MCQ 20 January 2024

Daily MCQs for Judiciary Prelims Exams - (20 January 2024)



Question/ Answer
Question1:- Superintendence power of the High Court shall be exercised upon
  • (a) Court of Session
  • (b) District Court
  • (c) Courts of Judicial Magistrate
  • (d) Chief Judicial Magistrate
Answer is C is correct. Every High Court shall so exercise its superintendence over the Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by such Magistrates as per Section 483 of the Act. Therefore option (c) is the correct answer.
Question2:- When an offence is tried by the High Court otherwise than under Section 407, it shall in the trial of the offences observe which court’s procedure
  • (a) Supreme Court’s trial procedure
  • (b) Court of Session’s trial procedure
  • (c) High Court’s trial procedure
  • (d) District Court’s trial procedure
Answer is B is correct. As per Section 474 of the Act when an offence is tried by the High Court otherwise than under section 407, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would observe if it were trying the case. Therefore option (b) is the correct answer.
Question3:- Who has the power to make rules under Code of Criminal Procedure?
  • (a) State Government
  • (b) High Court
  • (c) High Court with the previous approval of the State Government
  • (d) Supreme Court with the previous approval of the Central Government
Answer is C is correct. According to Section 477 of the Act High Court has the power to make rules with the previous approval of the State Government. Therefore option (c) is the correct answer.
Question4:- Mark the correct statement
  • (a) Court may take cognizance of an offence after the expiry of the period of limitation as per Section 473 of the Act
  • (b) Court shall take cognizance of an offence after the expiry of the period of limitation as per Section 472 of the Act
  • (c) Court after getting satisfied by the reasonable reason must extend the period of limitation as per Section 471 of the Act
  • (d) Court of session and High court may take cognizance of the case within 15 days after getting satisfied by the reasonable reason as per Section 472 of the Act
Answer is A is correct. According to Section 473 any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice. Therefore option (a) is the correct answer.
Question5:- A magistrate not empowered, tries an offender summarily
  • (a) Trial will be vitiated under Section 461
  • (b) Trial will be vitiated under Section 460
  • (c) Trial will not be vitiated under Section 460
  • (d) Trial will not be vitiated under Section 461
Answer is A is correct. Section 461 deals with the provisions of irregularity which vitiates the trial. It lays down a list of cases in which trial or proceedings will be vitiated and is not curable. Therefore option (a) is the correct answer.
Question6:- Trial of theft was held in a wrong district
  • (a) Trial will be vitiated as it occasioned a failure of justice as per Section 460
  • (b) Trial will not be vitiated unless it occasioned a failure of justice as per Section 464
  • (c) Trial will be vitiated as it occasioned a failure of justice as per Section 463
  • (d) Trial will not be vitiated as it does occasion a failure of justice as per Section 462
Answer is D is correct. No, trial will not be vitiated unless it appears that such error has in fact occasioned a failure of justice as per Section 462 of the Act. Therefore option (d) is the correct answer.
Question7:- What is true about Criminal Procedure Code in respect of the offences by criminals other than the offences under Indian Penal Code?
  • (a) Criminal Procedure Code cannot be followed
  • (b) Criminal Procedure Code can be followed only against offences under Indian Penal Code
  • (c) Criminal Procedure Code can be followed as it is uniform procedural law in criminal proceedings
  • (d) Criminal Laws other than Indian Penal Code have their own procedural application
Answer is C is correct. Code of Criminal Procedure can be followed regarding all the offences and therefore option (c) is the correct answer.