MCQ 17 January 2024

Daily MCQs for Judiciary Prelims Exams - (17 January 2024)



Question/ Answer
Question1:- Which provision deals with appeals from conviction under the Code of Criminal Procedure
  • (a) Section 372
  • (b) Section 373
  • (c) Section 374
  • (d) Section 375
Answer is C is correct. Section 374 deals with appeals from conviction, wherein any person convicted on a trial held by a High Court in its extraordinary original jurisdiction may appeal to the Supreme Court. Therefore option (c) is the correct answer.
Question2:- A is prosecuted for the offence of murder. Before the pronouncement of judgment, the Public Prosecutor seeks permission from the Sessions Judge for withdrawal from prosecution. Is the Sessions Judge bound to give consent to the Public Prosecutor for withdrawal from prosecution?
  • (a) No the Sessions Judge is not bound to give consent for withdrawal from prosecution under Section 321 of the Act
  • (b) Yes the Sessions Judge is bound to give consent for withdrawal from prosecution under Section 321 of the Act
  • (c) No the Sessions Judge is not bound to give consent for withdrawal from prosecution under Section 322 of the Act
  • (d) No the Sessions Judge is not bound to give consent for withdrawal from prosecution under Section 323 of the Act
Answer is A is correct. Under Section 321 of the Act, the Sessions Judge is not bound to give consent for withdrawal from prosecution. It is notable that the court is not bound to give consent in all circumstances. Therefore option (a) is the correct answer.
Question3:- Raju is tried by a Court of Session and he is convicted. The Court passes a sentence of imprisonment for two months and for Rs. 200 as fine. Raju wants to file an appeal in the High Court against his conviction
  • (a) Appeal can be filed to High Court as against the order of Court of Session as per Section 374
  • (b) Appeal cannot be filed to High Court in this case as per Section 376
  • (c) Appeal can be filed to High Court where right to appeal certificate is approved by the High Court as per Section 367
  • (d) Appeal cannot be filed to High court as per Section 375
Answer is B is correct. As per Section 376 of the Act an appeal is not maintainable in petty cases, if the Court of Session passes only a sentence of imprisonment for a term not exceeding 3 months or fine not exceeding Rs. 200 or of both. Therefore option (b) is the correct answer.
Question4:- In which provision appeal in case of acquittal is provided under the Code of Criminal Procedure
  • (a) Section 376
  • (b) Section 377
  • (c) Section 378
  • (d) Section 379
Answer is C is correct. Appeal in case of acquittal is provided under Section 378 wherein District Magistrate or State Government may direct the Public Prosecutor to appeal as against any order of acquittal. Therefore option (c) is the correct answer.
Question5:- Appeal can be made against the conviction order passed by the High Court in
  • (a) When on appeal reversed an order of conviction
  • (b) When on appeal ordered conviction of death sentence or imprisonment of life imprisonment only
  • (c) Both (a) and (b)
  • (d) None of the above
Answer is D is correct. As per Section 379 of the Act where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court. Therefore option (d) is the correct answer
Question6:- Mahendra had undergone 5 years of detention during the investigation, inquiry and trial. High Court later passed an order of life imprisonment.
  • (a) Detention undergone during investigation, inquiry and trial would be set off as per Section 428(1)
  • (b) Detention undergone during investigation, inquiry and trial would not be set off as per Section 430
  • (c) Detention undergone during investigation, inquiry and trial would be set off as per Section 429
  • (d) Detention undergone during investigation, inquiry and trial would not be set off as per Section 428
Answer is D is correct. Supreme Court in Kartar Singh v State of Haryana held that the rule of set off regarding imprisonment would not apply in case of life convicts. In the given facts detention of 5 years undergone by Mahendra would not be set off. Therefore option (d) is the correct answer.
Question7:- X having reason to believe that he may be arrested on an accusation of having committed offence of voluntarily causing grievous hurt, makes an application for anticipatory bail
  • (a) Application will be accepted as per Section 438
  • (b) Application will be accepted being a bailable offence as per Section 438A
  • (c) Application will be rejected as being non-bailable offence as per Section 438
  • (d) Application will be rejected as being bailable offence as per Section 438
Answer is D is correct. As per Section 438 of the Act which makes provision for anticipatory bail, it states that bail can be granted by the High Court or Court of Sessions when a person has reasonable apprehension of arrest in respect of a non-bailable offence. Therefore option (d) is the correct answer.

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