Code Of Criminal Procedure - Study Mode

[#831] When at the state of framing of charge the sessions court feels that the case in not exclusively triable by it, it may.
Correct Answer

(B) Frame the charge and transfer the case to the Chief Judicial Magistrate/Magistrate of the first class

[#832] Summon's case means
Correct Answer

(A) A case which is not a warrant case

Explanation

Solution: Summons Case: A summons case is defined under Section 2(w) of the Code of Criminal Procedure (CrPC), 1973. It refers to a case that is not a warrant case . Warrant cases involve offences that are punishable with death, life imprisonment, or imprisonment exceeding two years, whereas summons cases involve relatively less serious offences with lighter punishments. Correct Answer: Option A – A case which is not a warrant case According to the CrPC, a summons case is any criminal case that does not fall under the category of a warrant case. These cases generally involve minor offences with penalties such as fines or imprisonment not exceeding two years. Explanation: >> In a summons case, the procedure is simpler and faster compared to a warrant case. >> The accused is served with a summons instead of being arrested immediately. >> The trial procedure for summons cases is outlined in Chapter XX of the CrPC, which ensures a speedy and straightforward trial. >> Examples of offences tried as summons cases include public nuisance, defamation, and simple hurt. Since a summons case is defined as a case that is not a warrant case , the correct answer is Option A – A case which is not a warrant case .

[#833] What is the time limilt in Section 468, Criminal Procedure Code for taking cognizance in a case of defamation?
Correct Answer

(C) Three Years

Explanation

Solution: Time Limit for Taking Cognizance Under Section 468 CrPC: Section 468 of the Code of Criminal Procedure (CrPC), 1973, prescribes the time limits for taking cognizance of certain offences based on their punishment. This provision aims to prevent unnecessary delays in prosecuting offences and ensures timely legal proceedings. Defamation and Its Punishment: Defamation is an offence under Section 500 of the Indian Penal Code (IPC), 1860 . The punishment for defamation is simple imprisonment for up to two years, a fine, or both . Correct Answer: Option C – Three Years As per Section 468(2)(c) of the CrPC, when the offence is punishable with imprisonment exceeding one year but not more than three years, the limitation period for taking cognizance is three years . Since defamation is punishable by imprisonment of up to two years, the time limit to take cognizance of a defamation case is three years from the date of the offence. Explanation: >> Section 468 CrPC ensures that cases involving minor offences are not kept pending indefinitely. >> Since defamation carries a punishment of up to two years, it falls within the category mentioned in Section 468(2)(c). >> The time limit of three years starts from the date on which the offence of defamation was committed. Thus, the correct answer is Option C – Three Years .

[#834] Power under Section 311 of Criminal Procedure Code can be exercised by the Court
Correct Answer

(D) All the above

[#835] Which of the following sentence may be passed by Additional Session Judge?
Correct Answer

(A) Any sentence but sentence of death shall be subject to confirmation by high court