The Judgment MCQ Quiz - Objective Question with Answer for The Judgment - Download Free PDF

The Correct answer is Section 357 B

Key Points

• The Criminal Law (Amendment) Act, 2013 introduced Section 357 B to the CrPC.
• Section 357 B deals with the treatment and rehabilitation of victims of crime.
• It mandates that the State Governments prepare schemes for the victim compensation and rehabilitation.
• This section ensures that victims receive care, including medical treatment and psychological support, as part of the justice process.

Additional Information

• Option 1. Section 198 B: Deals with prosecution for offences related to dowry death and cruelty, not victim treatment.
• Option 3. Section 357 C: Does not exist in the CrPC. It is a non-existent provision.
• Option 4. None of the above: Incorrect since Section 357 B explicitly covers treatment of victims.

The correct answer is 30 days

Key Points

• Section 358 of the Code of Criminal Procedure, 1973 provides for compensation to persons groundlessly arrested.
• When a Magistrate awards compensation and the person liable fails to pay, the defaulter may be sentenced to simple imprisonment.
• Maximum default sentence for non-payment of compensation under Section 358 is 30 days.

Additional Information

• Option 1. 60 days: No provision under Section 358 for 60 days imprisonment.
• Option 3. 90 days: The default sentence of 90 days is not mentioned in Section 358.
• Option 4. 120 days: This is much beyond the permissible limit under Section 358.

The correct answer is Victim compensation scheme

Key Points

• Before this amendment, victims had limited legal support or compensation from the State.
• The amendment added provisions under Section 357A of the CrPC, making it mandatory for States to establish a Victim Compensation Scheme.
• This scheme ensures that victims receive financial aid for medical treatment, rehabilitation, or loss of earning capacity, helping in their recovery and support after the crime.
• It represents a shift towards a victim-centric justice system, recognizing the rights and needs of victims in criminal proceedings.

Additional Information

• Option 2. Plea bargaining: Incorrect — introduced earlier in 2005, not by the 2008 amendment.
• Option 3. Sentencing power of magistrate: Incorrect — no major change in sentencing powers by the 2008 amendment.
• Option 4. Medical examination of victim of rape: Incorrect — governed by other laws, not introduced by the 2008 amendment.

The correct answer is Inform the accused about the crime.

Key Points

• A charge sheet is a formal document of accusation prepared by law enforcement agencies in India.
• It is submitted to the court to inform the accused about the charges against them.
• This document lists the charges, evidence, and witnesses supporting the accusation.
• The purpose is to provide the accused with the details of the allegations and the evidence against them, ensuring a fair trial.

Additional Information

• Threatening the accused: This is not the purpose of a charge sheet. It is a legal document meant to inform and not intimidate.
• Deciding on a schedule: A charge sheet does not deal with scheduling or timelines; it strictly deals with the charges and supporting evidence.
• Giving instructions for attendance of witness: While a charge sheet may list witnesses, it does not provide instructions for their attendance. This is managed separately by the court.

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.

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.

The correct answer is option 3.Key PointsSection 364 of the Criminal Procedure Code (CrPC) 1973 ensures the original judgment shall be filed with the record of the proceedings and where the original is recorded in a language different from that of the Court, and the accused so requires, a translation thereof into the language of the Court shall be added to such record. hey chatgpt please explain it.

• Purpose and Importance of section 364 of the Criminal Procedure Code (CrPC) 1973:
  • Accessibility: This provision ensures that language does not become a barrier to understanding judicial decisions.
  • Fair Trial: It safeguards the rights of the accused by ensuring they comprehend the judgment, which is a fundamental aspect of a fair trial.
  • Legal Clarity: By maintaining translated records, the court ensures clarity and accuracy in legal documentation.

The correct answer is option 4.

Key Points

•  Section 365 of Crpc says Court of Session to send copy of finding and sentence to District Magistrate —In cases tried by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of its
  or his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held.

The correct answer is Any of the above Court

Key PointsSection 357 of The Code of Criminal Procedure, 1973, outlines the provisions for awarding compensation through court orders.

• Upon imposing a fine or a combined sentence that includes a fine, the court has the authority to allocate the entire fine or a portion of it towards:
  • a) Covering the prosecution's legitimate expenses.
  • b) Compensating any individual for losses or injuries caused by the crim b e, provided the court believes such compensation is recoverable in a Civil Court.
  • c) Offering compensation to those entitled to damages under the Fatal Accidents Act, 1855, in cases resulting in death due to the offense.
  • d) Reimbursing bona fide purchasers for their loss when the offense involves theft, misappropriation, breach of trust, cheating, or handling stolen goods, if the stolen property is returned to its rightful owner.
• Payment of compensation from fines in cases under appeal is deferred until the appeal period expires or the appeal is resolved.
• In cases not involving fines, the court may order the accused to pay compensation to the victim for any loss or injury caused by the offense.
• Appellate, High Courts, or Court of Sessions hold the power to issue compensation orders during appeals or revisions.
• Compensation awarded here must be considered by courts in any related subsequent civil lawsuits for the same matter.

