non-cognizable offence, bailable and non-bailable offence, compoundable and non-compoundable offence; summary trail, summons trail and Warrant trail. (DJS 2007).
Q. 6. Write a short notes on:
- Investigation, inquiry and trail.
- Complaint case and Police Case. (DJS 2008)
WARRANT OF ARREST (S. 70-81)
Q. 1. Write a short note on Coercive steps to be adopted by courts to procedure attendance of an accused. [DJS 2008]
PROCLAMATION AND ATTACHMENT (S. 82-86)
Q. 1. Enumerate the coercive steps a Metropolitan Magistrate can take to ensure the presence of a witness or accused during the criminal trial. How should he proceed if despite coercive steps, accused does not appear to face the trial. [DJS 2007]
SUMMONS TO PRODUCE (S. 91-92)
Q. 1. Briefly discuss, can an accused invites section 91 Cr.P.C to bring on record some documents before arguments on charge? [DJS 2000]
SEARCH WARRANTS (S. 93-98)
Q. 1. On the receipt of secret information, a Police Officer along with two constables goes to the house of ‘A’ and conducts search therein. Twenty bottles of illicit liquor are recovered as a result thereof. At the trial, ‘A’ pleads that the search and seizure are illegal and stand vitiated for not reducing the secret information into writing and also for non-joining of two or more independent and respectable inhabitants of the locality. Decide the objection. [DJS 1990]
Q. 2. Write a short note on Search warrant and production warrant. [DJS 2008]
Q. 3. Can a search warrant be issued under section 97 of Cr.P.C, in respect of a minor kept by a husband against her wishes? Discuss. [DJS 1989]
GENERAL PROVISIONS RELATING TO SEARCHES & MISCELLANEOUS (S. 99-105)
Q. 1. On receipt of search information, the raiding party consisting of two customs officials, one police officer and one independent witness, arrest two accused persons. A huge quantity of smuggled goods worth Rs. 15 lakhs is made. One accused got recovered of such goods from a toney at the seashore, while the other accused got recovered a part of such articles from an island which had to be reached through a mechanical vessel.
During trial, one of the arguments raised is that provisions of section 100(4) Cr.P.C regarding joining two or more independent and respectable inhabitants of the locality, have not been compiled with, and therefore, recovery is illegal. The prosecution evidence establishes that the independent witness joined in the raiding party was not a resident of the place from where the recovery was made joining.
Decide the objection, giving reasons, keeping in mind the fact and circumstances of the case. [DJS 1982]
MAINTENANCE (S. 125-128)
Q. 1. Under section 125, Cr.P.C, and order for maintenance is made by a magistrate ordering a father to pay his deserted wife Rs. 60-/ p.m for maintenance of their young son, on the ground that he had neglected or refused to maintain the child in the following three cases:
- The mother had the custody of child. At hearing father offered to maintain the child on condition it was left with him.
- The mother had a custody of the child. She was a teacher teacher on a salary. The father pleaded that the child must be maintained by her own earning and could not be his liability.
- Child had been in custody of father and was maintained by him. He left the father and came to live with the mother when the father, one day, chastised him for throwing stones at passers-by.
The father resisted the mother’s application and wanted custody of the child and said he would maintain him. Comment on the propriety of the order in each case. (DJS 1979)
Q. 2. The wife filed an application under section 125 Cr. P.C. claiming maintenance in a court at Delhi on 24.06.1988. Prior thereto, she had sent a notice also, to him, in April 1988. The husband filed a petition under section 9 of the Hindu marriage act, 1955 in a court at Varanasi in May, 1988, and obtained an ex-parte decree for restitution of conjugal rights against his wife. In the proceeding under section 125 of the code, the husband pleads that the husband pleads that the said ex-parte decree is binding upon the Criminal Court, which decree establishes that his wife had refused to live with him without sufficient cause, and as such, the wife is not entitled to the grant of any maintenance. Decide. [DJS 1990]
Q. 3. F, a married lady, develops intimacy with M. On her representation that she had divorced her husband, in a customary ceremony, F and M start living together. After staying together for about seven months, they part ways. Within the next three months, F delivers a child C. An application is filed by F for herself and for the child C for M under Section 125 Cr.PC. M disputes that F is his wife and also disputes the paternity of C. He admits having lived with F but contends that F had a subsisting marriage and could not be his wife. The evidence lacked her claim of having divorced her husband before she started living with M. Decide only the question of entitlement to maintenance of each of the two applicants under the Cr.PC. Further would it make any difference to the outcome of the application if F had been unmarried at the time she started living with M. [DJS 2006]
Q. 4. Ramesh, an Engineer earning Rs. 35,000/- per month has deserted his non-working wife and two school going children who live with his wife’s parents. She makes an application under Section 125, Cr.P.C for maintenance of herself and two children. Ramesh has to maintain his old parents and invalid sister. Decide her application. [DJS 2007]
Q. 5. Who are the persons who can claim maintenance under Section 125, Cr.P.C? What are the factors which are to be kept in view while granting maintenance? Can the Court award interim maintenance? How the orders of maintenance passed under Section Cr.P.C can be enforced? Discuss. [DJS 2008]
Q. 6. Short notes on Right of the married minor daughter to claim maintenance from the father. [DJS 2014]
Q. 7. Amina, a Hanafi Muslim had married Hamid, after she had been divorced by her first husband, Yusuf. She has a daughter. Hina, now aged six, from her husband. Due to physical violence inflicted on her by Hamid. Amina has been forced to shift to her grandfather’s house along with her daughter, as both her parents are no more. She is unemployed.. and has studied only upto class X. Her grandfather is retired railway station master and has to support ‘his treatment for cancer as also his age background, Amina has filed a petition under Section 125 Cr.PC claiming maintenance from Hamid for herself and her minor daughter. When the nikahnama was drawn up between Hamid and Amina, Hamid undertook to bring up Hina as his own daughter, from her first husband. Due to shift to her is are no more. She railway wife. In this was drawn up s own daughter though Yusuf, the biological father, is alive. Hamid has two tempos which he hires out and earns about Rs. 1,50,000 per month. He has two drivers and one cleaner and one helper.
Hamid contends that the petition is not maintainable. Decide with case law. Would Hamid be liable to maintain Hina? What is the quantum of maintenance that can be granted and to whom and why? Give reasons for your decision. [DJS 2015]
F.I.R. & INVESTIGATION (S. 154-176)
Q. 1. Write brief illustrative notes on the following:
- How far previous statements are useable in criminal trial?
- Is further investigation possible after the case is committed to the Court of Sessions? Are there any limitations? (DJS 1976)
Q. 2. During the investigation of a case, A’s statement is recorded under section 161, CrPC. At the trial, A is not examined as a prosecution witness but the accused examines him in his defence. In his cross-examination by the State, the Prosecutor wants to contradict A by reference to his said statement recorded section 161, Cr.P.C. The defence object to it. Decide the objection. (DJS 1990)
Q. 3. During the investigation of a case, A’s statement is recorded under section 161, CrPC. At the trial, A is not examined as a prosecution witness but the accused examines him in his defence. In his cross-examination by the State, the Prosecutor wants to contradict A by reference to his said statement recorded under section 161 Cr. P.C. The defence objects to it. Decide the objection. (DJS 1990)
Q. 4. During his cross-examination by the defence, a prosecution witness admits (i) that he had signed his statement recorded under section 161, Cr.P.C. and (ii) that his said statement was read over to him by the Police Officer outside the court room before he entered the witness-box. It is contended by the defence that the entire testimony of this excluded from consideration. Decide this plea. (DJS 1990)
Q. 5. What is the scope and nature of “Case Diary” to be kept under section 172 of Code of Criminal Procedure 1973, and the limitation imposed on it’s use, if any may be indicated. (DJS 1991)
Q. 6. Customs Officers intercepted a car being driven by ‘A’ and recovered some packets of brown colour powder suspected to be narcotic drug, ‘A’ was arrested and produced before the Metropolitan Magistrate who rendered him to judicial custody. After two days, the Custom Officer applied for custody of the accused for interrogation, with liberty to lodge him with X police Station. The application is opposed on the grounds:
- that section 167 Cr.P.C. contemplates only two type of custody judicial and police and the Customs Officers are not Police Officers, and
- that once the accused has been remanded to judicial custody, the Magistrate has no power under Section 167 of the Code to remand him to any other custody. It is not disputed that the customs officers are not Police Officers within the scope of the Code. Decide. (DJS 1991)
Q. 7. Briefly discuss, of the following:
- Can a statement under section 161 Cr.PC be confronted to the witness, when he deposed before the court, if other statement is signed by him?
- Apart from the investigating officer, can a Prosecutrix approach the Magistrate directly for recording her statement under Section 164 Cr.P.C. during the course of investigation? (DJS 2000)
Q. 8. Write a note on the procedure to be followed for recording the confession of an accused under section 164 of Cr.P.C. (DJS 2005)
Q. 9. A & B have been arrested for the offence of murder of one C punishable u/s 302 read with Section 34 IPC and were remanded to custody from time to time for a total period of 90 days, out of which 3 days were in police custody and 87 days in judicial custody. As the investigation could not be completed within the stipulated period of 90 days, on the 91st day a plea for the release of A & B on bail is made. The court issues notice to the State through Public Prosecutor and fixes the matter for consideration and hearing for the next day. On the next day police files report u/s 173 Cr.P.C. with a foot-note that the reports of chemical examiner and serologist in regard to certain material exhibits are awaited and shall be filed soon after their receipt. Public Prosecutor opposes the plea of A & B for statutory bail u/s 167 Cr.P.C.
Decide the plea of A & B. Would it make any difference if there was no foot-note in the report? (DJS 2006)
Q. 10. Write a short note on Statements recorded under Section 161 and 164 Cr.P.C. (DJS 2008)
Q. 11. Registration of FIR to filing of charge-sheet in a non-bailable offence. Discuss the Stages. (DJS 2010)
Q. 12. Procedure to be followed and precautions to be taken by a Magistrate while recording confessions under Section 164 of the Code of Criminal Procedure, 1973. (DJS 2011)
Q. 13. Options available to a Magistrate when a closure/cancellation report is filed by the investigating agency in a criminal case. (DJS 2011)
Q. 14. ‘A’ is arrested on the charge of murder punishable under Section 302 IPC. The allegation is that he had intentionally run his car over his neighbour ‘B’ and killed him. ‘A’ is remanded to judicial custody from time to time for a total period of 90 days out of which he was in police custody for 10 days and in judicial custody for 80 days. The investigation could not be completed within 90 days. The lawyer for ‘A’ files an application for bail on his behalf on the 91st day praying ‘A’ be released on bail and he was willing to abide by his behalf on the 91st day praying ‘A’ be released on bail and he was willing to abide by any condition for bail imposed by the court. The court fixed the hearing of application for bail after a week. On the next day (92nd day) the police files the chargesheet under Section 173 Cr.P.C. stating that the report of the serologist with regard to the blood found on the wheels of the car of ‘A’ was still awaited and would be filed shortly. Decide the bail application of ‘A’ while also discussing the purpose of granting bail. (DJS 2015)
JURISDICTION OF COURT IN INQUIRIES AND TRIAL (S. 177-189)
Q. 1. Every offence shall ordinarily be inquired into and tried by a court within the local limits of whose jurisdiction it was committed (Section 177 Cr. P.C.). Are there any exceptions to the above rule? If so, please state them. (DJS 1989)
COGNIZANCE OF OFFENCE (S. 190-199)
Q. 1. “The words ‘any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty’ employed in section 197(1) of the Code, are capable of a narrow as well as a wide interpretation.” S.B. Saha and others v. M.S. Kochar A.I.R. 1979 SC 1841.
Elaborate the above statement in relation to section 197(1) Cr.P.C. referring to decided cases.
Do you think, sanction to prosecute a public servant for an offence under Section 409 I.P.C. is necessary when the prosecution case against him is that he had mis-appropriated the goods seized during the investigation of a case. (DJS 1982)
Q. 2. What is meant by the words “taking cognizance of an offence by Magistrate” within the meaning of section 190(1)(a) Cr.P.C.?
Can a Magistrate after so taking cognizance, send the case to the police with a direction to file the challan? Give reasons. (DJS 1984)
Q. 3. A forged receipt was filed by A in a civil suit that was filed against him by B. B immediately files a complaint under section 467/471 I.P.C. against A.
A objects to the maintainability of that complaint. Decide.
(Section 463 I.P.C. defines forgery. Section 467 I.P.C. punishes forgery of a particular type, while section 471 LP.C. punishes user as genuine a forged document. (DJS 1984)
Q. 4. Briefly discuss,
Do you require Sanction under section 197 Cr. P.C. for an offence under section 406/409 or 379 IPC, if committed by an investigating police officer?
Each question is based on a recent decision of Apex Court or High Court, cite the authority also. (DJS 2000)
COMPLAINT PROCEEDING (S. 200-210)
Q. 1. A Private complaint under section 420 I.P.C. is dismissed by the Magistrate in the absence of the complainant at 11.30 a.m. Next day the complainant applies for restoration of his complaint. He also assigned sufficient cause for his absence on the preceding day. The Magistrate reviews the order of dismissal. Is the order valid? Give reasons. (DJS 1984)
Q. 2. A Company lodged the FIR for offence under sections 408/420 I.P.C. against X, it’s former Divisional Manager. After completing the investigation, a report under section 173 Cr.P.C. was sent to Magistrate stating that the case was of civil nature. The company lodged a protest petition with Magistrate and sought permission to prove commission of offence by X. Magistrate after perusing the investigation records, came to conclusion that prima facie under section 408/420 IPC was made out and consequently issued process against X under section 204 Cr.P.C. Legality of order was challenged on the ground that Magistrate had no power to issue process without first complying with provisions of sections 200 and 202 of Code. Decide the objection. (DJS 1990)
Q. 3. An officer of Department of Revenue Intelligence filed a complaint against X for an offence under section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 before a Magistrate and appended a list of 12 witnesses – in support thereof. The said offence is exclusively triable by court of session. The Magistrate examined the complainant and three more witnesses from the said list during enquiry under section 202 Cr.P.C. and issued the process against X under section 204 of Code. X challenges the legality and the said order on the ground that section 202 enjoins upon Magistrate to examine all the witnesses of the complainant in a case exclusively triable by Court of Session and non-compliance thereof would render the order of issue of process to be void. Decide. (DJS 1990)
Q. 4. A lodged a report with the police for the offences under sections 323, 342 read with section 34 IP.C. After investigation, the police forwarded the final report which was accepted by the Metropolitan Magistrate and the first information report was cancelled. A then filed a complaint on the same facts against the same persons. After recording preliminary evidence, the Magistrate passed the impugned order of summoning the accused persons. Decide the legality of the order. (DJS 1991)
Q. 5. Upon a complaint, the Magistrate summons A and B by issuing a process under Section 204 Cr.P.C for the offences punishable under Section 420 and 468 IPC (Cheating and Forgery etc.) The accused persons appear and make an application purported to be under Section 203 read with Section 245(2) Cr.P.C for recall of the summons of dropping of the proceeding against them on the ground that even if the evidence of the complainant is taken at its face value none of the two offences for which they have been summoned are made out. The complainant objects to the maintainability of the application and questions the jurisdiction of the court to go into the question as prayed for by the accused. Decide on the maintainability of the application and the jurisdiction of the Magistrate in this regard. Further, would it make any difference if the accused had been summoned for an offence triable as a Summons case? (DJS 2006)
Q. 6. Locus standi in a Protest Petition: Can it be entertained after acceptance of the closure report? (DJS 2010)
FORM OF CHARGES AND JOINDER OF CHARGES AND EFFECT OF DEFECTIVE CHARGE (S. 211-224)
Q. 1. Two scooters were stolen from different places and in each case, one Ramu, an employee of Suraj, who kept a scooter repair shop near Jama Masjid was seen loitering in the neighbourhood about the time when the scooters disappeared. Parts of each of the stolen scooters were afterwards found in the shop of Suraj and some in the house of the third person Kewal.
Is the joint trial of these three persons possible? Discuss. (DJS 1973)
Q. 2. A commits house-breaking by day with intent to commit adultery and then commits adultery with B’s wife. Can A be charged with, and tried for, offences under section 454 and 497 of I.P.C. at one trial? (DJS 1973)
Q. 3. A is charged d with the substantive offence of cheating under section 420 I.P.C. while B (Who is tried together with A) is charged with the abetment of that offence. State whether or not there is any misjoinder of charges. (DJS 1984)
Q. 4. FIR is registered against unidentified persons under Section 420/34 IPC (Cheating in furtherance of common intention). After the completion of investigation, the police files its report of investigation naming two persons A and B of having allegedly committed the offence. The magistrate, on consideration of the evidence collected during the investigation and presented along with the report, finds that apart from A and B sent for trial by the police, C and D are also liable to the summoned and he accordingly summons ABCD to appear in the court to face trial. At the stage of hearing of arguments on charge, Public Prosecutor for the State contends that from the evidence already before the court, two more persons E and F appear to have also committed the same offence for which ABCD are facing trial. The court appears to be convinced with the submission of the prosecution. There is no serious opposition from the side of ABCD. Write an appropriate order highlighting the power of the court to proceed against other persons appearing to be guilty of offence being tried by the court. (DJS 2006)
Q. 5. What is charge.
What should be the cements of the charge.
Under what circumstances a charge can be altered.
What is the effect of altering charge on the trial. (DJS 2007)
SESSION TRIAL (S. 225-237)
Q. 1. Two different police challans are presented in the court of a Magistrate Ist Class, one is under section 326 IPC and the other under section 304 IPC. Describe briefly, how the court should proceed in disposing of these cases. (DJS 1971)
Q. 2. Briefly discuss, whether a detailed speaking order is required to be passed before framing charges by Court of Sessions? (DJS 2000)
WARRANT TRIAL (S. 238-250)
Q. 1. Distinguish between dismissal of a complaint, discharge and acquittal? Also state briefly the remedies available in each of these cases. (DJS 1971)
PLEA BARGAINING (S. 265A-265L)
Q. 1. What is plea bargaining. In what cases plea bargaining is not available. (DJS 2007)
Q. 2. Write Short notes on Plea-bargaining. (DJS 2011, 2014, MPJS 2009)
Q. 3. ‘A’ is charged with the offence of outraging the modesty of a woman punishable under Section 354 IPC (punishable for a minimum period of one year) and is undergoing trail. He files an application for plea bargaining in the court. He discloses in the affidavit accompanying his application that he has been earlier convicted for an offence under the Motor Vehicles Act. The mutually satisfactory disposition is arrived at as per which the court awards compensation to the victim and grants probation to ‘A’. Is the procedure adopted in compliance with Chapter XXI A (plea bargaining) Cr.P.C.? (DJS 2015)
COMMISSIONS FOR THE EXAMINATION OF WITNESSES (S. 284-290)
Q.1. What is the scope of inquiry to be conducted by the Magistrate at the stage of issuing process under section 292 Cr.P.C.?
Has the accused locus-standi to produce documents and other material at that stage for consideration before the Magistrate. (DJS 1984)
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
DOUBLE JEOPARDY & FREE LEGAL AID (S. 300-327)
Q. 1. It is alleged that A, B, C and D had entered into a conspiracy at Bombay in October 1959 for the purpose of smuggling goods into India and that in pursuance thereof had smuggled foreign goods. In the entry held by the collector of customs in this connection, the collector found C and D guilty and ordered confiscation of the goods. He also imposed penalty of Rs. 50,000/- on C and D. He, however, gave benefit of doubt to A and B and acquitted them. Latter in 1965, the Assistant Collector of Customs, after obtaining the necessary sanction of the Government, filed a complainant in a Magistrate’s court against A, B, C and D under section 120-B, I.P.C. read with the relevant provisions of Sea Customs Act as well as Imports and Exports (Control) Act, making the same allegations of conspiracy and smuggling.
The Defence counsel pleads:
- Prosecution is barred under section 403 (New 300) Cr.P.C.
- Under any circumstances, the finding of Collector, that A and B are not proved to be guilty, operates as an issue of estoppel in this case against A and B.
How will you decide as to these pleas? (DJS 1973)
Q. 2. (a) State the principle of antre fois acquit and antre fois convicts as incorporated in Cr.P.C. and say how Rule of Issue of Estoppel differs from it?
(b) District Magistrate promulgated an order under section 144 CrPC. on April 25 banning public meeting and processions. Bir Singh led a mob to defy order. Mob pelted stones as a result of which some persons including police personnel sustained injuries. A FIR was registered under sections 114, 149, 332 and 307 I.P.C. Some days latter Bir Singh was arrested and charge-sheet was filed in Court. On May 12, a complaint under section 188 I.P.C. in connection with the same incident was filed alleging that Bir Singh had disobeyed the order passed under section 144 Cr.P.C. by forming himself along with 2000 men into an unlawful assembly. He pleaded that he was not present at scene of occurrence. In appeal, the Sessions Judge vide order date July 30 acquitted him holding that he might not be present in the incident on April 25.
