Daily MCQs for Judiciary Prelims Exams - (02 February 2024)

Question/ Answer

Question1:- Section 311-A of Code of Criminal Procedure empowers the Magistrate of First Class to

(a) Summon material witness
(b) Postpone or adjourn proceedings
(c) Order person to give specimen signatures
(d) Visit and inspect any place in which an offence is alleged to have been committed

Answer is C is correct. Section 311A of the Act deals with power of the first class Magistrate to order persons including accused person to give specimen signatures and handwriting. Therefore option (c) is the correct answer.

Question2:- What is the effect of compounding of offence under section 320 Cr.P.C.:—

(a) Discharge
(b) Conviction
(c) Acquittal
(d) Releasing on probation of good conduct

Answer is C is correct. As per Sub-section (8) of Section 320 the composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded. Therefore option (c) is the correct answer.

Question3:- Under which section of Cr.P.C. an accused person can himself be a competent witness?

(a) Section 315
(b) Section 300
(c) Section 313
(d) Section 317

Answer is A is correct. As per Section 315 of the Act any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial. Therefore option (a) is the correct answer.

Question4:- In the case of an accused facing inquiry or trial though not of unsound mind but not capable of understanding the proceedings:

(a) the court shall proceed with the inquiry or trial;
(b) the court shall not proceed with the inquiry or trial;
(c) the court may proceed with the inquiry or trial after obtaining necessary orders from the High Court;
(d) the court may proceed with inquiry or trial and in the case the same results in conviction, forward the proceeding to the High Court along with a report on which High Court shall pass such orders as deemed fit.

Answer is D is correct. If the accused, though not of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit as per Section 318. Therefore option (d) is the correct answer.

Question5:- Classification of compoundable and non-compoundable offences has been provided under Cr.P.C. in:

(a) First Schedule
(b) Second Schedule
(c) Section 321 Cr.P.C.
(d) Section 320 Cr.P.C.

Answer is D is correct. Classification of compoundable and non-compoundable is provided under Section 320 which talks about when an offence can be compounded by the party itself and when it can be compounded with the consent of the court. Therefore option (d) is the correct answer.

Question6:- ‘A’ faced trial for cheating ‘Z’ by dishonestly inducing him to lend money by knowingly pledging fake diamonds. ‘Z’ died during trial and was survived by a son ‘X’. ‘X’ moved an application in the Trial Court to compound the offence. Which of the following is the correct legal preposition?

(a) ‘X’ is not competent to compound the offence.
(b) On the death of complainant ‘Z’, the trial proceedings shall abate.
(c) Court cannot entertain such an application after death of the complainant.
(d) ‘X’ can compound the offence with the consent of the Court.

Answer is D is correct. As per Section 320 of the Act X can only compound the offence with the consent of the court only and not otherwise. Therefore option (d) is the correct answer.

Question7:- There shall be no appeal by a convicted person where a Chief Judicial Magistrate imposes only a sentence of fine not exceeding

(a) Rs 1,000
(b) Rs 200
(c) Rs 100
(d) Rs 300

Answer is C is correct. CJM has same powers as that of Judicial Magistrate First Class and as per Section 376 (d) of the Act no appeal is allowed in petty cases where a Magistrate of the first class passes only a sentence of fine not exceeding Rs. 100. Therefore option (c) is the correct answer.

MCQ 02 February 2024

Daily MCQs for Judiciary Prelims Exams - (02 February 2024)

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