30 Important Questions of Code of Criminal Procedure, 1973 [With Answers]

30 Important Questions of Code of Criminal Procedure, 1973 of previous examinations taken from the various Indian States, Judiciary exams. Practice them and comment with your score in the comment box and also suggest the next topic on which you want the next post from the Legal Thirst. We have posted all the questions along with the answers.

1. The Provision of Code of Criminal Procedure, 1973 other than those relating to chapter VIII, X and XI, thereof shall not apply in which of the following

• State of Tripura
• State of Assam
• State of Meghalaya
• State of Nagaland

Ans. (d)

2. ‘Victim’ is defined in the code of Criminal Procedure Under

• Section 2(v)
• Section 2(wa)
• Section 2(wb)
• Section 2 (t)

Ans (b)

3. Inquiry under the Code of Criminal Procedure is conducted by-

• Magistrate Only
• Police Officer
• Sessions Court
• Magistrate or Court

Ans. (d)

4. Point out the incorrect response under the Cr.P.C. [HJS 2017, UJS 2002, H.P. JS 2015]

• Inquiry is conducted by a Court
• Inquiry is conducted after framing of the charge
• Inquiry is conducted by a magistrate
• Inquiry is conducted prior to framing of the charge.

Ans (b)

5. Under the Scheme of Criminal Procedure non-cognizable offenses are

• public wrongs
•  private wrongs
•  both public and private wrongs
•  none of the above

Ans. (b)

6. Under which section of the Code of Criminal Procedure, 1973 the term “offense” has been defined? [U.P. Cj 2012, 2015, UJS 2012, OJS 2016]

• Section 40
• Section 2(n)
• Section 2 (w)
• None of the Above

Ans. (b)

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7. A complaint may relate to:

• A cognizable offence
• A non-cognizable offence
• Both (a) & (b) are correct
• Must be for a non-cognizable offence as the police have no power to investigate such an offence.

Ans. (c)

8. ‘Complaint’ means: —

• Any allegation made orally or in writing to a police officer
• Any allegation made orally or in writing to a Magistrate to take action against known or unknown person who has committed an offence.
• Police Report
• Charge

Ans. (b)

9. Which one of the following is not correct in respect of the term ‘Victim’ under section 2(wa) of the Code of Criminal Procedure?

• Who suffers any loss
• Who suffers any injury
• Does not include guardian but legal heir
• Includes guardian as well as legal heir

Ans. (c)

10. Which of the following is the correct answer?
I. Provision of Cr. P.C. do not apply to the state of Jammu & Kashmir
II. All the provisions of Cr.P.C. do not apply to the state of Nagaland.
Choose the correct answer:

• Only (i) is correct
• Only (ii) is correct
• Both (i) and (ii) are incorrect
• Both (i) and (ii) are correct

Ans. (a)

 11. Which of the following statements is/are true?

• Inquiry means every inquiry including a trial conducted under the Code of Criminal Procedure by a Magistrate or Court.
• Inquiry means every inquiry other than a trial conducted under the Code of Criminal Procedure by a magistrate or court.
• Investigation includes all the proceedings under the Code of Criminal Procedure for the collection of evidence conducted by a magistrate.
• All of these

Ans. (b)

12. Permission to investigate into a non-cognizable offence can be granted by a: —

•  A magistrate in any court of India.
• A magistrate in any part of State.
• Magistrate having jurisdiction to try the case
• Sessions Judge

Ans. (c)

13. As per the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), w.e.f. 31.12.2009, which inserted clause (wa) in se4ction 2 in Cr.P.C. defining ‘victim’ as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged includes: —

• Victim’s guardian only
• Victim’s guardian and legal heir
• Victim’s neighbor
• Victim’s close friend

Ans. (b)

14. Complaint Under Section 2(d) can be: —

• Written
• Oral
• Written or Oral
• None of these

Ans. (c)

15. ‘Public Prosecutor’ under section 2 (u) of the Cr.P.C. means and includes: —

• Any person appointed under section 24 of Code of Criminal Procedure
• Any person acting under the direction of a Public Prosecutor
• Both (a) & (b)
• None of the3 Above

Ans. (c)

16. “Summons Case” means a case relating to an offence, punishable with: —

• Death
• Imprisonment for life
• Imprisonment for a term exceeding two years
• Imprisonment for a term not exceeding two years.

Ans. (d)

17. Which of the following has been specifically excluded from the definition of a complaint under section 2(d) of the Code of Criminal Procedure, 1973?

• Protest Petition
• Joint Complaint
• Police report
• None of the above

Ans. (c)

18. The code of Criminal Procedure, 1973 came into force on: —

• 1^st January, 1974
• 24^th January, 1974
• 25^th January, 1974
• 1st April, 1974

Ans. (d)

19. The statement made under section 161, Cr PC. during the investigation of cross-case is

• always admissible in the main case
•  be admissible in the main case
• not at all admissible in the main case
• admissible in the main case with the leave of the court

Ans. (c)

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20. Delay in dispatching  the FIR to the Magistrate under section 157 of Cr PC

• shall always throw out the prosecution case in its entirety
• shall never be a circumstance providing a legitimate basis for suspecting the FIR
• may or may not be a circumstance providing a legitimate basis for suspecting the FIR depending on the facts and circumstance brought on record
• either (b) or (c).

Ans. (a)

21. A confessional statement under section 164 of Cr PC can be recorded

• during the course of investigation only & not afterward
• during the course of an investigation or at any time afterward before the commencement of inquiry or trial
• during the investigation as well as during inquiry but before the commencement of trial
• during the investigation, inquiry or trial

Ans. (b)

22. Section 93(3) of Cr PC provides that No Magistrate other than a District Magistrate or Chief Judicial Magistrate shall issue a warrant of a search for document, parcel or other things in the custody of postal & telegraph authority. If any Magistrate not so specified issues such a warrant

• the search proceedings shall be void
• the search proceedings shall be voidable if challenged, at the instance of a person aggrieved
• shall remain valid
• none of the above

Ans. (a)

23. A Metropolitan Magistrate has the power to pass sentence, as provided under section 29 of Cr PC

• any sentence authorized by law except a sentence of death, or
• imprisonment for life or of imprisonment for a term exceeding seven years
• imprisonment for a term not exceeding three years and fine not exceeding Rs.10,000
• imprisonment for a term not exceeding one year and fine not exceeding Rs.1,000

Ans. (c)

24. It is mandatory to produce the person arrested before the Magistrate, within 24 hours of his arrest, under

• section 56 of Cr PC
• section 57 of Cr PC
• section 58 of Cr PC
• section 59 of Cr PC

Ans. (b)

25. The word ‘statement’ within the meaning  of section 162 of Cr PC, means

• narration
• signs and gestures
• both (a) and (b)
• only (a) and not (b)

Ans. (c)

26. Under section 172 of Cr PC, it is mandatory for every investigating officer to maintain a case diary. The said case diary can be used, during trial

• by the court
• by the police officer making a statement during the trial to refresh his memory
• by the accused to a very limited extent
• all the above.

Ans. (d)

27. In a case triable by a Magistrate as a summons case, the investigation cannot be continued under section 167(5) of Cr PC.

•  beyond a period of six months from the date of arrest of the accused
• beyond a period of six months from the date of commission of the offence
• beyond a period of maximum term of imprisonment prescribed for the offence from the date of arrest of the accused
• beyond a period of maximum term of imprisonment prescribed for the offence from the date of commission of the offence.

Ans. (a)

28. Section 125 of Cr PC is applicable to

• Hindus
• Muslims
• Christians
• all persons belonging to all religions

Ans. (d)

29. Under the scheme of Cr PC the original jurisdiction to take cognizance of an offence is vested in

• the court of sessions
• the court of Magistrate
• the High court
• all the above

Ans. (b)

30. The provisions of section 195 of Cr PC require

• a complaint in writing
• an oral complaint
• either (a) or (b)
• neither (a) nor (b)

Ans. (a)