MCQ 30 January 2024

Daily MCQs for Judiciary Prelims Exams - (30 January 2024)



Question/ Answer
Question1:- An order passed by a Magistrate under Section 446 of the Code of Criminal Procedure 1973, is appealable to
  • (a) Session Judge
  • (b) District Magistrate
  • (c) High Court
  • (d) Supreme Court
Answer is A is correct. As per Section 449 of the Act all orders passed under section 446 shall be appealable, (i) in the case of an order made by a Magistrate, to the Sessions Judge; (ii) in the case of an order made by a Court of Session, to the Court to which an appeal lies from an order made by such Court. Therefore option (a) is the correct answer.
Question2:- The general rule in relation to fixing the amount of any bond under provisions as to bail and bonds of Cr.P.C. is that it should not be
  • (a) oppressive
  • (b) unreasonable
  • (c) excessive
  • (d) meager
Answer is C is correct. As per Section 440 (1) the amount of every bond executed shall be fixed with due regards to the circumstances of the case and shall not be excessive. Therefore option (c) is the correct answer.
Question3:- Any condition imposed by a Magistrate when releasing any person on bail:—
  • (a) can be set aside or modified only by the Supreme Court
  • (b) cannot be modified by any court
  • (c) can be modified by Session Court or High Court
  • (d) can be set aside only by Sessions Court
Answer is C is correct. Any condition imposed by a Magistrate on bail can be modified by Session Court or High Court as per Section 439 of the Act. Therefore option (c) is the correct answer.
Question4:- A person is arrested and remanded to judicial custody for the offence of theft. He is in such custody for the last three and half years and his trial has not yet been commenced. Which of the following suggestions is correct in this case?
  • (a) He shall be released unconditionally
  • (b) He shall not be released unless a bail petition is moved on his behalf
  • (c) He shall be released on bail only when he remained in custody for half of the maximum period of sentence provided for the offence
  • (d) None of the above
Answer is C is correct. The maximum punishment for the offence of theft is 3 years of imprisonment. In the present case person was in custody for 3 and half years and trial did not commence. As per Section (c)
Question5:- Which section of Code of Cr.P.C. 1973 does not apply to persons committing an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:—
  • (a) 438
  • (b) 443
  • (c) 315
  • (d) 339
Answer is A is correct. Section 438 deals with anticipatory bail and Supreme Court has reiterated many times that this provision does not apply to SC & ST (Prevention of Atrocities) Act 1989. Therefore option (a) is the correct answer.
Question6:- In a case the State wants to apply for cancellation of bail on an accused. As per the decision of the Supreme Court of India in the case of State (Delhi Administration) v. Sanjay Gandhi, which one of the following may be the appropriate ground for seeking cancellation of bail of the accused?
  • (a) That the accused has attempted to tamper or has tampered with the witness in the case against him
  • (b) That the order earlier passed in his favour granting him bail had not taken his previous criminal record into account
  • (c) That the court granting the bail had not taken into account the fact of non- cooperation of the accused in investigation during the period interior to the grant of bail
  • (d) That the court granting the bail had not cited leading judicial decision having bearing on decision making process for grant of bail
Answer is C is correct. An application was filed by Delhi Administration in the High Court of Delhi for cancellation of bail. The application was dismissed on the ground that the court granting the bail had not taken into account the fact of non-cooperation of the accused in investigation during the period interior to the grant of bail. Therefore option (c) is the correct answer.
Question7:- Pre-arrest bail is granted under
  • (a) Section 433 of Indian Penal Code
  • (b) Section 437 of Code of Civil Procedure
  • (c) Article 7 of International Convention of Human Rights
  • (d) Section 438 of the Code of Criminal Procedure
Answer is D is correct. Pre arrest bail means bail granted on the anticipation of arrest, the other name for pre-arrest bail is anticipatory bail. Court of Session and High Court both has the power to grant anticipatory bail under Section 438 of the Code of Criminal Procedure. Therefore option (d) is the correct answer.

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