MCQ 04 January 2024

Daily MCQs for Judiciary Prelims Exams - (04 January 2024)



Question/ Answer
Question1:- Who has the power to withdraw the powers conferred on any person or officer under the Code
  • (a) High Court
  • (b) State Government
  • (c) Both (a) or (b)
  • (d) None of the above
Answer is C is correct. Section 34 of the code provides withdrawal of the powers. Clause (1) states High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred by it under this Code on any person or by any officer subordinate to it. Therefore option (c) is the correct answer.
Question2:- Withdrawal of powers under the Code of Criminal Procedure is provided under which provision
  • (a) Section 30
  • (b) Section 32
  • (c) Section 33
  • (d) Section 34
Answer is D is correct. Section 34 of the code provides withdrawal of the powers. Clause (1) states High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred by it under this Code on any person or by any officer subordinate to it and clause (2) states any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred. Therefore option (d) is the correct answer.
Question3:- When a person is convicted of two or more offences and sentenced to more than one punishment
  • (a) Punishment to run parallel to one another
  • (b) Punishment to run concurrently to one another
  • (c) Punishment to run consecutively to one another
  • (d) Punishment to run contemporaneous to one another
Answer is B is correct. As per Section 31(1) when a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 71 of the Indian Penal Code (45 of 1860), sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently. Therefore option (b) is the correct answer.
Question4:- Mark the incorrect statement
  • (a) Court of Magistrate may award such term of imprisonment in default of payment of fine as is authorized by law not excess of the power of the Magistrate under Section 28
  • (b) where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine
  • (c) imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 29
  • (d) All are correct statements
Answer is A is correct. As per Section 30(1) (a) of the Code, Court of Magistrate may award such term of imprisonment in default of payment of fine as is authorized by law not excess of the power of the Magistrate under Section 29. Therefore option (a) is the correct answer.
Question5:- Mark the correct statement
  • (a) Any offence punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of eighteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960
  • (b) Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960
  • (c) Any offence punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960
  • (d) None of the above
Answer is B is correct. As per Section 27 of the Code, any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960 or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders. Therefore option (b) is the correct answer.
Question6:- Every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer, any information which he may possess is dealt under which section
  • (a) Section 37
  • (b) Section 39
  • (c) Section 40
  • (d) Section 45
Answer is C is correct. Section 40(1) of the Code states Every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer, any information which he may possess. Therefore option (c) is the correct answer.
Question7:- Mark the incorrect statement
  • (a) Any police officer may without an order from a Magistrate and without a warrant, arrest any person who commits, in the presence of a police officer an offence
  • (b) Any police officer may without an order from a Magistrate and without a warrant, arrest any person against whom a reasonable complaint has been made
  • (c) Any police officer may without an order from a Magistrate and without a warrant, arrest any person against whom a credible information has been received
  • (d) Where a police officer has a reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence
Answer is A is correct. As per Section 41(1) (a) of the Code, any police officer may without an order from a Magistrate and without a warrant, arrest any person who commits, in the presence of a police officer, a cognizable offence only and not non-cognizable offence. Therefore option (a) is the correct answer.

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