General Provisions As To Inquiries And Trials MCQ Quiz - Objective Question with Answer for General Provisions As To Inquiries And Trials - Download Free PDF

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 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 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 304 of CrPC says Legal aid to accused at State expense in certain cases.—(1) Where, in a trial before the Court of Session,the accused is not represented by a pleader, and where it appears to the Court that the accused has not sufficient means to engage a pleader, the Court shall assign a pleader for his defence at the expense of the State.
• (2) The High Court may, with the previous approval of the State Government, make rules providing for—
  • (a) the mode of selecting pleaders for defence under sub-section (1);
  • (b) the facilities to be allowed to such pleaders by the Courts;
  • (c) the fees payable to such pleaders by the Government, and generally, for carrying out the purposes of sub-section (1).
• (3) The State Government may, by notification, direct that, as from such date as may be specified in the notification, the provisions of sub-sections (1) and (2) shall apply in relation to any class of trials before other Courts in the State as they apply in relation to trials before Courts of Session.

The correct option is acquittal.

Key Points

• Section 320 of the Code of Criminal Procedure, 1973 deals with the "Compounding of offences."
• The section provides a list of offences that may be compounded by the parties involved, i.e., the victim and the accused.
• Compounding means the settlement of a dispute between the parties by mutual agreement.
• Compounding of Offenses:
  • Section 320:-
    • It deals with the offences that may be compounded.
    • Compounding essentially means the parties involved agree and the complainant agrees not to proceed with the case.
• Classification of Offenses:
  • The offences under Section 320 are classified into two categories:
  • Compoundable Offenses Without the Permission of the Court:
    • The victim can directly agree to compound these offences without seeking permission from the court.
  • Compoundable Offenses With the Permission of the Court:
    • Compounding these offences requires the court's permission.
• List of Offenses:
  • Section 320 provides a detailed list of compoundable offences.
  • The list includes offences under the Indian Penal Code (IPC) and other laws. 
• Non-Compoundable Offenses:
  • Some offenses are deemed non-compoundable means they cannot be settled through a compromise between the parties.
  • For such offences, the court's intervention is mandatory.
• Public Policy Consideration:
  • In certain cases, offences affecting public policy or involving serious crimes may not be compoundable at all, or their compounding may require special considerations.
• Procedure for Compounding:
  • The process of compounding involves the parties reaching a mutual agreement, and the court may play a role in approving the settlement, especially in cases where its permission is required.
• Effect of Compounding:
  • Once an offence is compounded, the accused is generally discharged from the case and further legal proceedings against them are terminated.

The correct answer is option 2.Key Points

• In general, in countries observing the rule of double jeopardy, a person cannot be tried twice for the same crime based on the same conduct. If a person robs a bank, that individual cannot twice be tried for robbery for the same offense.
• Section 300 of Criminal Procedure Code 1973 deals with person once convicted or acquitted not to be tried for same offence.
• (1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of section 221, or for which he might have been convicted under sub-section (2) thereof.
• (2) A person acquitted or convicted of any offence may be afterwards tried, with the consent of the State Government, for any distinct offence for which a separate charge might have been made against him at the former trial under sub-section (1) of section 220.
• (3) A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted.
• (4) A person acquitted convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged.
• (5) A person discharged under section 258 shall not be tried again for the same offence except with the consent of the Court by which he was discharged or of any other Court to which the first-mentioned Court is subordinate.
• (6) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1897 (10 of 1897) or of section 188 of this Code.
• Explanation.—The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section.

The correct answer is Option 3.

Key Points

• Section 321 of the Code gives a general executive discretion to the Public Prosecutor or the Assistant Public Prosecutor to withdraw from the prosecution, subject to the consent of the Court. The consent, if granted, has to be followed up by discharge or acquittal of the accused as the case may be.
  • If withdrawal is made before a charge had been framed, the accused shall be discharged in respect of such offence or offences and; 
  • if such withdrawal is made after a charge has been framed, or when under the Code no charge is required, the accused shall be acquitted in respect of such offence. But this Section gives no indication as to the grounds on which the Public Prosecutor may move the application or the consideration on which the Court is to grant its consent. In granting consent the Court must exercise judicial discretion.
• In the case Sheo Nandan Paswan v. State of Bihar and others (1983) 1 SCC 438 the Supreme Court opined that Section 321 of the code enables the Public Prosecutor to withdraw from the prosecution with the consent of the Court. Before on application made Under Section 321 Cr.P.C. the Public Prosecutor has to apply his mind to the facts of the case independently without being subject to any outside influence and secondly that the Court, before which the case is pending can not give its consent to withdraw without itself applying mind to the fact of the case.
•  In the case of Rajender Kumar v. State through Special Police Establishment, (1980) 3SCC 435 the Supreme Court has held that "It shall be the duty of the Public Prosecutor to inform the grounds for withdrawal to the Court and it shall be the duty of the Court to appraise itself of the reasons which prompt the Public Prosecutor to withdraw from the prosecution. The Court has a responsibility and a stake in the administration of criminal justice and so has the Public Prosecutor, its ‘Minister of Justice’. Both have a duty to protect the administration of Criminal justice against possible abuse or misuse by the Executive by resort to the provision of Section 321, Cr.P.C. The independence of the judiciary requires that once the case has travelled to the Court, the Court and its officers alone must have control over the case and decide what is to be done in each case.

The correct answer is can be called as a witness only on his own request in writing.

Key Points

• Section 315 of the CrPC provides for the Accused person to be competent witness.
• It states that —(1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial:
  Provided that— (a) he shall not be called as a witness except on his own request in writing; 
  (b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any person charged together with him that the same trial.
  (2) Any person against whom proceedings are instituted in any Criminal Court under section 98, or section 107 or section 108, or section 109, or section 110, or under Chapter IX or under Part B, Part C or Part D of Chapter X, may offer himself as a witness in such proceedings:
  Provided that in proceedings under section 108, section 109, or section 110, the failure of such person to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against him or any other person proceeded against together with him at the same inquiry.

The correct answer is All of the above.

Key Points

• Section 320 of the CrPC provides for the Compounding of offences.
• Section 320(4) states that: (a) When the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf may, with the permission of the Court, compound such offence.
  (b) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 (5 of 1908) of such person may, with the consent of the Court, compound such offence.

The Correct answer is Option 3

Key Points  Withdrawing the prosecution based solely on the inability to locate the accused is generally not considered a valid or sufficient ground. The decision to permit withdrawal of prosecution usually involves considerations of broader interest of justice, the possibility of a fair trial, the impact on the community, and other significant factors. Simply not being able to locate the accused does not adequately address these considerations. Therefore, this statement is not correct in the context of prosecutorial discretion and legal standards for withdrawing a case.

The correct answer is option 3.

Key Points

• The Constitution Bench of Hon'ble SC in the landmark case of Hardeep Singh Vs. State of Punjab (2014)SC laid down following guidelines with respect to Section 319 CrPC:-
• The word 'evidence' has to be broadly understood. Materials coming before the Court in course of inquiries can be used for corroboration of the evidence recorded during trial by the Court.
• The 'evidence' need not be tested by cross-examination. The power can be exercised even on the basis of examination-in-chief.
• The degree of satisfaction required for summoning the person u/s 319 CrPC is same as that of framing of charge.
• A person not named in FIR or a person though named in FIR but has not been charge sheeted or a person who has been discharged can be summoned  u/s 319 CrPC.
• Additional Information 
• Section 319 CrPC is based on the doctrine of 'judex damnatur cum nocens absolvitur' ie., Judge is condemned when guilty is acquitted.