CrPC MCQ Quiz - Objective Question with Answer for CrPC - Download Free PDF

The correct answer is Section 357(C)

Key Points

• Section 357(C) of the Criminal Procedure Code, 1973 was inserted by the Criminal Law (Amendment) Act, 2013.
• It mandates that:
  • All hospitals, public or private, whether run by the Central Government, State Government, local bodies, or otherwise, shall immediately provide first-aid or medical treatment free of cost to the victim of any offence covered under Section 326A, 376, 376A, 376B, 376C, 376D or 376E of the IPC.
• Non-compliance by the hospital or person in charge is punishable under Section 166B of the IPC.

Additional Information

• Section 357(A) – Relates to Victim Compensation Scheme, not direct medical treatment.
• Section 357(B) – Provides that compensation under 357A is in addition to fine under Section 326A/376 etc.
• Section 357 – General provision for payment of compensation from fines imposed by courts.

The correct answer is Section 261

Key Points

• Section 261 of the Code of Criminal Procedure, 1973 states:
  • A Magistrate of the Second Class may try offences in a summary way only if empowered by the High Court.
• Without such express empowerment, a Magistrate of the Second Class cannot conduct summary trials.
• Even when empowered, they may only try offences punishable with imprisonment not exceeding six months.

Additional Information

• Section 260 – Deals with First Class Magistrates and Chief Judicial Magistrates conducting summary trials.
• Section 262 – Lays down procedure for summary trials, not about who can conduct them.
• Section 263 – Pertains to record of summary trials, not eligibility to conduct them.

The correct answer is Chief Judicial Magistrate

Key Points

• Section 190(2) of the Code of Criminal Procedure, 1973 provides that:
  • The Chief Judicial Magistrate (CJM) may empower any Magistrate of the second class to take cognizance of offences under sub-section (1) of Section 190.
• This is necessary because a Second Class Magistrate does not have inherent power to take cognizance unless specifically empowered by the CJM.
• The CJM can grant this power either generally or for specific classes of cases.

Additional Information

• High Court – Has powers of superintendence but not specifically empowered under Section 190(2).
• Court of Sessions – Can try cases but cannot empower Magistrates under this section.
• None of the above – Incorrect; the Chief Judicial Magistrate is explicitly mentioned

The correct answer is Section 315

Key Points

• Section 315 of the Code of Criminal Procedure, 1973 provides that:
  • An accused person shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him.
• However:
  • The accused cannot be compelled to be a witness.
  • His failure to testify shall not be taken as evidence of guilt.
  • If the accused opts to appear as a witness, he waives his right to silence and is open to cross-examination like any other witness.

Additional Information

• Section 312 – Relates to orders for payment of compensation, not witness testimony.
• Section 313 – Deals with personal examination of the accused by the court to explain evidence, but not as a sworn witness.
• Section 316 – No such relevant section for this context in CrPC.

The correct answer is Section 197 CrPC

 Key Points

• Section 197 of the Code of Criminal Procedure, 1973 deals with:
• Prosecution of Judges and public servants for offences alleged to have been committed while acting or purporting to act in the discharge of their official duties.
• It states that:
  • Prior sanction of the Central or State Government is required before a court can take cognizance of such an offence.
  • This provision aims to protect honest public servants from frivolous or vexatious litigation for acts done in good faith.
• It applies to:
  • Judges
  • Magistrates
  • Public servants not removable from office except by government sanction

Additional Information

• Section 179 CrPC – Deals with venue of trial when an act is done in one place and consequence ensues in another.
• Section 192 CrPC – Relates to making over of cases by Magistrates, not prosecution.
• Section 297 CrPC – No such section exists in CrPC.

The correct answer is 1973.

Key Points

• The Code of Criminal Procedure (CrPC) is a procedural law that governs the process of investigation and trial of criminal cases in India.
• The CrPC was enacted in 1973 and came into force on April 1, 1974.

Additional Information

• Following the Indian uprising of 1857, the British crown assumed control of the country, and in 1861 the Criminal Procedure Code was passed.
• The legacy of British India lasted until 1973, when the present Code was passed and went into effect on April 1st, 1974.
• The main objective of the CrPC is to ensure a fair and just investigation and trial of criminal cases, while also protecting the rights of the accused and the victims.
• It offers the tools necessary for conducting criminal investigations, apprehending suspected offenders, gathering evidence, establishing the guilt or innocence of the accused, and determining the appropriate punishment for the guilty.
• In addition, it addresses maintaining a spouse, child, and parents as well as preventing offenses and public nuisances.
• The Code of Criminal Procedure is divided into 37 chapters with 484 sections, 2 schedules, and 56 forms.
• A Bill to replace the CrPC with the Bharatiya Nagarik Suraksha Sanhita (BNSS) was presented in the Lok Sabha on August 11, 2023.

