CPC & CRPC MCQ Quiz in मल्याळम - Objective Question with Answer for CPC & CRPC - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is Section 41.

Key Points

• The Criminal Procedure Code (CrPC) is the primary legislation regarding the procedural aspects of criminal law. 
• The Criminal Procedure Code, 1861 was passed by the British parliament.
• The CrPC was created for the first time ever in 1882 and then amended in 1898, then according to the 41st Law Commission report in 1973.
• The CrPC contains 484 sections spread along 37 chapters, along with 2 schedules and 56 forms.
• Section 41 - Any police officer may without an order from a Magistrate and without a warrant, arrest any person:​
  • Who commits, in the presence of a police officer, a cognizable offence
  • Against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine

Additional Information

• Section 130 - It is related to the use of armed forces to disperse assembly by the Executive Magistrate for public security.
• Section 51 - It is related to the search of an arrested person.
• Section 144 - It gives the power to issue an order in urgent cases of nuisance or apprehended danger.

The correct answer is Criminal Intent.

Key Points

•  Mens Rea
  • ​It refers to criminal intent.
  • The literal translation from Latin is "guilty mind".
  • It is the mental state of the crime committed.
  • The maxim means that an act does not itself make one guilty unless the mind is also guilty.

Additional Information

• The mistake of fact refers to a mistaken understanding by someone as to the facts of a situation.
  • It is a material error that can unintentionally lead to a violation of the law or a contract.
•  The maxim 'ignorantiafacti doth excusatignorantia juris non-excusat' is found in section 76 of the Indian Penal Code.
  • It states that a person who commits an offence in the view of a mistake of fact and in good faith that he was bound by law, will not be considered as an offence.
• Act of sabotaging
  • ​Sabotage is the act of hampering, deliberating hurting the efforts of another.
• Scandalising Courts
  • ​It is used to refer to any hostile criticism of a judge as a judge.
  • Scandalising the court is a form of contempt of court.
  • It consists of the publication of statements attacking the judiciary (for example accusing a court or judge of being corrupt) and likely to undermine the administration of justice or public confidence therein.

The correct answer is A matter of maintaining peace.

Key Points

• Section 107 of the Code of Criminal Procedure (CrPC) deals with the security for keeping the peace in other cases.
• This section allows the Executive Magistrate to take action against individuals who are likely to commit a breach of peace or disturb public tranquility.
• The Magistrate can require such individuals to show cause why they should not be ordered to execute a bond for keeping the peace for a period not exceeding one year.
• This provision is preventive in nature and aims to maintain peace and order in society.

Additional Information

• Executive Magistrate
  • An Executive Magistrate is an officer appointed by the government to perform executive and administrative functions related to law and order.
  • They have the authority to take preventive actions and maintain public peace and tranquility.
• Bond for Keeping the Peace
  • A bond for keeping the peace is a legal agreement where an individual commits to maintaining peace and good behavior for a specified period.
  • If the individual breaches this bond, they may face legal consequences, including imprisonment.
• Preventive Action
  • Preventive action refers to measures taken by law enforcement authorities to prevent the occurrence of criminal activities and maintain public order.
  • Such actions are aimed at deterring individuals from engaging in activities that may disturb peace and public tranquility.
• Public Tranquility
  • Public tranquility refers to the state of peace and calmness in a community where individuals can live without fear of disturbance or violence.
  • Maintaining public tranquility is essential for the overall well-being and safety of society.

The correct answer  It signifies that all necessary changes have been made.

Key Points

•  "Mutatis mutandis" translates to 'all necessary changes having been made’ or ‘with the necessary changes'.
• This phrase is used to signify that while adjustments may be required to suit different circumstances, the fundamental essence remains unchanged.
• In legal documents, it often indicates the incorporation of terms from one agreement into another, with appropriate modifications.
• For example, in a lease renewal scenario, terms from a previous agreement may be applied "mutatis mutandis," with adjustments made to accommodate changes such as new tenants. Similarly, in court, when applying a precedent case to a current matter, "mutatis mutandis" signifies that while circumstances may differ, the essential principles and decisions of the previous case still apply, with necessary adaptations.

The correct answer is section 498 A.

Key Points

• Section 498A of the Indian Penal Code (IPC) deals with the cruelty by a husband or his relatives towards a married woman.
• The law was introduced in 1983 to protect married women from being subjected to cruelty by their husbands or their relatives.
• Cruelty can include both physical and mental harassment.
• The punishment under Section 498A is imprisonment for up to three years and also a fine.

Additional Information

• Indian Penal Code (IPC)
  • The Indian Penal Code (IPC) is the main criminal code of India, which was established in 1860.
  • It covers all substantive aspects of criminal law in India.
  • It is applicable to the whole of India except the state of Jammu and Kashmir.
• Harassment
  • Harassment refers to a wide range of behaviors of an offensive nature.
  • It is commonly understood as behavior intended to disturb or upset.
  • In the legal sense, it is behavior that appears to be disturbing or threatening.
• Domestic Violence
  • Domestic violence is violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation.
  • It can take several forms, including physical, verbal, emotional, economic, and sexual abuse.
  • The Protection of Women from Domestic Violence Act, 2005 is another law in India designed to protect women from domestic violence.

