AIBE-19: Cr. P. C. PYQs with Answers

Q1. Consider the following statements… The Police Officer Mr. Patel may arrest Raju without warrant when…
(1) Raju can be arrested only if he commits a non-cognizable offence in the presence of Mr. Patel.
(2) Since the reasonable complaint against Raju has been received and there is a strong suspicion exists due to the testimony of villagers, he can be immediately arrested.
(3) Raju can be arrested only when he tries to escape or run away.
(4) Raju can be arrested so as to prevent him from making any inducement, threat or promise to any person acquainted with facts and circumstances.

A. (1) and (3)
B. (2) and (4)
C. Only (4)
D. Only (2)

Answer: B. (2) and (4)
Explanation: Under Section 41 of the Cr.P.C. (now Section 35 of BNSS), a police officer may arrest a person without a warrant against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists of his having been concerned in any cognizable offence. Further, an arrest can be made to prevent the person from tampering with evidence or threatening witnesses. Therefore, both statements (2) and (4) are correct grounds for arrest without a warrant.

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Q2. BNSS introduced the provision of registration of FIR relating to commission of cognizable offense irrespective of area where the offense is committed. This FIR is known as:
A. NCR
B. Zero FIR
C. False FIR
D. Counter FIR

Answer: B. Zero FIR
Explanation: A “Zero FIR” is an FIR that can be registered at any police station, regardless of its jurisdiction, when it receives information about a cognizable offence. The police station then transfers the case to the appropriate station. This concept, established through judicial pronouncements, has been formally incorporated into Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

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Q3. The BNSS mandates a forensic team to visit the crime scenes to collect evidence for offenses punishable with imprisonment for at least ___ years.
A. 2
B. 4
C. 7
D. 5

Answer: C. 7
Explanation: Section 176(3) of the BNSS makes it mandatory for a forensic expert to visit the crime scene to collect forensic evidence in all cases where the offence is punishable with imprisonment for seven years or more. This is a new provision aimed at improving the quality of investigation through scientific evidence collection.

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Q4. Which section of the BNSS allows for trials in absentia of proclaimed offenders?
A. 251
B. 349
C. 356
D. 366

Answer: C. 356
Explanation: Section 356 of the BNSS introduces a significant provision for the trial of a proclaimed offender in their absence (trial in absentia). This allows the court to proceed with the trial and pronounce judgment even if the accused has absconded and is evading justice, ensuring that trials are not indefinitely stalled.

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Q5. Which section of BNSS facilitates trials and proceedings to be held in electronic mode?
A. 532
B. 330
C. 430
D. 530

Answer: D. 530
Explanation: Section 530 of the BNSS provides a comprehensive framework for conducting all trials, inquiries, and proceedings via electronic mode, including video conferencing. This provision aims to digitize the justice delivery system, making it more efficient and accessible.

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Q6. Which section of BNSS repeals the Code of Criminal Procedure, 1973?
A. 531
B. 101
C. 2
D. 1

Answer: A. 531
Explanation: Section 531 of the BNSS is the repealing and saving clause. It explicitly repeals the Code of Criminal Procedure, 1973, while also providing that any investigations, inquiries, or trials pending under the old code shall continue to be dealt with under its provisions.

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Q7. Which section mandates State Government prepare and notify a witness protection scheme for the state with a view to ensure the protection of witnesses?
A. 98
B. 198
C. 298
D. 398

Answer: Withdrawn (Correct Answer is Section 398 of BNSS)
Explanation: This question was withdrawn. However, the correct provision is Section 398 of the BNSS, which mandates every State Government to prepare and notify a Witness Protection Scheme. This codifies the directions given by the Supreme Court in Mahender Chawla v. Union of India to ensure the safety and security of witnesses.

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Q8. Which section of BNSS mandates the appointment of a designated police officer in each district and police station to provide information about arrested individuals to the general public?
A. 25
B. 35
C. 37
D. 45

Answer: C. 37
Explanation: Section 37 of the BNSS introduces a new requirement for the State Government to designate a police officer in each district and police station who shall be responsible for maintaining and providing information about the persons arrested and the name and address of the police station to which they are taken. This enhances transparency and accountability.

