General Provisions As To Inquiries And Trials MCQ Quiz in मल्याळम - Objective Question with Answer for General Provisions As To Inquiries And Trials - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct option is Section 302.

Key Points

• Permission to conduct a prosecution:-
  • Section 302 of CrPC gives "Permission to the Magistrate who is inquiring into or trying a case may permit the prosecution to be conducted by any person who is not a police officer but should be below a rank of Inspector".
  • Persons entitled to conduct prosecution without permission are:
    • Advocate-General
    • Government Advocate
    • Public Prosecutor
    • Assistant Public Prosecutor
  • An officer (police) cannot be permitted to conduct the prosecution if he took part in the investigation process of the offence to the offence with which the accused is being prosecuted.
  • The power to allow any person or a complainant to appear personally or through a pleader to conduct the prosecution is in the hands of the Magistrate.
  • Section 302 of CrPC and two Judgements of the Supreme Court of M/s J.K. International V. State, Govt of NCT of Delhi are the answer to the proposition that a trial by a Magistrate, a complainant or any other person in addition to a Public Prosecutor can assist the court and can also participate in the conduct of a trial.
  • The Supreme Court also adhered to the law of the land binding on all Courts.
• Case:-
  • M/s J.K. International V. State, Govt of NCT of Delhi, 2001
    • The Apex Court held that the scope of allowing any private person who intends to participate in the conduct of prosecution is wider under Section 302. If the court thinks that on a request of a party, the cause of justice could be served better if such permission is granted then such permission should generally be granted by the Court.

The correct answer is Section 315

Key Points

• Section 315 of the Code of Criminal Procedure, 1973 provides that:
  • An accused person shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him.
• However:
  • The accused cannot be compelled to be a witness.
  • His failure to testify shall not be taken as evidence of guilt.
  • If the accused opts to appear as a witness, he waives his right to silence and is open to cross-examination like any other witness.

Additional Information

• Section 312 – Relates to orders for payment of compensation, not witness testimony.
• Section 313 – Deals with personal examination of the accused by the court to explain evidence, but not as a sworn witness.
• Section 316 – No such relevant section for this context in CrPC.

The correct answer is Section 307 of Indian Penal Code

Key Points

• Section 307 IPC – Attempt to Murder:
  • It is a serious and non-compoundable offence.
  • Nature: Cognizable, non-bailable, and triable by a Court of Session.
  • Punishment: Imprisonment up to 10 years or life imprisonment with or without fine.
• Section 320 CrPC:
  • It lists compoundable offences, i.e., offences that can be compromised between the victim and the accused with or without the court’s permission.
  • Section 307 IPC is not included in this list and hence cannot be compounded.
• Exception:
  • In exceptional cases, High Courts may quash proceedings under Section 482 CrPC based on a compromise, but this is not the same as compounding under Section 320.

Additional Information

• Section 323 IPC (Voluntarily causing hurt): Compoundable with the permission of the court.
• Section 334 IPC (Voluntarily causing hurt on provocation): Compoundable.
• Section 448 IPC (House-trespass): Compoundable.

The correct answer is Section 304

Key Points

• Section 304 CrPC provides that if a person accused of an offence punishable with death or life imprisonment or imprisonment for not less than 7 years is not able to engage a pleader due to lack of means, the court shall assign a pleader for his defence at the expense of the State.
• This ensures that the right to fair trial under Article 21 of the Constitution is upheld even for indigent accused.

Additional Information

• Section 301 CrPC – Deals with the appearance by Public Prosecutors and their role in court.
• Section 303 CrPC – Provides that an accused has the right to be defended by a pleader of his choice but does not mention legal aid at State expense.
• Section 306 CrPC – Deals with tender of pardon to accomplices in certain criminal cases.

The correct answer is Section 311 A

Key Points 

• Section 311A of the Code of Criminal Procedure, 1973 was inserted by the Criminal Procedure (Amendment) Act, 2005.
• It empowers a Judicial Magistrate to order any person (including the accused) to give specimen signature or handwriting for the purposes of investigation or proceedings under the CrPC.
• This provision helps in forensic comparison and aids in establishing identity or authorship in criminal cases.

