General Provisions As To Inquiries And Trials MCQ Quiz in বাংলা - Objective Question with Answer for General Provisions As To Inquiries And Trials - বিনামূল্যে ডাউনলোড করুন [PDF]

The correct option is Section 302.

Key Points

• Permission to conduct a prosecution:-
  • Section 302 of CrPC gives "Permission to the Magistrate who is inquiring into or trying a case may permit the prosecution to be conducted by any person who is not a police officer but should be below a rank of Inspector".
  • Persons entitled to conduct prosecution without permission are:
    • Advocate-General
    • Government Advocate
    • Public Prosecutor
    • Assistant Public Prosecutor
  • An officer (police) cannot be permitted to conduct the prosecution if he took part in the investigation process of the offence to the offence with which the accused is being prosecuted.
  • The power to allow any person or a complainant to appear personally or through a pleader to conduct the prosecution is in the hands of the Magistrate.
  • Section 302 of CrPC and two Judgements of the Supreme Court of M/s J.K. International V. State, Govt of NCT of Delhi are the answer to the proposition that a trial by a Magistrate, a complainant or any other person in addition to a Public Prosecutor can assist the court and can also participate in the conduct of a trial.
  • The Supreme Court also adhered to the law of the land binding on all Courts.
• Case:-
  • M/s J.K. International V. State, Govt of NCT of Delhi, 2001
    • The Apex Court held that the scope of allowing any private person who intends to participate in the conduct of prosecution is wider under Section 302. If the court thinks that on a request of a party, the cause of justice could be served better if such permission is granted then such permission should generally be granted by the Court.

The correct answer is Section 307 of Indian Penal Code

Key Points

• Section 307 IPC – Attempt to Murder:
  • It is a serious and non-compoundable offence.
  • Nature: Cognizable, non-bailable, and triable by a Court of Session.
  • Punishment: Imprisonment up to 10 years or life imprisonment with or without fine.
• Section 320 CrPC:
  • It lists compoundable offences, i.e., offences that can be compromised between the victim and the accused with or without the court’s permission.
  • Section 307 IPC is not included in this list and hence cannot be compounded.
• Exception:
  • In exceptional cases, High Courts may quash proceedings under Section 482 CrPC based on a compromise, but this is not the same as compounding under Section 320.

Additional Information

• Section 323 IPC (Voluntarily causing hurt): Compoundable with the permission of the court.
• Section 334 IPC (Voluntarily causing hurt on provocation): Compoundable.
• Section 448 IPC (House-trespass): Compoundable.

The correct answer is Section 304

Key Points

• Section 304 CrPC provides that if a person accused of an offence punishable with death or life imprisonment or imprisonment for not less than 7 years is not able to engage a pleader due to lack of means, the court shall assign a pleader for his defence at the expense of the State.
• This ensures that the right to fair trial under Article 21 of the Constitution is upheld even for indigent accused.

Additional Information

• Section 301 CrPC – Deals with the appearance by Public Prosecutors and their role in court.
• Section 303 CrPC – Provides that an accused has the right to be defended by a pleader of his choice but does not mention legal aid at State expense.
• Section 306 CrPC – Deals with tender of pardon to accomplices in certain criminal cases.

The correct answer is Section 311 A

Key Points 

• Section 311A of the Code of Criminal Procedure, 1973 was inserted by the Criminal Procedure (Amendment) Act, 2005.
• It empowers a Judicial Magistrate to order any person (including the accused) to give specimen signature or handwriting for the purposes of investigation or proceedings under the CrPC.
• This provision helps in forensic comparison and aids in establishing identity or authorship in criminal cases.

Additional Information

• Section 310A: No such section exists in CrPC.
• Section 312A: Incorrect and not relevant to specimen signature or handwriting.
• Section 313A: Not a valid section under CrPC.

