IMPORTANT QUESTION ON CR.P.C.
01. Weather magistrate has power to pass order for registration of FIR ?
Ans yes magistrate is empowered under section 156 (3) crpc can direct the SHO to register the FIR.
02. What is Remand (167) difference between Judicial Custody & Police Custody
A. Procedure when investigation cannot be completed in 24 hours fixed by the section 61 Cr. P C and there are grounds for believing that the accusation or information is well founded, the officer in charge of police station or police officer making the investigation shall forth with transmit to the nearest magistrate.
B. There are two types of remands
01. Judicial remand: means accused is sent to the judicial custody or judicial lock up.
02. Physical remand: means accused is given in the custody of police for the further investigation.
03. Define Charge & its Stages? Can a person charged with one offence be convicted of another offence if so?, when ?Alteration and modification charge?
A. A charge is the precise formulation of specific accusation made against the person. The object of the charge is to enable the accused the know the particular accusation made against him in order to meet and to be ready for them before evidences given as to make him able to meet his defence.
B. Particulars of the charge:
01. Specific name of the offence
02. Law or section of the law with which the offence is alleged have been committed
03. Time and place of the offence and the person against whom or the thing it was committed.
04. Data of the previous conviction for which punishment shall be enhanced.
C. The general rule is that accused cannot be convicted of an offence which he was not charged. The cased in which a person is charged of one offence still he can be convicted of another offences or exception to this general rule. These exceptions are provided in sections 237 and 238 of CrPC.
D. Police cannot amend the charge on their own and submit challan under without the approval of prosecution department. (1991 PCR LJ 723)
04. Can a person be charged in multiple cases?
A. Yes. General rule is that for every distinct offence of which any person is accused there shall be a separate charge; every such charge shall be tried separately.
The separate charge for distinct offences: mentioned section 233
05. Can a person be charged if his name is not mentioned in charge sheet, Provision?
A. Any person may give an application under section 190 to the magistrate to take cognizance of offence and charged the accused. And further more it is provided in the Cr PC under the title amendment in charge governed
06. Under what provision final report is submitted by police?
A. Final report is submitted under section 173 Cr. P C
07. What is Appeal?
A. Right of carrying a particular case from inferior court to superior court for ascertaining sustainability of judgement.
08. Can a Judicial Magistrate acquit accused at any time during the pendency of Trial? What is remedy against 249-A order?
A. Under Section 249-A A magistrate has a power to acquit an accused at any stage during the pendency of the trail. As 249-A is not the final order because magistrate can recall him on the basis of evidence.
B. If person is acquitted under section 249-A any person being aggrieved by the said order may file an acquittal appeal under section 417 before the High Court. No revision shall lie from said order.
09. Difference between 249 & 249- A?
A. Under section 249 magistrates may stop the proceeding when no complainant appears before the court. In the same way under section 249-A magistrate has the power to acquit the accused at any stage during the pendency of the trail.
B. Under section 249 once an accused discharged can be charged again. But under section 249-A magistrate can acquit the accused on the basis of evidence at any stage.
10. Whether order under section 249-A is final?
A. Order under 249-A is not final order. Magistrate has power to recall the accused on the basis of evidences established. An appeal can be filed against such order under 417 Cr.P.C
B. For example: If there are three accused and one of them was not found guilty then magistrate can acquit him at that stage of the proceeding and has power tio recall him when required.
11. Under what provisions appeal against acquittal is filed?
A. Acquittal appeal is filed under section 417.
B. Limitation: 30 Days. No special leave to appeal from an order of acquittal shall be entertained by HC after the expiry of 60 days from the date of that order (Government)
C. If in case of application for grant of special leave to appeal from an order of acquittal is refused no appeal from that order of acquittal shall lie
D. Power of appellate to punish, remand.......additional evidence (428)
E. Acquittal appeal once filed cannot be withdrawn.
12. What is the limitation period for appeal against acquittal
A. 30 days for private person and 60 days for government
13. Is there any Difference in appeal against acquittal filed by prosecution and complainant in Procedure?
A. Any aggrieved can file appeal against acquittal. There is limitation time for filing an appeal. As there is no sound difference between them.
14. Define Bail, Grounds for Grant & Rejection?
A. To give or deliver the accused in the hands of sureties. (496)
B. Granting of bail in bailable offences is a right of accused.
01. Right
C. Non bailable
01. It is given when no reasonable grounds for the commission of offence.
02. Any person under the age of 16 years, sick or infirm person, a woman.
03. It is provided as a matter of concession and not as a matter of right.
15. What is Habeas Corpus, where is it filed? Difference between 491 &199?
A. 199 is the constitutional remedy. Remedy under section 491, session judge and HC have power to give remedy. It is a procedural remedy.
B. Habeas corpus can be filed when life of person is in peril/danger. Issued in the case of illegal detention/unlawfully imprisoned.
C. Can be issued when a post card sent to judge by victim or his relative.
D. Habeas corpus means produce the body.
E. This keeps a government from imprisoning people unlawfully. Even given condition of the jail is poor and prisoner suffer.
