MCQ 29 January 2024

Daily MCQs for Judiciary Prelims Exams - (29 January 2024)

Question/ Answer
Question1:- Order passed under Section 451 Cr.P.C is
  • (a) an interlocutory order
  • (b) a final order
  • (c) both (a) and (b)
  • (d) none of the above
Answer is A is correct. As per Section 451 when any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. It is an interlocutory order as no final decision is made. Therefore option (a) is the correct answer.
Question2:- A criminal court, at conclusion of trial, may order
  • (a) restoration of possession of immovable property to the person who had been dispossessed there from by use of criminal force or by criminal intimation by the person convicted.
  • (b) the destruction of pornographic material in respect of which conviction was recorded.
  • (c) Both (a) and (b)
  • (d) Neither (a) nor (b)
Answer is C is correct. Procedure of disposal of property at the conclusion of trial is provided under Section 452 of the Act. Whereby, restoration and destruction is provided under Clause (1) and (2). Therefore option (c) is the correct answer.
Question3:- In regard to sale of perishable property, if the person entitled to the possession of such property is not known or absent and the property is subject to speedy and natural decay, the Magistrate may direct it to be sold within _____ of the date of such proclamation:
  • (a) One month
  • (b) Three months
  • (c) Six months
  • (d) Nine months
Answer is C is correct. As per Section 459 of the Act for the sale of perishable goods, provisions of Section 457 and 458 shall apply whereby it should be sold within 6 months. Therefore option (c) is the correct answer.
Question4:- A Magistrate not empowered by law erroneously in good faith sells property under Section 458 of the Code of Criminal Procedure. Is it
  • (a) an incurable irregularity
  • (b) a curable irregularity
  • (c) totally illegal
  • (d) illegal under certain circumstances
Answer is B is correct. When a magistrate erroneously sells a property in good faith it can be cured and hence it is an irregularity which does not vitiate the proceedings as per Section 460 (i) of the act. Therefore option (b) is the correct answer.
Question5:- Sections 451 and 452 of Cr.P.C. essentially deal with disposal of property by the Criminal Court. The basic difference between the two is—
  • (a) Both the provisions deal with release of property produced before the Court
  • (b) Section 451 is attracted during enquiry of trial and Section 452 is attracted after conclusion of the Criminal Trial
  • (c) There is no difference between the two provisions
  • (d) None of the above
Answer is B is correct. The basic difference lies only in the stage when such provision applies. Section 451 applies to such property pendency of the inquiry or trial and Section 452 applies to inquiry or trial in any criminal court is concluded. Therefore option (b) is the correct answer.
Question6:- Under Section 439 of Cr.P.C., the jurisdiction to cancel the bail vests with:
  • (a) The Court of Sessions
  • (b) The High Court
  • (c) The Court of Magistrate
  • (d) Only (a) & (b)
Answer is D is correct. Under Section 439 special power is provided to both High Court and Court of Session regarding bail. Therefore option (d) is the correct answer.
Question7:- Which of the following provisions of the Criminal Procedure Code is not related to Appeal?
  • (a) Section 86
  • (b) Section 449
  • (c) Section 450
  • (d) Section 454
Answer is C is correct. Section 86 deals with appeal from order rejecting application for restoration of attached property; Section 449 deals with appeals from orders under section 446; section 450 deals with power to direct levy of amount due on certain recognizances and Section 454 deals with appeals against orders under Section 452 or 453. Therefore option (c) is the correct answer.