The correct answer is two.

Key Points

• According to Section 2(x) of the Code of Criminal Procedure, a warrant case is one that is related to an offence whose punishment can be a death sentence, life imprisonment, or imprisonment for a term exceeding two years.
• Section 2(x) of CRPC states that "warrant-case" means a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.
• In criminal proceedings CRPC is applicable and in Civil proceedings the CPC is applicable.
• CPC - Civil Procedure Code.

Additional Information

• CRPC may be called the Code of Criminal Procedure, 1973.
• It extends to the whole of India.
• Chapters VIII, X, and XI of CRPC shall not apply -
  • to the State of Nagaland,
  • to the Tribal Areas.
• It came into force on the 1st day of April 1974.

The correct answer is option 3.Key Points

• Section 217 of Criminal Procedure Code 1973 deals with Recall of witnesses when charge altered.
• Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed:
  • (a) To recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice;
  • (b) Also to call any further witness whom the Court may think to be material.
• Section 311 of Criminal Procedure Code 1973 deals with  Power to summon material witness, or examine person present.
• Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.

The correct answer is option 4.Key Points

• Section 395 of Criminal Procedure Code 1973 Reference to High Court.
• (1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is Subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court.
• Explanation.—In this section, “Regulation” means any Regulation as defined in the General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act of a State.
• (2) A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case pending before it or him to which the provisions of sub-section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case.
• (3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may, pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon.

Additional Information

• Section​ 366 of Criminal Procedure Code 1973 deals with Sentence of death to be submitted by Court of Session for confirmation.
• Section​ 368 of Criminal Procedure Code 1973 deals with Power of High Court to confirm sentence or annul conviction.

The correct answer is option 2.Key Points

• Section 4 of Criminal Procedure Code 1973 deals with trial of offences under the Indian Penal Code and other laws.
• It states all offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions in Cr.P.C. 1973.
• All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner of place of investigating, inquiring into, trying or otherwise dealing with such offences.

The Correct answer is Not compoundable

Key Points According to Section 320(9) of the Cr.P.C, an offense can only be compounded in the manner specified within this section and no other method is permitted for compounding offenses.

The correct answer is option 4.Key Points

• Section 437A of criminal Procedure Code 1973 deals with bail to require accused to appear before next appellate Court.
• (1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for six months.
• (2) If such accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply.
• The section 437A was Inserted by Act 5 of 2009, s. 31 (w.e.f. 31-12-2009) 

The correct option is Section Both 1 & 2.

Key Points

• Hierarchy of Public Prosecutors:-
  • The hierarchy of public prosecutors is given under section 24 of CrPC.
  • According to section 24:
    • Public prosecutor appointed by the Central Government.
    • Public Prosecutor appointed by the State Government.
    • Additional Public Prosecutor appointed by the State Government.
    • Special Public Prosecutor appointed by the Central Government.
    • Special Public Prosecutor appointed by the State Government.
  • Section 24:- It talks about the appointment of a public prosecutor in the District Court and the High Court by the State Government and Central Government.
  • Section 24(3):- The public prosecutor needs to be appointed in every district and an Additional Public Prosecutor may be appointed.
  • Section 24(4)- The District Magistrate in consultation with the Session Judge has to prepare a panel of names that are considered fit for an appointment.
  • Section 24(5):- A person can not be appointed as a public prosecutor or as an additional public prosecutor in a district by the State Government unless the person's name appears on the panel that is prepared under subsection 4.
  • Section 24(6):-It explains a case where a state has a local cadre of prosecuting officers if in the cadre there is no such suitable person for an appointment, the appointment must be made from the panel that is prepared under subsection 4.
  • Section 24(7):- A person can be appointed as a public prosecutor only after practising as an advocate for a minimum of 7 years.
• Section 25 of CrPC states that an assistant public prosecutor in the district is appointed to conduct a prosecution in a Magistrate Court.
• Section 321 of CrPC the permission is granted to the public prosecutor or assistant public prosecutor to withdraw from the case or prosecution with the court's permission before the pronouncement of a judgement.

The correct answer is option 1.Key Points

• Section 70 under Cr.P.C. provides form of warrant of arrest and duration.
• Section 70(1) says every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.
• Section 70(2) says every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.
• Section 71 provides power to direct security to be taken.
• Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.

The correct answer is option 3.Key Points

• Section 358 of the Criminal Procedure Code 1973 deals with Compensation to persons groundlessly arrested.
• Subsection (1) says whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit.
• (2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to each of
• them such compensation, not exceeding one thousand rupees, as such Magistrate thinks fit.
• (3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid.