Information To The Police And Their Powers To Investigate MCQ Quiz - Objective Question with Answer for Information To The Police And Their Powers To Investigate - Download Free PDF

The correct answer is a Judicial or Metropolitan Magistrate

Key Points

• Section 164 of the Code of Criminal Procedure, 1973 empowers only a Judicial Magistrate or Metropolitan Magistrate to record statements and confessions.
• This is to ensure the voluntariness and legality of the recorded statement.
• Executive Magistrates and Police Officers are not authorized under Section 164 to record such statements.

Additional Information

• Executive Magistrate: Incorrect; does not have power under Section 164 to record statements.
• Police Officer: Incorrect; police cannot record statements under Section 164.
• All of the above: Incorrect; only Judicial or Metropolitan Magistrates are empowered.

The correct answer is During investigation

Key Points

• Section 161 of the Code of Criminal Procedure, 1973 empowers a police officer to examine orally any person supposed to be acquainted with the facts and circumstances of the case.
• These statements are recorded only during the course of investigation, after an FIR has been registered.
• The purpose of Section 161 is to gather preliminary evidence and information before filing a charge sheet.

Additional Information

• During trial – Incorrect; trial begins after the investigation is complete and charge sheet is filed.
• Before investigation – Incorrect; Section 161 applies only once the investigation has commenced.
• During inquiry – Incorrect; inquiry is a stage before trial, typically conducted by a magistrate, not the police.

The correct answer is option 3.

Key Points

• Section 164 of the Code of Criminal Procedure, 1973 deals with the recording of confessions and statements by a Magistrate. The section lays down specific procedural safeguards to ensure the voluntariness and admissibility of the confession or statement.
• Essential Procedural Requirements under Section 164 CrPC:
  • Warning to the accused 
    • The Magistrate must warn the accused that they are not bound to make a confession and that it may be used as evidence against them.
  • Confession to be made voluntarily
    • The Magistrate must ensure that the confession is being made voluntarily and not under any coercion, threat, or inducement.
  • Memorandum at the foot of confession 
    • A memorandum must be recorded at the end of the confession, stating that the confession was made voluntarily and recorded properly, and it must be signed by the Magistrate.
  •    Recording of statement in presence of advocate of the accused
    • Not required and in fact, the presence of the advocate is specifically prohibited during the recording of a confession to prevent external influence, as per judicial interpretation (e.g., Smt. Rani v. State of Haryana, AIR 1971 SC 2156).

Additional Information

• Option 1. Warning to the accused – Required to ensure voluntariness.
• Option .2 Confession to be made voluntarily – Fundamental to admissibility under Section 164.
• Option 4. Memorandum at the foot of confession – Mandated by Section 164(3) CrPC.   

The correct answer is Cognizable

Key Points

• When an FIR contains multiple offences, and at least one of them is cognizable, the entire case is treated as cognizable.
• This means the police have the authority to investigate without prior approval of the magistrate.
• The rationale is that the presence of any cognizable offence triggers the more serious procedural requirements to ensure proper investigation.

Additional Information

• Option 2. Non-Cognizable : Incorrect because the presence of a cognizable offence overrides this.
• Option 3. It is to be seen whether it is a warrant case: Warrant or summon case classification depends on the nature of offences, but here the primary test is cognizability for investigation.
• Option 4. It is to be seen whether it is a summon case: Summon case status is not relevant to whether the case is cognizable or not for police investigation.

The correct answer is The police officer investigating the case

Key Points

• Section 160 of the Code of Criminal Procedure, 1973 empowers the police officer who is investigating a case to summon any person as a witness to appear before him or before the magistrate.
• The purpose is to aid the investigation by ensuring the presence of witnesses whose evidence may be relevant.
• The investigating officer may issue summons to witnesses to facilitate collection of evidence during the investigation phase.
• The police officer investigating the case is the one empowered under Section 160 to summon witnesses.
• This officer is responsible for gathering evidence and witness testimony to build the case.

Additional Information

• Option 1. Any police officer: Section 160 specifically authorizes only the investigating officer, not any police officer.
• Option 2. The station police officer :The officer in charge of the police station may or may not be the investigating officer; only the investigating officer has this power under Section 160.
• Option 4. None of the above: Incorrect since the power clearly exists with the investigating officer.

The Correct answer is Section 154.

Key Points

• Section 154 of the Criminal Procedure Code (Cr.P.C.) pertains to the recording of First Information Report (FIR).
• It mandates that every information relating to the commission of a cognizable offense given to an officer-in-charge of a police station must be recorded.
• If the information is given orally, it should be converted into writing by the officer and read over to the informant.
• The written information should be signed by the person giving it.
• The substance of the information should be entered in a book kept by the police station in such a form as the state government may prescribe.
• This ensures that there is an official record of complaints which can be used for further investigation and legal proceedings.

 Additional Information

• Section 134
  • This section of the Indian Evidence Act states that no particular number of witnesses shall be required for the proof of any fact.
  • This essentially means that a single witness, if reliable, can be sufficient to establish a fact in court.
• Section 174
  • This section of the Criminal Procedure Code (Cr.P.C.) deals with the police to inquire and report on suicide, etc.
  • It mandates the police to inform the nearest executive magistrate when they receive information about the suicide of a person, or the unnatural death of a person.
• Section 164
  • This section of the Criminal Procedure Code (Cr.P.C.) pertains to the recording of confessions and statements.
  • Judicial Magistrates are empowered to record confessions and statements made to them during the course of an investigation.