In connection with his trial under sections 114, 149, 332 etc. it is contended that he cannot be prosecuted again and convicted due to his acquittal for the offence under section 188. Decide objection and also say if Rule of Issue of Estoppel can help him anyway. (DJS 1980)
Q. 3. “It shall be the duty of the Public Prosecutor to inform the court and it shall be the duty of the court to apprise itself of the reasons which prompt the Public Prosecutors to withdraw from the prosecution.” Rajinder Kumar Jain & others v. The State of Haryana, AIR 1980 SC 1510. Amplify. (DJS 1982)
Q. 4. N lodged a report with the police against H, father of P a minor girl of 17 years, alleging that the house of H was visited by persons of bad repute and that P had immoral relations with them. H filed a complaint for defamation against N, but it was compounded on the accused tendering apology. Subsequently, P filed a complaint for defamation in respect of the same matter against N, it was contended on behalf of N that the previous acquittal was a bar. Decide. (DJS 1991)
Q. 5. Write short notes on “Doctrine of Bar of antre fois acquit and antre fois convict.” (DJS 1996)
Q. 6. After recording of evidence of both the parties, defendant applies for additional evidence on the ground that one material witness, who was out of country had since returned to India. Decide. (DJS 2005)
Q. 7. Write short notes on the presiding Judge of a Criminal Trial should not be a spectator and a mere recording machine. (DJS 2006)
Q. 8. A police report is filed for the alleged commission of offence punishable under section 420 read with Section 34 IPC (cheating in furtherance of common intention) against ABCD. A and B abscond and the trial proceeds only against CD. On appraisal of evidence, the court acquits CD. Later, A and B are apprehended. On being produced in the court, AB make an application purporting to be under Section 245(2) Cr.P.C. and Section 300 Cr.PC for dropping of the proceedings on the ground that their co-accused CD have been acquitted and it would be an exercise in futility to proceed against them. It is contended that they are deemed to have faced trial in absentia and having been so tried they cannot be tried again for the same offence. Decide the application of AB. (DJS 2006)
COMPOUNDING OF OFFENCE
Q. 1. Limitations on the power of Magistrate in summoning witnesses at the instance of the party and otherwise. (DJS 1976)
Q. 2. Distinguish between:
- summons case and warrant case,
- compoundable and non-compoundable offence,
- discharge and acquittal. (DJS 1989)
Q. 3. Briefly discuss the following:
In Section 320 Cr.P.C, exhaustive of compoundable cases or bailable cases punishable with imprisonment upto one year in I.P.C. or other laws be also compounded? (DJS 1989)
OFFENCES AFFECTING ADMINISTRATION OF JUSTICE (S. 340-352)
Q. 1. S and N forged a partnership deed in league with the officials of the Income-tax Department. S filed a civil suit, produced a copy of the said partnership deed, and obtained an ex-parte interim injunction restraining R from interfering with the possession of certain property. R filed a complaint against S, N and others before a Magistrate for the offences under sections 120-B, 465, 468, 471 and 474 I.P.C. The Magistrate refuses to take cognizance of the complaint without a complaint in writing by the Civil Court. Decide the validity of the order. (DJS 1990)
THE JUDGMENT (S. 353-365)
Q. 1. Examine briefly the powers of the sentencing court to release a convicted person on probation of good conduct. (DJS 1989)
Q. 2. Principles governing the award of compensation under Section 357 of the Code of Criminal Procedure, 1973. (DJS 2011)
Q. 3. Write Short note on Right of the victim of crime to compensation. (DJS 2014)
SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES (S. 432-435)
Q. 1. Write short notes on remission and suspension of sentence. (DJS 2015)
BAIL & BAIL BONDS (S. 436-450)
Q. 1. “Anticipatory bail is a device to secure the individual’s liberty; it is neither a passport to the commission of crime nor a shield against any and all kinds of accusations likely or unlikely.” Gurbaksh Singh Sibba etc. v. The State of Punjab, A.LR. 1980 SC 1632.
Amplify the above statement and discuss the principles laid down in the above case by the Supreme Court regarding grant/refusal of anticipatory bail. (DJS 1982)
Q. 2. An accused is arrested in a bailable offence and he is released on bail. During trial, he absconds and non-bailable warrants are issued against him. The police arrest him and produce him before the court.
The defence counsel pleads for his release on bail under section 436(1) Cr.P.C which provides that a person accused of a bailable offence shall be released on bail.
Can the court, in such circumstances, refuse to release him on bail? Give brief reasons. (DJS 1982)
Q. 3. What are the relevant considerations for grant and for cancellation of bail in non-bailable offences? (DJS 1984)
Q. 4. Elaborate the powers of Metropolitan Magistrate to grant bail in cases of non-bailable offences. Also state the reason for which the bail already granted in such cases can be cancelled. (DJS 1991)
Q. 5. Anita, aged 16 years, a domestic servant is caught red handed stealing Rs.25000/- from drawer of house owner. Her father moves a bail application before you. Decide her bail application. (DJS 2007)
Q. 6. Bail in matters of non-bailable offences is a matter of discretion and if this discretion to be exercised in favour of the accused, what are the conditions to be borne in mind by the Courts? Discuss with reference to provisions in Code of Criminal Procedure? (DJS 2008)
Q. 7. Power of anticipatory bail under Section 438 Cr.P.C. is a concurrent power granted to the Court of Sessions and the High Court. If you were to file an application for anticipatory bail which Court would you choose and why. What the guidelines are to observed by the Courts while exercising this power? Discuss with reference to case law, if any. (DJS 2008)
Q. 8. Bail and parole! What are the guidelines for the courts? (DJS 2011)
Q. 9. Principles governing the grant of anticipatory bail. (DJS 2011)
Q. 10. Write Short notes on Power of the Metropolitan Magistrate to grant bail in non-bailable offences. (DJS 2014)
Q. 11. Write short notes on the following:-
- What are the grounds on which anticipatory bail can be grated?
- When can bail be cancelled? (DJS 2015)
IRREGULAR PROCEEDINGS (S. 460-466)
Q. 1. Illegality vitiates trial whereas irregularity does not unless it results in prejudice. Explain. (DJS 1989)
MISCELLANEOUS / PRACTICAL QUESTIONS
JUDGMENT WRITING/FRAMING OF CHARGE
Q. 1. Suresh went to see a cinema show after locking his house. On his return after about hours he found that the lock had been broken open and house ransacked. Suresh fouriq that his clothes and a gold locket on which his name was engraved had been removed‘ Suresh neported the matter to the police the same day. The Station House Officer arrested A on the third day of the incident and when interrogation started A stated, ’I committed the theft. I sold the clothes in the market but have concealed the locket in a hole in a tree-tmnk in the jungle’. The investigating Office recovered the locket from the hole in the tree pointed out by A, but he could not recover the clothes. At the trial before the Magistrate for offence under section 350 and 457 I.P.C. the prosecution examined:
- The Station House Officer.
- Suresh the first informant.
- G, a goldsmith, who prepared locket for Suresh.
- M, an independent witness of recovery.
The accused denied to have committed any offence. He further denied to have given any statement before the Station House Officer or to have pointed out the tree. He produced no defence evidence. Please write a short judgment in the case. [DJS 1973]
Q. 2. K had suspicion that B had liaison with his wife. He approached C and suggested that B should be killed. Thereafter K along with D got knife of unusual dimensions prepared from Shamu. K armed with the knife and accompanied by C and D attacked B while he was asleep and caused death by infecting two injuries which were sufficient to cause death in the ordinary course of nature. During investigation K made disclosure pursuant to which the knife was recovered. It was found to carry human blood. It was also found that C had confessed to Hamam about his involvement in commission of murder by the three. C became approver and K died before trial commenced.
Evidence against D comprises of:
- Approver’s statement implicating himself and others.
- Shamu’s statement regarding preparation of knife.
- Statements of witnesses of disclosure and recovery.
- Previous confessional statement of C.
- Medical Evidence.
- Evidence showing motive. Please write short judgment. [DJS 1976]
Q. 3. A and B agree to deprive a Nationalized Bank at Delhi of Rs. 25000/-. B, employee of the Bank, makes false entries of deposits in favor of A in the Bank-accounts. On that basis he induces the Manager of the Bank to sign five drafts of Rs. 5000/each (on different dates and months in two year time) in favor of A payable at Kanpur Branch of the Bank. A encashes the drafts at Kanpur.
(Cheating and making false entries in Bank-accounts are offences punishable under Sections 420 & 477A I.P.C. respectively).
(a) Frame charges against A and B for their trial at Delhi.
(b) Give a ruling on prmhon request that all offences committed by A and B at Delhi and Kanpur be tried in one trial at Delhi. [DJS 1979]
Q. 4. Accused, a naval officer was married to SA. (the deceased) was a business man and unmarried, aged 34 years. As a naval officer, the accused was frequently going away in his ship, leaving his wife and children behind. Gradually friendship developed between A (deceased) and 5 (wife of the accused) which culminated in the illicit intimacy between them. Accused was away with his ship for a fortnight and on April 18, he noticed that his wife was behaving strangely and was not responsive or affectionate to him. On April 27, when they were sitting for the lunch; the accused felt that his wife was unresponsive and tense towards him. After lunch when he questioned her about her fidelity, she shook her head to indicate that she was unfaithful to him. He guessed that her paramour was A. Enraged at the conduct of A, accused went to his ship, took from store a semi-automatic revolver and 6 cartridges on a false pretext, loaded same, went to flat of A, entered his bed-room and shot him dead. Thereafter, he surrendered himself to police.
In his statement under section 313 Cr.P.C. the accused stated that at A’s flat he rang the door-bell, and when door was opened by a servant, went into bed room and shut the door behind him. He carried with him envelop containing revolver. Accused called A, filthy swine and asked him whether he would marry S and look after children. A retorted “Am I to marry every woman I sleep with?” Accused became enraged, put the envelope containing revolver on a cabinet nearby, and threatened to thrash A. A made a sudden move to grasp at the envelop, when the accused whipped out his revolver and told him to get back. Struggle ensued between the two. During struggle two shots went off accidentally and hit A resulting in his death.
The watchman P deposed that when accused was leaving compound of the building he told me that he had a quarrel with A, as latter had connections with his wife, and therefore killed him.
Three hours had elapsed between 1.30 p.m. when accused left his house and 4.30 p.m. when the murder took place.
(i) Write a short judgment giving reasons for not believing defence version.
(ii) Assuming defence plea to be plausible, examine legal basis of alleged provocation and accidental firing; and decide what offence, if any, he committed. [DJS 1980]
Q. 5. Ram sold his land to K for Rs. 25,000/-. Amount was paid to Ram in cash which he
brought home and kept in a tin-box. In the evening the same day he talked of the deal to his friends Sanwal and Kirori and told them that he had kept the cash in his house. When Sanwal and Kirori were going to their house, they planned to steal the money. Pursuant to their objective, armed with house-breaking equipment they went near the house of Ram at about 2 am. and made an opening in the outer wall of Ram’s house and entered the house. Sanwal stood near the bed of Ram where he was asleep and Kirori searched the house for the money, Kirori found tin-box containing the money. Just when Sanwal and Kirori were making their escape through the opening in the wall, Ram’s wife woke up and shouted “thief”, thief”. Ram and three of his sons woke up and pursued Sanwal and Kirori. Trying to escape from their pursuers. Sanwal and Kirori entered the house of Abdul Ganj and closed the door from inside. Ram and his sons entered the house by sealing over wall and tried to snatch the box-containing money from Kirori who was holding it. Kirori and Sanwal offered resistance whereupon Ram and his sons caused injuries to them with knife and lathis and recovered the box.
Kirori and Sanwal are prosecuted for theft and house-breaking by night, and Abdul Ganj is prosecuted for harbouring the offenders.
Abdul Gani, Kirori and Sanwal also filed complaints against Ram and his sons under Section 323 and 324 I.P.C. and under section 458 I.P.C. (committing lurking house trespass or house-breaking by night after preparation for hurt of assault).
Write short judgments in the above cases mentioning the defence pleas available to the accused persons in each case and deciding them with reference to relevant law [DJS 1980]
Q. 6. One ‘T‘ had case under sections 147, 148 and 379 I.P.C. registered at Police Station
against six persons including one P. Warrants were issued for their arrest and they all surrendered in Court of the Magistrate. The Magistrate passed orders releasing them on bail. The police submitted report under section 173 Cr.P.C. saying that the report of T was false and requested that accused be released from charge. Agreeing with Police Report, Magistrate passed order discharging accused including P. Thereafter, P filed a complaint before Magistrate accusing T of the commission of offences under section 211 and 182 I.P.C. for his having filed a false report with Police with intent to cause injury of annoyance. T appears in Court in response to summons. He raises an objection that the Magistrate has no jurisdiction to proceed with case without a complaint of Court, which received the section 173-report. Write an order considering objection in reference to section 195 Cr.P.C. [DJS 1980]
Q. 7. S is the appellant before the Supreme Court in a murder case. He with another accused gave a beating to R, the friend of V. After the beating, S and his accomplice were waiting for a bus. V, the deceased and his brother came to the bus stop, where they learnt from R about the beating. V, then stopped the appellant and a scuffle ensued the by-standers separated them the appellant proclaimed that he would teach V a lesson. Two days thereafter, the appellant and three co-accused were standing at the bus-stop. The deceased and his brother alighted from a bus and proceeded towards Coffee House, where their friend had invited them. When the appellant spotted them, he shouted that he was waiting for them. On this, the deceased and his brother quickened their pace. The appellant and his companion ran after them and gave blows with their hands. The deceased and his brother ran still faster, being pursued. The appellant was carrying the dagger and stabbed the deceased in the back. On receiving the stab blow, the deceased turned round. The appellant then stabbed him again with sufficient force on the chest. The deceased staggered further some paces and fell down. The appellant was about to stab him again, but a passerby picked up an iron rod from nearby and hit the appellant with it on his head. Thereupon, the appellant and is companion fled from the Spot. The deceased was declared dead in the hospital.
The appellant and his co-accused were charge-sheeted for murder but the Sessions Judge convicted the appellant under section 304 Part II I.P.C. The High Court, on appeal, convicted the appellant under Section 302 I.P.C.
In the appeal before the Supreme Court, it was urged that the appellant had inflicted the injuries, if at all, on the deceased in the exercise of his right of private defence, support for which as taken from the medical evidence showing that the appellant had sustained a grievous injury on the head. It was also argued that the deceased had hit the appellant on his head with a chopper and that the appellant had thereafter snatched the chopper from the deceased waved it towards the deceased. It was urged the Exception II and IV to section 300 I.P.C. were attracted.
The State contended that the appellant received the blunt injury (not caused by a cutting weapon like chopper, as proved by the medical evidence) on his head after he had caused the fatal injury to the deceased. It was also contended that the deceased was unarmed, had turned tail and taken to heals. The State counsel argued that with the dagger in hand, the appellant chased the fleeing victim and stabbed him and it showed that the appellant was the aggressor and that he inflicted the injuries vindictively and not in self defence.
Write a reasoned judgment, dealing with the pleas raised. In case the appellant is convicted under section 302 I.P.C. whether he should be awarded life imprisonment or death sentence, keeping in view, ”the rarest of rare cases” reasoning of the Supreme Court in the matter of death sentence. [DJS 1982]
Q. 8. A pro-bono publico prosecution by a journalist is filed in a Magistrate’s Court against the actor, director, producer and distributor of a Hindi film under section 292, I.P.C. alleging that the film was obscene.
The actor and the connected agencies moved the High Court, but in vain, and then the Supreme Court for quashing the proceedings. The rival pleas taken by the parties are as follows:
- It is argued that before the exhibition of the film, the Board of Censors had duly certified the film for public exhibition to an adult audience, having granted the certificate under section 5A (1-A) of the Cinematograph Act, 1952, and the Board has to consider, before certification, all the points section 292 prescribes. The contention is controverted by arguing that if the film is obscene within the meaning of section 292 I.P.C. the mere grant of the certificate by the Board of Censors is no bar to the Criminal Court’s jurisdiction to try the offence.
(b) A plea is taken that by the grant of the certificate by the Board of Censors, the actor and others are protected under section 79 I.P.C. because they were justified by law and the bonafide belief. The complainant argues that section 79 I.P.C. by itself or coupled with section 5A of the Cinematograph Act cannot render the pending criminal proceedings groundless and liable to quashing.
(c) It is also contended that if the film is obscene or in any way offending the public morals, the Board of Censors has ample powers under the Cinematograph Act. On the other hand, it is pleaded that if once the obscene film is exhibited, all concerned are liable for prosecution under section 292 I.P.C., and the provisions of the Cinematograph Act or section 79 I.P.C. do not demolish the prosecution.
In the light of the argument, decide whether the prosecution is unsustainable because of section 79 I.P.C. and the certificate granted by the Board of Censors by giving a reasoned judgment with case law. [DJS 1982]
Q. 9. A woman left her house and she was later found murdered. The prosecution evidence proves that when she was last seen alive, she was wearing gold ornaments. The recovery of the gold ornaments had been made at the instance of the appellant, after three days of the occurrence. There is no direct evidence and the prosecution case is built against the accused on the circumstantial evidence alone.
The police challenged the accused under section 411 I.P.C. (dishonestly retaining stolen property, knowing or having reason to believe the same to be stolen property), section 394 I.P.C (voluntarily causing hurt while committing robbery) and section 302 I.P.C. (Committing murder). The accused was acquitted by the Sessions Court, but in appeal by the State, the High Court set aside the acquittal and convicted the accused under section 302 and 394 I.P.C.
In appeal before the Supreme Court, the appellant pleads for acquittal on the following grounds:
- There is no direct evidence or any eye witness to connect him with the commission of any of the offences of murder and robbery of which he has been convicted by the High Court.
- The circumstantial evidence does not exclude or is not inconsistent with the hypothesis of the innocence of the appellant.
- The onus lies on the prosecution to prove its case and the presumption arising on the basis of robbery of ornaments will not exempt the prosecution from its burden of proving the case.
The state contends as follows:
- The ornaments recovered at the instance of the appellant have been proved to be the stolen property, and on the basis of presumption under section 114 of the Evidence Act, the appellant is liable to be convicted under section 411 I.P.C. as the receiver or retainer of stolen property.
- The accused has not given any explanation as to how he came to have the ornaments belonging to the deceased, which had been recovered at his instance after the murder of the deceased. The absence of any explanation raises the inference that the appellant must have robbed and murdered the deceased. Write a judgment, disposing of the pleas raised. [DJS 1982]
Q. 10. Distinguish between ”discharge” and ”acquittal”. Discuss whether an accused discharged (an be retried under any circumstances? [DJS 1982]
Q. 11. A newly married woman was travelling alone in a bus, wearing amongst other ornament one “mangalsutra”. She fell asleep in the bus as she was tired. ’X’ sitting next to her, taking advantage other sleep, loosened the hook of the “mangalsutra” with the intention that, if it falls down on the floor of the bus he will remove it. Unfortunately for him, the “mangalsutra” fell down and rested in her blouse.
Write a judgment, giving reason for the conviction, if any, of ‘X’ of any offence. [DJS 1982]
Q. 12. V, his father 5 and his mother G were all charged with the murder of V’s wife. The evidence led in the case was that the deceased was considered by the accused as inauspicious as none of her issue ever survived. She used to make complaints of severe harassment by the accused to her sister R. On 14-8-83 R had gone to the house of the accused to meet her sister. There V told her that the deceased has gone with S to take some medicine. On the next day there was general rumor in that area that the wife of V has been killed. Thereupon R again went to the house of the accused and wanted to meet the deceased. At first the accused did not allow R to see the deceased. When R raised hue and cry, the accused showed her the dead body of her sister lying in a swollen condition emitting a foul smell. On 15-8-83 5 lodged a report with the police that the deceased had committed suicide by hanging herself with a rope.
The post-mortem revealed that besides a ligature mark on the neck, the abdomen of the deceased was distended and discoloration was present in the flanks. Further there was a big tear 6″ long in the stomach of the deceased besides a lacerated wound 3”+ ½ on the front of left lobe of the liver. All those injuries were ante mortem. The doctor who conducted the post mortem stated that there was little possibility of the deceased hanging herself, in view of the above injuries.
All the accused pleaded innocence and contended that the deceased had committed suicide by hanging herself.
Write a reasoned Judgment. In case of conviction for murder, whether capital punishment of imprisonment for life should be awarded to the accused persons. [DJS 1984]
Q. 13. A lodges a report with the police that his V.C.R. has been stolen by B. Police recovers that V.C.R. documents pertaining to the said V.C.R. produced by both A and B are suspicious. To whom the temporary custody of the recovered V.C.R. is given? Give reasons. [DJS 1984]
Q. 14. One R was married to B 5 years prior to the occurrence, yet she was issueless. X brother of R had also been residing with her sister and brother-in-law even before the impugned incident. There was evidence to the effect that since R had failed to beget any child, the relations in between the husband and the wife were very strained. The parents of B were also very much unhappy on the said score. Smt. R is reported to have told her brother X that her husband had tried to throttle her on 01.05.76 but had restrained to do so on second thought. During the intervening night of 1st and 2nd of May 1976 while X was reading outside the house of B in the bulb light at the house of L, he heard a noise coming from inside the house of his brother-in-law. X along with L got the door of the house of B opened and entered the house. They found Sm. R lying on the ground in a semi-conscious state. She informed the above said two persons that she had been administered 3 tablets by her husband on the pretext that it will help her in getting pregnant. The matter was subsided on the intervention of X and L. The door was again bolted from inside.
On the next morning, i.e. on 02.07.76 when the door of the house was opened and X entered the house he was startled to see his sister hanging from a peg in the roof with a rope, the one end of which had been tied to a nail fixed in the wall. X tried to lodge a report but he was not allowed to do so by B and his father on the pretext that the village watchman had already been instructed to do so in regard to the suicide committed by Smt. R .
Doctor who conducted the post-mortem found the face of the deceased bloated and bleeding from her nose. He further found the following ante mortem injuries :-
- The ligature mark in width over the Hyroid cartilage. The mark of knot on the right side “1 ½ x 1” with contusions of tissue underneath and fracture of thyroid cartilage.
- Abraded contusion 5” x 3%” on the front right side of the chest with fracture of second and third ribs and laceration of the right lung.
- Abraded contusion “6 x 4” on the front of the left side of the chest with fracture of second, third and fourth ribs anteriorly in the middle elerical line with laceration of the left lung underneath.
- Abraded contusion “2 x 1” on the back of the left hand over the fourth knuckle.
According to the doctor the death was due to shock and haemorrhage and asphyxia due to above injuries. B husband or R, M, his father, and his mother, were charged with murder or R. They pleaded not guilty and the defence was that the deceased committed Suicide.
Write a reasoned judgment. In case of conviction whether capital punishment or imprisonment for life should be awarded. [DJS 1989]
Q. 15. A and B are being prosecuted for the offences under sections 302/34, 201 / 34 and 404 /34. of the Indian Penal Code. According to the prosecution, on 15.2.1989 both these accused, having induced the deceased to accompany them, committed his murder and then took out his ornaments which were on his body and then threw away the dead body into a well and on the next day sold away the ornaments to a goldsmith in a nearby village. The prosecution case rests on. the following evidence:
- There were long standing enmity between the accused persons and the deceased.
- The deceased was last seen going together with the accused persons in the evening on 15.2.1989.
- The ornaments which were on the person of the deceased were sold away by the two accused to a goldsmith in a nearby village on 16.2.1989.
- Both the accused raised a false plea that they were in the village all the days till the dead body was recovered on 17.2.1989.