Additional Information

• Section 310A: No such section exists in CrPC.
• Section 312A: Incorrect and not relevant to specimen signature or handwriting.
• Section 313A: Not a valid section under CrPC.

The correct answer is S. 304

Key Points 

• Section 304 of the Criminal Procedure Code (CrPC), 1973 deals with legal aid to accused persons.
• It provides that if an accused is facing trial before a Court of Session and does not have sufficient means to engage a lawyer, the court shall assign a pleader for his defense at the expense of the State.
• This section ensures that no person is deprived of a fair trial merely due to lack of funds, aligning with Article 39A of the Constitution of India (Directive Principle of State Policy) which mandates free legal aid.

Additional Information

• 2) Section 306 – Incorrect: Relates to tender of pardon to an accomplice, not legal aid.
• 3) Section 301 – Incorrect: Deals with the appearance of private pleaders in court, not state-sponsored legal aid.
• 4) Section 302 – Incorrect: Relates to permission for a complainant to conduct prosecution, not free legal aid.

The correct answer is The Public Prosecutor

Key Points

• Section 321 of the Criminal Procedure Code (CrPC), 1973 provides that:
  • “The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the court, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried...”
• This withdrawal must be done before the judgment is pronounced and requires the permission of the court.

Additional Information

• 1) The State Government – Incorrect: The State Government may direct, but cannot directly withdraw prosecution under CrPC — the Public Prosecutor must do it.
• 3) The aggrieved person – Incorrect: An aggrieved person cannot withdraw prosecution unless the offence is compoundable under Section 320 CrPC, and even then, it’s not "withdrawal" but compounding.
• 4) The writer of F.I.R. – Incorrect: The informant or complainant has no authority to withdraw prosecution unless the offence is compoundable.

The correct answer is Section 300(1)

Key Points

• Section 300(1) of the Criminal Procedure Code (CrPC), 1973 provides for the rule against double jeopardy, meaning:
• “A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall not be liable to be tried again for the same offence while such conviction or acquittal remains in force.”
• This reflects the constitutional protection under Article 20(2) of the Constitution of India, which also prohibits prosecution and punishment for the same offence more than once.

Additional Information

• Option 1) Section 303 – Incorrect: This deals with legal representation of accused persons.
• Option 2) Section 20(3) – Incorrect: This refers to powers of Executive Magistrates, not related to double jeopardy.
• Option 4) None of the above – Incorrect: Section 300(1) does specifically address the bar against double jeopardy.

The correct answer is Section 320 of Cr. P.C.

Key Points

• Section 320 of the Criminal Procedure Code (CrPC), 1973 specifically deals with the compounding of offences, and it provides:
• A list of offences that are compoundable (i.e., can be settled between parties with or without court permission).
• The persons by whom the offences may be compounded.

Additional Information

• 1) 1st Schedule of CrPC – Incorrect: It classifies offences as cognizable/non-cognizable and bailable/non-bailable, not compoundable/non-compoundable.
• 2) 2nd Schedule of CrPC – Incorrect: There is no 2nd Schedule under the CrPC; this is not relevant.
• 4) Section 321 of CrPC – Incorrect: This deals with withdrawal from prosecution by the Public Prosecutor with the court's consent, not compounding.

The correct answer is Section 315

Key Points

• Under Section 315 CrPC, an accused is a competent witness and may choose to appear as a witness in his own defense if he voluntarily chooses to do so.
• Voluntary Testimony:
  • An accused cannot be compelled to testify.
  • He may offer himself as a witness on oath, but only on his own request.
• Protection from Adverse Inference: If the accused chooses not to be a witness, no adverse inference can be drawn against him for that reason.
• Rights under Indian Constitution: Aligns with Article 20(3) of the Constitution: Right against self-incrimination.
• Scope of Evidence: If the accused testifies, he is subject to cross-examination, just like any other witness.

Additional Information

• Option 1. Section 312 CrPC : Deals with the power to issue commissions for examination of witnesses, not about the accused as a witness.
• Option 2. Section 313 CrPC : Relates to examination of the accused by the court to explain circumstances in evidence, not testimony under oath.
• Option 4. Section 316 CrPC : Pertains to tender of pardon to an accomplice, not about the accused testifying.