Daily MCQs for Judiciary Prelims Exams - (01 February 2024)

Question/ Answer

Question1:- Which one of the following statements is correct? Where a sentence of death has been commuted under section 433 into life imprisonment, such person shall not be released from prison unless he has undergone imprisonment for

(a) twenty years
(b) fourteen years
(c) twelve years
(d) ten years

Answer is B is correct. As per Section 433 (b) a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine. Therefore option (b) is the correct answer.

Question2:- The execution of death sentence can be postponed in case of

(a) Possibility of continuation in the Special Court
(b) Possibility of appeal in the Supreme Court and in case of pregnant woman
(c) Possibility of appeal in High Court and not in case of pregnant woman
(d) Possibility of confirmation by the Sessions Court

Answer is B is correct. Execution of death can only be postponed in appeal filed before Supreme Court as per Section 415 of the Act as well regarding a woman who is found pregnant as per Section 416 where High Court has power to commute the death sentence to imprisonment for life. Therefore option (b) is the correct answer.

Question3:- In which case Supreme Court recently held that High Courts can quash an FIR under Section 482 CrPC during the pendency of a petition, even if a charge sheet has been filed

(a) Abhishek v. State of Madhya Pradesh
(b) Balvir Singh v. State of Uttrakhand
(c) M. Sivadasan v. A. Soudamini
(d) Rajesh v. State of MP

Answer is A is correct. Supreme Court in Abhishek v. State of Madhya Pradesh clarified that High Court can quash an FIR under Section 482 of the Code during the pendency of petition, even if a charge sheet has been filed. Therefore option (a) is the correct answer.

Question4:- According to the recent Supreme Court Judgment when can the power under Section 323 CrPC be invoked by a Magistarte

(a) Only before the deposition or examination-in-chief of a witness
(b) Only during the final arguments of the case
(c) Only during cross examination of a witness
(d) Even after the disposition or examination-in-chief of a witness

Answer is D is correct. Supreme Court in Archana v. State of West Bengal (2023) stated that the power under Section 323 of the Code can be invoked by a Magistrate even after the deposition or examination-in-chief of a witness. Therefore option (d) is the correct answer.

Question5:- Recently Supreme Court held that a second petition under Section 482 CrPC is not maintainable if

(a) New grounds are raised
(b) Grounds were available during the filing of the first petition
(c) The first petition was dismissed
(d) The accused is not present during the hearing

Answer is B is correct. Supreme Court in Bhisham Lal Verma V. State of Uttar Pradesh and another, Special Leave Petition (2023) held that a second petition under Section 482 CrPC is not maintainable if the grounds were available during the filing of the first petition. Therefore option (b) is the correct answer.

Question6:- Which of the following act done by a Magistrate, not being authorized by law in this behalf, does not vitiate criminal proceedings as per Code of Criminal Procedure, 1973?

(a) Trying an offender summarily
(b) Attaching and selling property under Section 83 Cr.P.C.
(c) Taking cognizance of an offence under Section 109(1)(c) Cr.P.C.
(d) Recalling a case and trying it himself under section 410 Cr.P.C.

Answer is D is correct. Section 461 of the Act lays down the list when the act of the Magistrate will vitiate the criminal proceedings and as per Section 460 (h) recalling a case and trying it himself under Section 410 does not vitiate the proceedings. Therefore option (d) is the correct answer.

Question7:- The power of the Supreme Court to transfer cases and appeals from one High Court to another High Court can be exercised on an application by which one of the following—

(a) Registrar of the concerned High Court
(b) Attorney General of India and Advocate General
(c) Chairperson of the Bar Council of India
(d) Solicitor General of India

Answer is B is correct. Section 406 of the Act gives power to the Supreme Court to transfer cases from one High Court to another. Under Clause (2) of the provision the Supreme Court may act under this section only on the application of the Attorney-General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation. Therefore option (b) is the correct answer.

MCQ 01 February 2024

Daily MCQs for Judiciary Prelims Exams - (01 February 2024)

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