Write a judgement disposing of the case, bringing out clearly the standard of proof required in such cases. [DJS 1990]
Q. 16. K stands charged for the offences under sections 302 /201, I.P.C. Apart from the confession of co-accused, the evidence at the trial consists of the following circumstances:
- That the accused had a strong motive for revenge against the deceased and had twice been heard to say that he would be revenged;
- That though at the time of the murder the accused was attending a meeting at a Gurudwara, he was absent from the meeting long enough to enable him to commit the murder;
- That some 12 hours after the crime, he assisted in removing the body of the deceased which had been put in a gunny bag, from the house in which the victim was murdered to a lonely place about a mile away from there; and
- That strips from a sari border which were used for tying up the mouth of the gum)! bag, were torn off from a saree belonging to the mother of the accused and found from his house. Write a judgment deciding the case against K, indicating clearly the standard of proof required in such cases. [DJS 1990]
Q. 17. The petitioner was arrested by the police on 15.10.1989 for an offence under section 307, IPC. He was remanded to judicial custody on 16.10.89 till 30.10.1989 by the Magistrate. On 30.10.1989 the Magistrate was on leave and the remand was extended till 10.11.1989 under the signatures of the Reader of the court. Thereafter, the remand was extended from time to time by the Magistrate. On 11.01.1990 the charge sheet was filed and cognizance taken. When the accused was produced before the Magistrate on 16.10.1990, a bail application under section 167 (2), Cr.P.C. was moved on the grounds (i) that the detention of the accused between 30.10.1989 to 10.11.1989 was illegal, and (iii) that the Magistrate could not take cognizance on 11.01.1990 in the absence of the accused and the cognizance can be said to have been taken on 16.01.90 when the accused has been produced. Decide. [DJS 1990]
Q. 18. On 23.03.1988 the accused was arrested by the police for an offence under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, having been found to be in possession of One Kg. of heroin valuing at rupees one Crore in the International Market. The charge sheet having not been filed within the prescribed period of 90 days, the Magistrate enlarged the accused on bail on 22.07.1988.
On 29.07.1988 the State moved on application for cancellation of bail on the grounds that the charge sheet has since then been filed, that the offence alleged is of serious nature punishable with minimum sentence of 10 years rigorous imprisonment and a fine of Rupees One Lakh, and that one accused from whom the recovered heroin has been confessed to have been purchased is absconding, and investigation in the case could not be completed within the time frame. Decide. [DJS 1990]
Q. 19. The wife got a case registered against her husband B for an offence under section 406, I.P.C. on the ground that after their estrangement her gold ornaments were retained and misappropriated by B. The police arrested him. During interrogation B disclosed that he had handed over the ornaments of A, the wife, to one ’C’. In his statement recorded under section 161 of Criminal Procedure Code. ’C’ stated that he had pledged those ornaments with a Bank. Ornaments were recovered from the Bank. B was, however, acquitted on a finding that evidence had not established his guilt. In proceedings regarding disposal of property after conclusion of trial, each of A, B and C lays claim to the ornaments. Write an order disposing of the respective claims. [DJS 1990]
Q. 20. K had suspicion that B had liaison with his wife. He approached C and suggested that B should be killed. Thereafter K along with D got knife of unusual dimensions prepared from S. K armed with knife and accompanied by C and D attacked B while he was asleep and caused death by inflicting two injuries, which were sufficient to cause death in the ordinary course of nature. During investigation K made disclosure pursuant to which the knife was recovered. It ‘was found to carry human blood. It was also found that C had confessed to H about his involvement and commission of murder by the three. C became approver, and K died before trial commenced.
Evidence against D comprises of:-
- Approver’s statement implicating himself and others.
- Statement of S. regarding preparation of knife.
- Statements of witnesses of disclosure and recovery.
- Previous confessional statement of C.
- Medical evidence.
- Evidence showing motive. [DJS 1991]
Q. 21. An indecent joke cut by accused with the wife of a P.W. led to quarrel and the deceas who was no where in picture tried to intervene. Two of the accused gave some beaten to him. Then accused G gave blow with spear on the chest of deceased D which Prove fatal. For what offence would you convict the accused G. [DJS 1991]
Q. 22. After the prosecution evidence was over, the court said to the accused, Having hear the evidence against you what have you to say about?” The accused replied, ”I am innocent. l was at Nagpur at the crucial time when the occurrence in question took place at Agra. The prosecution story is false. I shall produce evidence”. And he did. His Conviction is being assailed on the ground that he had not been properly questioned after the prosecution evidence. How would you decide? [DJS 1991]
Q. 23. X was charged under section 338, I.P.C. for causing grievous hurt to Y by doing an act so rashly and negligently as to endanger human life. After the evidence had been recorded, both X and Y moved the Court for permission to compound the said offence, ‘The Magistrate refused permission on the ground that the compensation paid by X to Y was mearge. Discuss the legality of the order. [DJS 1991]
Q. 24. On 05.06.94 at 5 AM. Police Control Room received information that an incident had taken place in House No. 10, New Colony. The police reached there and found that wife of the accused had been murdered. The accused told police that he slept with his wife in the back verandah after his brother retired to his bed-room at 10 PM. He locked the collapsable door of the verandah. His wife wearing gold ornaments. At 1.30 AM. he felt chily so went to sleep in the bedroom. He came out at 4 AM. to urinate and found his wife almost naked upto thighs, her tongue protruding and on touching her he found her dead. He also noted some scratches on her tongue neck and her gold ornaments missing from her body. He told that his wife as strangulated by somebody While committing theft of her ornaments. He screamed and his brother and neighbour collected. His telephone was out of order so he asked his brother and neighbour to inform the police. Police found injuries in the nature of bruises etc., on the front part of the body, on the neck, as well as on the back of the accused. The accused was tried for committing the murder of his wife. There was no eye witness of the occurrence. The instances set up by the prosecution against the accused during trial were:-
- Information to the police at 5 A.M. given by a neighbour and not the accused.
- The accused having slept alone at night in the verandah with the deceased after having locked the collapsable door of that verandah from inside and the lock having been found in the corner of the back courtyard in the morning without being tempered with;
- The deceased and the accused were last seen together;
- The ornaments, which were stated to be on the person of the deceased while she was sleeping, and which were found missing when she was discovered and having been recovered from the drain hole of the bath-room attached to the bed-room of the accused in consequence of and in pursuance of a disclosure statement made by the accused;
- Injuries found on the person of the accused in the nature of abrasions, contusions, and lastly.
The accused having given false information to the police by means of his statement. Other evidence was that relation between accused and his wife were cordial and there was some discrepancy in the statement of the witnesses of recovery of gold ornaments. About injuries on his person accused alleged that he was beaten up by the police. Write a judgment. (DJS 1996)
Q. 25. B Was neighbour of A. He had illicit relations with A’s wife C for many years. On 31.03.1993 B went to sleep in his house in the evening and did not appear thereafter On 04.04.1993 brother of B lodged a report with the police expressing suspicion against A and C. During the course of Investigation A allegedly made disclosure statement and consequently led the police party to his sitting room where he pointed out a spot covered by a cot. He thereafter dug the floor and dead body of B was recovered from a five feed deep grave. At A’s pointing out the police also seized a wood cutter and a knife from a bag hanging in the adjacent room. Knife had no blood stains while wood utter had it and serologist on examination found it to be human blood and of the same group as that of deceased B. Both A and C were tried for offence under section 201/34 and 302/34 Indian Penal Code. The entire case of prosecution is based on circumstance evidence. The circumstances relied up by the prosecution are:
- The deceased had illicit relations with C, wife of A;
- The deceased was last seen on the night of 31.06.93 when he went to sleep in his house and thereafter his dead body was found buried in the house of accused;
- A on interrogation made disclosure statement leading to recovery of the dead body from a five feet deep pit in the sitting room of A;
- Recovery of wood cutter from the possession of A which was found to bear the same human blood group as that of the deceased.
Write a judgment.
(Section 201 Indian Penal Code causing evidence of commission of offence to disappear, section 302 Indian Penal Code committing murder, section 34 Indian Penal Code commission of offence in furtherance of common intention). (DJS 1996)
Q. 26. ‘X’ on hearing that his brother Y was being beaten up by an iron by Z reached the spot. He found the accused abusing and saying to the victim that he would not let him remain alive. On seeing ‘X’ and other coming he ran away. ‘X’ removed his injured brother to the hospital where Y died. ‘X’ reported the matter to the police naming Z as the sole accused of crime. During interrogation two witnesses claimed to have seen and heard before hand A, brother of Z, to have exhorted the accused to kill the deceased whereafter the actual assailant is said to have assaulted the deceased. Police filed challan against Z on the basis that A was not involved in the crime. X moved application before the Magistrate to summon A also so as to send him to stand trial alongside Z before the Court of Sessions. Decide X’s application. (DJS 1996)
Q. 27. A filed a complaint with the allegation that B had conspired and fabricated an agreement of sale and forged the signature of C and on the basis thereof he attempted to claim retention of the possession of the remaining part of the house. Magistrate examined witness under section 202, Cr.P.C. and ordered issue of summons to B. B then filed a civil suit for injunction to restrain C from interfering with his possessions and produced the agreement of sale in question. Thereafter B filed an application to quash the complaint on the ground of bar under section 195, Cr. P.C. decide his application.
Note: Section 195 Cr.P.C. bars a Court from taking cognizance of an offence punishable section 471, I.P.C. etc., (using forged document as genuine) when such offence has been committed in respect of a document produced or given in evidence in a proceeding in any court. (DJS 1996)
Q. 28. ‘A’ wife, applies and gets maintenance fixed for herself and her new-born child. The husband denies paternity and applies to the court for blood group test of the mother and the child and his own. Write a reasoned order. (DJS 1996)
Q. 29. A case of criminal breach of trust was registered against ‘X’. The police
- arrests ‘X’,
- searches the premises of ‘X’,
- freezes his bank account,
- seizes property found in his possession connected with crime.
‘X’ raises objection that he should have been given opportunity of being heard before these actions.
Dispose of his objection. Also discuss the application of principle of audi alteram partem in criminal. (DJS 1996)
Q. 30. “Rules of evidence are in general the same both in civil and criminal cases.” Comment on the correctness of the above statement.
OR
“If a person has a right to live, he also has a right not to live.” (DJS 1996)
Q. 31. ‘X’ a petty hawker engaged in selling pens and sundry items at I.S.B.T. is produced before you by the police on 11.10.99 on the allegations that he was arrested on the previous day i.e. 10.10.99 in case F.I.R. 301/99 Police Station Kashmeri Gate under section 379 I.P.C. relating to pick pocket of a passenger P, who arrived at IS.B.T. on the night intervening 06.10.99 and 07.10.99; a cash amounting to Rs. 300/-, ball-pens numbering about four dozen and several key rings were recovered from the personal search of ‘X’. ‘X’ during course of interrogation confessed to have picked the pocket of a passenger on the night of 06.10.99 and 07.10.99 and could get recovered the stolen purse, Identity Card of the passenger and a part of the cash from the house of his sister in Mangolpuri.
Q. 32. X is produced before you on 11.10.1999 on the allegations that he was arrested on 10.10.1999 in case FIR 301/99, under section 25 Indian Arms Act for being found in possession of a prohibited knife; during interrogation he made confession in regard to an incident of robbery which he had committed alongwith ‘Y’ on the night of 29th September, 99 and offered to get recovered the robbed articles and get arrested ‘Y’ from Sonepat. Police prayed for two days police remand to enable them to arrest ‘Y’ and recover the robbed articles. On the other hand a plea for release of ‘X’ on bail was made on the ground that he is innocent and has been falsely implicated because he refused to take two police officials in his auto rickshaw and that he was in fact detained at the police station since 08.10.99 and was given beating and his signatures obtained on blank papers.
Case diaries showed the confessional statement of ‘X’.
Decide the pleas of the police and X.
(Section 167, CrPC deals with the procedure when investigation cannot be completed in twenty four hours).
Q. 33. A and B have been arrested for the offence of murder of one C punishable under Section 302 read with section 34 I.P.C. and were remanded to custody from time to time for a total period of 90 days, out of which 3 days were in police custody and 87 days in Court/judicial custody. As the investigation could not be completed within the stipulated period of 90 days, on the 91st day a plea for the release of A and B on bail was made. The court issued notice to the State through Public Prosecutor and fixed the matter for consideration and hearing for the next day. On the next day police filed report under section 173 Cr.P.C. with a footnote that the reports of chemical examiner and serologist in regard to certain material exhibits are awaited and shall be field soon after the receipt. Public Prosecutor also opposed the pleas of A and B.
Decide the plea of A and B. Would it make any difference if there was no foot note in the report? (DJS 1999)
Q. 34. Consider the question of framing of charge and frame appropriate charge(s) in the following case, if necessary:
B a boy aged about 6 years and his sister G aged 5 years and their mother M are being prosecuted for offence of culpable homicide not amounting to murder punishable under Section 304 read with section 34 I.P.C. on the allegations that on the evening of 01.09.99 at about 6 p.m., B and G were playing in the street with another girl child C daughter of a neighbour, aged about 4 years; C pushed G as a result G fell down and started crying. B felt enraged, picked up a stone lying in the street and hit C on her head twice as a result C turned unconscious. B and G retired to their house and told M about what had happened to C. M reached the spot and believing that C had died, lifted her in her arms and took her to a nearby nallah and threw C in the nallah. After about two hours police reached the spot, recovered C from nallah and removed her to the hospital where she was declared to have been brought dead. The doctor conducting the post-mortem examination on the body of C, opined the cause of death of C as asphyxia due to drowning. (DJS 1999)
Q. 35. A instigated B to set fire to a dwelling house. B, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, had set fire to the house, A and B are sent for trial for the offence punishable under section 436 read with section 34 Cr.P.C. on the above allegations. (DJS 1999)
Q. 36. Additional Chief Metropolitan Magistrate, New Delhi, vide his judgment dated 1st September, 1999, while acquitting X of the charge under section 25 Indian Arms Act, observed that the Sub Inspector of police who had investigated the said case had wilfully and knowingly fabricated false evidence i.e. a search and recover memo with the intention that such evidence would be used in the judicial proceedings against X. Additional Chief Metropolitan Magistrate decided to summarily try the Sub-Inspector and issued him notice. In response to the notice sub-Inspector appeared and filed his reply /objection stating that he was a public servant and therefore could not be tried for the offence of perjury etc. without the sanction of the Lt. Governor of Delhi. Decide the objections of the police sub-Inspector. (DJS 1999)
Q. 37. C filed a complaint in the court of Chief Metropolitan Magistrate, Delhi alleging that on 23rd September 1999 at about 4.00 p.m., a police party of four police officials headed by sub inspector S, raided his house without any warrant of search and while carrying out the search, members of the raiding party abused and assaulted his wife and took away certain articles belonging to him and thus all of them committed offences punishable under section 451, 452, 453, 456, 457, 458, 380, 334, 426 and section 120B, I.P.C.
After preliminary examination of the complaint and witness as the chief Metropolitan Magistrate summoned all the four police officials as accused. Police official put in appearance and filed applications praying for the recall of the order of summoning on the grounds that they are public servants and had raided the house of C pursuant to the warrants of search issued by the Metropolitan Magistrate and they had prepared the inventory of the articles seized from the house of C. They however denied the allegations as to the abusing and assault on the wife of C. It was also pleaded that they could not be prosecuted without the sanction of the State Government under section 197, Cr.P.C.
Decide the application of the police officials.
(Section 197, Cr.P.C. provides that no court shall take cognizance of the offence committed by a Judge or public servant unless prosecution sanction is given by the Central or State Government and if the offence committed by the public servant is in the discharge of his official duty). (DJS 1999)
Q. 38. H, Husband is facing trail for the offences under Sections 302 and 201, Indian Penal Code for having committed the murder of his wife W by administering poison to her. There are no eye witnesses to the occurrence. However prosecution established and relied upon the following circumstances in order to prove its case against H:
- H was an Army Officer posted in Delhi and was living in a quarter with his wife W during the relevant period.
- W had some white spots on some parts of her person and H believed that W was suffering from Leprosy.
- H and W were not having cordial relation and often quarrelled, W alleging that H was having illicit relation with the widow of his elder brother.
- H although had obtained a travel warrant of W from the military authority but travelled alone to his native place in Pune around the same period when body of W was recovered in a decomposed state.
- H on reaching his native place falsely represented to the mother of W that W could not accompany him as she was getting treatment for certain ailment.
- Body of W was recovered by the police from near the railway track at a distance of about 100 meters from the house of ‘H’, two days later, to the date of which H had travelled to his native place but the post-mortem examination put the time of the death of W to the date of the departure of H.
- House of H was found locked from outside when the police took H there, seven days after his arrest from Pune.
- Certain ornaments, a wrist watch and some new clothes belonging to W were recovered from the house of the sister-in-law of H pursuant to his own disclosure and confession of the guilt before the police.
H pleaded innocence and put forth the defence plea that W had declined to accompany him to his native place and so he left alone, leaving W in the quarter in Delhi and W might have committed suicide by consuming poison.
Write judgment. (DJS 1999)
Q. 39. Five Police officials A-1 to A-5 are being tried for the offence punishable under Section 302 Indian Penal Code read with section 34 Indian Penal Code on the allegation that on the night intervening 31st December 1998 and 1st January 1999, they with the common intention of all of them to killed three persons, who were returning to Delhi from Agra in Maruti Van, by the fire arms. Investigation was conducted by the C.B.I. No Public witnesses who might have witnessed the occurrence came forward to support the case. Prosecution, however, established and relied upon the following circumstances:
- Police Officer A-1 who was also incharge of Police Station was informed by constable that he had received information that certain criminals are moving in a Maruti Car and they are firing shots.
- Getting the information A-1 with A-2 to A-5 immediately left the police station armed with revolvers and riffles in a police jeep.
- After about two hours A-1 to A-5 returned to the police station and brought back three dead bodies and one Maruti Van by toeing.
- Maruti Van was found to be damaged, its glasses broken, it having bullet marks and blood marks.
- All the bodies had bullet injuries on them and post-mortem report showed that deceased were killed on account of firing from rifles.
- Ballistic report showed that pistols found near dead bodies were never used and were in fact defective.
- There was no damage or marks on the jeep used by the police officials/accused.
- None of the accused had sustained any injury on account of alleged firing from the van.
- Accused A-1 took away the police station diary which he made available four days after the occurrence and the diary was found manipulated.
Accused A-1 to A-5 pleaded that they had to fire upon the vehicle in order to apprehend the criminals who had fired indiscriminately from inside the Maruti Van.
Write the judgment. (DJS 1999)
Q. 40. A bus stopped at the stand. A man and a woman started to board it from the front gate. The driver put it in motion, throwing the woman on road and the man under back left wheel. While the man died, women suffered only bruises.
The driver pleaded ‘not guilty’ to charges under sections 279, 337, 304A Indian Penal Code and in alternative asked for probation.
Write judgment to decide the case keeping view the points likely to be raised by the prosecutor and the accused Driver. (DJS 2000)
Q. 41. Six Brothers faced trial for offence of rioting and grievous hurt. It was alleged that two brothers gave first and kick blows to victim and third prevented his wife from coming to his rescue while remaining three did not do any overt act. They all had come with the object of be labouring the victim.
Write judgment indicating the offence and deal with the plea of lastly mentioned three brothers of alibi. (DJS 2000)
Q. 42. Police got information of a double murder and reached a two storeyed house at about 5p.m. They found ‘S’ standing there. They found dead body of a young women on the first floor and a middle-aged woman in the courtyard. Maternal uncle and brother-in-law of ‘S’ came there. When ‘S’ was being taken by police in the jeep, he confessed that he killed his wife and then widowed mother by strangulation. He got recovered a Chunni and rope from under a tree in front of the house. Post-mortem confirmed death of the woman by strangulation.
Write a complete judgment. (DJS 2000)
Q. 43. A woman was admitted in burnt condition in the hospital by her husband on 15.6.1999 at 3 p.m. She told the doctor that it was an accident. SDM came on 19.6.99 and recorded her statement. She then said, “I was married two years back. My husband and mother-in-law were not satisfied with dowry and harassed her. Father-in-law was indifferent. Unmarried sister-in-law always found fault with whatever I did. When I could take no more, I sprinkled kerosene on my head and showed lighted “match stick” The woman died on 23.6.1999. Parents of the woman alleged dowry-death. Sister of the woman produced 4 inland letters received from the victim detailing the demand and harassment being meted out to her. Decide. (DJS 2000)
Q. 44. After conclusion of evidence but before judgment, Prosecutor applied under section 311 Cr.P.C. for summoning:
- Senior Scientific Officer of C.F.S.L. to prove report,
- Director of explosives to give reasons for his opinion that bullet ‘P1’ could be fired from gun ‘P2’ only.
- Head constable to prove entries of Malkhana Register.
Accused also moved application for recalling the eye-witness already examined for further Cross-examination by new counsel appointed after death of previous counsel. Decide both application after mentioning the arguments in favour and against each application. (DJS 2000
Q. 45. ‘X’ a Director of Chit Fund is facing trial under section 420 IPC. The FIR was lodged by ‘C’. As PW1 ‘C’ stated after a part examination in chief was recorded that X’s wife was also involved. The Magistrate ordered, “Summon X’s wife also under section 319 Cr.P.C. She is a co-accused in two other cases of cheating in which FIR was lodged by ‘B’ and ‘C’ against ‘X’.
Argue in support and against the Order. (DJS 2000)
Q. 46. Briefly discuss the following:
- In what manner a police officer can seize, if at all, bank account of an accused during investigation of a corruption case?
- Whether charges under section 395 or 498-A IPC against more than one persons can be framed without the aid of section 34 or 120-B IPC? (DJS 2000)
Q. 47. ‘A’ is charged for the murder of his wife. During the trial the following facts are established:
- deceased suffered burn injuries on her body;
- the last seen evidence points out that ‘A’ was the only person in the house at the relevant time;
- before dying the deceased made a dying declaration that her sari caught fire due to an explosion in the stove when she was cooking food;
- as per the post mortem report she had suffered 90% burns and traces of kerosene were found on her head;
- no pieces of the stove were found at the scene of occurrence. she was cooking food;
Decide the case and write a reasoned judgment. (DJS 2005)
Q. 48. A, B, C and D entered the room of the deceased armed with lathis. A exhorts the other to attack X. E, the servant of X, tries to save his master and sustain injuries in the process. E in his evidence did not attribute any positive Act on the part of D in the incident. A, B, C and D are charged for offence under section 302 r/w Section 34 of the IPC. Write judgment giving possible arguments for the prosecution and the defence. (DJS 2005)
Q. 49. One ‘A’ a widower living alone had employed a full time male domestic servant ‘B’ and he had been staying in A’s house for quite sometime. ‘A’ used to go everyday in the morning to a temple for about two hours and his servant used to be there in his house. ‘A’ started suspecting that his servant was misappropriating household things in his absence and so one day he terminated his job and ‘B’ left the house conveying his unhappiness to ‘A’. Next day as usual ‘A’ went to the temple and when after two hour he came back he found the lock of the entrance door of his house broken and when he entered inside he found that his imported TV and some cash was missing. He immediately went to his next-door neighbour ‘C’ and informed him about the theft. His neighbour ‘C’ told him that sometime back he had seen his servant ‘B’ and one more person taking away TV on a three-wheeler scooter. Immediately thereafter both ‘A’ and ‘C’ go to the nearest police station and an FIR is lodged against ‘B’. Statement of ‘C’ is also recorded wherein ‘C’ claimed that he had seen ‘B’ and one more person whom he would be able to identify on seeing him again taking away the TV. Next day of the incident ‘B’ is arrested and he makes a disclosure statement and gets one TV and some currency notes recovered. At his instance his associate ‘D’ is also arrested but nothing is recovered from him.
During the trial of ‘B’ and ‘D’ ‘A’ deposes that he had been told by ‘C’ on the day of incident that he had seen his servant ‘B’ and one more person taking away one TV. He also identifies the recovered currency notes. ‘C’ in his chief-examination supports A’s version and he also identifies both the accused correctly to be the culprits. His cross-examination is deferred for the next day when he turns hostile and states that he had not seen ‘B’ and ‘D’ taking away the TV nor had he told so to ‘A’ ‘C’ maintains that statement even when he is cross-examined by the public prosecutor. Investigating officer, in his evidence, deposes about making of disclosure statement by ‘B’ while in police custody and his getting recovered one TV and some currency notes and arrest of ‘D’.
Defence counsel argues that evidence of ‘A’ that ‘C’ had told him that he had seen his servant ‘B’ and one more person taking away the TV had become hearsay evidence because C’ himself had turned hostile and had denied having said so to ‘A’ and so entire evidence of ‘C’ gets washed off the record and that evidence of alleged recovery of TV and currency notes at the instance of ‘B’ and identification of ‘D’ by ‘B’ in court is of no value as there was no prior Test Identification Parade (TIP) got conducted by the police and so both the accused should be acquitted.
Write a judgment dealing with each of these contentions of the defence counsel. (DJS 2006)
Q. 50. Theft of a scooter takes place in the area of Sarojini Nagar, Delhi on 19.6.2006 and in the complaint made to the police, none has been named by the complaint. On 25.6.2005 A is arrested by police of police station Srinivaspuri, Delhi in some theft case of that police station. During investigation of that case, he makes disclosure statement to have committed theft of the scooter from the area of Sarojini Nagar and having delivered the same to B for driving purpose and then offers to get the same recovered from B on 25.6.2005 itself. Frame charge in this case. Also discuss about applicability of section 34 IPC so far as possession of the stolen scooter is concerned. (DJS 2006)
Q. 51. Write short notes on Difference between the judgment per incuriam and judgment sub-silentio. (DJS 2006)
Q. 52. Rajiv and Rajesh, two bothers lived with their families in a jointly owned house. The families used to quarrel, so they decided to partition. Both called their brother-in-laws at the time of negotiations. Dispute arose between them over partition of house and assests. Heated arguments ensured. Rajiv go: very angry and went inside the house and brought a Gandasa. He attacked Rajesh and his Brother-in-law. Rajesh and his brother-in-law tried to save themselves and received injuries in the scuffle. Rajesh snatched Gandasa from Rajiv and gave Gandasa blow to him which struck abdomen of Rajiv. Resulting into his death.
In the light of above facts,
What charges can be framed against Rajesh.
Write a Judgment. (DJS 2007)
Q. 53. H, husband, is facing trial for the offence under Section 304B and 201 IPC for having committed the murder of his wife, W by burning her. There are no eye witnesses to the incident. However, the prosecution has established and relies upon the following circumstances in order to prove the charges against H.
- H was married on 20th February, 2006. H would frequently complain that parents of W did not give sufficient dowry on marriage.
- H had on number of family functions praised R cousin of W, as more beautiful because of which there were strained relations between H and W.
- W had a feeling that there were illicit relations between H and R.
- On the date of incident she raised shrieks which attracted the attention of her sister-in-law living on the ground floor in the same property ad she found W extensively in burnt condition which doctors opined to be case of 98% burn.
- There was no kerosene stove in the kitchen, a can of kerosene with its lid open was recovered from the room.
- H received 6% burn injuries on his hands, while saving W which doctor opined as superficial burns.
- H took two hours to take W to the nearby government hospital. W died on the next day after expiry of 24 hours but before her death she made a statement to the IO that action be taken against H and R.
Write a Judgment deciding the case.
Q. 54. A student t of 1st year of Graduation alongwith three friends B, C and D were coming back to home, in the early hours of 1st January, 2005 after attending a New Year Party. All of them were in an inebriated condition. A was on the wheels, B was on side seat while C and D were sitting at the back seat. Loud music was on in the car. Suddenly they found a police Party having parked their Gypsy jeep in the middle of the road and a policeman waving them to stop the vehicle and they instead of sopping the vehicle accelerated the car to a high speed of 100 KM, as a consequence of which two of the policemen were knocked down and killed. One policeman was dragged for almost ten meters before B, C and D got down and removed his body away from the car. The car sped away. The blood-stains on the car were washed by all the four and, thereafter, the car was also got dented and painted. All the boys were arrested and sent for trial for an offence under Section 299, 201/34 IPC. The Defence took the plea that it is a case of 304A IPC at best against A and 201 IPC against B to D. Write a judgement deciding criminal liability of all of them. (DJS 2008)
Q. 55. Write a short note:
- Police remand and judicial remand. (DJS 2008)
Q. 56. R was living with her 5 children and 70 years old father-in-law at House No. 10, Vikas Puri, Delhi. Her husband was living separately. S, a friend of her husband, had an evil on her.
On 19.12.2009 at around 3 a.m. in the morning, some person knocked her door. When she went to open it, no one was found. She returned back to her room and thereafter went to the toilet. Toilet was open to the sky. On entering the toilet she saw S hiding there. He immediately poured kerosene on her and lit her with a match. R ran out, shouting for help. Her elder son D, aged 6 years, woke up and tried to save her. S fled away. R was admitted in the hospital in a semi-naked condition. At 4.45 a.m. R was declared fit for statement. Her statement was recorded by the Investigating Officer. She named S as the culprit.
FIR section 307 I.P.C. SDM was informed. SDM recorded a second statement of R at 5.30 a.m. after obtaining a fitness certificate. M.L.C. of the victim had recorded 100% burns.
Statement of D was recorded under section 164 Cr.P.C.
R died on 24.12.2009. FIR was converted to an offence under section 302 I.P.C. S was arrested. From his personal search a bus ticket dated 19.12.2009 was recovered.
Case of the prosecution: The two dying declarations are consistent and a valuable piece of evidence. D was an eye witness. Bus ticket recovered from the personal search of S evidenced his presence in Delhi on 19.12.2009.
Defence of accused: The dying declarations are suspect; 1st was in the narrative form. Victim had 100% burns. 2nd dying declaration had the stamp of the SDM engrossed beneath writing showing that the page was already stamped which was at some later point filled in. Child witness cannot be relied upon; why grandfather was not produced as a witness; R had intimate relations with S: to save her honour she had falsely implicated S. Accused entitled to benefit of doubt.
Write a judgment, dealing with the rival contentions, citing the statutory provisions and case law. (DJS 2010)
Q. 57. Trial court had convicted S under section 302 I.P.C. for having committed murder of N. Two pieces of evidence were relied upon:
- Extra judicial confession made by S to MN.
- Recovery of a blood-stained pana from bus No. DL IP A 1294 and a blood-stained pant of S.
Facts: On 16.1.2009 at 7.25 a.m. dead body of N was recovered from a park near Kamal Cinema. Trail of blood from the dead body led to bus No. DL IP A 1294 parked near the park. Driver of the bus R and bus helper MN were examined.
MN stated that S, who had boarded the bus along with his friend N, had made an extra judicial confession to him inculpating himself. Bus had developed a snag: N. S and MN had dinner together in the bus; in the morning dead body of N was found in the bus parked behind bus No. DL IP A 1294; S was sleeping in bus No. DL IP A 1294 when MN woke him; S confessed to the crime.
Disclosure statement of S was recorded; he got recovered a blood-stained pana from bus No. DL IP A 1294 and his blood-stained pant. Conviction under section 302 I.P.C. followed.
Case of the Prosecution: Extra-judicial confession coupled with the recovery of the weapon, i.e., the blood-stained pana, and the pant was sufficient to sustain the conviction. Defence of the accused: Circumstances are not proved. Extra-judicial confession is a weak evidence; recovery of the blood-stained pana and the pant are demolished as the recovery was not witnessed by public witnesses; there is no medical or scientific evidence.
Write a judgment, dealing with the rival contentions, citing the statutory provisions and case law. (DJS 2010)
Q. 58. On 23.1.2009 at 8.05 pm. DD No. 15 was recorded at PS Ambedkar Nagar that R was reported missing; she had not returned from school. On 24.1.2009 a written complaint was given by her father that R had been kidnapped. On 25.1.2009, R was produced in the police station by her father. Her MLC recorded a torn hymen; no injury was visible; age was recorded as 15 years.
Statement of R was recorded under section 164 Cr.P.C. Accused was arrested on her statement. He was charge-sheeted and convicted under sections 363 and 376 I.P.C.
Case of prosecution: Version of R by itself is sufficient to convict the accused. This version is corroborated by the medical evidence.
Defence of the accused: The three statements of R under section 161, 164 CrP.C. and on oath in court are contrary and conflicting. R was admittedly known to the accused; it is a case of consent.
Write a judgment, dealing with the rival contentions, citing the statutory provisions and case law.
Q. 59. Death by negligence. Discuss in the light of plea bargaining. [DJS 2010]
Q. 60. Sentencing parameters in non-bailable offences. [DJS 2010]
Q. 61. ‘J’ an Indian doctor was having a live in relationship with ‘R’ a US. citizen of Indian origin. Since ’J’ was reluctant to marry ’R’, the relationship between the two strained. ‘J’ and ’R’ to patch up the differences went for a holiday to Australia and reached there on 25th January 2010 at the Marina Hotel, Sydney at 9 am. Soon thereafter both went out for sightseeing and came back to the hotel at 10 pm. They had dinner together it the room. On the next day morning at 7 am. when ’1’ got up, ‘R’ was not it the room. He made enquiries from the hotel staff and nearby. Since he could not trace out 11’ he checked out of the hotel at 11 am. He went to Boston and informed the parents of ’3’ about her missing from the hotel room. Without lodging any report either in Sydney a Boston, he comes back to India. ’R’s parents go to Sydney and lodge a report with the police. Investigation is thus taken up after a week of ’R’ missing. From the bathroom attached to the room of Marina Hotel where ’J’ and ’R’ stayed, reddish blood stains of blood group ‘A’ are recovered. Further finely chopped parts of a woman aged 20-30 years suggesting an Anglo Indian Origin are recovered from a rubbish bin ‘m the city of Sydney within 200 meters of Marina Hotel. Parents of ’R’ come tracing ’1’ to India where he is found hiding at a farm house in Delhi. On an FIR being lodged fat offence under Section 302 IPC, ’J’ is tried for the same.
Case of prosecution:
- ‘R’ was last seen alive in the company of ‘J’;
- ‘J’ anted the false defense that ‘R’ left him in the morning of 26th January 2010;
- ‘J’ did not lodge any complaint to Sydney police;
- Body parts were recovered from a rubbish bin only 200 metres away from Hotel Marina;
- The body parts were identified to be that of ‘R’;
- The blood group of blood stains found in the bathroom matched the blood group of ‘R’ and
- ’I’ remained absconding for a period of two years.
Case of defense:
- No motive of alleged crime has been proved;
- Mutilation of the body was possible only by surgical instruments and not by a butter knife or a fork. There is no evidence that ‘J’ had access to any surgical instrument;
- The hypothesis of ‘J’ committing murder in the bathroom is ruled out as no employee or guest of the hotel has seen ‘J’ taking parts of the body out of the hotel:
- Hypothesis of guilt is further ruled out as ‘J’ himself informed the parents of ‘R’? about her missing and
- ‘J’ had not absconded and had merely come back to his house in India as he could not live without ’R’ at Boston.
Write a judgment concerning the guilt or otherwise of the accused, discussing the rival contentions in relation to the circumstances that have emerged, citing the statutory provisions and case law. (DJS 2011)
Q. 62. Accused ‘A’ doing MA. Ancient History in the year 2008 was staying at University Hostel. On 31.12.2008 ‘R’ the Hostel Warden was returning from lunch at about 01:00 pm. ‘A’ reported to him that ‘M’ and ’N’ two other inmates of the hostel abused him by using the word “Goonda”. On ‘R’ making an enquiry both ‘M’ and ‘N’ replied in the negative, despite ‘A’ repeatedly asserting that they insulted him. ‘A’ also informed ‘R’ that on the previous night also there was heated discussion between ‘A’ on the One side and ‘M’ and ’N’ on the other side. ’P’ the cook after finishing the work in the mess was relaxing on the cot. At this point of time he saw ’A’ coming towards the door. ’A’ was wearing a half T-shirt and lungi. The cot of ’M’ was near the door. ’A’ took out a knife which was hidden in the lungi and stabbed ’M’ on the right side of the chest. 0n witnessing the incident ’P’ was shocked and shouted at ’A’ as to why he was doing it. On hearing the shouts of “ P” people came in and apprehended ‘A’ on the spot. ‘M’ was taken to the hospital where he succumbed to the injury. As per ’D’ the doctor who conducted the post-mortem there was no other external injury except the stab injury caused by the knife. The injury was opined to be sufficient in the ordinary course of nature to cause death. After investigation a charge sheet is filed against ‘A’ for offence punishable under Section 302 IPC in view of the ocular evidence of ‘P’. ‘A’ took the defence of sudden and grave provocation.
Write a judgment acquitting/convicting ’A’ for the offence punishable under Section 302 IPC taking into consideration all legal and factual issues with discussion thereon citing statutory provisions and case law. [DJS 2011]
Q. 63. 9 persons put a house on fire at 9:00 pm. on 3rd July 2009 shouting slogans against the owner of the house for ravishing a woman on the previous night. ‘X’ a 20 year old person suffering from 40% physical disability, whose sister was ravished the night before, was standing with those nine persons. On a neighbor informing the police, the PCR van reaches the spot, while the other nine persons were bunting the house. ‘X’ saw the PCR van coming from a distance and thus Warned them. The nine persons putting the house on fire ran away. When the PCR van reached the spot ‘X’ was found.
Pass an order on charge relying on the relevant judgments and frame charge if any made out against ‘X’. [DJS 2011]
Q. 64. ‘A’ faced trial on the charges of committing the offences of culpable homicide not amounting to murder of seven persons and grievous hurt to eight persons who were sleeping on the pavement by the public road while recklessly driving his SUV on the public road endangering human life.
The prosecution relies on the following facts:
- In May 2012, a long stretch of Ring Road near Hanuman Mandir close to ISBT Kashmere Gate in Delhi was under repair. The labourers engaged by the contractor had put up sheds on the pavement along the road for temporary residence.
- ‘A’ lived in the area of Kashmere Gate and would travel to his workplace passing that area driving his own car on daily basis.
- On 12.05.2012, between 3.45 am. 4.00 a.m., ‘A’ was driving the car which ran into the pavement injuring fifteen persons sleeping inside the sheds and out of whom seven died on the spot.
- The injuries of one of the surviving victims included 5 cm x 5 cm deep and bleeding laceration over right front temporo-parietal region though with no bony injury, the other seven having escaped with bruises over limbs.
- ‘A’ was found to have consumed alcohol, having 90 mg liquor (ethyl alcohol) per 100 ml in his blood. A liquor bottle was recovered from the car.
- The evidence of the mechanical expert showed that there was no mechanical defect in the car.
In the trial, ‘A’ pleaded not guilty, though admitting in his statement that he was driving the car and also that the accident had occurred resulting in injuries. He claimed that the accident had occurred on account of failure of engine and mechanical defect of the car. The prosecution seeks finding of guilty.
The defence pleas are:
- The Charge was defective since the offences of culpable homicide and causing hurt by rash or negligent act were irreconcilable any mutually destructive;
- There was no mention in the charge of ’A’ being ”in drunken condition at the relevant time and so the evidence to such effect could not be relied upon;
- The chemical analyser’s report on blood sample was not put to ’A’ at the time of his statement and so such evidence could not be looked into;
- The injuries of all the eight survivors were simple in nature.
Decide after considering rival contentions of the parties, relevant legal provisions and decided cases. [DJS 2014]
Q. 65. Mohan sold a plot of land in village Bawana (Delhi) to Ramesh, claiming to be the owner and executed documents in the nature of agreement to sell, general power of attorney and will in favor of Ramesh, receiving a sum of Rupees Twenty Five Lakh as sale consideration. At the time of the transaction, there was a civil suit pending between Mohan and his brother Suresh about the title of the said plot of land. Mohan did not disclose this fact to Ramesh. Later, the civil suit was decided against Mohan declaring Suresh to be the owner entitled to the possession of the plot. In the execution of the decree, the possession of the plot of land was taken from Ramesh. Mohan refused to return the sale consideration to Ramesh, who being aggrieved then lodged complaint against Mohan at the local police station. After investigation, charge sheet was filed against Mohan for his prosecution for offence of cheating and forgery under sections 420, 423, 467, 468 & 471 IPC.
Mohan contests his prosecution claiming that it is a civil dispute, which is refuted by the prosecution on the ground that defence plea cannot be considered at the stage of framing of charge. Decide the question of framing of charge in the light of rival contentions, legal principles and case law. [DJS 2014]
Q. 66. Upon telephonic information received at PS Lajpat Nagar at 9 AM on 10-07-2015 that foul smell was emanating from house No. 292, Lajpat Nagar, Inspector Suri reached the house and found the main door locked. Breaking open the lock and entering the house, he found Sheila, the owner of the house, lying dead on the bed with clotted blood on her clothes and the bed sheet. A blood stained kitchen knife was lying on the bed. It was seized. The Crime Team was summoned but no chance prints could be lifted. The Cupboard in the bedroom was found ransacked. Neelam, the daughter of the deceased reached the house and informed Inspector Suri that Ram was the domestic servant engaged by the deceased and was given a servant quarter to reside on the roof of the house. Inspector Suri found the room on the roof empty. Ram had absconded. On Neelam’s statement, FIR for an offence punishable under Section 302 lPC and 308 IPC was registered. The dead body was sent to the mortuary. Post mortem conducted by Dr Sunil on the dead body of Sheila in the afternoon of 10-7-2015 revealed that likely time when Sheila died was around 10.00 PM on July 08, 2015 and there were eight bruise marks on both palms and forearms. There was one stab wound on the chest. Internal examination revealed that the left ventrical of the heart had been pierced and death was on account of shock due to haemorrhage. Dr. Sunil opined later on that the knife Seized by Inspector Suri could have caused the stab wound. During investigation, Chaman, a Vegetable vendor in the colony, told Inspector Suri that one Shyam, a carpenter, used to frequent the house and he had seen Ram and Shyam talking secretively in the market for the last few days. Tracking Shyam, Inspector Suri reached the slum cluster in Lajpat Nagar where Chet Ram and Brahm Prakash who were residing in the slum cluster told him that one Raju, a mechanic, used to frequent the jhuggi of Shyam and was seen by them discussing something secretively with Shyam on 07.07.2015 and late afternoon of 08.07.2015. Their statements were recorded by Inspector Suri. Tracking Ram and Shyam, Inspector Suri apprehend the two on 15.07.2015. On their personal search a mobile phone from each was recovered. Mobile number of Ram was 9879898710 and that of Shyam was 9890768592. The two made a confessional statement admitting to the crime and informed that one Sanju was also a participant in the crime and that the stolen jewellary was in the jhuggi of Sanju. The two took Inspector Suri to the slum cluster in Bhopal and jointly pointed the jhuggi of Sanju who was apprehended from the jhuggi and made a disclosure statement confessing to the crime and said that the stolen jewellery was put by him in a bag which he had kept with his friend Mohan for safe custody. He took Inspector Suri to village Barthal where one Govind Ram was associated in further investigation by Inspector Suri, in whose presence Sanju pointed out a house as that of Mohan. Mohan was present in his house and handed over to Inspector Suri a bag, stating that it was left with him by Sanju. From the bag 4 gold bangles, 2 gold chains, 2 gold pendants and 2 gold earrings were recovered. Champa. a domestic help working in adjoining house No. 293, Lajpat Nagar informed Inspector Suri that on 08.07.2015 at around 10.30 PM when she was going to the market to buy vegetables, she had seen Shyam walking away from the house of the deceased be very perturbed condition and when she asked him why was he disturbed, Shyam said that Ram had fought with Sheila and therefore he was disturbed. She further informed that around 10.45 PM when she was returning she saw Ram, Rain and Sanju outside Sheila’s house. Her statement to this effect was recorded by Inspector Suri. Thereafter Inspector Suri obtained the call detail records of the mobile phones of Ram and Shyam which showed that Ram and Shyam not only Spoke to each other repeatedly from days two days prior to 08.07.2015 till around 11.00 PM. Johri Mal, a jeweller, gave his bill book to inspector Suri which showed that on different dates he had sold jewellery which he used to sell had JM embossed thereon. No TIP of the jewellery was conducted. Ram, Shyam, Raju, Sanju and Mohan were not subjected to any TIP either.
Ram, Shyam, Raju, Sanju and Mohan were sent for trial and charged for the offence of entering into conspiracy to murder Sheila and commit dacoity.
At the trial the witnesses deposed as per their statements made to Inspector Suri with the admission by Neelam that she did not participate in any TIP proceedings concerning the jewellery and identification of Ram. Champa also admitted that she was not called upon to participate in any TIP proceedings concerning Ram, Shyam, Rain and Sanju. The CDRs of mobile numbers 9879898710 and 9890768592 were tendered by Inspector Suri who deposed to prove the facts which surfaced during the investigation and the recoveries made.
Listing the incriminating evidence against all five accused, decide whether the charge has been established or whether against all or some a lesser offence is made out, for which reasons be stated. Which provisions of the Indian Evidence Act, 1872 would be applicable to discuss the evidence be brought out clearly, especially concerning Sheila’s death the argument that a kitchen knife was used as the weapon of offence with only one stab blow given and therefore the act which resulted in Sheila’s death would at best constitute the offence punishable under Section 304-11 IPC. [DJS 2015]
Q. 67. At an upmarket cinema hall, a full house was enjoying the screening of a new film. Unknown to them, a transformer belonging to the electricity company caught fire. The oil leaked and the fire spread and two cars parked immediately adjoining the transformer caught fire and then other cars parked nearby also were engulfed in flames. Soon, fire and noxious fumes from the burning oil, petrol, diesel, upholstery and other materials stored in the parking lot, spread in the area. As the ground floor parking was enclosed by walls, due to the chimney effect, the fumes moved upward and through the air conditioning ducts, entered the theatre hall. The noxious fumes and smoke stagnated at the upper portion of the balcony. Due to the fire there was electricity failure in the hall. People started groping their way to the exit as the only available exit was at the back of the hall. The exit to the foyer was closed and no one could use the staircase 59 people died due to asphyxiation in the balcony and passageway by inhaling the noxious fumes and smoke. 103 persons were also injured trying to get out.
An FIR was lodged at the local police station mad the investigations handed over to the CBI. During investigations the following facts were revealed:
- There were violations of the building bye laws and the Cinematograph Act 1952 and Rules by changes in the seating arrangements, by closing one exit and narrowing the gangway to add 50 more seats and an owners’ box, leaving only one exit at the back of the hall, at the far end of the balcony;
- The owners had allowed illegal parking in front of the transformer room against the requirement of keeping clear access to the transformer room and thus allowing 35 cars to be parked in an area where only 15 cars were permitted in order to leave adequate space for maneuvering;
- The owners had been allowed a parapet wall of three feet height around the parking area but they raised 12 feet high walls, thus converting the parking into an enclosed area, which prevented the disbursal of the noxious fumes in the air over the ground floor and instead moved upwards into the hall;
- The MCD gave NOC for grant of license to the cinema hall despite these vim of the building bye laws;
- Fire clearance was given despite an initial report recording that there were inadequate the safety measures, including only one exit and reduced gangway passage;
- The electricity company had attended a fault, only a few hours before the unfortunate incident, when three cables of the same transformer had got burnt and repairs were conducted by accused I, J & K by replacing three sockets using the dye and hammer instead of the crimping machine and the loose connections resulted in sparking and the fire;
- The transformer was itself built in violation of safety norms inasmuch as there n neither a platform built for it nor was a soak pit provided to prevent any leak “ hot oil to the neighbouring areas;
- The main foyer door was locked from the outside by the gatekeeper;
- Due to the absence of the soak pit, the unauthorized parking, the closing of the main foyer door from outside by the gatekeeper, the closing of exit doors to create additional seating and owner’s box, narrowing of gangway to place more seats and leaving only a single exit at the back of the hall, when the noxious fumes moved upwards into the hall, people were unable to move smoothly out of the hall to save their lives;
- Each violation of the law contributed to the loss of lives and to the injuries sustain! by the theatre goers.
A charge sheet was filed against 16 persons under various sections including under Section 304, Part II, [PC before the Daqa Magistrate. The Magistrate summed it accused and committed the case to the Sessions Court for trial. These 16 accused are: - A&B are the owners of the cinema hall;
- C & D are the Director of the cinema hall;
- E, F & G are the managers of the cinema hall;
- H is the gatekeeper of the cinema hall;
- I, J, K are responsible officers of the electricity company;
- L & M are officer of the Delhi Fire Service;
- N, O & P are officers of the Municipal Corporation of Delhi.
Draw up a reasoned order on the charges to be framed against the accused. [DJS 2015]
Q. 68. ‘X’ a petty hawker engaged in selling pens and sundry items at I.S.B.T. is produced before you by the police on 11.10.99 on the allegations that he was arrested on the previous day i.e. 10.10.99 in case F.I.R. 301/99 Police Station Kashmeri Gate under section 379 1.P.C. relating to pick pocket of a passenger P, who arrived at I.S.B.T. on the night intervening 06.10.99 and 07.10.99; a cash amounting to Rs. 300/-, ball-pens numbering about four dozen and several key rings were recovered from the personal search of ’X’. ’X’ during course of interrogation confessed to have picked the pocket of a passenger on the night of 06.10.99 and 07.10.99 and could get recovered the stolen purse, Identity Card of the passenger and a part of the cash from the house of his sister in Mangolpuri.
Police prayed that ‘X’ be given in police custody for two days to enable them to effect the recovery of the stolen articles and complete the investigation. On the other hand a plea for the release of ‘X’ on bail was made on the ground that he is innocent and police has falsely implicated him in the theft case and he never made any confession about the incident of theft. Case diaries produced before you showed the factum of arrest of ‘X’ on 10.10.99, his interrogation but their existed no confession of ‘X’. Decide the prayer of police and the plea of ‘X’. [DJS 1999]
Q. 69. Veena was found dead near Delhi Railway Station on 5th January, 1975 at 6 A.M. Autopsy reveled that the death was by strangulation. Acting on secret information police apprehended A,B and C, residents of Colaba Bombay on 7th March, 1975. During house search Rs. 2100/were recovered from A, Rs. 1900/-from B, and Rs. 1000/and gold necklace from C. A described that he alongwith I and C had left Bombay on 2nd january, 1975, by Frontier Mall and stayed at Hotel Blue, Delhi on 3rd, 4th md 5th ad that entry was made In fictitious names and signed by all the three. Hotel register (attaining signed entry was seized by police. B became approve: and his statement was mottled under section 164 Cr.P.C. Besides medical evidence there b evidence of Veem’s daughter who identifies the gold necklace to be the same her mother was wearing ltd says that her mother was carrying Rs. 6,000/and evidence of handwriting expert that hotel entry is in the hand of A and bears signatures of A, B and C.
Objection raised by defence are:
- approver’s evidence is tainted,
- house searches are illegal as public witnesses did not belong to Colaba and
- disclosure statement is inadmissible.
Please write short judgment. [DJS 1976]
UTTAR PRADESH JUDICIAL SERVICE
PRELIMINARY (S. 1-5)
Q. 1. Write a short note on Judicial Proceeding. (UPJS 2012)
Q. 2. Can a offence committed within the State of Jammu and Kashmir be considered under provisions of Code of Criminal Procedure as an offence committed outside in India? Answer the reasons. (UPJS 2012)
POWER OF COURT (S. 26-35)
Q. 1. What sentences can be passed by Magistrate in Criminal Cases? (UPJS 1984)
Q. 2. Discuss the jurisdiction of Courts in cases of juveniles as provided under the Criminal Procedural Code, 1973. (UPJS 2006)
Q. 3. Explain the law under the Criminal procedure Code, 1973 relating to sentence in cases of conviction of several offences at a trial. (UPJS 2006)
AID TO THE MAGISTRATE AND THE POLICE (S. 37-40)
Q. 1. What are the provisions regarding search by a police under the Criminal Procedural Code, 1973? Explain. (UPJS 1992)
ARREST OF PERSON (S. 41-60A)
Q. 1. Briefly describe the circumstances where under a police officer, a private person and a magistrate may arrest a person without warrant. [UPJS 1997]
Q. 2. In what circumstances may a police officer arrest a person without an order from magistrate and without a warrant? Can an arrest be made by persons other than a police officer? Explain and illustrate. (UPJS 2000)
Q. 3. When a Magistrate arrests a person without a warrant, is he required to inform the person arrested, of the grounds for such arrest? If so, under which provision of Criminal Procedure Code? Explain. [UPJS 2012]
Q. 4. Which property may be seized by a police officer, without the courts order? Describe the procedure to be followed by such officer, after such seizure. [UPJS 2013]
Q. 5. Can a police officer during investigation seize any property without the court? Describe the procedure to be followed by the officer after seizure of such property. [UPJS 2016]
Q. 6. In what circumstances may a police officer arrest a person without an order a magistrate an other than a police officer in any circumstance illustrate. [UPJS 1987]
SUMMONS (S. 61-69)
Q. 1. How summons is served on government servant? [UPJS 2012]
Q. 1. What is the procedure to be followed in executing a warrant beyond the jurisdiction of Court which issued it? [UPJS 2015]
PROCLAMATION AND ATTACHMENT (S. 82-86)
Q. 1. When the warrant against an accused is not executed, what is the next step for compelling his appearance before the Court? [UPJS 2015]
OTHER RULES REGARDING PROCESS (S. 87-90)
Q.1 When can warrant be issued by a court in lieu of summons? [UPJS 1992, 2003]
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR (S. 106-124)
Q. 1. Under what circumstances can a Magistrate demand security for good behaviour? [UPJS 1986]
Q. 2. In what circumstances and in respect to which offences a Sessions Court Judicial Magistrate may order for obtaining security for keeping peace from a person? [UPJS 2013]
Q. 3. In what circumstances and in respect to which offences after conviction in the case, a Session Court or a Judicial Magistrate may order for obtaining security for keeping peace from the convicted person? Describe. [UPJS 2016]
MAINTENANCE (S. 125-128)
Q. 1. Describe the law and procedure for maintenance of wife, children and parents in Cr.P.C. (UPJS 1988)
Q. 2. Under what circumstances can a wife claim maintenance from her husband? Is a married women entitled to claim maintenance from her father? (UPJS 2012)
Q. 3. Discuss the provision related to maintenance of wife, children and parents under the code of criminal procedure. (UPJS 2015)
Q. 4. Solve the following problems by referring to relevant law:
A muslim husband W contracts a second marriage. His first wife Z claim separate residence and maintenance under the criminal procedural code. W pleads defence of his personal law which permits him to take more than one wife. Decide. (UPJS 2016)
URGENT CASES OF NUISANCE AND APPREHENDED DANGER (S. 144-148)
Q. 1. 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 immoral 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 being to prevent breach of peace and maintain tranquillity? Refer to cases. (UPJS 1982)
Q. 2. Give a brief account of the procedure to be adopted under Section 145 Code of Criminal procedure regarding the disputes relating to immoveable property. (UPJS 1985)
Q. 3. Give a short account of the procedure to be followed under Section 145 Code of Criminal procedure regarding the disputes relating to immoveable property. (UPJS 2012)
F.I.R. & INVESTIGATION (S. 154-176)
Q. 1. Are statements made to a police officer during the course of investigation admissible in evidence? If so, for what purposes? (UPJS 1984)
Q. 2. Who can record the confession of an accused? What precautions should be taken by him in recording the confession? (UPJS 1984)
Q. 3. Distinguish between Police Report and First Information Report. (UPJS 1988)
Q. 4. Explain ‘judicial custody’? Is there any period of time fixed for detaining the accused in judicial custody. (UPJS 1988)
Q. 5. What are the provisions under Criminal Procedure Code for the investigation which is not completed within 24 hours? (UPJS 1992)
Q. 6. State the law of “remand” prescribed in Section 167 of the Code of Criminal Procedure, 1973. (UPJS 1997)
Q. 7. Referring to statutory provisions, discuss the validity of the following:
Where investigation cannot be completed within 24 hours, the police officer produces the accused before an executive magistrate upon whom the power of a Judicial Magistrate has been conferred. Such Magistrate remands the accused to 10 days police custody. (UPJS 1999)
Q. 8. What is First Information Report? What is its evidentiary value? (UPJS 2000)
Q. 9. Discuss the procedure of investigation by Police in cases of suicide or suspected death of victims. (UPJS 2006)
Q. 10. Answer with reasons:
An incident of murder happens under the jurisdiction of a Police Thana. The Police Thana in-charge starts investigation in the case. The aggrieved party approaches the concerned Judicial Magistrate to complain against the irregularities being committed by the Police Thana in charge during investigation. Can Magistrate order to stop investigation? If, yes, when can he do so? (UPJS 2006)
Q. 11. Discuss briefly the distinction between the procedure of investigation by a police Officer in cognizable and non-cognizable offences. (UPJS 2013)
Q. 12. 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. (UPJS 2016)
Q. 13. Mention the situation in which release on bail on an accused in custody is mandatory
under Criminal Procedure Code. (UPJS 2016)
Q. 14. (a) What are the reasons for providing different procedure for trial of warrant cases instituted on police report and cases instituted otherwise than on police report by Magistrate? Discuss.
(b) Point out difference between trial procedure provided for warrant cases instituted on police report and that provided for cases instituted otherwise than on police report. (UPJS 1999)
JURISDICTION OF COURT IN INQUIRIES AND TRIAL (S. 177-189)
Q. 1. “Every offence shall ordinarily be inquired into and tried by court within the local limits of whose jurisdiction it was committed.” (UPJS 1983)
Q. 2. Examine the rule contained in Section 177 of the Code of Criminal Procedure 1973 that “Every offence shall ordinarily be inquired into and tried by a court within house loca jurisdiction it was committed.” (UPJS 1997)
COGNIZANCE OF OFFENCE (S. 190-199)
Q. 1. Under what conditions a magistrate can take cognizance of the offence. (UPJS 1988)
Q. 2. Discuss the prosecution process of offences by Magistrate? As provided under Criminal Procedure Code, 1973. (UPJS 2006)
Q. 3. What is meant by taking cognizance of an offence by Magistrate? Under what circumstances can a Magistrate take cognizance of an offence? (UPJS 2012)
Q. 4. Is the Magistrate bound to take cognizance of an offence on the basis of the final report filed by the police under Section 173(2) of Cr.P.C.? Is there any restriction for taking such cognizance? Discuss with case law. (UPJS 2015)
Q. 5. Discuss the prosecution process of offences against marriage as provided under the Criminal Procedure Code, 1973. (UPJS 2016)
COMPLAINT PROCEEDING (S. 200-210)
Q. 1. Decide the legality of the following proceedings:-
A Magistrate, taking cognizance of petty offence under the Motor Vehicles Act, 1939 issues a special summons, against the accused, under Section 206 of the Code of Criminal Procedure, 1973. (UPJS 1997)
Q. 2. Describe briefly the procedure of trial by a Magistrate in complaint cases. (UPJS 2013)
Q. 3. A police investigation officer, while investigating cognizable offence Concluded that only a non-cognizable offence was committed and accordingly submits his report before the Magistrate after completion of investigation. What course shall the Magistrate adopt? (UPJS 2015)
Q. 4. Describe briefly the procedure to be adopted by a Magistrate in complaint cases. (UPJS 2016)
FORM OF CHARGES AND JOINDER OF CHARGES AND EFFECT OF DEFECTIVE CHARGE (S. 211-224)
Q. 1. ‘For every distinct offence of which a man is accused, there shall be a separate charge and every such charge shall be tried separately.’ (UPJS 1986)
Q. 2. (a) What should be described in a ‘charge’? (UPJS 1988)
Q. 3. (a) Define ‘charge’ and enumerate the contents of charge.
(b) Is a defective “charge” necessarily fatal to conviction?
(c) Can a court alter “charge”? If so, how and up to what stage?
(d) What are the cases in which an accused person may be convicted of an offence which is not specified in the charge sheet on which he has been tried? (UPJS 1992)
Q. 4. A is charged with murdering Haider Baksh on 20th January, 1997 and Khoda Baksh on 21st January, 1997. When charged for the murder of Haidar Bakhsh he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haider Baksh. A is convicted by the Court. A challenges the said conviction the ground of error in the charge. Decide. (UPJS 1997)
Q. 5. Define charge, “For each offence there must be a separate charge.” Discuss this statement. (UPJS 2000)
Q. 6. (a) Define “charge” and enumerate the contents of charge.
(b) Is a defective charge necessarily fatal to conviction?
(c) Can a court alter charge? If so, how and up to what stage?
(d) What are the cases in which an accused person may be convicted of an offence which is not specified in the charge sheet on which he has been tried? (UPJS 2003)
Q. 7. Answer with reasons:
- In a case Additional Sessions Judge framed charges against accused who were six in number under Section 149 and Section 395 of the Indian Penal Code, 1860-for committing dacoity. Has the charge been properly framed? Explain.
- ‘A’ is charged under Section 242 of the Indian Penal Code, 1860 with “having been in possession of counterfeit coins, having known at the time when he became possessed hereof that such coins were counterfeit.” The word “fraudulently” being omitted in the charge. When can this omission be deemed to a material error? (UPJS 2006)
Q. 8. ‘A’ is accused of obstructing ‘B’, a public servant, in the discharge of his public functions as a given time and place. Whether the charge should set out the manner in which ‘A’ obstructed ‘B’ in the discharge of his functions? Give answer with reason. (UPJS 2012)
Q. 9. ‘B’ is tried for causing grievous hurt to ‘A’ and convicted. While ‘B’ was undergoing his sentence in jail. ‘A’ dies on account of the aforesaid grievous hurt.
Whether the aforesaid case may be re-opened or ‘B’ may be tried again on a second case for causing culpable homicide? Reply with the help of provisions and leading cases.
Q. 10. (a) “For every distinct offence, of which any person is accused there shall be separate charge and every such charge shall be tried separately.” Discuss. Are there any exceptions to this rule?
(b) ‘A’ committed theft at the house of ‘B’ on 28 August, 2015 and committed second theft on the same date at the house of ‘C’ and again committed theft at the house of ‘D’ on 30 August, 2015. Can he be prosecuted for all three offences in one trail? Discuss with reasons. (UPJS 2015)
SESSION TRIAL (S. 225-237)
Q. 1. Narrate in brief the procedure for Sessions trial. (UPJS 1986)
WARRANT TRIAL (S. 238-250)
Q. 1. Give a brief account of general provisions of trial in warrant cases as contained as Criminal Procedure Code? (UPJS 1984)
Q. 2. Describe the procedure of trial of Warrant cases instituted on police report. (UPJS 1991)
Q. 3. Give a brief account of General provisions of trial in warrant cases as contained in Code of Criminal Procedure. (UPJS 2012)
SUMMONS TRIAL (S. 251-259)
Q. 1. What is the effect of non-appearance or death of complaint in a trial of summons cases by magistrate? (UPJS 1984, 2012)
Q. 2. Give a brief account of the procedure to be observe by the Magistrate in the trial of summons case. (UPJS 1985)
Q. 3. Who can withdraw the complaint and what is its effect? (UPJS 1985)
Q. 4. In the trial of warrant case proceedings have been instituted upon complaint. On the date fixed for the hearing, the complainant remains absent. What order can be passed by the Magistrate? (UPJS 1985)
Q. 5. Referring to statutory provisions, discuss the validity of the following:
If accused desires to plead guilty, Magistrate issue a special summon specifying rupees one hundred and fifty as fine. (UPJS 1999)
Q. 6. Explain clearly the distinction in trials between summons case and warrant case. (UPJS 2006)
SUMMARY TRIAL (S. 260-265)
Q. 1. (a) What are the objects of summary trials? What offences may be summarily tried and by whom? Give a brief account of general provisions of summary trial as contained in the Criminal Procedure Code.
(b) The owner of a flour mill is prosecuted for public nuisance for starting the mill in a residential locality. If the result of the trial would have the effect, in case of conviction, of compelling him to permanently close down his business, will the summary trial be desirable? Give reasons for your answer and refer to cases. (UPJS 1982)
Q. 2. What do you understand by “summary trial”. What offences may be tried summarily and by whom? (UPJS 1987, 2000, 2012)
Q. 3. Referring to statutory provisions, discuss the validity of the following:
A Magistrate in a summary trial proceeding on conviction passes sentence order for 4 month’s imprisonment. (UPJS 1999)
Q. 4. Explain the nature and procedure of summary trial. ‘A’ commits theft by stealing property of ‘B’ worth Rs. 500. Can this offence be tried summarily? (UPJS 2015)
Q. 5. Explain clearly the distinction in trials between summons case and warrant case. (UPJS 2016)
PLEA BARGAINING (S. 265A-265L)
Q. 1. What is plea bargaining? Briefly describe its procedure. Whether these provisions apply in respect of all types of offences and all types of victims? (UPJS 2013)
Q. 2. What is plea bargaining? Briefly describe its procedure. Whether these provisions apply in respect of all types of offences? Can victim of crime make any objection against this bargaining? Explain. (UPJS 2016)
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
DOUBLE JEOPARDY & FREE LEGAL AID (S. 300-327)
Q. 1. In a complaint case, the complainant of a date fixed is absent. Counsel for the accused urged that the complaint be dismissed and the accused acquitted, Counsel for the complainant contends however that there was nothing to be done as summons for the doctor, for whose evidence, the date was fixed, had not been issued by the office of the court despite deposit of process-fee by complainant and therefore the case be adjourned to some other date. Decide. (UPJS 1991)
Q. 2. An accused was acquitted due to lack of evidence. He was given prosecuted for the same offence, additional evidence was supplied and he was convicted by the Magistrate. Examine the legality of the order. (UPJS 1991)
Q. 3. Section 300 of the Criminal Procedure Code provides that a person once convicted or acquitted is not to be tried again for the same offence. What shall be the correct position in the following cases?
- ‘A’ is tried for causing grievous hurt and convicted. The person injured afterwards dies.
- A is tried for culpable homicide of ‘B’, by the Sessions Court and is convicted. Can ‘A’ be tried again on the same facts for the murder of ‘B’? (UPJS 2006)
COMPOUNDING OF OFFENCE
Q. 1. A commits an offence of publishing defamatory matter against B and is tried under Sectiom 501 of the Indian Penal Code, 1860. B dies during the trial. A wants to compound the offence. Advise. (UPJS 1997)
APPEALS (S. 372-394)
Q. 1. (a) No appeal lies in petty offences. What are petty offences according to Cr.P.C.
(b) Is the State government entitled to file appeal against the order of acquittal of the accused? What is its procedure? (UPJS 1988)
Q. 2. A first class Judicial Magistrate convicts an accused and fines ten rupees only. Accused wants to go in appeal. Advise. (UPJS 1991)
Q. 3. A is tried by a Court of Session and he is convicted. The Court Passes a sentence of imprisonment for 2 months and Rs. 200 as fine. A wants to file an appeal in the High Court against his conviction. Advise. (UPJS 1997)
Q. 1. What are the grounds of Revision according to Criminal Procedure Code? (UPJS 1988)
BAIL & BAIL BONDS (S. 436-450)
Q. 1. (a) Give a critical account of the broad principles regarding grant of bail in criminal cases. Can a bail be demanded as a matter of right?
(b) Under what circumstances a bail can be cancelled? Illustrate your answer.
(c) Necessity for granting anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false cases for the purpose of disgracing them or for other purposes by getting them detained in jail for some days. In recent times, with the accentuation of political rivalry, this Pendency is showing signs of steady increase. Apart from false cases, there reasonable grounds for holding that a person accused of an offence is not likely to abscond, or otherwise misuse his liberty while on bail, there seems no jurisdiction to require him first the submit to custody, remain in prison for some days and them apply for bail.”
In the light of the above observation discuss the provisions of the Criminal Procedure Code, 1973 for the grant of an anticipatory bail. (UPJS 1983)
Q. 2. When can bail be granted in case of a non-bailable offence? Can bail be granted subject to conditions? (UPJS 1986)
Q. 3. (a) Narrate in brief the principles regarding grant of bail in criminal cases. Can a bail be claimed as a matter of right?
