MCQ 15 January 2024

Daily MCQs for Judiciary Prelims Exams - (15 January 2024)



Question/ Answer
Question1:- In a case tried summarily by a Metropolitan Magistrate, a sentence for six months imprisonment of accused is passed by him. Is the sentence legal?
  • (a) Sentence is legal as per Section 260(1) of CrPC
  • (b) Sentence is not legal as per Section 261(3) of CrPC
  • (c) Sentence is not legal as per Section 262(2) of CrPC
  • (d) Sentence is legal as per Section 262(1) of CrPC
Answer is C is correct. As per Section 262(2) no sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under summary trial. Passing a sentence for 6 months is hence not valid and legal. Therefore option (c) is the correct answer.
Question2:- A, a sessions Judge Confers power upon B, a 1 st class judicial magistrate to conduct a case summarily. Is the order of the Sessions Judge conferring power upon him valid?
  • (a) No the order of the Session Judge is not valid as per Section 260(1)(b)
  • (b) No the order of the Session Judge is not valid as per Section 260(1)(a)
  • (c) No the order of the Session Judge is not valid as per Section 260(1)(c)
  • (d) No the order of the Session Judge is not valid as per Section 260(1)(d)
Answer is C is correct. According to Section 260(1)(c) any magistrate of 1 st class can try a case in summary manner if he is specially empowered by the High Court. Thus Session Judge has no authority to empower him. Therefore option (c) is the correct answer.
Question3:- A, a complainant wants to withdraw a complaint, filed against the accused B in case of ‘warrant trial’
  • (a) Yes he can withdraw the complaint as per Section 256 of CrPC
  • (b) No he cannot withdraw the complaint as per Section 257 of CrPC
  • (c) Yes he can withdraw the complaint on the compromise agreement between the parties as per Section 258 of CrPC
  • (d) No he cannot withdraw the complaint as per Section 259 of CrPC
Answer is B is correct. Code of Criminal Procedure does not make any provision for withdrawal of complaint in warrant cases though section 257 deals with withdrawal of cases in summons trial. Therefore option (b) is the correct answer.
Question4:- Rahul and Raj are being tried for the murder of Chitrang. During trial, it appears to the court from evidence adduced that Dheeraj was also in the conspiracy along with Rahul and Raj for the muder of Chitrang. Can Dheeraj be made accused by the trial court
  • (a) Yes Dheeraj can be made accused by the trial court as per Section 319
  • (b) No Dheeraj cannot be made accused by the trial court as per Section 319
  • (c) Dheeraj can be made accused by the trial court on the consent of High Court as per Section 319
  • (d) Dheeraj can be made accused by the trial court on the consent of Session Court as per Section 319
Answer is A is correct. Section 319(1) states that where in the course of trial of an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the court may proceed against such person for the offence which he appears to have committed. Therefore option (a) is the correct answer.
Question5:- Is an offence created by a special law compoundable
  • (a) Yes it is compoundable
  • (b) Yes it is compoundable with the consent of the court
  • (c) Yes it is compoundable with the consent of the concerned person
  • (d) No it is not compoundable
Answer is D is correct. As per Section 320(9) of the Act and Trikamdas Udeshi v. Bombay Municipal Corporation it was held that an offence created by a special law is non-compoundable. Therefore option (d) is the correct answer.
Question6:- Provision as to accused person of unsound mind is dealt under which chapter of the Code
  • (a) Chapter XXV
  • (b) Chapter XXVI
  • (c) Chapter XXVII
  • (d) Chapter XXVIII
Answer is A is correct. Chapter XXV of the Act deals with provision as to accused person of unsound mind. It lays down the procedure thereof. Therefore option (a) is the correct answer.
Question7:- Judgment in every trial in any criminal court or original jurisdiction shall be pronounced in open court by the presiding officer immediately after the termination of the trial or at some subsequent trial or some subsequent time of which notice shall be given to the parties or their pleaders
  • (a) By delivering the whole of the judgment
  • (b) By reading out the whole of the judgment
  • (c) By reading out the operative part of the judgment
  • (d) All of the above
Answer is D is correct. As per Section 353 of the Act The judgment in every trial in any Criminal Court or original jurisdiction shall be pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders (a) by delivering the whole of the judgment or (b) by reading out the whole of the judgment or (c) by reading out the operative part of the judgment and explaining the substance of the judgment in a language which is understood by the accused or his pleader. Therefore option (d) is the correct answer.

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