MCQs—Code of Criminal Procedure, 1973 (PART-9)
| 1 | Mark correct statement as to essentials of complaint—
(A) It must be an allegation about the commission of a cognizable offence (B) Such allegation may be oral or written necessarily mentioning of particular section or offence (C) Allegation must be against some known person (D) All incorrect Ans:(D) [The complaint is an allegation about the commission of an offence (whether cognizable or non-cognizable offence). Such allegation may be oral or written. Mentioning of particular section or offence is not necessary. Allegation must be against some person whether known or not known.] |
| 2 | Mark correct statements—
(A) Complaint must be made to a Judicial Magistrate (B) Complaint must be made with a view that Magistrate should take action under the Cr.P.C (C) A report to a judge is not a complaint because a complaint should always be made to a Magistrate (D) Information sent to the police officer is not a complaint (E) All correct Ans:(E) |
| 3 | Mark incorrect statement—
(A) It is not necessary that the complaint must be made by the aggrieved person and it may be made by any person who is aware with the offence (B) A complaint does not include a police report (C) After investigation, if a police report discloses the commission of a non-cognizable offence, such report is deemed as a complaint and the police officer by whom such report is made is deemed as the complainant (D) All correct Ans: (D) [See Explanation to Section 2(d)] |
| 4 | Mark incorrect statement—
(A) An invalid police report can be treated as complaint by the Magistrate (B) Where the police officer is complainant he must not proceed with the investigation into the complaint (C) A report filed by a member of Railway Protection Force having similar powers as are possessed by an investigating officer is a complaint. (D) All correct Ans: (A) [An invalid police report can not be treated as complaint by the Magistrate.] |
| 5 | Which Section of Cr.P.C. deals with dismissal of complaint by Magistrate on the ground of non-sufficiency to proceed—
(A) Section 200 (B) Section 201 (C) Section 202 (D) Section 203 Ans: (D) |
| 6 | Mark incorrect statement—
(A) If the dismissal of complaint under Section 203 is not on merit rather it is dismissal for default, there is no bar in filing second complaint on the same facts by the same Magistrate (B) There is no prescribed format for filing complaint. (C) A complaint may be sent by post or by telegram. (D) A complaint may not be made jointly Ans: (D) [A complaint may be made jointly] |
| 7 | Mark incorrect statements—
(A) The term ‘FIR’ is not defined under the Cr.P.C. (B) An FIR is the first report of a cognizable offence which is made to the Officer-in-Charge of the concerned police in whose jurisdiction the subject offence has been committed (C) The police can not refuse to lodge the FIR on the plea that it has no jurisdiction over the place of crime (D) After lodging the FIR, the police shall transfer the said FIR to the concerned police station in whose jurisdiction crime has been committed Ans: (B) [An FIR is made to the Officer-in-Charge of any police station. Whether the Police Station is having jurisdiction or not is irrelevant] |
| 8 | Mark correct statement—
(A) An FIR may be oral or written (B) There is no need of mentioning the names of the accused or witnesses in the FIR and containing minutest details of commission of offence is not necessary as an FIR is not supposed to be encyclopaedic (C) Availability of alternative remedy can not be a ground for refusal to lodge an FIR (D) All correct Ans: (D) |
| 9 | The Supreme Court in Lalita Kumari vs. Govt. Of U.P. and Ors (2014) held that—
(A) The registration of FIR is mandatory under Section 154 of Cr.P.C. if the information discloses the commission of a cognizable offence (B) In case, the information disclosing commission of a cognizable offence is not registered, actions must be taken against erring officials who do not register the FIR (C) Before registering FIR, no preliminary inquiry (viz., corruption cases/ matrimonial disputes/ family disputes/ commercial offences/ medical negligence cases etc.) is permissible where the information disclosed commission of a cognizable offence. (D) All correct Ans: (D) |
| 10 | In which case the SC held that the FIR to be uploaded on police website or official website of the government concerned—
(A) State of Telangana v. Habbi Abdullah Jeelani (B) Lalita Kumari vs. Govt. Of U.P. and Ors (C) Youth Bar Association of India v. State of Kerala (D) None Ans: (D) [In Youth Bar Association of India v. Union of India, (2016) the SC has held that the FIR to be uploaded on police website or official website of the government concerned] |
| Typographical error, if any, is inadvertent. | |
