Conditions Requisite For Initiation Of Proceedings MCQ Quiz in বাংলা - Objective Question with Answer for Conditions Requisite For Initiation Of Proceedings - বিনামূল্যে ডাউনলোড করুন [PDF]

Last updated on Mar 17, 2025

পাওয়া Conditions Requisite For Initiation Of Proceedings उत्तरे आणि तपशीलवार उपायांसह एकाधिक निवड प्रश्न (MCQ क्विझ). এই বিনামূল্যে ডাউনলোড করুন Conditions Requisite For Initiation Of Proceedings MCQ কুইজ পিডিএফ এবং আপনার আসন্ন পরীক্ষার জন্য প্রস্তুত করুন যেমন ব্যাঙ্কিং, এসএসসি, রেলওয়ে, ইউপিএসসি, রাজ্য পিএসসি।

Latest Conditions Requisite For Initiation Of Proceedings MCQ Objective Questions

Top Conditions Requisite For Initiation Of Proceedings MCQ Objective Questions

Conditions Requisite For Initiation Of Proceedings Question 1:

'G', a 17 years old girl, was married to 'H'. 'H' during the subsistence of the said marriage entered into another marriage with 'P'. The court may take cognizance for the offence of bigamy, if the complaint brought by

  1. her father, mother, brother, sister, son or daughter or by her father's or mother's brother or sister.
  2. any other person related to her by blood, marriage or adoption, with the leave of the court.
  3. some other person on her behalf, with leave of court, but where there is a guardian appointed in her respect, then only after such guardian has been heard.
  4. All of these.

Answer (Detailed Solution Below)

Option 4 : All of these.

Conditions Requisite For Initiation Of Proceedings Question 1 Detailed Solution

All the three given options are covered by proviso (a) & (c) to Section 198(1) Cr.P.C. and Section 198(3) Cr.P.C.

Section 198 - Prosecution for offences against marriage

Conditions Requisite For Initiation Of Proceedings Question 2:

Power of taking cognizance of offence by a Magistrate of First class or second class is provided

  1. Under Section 173 0f Criminal Procedure Code 
  2. Under Section 190 of Criminal Procedure Code
  3. Under Section 190 of Indian Penal Code 
  4. None of the above 

Answer (Detailed Solution Below)

Option 2 : Under Section 190 of Criminal Procedure Code

Conditions Requisite For Initiation Of Proceedings Question 2 Detailed Solution

Correct answer is (2)

 Key PointsSection 190 of Criminal Procedure Code deals with the cognizance of offences by Magistrate.

(1)Any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub- section (2), may take cognizance of any offence-(a) upon receiving a complaint of facts which constitute the offence;

(b)upon a police report of such facts;

(c)upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub- section (1) of such offences as are within his competence to inquire into or try.

Additional Information “Taking cognizance” refers to being informed of an offence in order to begin legal action under Section 190 of the Criminal Procedure Code.The term “cognizance” refers to the moment the court first takes judicial notice of an offence by not only considering the information in the police report or complaint but also moving forward, as further described in Chapter XIV of the Criminal Procedure Code. 

In Hastimal v. State(1994) it was held that the order of magistrate under this section must be a speaking order. Thus a refusal to take cognizance must be a reasoned order.

Conditions Requisite For Initiation Of Proceedings Question 3:

No court can take cognizance of the offence of Adultery except on the complaint made by - 

  1. The Wife only
  2. The Husband only
  3. The Wife or a person responsible for her care in his absence
  4. The Husband or a person responsible for her care in his absence

Answer (Detailed Solution Below)

Option 4 : The Husband or a person responsible for her care in his absence

Conditions Requisite For Initiation Of Proceedings Question 3 Detailed Solution

The correct answer is The Husband or a person responsible for her care in his absence

Key Points 

  • Adultery given under section 497 of the IPC.
  • No court can take cognizance of the offence of Adultery except on the complaint made by the husband of the woman with whom the alleged adultery has been committed. This is because the offence of adultery is considered to be a violation of the husband's marital rights. The wife, on the other hand, is not considered to be an aggrieved person in such cases.
  • This provision was struck down by the Supreme Court of India in 2018 in the case of Joseph Shine v. Union of India. The Court held that the provision was unconstitutional as it discriminated against women and violated their right to equality. However, the provision has not yet been repealed by the Parliament.

 

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