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FIR (First Information Report) can be given by the accused also. If FIR (First Information Report) is given by the accused the same can be used
A
For corroboration of the accused
B
For contradiction of the accused
C
As an admission if the same is non-confessional
D
Against the accused as confession
Correct Answer:
As an admission if the same is non-confessional
The propositions are
1. Delay and dispatch of FIR (First Information Report) is not the circumstance which can throw out prosecution case in its entirety.
2. Delay and despatch of FIR (First Information Report) is a circumstance which can throw out the prosecution case in its entirety.
3. The extraordinary delay in sending the FIR (First Information Report) is a circumstance which provides a legitimate basis for suspecting that the FIR (First Information Report) was recorded much later than the stated date and hour, affording sufficient time to the prosecution to introduce improvement,
Which of the following is correct in respect of the aforesaid preposition?
A
1 is true, 2 and 3 are false
B
1 and 3 are true but 2 is false
C
2 and 3 are true but 1 is false
D
3 is true, 1 and 2 are false
The propositions are:
1. Delay in despatch of the First information Report (FIR) is not a circumstance which can throw out the prosecution case in its entirety.
2. Delay in despatch of the First information Report (FIR) is a circumstance which can throw out the prosecution case in its entirety.
3. The extra-ordinary delay in sending the First information Report (FIR) is a circumstance which provides a legitimate basis for suspecting that the First information Report (FIR) was recorded much later than the stated date and hour, affording sufficient time to the prosecution to introduce improvements.
Which of the following is correct in respect of the aforesaid proposition
A
1 is true, 2 and 3 are false
B
1 and 3 are true, 2 is false
C
2 and 3 are true, 1 is false
D
3 is true, 1 and 2 are false
A' filed a FIR (First Information Report) giving details of a crime that he had committed. There were no exculpatory statements in the FIR (First Information Report) and gave all the details regarding the commission of the crime. Which of the following statements is accurate:
A
The FIR (First Information Report) is hit by Section 25 of the Indian Evidence Act and hence is inadmissible as an evidence. However, the fact that 'A' filed the FIR (First Information Report) is admissible under Section 8 of the Indian Evidence Act
B
Since the FIR (First Information Report) is confessional in nature, the fact that 'A' filed the FIR (First Information Report) is also not admissible in evidence
C
FIR (First Information Report) including confession is admissible under the Indian Evidence Act as it was voluntary and before arrest
D
It is admissible under Section 32(c) of the Indian Evidence Act
Where the First information Report (FIR) discloses, prima facie, commission of a cognizable offence, and there is a delay in sending the First information Report (FIR) to the Magistrate, under section 157 of Criminal Procedure Code
A
The investigation must go on
B
The Magistrate can order for stopping of investigation on account of delay in sending the First information Report
C
The Magistrate can order for stopping of investigation irrespective of the delay in sending the First information Report
D
The Magistrate can order for stopping of investigation generally
Under Section 27 of the Evidence Act, in respect of confessional evidence
1. So much of the information as it relates distinctly to the fact discovered in consequence of information received from the person accused may be proved against him.
2. Person giving such information must be accused of an offence.
3. Accused need not be in the police custody.
4. Any statement of the accused confessing his guilt must be made in presence of a Magistrate, in all cases, whether anything is discovered or not in consequence of such statement, may be proved against him.
A
1 and 2 are true
B
2 and 3 are true
C
3 and 4 are true
D
1 and 4 are true
Each material circumstance appearing in evidence against the accused must be put to the accused specifically, distinctly and separately. In this context, the propositions are
1. Failure to put the material evidence to the accused always vitiates the trial
2. Failure to put the material evidence amounts to a serious irregularity which can not be cured and vitiates the trial, if it has prejudiced the accused.
3. Failure to put the material evidence is not considered to services & is curable if infact no failure of justice has occasioned to the accused.
Now which of the following is correct
A
1 and 2 are correct
B
1 and 3 are correct
C
1, 2 and 3 all are correct
D
2 and 3 all are correct
Which of the following statements is/are correct?
All evidence taken in the course of the trial or other proceeding must be taken in the presence of the
1. Accused only.
2. Accused and his pleader.
3. Pleader of the accused, when the attendance of the accused is dispensed with.
4. Accused, except as otherwise provided under the Code of Criminal Procedure, 1973.
Select the correct answer:
A
2
B
1
C
3 and 4
D
4 only
Read the following:
1. First information Report is only a report about the commission of a crime.
2. First information Report in itself is a substantial evidence.
Of the above:
A
1 is true, but 2 is false
B
1 is false, but 2 is true
C
Both 1 and 2 are true
D
Both 1 and 2 are false
The accused mentioned in First information Report (FIR) wants it to be quashed, he would approach the following one court
A
Only District Court
B
Only High Court
C
Only Supreme Court
D
All Court
An FIR (First Information Report) in relation to the offence under Section 406 Indian Penal Code is lodged on 1
st
January 2010 The Police conducts investigation and submits a negative Final Report in the Court concerned on 2
nd
February 2012.The Court takes cognizance of the above offence on 3
rd
March 2013. In these circumstances, which of the following is correct:
A
The proceedings are barred by limitation
B
The proceedings are not barred by limitation as the offence under Section 406 Indian Penal Code is a continuing offence
C
The proceedings are not barred by limitation as the FIR (First Information Report) was lodged promptly
D
None of the above