MCQ 03 February 2024

Daily MCQs for Judiciary Prelims Exams - (03 February 2024)



Question/ Answer
Question1:- Power to recall any witness(es) under Section 311 of Cr.P.C, can be exercised:
  • (a) Even after the evidence of both the sides is closed
  • (b) After the evidence of the prosecution is closed, but before the evidence of defence is closed
  • (c) Before the evidence of the prosecution is closed, if the witness is to be called on the motion of the prosecution
  • (d) After the evidence of the prosecution is closed if the witness is called on the motion of the defence
Answer is A is correct. The correct answer is (a)
Question2:- According to the recent Supreme Court Judgment when can the power under Section 323 CrPC be invoked by a Magistarte
  • (a) Only before the deposition or examination-in-chief of a witness
  • (b) Only during the final arguments of the case
  • (c) Only during cross examination of a witness
  • (d) Even after the disposition or examination-in-chief of a witness
Answer is D is correct. Supreme Court in Archana v. State of West Bengal (2023) stated that the power under Section 323 of the Code can be invoked by a Magistrate even after the deposition or examination-in-chief of a witness. Therefore option (d) is the correct answer.
Question3:- Under Section 313 of the Code of Criminal Procedure, 1973:
  • (a) No oath shall be administered to the accused when he is examined.
  • (b) The accused shall render himself liable to punishment by refusing to answer questions, or by giving false answers to them.
  • (c) The answers given by the accused cannot be taken into consideration and put in evidence for or against him in any other inquiry/trial for any other offence.
  • (d) Every error or omission in complying with Sec. 313 necessarily vitiates the trial.
Answer is A is correct. As per Section 313 (2) of the Act no oath shall be administered to the accused when he is examined under sub-section (1) of the provision. Therefore option (a) is the correct answer.
Question4:- When can a trial court release an accused on bail under section 389(3) of Cr.P.C. after conviction?
  • (a) Where accused is on bail and imprisonment is not exceeding 3 years
  • (b) Where accused is on bail and imprisonment is not exceeding 5 years
  • (c) Where accused is on bail and imprisonment is not exceeding 4 years
  • (d) Where accused is on bail and imprisonment is not exceeding 2 years
Answer is A is correct. As per sub-clause (i) of Section 389(3) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or (ii) where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1) and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended. Therefore option (a) is the correct answer.
Question5:- When the accused/appellant dies during the pendency of appeal, and his near relative wants to continue the appeal, then within what period he should apply for leave of the court to continue the appeal
  • (a) Four months
  • (b) Three months
  • (c) Sixty days
  • (d) Thirty days
Answer is D is correct. As per Proviso to Section 394 of the Code where an appeal is made against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relative may within 30 days of the death of the appellant may apply to the appellant court for leave to continue appeal and the appeal shall not abate. Therefore option (d) is the correct answer.
Question6:- The Supreme Court of India in the case of Navjot Singh Sidhu held that
  • (a) a conviction cannot be suspended using Section 389 of the Code of Criminal Procedure.
  • (b) a sentence cannot be suspended using Section 389 of the Code of Criminal Procedure.
  • (c) a conviction can be suspended using Section 389 of the Code of Criminal Procedure but the petitioner needs to specifically draw the attention of the court to the consequences that may arise if the conviction is not suspended.
  • (d) only a sentence can be suspended using Section 389 of the Code of Criminal Procedure but the petitioner needs to specifically draw the attention of the court to the consequences that may arise if the sentence is not suspended.
Answer is C is correct. In Navjot Singh Sidhu it was held that a conviction can be suspended using Section 389 of the Code of Criminal Procedure but the petitioner needs to specifically draw the attention of the court to the consequences that may arise if the conviction is not suspended. Therefore option (c) is the correct answer.
Question7:- The power of the Supreme Court to transfer cases and appeals from one High Court to another High Court can be exercised on an application by which one of the following—
  • (a) Registrar of the concerned High Court
  • (b) Attorney General of India and Advocate General
  • (c) Chairperson of the Bar Council of India
  • (d) Solicitor General of India
Answer is B is correct. Section 406 of the Act gives power to the Supreme Court to transfer cases from one High Court to another. Under Clause (2) of the provision the Supreme Court may act under this section only on the application of the Attorney-General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation. Therefore option (b) is the correct answer.

Syllabus

Test Series

Notification

Brochure

Result