The correct answer is Section 315

Key Points

• Under Section 315 CrPC, an accused is a competent witness and may choose to appear as a witness in his own defense if he voluntarily chooses to do so.
• Voluntary Testimony:
  • An accused cannot be compelled to testify.
  • He may offer himself as a witness on oath, but only on his own request.
• Protection from Adverse Inference: If the accused chooses not to be a witness, no adverse inference can be drawn against him for that reason.
• Rights under Indian Constitution: Aligns with Article 20(3) of the Constitution: Right against self-incrimination.
• Scope of Evidence: If the accused testifies, he is subject to cross-examination, just like any other witness.

Additional Information

• Option 1. Section 312 CrPC : Deals with the power to issue commissions for examination of witnesses, not about the accused as a witness.
• Option 2. Section 313 CrPC : Relates to examination of the accused by the court to explain circumstances in evidence, not testimony under oath.
• Option 4. Section 316 CrPC : Pertains to tender of pardon to an accomplice, not about the accused testifying.

The correct answer is can be compounded only with the permission of the Court

Key Points

• Section 320 of the Code of Criminal Procedure, 1973,  deals with the compounding of offences.
  • Section 320(1): Lists offences that can be compounded without the permission of the Court.
  • Section 320(2): Lists offences that can be compounded with the permission of the Court.
• Section 506 of the Indian Penal Code deals with criminal intimidation, which can vary in severity.
• As per Section 320(2) CrPC, “Criminal intimidation punishable under Section 506 IPC, when the offence is punishable with imprisonment up to two years or with fine or with both,”
•  Can be compounded with the permission of the Court.
• This means that only the simple form of criminal intimidation (not the aggravated form) is compoundable.
• The person intimidated (the victim) can apply to compound the offence with court’s permission.

The correct answer is cannot be compounded

Key Points

• Section 320 of the Code of Criminal Procedure, 1973 deals with the compounding of offences, i.e., allowing certain offences to be settled between the victim and the offender, resulting in withdrawal of prosecution.
• This provision makes it explicitly clear that:
  • Only those offences listed in Section 320(1) and 320(2) can be compounded.
  • No other offences can be compounded either with or without the permission of the court.
• Compounding is a mutual settlement between the victim and the accused.
• It leads to closure of the case without trial or further prosecution.
• It is generally allowed in minor, non-serious offences (like hurt, defamation, etc.).

The Correct answer is Option 1

Key Points

•  As per Section 320(8) of the Code of Criminal Procedure, 1973, when an offence is compounded in accordance with the provisions of Section 320, it has the effect of an acquittal of the accused.
• Compounding means that the victim or complainant agrees to settle the matter and withdraws the charge against the accused with or without the permission of the court (depending on the nature of the offence).
• Once the offence is legally compounded, it is as if the accused has been acquitted.

The correct answer is Option 2.

Key PointsThe provision that mandates that criminal courts shall be open to the public, except in exceptional cases, is provided under Section 327 of the Code of Criminal Procedure, 1973 (CrPC).

Key Provisions of Section 327 CrPC:

1. General Rule of Open Courts – Criminal courts should be open to the public, ensuring transparency in judicial proceedings.

2. Exception in Special Cases – The court may restrict public access in cases involving rape, sexual offenses, or matters of sensitive nature to protect the privacy and dignity of the victims.

3. Trial of Rape Cases (Section 327(2) & (3)) – Trials in rape and sexual offenses should be conducted in-camera (closed to the public) to protect the victim’s identity and dignity.

The correct answer is Section 320

Key Points

• Section 320 CrPC provides for the compounding of offences, i.e., settling the matter between the victim and the accused with permission of the court or without it (depending on the offence).
• It lists compoundable offences in two tables:
• Table 1: Offences compoundable without the permission of the Court.
• Table 2: Offences compoundable with the permission of the Court.
• Only offences specified in Section 320 can be compounded. Other offences cannot be compounded.
• Compounding results in acquittal of the accused.
• Purpose: To promote reconciliation and reduce the burden on courts.

Additional Information

• Section 420 (IPC) – Incorrect because it's from the Indian Penal Code, not CrPC, and it deals with cheating, not compounding.
• Section 482 (CrPC) – Incorrect because it deals with the inherent powers of the High Court to prevent abuse of process, not with compounding of offences.
• Section 395 (CrPC) – Incorrect because it relates to reference to High Court when constitutional questions are involved, not compounding.