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What is the total period for which a Magistrate under section 167(2) of Code of Criminal Procedure, 1973, can authorize the detention of a person accused of offence punishable under section 304B Indian Penal Code?
A
15 days
B
60 days
C
90 days
D
180 days
E
None of these
Correct Answer:
90 days
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
Consider the following statements:
1. Section 34 of Indian Penal Code requires two persons whereas Section 149 of Indian Penal Code require five persons.
2. Section 34 of Indian Penal Code requires common intention, whereas Section 149 of Indian Penal Code requires common object
3. Section 34 of Indian Penal Code and Section 149 of Indian Penal Code both require presence of a prior consent
4. Section 34 of Indian Penal Code and section 149 of Indian Penal Code. Both create specific offence
Which of the above statements are correct?
A
1 and 3
B
2 and 3
C
1 and 2
D
2 and 4
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
Under Section 167 of the Criminal Procedure Code the Magistrate can authorize detention for a total period of 90 days during investigation in cases of offences punishable
A
With death
B
With imprisonment for life
C
With imprisonment for a term not less than 10 years
D
All the above
An accused charged under section 302 and 304B of the Indian Penal Code is acquitted of the offence under section 302 of Indian Penal Code. The presumption under section 113B of the Evidence Act is:
A
Automatically refuted
B
Not refuted
C
Not relevant
D
Irrelevant and otiose
An advocate who is accused-
1. Of a criminal offence is entitled to conduct his own defence
2. Of a criminal offence is not entitled to conduct his own defence
3. With others of a criminal offence is not entitled to appear at the trial as counsel for his co-accused
4. With others of a criminal offence is entitled to appear at the trial as counsel for his co-accused
A
1 and 3
B
1 and 4
C
2 and 3
D
2 and 4
Which of the following is an essential ingredient of an offence under Section 129, Indian Penal Code? Which of the following is an essential ingredien t of an offence under Section 129, Indian Penal Code?
1. The accused is a public servant (or was a public servant at the time of commission of the offence)
2. He was having custody of a prisoner of state or custody of a war prisoner
3. Such a prisoner was rescued or escaped
4. Such an escape or rescue was due to the negligence of the accused
A
1
B
2, 4
C
3
D
1, 2, 3, 4
To prove both the parts of the offence contemplated in Section 116 of the Indian Penal Code, which of the following must be proved by the prosecution?
1. To prove the first part, the accused did abet the offence either by instigation or by conspiracy or by intentional aiding or by illegal omission.
2. To prove the first part, the offence was such which is punishable with imprisonment.
3. To prove the second part, the person abetted was a public servant during the period he was abetted.
4. To prove the second part, it was the duty of such public servant to prevent the commission of such an offence.
A
1 and 3
B
1 and 4
C
2 and 4
D
1, 2, 3, 4
Consider the following statement(s).
A police officer has the power to arrest any person without an order from a magistrate or warrant of arrest, if he has reason to suspect his complicity in a cognizable offence punishable with imprisonment which may extend to seven years, provided that he is satisfied for reasons in writing that such arrest is necessary
1. To prevent such person from committing any further offence.
2. For proper investigation of the offence.
3. To prevent such person from tampering with or causing the evidence of the offence to disappear.
4. To compel the absconding co-accused to surrender.
Which of the statements given above are correct?
A
1 and 2
B
2 and 3
C
1, 2 and 3
D
1, 2, 3 and 4
In a case involving the offence punishable under Section 304 Part II of Indian Penal Code, the accused, is arrested and the prosecution fails to comply with the requirements of Section 167(b) Criminal Procedure Code The accused, who is a habitual offender, becomes entitled to compulsive bail on:
A
61<sup>st</sup> day from the date of his arrest
B
91<sup>st</sup> day from the date of his arrest
C
The accused is not entitled to be released on compulsive bail
D
None of the above