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Section 236 of Code of Criminal Procedure, 1973, lays down a special form of procedure as to the issue of liability to enhanced punishment in consequence of previous conviction. The section is applicable to trials before:
A
Court of Session only
B
Court of Judicial Magistrate only
C
Both A and B
D
Juvenile Justice Board only
E
None of these
Correct Answer:
Court of Session only
Find out the correct matches:
1. Section 228 Criminal Procedure Code ⇔ Framing of Charge
2. Section 227 Criminal Procedure Code ⇔ Discharge
3. Section 232 Criminal Procedure Code ⇔ Acquittal
4. Section 236 Criminal Procedure Code ⇔ Previous Acquittal
A
1, 2 only
B
2, 3 only
C
1, 2, 3 only
D
1, 2, 3 and 4
Consider the following statements:
1. Section 144 of Criminal Procedure
Code is a wider and more general Section than Section 145 of Criminal Procedure Code.
2. Section 144 of Criminal Procedure Code is discretionary; whereas Section 145 of Criminal Procedure Code is mandatory.
Which one of the statements given above is/are correct?
A
1 only
B
2 only
C
Both 1 and 2
D
Neither 1 nor 2
Which one of the following combinations are not correctly matched?
1. Anticipatory bail ⇔ Section 437 of Criminal Procedure Codeode
2. Summary dismissal ⇔ Section 384 of Criminal Procedure Codeode
3. Appeal in case of ⇔ Section 376 of Criminal Procedure Code acquittal Code
4. Reference to ⇔ Section 397 of Criminal Procedure Code High Court Code
Select correct answer:
A
1, 2 and 4
B
1, 3 and 4
C
1, 2 and 3
D
2, 3 and 4
Which one of the following combinations are correctly matched?
1. Anticipatory Bail ⇔ Section 438, Criminal Procedure Code
2. Summary Dismissal of Appeal ⇔ Section 384, Criminal Procedure Code
3. Reference to High Court ⇔ Section 394, Criminal Procedure Code
4. Compounding of Offences ⇔ Section 320, Criminal Procedure Code
A
1, 2, and 3
B
1, 3 and 4
C
1, 2 and 4
D
2, 3 and 4
Statement A: Bail granted under Section 167(2) of the Code of Criminal Procedure, 1973 has same incidents as bail granted under Chapter XXXIII of the Code.
Statement B: Bail granted under Section 167(2) of the Code of Criminal Procedure, 1973 cannot be cancelled under Section 437(5) of the Code.
A
Statement A is correct
B
Statement B is correct
C
Both the statements are correct
D
Both the statements are incorrect
To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition
A
1, 2
B
3, 4
C
2, 4, 5
D
All of these
Propositions as regards the liability of the surety under the surety bond are:
1. The liability of the surety is mutually exclusive of the liability of the accused under his personal bond.
2. The liability of the surety is contingent on the liability of the accused under his personal bond the liability of the surety.
3. is limited to the amount of the surety bond.
Now which of the following is correct
A
1 and 3 are correct
B
1 and 2 are correct
C
2 and 3 are correct
D
1, 2 and 3 all are correct
Which Section of Indian Penal Code deals with enhanced punishment for offences under Chapter XII or Chapter XVII after previous conviction?
A
Section 74
B
Section 75
C
Section 73
D
Section 76
Carefully read following statements:
1. According to Section 34 of Indian Penal Code, requirement is of two persons, whereas under Section 149 of Indian Penal Code, requirement is of five persons.
2. According to Section 34 of Indian Penal Code, common intention is required whereas under Section 149 Indian Penal Code, common object is required
3. Previous consent is required under Section 34 & 149 of Indian Penal Code
4. Section 34 of Indian Penal Code and Section 149 of Indian Penal Code constitutes a specific offence
Which of the above statements is true:
A
1 and 3
B
2 and 3
C
1 and 2
D
2 and 4
1. A Judicial Magistrate First Class can authorize the detention in custody, of a person accused of an offence triable by Special Court established under The Narcotic Drugs and Psychotropic Substances Act, 1985, for a period not exceeding fifteen years.
2. The Special Court established under The Narcotic Drugs and Psychotropic Substances Act, 1985, cannot exercise the power to authorize the detention of accused in custody, as enunciated under Section 167 of Code of Criminal Procedure.
3. The definition of 'use' under Section 2(xxviii-a) of The Narcotic Drugs and Psychotropic Substances Act, 1985, excludes personal consumption of narcotic drugs and psychotropic substances.
4. The High Court, by special order, may constitute as many Special Courts under The Narcotic Drugs and Psychotropic Substances Act, 1985, as necessary.
Which of the above statements are correct?
A
1 and 2
B
1 and c
C
2 and 3
D
3 and 4