Code Of Criminal Procedure - Study Mode

[#1206] Anticipatory Bail under Section 438 of the Criminal Procedure Code, 1973 can be invoked in cases of?
Correct Answer

(B) Non-bailable offences

Explanation

Solution: Anticipatory Bail under Section 438 of the Criminal Procedure Code, 1973: Anticipatory bail is a legal provision that allows a person to seek bail in anticipation of arrest. It is granted under Section 438 of the Code of Criminal Procedure (CrPC), 1973, to prevent undue harassment or unjustified detention. This type of bail is sought before a person is actually arrested, ensuring protection from immediate custody. Correct Answer: Option B – Non-bailable offences Anticipatory bail can only be invoked in cases of non-bailable offences . These are serious offences where bail is not a matter of right and is granted only at the discretion of the court. Since bailable offences already provide an accused with the right to bail under Section 436 of CrPC, anticipatory bail is not required for such cases. Explanation: >> Section 438 of the CrPC empowers the High Court or Sessions Court to grant anticipatory bail if a person believes they may be arrested for a non-bailable offence. >> Non-bailable offences are typically more serious in nature, such as offences involving grievous hurt, theft, rape, murder, or economic fraud. >> The court considers factors such as the nature of the accusation, the applicant’s history, and whether granting bail would affect the investigation before deciding on anticipatory bail. Since anticipatory bail is not applicable to bailable offences (as bail is automatically granted in such cases), Option B – Non-bailable offences is the correct answer.

[#1207] In which of the following cases, the Supreme Court held that in case of dishonor of cheque, merely because the notice was put into post by the lawyer who has his residence or place of practice at a different centre, such place cannot claim jurisdiction?
Correct Answer

(B) National Panasonic v. Harman Electronics

Explanation

Solution: Jurisdiction in Cases of Cheque Dishonor: In cases of cheque dishonor under Section 138 of the Negotiable Instruments Act, 1881, jurisdiction is an important factor. The court where the case can be filed is usually determined by where the cheque was presented, dishonored, or where the notice of dishonor was issued. Correct Answer: Option B – National Panasonic v. Harman Electronics In the case of National Panasonic v. Harman Electronics , the Supreme Court of India ruled that merely because a legal notice regarding the dishonor of a cheque was sent from a particular location, it does not grant that place jurisdiction to entertain the complaint. Explanation: >> The case involved a cheque dishonor dispute where the complainant’s lawyer sent a legal notice from a different city and then claimed jurisdiction based on that location. >> The Supreme Court held that jurisdiction cannot be determined solely based on the place where the notice was dispatched by the lawyer. >> Instead, jurisdiction is determined by other factors, such as where the cheque was presented for payment, where it was dishonored, or where the payee maintains their account. >> This ruling was significant in preventing forum shopping, where complainants might try to file cases in a location of their convenience rather than the legally appropriate place. Thus, the correct answer is Option B – National Panasonic v. Harman Electronics .

[#1208] In which one of the following cases did the Supreme Court lay down detailed guidelines with regard to the use of Section 451 Criminal Procedure Code (order for custody and disposal of property pending trial in certain cases):
Correct Answer

(B) Sunderbhai Ambalal Desai v. State of Gujarat (2002) 10 SCC 283

[#1209] A Magistrate can authorize the detention of accused in police custody for a period of fifteen days. When does this period begin to run?
Correct Answer

(C) On expiry of twenty four hours of his arrest

[#1210] If the accused is convicted in a criminal case for an offence under the stature which does not provide for payment of compensation-
Correct Answer

(C) The Court can award compensation under section 357 of the Criminal Procedure Code, but the award will be taken into account in subsequent civil suits