MCQ 6 Dec 2023

Daily Static MCQs for CLAT Prelims Exams - (6 December 2023)



According to Section 154 of the Code of Criminal Procedure, 1973 (CrPC), every information of a cognizable offence has to be reduced to writing by the officer in charge of a police station, where the information has been given. When Section 154 of CrPC deals with registration of FIR in case of a cognizable offence, Section 155 of CrPC takes care of the process of registration of the substance of information in case of a non-cognizable offence. From a combined reading nation in case of a non-cognizable of Sections 154 and 155, it is evident that whereas for registration of a non-cognizable offence, the territorial jurisdiction of the police station is a pre-requisite under Section 155(1) of CrPC, no such territorial jurisdiction can be an issue for registration of an FIR under Section 154. The Supreme Court in Lalita Kumar v. State of UP, inter alia directed registration of FIR irrespective of territorial jurisdiction through Zero FIR. It had advised that when it becomes apparent that even if the offence has been committed outside the jurisdiction of the police station, Zero FIR would be registered and the FIR will then be transferred to the appropriate police station as per Section 170 of CrPC. For registration of an FIR under Section 154, and forwarding of the same to the Magistrate under Section 157, it is not imperative that the offence must take place therein. However, once the investigation is over, if the investigating officer thinks at the conclusion that the cause of action has not arisen within his territorial jurisdiction, then he will forward the final report case to the magistrate concerned empowered to take cognizance. Under Section 406 of CrPC, the Apex Court can transfer any particular case or appeal from one High Court to another High Court or from one criminal court subordinate to one High Court to another criminal court of equal or superior jurisdiction subordinate to another High Court. After completion of investigation, the investigating officer can file a final report which may be a charge sheet or a closure report under Section 173 of CrPC. It is, therefore, evident that taking cognizance is the starting point of a judicial proceeding or a case. And till such time no cognizance is taken on the charge sheet, no judicial proceeding has said to have been commenced.