(b) Under what circumstances a bail can be rejected or cancelled? Illustrate your answer. (UPJS 1987)
Q. 4. The Chief Judicial Magistrate of Allahabad granted anticipatory bail to an M.L.A. as he was apprehending arrest in murder case and necessary directions. Examine the validity of the order. (UPJS 1991)
Q. 5. Describe the powers of a court to take bond for appearance from a person who is present before the court and for whose appearance such court is empowered to issue summons or warrant.
Can a person who has filed a bond be arrested? If so, under what circumstances? (UPJS 1992)
Q. 6. Referring to statutory provisions, discuss the validity of the following:-
A person arrested on accusation of bailable offence is not released on bail by the police-officer, though the person is ready to furnish bail. (UPJS 1999)
Q. 7. When can granted bail in case of non-bailable offence? Can bail be granted subject to conditions? (UPJS 2000)
Q. 8. (a) Can a court take a bond for appearance of a person who is present in the court?
Discuss with reference to statutory provisions.
(b) Can a person who has filed a bond be arrested? If so, under what circumstances? (UPJS 2003)
Q. 9. Whether it is compulsory to release an accused on bail in bailable offences? When bail may be taken in case of non-bailable offences? What conditions may be imposed by the court upon such bail? (UPJS 2013)
Q. 10. Under the Code of Criminal Procedure, 1973, Section 2, how are bailable and non-bailable offences distinguished? Under what circumstances of Section 437 of the Code, bail may be given in case of non-bailable offence? Discuss in brief. (UPJS 2016)
IRREGULAR PROCEEDINGS (S. 460-466)
Q. 1. A Magistrate, who is not empowered, erroneously and in good faith, orders the police officer to investigate into non-cognizable case. (UPJS 2012)
MISCELLANEOUS / PRACTICAL QUESTIONS
JUDGMENT WRITING/FRAMING OF CHARGE
Q. 1. Write a judgement convicting the accused for an offence under Section 420 Indian Penal Code (cheating and dishonestly inducing delivery of property) after framing appropriate charge for the offence.[UPJS 1982]
Q. 2. Write a judgement convicting the accused for an offence under Section 500 of the Indian Penal Code (Defamation) after framing appropriate charge for the offence. [UPIS 1982]
Q. 3. Write a Judgment convicting the accused for an offence under Section 25 IPC [voluntarily causing grievous hurt] after framing appropriate charge for the offence.
Q. 4. Write judgment convicting the accused for offence under Section 304-A Indian Penal Code (causing death of a person by rash of negligent driving of his car his act not amounting to culpable homicide) after framing appropriate charge for the offence. [UPJS 1985]
Q. 5. Write judgment convicting the accused for offence under section 307 of the Indian Penal code (Attempt to murder) after framing appropriate charge for the offence. [UPJS 1986]
Q. 6. (a) Illustrate and distinguish between: [UPJS 1986]
1. Cognizable offence and non-cognizable offence;
2. Boilable and non-boilable offence;
3. Summons case and warrant case;
4. Enquiry and trial.
Q. 7. Write a judgement convicting accused A and B under section 302/34 of the IPC. Draft a charge of the above offence. [UPJS 1988]
Q. 8. (a) ‘A’ is prosecuted for having stolen a cycle from the house of ‘B’. Frame charge of theft against ‘A’.
(b) In the above case in question 17(a) the cycle was subsequently recovered by the police from the possession of ‘A’ and was identified by ‘B’ and one of his colleagues.
‘A’ alleges that he is being falsely implicated due to enmity with the police and the cycle recovered was his own. No further evidence was pronounced in defence. On the above facts, Write a judgment deciding the case. [UPJS 1991]
Q. 9. Distinguish between:
Inquiry and Investigation [UPJS 1991]
Q. 10. Distinguish between
Acquittal and discharge [UPJS 1991, HJS 1988, 2000]
Q. 11. Distinguish between:
Complaint and First Information Report.
Q. 12. A young man of considerable means, A, developed friendship with a young girl , of ordinary family living in his neighbourhood. The girl’s mother had died and daughter usually had to go to his fields for working during the whole day. The girl gave birth to an illegitimate son from above mentioned young man. Before the illegitimate son was born there was a proposal of marriage by the girl’s father. The young man declined the offer of marriage and also refused to maintain them. On the basis of the above facts write a judgement in the case.[UPJS 1991]
Q. 13. (a) On 15.3.1997 at Kanpur-airport a custom officer conducted search of Jai Prakash Juneja and recovered some pieces of metal from his possession. For the examination of the aid metal an un-educated but experienced gold-smith was invited who opined that the said metal is gold. Consequently, the gold is confiscated and the matter is referred to the Court for trail.
The accused defends himself on the grounds that: (1) the proceedings and confiscation by the custom officer was prosecution and hence he cannot be prosecuted in the Court and (2) the gold-smith who examined the metal was not a competent expert. Frame charge against the accused in this matter.
b) On the basis of the facts given in part (a) write a judgment deciding the case (UPJS 1997)
Q. 14. Decide the legality of the following proceedings
(i) The publication of a newspaper containing material punishable under Section 124-A and sec 153 A of the Indian Penal Code, 1860, is prohibited by the State Govenment. The editor, to set-aside the order of the Government submits application before the High Court. The High Court consists of 10 judges but them matter is decided by a Bench of 2 Judges [UPJS 1997]
Q. 15. On complaint made by C, a Court of session takes cognizance of the offence under subsection (2) of section 199 of the criminal procedure code, 1973 and tries the accused. The Court finds that there was no reasonable cause for making the accusation and hence orders C to pay Rs. 2500 to the accused by way of compensation. C challenges the said order. Decide. [UPJS 1997]
Q. 16. ‘M’ was married with ‘A’ in April 1996. His mother B’ were torturing Smt. ‘M’ as she did not bring sufficient dowry at the time of marriage. Money and valuable things aware sent to Smt. ‘M’ by her father at several times but ‘A’ and ‘B’ were not satisfied.
Smt. ‘M’ was not given food for many days. On 28.1.99. ‘A’ and ‘B’ planned to kill ‘M’. When ‘M’ was preparing tea, her mother-in-law B poured kerosene oil u[pon her and ‘A’ threw a burning match-stick upon her and closed the door of the kitchen. Thereafter ‘A’ and “B’ started shouting that M’ is dead due to burns. Some of the neighbors informed the police about the incident. Police sent the dead body for post-mortem and after investigation submitted a charge-sheet against A and “B under section 304-B, IPC for the offence of dowry-death. In the light of above facts, prepare charge and write a judgement of conviction. [UPJS 1999]
Q. 17. ‘A’ went to attend a dinner hosted by his business competitor ‘B’. During the dinner ‘B’ complained that somebody had stolen diamond necklace of his wife. Police was called and every-body was searched. The diamond necklace was recovered from the possession of ‘A’ during search made by the police in presence of other guests. ‘A’ alleges that he is being falsely implicated by ‘B’ due enmity by putting this necklace into his coat without his knowledge. In the light of above facts frame charge and write a judgment of conviction. [UPJS 2000]
Q. 18. A young man of considerable means, ‘A’ developed friendship with a young girl ‘B’ of ordinary family living in his neighbourhood. The girl’s mother had died and father usually had to go to his fields for working during the whole day. The girl gave birth to an illegitimate son from the above mentioned young man declined the offer of marriage and also refused to maintain them. On the basis of the above facts write a judgment in the case. [UPJS 2003]
Q. 19. Referring to statutory provisions, discuss the validity of the following:
- Where investigation cannot be completed within 24 hours, the police officer produces the accused before an Executive Magistrate upon whom the power of a Judicial Magistrate has been conferred. Such Magistrate remands the accused the accused to 10 days police custody.
- A Magistrate in a summary trial proceeding on conviction passes sentence order for 4 months imprisonment.
- A person arrested on accusation of bailable offence is not released on bail by the police officer though the person is ready to furnish bail
- For complaint against the accused without reasonable cause. Magistrate orders payment of compensation in favour of the accused. For default in payment compensation passes an order of sentence for 60 days imprisonment.
- Where accused desires to plead guilty. Magistrate issues a special summon specifying Rupees one hundred fifty as fine. [UPJS 2003]
Q. 20. On the advice of relations, Harish carried Mansi to his house. But after three months his parents again started misbehaving Mansi. Mansi had conveyed this information through letter to her father. This sort of misbehaviour, harassment and cruelty of Harish and his parents against Mansi continued till her last breath.
On July 4, 2004 night there was a quarrel between Harish and Mansi. On July 5, 2004 at about 11.00 a.m. when Mansi was working in kitchen Harish poured kerosene from a container upon Mansi and Harish’s mother threw a lighted matchstick upon her . After shutting the door of the kitchen they went away somewhere. After hearing the hearing the voice of weeping and crying of Mansi, some neighbours came there. Manu, a neighbour, opened the door. By that time Manse had burnt to a great extent and was lying unconscious. Manu informed the Police. Police with Manu took Manse to Government Hospital where doctors declared her dead. After investigation police submitted its report to concerned judicial magistrate against Harish and his parents under section 498-A/34 and 304-B/34 of I.P.C.
On the basis of the above facts write a judgement in the case. [UPJS 2006]
Q. 21. What is procedure of trial of offences committed by electronic media? [UPJS 2006)
Q. 22. Answer with reasons:
What is Judgement under the Criminal Procedure Code, 1973? What are the essentials to be shown in a Judgement? Discuss. [UPJS 2006]
Q. 23. ‘A’ with the intention of causing ‘B’ to be convicted of a criminal conspiracy writs a letter imitating “B’s” handwriting, preporting to be addressed to an accomplice in such criminal conspiracy and puts the letter is likely to search. On the basis of the facts stated above frame a charge and write a judgment of conviction [UPJS 2012]
Q. 24. On 23.10.2011 complainant Rahim filed an F.I.R. at police station Sarsawa, alleging that on 12.10.2011 at about 7 p.m. his minor daughter ‘Victim’ aged about 14 years had gone to the fields for stool with her younger sister Farzana. After some time Farzana returned home and told that two boys have forcibly taken away the ‘Victim’. Upon enquiry being made villagers Gayyur and Ashfaq told the complainant that Arif son of Ishaq Ali and Riyasat son of Farzand Ali, both residents of Village Tirpri, Raigarh had taken away plaintiff’s daughter on a motorcycle. A case was registered against Arif and Riyasat on the basis of plaintiff’s report at No. 248 of 211 under Sections 363 and 366 I.P.C. Investigation was conducted by sub-inspector T.P. Tiwari.
On 22.12.2011 the ‘Victim’ and Arif together were arrested from bus stand Nakur. In her statement under Section 161 Cr.PC, ‘Victim’ told that she had been repeatedly raped by Arif. On this basis offence under Section 376 I.P.C. was also added in the case. After medical examination ‘Victim’ was sent in the custody of her father. On completion of investigation chargesheet was filed in the Court of Chief Judicial Magistrate, Saharanpur Under Sections 363, 366 and 376 LP.C. The main defence of accused Arif was that the age of the girl was above 18 and that sexual intercourse was done with her consent. Riyasat denied his role in the matter.
On the basis of the facts stated above write a judgement of conviction. (UPJS 2013)
Q. 25. Describe briefly the major changes introduced in the Code of Criminal Procedure by the Criminal Law (Amendment) Act, 2013 (No. 13 of 2013) with special reference to certain offences against females. [UPJS 2013]
Q. 26. On 10.06.2014, Ram Kishan and his nephew Rajeev were going on a motorcycle carrying Rs. 1,50,000 with them in the dicky, for purchasing a piece of land. While they were near a farm in Gajraula, Jyotiba Phule Nagar District of Uttar Pradesh at around 10 A.M two accused persons-Ranjeet and Rajender came from behind in Maruti Car. They brandished country made pistol and asked them to stop and as they stopped, Ranjeet and Rajinder asked them to hand &ver the money. Ram Kishan and Rajeev handed over the key of the motorcycle to them. Ranjeet and Rajender took out the money from the dicky and sped away. Ram Kishan gave the information of this incident to ASI Akhilesh
Kumar whom he met on the way to the Police Station. On the basis of the information an FIR was registered at Gujraula Police Station.
Location of the mobile phones of Ranjeet and Rajender was traced near thimee place of crime on the date and time of incident. Recording of Closed Circuit camera showed that the Maruti Car used for crime passed and paid toll at NH24 toll booth situated at Gajurula half an hour before the incident. This car was registered in the name of accused Ranjeet. Ranjeet and Rajender also made confessional statement before the Investigation Officer and said that they have spent Rs. 94,000 out of the looted money and the remaining amount of Rs. 56,000 is lying at the house of Ranjeet. The amount of Rs. 56,000 was recovered from the house of Ranjeet.
Ranjeet and Rajender also made disclosure statement before the police therby alleging the role of two employees at the firm of Ram Kishan, Rajesh and Raman as the informers of the group and said that Rajesh and Raman had informed Ranjeet and Rajender of the fact that Ram Kishan is carrying the money in a motorcycle and that they could loot him. It is further alleged that they received a share of Rs. 10,000 each from the looters. Further, the evidence against Rajesh and
Police pursuant to which, allegedly, the police recovered Rs. 5,000 (Rajesh share left unspent) and Rs. 4,000 (Raman’s share left unspent) from them.
Ranjeet and Rajender denied having made any disclosure statement before the police and also denied the charge and stated that they were not present in Gajraula on the day of incident and pleaded that they did not commit the Robbery. During the trial Rajesh and Raman also denied having made the disclosure statement and pleaded false implication.
The accused were charge-sheeted for the offence punishable under Sections 120B, 392, 397 of the Indian Penal Code and Section 25 of the Arms Act. [UPJS 2015]
Q. 27. (a) On date 15.3.2014, a custom officer takes personal search of one Jai Prakash Narayan at Lucknow Airport . One metal has been recovered from his possession. One uneducated but experienced goldsmith has been called to examine the metal. After examining the recovered metal the goldsmith reveled the metal is gold. As a result the gold is seized and the matter has been produced before the court for trial. The accused puts forward his defence on the grounds that (i) the proceedings conducted by the custom officer and the seizure of gold was a prosecution therefore he cannot be put to another prosecution before the court and (ii) the goldsmith who examined the metal was not a qualified expert therefore proceeding was not lawful.
Prepare the draft of charge against the accused into the matter.
(b) On the basis of the facts in parts (a) decided the matter and give your judgment [UPJS 2016]
Q. 28. On the basis of decided cases, discuss briefly the distinction between the procedure of investigation by a police officer in cognizable and non-cognizable offences. Specially for the protection of woman against heinous crimes, what major amendments are made in the Criminal Procedure Code by the Criminal Law (Amendment) Act, 2013 (No. 13 of 2013)? Discuss in brief [UPJS 2016]
Q. 29. What is ‘judgment’ under the Criminal procedure Code, 1973? What are essentials to be incorporated in a judgment? Discuss [UPJS 2016]
BIHAR JUDICIAL SERVICE
POWER OF COURT (SEC 26-35)
Q. 1. A is convicted of three offences by a criminal court competent to try such offences and the court passes sentence of imprisonment in all three cases. Individually the court is competent to pass the sentence but the aggregate of them exceeds the punishment prescribed for any single offence.
Whether A need to be sent for trail to a higher court? State the law. (BJS 2014)
Q. 1. State to whom a warrant of arrest may be directed. Whether such a warrant may be directed to a person? Explain the circumstances and the law in this regard. [BJS 2014]
PREVENTIVE ACTION OF THE POLICE (S. 149-153)
Q.1. What is Preventive arrest? Whether and in what circumstances it is competent for a police officer to arrest a person without a warrant? Is it permissible to detail such person in police custody beyond twenty-four hours? (BJS 2014)
COGNIZANCE OF OFFENCE (S. 190-199)
Q. 1. According to law, no judge or magistrate or a public servant, not removable from his office save by or with the sanction of the government, accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, shall be tried for such offence except with the previous sanction of the Central or the State Government, as the case may be.
Whether taking or accepting illegal gratification is an act done in the discharge of the official duty for which such a sanction is necessary? (BJS 2014)
MADHYA PRADESH JUDICIAL SERVICE
POWER OF COURT (SEC 26-35)
Q. 1. An accused ‘A’ is trial for the offence punishable under Section 420, what maximum term of sentence of imprisonment executable, can be inflicted by Judicial Magistrate First Class. (MPJS 1998)
Q. 2. What are the provisions related to sentence of imprisonment in default of payment of fine and what is the maximum period of imprisonment in default of fine when the offence is punishable with fine only? (MPJS 2015)
MAINTENANCE (S. 125-128)
Q. 1. Write short note on Interim Maintenance. (MPJS 2009)
Q. 2. Write short notes on Ex – Parte maintenance Order. (MPJS 2010)
F.I.R. & INVESTIGATION (S. 154-176)
Q. 1. Describe the different orders that can be passed by Magistrates under Section 167 of Criminal Procedure Code 1973? (MPJS 2004)
Q. 2. What precautions should a Magistrate take in recording a confession under Section 164 of the Code? Whether the Court can convict an accused on confession made in the examination under Section 313? (MPJS 2009)
Q. 3. What is First Information Report? Discuss its evidentiary value and give one example on the basis of case law, in which the delay in lodging the FIR has been treated as insignificant. (MPJS 2011)
Q. 4. How to exercise the power of arrest? Explain duty of Judicial Magistrate in exercise of power under Section 167 Cr.PC. (MPJS 2014)
Q. 5. Write short notes on Investigation. (MPJS 2014)
JURISDICTION OF COURT IN INQUIRIES AND TRIAL (S. 177-189)
Q. 1. Describe briefly the rules governing territorial jurisdiction of criminal courts in inquiries and trials. (MPJS 2006)
Q. 2. Whether a finding or sentence of a criminal court can be set aside merely on the ground that such court did not have territorial jurisdiction for inquiry or trial? (MPJS 2007)
COGNIZANCE OF OFFENCE (S. 190-199)
Q. 1. What is the object of Section 197 of the Code? Which is the appropriate stage to consider the plea under Section 197? Also state the conditions for its operation. (MPJS 2010)
COMPLAINT PROCEEDING (S. 200-210)
Q. 1. What is the procedure for taking cognizance by a Magistrate of an offence on Complaint? Explain. (MPJS 2001)
Q. 2. “A” presents a complaint in a Court of Judicial Magistrate. What options are available to the Magistrate to deal with the complaint? Explain the procedure to be adopted, particularly when the offence is exclusively triable by Court of Sessions. (MPJS 2012)
FORM OF CHARGES AND JOINDER OF CHARGES AND EFFECT OF DEFECTIVE CHARGE (S. 211-224)
Q. 1. What powers has the criminal court to alter or add to a charge against an accused person? Whether after the commencement of trial if charge is altered or added, witnesses can be recalled? If yes, give reasons, if no give reasons. (MPJS 2003)
Q. 2. How charge is framed? When more than one offences may be charged together and what persons may be charged jointly? (MPJS 2012)
Q. 3. What is joinder of charges? What persons can be charged jointly? Explain. (MPJS 2014)
WARRANT TRIAL (S. 238-250)
Q. 1. Describe the procedure to be followed by a Judicial Magistrate in the trial of a warrant cases upon police report. (MPJS 1996)
Q. 2. Describe the trial procedure to be followed by Magistrate in warrant cases instituted on a police report and in warrant cases instituted otherwise than on police. (MPJS 2004)
Q. 3. Describe the procedure in respect of trial of warrant cases by magistrate instituted on a police report and instituted otherwise than on a police report. (MPJS 2007)
Q. 4. Explain the procedure for trial of a warrant case (by a Magistrate) instituted on a police report and instituted otherwise than on a police report. (MPJS 2013)
SUMMARY TRIAL (S. 260-265)
Q. 1. Point out the difference between procedure to be followed in trial of summary cases and warrant cases. (MPJS 2009)
PLEA BARGAINING (S. 265A-265L)
Q. 1. What is “Plea Bargaining” ? Covering all related issues, state in brief. (MPJS 2007)
Q. 2. Whether an appeal can lie against a judgement passed under the provisions of Section 265F Chapter XXI-A of Criminal Procedure Code? (MPJS 2007)
Q. 3. What is “Plea-Bargaining”? Discuss its scope and application. (MPJS 2015)
RECORDING OF EVIDENCE IN ABSENCE OF ACCUSED.
Q. 1. Write short notes on Recording of evidence in absence of accused. (MPJS 2012)
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
DOUBLE JEOPARDY & FREE LEGAL AID (S. 300-327)
Q. 1. Whether the Court of Sessions is competent to take cognizance of any offence directly against any person in the course of taking evidence who was previously not made accused? Explain with procedure? (MPJS 1998)
Q. 2. Describe the procedure when a magistrate cannot pass a sentence sufficiently severe. (MPJS 2003)
Q. 3. What is examination of accused? At what stage and for what purpose it is done? Under what circumstance and to what extent a conviction can be based on admission made during such examination. (MPJS 2011)
Q. 4. Write short note on Tender of pardon. (MPJS 2014)
COMPOUNDING OF OFFENCE
Q. 1. Discuss the provisions relating to compounding of offences. (MPJS 2013)
APPEALS (S. 372-394)
Q. 1. When can the State Government file an appeal against a sentence? (MPJS 2003)
Q. 2. Explain the powers of appellate Court in criminal matters. (MPJS 2006)
Q. 3. Whether a criminal appeal can be dismissed without considering merits on the ground of absence of appellant? (MPJS 2006)
REFERENCE (S. 395-396)
Q. 1. In case of sentence of death, who can submit the proceedings to High Court? What are the powers of High Court on reference? (MPJS 2001)
BAIL & BAIL BONDS (S. 436-450)
Q. 1. What do you understand by “Anticipatory Bail”? (MPJS 1996)
Q. 2. Which courts are competent to grant anticipatory bail? (MPJS 1996)
Q. 3. Which conditions can be imposed by court while granting anticipatory bail? (MPJS 1996)
MISCELLANEOUS / PRACTICAL QUESTIONS
JUDGMENT WRITING/FRAMING OF CHARGE
Q. 1. On the following facts, frame Charge against accused only ‘A’ and also write an Order of discharging accused ‘A’ of the offences/charges not made out against him. ‘M’ lodged the following First Information Report on 21st September 2010 at 9 p.m at Lordganj Police Station Jabalpur
I am a tenant of ‘G’ in the house no. 19 Azad Nagar Jabalpur since 1998. Landlord ‘G was pressurizing me for vacating the house for last 4 months. Today at about 8 p.m., ‘G along with ‘A’, ‘B’, ‘C’, ‘D’ entered into my house using filthy language. ‘A’ was having lathi in his hand. ‘B’ caught hold my hands from behind and ‘C’ beat me with fists and legs. My wife ‘S’ intervened to save me but she was pushed away by ‘A’, where upon she fell down. After hearing the noise, my father ‘K’ and mother I’ came out of their room but they were pushed back and were locked in their room by ‘D’. Then ‘A’, ‘B’,’C’, and D’ started throwing out the household items including TV etc. from my house. There after all of them left my house after giving a threat of causing my death if I would lodge a police report. In this incident my clothes were torn apart and two teeth were broken. My TV and other households items were also damaged causing a loss of about Rs. 1 lakh.
