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A Magistrate can authorize the detention of accused in police custody for a period of fifteen days. When does this period begin to run?
A
From the time of arrest by the police
B
After first remand
C
On expiry of twenty four hours of his arrest
D
After production of the accused before the Magistrate
Correct Answer:
On expiry of twenty four hours of his arrest
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
Where an accused remained in police custody for maximum period of fifteen days, he can further be remanded to police custody by
A
A Magistrate
B
A Session Court
C
The High Court in exercise of its inherent powers
D
Neither A nor B nor C
A' is arrested and detained in custody in a case of murder. The investigating police officer within 24 hours produces the accused before a Metropolitan Magistrate who has no jurisdiction to try the case, seeking police custody as investigation is not complete. The Metropolitan Magistrate has the power and jurisdiction to:
A
Grant police custody only for two days
B
Grant police custody for fifteen days
C
Discharge the accused
D
Refuse to entertain the application as he has no jurisdiction to try the case
What is the maximum period an Executive Magistrate may authorize the detention of an accused in custody?
A
Not exceeding 24 hours
B
Not exceeding 3 days
C
Not exceeding 7 days
D
Not exceeding 15 days
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
For authorizing detention of accused in custody of the police the accused must be produced before the Magistrate:
A
In person
B
Through an advocate
C
By producing an application signed by him
D
Through medium of electronic video linkage
To constitute false imprisonment
1. The detention must be unlawful.
2. The period for which detention continues is material.
3. The period for which detention continues is immaterial.
4. The knowledge of the plaintiff about his detention is material.
Select the correct answer using the given below:
A
1 and 2
B
2 and 4
C
1 and 3
D
3 only
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
Under section 167 of Criminal Procedure Code an accused person can be remanded to police custody or judicial custody, the authorisation of such detention
A
Cannot exceed forteen days at one time
B
Cannot exceed fifteen days at one time
C
Cannot exceed ten days at one time
D
Cannot exceed thirty days at one time
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