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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.<br>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.<br>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.<br>4. The High Court, by special order, may constitute as many Special Courts under The Narcotic Drugs and Psychotropic Substances Act, 1985, as necessary.<br>Which of the above statements are correct?
A
1 and 2
B
1 and c
C
2 and 3
D
3 and 4
Correct Answer:
1 and c
Where two or more courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try the offence, the question shall be decided
1. If the courts are subordinate to the same High Court, by that High Court
2. By the High Court within the local limits of whose appellate criminal jurisdiction the accused resides, carries on business or is engaged in a gainful employment
3. If the courts are subordinate to the same High Court, by that High Court in consultation with the State Government concerned
4. If the courts are not subordinate to the same High Court, by that court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced
Which of the above are correct?
A
1 and 2
B
2 and 3
C
1 and 4
D
1, 2, 3 and 4
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
PRINCIPLES: 1. Nothing is an offence which is done in the exercise of the right of private defense.
2. When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of that person or by reason of misconception on the part of that person, every person has the same right of private defense against that act, which he would have if that act were an offence.
3. Everyone has the right to defend their life and property against criminal harm provided it is not possible to approach public authorities and more harm than that is necessary has not been caused to avert the danger.
4. If in the exercise of right of private defense against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defense extends to the running of that risk.
5. The right of private defense continues as long as apprehension of danger continues.
FACT: A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a housebreaker, attacks A.
A
A has no right of private defense because it is available against an offender only
B
A has the same right of private defense against Z, which he would have had if Z was not acting under a misconception
C
A has exceeded his right of private defense
D
None of the above
Under Criminal Procedure Code where two or more courts have taken cognizance of the same offence and question arises as to which of them ought to try that offence, the question shall be decided
1. By the Supreme Court
2. If the Court are subordinate to the same High Court by that High Court
3. If the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced
Choose the correct answer:
A
Only 1 is correct
B
2 and 3 are correct
C
1, 2 and 3 all are correct
D
1 and 3 are correct
Regarding bail applications, a Bench comprising of Justice A. K. Goel and Justice U. U. Lalit of the Supreme Court of India has asked all High Courts to issue directions to their Subordinate Courts that
1. All bail applications normally be disposed of by judicial officers within one week.
2. Magisterial trial where accused is in custody be concluded within six months.
3. Session trial where accused is in custody normally be concluded within two years.
4. Efforts to be made to dispose of all cases, which are ten years old, by the end of the year.
5. The above timelines may, however, will not be the touchstone for assessment of judicial performance in annual confidential reports
A
2, 3, 4
B
1, 2, 3
C
4 and 5
D
All of the above
If the Sessions Judge is of the opinion that there is ground for presuming that the accused has committed an offence, which is not exclusively triable by the Court of Session, he may order to transfer the case for trial by the Chief Judicial Magistrate or any other Judicial Magistrate First Class
A
After framing a charge
B
Before framing a charge
C
After recording of evidence
D
None of the above
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
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
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
Section 167 of the Criminal Procedure Code provides that the nature of custody can be altered from judicial custody to police custody and vice-versa this alteration can be done during the period of first
A
15 days
B
16 days
C
14 days
D
12 days