MCQ 16 January 2024

Daily MCQs for Judiciary Prelims Exams - (16 January 2024)



Question/ Answer
Question1:- Which provision deals with order to pay compensation under the Code
  • (a) Section 356
  • (b) Section 357
  • (c) Section 358
  • (d) Section 359
Answer is B is correct. As per Section 357 of the Act when a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied. Therefore option (b) is the correct answer.
Question2:- Victim compensation scheme under the Code of Criminal Procedure was inserted in which year?
  • (a) 2005
  • (b) 2009
  • (c) 2010
  • (d) 2013
Answer is B is correct. Section 357A which deals with victim compensation scheme was inserted by Act 5 of 2009 and which came into force on 31 st December 2009. Therefore option (b) is the correct answer.
Question3:- Compensation paid under Section 357A of Code of Criminal Procedure
  • (a) May be in addition to the payment of fine to victim under Section 326A-326DB
  • (b) Shall be in addition to the payment of fine to victim under Section 326A-326DB
  • (c) Shall not be in addition to the payment of fine to victim under Section 326A- 326DB
  • (d) May not be in addition to the payment of fine to victim under Section 326A- 326DB
Answer is B is correct. As per Section 357B of the Act compensation payable by the State Government under section 357A shall be in addition to the payment of fine to the victim under section 326A, section 376AB, section 376D, section 376DA and section 376DB of the Indian Penal Code. Therefore option (b) is the correct answer.
Question4:- Which provision deals with order to pay compensation in non-cognizable cases under the Code of Criminal Procedure
  • (a) Section 358
  • (b) Section 359
  • (c) Section 360
  • (d) Section 361
Answer is B is correct. Section 359 of the Act states whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such costs may include any expenses incurred in respect of process-fees, witnesses and pleader's fees which the Court may consider reasonable. Therefore option (b) is the correct answer.
Question5:- Who can be released on probation of good conduct or after admonition under the Code of Criminal Procedure
  • (a) Any person not under 21 years of age if convicted with fine only or with imprisonment for a term of seven years or less
  • (b) Any person not under 21 years of age or any woman is convicted of an offence not punishable with death or imprisonment for life and no previous conviction is proved
  • (c) Any person under 21 years of age or any woman is convicted of an offence not punishable with death or imprisonment for life and no previous conviction is proved
  • (d) Both (a) and (b)
Answer is D is correct. As per Section 360 of the Act order to release on probation of good conduct or after admonition when any person is not less than 21 years of age is convicted. Therefore option (d) is the correct answer.
Question6:- In cases tried by the Chief Judicial Magistrate he shall forward a copy of its or his finding and sentence to
  • (a) High Court
  • (b) District Court
  • (c) Court of Session
  • (d) Additional Session Judge
Answer is B is correct. As per Section 365 cases tried by the Court 162 of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held. Therefore option (b) is the correct answer.
Question7:- Right to appeal under Chapter XXIX of the Code
  • (a) Is a mere matter of procedure
  • (b) Is a substantive right
  • (c) Is a substantive law
  • (d) Is not a mere matter of procedure but a substantive law
Answer is B is correct. As per Section 372 of the Act no appeal shall lie from any judgment or order of a Criminal court except as provided for by this Code. In Garikapati Veeraya v. Subbaih Choudhry the court held that the right to appeal is not a mere matter of procedure but is a substantive right. Therefore option (b) is the correct answer.