Question1:- Rhea, a social activist, was trying to protect the lands of the farmers from Majnu, the local businessman of her area. She was getting continuous death threats from him and so she went to the police station to register an FIR against Majnu. The police officer after hearing her complaint took immediate action and arrested Majnu for threatening Rhea. When Majnu was produced in front of the Magistrate, he claimed that his arrest was illegal as no FIR has been registered against him. He then filed a complaint against the police inspector for illegally detaining him. When Rhea was produced before the court, she said that no FIR has been registered by her. Whether the arrest is illegal or not?
  • A. The arrest of Majnu is legal because Rhea has informed the police inspector that Majnu was threatening to kill her and the inspector took immediate action to stop this from happening.
  • B. The arrest of Majnu is illegal because Rhea herself said in the court that she has not complained anything about Majnu and that no FIR has been registered by her.
  • C. The arrest of Majnu is legal because he was arrested due to a complaint giving information of a cognizable offence and it does not matter if it was recorded in writing or not.
  • D. The arrest of Majnu is illegal because the information given by Rhea was not recorded in writing by the police inspector to produce the first information report of the offence committed by Majnu.
Answer is D is correct. Acc. To section 154 of CrPc, 1973 provides that every information of a cognizable offence has to be reduced to writing by the officer in charge of a police station, where the information has been given. Hence, D is the correct option.
Question2:- Wahi was a big celebrity in India. So many people gathered almost every day outside his house to see him once. Richa has just shifted into the bungalow next to Wahi's house, at first, she ignored the ruckus created outside her house but after getting into a verbal fight with him it became almost intolerable for her. So, she decided to file a complaint against Wahi for creating nuisance every day. She went to the police station to register an FIR but the police officer informed her that he does not have jurisdiction in the matter as the offence committed here is non-cognizable. She therefore filed a complaint against the police officer for refusing to register the FIR. Decide which of the following is correct?
  • A. The police officer should be punished for refusing to register the FIR because the territorial jurisdiction to register the FIR does not matter in any case and he should have transferred the copy of FIR afterwards to the concerned police station.
  • B. The police officer should be punished for refusing to register the FIR because it was his duty to protect the Richa irrespective of which police station's jurisdiction she belongs.
  • C. The police officer should not be punished for refusing to register the FIR because the complaint of Richa was motivated by the fight and since it was not Wahi's fault that the ruckus was created outside her house.
  • D. The police officer should not be punished for refusing to register the FIR because he had no territorial jurisdiction to register the FIR filed by Richa.
Answer is D is correct. The territorial jurisdiction of the police station is a pre-requisite under Section 155(1) of Crpc. The alleged offence committed by Wahi was a non-cognizable one and since it was not committed in his territorial jurisdiction, he cannot register it. Hence, D is the correct option.
Question3:- . Simran was a college student and she fell in love with her professor, Raj. After trying a lot, she finally confessed it infront of her professor. He told her that he cannot accept her love proposal because she is his student and also, he is married. She was very upset after hearing this and shouted that she will do anything to get him, even if she has to kill his wife. Raj felt uneasy with this statement but decided to ignore it. After a week, his wife was murdered in their house when he went out of the city for some work. When he got the news, he immediately went to the police station to register the FIR against Simran but the police officer informed him that the area where the murder was committed is not under his jurisdiction. He therefore filed a complaint against the police officer for refusing to register the FIR. Decide.
  • A. The police officer should be punished for refusing to register the FIR because it is mandatory to register the FIR in case of cognizable offence and he should have transferred the FIR to the concerned police station after registering it as Zero FIR.
  • B. The police officer should not be punished for refusing to register the FIR because Simran's statement was made out of anger and it was not conclusive that she had murdered Raj's wife.
  • C. The police officer should be punished for refusing to register the FIR because the territorial jurisdiction to register the FIR does not matter in any case and it was his duty to protect Raj and his wife irrespective of which police station's jurisdiction they belong.
  • D. The police officer should not be punished for refusing to register the FIR because he had no territorial jurisdiction to register the FIR filed by Richa.
Answer is A is correct. The Supreme Court in Lalita Kumar vs. State of UP directed registration of FIR irrespective of territorial jurisdiction through Zero FIR. It had advised that when it becomes apparent that even if the offence has been committed outside the jurisdiction of the police station, Zero FIR would be registered and the FIR will be transferred to the appropriate police station as per section 170 of CrPc. Hence, A is the correct option.
Question4:- Rekha and Jaya were constantly involved in scuffles or arguments. Once, they went to the market and both of them liked the same saree. At first, they tried to convince each other to leave the saree, but when no conclusion was sought Jaya pushed Rekha from the balcony of the shop. She fell on the ground and died at the spot. Rekha's friend Alia rushed to the police station to inform the police. The police officer registered the FIR and started the investigation. After the investigation was concluded, he realized that the area where the cause of offence took place is not under his territorial jurisdiction. Which of the following statements is correct?
  • A. The investigation officer should forward the copy of the FIR to the concerned police station who is empowered to investigate the matter.
  • B. The investigation officer should forward the copy of FIR and the final report of his investigation to the concerned police station that is empowered to investigate the matter.
  • C. The investigation officer should forward the final report of his investigation to the concerned magistrate who is empowered to take cognizance of the offence committed.
  • D. The investigation officer should ask Alia to again inform the concerned police station and magistrate who is empowered to investigate and take cognizance of the offence respectively
Answer is C is correct. It is not imperative for registration of FIR that the offence must take place therein. However, once the investigation is over, if the investigation officer thinks at the conclusion that the cause of action has not arisen within his territorial jurisdiction, then he will forward the final report case to the magistrate concerned empowered to take cognizance. Hence, C is the correct option.
Question5 :- Jimmy and Jeetu were arch rivals in their business. Jeetu's friend informed him that Jimmy is planning something to decrease his reputation in the market. In order to avoid getting a bad name, he filed a complaint against Jimmy alleging that he is trying to kill him. After investigation it was found that Jimmy was not planning anything of this sort and he never threatened Jeetu to kill him. The investigating officer filed a closure report which implies that no evidence was found against Jimmy and so he is innocent. After 3 months, Jeetu was killed in a cold-blooded murder. His family pleaded that the judicial proceedings were initiated against Jimmy based on the FIR filed by Jeetu earlier. They also requested the court to punish Jimmy for his crimes and provide justice to Jeetu. Choose the correct option.
  • A. No judicial proceedings can be initiated against Jimmy based on the FIR filed by Jeetu earlier because the police had filed the closure report then and no cognizance can be taken on that. Unless the cognizance is taken, no judicial proceeding can be said to have been commenced.
  • B. Judicial proceedings can be initiated against Jimmy based on the FIR filed by Jeetu earlier because Jeetu in his FIR complained that Jeetu is trying to murder him which has ultimately happened and therefore the court should have taken cognizance.
  • C. Judicial proceedings can be initiated against Jimmy based on the FIR filed by Jeetu earlier because although no evidence can be found in the investigation before but then the murder of Jeetu proves it that Jimmy has committed an offence.
  • D. No judicial proceedings can be initiated against Jimmy based on the FIR filed by Jeetu earlier because a new FIR has to be filed against Jimmy and based on that report can be filed by the police again to initiate the proceedings.
Answer is A is correct. After completion of investigation, the investigating officer can file a final report which may be a charge sheet or a closure report under Section 173 of Crpc. It is, therefore evident that taking cognizance is the starting point of a judicial proceeding and till such time no cognizance is taken on the chargesheet, no judicial proceeding has said to have been commenced. Hence, A is the correct option.

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