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Q9. Which section of BNSS introduces provisions for identifying, attaching, and forfeiting the property of proclaimed offenders located outside India?
A. 74
B. 76
C. 84
D. 86

Answer: D. 86
Explanation: Section 86 of the BNSS contains new provisions that allow for the attachment and forfeiture of property belonging to a proclaimed offender, even if that property is located outside India. It outlines the procedure for sending a letter of request to a court or authority in the foreign country to execute the attachment order.

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Q10. Which section of BNSS places restrictions on the adjournment of trials, ensuring the expeditious resolution of cases?
A. 146
B. 246
C. 346
D. 356

Answer: C. 346
Explanation: Section 346 of the BNSS, corresponding to Section 309 of the Cr.P.C., deals with the power to postpone or adjourn proceedings. The new law reinforces the need for day-to-day trials and places restrictions on adjournments, allowing a party to avail a maximum of two adjournments to ensure speedy justice.

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AIBE-18: Cr. P. C. PYQs and Answers

Q11. Which of the following is incorrect with respect to diary of proceedings in investigation as per the Code of Criminal Procedure, 1973?
A. The statements of witnesses recorded during investigation shall be inserted in the diary.
B. The diary shall be duly paginated.
C. The diary may be used as evidence.
D. Can be used by the police officers to refresh memory.

Answer: C. The diary may be used as evidence.
Explanation: Under Section 172 of the Cr.P.C. (now Section 192 of BNSS), the case diary (or police diary) cannot be used as substantive evidence in a case. It is primarily a record of the day-to-day investigation. While the accused is not entitled to see it, the court can use it to aid its inquiry, and a police officer can use it to refresh their memory, but it does not have evidentiary value on its own.

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Q12. In which of the following cases manner of committing offence is not required to be mentioned in the charge as per the Code of Criminal Procedure, 1973?
A. A is accused of the theft of a certain article at a certain time and place.
B. A is accused of cheating B at a given time and place.
C. A is accused of disobeying a direction of the law with intent to save B from punishment.
D. A is accused of giving false evidence at a given time and place.

Answer: A. A is accused of the theft of a certain article at a certain time and place.
Explanation: As per Section 213 of the Cr.P.C. (now Section 233 of BNSS), the manner of committing the offence must be stated only if the particulars mentioned in Sections 211 and 212 are not sufficient to give the accused notice of the matter with which he is charged. In the case of simple theft, stating the article, time, and place is generally sufficient, and the specific “manner” of taking the object is not a necessary part of the charge.

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Q13. Which of the following offences may be tried summarily as per the Code of Criminal Procedure, 1973?
A. Offence under Section 454 of the IPC.
B. Offence under Section 504 of the IPC.
C. Offence punishable with imprisonment for a term not exceeding two years.
D. Offence punishable with life imprisonment.

Answer: Withdrawn
Explanation: This question was withdrawn. According to Section 260 of the Cr.P.C. (now Section 283 of BNSS), several offences can be tried summarily, including offences not punishable with death, imprisonment for life, or for a term exceeding two years. It also includes theft (under IPC sections 379, 380, 381) where the value of the property does not exceed ₹2000, and an offence under Section 504 IPC (insult with intent to provoke breach of the peace). The options provided were likely confusing or incomplete.

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Q14. Which of the following Section of the Code of Criminal Procedure, 1973 provides for reference to High Court?
A. Section 275
B. Section 325
C. Section 383
D. Section 395

Answer: D. Section 395
Explanation: Section 395 of the Cr.P.C. (now Section 443 of BNSS) provides for the procedure of Reference to the High Court. A lower court can refer a case to the High Court if it involves a question as to the validity of any Act, Ordinance, or Regulation, the determination of which is necessary for the disposal of the case.

