CrPC MCQ Quiz - Objective Question with Answer for CrPC - Download Free PDF

The correct answer is Language which accused understands

Key Points

• As per Section 228 of the Code of Criminal Procedure, 1973,
  • The charge must be written in the language which the accused understands.
• This is essential for ensuring fair trial and natural justice, as the accused must fully understand the charge against them to prepare their defense.
• If the accused does not understand the court’s language, it must be translated or written in a language he/she understands.

Additional Information

• Option 2. Language which witnesses understand: Witnesses’ understanding is irrelevant for framing charges.
• Option 3. Language of the Court: Court’s official language is used, but charges must be explained in accused’s language for comprehension.
• Option 4. Hindi language: Hindi is one official language, but not mandatory for all states/accused.

The correct answer is 3rd February 2013

Key Points

• The Criminal Law (Amendment) Act, 2013 was enacted in response to the 2012 Nirbhaya gang rape case, to strengthen laws related to sexual offences.
• The Act received Presidential assent on 2nd April 2013, but it was given retrospective effect from 3rd February 2013.
• This was the date on which the Criminal Law (Amendment) Ordinance, 2013 had been promulgated.
• Key Features of the Amendment:
  • Introduced new offences like stalking (Section 354D) and voyeurism (Section 354C).
  • Redefined rape under Section 375 IPC to include non-penile penetration.
  • Provided for stricter punishments, including death penalty in certain rape cases.
  • Addressed issues like acid attacks, sexual harassment, trafficking, etc.

Additional Information 

• Option 1. 6th April 2013  – This is the date the Act was notified in the Gazette, not when it came into effect.
• Option 3. 7th January 2013  – Irrelevant date; no legal action or ordinance on this day.
• Option 4. 5th March 2013  – Date of passage in the Rajya Sabha, not commencement.

The correct answer is Charges are framed

Key Points

• Warrant Case on Police Report:
  • A warrant case involves offences punishable with death, life imprisonment, or imprisonment exceeding two years. If instituted on a police report, it follows the procedure under Sections 238 to 243 of CrPC.
• Commencement of Trial:
  • As per Section 240 CrPC, once the Magistrate considers the police report and finds sufficient grounds, they frame the charges.
  • Trial begins only after the charges are framed.
• Before Framing Charges:
  • The accused is provided copies of documents under Section 207.
  • The Magistrate considers the police report and documents under Section 239 to decide whether to discharge the accused.
  • If not discharged, charges are framed under Section 240, marking the start of the trial.
• Importance:
  • Framing of charge is a judicial determination that there is prima facie evidence, and the accused must face trial. Before this, proceedings are at the pre-trial stage.

Additional Information 

• Accused appears: The appearance of the accused is a preliminary step, not the beginning of the trial.
• Witnesses are examined: Examination of prosecution witnesses under Section 242 happens after the trial begins, i.e., after charges are framed.
• None of the above: Incorrect, because "Charges are framed" is the correct and specific trigger for the start of trial in such cases.

The correct answer is 'A Magistrate'.

Key Points

• Power under Section 156(3) of Cr.P.C:
  • Section 156(3) of the Code of Criminal Procedure (Cr.P.C.) empowers a Magistrate to direct the police to investigate a cognizable offense.
  • This provision allows the Magistrate to oversee the initiation of an investigation if a private individual or complainant brings a matter to their attention.
  • The Magistrate has the authority to ensure compliance with the law and prevent arbitrary or biased actions during the investigation process.
  • Such powers are significant in cases where the police fail to register a First Information Report (FIR) or act on a cognizable offense.

Additional Information

• Supreme Court:
  • The Supreme Court is the highest judicial authority in India and deals with constitutional matters, appeals, and writ petitions.
  • It does not exercise powers under Section 156(3) of Cr.P.C., as these investigative powers are specifically granted to Magistrates under the law.
• Sessions Judge:
  • A Sessions Judge presides over sessions courts and deals primarily with serious criminal cases such as murder and rape.
  • While the Sessions Judge has significant judicial powers, they do not have the authority to direct investigations under Section 156(3) of Cr.P.C.
• High Court:
  • The High Court has wide-ranging powers, including appellate and supervisory jurisdiction over lower courts and tribunals.
  • Although it can intervene in investigations through writs or special orders, it does not exercise powers under Section 156(3), which are specifically designated for Magistrates.

The correct answer is 'Mohd. Ahmed Khan v. Shah Bano Begum'

Key Points

• Mohd. Ahmed Khan v. Shah Bano Begum Case:
  • This landmark judgment by the Supreme Court of India in 1985 dealt with the issue of maintenance for divorced Muslim women under Section 125 of the Code of Criminal Procedure, 1973.
  • Shah Bano, a 62-year-old Muslim woman, filed a petition for maintenance from her husband, Mohd. Ahmed Khan, after being divorced.
  • The court ruled that a Muslim woman is entitled to maintenance under Section 125 of the CrPC even beyond the iddat period, which is the traditional post-divorce waiting period prescribed under Islamic law.
  • The judgment emphasized that the provision under Section 125 is applicable to all citizens irrespective of religion and was aimed at preventing destitution and ensuring justice for all women.
  • This decision sparked debates and led to the eventual enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986, which modified the rights of Muslim women post-divorce.

Additional Information

• Incorrect Options:
  • Khatoon Begum v. Union of India: This case does not pertain to the issue of maintenance for Muslim women under Section 125 of the CrPC. It may involve other legal aspects unrelated to the topic.
  • Jamaat-e-Islami Hind v. Union of India: This case revolves around the banning of the Jamaat-e-Islami Hind and does not address issues related to maintenance for Muslim women.
  • Shayara Bano v. Union of India: This is a significant case involving the issue of triple talaq (instant divorce in Islam) and its constitutional validity. However, it does not deal with maintenance under Section 125 of the CrPC.
• Impact of Shah Bano Judgment:
  • The Shah Bano case remains one of the most debated judgments in India's legal history, as it highlighted the conflict between personal laws and the secular provisions of the Indian Constitution.
  • It led to widespread discussions on women's rights, secularism, and the role of religion in lawmaking.
  • The judgment's aftermath saw the Muslim Women (Protection of Rights on Divorce) Act, 1986 being enacted, which sought to address the concerns of the Muslim community while ensuring justice for divorced women.

The correct answer is 1973.

Key Points

• The Code of Criminal Procedure (CrPC) is a procedural law that governs the process of investigation and trial of criminal cases in India.
• The CrPC was enacted in 1973 and came into force on April 1, 1974.

Additional Information

• Following the Indian uprising of 1857, the British crown assumed control of the country, and in 1861 the Criminal Procedure Code was passed.
• The legacy of British India lasted until 1973, when the present Code was passed and went into effect on April 1st, 1974.
• The main objective of the CrPC is to ensure a fair and just investigation and trial of criminal cases, while also protecting the rights of the accused and the victims.
• It offers the tools necessary for conducting criminal investigations, apprehending suspected offenders, gathering evidence, establishing the guilt or innocence of the accused, and determining the appropriate punishment for the guilty.
• In addition, it addresses maintaining a spouse, child, and parents as well as preventing offenses and public nuisances.
• The Code of Criminal Procedure is divided into 37 chapters with 484 sections, 2 schedules, and 56 forms.
• A Bill to replace the CrPC with the Bharatiya Nagarik Suraksha Sanhita (BNSS) was presented in the Lok Sabha on August 11, 2023.

The correct answer is two.

Key Points

• According to Section 2(x) of the Code of Criminal Procedure, a warrant case is one that is related to an offence whose punishment can be a death sentence, life imprisonment, or imprisonment for a term exceeding two years.
• Section 2(x) of CRPC states that "warrant-case" means a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.
• In criminal proceedings CRPC is applicable and in Civil proceedings the CPC is applicable.
• CPC - Civil Procedure Code.