F. It is filed in the Session Court and High Court.
16. Habeas Corpus is filed in District court or High Court?
A. In both courts.
17. What are the cases in which Habeas corpus can be filed against father?
A. Habeas Corpus under section 491 HC has got jurisdiction in matters pertaining to the custody of minors of tender age and it can be issued against the father and it is the speedy and appropriate remedy because mother’s first right to hold custody of minor in Islam it is also known as HIZANAT.
B. Case of the Japanese Lady: In this case honourable court observed that mother’s cradle is god’s cradle and unless she is disqualified her first right of custody stands fully established. Jurisdiction can be exercised under article 199 of the constitution as well as under section 491 crpc HIROKU_Muhammad v/s Muhammad Latif 1994 MLD 1682.
C. Recently case of minor Japanese daughter given to her mother in preference to Muslim father 1999 CLC 1202.
18. Whether Justice of peace can take special oath from any party?
A. No. He does not have powers to do so.
19. Once complaint dismissed /withdrawn ?can be filled again, Procedure?
A. In the cases where complaint is made against the relative and there after compromise made cannot be withdrawn without the permission of court.
B. Yes complain can be made again after the dismissal provided under section........
20. Narrate the procedure when accused died during the trail of case?
A. It is the principle in the criminal that personal action dies with the person. Therefore trail would end with the death of the accused.
21. Accused convicted for 5 years in offence of 302 with fine, Filled appeal, seeking suspension of sentence and grant of Bail, can same sentence be dismissed or not?
A. District judge can take the cognizance of the case as punishment under 302 is life imprisonment.
22. Application filed under section 544 Cr.pc to call eye witness/army officer to trial court, he refused, Remedy?
A. Court can call any person as witness to meet the ends of justice under session 544.
23. Can statement of accused 342 be treated as confessional statement?
A. No. Because the statement under section 342 is an answer against the allegation and question put to him by the judge if he admits the allegation then he shall be forwarded to the magistrate for recording the confessional statement under section 164 read with 364. Statement under 342 recorded by the concerned judge in whose court case is pending. While the confessional statement is always recorded by magistrate under section 164 read with 364.
24. In Criminal case on who burden of proof lies, What are the exemptions of burden of proof in criminal cases?
A. In criminal cased Burden of proof always lies on the prosecution but there are some exception to this rule which are given under
01. Plea of albi
02. Self defence
03. Insanity
04. Dishonouring of cheque.
In above mentioned cases burden of proof shifts on accused.
25. Can a private person arrest anyone?
A. Yes for the sake of preservation of peace if any individual whose sees it broken may restrain the liability of the person whom he sees the breaking it , as long as his conduct shows that public peace is likely to be endangered by this act.
26. 161? Difference between 161and 164?
A. Section 161 provides that police officer making an investigation may examine any person orally acquainted with the facts and circumstances of the case and such person shall be bound to answer all questions relevant to case except questions the answer to which would tend to expose him to criminal charge or to penalty or forfeiture.
B. The statement under 161 is not signed by the person making it.
C. The statement under 164 is always recorded by the magistrate it may be confessional statement or it is self explanatory matter. A confession may be recorded by any magistrate. This statement cannot always dealt as confessional statement.
D. Statement under 364 is also recorded by magistrate in which procedure for the examination is given. In case he is making confessional statement.
27. Criminal conspiracy and its punishment?
A. Criminal conspiracy is defined under section 120-A PPC which says when two or more persons agreed to do or cause to be done
01. An illegal act or
02. An act which is not illegal by illegal means, such n agreement is designated a criminal conspiracy
03. Punishable with death or impoundment of life or rigorous punishment for a term of 2 years or upward and per crime abetted.
28. Abetment and its punishment?
A. 06 months punishment
29. Criminal remedy in dishonouring of cheque?
A. Criminal remedy against the dishonouring of the cheque is given in 489-F which says whoever dishonestly issues a cheque towards repayment of a loan or fulfilment of an obligation which is dishonoured on the presentation, shall be punishable with imprisonment extend to 03 years, with fine or with both unless he can establish, for which the burden of proof shall rest on him that he had made arrangements with his bank to ensure that the cheque would be honoured and that banks was at fault in not honouring the cheque.
30. Procedure of illegal dispossession?
A. A complaint is filed before session judge under section 3, 5, and 7 of illegal dispossession act, 2005 before the session court.
31. What are the remedies if SHO does not register the FIR?
A. An application under 22-A (6) clause 1 and 3 (by Justice of peace) and application under section 156 (3) before magistrate. And direct complaint 200 crpc.
32. What is the difference between F.I.R & Challan?
A. It is first information report dealt in section 154 Cr. P C. It is not a substantive piece of evidence. Its objective is to put law in motion.
B. Challan is mentioned in 173 Cr P C. When the investigation report is completed the station officer shall submit a report to magistrate to take the cognizance of the office is known as Challan. It contains 07 columns
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