The correct answer is option 4.

Key Points

• Section 173(1A) of CrPC provides that the investigation in relation to an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station.
• Section 2 (h) of Cr. P.C - “Investigation" includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a magistrate in this behalf”.
• Investigation is a pre-trial stage.

The correct answer is 'A Magistrate'.

Key Points

• Power under Section 156(3) of Cr.P.C:
  • Section 156(3) of the Code of Criminal Procedure (Cr.P.C.) empowers a Magistrate to direct the police to investigate a cognizable offense.
  • This provision allows the Magistrate to oversee the initiation of an investigation if a private individual or complainant brings a matter to their attention.
  • The Magistrate has the authority to ensure compliance with the law and prevent arbitrary or biased actions during the investigation process.
  • Such powers are significant in cases where the police fail to register a First Information Report (FIR) or act on a cognizable offense.

Additional Information

• Supreme Court:
  • The Supreme Court is the highest judicial authority in India and deals with constitutional matters, appeals, and writ petitions.
  • It does not exercise powers under Section 156(3) of Cr.P.C., as these investigative powers are specifically granted to Magistrates under the law.
• Sessions Judge:
  • A Sessions Judge presides over sessions courts and deals primarily with serious criminal cases such as murder and rape.
  • While the Sessions Judge has significant judicial powers, they do not have the authority to direct investigations under Section 156(3) of Cr.P.C.
• High Court:
  • The High Court has wide-ranging powers, including appellate and supervisory jurisdiction over lower courts and tribunals.
  • Although it can intervene in investigations through writs or special orders, it does not exercise powers under Section 156(3), which are specifically designated for Magistrates.

The correct answer is option 3.Key Points

• Section 460 of Criminal Procedure Code 1973 deals with Irregularities which do not vitiate proceedings.
• If any Magistrate not empowered by law to do any of the following things, namely:—
  • (a) To issue a search-warrant under section 94;
  • (b) To order, under section 155, the police to investigate an offence;
  • (c) To hold an inquest under section 176;
  • (d) To issue process under section 187, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;
  • (e) To take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 190;
  • (f) To make over a case under sub-section (2) of section 192;
  • (g) To tender a pardon under section 306;
  • (h) To recall a case and try it himself under section 410; or
  • (i) To sell property under section 458 or section 459, erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.

The correct answer is option 3.

Key Points

•  Section 164 Recording of confessions and statements.—(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial:
  • Provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence:
  • Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.
• (2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.

The Correct answer is Magistrate having jurisdiction to try the case 

Key PointsAs Per Section 155, Information as to non-cognizable cases and investigation of such cases.—

• Upon receiving information about the occurrence of a non-cognizable offense within the jurisdiction of a police station, the officer in charge is mandated to document or ensure documentation of the information’s essence in a register maintained for this purpose, following the format specified by the State Government. The informant should then be directed to approach the Magistrate.
• Investigation into a non-cognizable offense by a police officer is prohibited unless authorized by a Magistrate competent to adjudicate or refer the case for adjudication.
• A police officer, upon obtaining such authorization from a Magistrate, is entitled to deploy similar investigative powers as applicable in cognizable cases by the station officer, with the exception of making arrests without a warrant.
• If an incident encompasses multiple offenses, including at least one cognizable offense, the entire case is treated as cognizable, even if it involves non-cognizable offenses.

The correct answer is all of the above.Key Points

• Section 161 of Cr.P.C, 1973. deals with examination of witnesses by police.
• It says any police officer making an investigation under chapter 12, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally examine any person supposed to be acquainted with the facts and circumstances of the case.
• Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
• The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records.

The correct answer is 15 days.

Key Points

• Section 167 of the CrPC provides for the Procedure when investigation cannot be completed in twenty-four hours.
• It states that —(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.
  (2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:
  Provided that— (a) the Magistrate may authorise the detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding—
  (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; 
  (ii) sixty days, where the investigation relates to any other offence,
  and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;

The correct answer is fifteen days.

Key Points

• Section 167 of the CrPC provides for the Procedure when investigation cannot be completed in twenty-four hours.
• Section 167 (2) provides that: The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction: Provided that—
  (a) the Magistrate may authorise the detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding—
  (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;
  (ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;

The correct answer is either 1) or 2).

Key Points

• Section 176 of the CrPC provides for the Inquiry by Magistrate into cause of death.
• It states that —(1) When the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 174, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 174, any Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence.
  (1A) Where,—
  (a) any person dies or disappears, or
  (b) rape is alleged to have been committed on any woman, while such person or woman is in the custody of the police or in any other custody authorised by the Magistrate or the Court, under this Code in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Judicial Magistrate or the Metropolitan Magistrate, as the case may be, within whose local jurisdiction the offence has been committed.
  (2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter prescribed according to the circumstances of the case.
  (3) Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined.
  (4) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry.
  (5) The Judicial Magistrate or the Metropolitan Magistrate or Executive Magistrate or police officer holding an inquiry or investigation, as the case may be, under sub-section (1A) shall, within twenty-four hours of the death of a person, forward the body with a view to its being examined to the nearest Civil Surgeon or other qualified medical person appointed in this behalf by the State Government, unless it is not possible to do so for reasons to be recorded in writing.
  Explanation.—In this section, the expression “relative” means parents, children, brothers, sisters and spouse.