The correct answer is C.R.P.C. Clause-125.

Key Points

• Clause 125 of the Code of Criminal Procedure (CrPC) deals with the order for maintenance of wives, children, and parents.
• It provides a legal remedy for dependents to claim maintenance in case they are unable to maintain themselves.
• The clause is aimed at preventing vagrancy and destitution by ensuring that a person with sufficient means provides for their dependents.
• Applications under this clause can be filed in the court of a First Class Magistrate.

Important Points

• The provision is available to wives, children, and parents who cannot maintain themselves.
• The person against whom the order for maintenance is sought should have sufficient means to provide maintenance but neglects or refuses to do so.
• The amount of maintenance is determined by the Magistrate and is subject to change based on circumstances.
• The order for maintenance can be enforced by the court through various means, including attachment of property.

The correct answer is Under Section – 17 of C.P.C

Key PointsThe Section 17 of code of civil procedure:
Issue: When a suit involves immovable property overseen by different courts' jurisdictions.
Filing: Plaintiffs can lodge the suit in any court where any part of the property exists.
Entire Claim: However, the chosen court must have authority over the entire claim's value.
Purpose: The suit can address relief or compensation for issues concerning the immovable property.

The correct answer is Section 127.

Key Points

• Section 127 of the Code of Criminal Procedure, 1973, allows a Magistrate to alter the amount of maintenance or interim maintenance granted under Section 125.
• The alteration can be made upon proof of a change in the circumstances of the person receiving or paying the maintenance amount.
• The application for alteration can be made by either party, i.e., the person receiving maintenance or the person paying it.
• The section empowers the Magistrate to ensure that the maintenance amount is just and equitable according to the prevailing circumstances.
• It provides flexibility to adjust the maintenance amount based on factors such as changes in income, employment status, or other relevant financial or personal conditions.

Additional Information

• Section 125 CrPC:
  • It provides for the payment of maintenance to wives, children, and parents who are unable to maintain themselves.
  • The purpose of this section is to prevent vagrancy and destitution by ensuring financial support to dependents.
  • The Magistrate can order monthly allowances for maintenance under this section.
• Difference between Section 125 and Section 127:
  • While Section 125 focuses on granting maintenance, Section 127 deals with alteration or cancellation of the maintenance amount based on changing circumstances.
  • Section 127 ensures that the maintenance remains fair and appropriate over time.
• Interim Maintenance:
  • Interim maintenance refers to temporary financial support granted during the pendency of the case under Section 125.
  • It ensures that the dependent party receives immediate relief until the case is decided.
• Judicial Precedents:
  • Several judgments by Indian courts have clarified the principles and application of Section 125 and Section 127 to ensure justice and fairness in maintenance cases.
  • For example, in cases like K. Sivaram v. K. Mangalamba, courts have upheld the importance of Section 127 in addressing changed circumstances.

The correct answer  It signifies that all necessary changes have been made.

Key Points

•  "Mutatis mutandis" translates to 'all necessary changes having been made’ or ‘with the necessary changes'.
• This phrase is used to signify that while adjustments may be required to suit different circumstances, the fundamental essence remains unchanged.
• In legal documents, it often indicates the incorporation of terms from one agreement into another, with appropriate modifications.
• For example, in a lease renewal scenario, terms from a previous agreement may be applied "mutatis mutandis," with adjustments made to accommodate changes such as new tenants. Similarly, in court, when applying a precedent case to a current matter, "mutatis mutandis" signifies that while circumstances may differ, the essential principles and decisions of the previous case still apply, with necessary adaptations.

The correct answer is Chapter – 18 deals with physical offences.

Key Points

• Chapter – 17 of the Indian Penal Code (IPC) deals with offenses against property. This includes crimes like theft, robbery, dacoity, criminal misappropriation of property, and criminal breach of trust.
• Chapter – 18 of the Indian Penal Code (IPC) deals with offenses related to documents and property marks. It does not deal with physical offenses as mentioned in the question.
• Chapter – 15 of the Indian Penal Code (IPC) deals with offenses related to religion. This chapter includes sections that address the defilement of places of worship, insulting religion or religious beliefs, and disturbing religious assemblies.
• Chapter – 9 of the Indian Penal Code (IPC) deals with offenses relating to public servants. It covers offenses such as public servant unlawfully engaging in trade, public servant disobeying the law with intent to cause injury, and public servant fabricating false evidence.

Additional Information

• The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law.
• The IPC was enacted in 1860 on the recommendations of the first law commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Thomas Babington Macaulay.
• It is divided into 23 chapters, comprising 511 sections, and covers a wide range of criminal offenses.
• Each chapter in the IPC deals with different types of offenses, providing detailed descriptions and corresponding punishments for each offense.