After investigation police Lordganj filed report in the Court of Judicial Magistrate First Class, Jabalpur against ‘A, ‘B’, ‘C, ‘D’ and ‘G’ under section 147, 148, 149, 452, 294 354, 323, 325, 342 and 506(II) of the Indian Penal Code. [MPJS 2010]
Q. 2. Write a judgment on the basis of allegations and evidence given hereunder after framing charge u/s 324 of 1.Р.С. analyzing the evidence, keeping in mind the relevant provisions of the concerning law.
PROSECUTION CASE
On 25.6.2008 at about 14.50 o’clock Smt. ‘A’ lodged a first information report in police station Lordganj, Jabalpur to the effect that she has a shop named the New Jabalpur Garments in Ganjipura, Jabalpur. At about 2.30 p.m. a customer came in front of her shop and as he was parking the Scooty the neighbor X shouted and directed the customer to remove his Scooty. The customer while parking his Scooty, hit a motorcycle of which fell down and because of this ‘X’ started abusing ‘A’. When ‘A’ objected to the abusing, ‘X’ caught hold of her hand and brought her out of the shop. During this ‘X’ assaulted the complainant on the left hand and head. She fell down sustaining injuries on her hands, neck and head. At the time of incident witnesses ‘B’ and ‘C’ were present
On medical examination an incised wound 3 cm. × 1 mm on left forearm and another incised wound 2 cm. x 1 mm. on left side of head were found on the person of the complainant ‘A’. Blood oozing forms both the injuries. Both injuries were caused by hard and sharp object and were within 2 to 4 hours of the examination. Injuries were simple in nature. Since patient was complaining of vomiting hence she was admitted to hospital. After completion of investigation the charge sheet was filed in the Court.
Prosecution Evidence:
In examination in chief ‘A’ has stated that the accused ‘X’ caught hold of her and brought her out of the shop and she fell down, causing her injuries. Accused assaulted her on the left hand and head with a scissors. In cross-examination the injured ‘A’ admitted that during first information report and police statement she has not stated that the accused threw her down and assaulted her with scissors on the left hand and head. She has also admitted that there was an enmity between her and her neighbour shopkeeper accused ‘X’ about the eviction of a shop.
Injured ‘A’ has denied the suggestion of the defence that she has received the injuries by fall.
Ocular witness B’ in his evidence, has not supported the prosecution story. The Prosecution declared him hostile. Another ocular witness ‘C’ confirmed the whole statement of the injured ‘A’ in his examination in chief. However during his cross examination he admitted that the accused has not throw the injured ‘A’ rather she had fallen due to the push. Witness ‘C’ has also admitted that he is a servant in shop of ‘A’ but he has denied the suggestion of the defence that ‘A’ had received injury by a fall.
Doctor ‘G’, who conducted the medical examination, confirmed the facts mentioned in his medical report. He admitted that apparently there was no fracture. Injuries of injured ‘A’ may be caused by a fall.
Defence Evidence
Accused had got examined only one witness ‘D’ in his defence. “D’ has stated that due to eviction of shop an enmity existed between injured ‘A’ and accused ‘X’. The defence witness ‘D’ has also exhibited the true copy of relevant document of Civil Suit between ‘A’ and ‘X’
Arguments on behalf of Prosecution
Prosecution has argued that the injured ‘A’ has confirmed the prosecution story in her statement. Her statement is supported by medical evidence and ocular evidence hence the accused may be convicted and punished.
Arguments on behalf of Accused
Learned advocate of accused has argued that enmity existed between both the parties and the incident has not been confirmed by any independent witness. Witness ‘C’ is in service of ‘A’, thus he is an interested witness. The doctor has admitted that injuries may be caused by fall. ‘A’ has received injury by fall. Accused has been, falsely-implicated due to enmity, thus he should be acquitted. [MPJS 2011]
Q. 3. Frame the charge and write a judgment on the basis of allegations and evidence given hereunder and analyzing the evidence, keeping in mind the relevant provisions of the concerning law
Prosecution Case
- On 13.02.2003, the prosecutrix ‘P’ lodged a F.I.R. in Police Station Nishatpura Bhopal alleging that at about 5:00 p.m. when she was in her house and cooking food, accused ‘A’’ entered into her house, caught hold of her hand and kissed her. As the prosecutrix screamed, witness “K’ reached there. Seeing him, accused pushed the complaint aside and ran away. In that sequence, prosecutrix’s husband ‘H’ and some other neighbors also reached there. Prosecutrix narrated the incident to her husband and others. The investigating Officer registered the crime No. 114/2003 under Section 452 & 354 of Indian penal code and after investigation submitted the charge-sheet.
Defence Plea
- The accused denied the husband allegations. His defence plea is that the husband of prosecutrix and the accused have inimical terns since a long time and on account of this enmity the accused has been falsely implicated.
Prosecution Evidence
- Prosecutrix ‘P’ has stated that when she was cooking food in her house at about 5:00-6.00 pm, the accused entered into her house and when she inquired about the purpose his arrival, the accused caught hold her hand, embraced her and tried to kiss her. When she shouted witness ‘K’ arrived. The accused then pushed her and ran away. She had lodged the F.I.R. (Ex. P1). In cross-examination P’ has admitted that 4-5 years back there was a dispute between the accused ‘A’ and one Ramlal and her husband H had then favored Ramlal. She has also admitted that at that time a proceeding under Section 107/116 CrP.C. was also filed by Police before Executive Magistrate against several persons including accused ‘A’ in one party and her husband ‘H’ in other. She has denied that she is a woman of bad character or having illicit relations with another villager. She has also denied that the accused has been visiting her house frequently.
- Witness ‘K’ has stated that when he heard a noise, he rushed to the spot and saw the accused ‘A’ running away towards exit. The husband of prosecutrix had also arrived there and the prosecutrix had narrated the incident to him. In cross-examination ‘K’ has denied that there had been enmity between him and the accused. In cross-examination, he described the time of incident as 6-7 p.m. Witness ‘H’ also supported the version of P’ and ‘K’. In cross-examination H’ did not admit enmity between him and accused or any recent dispute. Sub-inspector Police O’ stated that on 13.02.2003 at 6:45 pm, the prosecutrix P’ had come with her husband H’ to the Police Station and lodged the F.IR. (Ex. P. 1) against the accused. He had then registered the offence and after visiting the spot he had recorded the statements of witnesses.
Defence Evidence
- The Defence witness X’ on behalf of accused stated that the accused is of good character A’ did not commit the offence. He also stated that P’ is of bad character and on account of enmity between the accused and husband of”P, the accused has been falsely implicated. During cross-examination, X’ admitted that on that evening he was in his house and after a day he had come to know that a report had been lodged against the accused by the prosecutrix.
Arguments of Prosecution
The prosecution case is well proved. There is nothing to discredit the evidence of prosecutrix and her evidence has also been supported by other witnesses, hence, the accused should be convicted under Section 452 and 354, I.P.C
Arguments Defence
The prosecution story is concocted and false. Evidence of prosecutrix and other prosecution witnesses is unreliable. The accused has been falsely implicated due to enmity, with the connivance of police, hence, he be acquitted. [MPJS 2012]
Q. 4. Frame the charge and write a judgment on the basis of allegations and evidence given there under by analyzing the evidence, keeping in mind the relevant provisions of the concerning law
Prosecution Case
On 11.12.2013 in the evening at about 7:25 pm, informant ‘B’ lodged a First information Report with police station Kotwali, Mandsaur to the effect that he resides in House No. 10, Station Road, Mandsaur. On 11.12.2013 in evening about 6:30 pm, while he was talking in his drawing room with his friend “C’, suddenly accused A1 and A2 because of previous enmity with ‘B’ came in to the drawing room armed with Lathins. Both the accused person assaulted B’ with their lathi. Because of assault ‘B’ sustained bleeding injuries over head and right arm. When ‘C’ tried to save ‘B’, accused A1 and A2 also gave lathi blows to ‘C’, who sustained bleeding injuries over left arm and right leg, When other family member of ‘B’ and neighbors came and shouted to save ‘B’ and C’, both the accused persons intimidated “B’ by threatening to cause death and then fled away
Thereafter ‘B’ and C’ came to the police station Kotwali Mandsaur and ‘B’ lodged the report, thereby, police registered case under crime no. 350/13 and thana incharge firstly sent both the injured persons to district hospital Mandsaur, where Dr. D medically examined both the injured persons. Injuries found over ‘C’ were simple in nature, whereas both the injuries found over ‘B’ were grievous in nature. All the injuries found on injured persons were caused by hard and blunt object. During investigation site plan was prepared, accused A1 and A2 were arrested, lathis were also seized from them and after completion of investigation the charge sheet against A1 and A2 filed under Section 452, 323, 325, 506/34 of IPC.
Defence Plea
The accused persons have denied the charges and their defence plea is that they have been falsely implicated on account of enmity.
Prosecution Evidence
In examination of chief “B’ (P.W. 1) stated that on the date and time of incident the accused A1 and A2 entered into his house and assaulted him over right arm and right side on head with lathis and when his friend C’ (P.W. 2) tried to save him both the accused persons also gave lathi blow to ‘C’ (P.W. 2). His family members and neighbors came and shouted over accused Al and A2 and they fled away. Then he lodged report Exhibit P-1 in police station Kotwali, Mandsaur and doctor also medically examined him at district hospital Mandsaur. His right arm and right side of head were fractured and he was admitted in hospital for seven days. In cross examination ‘B’ (P.W. I) had denied the suggestion of the defence that he has received the injuries by fall.
Another injured witnesses ‘C (P.W. 2) also supported the prosecution version to the extent as of the P.W. 1.
Dr. ‘D’ (P.W. 3) also corroborated the versions of “B’ (P.W. 1) and ‘C and C” (P.W. 2) by proving their MLC reports Exhibit P3 and P4, X-ray plates Article X-1 and X-2
Defence Evidence
The accused A1 and A2 in their examination under Section 313 of Cr.P.C. denied the allegations against them and took a defence of false implication due to enmity. No further evidence in defence is given by the accused persons.
Arguments of Prosecution
District Prosecution Officer has argued that the all charges against accused persons are proved beyond any reasonable doubt, hence the accused persons be convicted accordingly and rigours punishment be imposed.
Arguments Defence.
Accused persons have been falsely implicated due to enmity. Prosecution evidence is doubtful as no independent witnesses are produced and accused persons cannot be convicted only with evidence of partisan witnesses. Hence, they be acquitted [MPJS 2013]
Q. 5. Frame a charge/charges on the basis of allegations given hereunder-
PROSECUTION CASE/ALLEGATIONS:
As per case of prosecution on 01.01.2015 at about 5 o’clock in the evening. ‘A’ and his father ‘B’ were coming from agricultural land to their house by bullock cart. On reaching from approach road to main road H’, both stepped down from the bullock cart and while they were crossing the road for drinking water, the alleged offending bus bearing registration no. C-1, driven by the accused F in rash and negligent manner came there from wrong side, dashed ‘B’. Resultantly “B sustained fatal injuries and succumbed to injuries on the spot. His son ‘A’ lodged FIR against driver F at police station ‘G [MPJS 2014]
Q. 6. Frame the charge and write a judgment on the basis of the allegations and evidence given hereunder by analyzing the evidence, keeping in mind the relevant provisions on the concerning law
Prosecution Case
- Truck bearing registration No. MP20 AB-845 belonged to one Mohanpal (PW-1). On 21.12013 the truck developed a mechanical defect. It was, therefore, parked at village Dumna by the driver of the Truck. On the following day, a window of the truck was found open. On checking “diesel pump”, “self starter” and “tools Kit” were found stolen from the truck. A First Information report Ex. P1 was, therefore, lodged to the police by PW-1 Mohanpal on the basis of which a case for the offence under Section 379 read with sec 34, Indian Penal Code, came to be registered. In the First Information report Mohanpal expressed suspicion against accused Kishan Das, since he was the driver of the Truck.
- During the course of investigation the Kishan Das and his brother Ram Das were arrested. Whilst in custody the two accused made a disclosure statement under Section 27 of the Evidence Act before the Head Constable in the presence of PW-2 Chet Ram and one Bhagat Ram leading to the recovery of “diesel pump”, “self starter” and the tools kit” from the house of accused Kishan Das.
- The police, after completion of investigation submitted the charge-sheet against both the accused for offence under Section 379 read with Section 34, Indian Penal Code.
Defence Plea
- The accused persons denied the charge. Their defence was that they have been falsely implicated
Evidence for prosecution
- The prosecution in support of its case examined three witnesses in all. There was no eye-witness of the theft. Mohanpal (PW-1) proved the FIR Ex. P-1 lodged by him. He also proved the theft of aforesaid articles from his truck. He also deposed that accused Kishan Das was the driver of the Truck.
- Chet Ram was examined as PW 2. He is silent with regard to the making of the ‘disclosure statement Ex. P-2 by the two accused. Another witness to disclosure statement Ex. P-2 was Bhagat ram but he was not examined by the prosecution. Head Constable Shyam Lal PW-3 deposed that both the accused while in custody on 21.01.2013 made a joint disclosure statement Ex. P 2 in the presence of PW 2 Chet Ram and Bhagat Ram. He also proved the recovery of “diesel pump”, “self starter” and “tools kit” in pursuance of such disclosure statement
Evidence for defence
- On behalf of the accused persons no witness was examined in defence.
Arguments of Prosecutor
- As per the prosecution both the accused while in custody on 21.1.2013 made a joint disclosure statement Ex. P-2 before Head Constable Shyam Lal (PW-3) in the presence of Chet Ram (PW-2) and one Bhagat Ram and in pursuance of the joint statement recovery of “diesel pump”, “self starter” and “tools kit” was made from both the accused. Therefore, on the basis of disclosure statements and recovery of the articles, offences under Section 379 of the IPC was duly proved against both the accused.
Arguments of Defence Counsel
- On behalf of the accused it was contended that the joint disclosure statement said to have been made by the two accused is not admissible in evidence and no reliance can be placed upon any recoveries alleged to have been made in pursuance of such joint statement. Therefore, accused should be acquitted. [MPJS 2014]
Q. 7. Frame a charge/charges on the basis of allegations given hereunder-
PROSECUTION CASE/ALLEGATIONS: Surender Singh was a driver of a truck with registration No. HR 55 R-7750. On 20.10.2015 he was carrying the truck from Gwalior to Shivpuri. On the way before his truck, Ram Singh was driving a truck bearing registration No. MH 31-7851 in a rash and negligent manner causing endanger to human life and injury to any other person and he was not allowing Surendra Singh to take his truck forward. Ram Singh stopped his truck near a Dhaba which falls under the territorial jurisdiction of Police Station Satnawad. Seeing that, Surendra Singh also stopped his truck. Thereafter, he took strong objections to the said acts of Ram Singh. Thereupon an altercation broke out between them. In the course of which Ram Singh committed marpeet with Surender Singh with an iron rod. As a result, he suffered fracture in his right Tibia bone. He also damaged his truck and thus caused him a loss of 8000/- rupees in terms of money [MPJS 2015]
Q. 8. Frame the charge and write a judgment on the basis of the allegations and evidence given under by analyzing the evidence, keeping in mind the relevant provisions on the concerning law.
Prosecution Case: The Prosecution case is that complainant Kuldeepak on 29.08.2007 submitted a written application at city Kotwali in which it is mentioned that he has got a shop of motor parts in the name of Ganga Automobiles situated at Jagatdev Talab. On 24.08.2007 at about 9:00 AM, when he opened the shop, he found that the motor parts were scattered. Two crown of GNA Company used in TATA vehicles costing Rs 7000/- were not found. On the basis of this report the crime No. 587/2007 under Section 457,380 of IPC was registered. Site map was prepared. The disclosure statement of the accused was recorded on 08.09.2007 and pursuant to it; two crowns were seized from the house of the accused. The statements of the witnesses were recorded. After completing the investigation the charge sheet was filed in the Court of Judicial Magistrate first class.
Defence Plea: The accused denied the charges and his defence is that he has been falsely implicated.
Evidence for prosecution: The Prosecution examined as many as five witnesses in support of its case. Complainant Kuldeepak (PW-1) proved the FIR Ex.P/1 lodged by him. He deposed the fact of breaking the lock of this shop and theft of aforesaid articles therefrom and Investigating officer (PW-2) deposed the fact of identification of articles.
Evidence for defence: Accused examined himself in defence and denied the allegations against him and took a defence of false implication due to enemity
Arguments of Prosecutor: The Prosecutor has argued that the prosecution has proved the case beyond reasonable doubt against the accused. Hence, the accused be convicted and sentenced suitably.
Arguments of Defence Counsel: Learned Counsel for the accused submitted that the complainant lodged FIR with inordinate delay of 04 days and no reason for the delay has been given. The recording of disclosure statement on 08.09.2007 of the accused at Ganga Auto Mobile, is also not true and the police have not seized the stolen articles from his possession. The police have made the concocted story in this regard. The identification of the stolen articles has not been done properly, therefore, the prosecution has not proved the case beyond reasonable doubt against the accused. Therefore, accused be acquitted of the charges. [MPJS 2015]
Q. 9. On the basis of facts and evidence mentioned here under, write a well reasoned judgement X lodged first information report in police station, Shahjehanabad, Bhopal at 1 P.M on 25th January, 1996 stating that on that day at about 10 am. while he was coming to his house from civil court a place about 1 km away from police station, W0 persons named Y 7 z waylaid him and gave him severe beating by lathis, as a mum!‘ of which he became unconscious and fell down, ‘A‘, a known passerby took him to 11″ house. On regaining consciousness he has come to report.
Prosecution in support of its case examined the following witnesses X-He corroborated f.1.R. Ex. P. 1 and supported the story. (RW. 1)
A–Stated he saw X lying Injured and unconscious on road-side at about 10.30 AM. and took him to his home. (P.W. 2)
B–Doctor, who stated at about 1.15 pm. on that day on being brought by police he examined X and found five lacerated wounds two on chest, two on both hands and one on right knee, under cheat injury rib fractured as per X-ray report Rx. P2. In cross examination he admitted that such injuries are possible in motor accident. (P.W 3)
C–Investigation Officer, who proved spot map Ex. P3.
In cross-examination he admitted that alleged place of occurrence in a marked place where all types of motor vehicles pass through. However he denied defence suggestion of there being marks of Road accident on he spot. (P.W. 4)
Defence: Y & Z pleaded not guilty to the charge. Their defence is:
- X, being on inimical terms: has falsely implicated them,
- X has suffered these injuries in scooter accident,
- That at the relevant time both of them were in Area Colony, a place about 10 kms away from place of incident,
- M, Defence witness E.W.I supporting defence version stated on oath that on relevant date both of them were seen at about 11 am. in Area Colony.
- Delayed police report is not reliable. [MPJS 1996]
Q. 10. Frame charge on the basis of facts mentioned hereunder and write a well reasoned judgement on the basis of facts, evidence and arguments mentioned hear under:
- ‘A’ lives in one of the residential house of H.E.I. Colony Bhopal. 0n 1-5-1998 after taking his meals at 10.00 pm. in night ’A’ after licking his house left for attending one marriage in the neighboring colony. After marriage ceremony was over ‘A’ returned back to his house at 3.00 am. When he comes to his house he saw that someone had broken the lock of his house and from inside the house his new Hero Bicycle frame No. H-5394 is taken away. ‘A’ rushed to Police Station and lodged F.I.R. Sub Inspector ’8’ investigated the offence.
- During investigation SJ. ’B’ come to know from ’C’ that on the date of incident in midnight ‘D’ was seen nearby the house of ‘A’. ‘D’ was taken into custody and in the custody of Sub-Inspector bicycle No.-H-5394 has been kept by him inside his room. SI. ’B’ prepared the memorandum, got it signed by accessed ‘D’ and witnesses ’E’ and ’F’. Hero Bicycle No. H-5394 has been recovered from inside the mom of ’D’ in consequence of information received from ‘D‘, in presence of accused ’D’ and witnesses ’E’ and ’F’ by SJ. ’8’. Seizure memo was prepared and bicycle was sent to Executive Magistrate for getting it identified. Identification parade was held and ’A’ identified the bicycle recovered to be his own. After investigation is closed Police filed Police report in Court and the Court after framing charges against accused ’D‘; tried the offences.
Defence: Accused has taken the defence that he has anemical terms with complaint ‘A‘. the fore complainant has falsely implicated him.
Evidence For Prosecution:
Witnesses examined and their evidence:
- ‘A’ the complainant deposed the fact of house breaking and theft of his Hero Bicycle No. H-5394, lodging the FIR. also identified the Hero Bicycle No. H-5394 in Court and deposed the fact of identification parade and its memo. Cross-examination-NIL.
- ‘E’ and ‘F’ were produced to prove memo and seizure but they did not sum the prosecution and as such were declared hostile and were cross-examined prosecution. They admits their signature in memo and seizure, they also admitted that because of threat given by accused, they are not supporting he prosecution.
- Witness ‘C’ deposed that he saw the accused in mid-night on the relevant day “’1! the house of ’A’ Cross-examination-NIL.
- Sub-Inspector ‘B’ deposed the fact regarding the memo, seizure of Bicycle and
investigation. In cross-examination denied the suggestion of false implication by complainant. - Executive Magistrate ‘G’ deposed the fact of identification parade and identification memo of recovered Bicycle. Cross-examination-NIL.
Evidence for Accused – NIL.
Arguments:
Prosecutor: Argued that from the evidence, charges against accused are proved. Defence: Argued that witness ‘E’ and ‘F’ were independent witnesses but they did not support the prosecution inspite that if accused in held guilty, he being a student aged 19 years should be allowed benefit under probation law because this is his first often and his conduct except this case was always remained good.
Law Referred:
- Indian Penal Code.
- Criminal Procedure Code.
- Indian Evidence Act.
