MCQs ON Cr. P. C., 1973 (PART-8)
| 1 | Generally, an accused of NCO may be arrested without warrant. But, which Section of Section of Cr.P.C. provides for arrest of an accused of NCO without warrant for refusal to give his correct name and address–
(A) Section 41 (B) Section 42 (C) Section 43 (D) There is no such provision Ans: (B) |
| 2 | Which Section of Cr.P.C. deals with the information relating to the NCO and investigation of NCO—
(A) Section 155 (B) Section 156 (C) Section 157 (D) Section 158 Ans: (A) |
| 3 | An information relating to commission of Non-cognizable Offence (NCO) is given to—
(A) Officer-in-Charge (OIC) of any police station (PS) (B) to the nearest executive Magistrate (C) to the PS within whose jurisdiction the offence has been committed. (D) None Ans: (C) [See Section 155(1)] |
| 4 | Mark correct statements as to NCO—
(A) After recording the information, the OC refers the informant to the Magistrate having jurisdiction to try/ commit the case for trial (B) The NCO is investigated after prior permission of the Magistrate having power to try/ commit such cases (C) All correct (D) None correct Ans: (C) [See Section 155(2)] |
| 5 | Where the case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be—
(A) Cognizable (B) It will be irrelevant that other offences are non-cognizable (C) There is no such presumption (D) (A) & (B) both correct Ans: (A) [See Section 155(4)] |
| 6 | Mark incorrect statements—
(A) The Cognizable-offences (CO) are usually serious offences while NCO are lighter ones (B) The COs are generally not bailable while NCOs are generally bailable (C) In CO police may arrest without arrest warrant from a Magistrate whereas in NCO police may not arrest without warrant subject to Section 42 (D) All correct Ans: (D) |
| 7 | Mark incorrect statements—
(A) Section 156 provides that in CO the police has the duty to investigate the case without seeking any permission from the Magistrate while in NCO permission from Magistrate is a pre-requisite u/s 155 (B) In CO proceeding starts with ‘Complaint’ while in NCO proceedings starts with ‘Police Report’ (C) In CO proceeding starts with ‘Police Report’ while in NCO proceedings starts with ‘Complaint’ (D) All correct Ans: (B) |
| 8 | Mark incorrect statements—
(A) A complaint in a criminal case is what a plaint is in a civil case. (B) Section 2(d) defines “Complaint” (C) The detail provisions relating to complaint are dealt with under Chapter 16 (Sections 200-203) of the Cr.P.C. (D) All correct Ans: (C) [The details provisions relating to complaint have been made under Chapter 15 (Sections 200-203) of the Cr.P.C.] |
| 9 | Mark incorrect Statements—As per Section 2(d), complaint is—
(A) any oral or written allegation made to a Magistrate without a view to take action under this Code (B) Such complaint against ‘some person (whether known or unknown)’ (C) Allegation that such person has committed a cognizable office (D) Allegation that such person has committed an offence (whether cognizable or non-cognizable) (E) All correct Ans: (C) |
| 10 | Generally, complaint is lodged with the Magistrate. However, complaint relating to defamation of higher dignitaries shall be lodged directly with the—
(A) CJM (B) District Court (C) High Court (D) Sessions Court Ans: (D) [See Section 199(2) of the Code] |
| Typographical error, if any, is inadvertent. | |
