Commencement Of Proceedings Before Magistrates MCQ Quiz - Objective Question with Answer for Commencement Of Proceedings Before Magistrates - Download Free PDF

The correct answer is Option 3.

Key PointsSection 209 of the CrPC: Commitment of case to Court of Session when offence is triable exclusively by it.—
When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall—
(a) commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made; 
(b) subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial;
(c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence;
(d) notify the Public Prosecutor of the commitment of the case to the Court of Session.

The correct answer is Option 4. 

Key Points

• Section 205 of CrPC deals says, when a Magistrate issues a summons to the accused, he may, if he sees a reason to do so, dispense with the personal attendance of the accused and permit him to appear by his pleader (legal representative). 
• However, the Magistrate conducting the inquiry or trial has the discretion to direct the personal attendance of the accused at any stage of the proceedings.
• If necessary, the Magistrate can enforce such attendance in the manner provided under the CrPC.
• The CrPC allows the Magistrate to permit the accused to appear through his pleader if he sees a reason to do so.
• The Magistrate can also, at any stage of the proceedings, direct the personal attendance of the accused if he deems it necessary for the inquiry or trial.

The correct answer is Section 209 of Cr.P.C.

Key Points

• Section 209 of the Code of Criminal Procedure provides for the Commitment of case to Court of Session when offence is triable exclusively by it.
• It states that —When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall— (a) commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made; 
  (b) subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial;
  (c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence;
  (d) notify the Public Prosecutor of the commitment of the case to the Court of Session.

The correct answer is Section 203.

Key Points

• Section 203 of the Cr.P.C. provides for the Dismissal of complaint.
• It states that—If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 202, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing.

The correct option is Option 2.

Key Points

• Issue of Process:-
  • Section 204 empowers the Magistrate to issue summons or warrant (as the case appears) for the attendance of the accused after the witnesses of the prosecution have been filed.
  • If the Magistrate is satisfied that there are sufficient grounds for proceeding against the accused, he can issue a summons for the attendance of the accused in a summons case and in a warrant case, he may issue a warrant or if he thinks fit, he can issue a summons, for causing the accused to be brought or to appear before him at a certain time or if he has no jurisdiction the accused to be brought or appear before some other Magistrate having jurisdiction.
    • This section does not require the Magistrate to state the reason for the issuing process.

The correct answer is option 2.Key Points 

• Under section 210, When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him.
• The Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation.
• Under Sub-section (2) If a report is made by the investigating police officer under section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report.

• Under Sub-section (3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code.

The correct answer is Option 4. 

Key Points

• Section 205 of CrPC deals says, when a Magistrate issues a summons to the accused, he may, if he sees a reason to do so, dispense with the personal attendance of the accused and permit him to appear by his pleader (legal representative). 
• However, the Magistrate conducting the inquiry or trial has the discretion to direct the personal attendance of the accused at any stage of the proceedings.
• If necessary, the Magistrate can enforce such attendance in the manner provided under the CrPC.
• The CrPC allows the Magistrate to permit the accused to appear through his pleader if he sees a reason to do so.
• The Magistrate can also, at any stage of the proceedings, direct the personal attendance of the accused if he deems it necessary for the inquiry or trial.

The correct option is From the date of arrest.

Key Points

• Legal Provisions of Section 167 of the Code of Criminal Procedure of 1973:-
  • Section 167 deals with the procedure when an investigation cannot be completed in twenty-four hours.
  • Section 167 is given under Chapter 12 of Crpc.
  • This section lays down the procedure to be adopted when the investigation against an accused person cannot be completed within 24 hours of his arrest and there are grounds for believing that the accusations against him are well founded.
  • Judicial Remand:-
    • The Judicial Magistrate to whom the accused person is so forwarded, whether he has or has not the jurisdiction to try the case, may authorize the detention of the accused in police custody for a term not exceeding 15 days in the whole.
    • The nature of custody may be altered from police custody to judicial custody during 15 days
    •  Max 7 days custody can be given in case of Executive Magistrate vide subsection (2-A)].
    • But on the expiry of 15 days, the accused can be ordered to be kept in judicial custody and not in the custody of the police.
    • Case:- CBI Special Investigation Cell V. Anupam Kulkarni
      • In this case, the Supreme Court has reiterated that the custody after the expiry of the first 15 days can only be judicial custody for the rest of the period of 90 days or 60 days as the case may be.
    • Thus, police custody if found necessary can be ordered only during the first 15 days..
    • The maximum period of remand in case of offences punishable with death, imprisonment for life or imprisonment for a term not less than ten years is 90 days and for any other offence, it is 60 days.
    • If the investigation is not completed within this period the accused person has got to be released on bail without any further detention.
    • The prescribed statutory period of 90 days or 60 days as mentioned in Proviso (a) to Section 167 (2) is to be computed from the date on which the accused person got detained.
    • Landmark Case on Section 167 is State of West Bengal V. Dinesh Dalmia

The correct answer is Option 3.

Key PointsSection 209 of the CrPC: Commitment of case to Court of Session when offence is triable exclusively by it.—
When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall—
(a) commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made; 
(b) subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial;
(c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence;
(d) notify the Public Prosecutor of the commitment of the case to the Court of Session.

The correct answer is Section 209

Key PointsSection 209 of the Code of Criminal Procedure, 1973 relates to Commitment of case to Court of Session when offence is triable exclusively by it.

It states that : When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall—

• commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made;
• subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial;
• send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence;
• notify the Public Prosecutor of the commitment of the case to the Court of Session.

The correct answer is Section 209 of Cr.P.C.

Key Points

• Section 209 of the Code of Criminal Procedure provides for the Commitment of case to Court of Session when offence is triable exclusively by it.
• It states that —When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall— (a) commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made; 
  (b) subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial;
  (c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence;
  (d) notify the Public Prosecutor of the commitment of the case to the Court of Session.

The correct answer is Section 203.

Key Points

• Section 203 of the Cr.P.C. provides for the Dismissal of complaint.
• It states that—If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 202, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing.

The correct option is Option 2.

Key Points

• Issue of Process:-
  • Section 204 empowers the Magistrate to issue summons or warrant (as the case appears) for the attendance of the accused after the witnesses of the prosecution have been filed.
  • If the Magistrate is satisfied that there are sufficient grounds for proceeding against the accused, he can issue a summons for the attendance of the accused in a summons case and in a warrant case, he may issue a warrant or if he thinks fit, he can issue a summons, for causing the accused to be brought or to appear before him at a certain time or if he has no jurisdiction the accused to be brought or appear before some other Magistrate having jurisdiction.
    • This section does not require the Magistrate to state the reason for the issuing process.

The correct answer is option 3.

Key Points

Section 209 of CrPC says Commitment of case to Court of Session when offence is triable exclusively by it.—When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall—
(a) commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made;
(b) subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial;
(c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence;
(d) notify the Public Prosecutor of the commitment of the case to the Court of Session.

Explanation- Chapter XVI and (Commencement of proceeding before magistrate) section 204 suggest that if in the opinion of the magistrate taking cognizance of offence there is sufficient ground for proceeding he, may issue a warrant if case appears to be warrant case, shall issue summons if case appears to be summons case.