- Probation of Offenders Act. [MPJS 1998]
Q. 11. On the basis of the facts and evidence mentioned hereunder; write a well reasoned order, in which it must be mentioned, whether a legal presumption under Section 113B of Evidence Act, 1872 could be drawn against the accused.
The prosecution story, in brief is that the deceased ‘A’ and the accused ’3′ used to maltreat his wife ‘A’ for not meeting his demand of a scooter and Rs. 10,000/-which was promised to be given at the time of marriage.
The decease ’A’ committed suicide on 25.3.1999 and she died on account of server bum injuries. ’C’ who is father of the deceased ’A’, lodged First Information Report (EX P1) on 27.3.1999 in Police Station Sanchi. The Court framed charges for offence against the accused ’B’ Prosecution in support of its case examine the following witnesses: ‘C’ (PW 1) he corroborated the prosecution story and stated that his daughter ‘A’ had informed him that the accuse ‘B’ used to beat her and did not provide her with sufficient food and asked her to bring a scooter and Rs. 10,000 from her parents. This witness further stated that when the deceased ‘A’ committed suicide, the accused ‘B’ was out of his house and the immediate cause for suicide was quarrel with the mother-in-law of the deceased, who is not an accused in this case. ‘D’ (PW 2). She is mother of the deceased ‘A’ and she also corroborates the statement of ‘C’. ‘E’’ (PW 3) Doctor, who held autopsy arid found 80% antimortem burn Injuries and according to his evidence and postmortem report (Ex P2), the death was due to asphyxia and shock due to burn injuries. ’F’ (PW 4) Investigating Report (EX P1). He also seized a letter (EX P3) dated 15.2.1997, written by the deceased ’A’, from the possession of ’C’ and it was stated in this letter that her husband used to maltreat her for not meeting his demand of dowry.
The Defence of accused ‘B’
- He has not committed any offence.
- He was out of is house, when his wife ‘A’ committed suicide.
- The prosecution failed to produce independent witnesses.
- Undue delay in lodging the First Information Report. [MPJS 2001]
Q. 12. Write judgment on the basis of the allegations and evidence given hereunder after analysing the evidence:
Prosecution Story:
‘A’ on dated 12.5.2003 around 9:00 to 10:00 pm. in the night was returning back to his house after shutting down his shop situated at Bada Bazar, Rampur. On his way, near purana talab, accused ‘B’ and another person (unknown) accompanying him, who were armed with knives, stopped ‘A’ and asked him to handover his wrist watch wroth Rs. 400/, golden ring worth Rs. 800/and purse having Rs. 1,500/by putting him to fear of death at the point of knife. ‘A’ out of fear handed over the three items to ’B’ and the person accompanying him. ‘A’ reported about the incident that very night around 11:00 to ‘C’, officer-in-charge police station, Rampur, who recorded report P-l on that ‘basis. On dated 15.5.2003, ‘C’ after taking ‘B’ into custody on the basis of suspicion, lltterrogatecl him, ‘C’ on the basis of information given by ‘B’ recovered a wrist watch (ArticleQ-1) kept in a box lying in the house of ‘B’ situated at Rampur, and a ring (Article Q-2) from goldsmith ‘D’. ‘A’, in the identification conducted by ‘K’ identified wrist watch and the ring as his property. ‘B’ was prosecuted for an offence under Section on 392 IPC.
Prosecution evidence:
- ‘A’ (PW 1) supporting the prosecution story has stated that in the identification proceedings carried out in the Teshsil, he identified his wrist watch and ring. He has denied that the wrist watch and the ring were shown to him before hand at the police station.
- ‘C’ (PW 2) office-in-charge police station Rampur, supporting the prosecution case has stated that on the basis of information given by 13: a wrist watch (Article Q1; was recovered from a box lying in the house of ‘3′, and a ring (Article Q2) was recovered from goldsmith ‘D’.
- Goldsmith ‘D’ (PW 3) has stated that on dated 13.5.2003 ‘B’ sold to him ring (Article Q2) claiming in register P-2.
- ‘K’ Naib Tehsildar (PW 4) has stated that on dated 15.5.2003 in Trehsil campus he conducted identification proceedings in respect of wrist watch (Article Q1 ) and ring (Article Q2) in which ‘A’ correctly identified both the items.
Defence of the Accused:
- He has not committed any robbery.
- Wrist watch and ring were shown to ’A’ in the police station before hand and that identification proceedings are nothing but a farce.
- He had sold any ring to ‘D’.
- Police has not conducted any identification parade to get him identified by ‘A’ or ‘D’.[MPJS2006]
Q. 13. Frame charge and write a judgement on the basis of facts and analysing evidence mentioned here under:
- On 20.3.98, ‘A’ was going to drop his 12 years old sister ’8’ to her school on scooter. On the way scooter’s tyre went in a small pit on mud, and some mud failed on the clothes of a passerby ‘C’. ‘A’ stopped the scooter an begged pardon from ‘C’, but ’0 uttered Hlthy abuses relating A’s sister and mother. Suddenly provoked by filthy words ‘A’ snatched a wooden stic (Bent) from another passerby ‘D’, and struck ‘C’ on left hand, causing fracture of humerus bone. ‘C’ lodged a first information report in police station. Subinspector of police sent ‘C’ for medical examination, and during the course of investigation he drew a spot map, seized the wooden stick (Bent) from ‘D’, arrested ‘A’, and wrote down the statements of witnesses. After completion of investigation police filed challan under Section 335 of IPC, before judicial magistrate. Ist class Court after framing the charges against accused ‘A’ tried the offence.
- Defence
Accused has taken he defence that he begged pardon, but when ’C’ abused, him before his sister he suddenly and gravely provoked.
Evidence For Prosecution
Witnesses examined and their evidence:
- ‘C’ stated on oath that ’A’ had struck him by a wooden stick (Bent). In cross-examination he accepted that he uttered abuses to ‘A’.
- Doctor ‘E’ said that he examined ‘C’ on 20.3.1998 and found a contusion with swelling on the upper portion of left hand of ‘C’, he did X-Ray on the same day and examined the X-Ray plate and found a fracture of humerus bone of left hand of ’C’. He examined, medical report, X-Ray report, X-Ray plate and said that these beat his signatures. These facts were not challenged in his cross-examination.
- Witness ‘D’ deposted that ‘A’ snatched the stick (Bent) from him, and struck ‘C’ on the left hand. He admitted in cross-examination that he felt very bad by the abuses of ‘C’.
- ‘B’, the sister also admitted that her brother struck ‘C’ with stick, but she also said that her brother was right, because ‘C’ was uttering filthy abuses.
- Accused ‘A’ in statement of Accused, said that in spite of begging pardon ‘C’ abused in front of his younger sister and on this sudden provocation he struck a single blow of wooden stick on ‘C’. [MPJS 2007]
Q. 14. Write order under Section 125 of the Code of Criminal Procedure on the basis of . pleadings and evidence given her under after analyzing the evidence. The order should also contain points for determination.
Applicant’s Pleadings
Applicant (Wife) filed an application under Section 125 CrPC for maintenance for herself and her minor daughter against her husband before the Judicial Magistrate First Class, Khandwa on the following grounds:
- That the applicant is legally wedded wife on non-applicant. Their marriage took place as per Hindu rituals on 01.01.2001 at Khandwa. After their marriage they lived together at Indore. Out of their wedlock a daughter was born. Now the daughter is aged about three years.
- That after the birth of daughter non-applicant started treating the applicant with cruelty by breathing her and also used to threaten her for divorce.
- That because of aforesaid acts of cruelty the applicant along with daughter were forced to live at her paternal house at Khandwa for the last year. During this stay Non-applicant has never tired to bring her back to the matrimonial home. He even did not pay any amount to applicant for maintenance.
- The non-applicant is working as Assistant Engineer in PWD and is getting Rs. 20,000/salary per month whereas the applicant is not doing any job and she has no source of income. She and her daughter are unable to maintain themselves.
- That the applicant has filed this application under Section 125 of the CrPC for grant of maintenance Rs. 6000/ for herself and Rs. 4,000/for daughter, total Rs. 10,000/~ per month before the Judicial Magistrate First Class, Khandwa. And also clairned Rs. 10,000/as expenses of proceedings.
Non-Applicant’s Pleadings
- In reply the non-applicant (husband) has specifically denied the allegations leveled against him and pleaded that the applicant in the absence of non-applicant has left the matrimonial home without any sufficient cause and voluntarily started living with her parents. Non-applicant made many attempts to bring her back to the matrimonial home but she refused to live with him.
- That the applicant is the only daughter of her parents therefore her parents wanted that non-applicant should leave his job and live with them as “Ghar Jamai” but non~ applicant is not ready and willing to live with them.
- That non-applicant admitted that he is an Assistant Engineer in PWD but after deductions he gets only Rs. 15,000/salary per month. Non-applicant has to maintain his parents 3150That the applicant is a trained teacher and is in service getting gala Rs. 10,000./’ per month. She is competent to maintain herself and her minor daughter Non-applicant never refused or neglected to maintain the Applicant and the mine, daughter and he is always willing to maintain the applicant if she would live with him.
Applicant’s Evidence
- Applicant examined herself and testified allegations of the application. In Cross-examination, she accepted that only once she was beaten up by the non-applicant and on other occasions he uttered abuses to her. She admitted that her father is a senior officer and she is the only daughter of her parents. She admitted that non. applicant has a liability to maintain his parents. She also admitted that she is B.Ed pass, but not in service.
- Applicant has examined his father who supported the applicant’s version. In cross examination he admitted that he is a Conservator of Forest and gets Rs. 45,000/per month as salary and has agriculture income of Rs. 3,00,000/per year.
Non-Applicant’s Evidence - Non-applicant examined himself and testified allegations of his reply and also stated that he is getting inhand only Rs. 15,000/salary per month. In support he also filed a salary certificate. In cross examination he accepted that only once he slapped the applicant. In cross-examination he admitted that he does not know the institution in which the applicant is serving as teacher. He was also unable to give particulars of his visit to his in-law’s house for bringing back the applicant.
- Non-applicant also examined her month who supported the version of non-applicant. In cross examination she admitted that once in her presence the non-applicant had abused the applicant. [MPJS 2009]
Q. 15. Some vacant land was lying to the West of field of A which B had taken possession. Previous to the day of occurrence B encroached upon a portion of the adjoining held of A and constructed a meand which was resented by A. On the day of occurrence A along with his son started demolishing the mend when B alongwith four companies arrived armed with lathis and started beating up A and his Son . Some person were attracted and they joined the side of A. Both sides sustained injuries. B and his companions were challaned under sections 147,323 and 149 of Indian Penal Code. They pleaded right of defence of property. On behalf of the complainant it was pleaded that the property damaged did not belong to B and no wrongful loss had accrued.
Argue on both sides and also tell whether it would make any difference in case it is found that the property was under dispute and title of either was not clearly ambushed. [DJS1976]
Q. 16. Describe in brief the salient feature of the Code of Criminal Procedure (Amendment) Act, 2008. [MPJS 2010]
JHARKHAND JUDICIAL SERVICE
F.I.R. & INVESTIGATION (S. 154-176)
Q. 1. What is the difference between Section 156 and 200 of the Criminal Procedural Code? (JJS 2001)
Q. 2. Can a Magistrate refuse to admit an accused to bail on the failure of the prosecution to file Final Report/ Charge Sheet, against him within the time stipulated under Section 167 of the Code of Criminal Procedural; explain with reference to the latest decision on the subject given by the Supreme Court. (JJS 2001)
JURISDICTION OF COURT IN INQUIRIES AND TRIAL (S. 177-189)
Q. 1. “The rule that every offence shall be inquired into and tried by a court within the local limits of whose jurisdiction it was committed is not an absolute rule”. Comment and explain. (JJS 2001)
COGNIZANCE OF OFFENCE (S. 190-199)
Q.1. What are the conditions when a Magistrate may take cognizance of any offence? State also the cases where no court shall take cognizance unless some conditions are fulfilled. (JJS 2014)
FORM OF CHARGES AND JOINDER OF CHARGES AND EFFECT OF DEFECTIVE CHARGE (S. 211-224)
Q. 1. “For every distinct offence of which any person is accused, there shall be a separate charge and every such charge shall be tried separately.” Explain and illustrate this. (JJS 2014)
Q. 2. “Is a defective charge necessarily fatal to conviction?” Discuss. (JJS 2014)
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
DOUBLE JEOPARDY & FREE LEGAL AID (S. 300-327)
Q. 1. Does an accused person render himself liable to punishment by refusing to answer questions under Section 313 of the Code of Criminal Procedure 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 ? (JJS 2001)
APPEALS (S. 372-394)
Q. 1. “No appeal would lie unless provided by Law.” Discuss the statement and refer to relevant provisions of the Code of Criminal Procedure, 1973. (JJS 2014)
LIMITATION FOR TAKING COGNIZANCE (S. 467-473)
Q. 1. Which section of Cr.P.C. provides for and prescribes limitation period for taking cognizance of cases and how many types of limitation periods are categorized therein? (JJS 2001)
RAJASTHAN JUDICIAL SERVICE
COMPLAINT PROCEEDING (S. 200-210)
Q. 1. What is meant by taking cognizance of an offence by a magistrate and in what way is
it so taken?
On the presentation of a complaint before him a magistrate recorded the statement of the complainant and ordered a preliminary enquiry u/s 202 Cr.P.C. by the Station House Officer of the area. The latter not only submitted his report as required by the magistrate but also put up a challan against the accused for the offence. Please point out whether the magistrate should try the case as a ‘complaint’ case or as a ‘challan’ case. (RJS 1969)
Q. 2. During the proceedings of a complaint case dealt with as a warrant case the magistrate recorded the statements of three out of the seven witnesses cited by the complainant and then examined the accused and framed a charge. At the instance of the accused the three witnesses were recalled and were further cross-examined by the accused. The remaining four witnesses were then examined by the complainant. Thereafter the magistrate recorded the defence evidence, heard arguments and convicted the accused but the statement of the accused was not recorded again. Please discuss the legality of the conviction. (RJS 1974)
Q. 3. Write an order disposing off an application for exemption from personal attendance of an accused. Quote rulings. (RJS 1986)
Q. 4. What is a Complaint? Name an offence which can be tried on a complaint only. (RJS 1991)
Q. 5. Is an accused entitled to get copies of Judgement free of charge? Can any other person also get it? (RJS 1991)
Q.10. What is a “Petty offence” under clause (2) of Section 206 of the Code of Criminal Procedure, 1973. (RJS 1999)
Q. 6. Discuss the ambit of the inquiry under Section 202 of the Code of Criminal Procedure, 1973. (RJS 2014)
CHANDIGARH JUDICIAL SERVICE
MISCELLANEOUS / PRACTICAL QUESTIONS
JUDGMENT WRITING/FRAMING OF CHARGE
Q. 1. Read the following carefully and while judgement after framing necessary charge.
On 10 March 2014, while returning back to his house sometime between 8 p.m. to 9 p.m in the evening, after dropping his brother to Raipur Airport, A was stopped by accused B’ with an unidentified person, who were armed with pistol, and asked him to handover his wristwatch valued at Rs. 2,000 one gold chain valued at Rs. 30,000 and his purse containing Rs. 2,000 by putting him to the fear of death at gun point. ‘A’ handed over the three items to ‘B’ and accompanying person out of fear. ‘A’ reported the incident to C, the Station Officer, Civil Lines Police Station, Raipur around 10 p.m. An FIR (Ex-PI) was lodged accordingly. “C” interrogated “B” on 12 March 2014 after taking him in his custody as a suspect. A wrist watch (Article Q-1) was recovered from a box lying in the house of ‘B’ situated at Civil Lines, Raipur and gold chain (Article Q-2) from goldsmith D’, on the basis of information given by B’ to ‘C during interrogation. ‘A’ identified the wristwatch and the gold chain as his property in the identification proceedings before the Deputy Collector. “B’ was prosecuted for the offence under Section 392 of Indian Penal Code.
‘A’ (PW-1) supported the story of the prosecution and has stated that the identified the wristwatch and gold chain in the identification proceedings in the Collectorate. He has denied that the wristwatch and the gold chain were shown to him before hand at the Police Station.
C (PW-2), the Station Officer, P.S. Civil Lines, Raipur, while supporting the story of the prosecution, has stated that a wristwatch (Article Q-1) was recovered from a box lying in the house of B’ and a gold chain (Article Q-2) was recovered from goldsmith ‘D’ and that the basis of information given by B.
Goldsmith ‘D’ has stated that ‘B’ claiming himself owner of it, sold a gold chain (Article Q-2) to him on 11th March ‘2014 for Rs 20,000, which has been entered in Register P-2. Deputy Collector ‘K’ ( PW-4) has stated that he conducted identification proceedings in the collectorate on 12 March, 2014 for identification of wristwatch(article Q-01) and Gold(article Q-2) in which ‘A’ identified both the item correctly.
The defence of accused ‘B’ id that he has not committed and robbery and the wristwatch and the chain were shown to ‘A’ at the police station before hand and the identification proceedings are nothing but farce. He has also stated that he did not sell any chain to goldsmith ‘D’ and that the police did not conduct any identification parade him identified by ‘A’ and ‘D’. (CJS 2014)
Q. 2. Frame issues on the basis of facts, evidence and arguments mentioned below and write a sound judgement:
On the basis of the following ground:
- A (plaintiff) has filed a suit of eviction against B (Defendant) for the suit house situated at Indore eviction sought for the grown and mezzanine floor of the building which was given on rent worth Rs. 2,500/
- It was not disputed that defendant was tenant of the suit premises from 1.5.1980.
- The plaintiffs pleading in brief was that he bona fide requires the accommodation for his own use stating that he has suffered heart attack and has been advised not to climb upstairs. He therefore, vacated his 3rd floor office and is presently carrying on his profession of Chartered Accountant in the first floor of his house. He has no other accommodation, in his possession for carrying his profession.
Written Statements: - The suit was resisted by the defendant on the ground that the vacation of the premises of plaintiff’s previous office was collusive, the same was done in order to gain a ground of eviction. He plaintiff had heart attack in 1980 but vacated his office in the year of 1984 and filed this suit in the year of 1985. This is shows the mala fide intention of the plaintiff. It is further pleaded that as per the terms of agreement of lease (tenancy) the defendants are entitled to renew the lease after increasing rent at the rate of 10% after me expiry of 5 years and the same could be renewed twice for five years on each occasion. The plaintiff in fact wanted to increase the rent and on his failing in his attempts, he has filed the suit.
Evidence of Plaintiff: - The Plaintiff has adduced his evidence as per his pleadings that he had first attack in 1980 and he was advised to keep caution in running and climbing but thereafter he had a second attack then he strictly advised not to climb upstairs such he has to file this suit, he is carrying his business temporarily in his house.
Evidence adduced from defendants: - Defendant stated in his evidence that presently the plaintiff is carrying on a profession of CA. in his own home and not pleaded or proved that the same is insufficient or unsuitable. The suit is filed merely to increase rent.
Arguments advanced from Plaintiff side: - Plaintiff requires bonafidely the suit accommodation for purpose of carrying his profession of C.A. Further contended that the document on which the defendant is relies is an unregistered document, as the document’ purporting to transfer an interest in the land of value more than Rs. 100 requires a compulsory registration. absence of registration the same cannot be read in evidence, he has only temporally carrying on his profession in his residential accommodation does not mean that he has not requirement.
Arguments on behalf of defendant: - Plaintiff waited till 1985 and failing in his attempt for increase of rent has maliciously failed the suit, actually plaintiff don’t require the suit premises as he is carrying his business in his own house which is insufficient or unsuitable it is not Proved because the requirement pleaded by the landlord must not only ex15t on the date of the action, but must subsist till final decree.
Law referred:
M.P. Accommodation Control Act,
Indian Registration Act,
Transfer of Property Act,
Civil Procedure Code,
Indian Evidence Act. [CJS 2003]
Q. 3. Criminal Case:
Frame charge on the basis of following facts 8: write a model order/judgement upon legal foundation on the basis of the evidence, arguments of both parties.
Krishna Kumar is facing a trial under Section 489(c) of the Indian Penal Code. Police Station in charge of Ganj Police Station received an information from informer, that Krishna Kumar has in his possession counter feet currency notes knowing & intend to use the same as Genuine, Upon this information them. Inspector with Police force went to his house after completing some formalities but House search warrant could not be obtained due to lack of time because to get the search warrant from the competent authority it was too late & meanwhile Krishna Kumar may left his house for using those notes as genuine outside the city.
After arrival the Inspector informed Krishna Kumar that his house has to be searched because he has such information regarding commitment of cognizable offence Krishna Kumar’s house was searched as per law. Upon search policy party found a bundle of packet containing so many hundred rupees notes were kept in a box used for keeping his cloths. On counting it was three lacs rupees notes. On preliminary inquiry those notes appeared to be counter-feited, not having water marks, prescribed silver line, the paper used was of inferior quality in comparison to genuine one. Embossed letters were missing, the colours were faded.
The notes were lawfully seized before local witnesses, who were present during seizure. Krishna Kumar was did not in a position to give any explanation regarding possession of those notes.
He was arrested and arrest memorandum are prepared. The case any handed over to city police superintendent. Who started further investigation. On request of the 1.0. the local state Bank manager inspected the notes. He found them as counter feit he gave the reason for his report. Krishna Kumar was then produced before the Local judicial Magistrate who conducted the lawful proceeding 8: seed him on remand. During the investigation the seized note were sent to bank note press at Dewas (M.P.) for examination. The expert found all notes as counter feit on examination, expert sent his report. Charge sheet was me-up on completion of investigation case received on transfer by the lat additional session judge Raipur after committed proceedings. The A.S.J. framed the charge as pet law against the accused after hearing both side on charge. Accused plea was recorded and then called the prosecution witness All prosecution witnesses supported the prosecution in to. The defence of the accused were that he was not intending to use those notes as genuine. The notes seized are not properly sealed. A man at the city gave him those notes. So he does not know their genuineness. He was falsely implicated by that man he is not guilty. The accused has not adduced any witnesses in his defence the court head both the parties at large. It was the argument of prosecution side that the notes were seized from the possession of the accused before seizure witnesses. The report are there of the experts that note are not genuine. Prosecution side prayed for rigorous imprisonment Defence side argued that the accused does not know anything about the notes he is falsely implicated. He prays for acquittal.
Referred law in Civil Case:
- Hindu Marriage Act, 1955
- Indian Evidence Act
Referred law in Criminal Case:
- Indian Penal Code,
- Criminal Procedure Code,
- Indian Evidence Act [CJS 2004]