The correct answer is Option 2.

Key PointsSection 361: Special reasons to be recorded in certain cases.
Where in any case the Court could have dealt with,---

• (a) an accused person under section 360 or under the provisions of the Probation of Offenders Act, 1958 (20 of 1958); or
• (b) a youthful offender under the Children Act, 1960 (60 of 1960) or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders,

but has not done so, it shall record in its judgment the special reasons for not having done so.

• In case of Ashok Kumar Moharana v. State 1994, the Court stated that, apart Section 361 was newly added in the CrPC, 1973 and this section, inter alia, provides that where in any case the Court could have dealt with an accused person under Sec 360 or under provisions of the Probation of Offenders Act, 1958 but has not done so, it shall record in its judgment the special reasons for not having done so.
• Thus from reading Section 361, Cr PC it is absolutely clear that intention of the legislature is that the provisions of Section 360 Cr PC and the Act may co-exist in the same area."

Additional Information

• Section 360:- Order to release on probation of good conduct or after admonition.

The correct answere is Section 357

Key PointsSection 357 of the Criminal Procedure Code (CrPC) pertains to court orders for compensation:

• When a court imposes a fine as part of a sentence, or when a fine is integral to the sentence (including death sentence), the court may order:
  • Utilization of the fine to cover prosecution expenses.
  • Compensation payment to individuals for losses or injuries caused by the offense, if such compensation is recoverable in a civil court.
  • Compensation to be paid to those entitled under the Fatal Accidents Act, 1855, in cases of death resulting from an offense.
  • Compensation to bona fide purchasers of stolen property if the property is returned to its rightful owner.
  • In cases where the sentence includes a fine and is subject to appeal, compensation payments are withheld until the appeal period has lapsed or the appeal is decided.
  • If the sentence does not include a fine, the court may still order the accused to pay compensation to the victim for any losses or injuries suffered due to the offense.
  • Orders for compensation under this section can also be issued by Appellate Courts, the High Court, or the Court of Session during the exercise of their revision powers.
  • Any compensation paid or recovered under this section must be considered during subsequent civil suits related to the same matter.

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.

The correct option is Both I and II.

Key Points

• Judgement
  • Chapter XXVII of the code of Criminal Procedure is about the Judgement though.
  • There is no proper definition provided under the CrPC.
  • It is the statement given by the Judge on the grounds of a decree or order.
  • It declares the final decision of the court upon the matter, summing up the evidence and arguments presented and the procedure evaluated along with the decree and order passed.
  • It Justifies it based on the entirety of the case matter. 
  • A judgment is appealable before the provisioned superior court.
  • It essentially comes along a statement on the grounds of such a decision being passed.
  • It is passed at the finality of the case that addresses the final execution of the decision taken upon hearing and evaluating the whole matter and the procedure.
  • A judge is bound to give a judgment to dismiss or decide a case.

The correct answer is option 3.Key PointsSection 364 of the Criminal Procedure Code (CrPC) 1973 ensures the original judgment shall be filed with the record of the proceedings and where the original is recorded in a language different from that of the Court, and the accused so requires, a translation thereof into the language of the Court shall be added to such record. hey chatgpt please explain it.

• Purpose and Importance of section 364 of the Criminal Procedure Code (CrPC) 1973:
  • Accessibility: This provision ensures that language does not become a barrier to understanding judicial decisions.
  • Fair Trial: It safeguards the rights of the accused by ensuring they comprehend the judgment, which is a fundamental aspect of a fair trial.
  • Legal Clarity: By maintaining translated records, the court ensures clarity and accuracy in legal documentation.

The correct answer is Act 5 of 2009

Key Points

• Section 357-A CrPC:
  • Introduced the concept of Victim Compensation Scheme.
  • Aimed at providing compensation to victims or their dependents who have suffered loss or injury as a result of a crime and require rehabilitation.
• Inserted by:
  • The Code of Criminal Procedure (Amendment) Act, 2008
  • But it came into effect in 2009 and is cited as Act 5 of 2009.
• Responsibility:
  • The State Government, in coordination with the Central Government, is required to prepare a scheme for providing funds for the purpose of compensation.

Additional Information

• Act 2 of 2006: Not related to Section 357-A.
• Act 41 of 2010: Unrelated amendment.
• None of these: Incorrect, as Act 5 of 2009 is the correct amendment.