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Q15. A person accused of the following offence may not be granted bail under Section 438 of the Code of Criminal Procedure, 1973: i. Accused of offence under Section 376AB of the IPC. ii. Accused of offence under Section 376DA of the IPC. iii. Accused of offence under Section 376DB of the IPC.
A. i & ii
B. ii & iii
C. iii & i
D. i, ii & iii

Answer: D. i, ii & iii
Explanation: Section 438(4) of the Cr.P.C. explicitly bars the grant of anticipatory bail to a person accused of committing rape on a woman under twelve years (376AB), gang rape on a woman under sixteen years (376DA), or gang rape on a woman under twelve years (376DB). This provision has been retained in Section 482 of the BNSS.

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Q16. Which of the following act if done by any Magistrate, even in good faith without being empowered, shall vitiate the proceedings as per the Code of Criminal Procedure, 1973?
A. Tender a pardon under Section 306 of CrPC.
B. Recall a case and try it under Section 410 of the CrPC.
C. Attaches property under Section 83 of the CrPC.
D. Hold an inquest under Section 176 of the CrPC.

Answer: Withdrawn (Correct answer is not in the options)
Explanation: This question was withdrawn. According to Section 461 of the Cr.P.C. (now Section 509 of BNSS), certain irregularities, if performed by a Magistrate not empowered by law, vitiate the proceedings. A key example from Section 461 is “tries an offender.” None of the provided options are listed in Section 461 as acts that automatically vitiate proceedings. For instance, attaching property under Section 83 in good faith is an irregularity that does not vitiate proceedings, as per Section 460.

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Q17. Which of the following sentence is an Assistant Sessions Judge authorised to pass as per the Code of Criminal Procedure, 1973?
A. Sentence of death.
B. Sentence of imprisonment for life.
C. Sentence of imprisonment for a term not exceeding ten years.
D. Sentence of imprisonment for a term exceeding ten years.

Answer: C. Sentence of imprisonment for a term not exceeding ten years.
Explanation: As per Section 28(3) of the Cr.P.C. (now Section 22(3) of BNSS), an Assistant Sessions Judge may pass any sentence authorized by law except a sentence of death, imprisonment for life, or imprisonment for a term exceeding ten years.

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Q18. A person arrested by a private person for committing a non-bailable and cognizable offence shall be re-arrested by a police officer if such person comes under which of the following provision of the Code of Criminal Procedure, 1973?
A. Section 41
B. Section 41A
C. Section 42
D. Section 43

Answer: D. Section 43
Explanation: Section 43 of the Cr.P.C. (now Section 37 of BNSS) deals with arrest by a private person. The private person must, without unnecessary delay, hand over the arrested person to a police officer. The police officer shall then re-arrest the person if there is reason to believe he comes under the provisions of Section 41 (i.e., if he is suspected of a cognizable offence).

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Q19. Under which of the following situation wife is not entitled for maintenance under Section 125 of the Code of Criminal Procedure, 1973?
A. Husband presumes that wife is living in adultery.
B. Voluntarily wife refuses to live with husband.
C. Wife living separately as husband keeps a mistress.
D. Wife is forcefully removed from the house.

Answer: Withdrawn (Correct Answer is B)
Explanation: This question was withdrawn, but the correct legal principle is found in Section 125(4) of the Cr.P.C. (now Section 144(4) of BNSS). A wife is not entitled to maintenance if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. Option B aligns with one of these statutory grounds.

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Q20. Which of the following procedure is dealt under Section 164-A of the Code of Criminal Procedure, 1973?
A. Medical examination of the victim of rape.
B. Attendance of witness by police officer.
C. Recording of confession statement.
D. Recording of first information report by police officer.

Answer: A. Medical examination of the victim of rape.
Explanation: Section 164-A of the Cr.P.C. (now Section 184 of BNSS) specifically lays down the procedure for the medical examination of a victim of rape. It mandates that the victim be sent to a registered medical practitioner for examination with her consent, and a detailed report of the examination be prepared.

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