When a report is forwarded by the police under Section 173(2)(i) with the conclusion that an offence appears to have been committed by a particular person or persons, which of the following courses would not be open to the Magistrate-

If, in a complaint case it is made to appear to Magistrate that an investigation by the police is in progress in relation to the same offence, which of the following order(s) a Magistrate may pass under Section 210 of Code of Criminal Procedure, 1973?
1. Return the complaint to be re-filed after police investigation
2. Stay the proceeding of inquiry or trial on such complaint
3. Call a report from the Investigating Officer
4. Refer the complaint for investigation by police
5. Refer the complaint to Chief Judicial Magistrate

A

3 and 4

B

2 and 5

C

2 and 3

D

2 only

E

None of the above

10 persons were charged for offence under section 302/149 of Indian Penal Code which has been committed by only one person, and out of the 10, nine except the one who actually committed the offence, were acquitted, the person who actually committed the offence

A

Cannot be convicted for offence under section 302/149 of Indian Penal Code

B

Cannot be convicted for offence under section 302 of Indian Penal Code

C

Cannot be convicted for offence under section 149 of Indian Penal Code

D

Can be convicted for offence under section 302 of Indian Penal Code

PRINCIPLES: 1. Nothing is an offence which is done in the exercise of the right of private defense.
2. When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of that person or by reason of misconception on the part of that person, every person has the same right of private defense against that act, which he would have if that act were an offence.
3. Everyone has the right to defend their life and property against criminal harm provided it is not possible to approach public authorities and more harm than that is necessary has not been caused to avert the danger.
4. If in the exercise of right of private defense against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defense extends to the running of that risk.
5. The right of private defense continues as long as apprehension of danger continues.
FACT: A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a housebreaker, attacks A.

A

A has no right of private defense because it is available against an offender only

B

A has the same right of private defense against Z, which he would have had if Z was not acting under a misconception

C

A has exceeded his right of private defense

D

None of the above

Consider the following statement(s).
A police officer has the power to arrest any person without an order from a magistrate or warrant of arrest, if he has reason to suspect his complicity in a cognizable offence punishable with imprisonment which may extend to seven years, provided that he is satisfied for reasons in writing that such arrest is necessary
1. To prevent such person from committing any further offence.
2. For proper investigation of the offence.
3. To prevent such person from tampering with or causing the evidence of the offence to disappear.
4. To compel the absconding co-accused to surrender.
Which of the statements given above are correct?

A

1 and 2

B

2 and 3

C

1, 2 and 3

D

1, 2, 3 and 4

Sister of Ram Prakash married a person belonging to another caste. The marriage was not approved by some influential members of the community of Ram Prakash. They influenced the members of the community to excommunicate the family of Ram Prakash. However later on the caste leaders asked Ram Prasad to give Rs. one lac to the community as a penance and only then his family would be admitted in the community. But Ram Prasad instead of delivering money files an F. I. R. (First information Report) The community leaders who demanded money claimed no offence has been committed as Ram Prasad was guilty of violating community rules and in fact no money has actually been delivered. What offence, if any, has been committed by the community leaders?

A

No offence

B

Extortion

C

Attempt to commit extortion

D

Attempt to commit criminal misappropriation

Which of the following distinguishes section 34 of Indian Penal Code from section 149, Indian Penal Code?
1. Section 149 creates a substantive offence whereas section 34 does not create an offence.
2. Section 149 requires common object whereas section 34 requires common intention.
3. Section 149 requires five or more persons whereas section 34 requires two or more persons.
Select the correct answer:

A

1, 2 and 3

B

1 and 3

C

2 and 3

D

1 and 2

Directions : Following question consists of a statement followed by three arguments I, II and III . You have to decide which of the arguments is a STRONG arguments and which is a WEAK Argument.

Statement : Should all the students graduating in any discipline desirous of pursuing post-graduation of the subjects of their choice be allowed to enrol in the post-graduate courses?

Arguments :
I. Yes. The students are the best judge of their capabilities and there should not be restrictions for joining post-graduate courses.
II. No. The students need to study relevant subjects in graduate courses to enrol in post-graduate courses and the students must fulfil such conditions.
III. No. There are not enough institutes offering post-graduate courses which can accommodate all the graduates desirous of seeking post-graduate education of their own choice.

A

None is strong

B

Only I and II are strong

C

All are strong

D

Only I and III are strong

E

None of these

Upon the report being forwarded under section 173(2) of Criminal Procedure Code to the Magistrate for dropping of proceedings, before deciding not to take cognizance the Magistrate

A

Must give notice to and provide the informant an opportunity of being heard

B

Need not give notice to and provide the informant an opportunity of being heard at all

C

Nay or may not give notice to and provide the informant an opportunity of being heard, depending on the facts and circumstances

D

Both B and C

If an accused is charged of a major offence, but on the facts established he cannot be held guilty of that major offence. At the same time the facts established indicates that the minor offence has been committed, the person so tried for major offence can be convicted for such minor offence, it has been so provided

A

Under Section 220 of Criminal Procedure Code

B

Under Section 223 of Criminal Procedure Code

C

Under Section 222 of Criminal Procedure Code

D

Under Section 221 of Criminal Procedure Code

Carefully read following statements:
1. According to Section 34 of Indian Penal Code, requirement is of two persons, whereas under Section 149 of Indian Penal Code, requirement is of five persons.
2. According to Section 34 of Indian Penal Code, common intention is required whereas under Section 149 Indian Penal Code, common object is required
3. Previous consent is required under Section 34 & 149 of Indian Penal Code
4. Section 34 of Indian Penal Code and Section 149 of Indian Penal Code constitutes a specific offence
Which of the above statements is true:

A

1 and 3

B

2 and 3

C

1 and 2

D

2 and 4

When a report is forwarded by the police under Section 173(2)(i) with the conclusion that an offence appears to have been committed by a particular person or persons, which of the following courses would not be open to the Magistrate-

Related Questions