Legal IQ

Legal IQ

1. A Magistrate has the power to direct the police to investigate into
(a) a non-cognizable offence
(b) a cognizable offence
(c) only a non-cognizable offence, as in a cognizable offence the police is under a duty to investigate
(d) Both (a) and (b).

2. If in a case one or more of the offences is cognizable and the rest are non-cognizable, the whole case shall be deemed to be
(a) non-cognizable
(b) cognizable
(c) depends upon the punishment provided for the cognizable offence
(d) None of the above.

3. Warrant case means a case
(a) relating to an offence punishable with imprisonment for a term exceeding three years
(b) relating to an offence punishable with imprisonment for a term exceeding two years
(c) in which a police officer cannot arrest without warrant
(d) in which a police officer cannot investigate without the orders of a Magistrate.

4. In a bailable offence
(a) conditions can be imposed while granting bail by the police officer
(b) conditions can be imposed while granting bail by the court
(c) no condition can be imposed while granting bail by the police officer or by the court
(d) only mild conditions can be imposed by the court only.

5. Mark the incorrect statement:
(a) FIR can be used to corroborate the informant under Section 145 of the Evidence Act, 1872 or to contradict him under Section 157 of the Evidence Act, 1872
(b) A Magistrate can order investigation under Section 156(3) of Cr PC, 1973 only at the pre-cognizance stage
(c) Section 162 of CrPC, 1973 prohibits the use of statements made to the police during the course of investigation for corroboration.
(c) None of the above.

6. Statements recorded during investigation under Section 161 by the police
(a) cannot be used for any purpose during the trial
(b) can only be used for corroborating a witness
(c) can only be used for contradicting a witness
(d) None of the above.

7. Where an accused is granted bail under Section 167(2), proviso (a) of Cr PC, 1973 and on filing of chargesheet the investigation revealed that the accused has committed a serious offence, the bail so granted under Section 167(2), proviso (a) of Cr PC
(a) cannot be cancelled in the absence of special reasons
(b) can be cancelled under Section 437(5)
(c) can be cancelled under Section 439(2)
(d) None of the above.

8. For the purposes of computation of period of 90 days or 60 days, as the case may be, for the purposes of Section 167(2) of Cr PC
(a) the day of arrest of the accused has to be excluded
(b) the day on which the accused was remanded is to be excluded
(c) the day of arrest of the accused and the day on which the accused was remanded, if different, both have to be excluded
(d) the day of arrest of the accused only has been excluded and the day on which the accused was remanded, even if different cannot be excluded.

9. Objection as to the lack of territorial jurisdiction of the criminal court
(a) can be taken before or at the time of commencement of trial
(b) can be taken at any time after the commencement of trial
(c) can be taken in appeal for the first time
(d) All the above.

10. Non-compliance with the provisions under Section 191 of Cr PC where cognizance is taken by the Magistrate under Section 190(1)(c) of Cr PC
(a) is an irregularity curable under Section 460 of Cr PC
(b) vitiates the trial and proceedings will be wholly void
(c) does not vitiate the trial unless it has caused prejudice to the accused
(d) Both (a) and (c).

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