CRCP ACTUAL EXAM VERIFIED 170

CRCP ACTUAL EXAM VERIFIED 170

QUESTIONS AND ANSWERS GRADED A+

• It is mandatory to produce the person arrested before magistrate, within 24 hours of his arrest under

Section 57 of CrPC.

• A proclamation under Section 82 of Criminal Procedure Code can be issued against a person against

whom a warrant has been issued. Thus, a proclamation can be issued against:

• Accused offender
• A surety
• A witness
• All of above

• A proclamation requiring a person to appear, must be published giving not less than – 30 Days time

to the person concerned

4. Attachment to the property of the person absconding:

Can be issued simultaneously with the issue of the proclamation under Sec 82 of CrPC

• Period of limitation for filing claims and objections to the attachment of the property attached under

Sec 83 of CrPC, by any person other than the proclaimed person, as provided under Sec 84 of CrPC :

• Within two months of attachment

• Period of limitation for filing a suit to establish the right over the property attached by a person

other than the person proclaimed, who has filed claims and objections to attachment, is –

• One year from the date of disallowing the claim.
• If the person proclaimed, appears within the person specified in the proclamation, the property

attached - Shall be released from attachment

• If the person proclaimed does not appear within the limit specified in the proclamation, the property

under attachment

• Shall not be sold until expiry of six months from the date of attachment
• Shall not be sold until any claim or objection under Section 84 have been dispose of
• Both A and B

• A proclaimed person whose property has been attached can claim the property of the sale proceeds,

on appearance within –

• 2 years of attachment

• An arrested person has a right to consult a legal practitioner of his choice. The consultation with

the lawyer –

a) May not be in presence of the police officer

b) May be in presence of police officer but not within his hearing

c) Both A & B

• A search warrant is a written authority given to a police officer or any other person for the search of

any place – generally, as well as for specified things or documents.

• The word ‘inspection’ used in Section 93 (1) (c) of Criminal Procedure Code , refers to –
• Locality and place

• A search warrant can be issued in respect of a place –

a) Used for deposit and sale of stolen property

b) Used for deposit, sale and production of counterfeit coin, currency notes and stamps of stolen

property

c) Used for deposit, sale and production of forged documents and false seals

d) All of above

• Under Sec 95 of CrPC, certain publications can be forfeited and search warrant can be issued for the

same. In this context, the provisions are –

• A book can be forfeited and search warrant can be issued for the same
• A document can be forfeited and search warrant can be issued for the same
• Both B & C

15. Sec 87 of CrPC authorizes issuance of warrant:

a) In lieu of summons

b) In addition to summons

c) Both a & b

• A declaration of forfeiture under Sec. 95 of CrPC can be set aside by - High Court

• The period of limitation for an application to set aside the declaration of forfeiture has been

provided under Section 95,96,97,98 Ans- two months from the date of publication of declaration

• During investigation, a search can be conducted without warrant by the – Investigation Officer
• Search without warrant can be conducted under Sec 103 of CrPC

a) In the presence of the Magistrate who is competent to issue search warrant in respect of any

place

• Search warrant in respect of a place – Includes search of a person in or about that place, only if such

person is suspected of concealing about his person any article for which search is being made.

• Joining of two or more independent and respectable inhabitants of the locality in which the place is

to be searched is the mandate under Sec – 100(4)

• Where a magistrate, not empowered by the law to issue a search warrant for a place suspected to

contain stolen property, erroneously issues a search warrant –

a) The search proceedings shall be void and liable to set aside

b) The search proceedings shall be set aside only if challenged by any other person aggrieved by

the search.

c) Either A or B

• Sec 93 (3) of CrPC code provides that no Magistrate other than a District magistrate of Chief Judicial

Magistrate shall issue warrant of search for a document, parcel or other thing in the custody of postal and telegraph authority. If any magistrate not so specified issues such a warrant – The search proceedings shall be void

• In a non-cognizable case , when a Magistrate orders the police to investigate, in that case it will be at

par with the cognizable offence case and the police will have all the powers in respect of investigation - Except the power to arrest without warrant

• Sections 39 and 40 of CrPC make it mandatory to give information regarding commission of certain

offences. Such information can be given to – A police officer

• Usually, a copy of FIR is filled with the magistrate having Jurisdiction to take cognizance, by the police

officer in compliance to - Section 157

• Under Sec 159 of CrPC, a preliminary inquiry into the commission of offence can be conducted –

a) By the magistrate having jurisdiction to take cognizance

b) By any Magistrate subordinate to the Magistrate having jurisdiction, under the orders of such

Magistrate

c) Both (or Only) a & b

• The powers under section159 of CrPC, can be exercised by Magistrate – When the police decides

not to investigate the case

• Under Sec 161 of CrPC the investigating Police Officer has the power to examine orally any person

acquainted with the facts and circumstances of the case. The expression ‘any person acquainted with the facts and circumstances of the case’

• Includes accused

• A joint statement of several witnesses, recorded during the investigation – will neither render these

persons as incompetent witnesses, nor their evidence inadmissible

• A statement of witness recorded under Section 161 of Criminal Procedure Code, in writing during

investigation and is signed by the person making the statement is hit by Section – 162(1)

• FIR is not a substantive evidence, it can be used during trial –

a) To corroborate the informant

b) To contradict the informant

c) Both A & B

• FIR can be given by the accused also, If FIR is given by the accused the same can be used – As an

admission, it the same is non-confessional

• Statement recorded during investigation under Section 161 of Criminal Procedure code can be used

during trial – For contradicting the witness

• If a person whose statement is recorded by the police during investigation is called as a defence

witness, his previous statements before the police – Cannot be used for any purpose

• section 164 of Criminal Procedure Code provides special procedure for recording of
• confessions as well as statements made during the course of Investigation
• a non confessional statement recorded under section 164 of triangle Procedure Code
• is not a substantive piece of evidence

• confessional statement recorded in accordance with the special procedure under section 164 of

Criminal Procedure Code -can be used as substantive evidence without being formally proved

• A confessional statement under section 164 of Criminal Procedure Code can be recorded
• during the course of Investigation or at any time afterwards before the commencement of

enquiry or trial

• section 463 of Criminal Procedure Code permits
• oral evidence to prove that the procedure laid down under section164 Criminal Procedure Code

had actually been followed where the record which are to show that does not do so

• under section 167 of Criminal Procedure Code an accused person can be remanded to police custody

for judicial custody the authorisation of search detention

• cannot exceed 15 days at one time

• under section 167 of Criminal Procedure Code the nature of custody to police custody and vice versa

this alteration can be done

• during the period of first 15 days

• for the authorisation of detention in any custody
• the accused must be produced before the magistrate