MCQ 31 January 2024

Daily MCQs for Judiciary Prelims Exams - (31 January 2024)



Question/ Answer
Question1:- .In which of the following cases, the Supreme Court laid down the principles of granting Anticipatory Bail?
  • (a) Gurbaksh Singh v. State of Punjab
  • (b) Indira Gandhi v. Delhi Administration
  • (c) Maneka Gandhi v. Delhi Administration
  • (d) Lalu Yadav v. State of Bihar
Answer is A is correct. Supreme Court in Gurbaksh Singh v. State of Punjab (1980) ruled that “Section 438(1) should be interpreted in the light of Article 21 (protection of life and personal liberty) of the Constitution.” Also observed that granting anticipatory bail is a matter of right of an individual and that cannot be limited by time. Therefore option (a) is the correct answer.
Question2:- Under which section of Cr.P.C. a Police Officer can release an accused on bail in non- bailable case?
  • (a) Section 336
  • (b) Section 337
  • (c) Section 436
  • (d) Section 437
Answer is D is correct. When any person accused of, or suspected of, the commission of any non- bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail as per Section 437 of the Act. Though, there are conditions whereby bail should not be granted in non-bailable offences. Therefore option (d) is the correct answer.
Question3:- Section 436A of the Code of Criminal Procedure, 1973, provides for grant of bail to an accused pending trial if:
  • (a) he has undergone detention for one-fourth period of imprisonment specified for the offence for which he is being tried
  • (b) he has undergone detention for one-third period of imprisonment specified for the offence for which he is being tried
  • (c) he has undergone for one-half period of imprisonment specified for the offence for which he is being tried
  • (d) (a) and (b) above
Answer is C is correct. Provision itself in its first clause states where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties. Though, while calculating the period of detention the period of detention passed due to delay in proceeding caused by the accused shall be excluded. Therefore option (c) is the correct answer.
Question4:- In a bailable offence, the bail is granted as a matter of right
  • (a) by the police officer
  • (b) by the court
  • (c) both by the police officer the court
  • (d) neither (a) nor (b)
Answer is C is correct. Bail is a matter of right in cases of bailable offences and both court and police officer has power to grant bail to the person who is applying for the bail. As per Section 436 any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail. Therefore option (c) is the correct answer.
Question5:- Who may issue warrant for the execution of a sentence?
  • (a) Chief Justice of High Court
  • (b) Sessions Judge
  • (c) Successor in office of Judge or Magistrate who passed the sentence
  • (d) Supreme Court
Answer is C is correct. As per Section 425 of the Act every warrant for the execution of a sentence may be issued either by the Judge or Magistrate who passed the sentence, or by his successor-in- office. Therefore option (c) is the correct answer.
Question6:- Who can commute the sentence of imprisonment for life under the Code of Criminal Procedure?
  • (a) The appropriate Government
  • (b) The President of India
  • (c) The Governor of the State
  • (d) The Central Government
Answer is A is correct. Section 433 states the appropriate Government may, without the consent of the person sentenced, commute under clause (b) a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine. Therefore option (a) is the correct answer.
Question7:- In which of the following cases the constitutional validity of Section 433-A, Cr.P.C. was upheld?
  • (a) Ashok Kumar Golu v. Union of India
  • (b) Babu Pahalwan v. State of M.P.
  • (c) Ramesh v. State of M.P.
  • (d) Karan Singh v. State of H.P.
Answer is A is correct. Petitioner in the case of Ashok Kumar Golu v. UOI was convicted for murder and was sentenced to life imprisonment which was later confirmed by the High Court. Writ petition was filed before the High Court for premature release under local act notwithstanding Section 433A of the Code. The constitutional validity was challenged and was upheld in this case. Therefore option (a) is the correct answer.