Additional Information

• CRPC may be called the Code of Criminal Procedure, 1973.
• It extends to the whole of India.
• Chapters VIII, X, and XI of CRPC shall not apply -
  • to the State of Nagaland,
  • to the Tribal Areas.
• It came into force on the 1st day of April 1974.

The correct answer is option 3.Key Points

• Section 217 of Criminal Procedure Code 1973 deals with Recall of witnesses when charge altered.
• Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed:
  • (a) To recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice;
  • (b) Also to call any further witness whom the Court may think to be material.
• Section 311 of Criminal Procedure Code 1973 deals with  Power to summon material witness, or examine person present.
• Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.

The correct answer is option 4.Key Points

• Section 395 of Criminal Procedure Code 1973 Reference to High Court.
• (1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is Subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court.
• Explanation.—In this section, “Regulation” means any Regulation as defined in the General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act of a State.
• (2) A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case pending before it or him to which the provisions of sub-section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case.
• (3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may, pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon.

Additional Information

• Section​ 366 of Criminal Procedure Code 1973 deals with Sentence of death to be submitted by Court of Session for confirmation.
• Section​ 368 of Criminal Procedure Code 1973 deals with Power of High Court to confirm sentence or annul conviction.

The correct answer is option 2.Key Points

• Section 4 of Criminal Procedure Code 1973 deals with trial of offences under the Indian Penal Code and other laws.
• It states all offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions in Cr.P.C. 1973.
• All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner of place of investigating, inquiring into, trying or otherwise dealing with such offences.

The Correct answer is Not compoundable

Key Points According to Section 320(9) of the Cr.P.C, an offense can only be compounded in the manner specified within this section and no other method is permitted for compounding offenses.

The correct answer is option 4.Key Points

• Section 437A of criminal Procedure Code 1973 deals with bail to require accused to appear before next appellate Court.
• (1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for six months.
• (2) If such accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply.
• The section 437A was Inserted by Act 5 of 2009, s. 31 (w.e.f. 31-12-2009) 

The correct option is Section Both 1 & 2.

Key Points

• Hierarchy of Public Prosecutors:-
  • The hierarchy of public prosecutors is given under section 24 of CrPC.
  • According to section 24:
    • Public prosecutor appointed by the Central Government.
    • Public Prosecutor appointed by the State Government.
    • Additional Public Prosecutor appointed by the State Government.
    • Special Public Prosecutor appointed by the Central Government.
    • Special Public Prosecutor appointed by the State Government.
  • Section 24:- It talks about the appointment of a public prosecutor in the District Court and the High Court by the State Government and Central Government.
  • Section 24(3):- The public prosecutor needs to be appointed in every district and an Additional Public Prosecutor may be appointed.
  • Section 24(4)- The District Magistrate in consultation with the Session Judge has to prepare a panel of names that are considered fit for an appointment.
  • Section 24(5):- A person can not be appointed as a public prosecutor or as an additional public prosecutor in a district by the State Government unless the person's name appears on the panel that is prepared under subsection 4.
  • Section 24(6):-It explains a case where a state has a local cadre of prosecuting officers if in the cadre there is no such suitable person for an appointment, the appointment must be made from the panel that is prepared under subsection 4.
  • Section 24(7):- A person can be appointed as a public prosecutor only after practising as an advocate for a minimum of 7 years.
• Section 25 of CrPC states that an assistant public prosecutor in the district is appointed to conduct a prosecution in a Magistrate Court.
• Section 321 of CrPC the permission is granted to the public prosecutor or assistant public prosecutor to withdraw from the case or prosecution with the court's permission before the pronouncement of a judgement.

The correct answer is option 1.Key Points

• Section 70 under Cr.P.C. provides form of warrant of arrest and duration.
• Section 70(1) says every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.
• Section 70(2) says every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.
• Section 71 provides power to direct security to be taken.
• Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.

The correct answer is option 3.Key Points

• Section 358 of the Criminal Procedure Code 1973 deals with Compensation to persons groundlessly arrested.
• Subsection (1) says whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit.
• (2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to each of
• them such compensation, not exceeding one thousand rupees, as such Magistrate thinks fit.
• (3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid.