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CRPC - 2 PYQs

The document is an examination question paper for B.A. LL.B. (H) Semester IX on Criminal Procedure Code (Cr.P.C.) with a total of 10 questions divided into five units. Students are required to attempt five questions, including one from each unit, covering various aspects of criminal law such as charges, prosecution, trial procedures, appeals, and juvenile justice. Each question carries equal marks, and the paper emphasizes the importance of relevant legal provisions and judicial decisions in answering the questions.

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0% found this document useful (0 votes)
51 views14 pages

CRPC - 2 PYQs

The document is an examination question paper for B.A. LL.B. (H) Semester IX on Criminal Procedure Code (Cr.P.C.) with a total of 10 questions divided into five units. Students are required to attempt five questions, including one from each unit, covering various aspects of criminal law such as charges, prosecution, trial procedures, appeals, and juvenile justice. Each question carries equal marks, and the paper emphasizes the importance of relevant legal provisions and judicial decisions in answering the questions.

Uploaded by

arfaimteyaz39
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Total pages: 3

BLW-906
B.A. LL.B. (H) Roll No. ..
Semester IX Examination, 2018
P'aper- Iv
Cr.P.C. - II

Time: Three Hours


(Write Maximum Marks: 75
your Roll No. at top immediately on receipt of this
question paper)
Attempt any five questions in total including one question from each Unit.
All questions carry equal marks.

UNTT-T
1. (a) Discuss the importance of Charge 'in a criminal Trial. Who may be charged
jointly?
(b) A case was
registered under Section 376, Indian Penal Code, as against the
'B
(Respondent). In the course of the trial, at the instance of the A'
(Appellant), an
application was filed invoking Section 216 of the Code of Criminal Procedure
wherein a prayer was made to add an additional charge for offence under Section
417 Indian Penal Code along with charge under Section 376, Indian Penal Code and
to treat the additional charge of the
original charge. Can any party seek
as one

addition alteration' of charge as of right? Discuss with the


or
help of relevant
provisions in Cr.P.C. and recent judicial pronouncements.
2. (a) Discuss the relevance for grant of sanction for prosecution of public servant. In What

type of Cases Sanction is not required? Explain.


(b) Whether the Magistrate can order an investigation under Section 156 (3) against a
public servant in the absence of valid sanction? Explain with the help of judicial

decisions.
UNIT-II
3. At the trial, the accused pleads guilty to the charge but it is not accepted and the
Magistrate proceeds to record evidence and convicts him without recording the statement
of the accused under Section 313, Cr. P. C.. Discuss the validity of such an order. Refer
the relevant provisions of Cr.P.C. and case laws to support your answer.
4. (a) Discuss the scope and extent of the powers of the courts under the criminal justice
system to arraign any person as an accused during the course of inquiry or trial under

Section 319, Cr.P.C.


b) 'A' "B° and 'C' were named in the FIR along with other persons but 'A' °B' and 'C"
were not arraigned as accused in the charge sheet on the basis of material collected
during investigation. The charges were framed against those who were accused in the
charge sheet and prosecution evidence was recorded. An application was filed by the
complainant under Section 319 of Cr.P.C. and trial court summoned 'A' 'B' and "C"
as additional accused under Section 319 of Code of Criminal
Procedure, 1973
(Cr.P.C.) to face the trial along with other accused persons on the basis of materials
available in the charge sheet or the diary. Decide the
case legality of the trial court
order in the light of recent judicial pronouncement.

UNIT-III

5. Discuss the procedure of 'Warrant Trial' in the


instituted otherwise than on police
cases

report. Whether depositions of the complainant and his wilnesses recorded before
cwgnizance is taken by the Magistrate would constitute evidence for the Magistrate to
trame charges against the accused under Section 244, Cr.P.Cc.? Elaborate.
6. (a) What is the object of Section 235(2), Cr.P.C.? Whether failure to give an opportunity
under Section 235(2), Cr.P.C. will affect the conviction, if the court imposed minimum
sentence prescribed by law for any particular offence? Examine.
(b) Discuss the power of the Judicial Magistrate of First Class to convert a summary case
into a summons case and a summons case into a warrant case. Is vice versa allowed?

UNIT-IV
7. (a) Discuss the provisions relating to Appeal against conviction.
(b) 'A member of Legislative Assembly in the State of 'C was convicted of offences
under Sections 353, 504 and 506 of the Penal Code and was sentenced to imprisonment
for a period of three years. 'A' filed an appeal in the Session Court and the Court stayed
the execution of sentence and conviction. The disqualification, which would otherwise
stand attracted, would not operate from the date on which the conviction has been stayed.

Is stay order valid?-Decide


8. (a) Whether the father of the
deceased, has statutory right to
Court against the order of prefer an appeal to the High
acquittal under
obtaining the leave of the High Court as proviso to Section 372 of Cr.P.C. without
Cr.P.C? Describe with the required under sub-Section (3) to Section
help relevant provisions and
of 378 of
(b) 'A' is tried decided cases.
bythe High Court and the court
sentence of
imprisonment for five months and Rs.750convicted
fine. as
him. The Court
passes a
against conviction. Advise. 'A' wants to file
an
appeal
9. UNIT-V
(a) Discuss the key features
of the Juvenile
2015. Justice (Care and
Protection of
Children),
b) What orders may be
passed regarding a child found to be in
Whether the child in conflict conflict with law?
with law can be
10. Write note on
the sentenced to death? Discuss.
following:
(a) Release on
probation of good conduct with
(b) Bail to a person who is in
compensation
conflict with law.

3
LW906
BL-196
B.A. LL.B.
(H) Semester IX
Paper - IV
Examination, 2017
Cr.P.C.-II
Time: Three Hours
(Write your Roll No. at top Marimum Marks: 75
immediately on
receipt of this
Answer ONE
All
question from each Unit. question papcr)
questions carry equal marks.
1. What procedure a UNIT-I
Magistrate has to follow
Whether an amendment to
on
receiving
complaint filed under Section 200complaint
a
a under Cr.P.C.7
law'? Discuss with the Cr.P.C. is
help of
recent judicial permissible in
2. The
general rule contained under Section 190decisions.
motion by making Cr.P.C.that any person can set the law in
a
complaint but in certain offences the law
cognizance until and unless a complaint has does not permit
been made by some taking
person." Disouss in the light of particular authority or
contempt of the lawful authority of
public servant.
3. Discuss the UNIT-II
ambit and scope of tender of pardon to
empowered to grant
tender of pardon in
accomplice. Whether Magistrate is
a
respect of those cases where charge sheet is
before the Magistrate but the filed
cases are triable by the Session Court or by the
Judge for the offences under Prevention of Special
4. (i) Explain the Corruption Act?
scope of Doctrine of Autrefois
Acquit and Autrefois Convict.
(i)'A' strikes 'B' on his head with a stick
causing fracture on the skull. 'A' is tried for
causing grievous hurt (section 325 IPC) before a
allows compounding of the offence
Magistrate of the First Class. The court
by "B' and 'A' accordingly
320 of Cr.P.C. But 'B' acquitted under section
subsequently died due to an injury caused by A' and
'A' is therefore
placed trial before the court for an
on
offence under section 304 IPC (culpable
homicide not amounting to murder). Here in this case can 'A' be tried
offence of culpable homicide. Decide.
onceagain for the
UNIT-IDI
5. Define the term "Trial? What is the procedure for trial where a Court of Session is taking
cognizance of an offence under sub-section 2 of section
199 of Cr.P.C. on a complaint
filed by public prosecutor? Explain
6. What do you mean by judgment'? Discuss the procedure for the pronouncement of
prescribed in Cr.P.C.. Can a judgment announced ,but not available on
judgment as
records be considered a judgment'? Comment.
UNTT-IV
7. Examine the power of the Appellate Court. Do you think that the power of the
(a)
court?
Appellate Court is coextensive with the power of trial
two years in respect of
b) The Trial Court convicted 'A' by awarding imprisonment for
but in Appeal thc High Court
the offences under Sertions 307, 328 and 392 of the IPC
replace
court and it with
set aside simple imprisonment of two years awarded by the trial
and
a fine of Rs.35,000. Can Appellate court alter punishment/sentence of imprisonment
fine into a sentence of tine only under Cr.P.C.? Decidc.
the
8. Discuss the power of Supreme Court to transfer cases. On whose application may
a fair and
Supreme Court transfer cases? Whether the apprehension of not getting
case laws.
impartial inquiry or trial can be a ground for transfer of case? Refer to
UNIT-V
9. What do you mean by 'Child in conflict with law'? Discuss the procedure for inquiry anad
trial in respect of child in conflict with law under the Juvenile Justice (Care and
Protection of Children) Act, 2015.
10. Discuss the extent and scope of the Probation Offenders Act, 1958. Do you agree with
this statement that "The Probation Offenders Act, 1958 is a milestone in the progress of
the modern liberal trend of reform in the field of penology"? Elucidate your answer with
the help of judicial pronouncement.
BL-196
B.A. LLB. (E) Semester IX Examination, 2016
Paper VI
Cr.P.C. I
Time: Three Hours
Maximum Marks: 75
(Write your Roll No. at
top immediately on receipt of this
question paper)
Answer ONE question from each
Unit.
All
questions carry equal marks.
UNIT-I
1. (a) Explain the meaning and
purpose of Charge. Whether the
detail reasons judge is required to record
as to
why such charge is framed?
b) A was
charged under section 325 of IPC with
subsequently expired. The causing grievous hurt. The victim
charge was however not
altered. Can A be convicted
murder under section 302 PC. for
Decide.
2. (a) Discuss the teritorial
jurisdiction of Criminal Courts in Cr.P.C. Is there
to the any exception
general rule ofjurisdiction?
b)X and Y
performing joumey fom Mumbai to
were
Mumbai and Allahabad, an Kolkata. Somewhere between
altercation took place between X and Y
grievous hurt to Y. Both X and Y broke their regarding reservation
of birth and X
caused
and reached Kolkata court to
journey at Allahabad
try the offence of
Kolkata court have jurisdiction to the causing grievous hurt by X to Y. Can
try case? Give reasons in
support your answer.
UNIT-II
3. (a) Describe the procedure for the trial of
Summon Cases.
b) In a Summon trial' an accused
pleads guilty under section 252 Cr.P.C. After
pleading guilt the Magistrate convicts
of
the
such
accused and does not follow the
under section 281 Cr.P.C. Is the procedure
conviction illegal? Answer with the
and refer to support of reasons
law, if any.
cases
4. Write note on the
following:
require attendance of prisoners. Is there any
the court to
) Discuss the power of
exception to this rule?
Plea Bargaining and Compoundable offences.
(i) Distinguished between
UNIT-II
and purposc of Appeal. Whether the Cr.P.C. has conferred the
5. (a) Explain the meaning
Discuss.
Right of Appeal?
offences. The trial Court convicted the acc sed
A and B are tried by a Court for some
b)
Court convicting the accused
A and passes a sentence which is appealable, while the
a sentence which is not appealable. B wants to prefer the appeal. Advice.
B passes
and scope of Revision under Cr.P.C. Whether availability of
6. Discuss the meaning
alternative remedy of criminal revision under Section 397 Cr.P.C.
can be a ground to
case laws.
dismiss an application under Section 482 of Cr.P.C.? Refer to
UNTT-IV
Probation. Also discuss the advantages and
7. (a) Explain the meaning and objective of
disadvantages of Probation.
What type of offenders are released on Probation?
b)
8. (a) What are the conditions to be fulfilled to release certain offenders on probation of
good conduct?
b) A' was tried in the court of Additional Sessions Judge for offences under sections
147,148, 307, 323 and 307 read with section 149 of Indian Penal Code and
section 25
of the Arms Act. But A' was convicted under section 326 read with section 149 of
Indian Penal Code and was sentenced to undergo rigorous imprisonment fora period
of five years. 'A' was less than 21 years of age on the date of his conviction. Can 'A'
claim the, benefit of section 6 of the Probation of Offenders Act?
UNIT-V
9. Discuss the salient Features of the Juvenile Justice (Care and Protection of Children) Act,
2015. Do you think that re-enactment of the Juvenile Justice (Care and Protection of
Children) Act will be helpful to achieve the desired goal? Comment.
10. Discuss the procedure of Rehabilitation and Social-Reintegration of child in need of care
and protection under the Juvenile Justice (Care and Protection of Children) Act, 2015.
BL-196
Total Pages:4
B.A. LL.B. (H.) Semester Your RolI No...eeoeosdeses000seoeee
IX, Examination, 2014-15
Cr.P.C-I
Time :3 hours Paper No.: VI
(Write your Roll No. on the top
Max. Marks: 75
immediately on receipt of this question
Note paper)
Answer ONE question
from each Unit. All questions carry equal marks.
UNIT-I
1. (a) Discuss the scope and object of
Section 197 Cr.P.C. Do you think that the provisions for
sanction confer
unguided and arbitrary discretion on the Government to grant or not to
grant sanction to prosecute corrupt and dishonest public servants?
(b) Is there any necessity of obtaining sanction for the prosecution of a retired public
servant ?
2 (a) 'A' purchased electronic items from company B, issued the cheque drawn on UCO Bank,
Tangi, Orissa which was presented by the Complainant-company at State Bank of India,
Ahmednagar Branch, Maharashtra as its branch office was located at Ahmednagar. The
cheque was dishonoured by UCO Bank, Tangi, Orissa. Within whose jurisdiction t
Complaint can be filed by the company against 'A* ? Decide
(b) A' instigates B' to murder "C" within the local jurisdiction 'X' but 'B' refuses to do so.
Decide the venue for trial.
BL-196 (P.T.0.)
UNIT-II
3(a) Explain the power of Courts under Section 319 to
arraign as an accused during the course
ofinquiry or trial. At what stage the power under Section
319 Cr.P.C. can be exercised ?
Discuss with the help recent judicial decisions
and statutory provisions.
(b) On 12.05.2014 a written report filed at Police
Station Jamia Nagar, Okhla, New Delhi
by
one "M",
contending thercin that while he was having his dinner at his
home, he was attacked
by A","B", "C","D" and "E". It was asserted
therein that "D" and "E" also assaulted
his
wife "F. On the basis of this
report offences were registered under Sections 147, 148,
341, 452, 24/149, 323, 324/149 and 308/149 IPC. The
investigation proceeded and a
charge-sheet came to be filed. However, during the course oftrial the Magistrate
discharged
"A". The complainant moved an application under
Section 319 Cr.P.C. that the
present
appellant "A" was bound to be joined as an accused as it was clear from the records and the
evidence that there was enough material against him. Does the power under Section 319
Cr.P.C.extend to persons who have been discharged by the Court ? Decide.
4. (a) Discuss the procedure of trial in case of defamation of President, Vice-President and
other high dignitaries by the Session Judge.
(b) An accused was tried before the Court of Session for committing rape, after hearing
arguments and points of law the accused was convicted by the court and the Judge passed
the sentence according to law but the provisions of hearing the accused on question of
sentence was not complied with. Is it curable under any provision of Cr.P.C.? Decide the
legality of the order.
2) BL-196
UNIT-III
5 (a) Discuss the nature and scope of Appeal. Whether an appeal can be filed as a matter of
right? Explain the circumstances with the help of provisions under Cr.P.C.
(6) An accused tried by Trial Court and the Court has recorded conviction but instead of
imprisonment, released the accused on probation. Whether the state can file an appeal on
the ground ofinadequacy of Sentence under Cr.P.c.? Decide.
6 (a) Is there any difference between Appeal and Revision ? Under what circumstances the High
Court can covert an appeal into revision or vice versa. Discuss.
(b) Whether an appeal against acquittal can be filed by a private person ? Explain.
UNTT-IV
Discuss the concept ofProbation in India. Do you agree with this view that "the very purpose of
the Probation of Offenders Act, 1958 would be defeated, ifthe offenders who are well educated
and experienced in life and deliberately flout the law with impunity were admitted to the benefit
ofprobation law" ? Explain.
8. (a) Discuss the power of court to release certain offenders on probation of good conduct. If
any person is found guilty of having committed an offence but the Court released him on
probation of good conduct. But after sometime he hus failed to obscrve any of the
conditions of bond or bonds entered into by him. Explain the consequences.
(b) A teacher was found guilty of offence for assaulting a constable under Sections 352 and
353, IPC and was dealt with under Section 4 of the Probation of Offenders Act but he did
not comply with the conditions imposed by the court. Subsequently he was sentenced for
original offence. As a result ofhis conviction he was dismissed from service. Is he entitled
to take the benefit for removal of disqualification attaching to conviction under Probation
ofOffenders Act, 1958 ? Discuss.
3
BL-196
9. The ultimate UNIT-V
goal of Juvenile Justice (Care and
rehabilitate Juveniles. Protection of
Discuss in the light of Children) Act, 2000 is to
facilitate adoption of guidelines of the Supreme
children by Court to enable
hclp of judicial decisions. persons irespective of and
religion, caste, creed etc.
10. with the
(a) Discus the
provisions relating to release of Juvenile on
with law can be bail. Whether a Juvenile in
kept in jail ifnot released conflict
(b) Whether the on bail ?
penalty can be imposed on a
Juvenile in conflict with person who is liable for
law under the publication of name of
Juvenile Justice (Care and
Act, 2000 7? Protection of
Explain. Children)
0
4)
BL-196
Total Pages 3
Your Roll No. ...
BL-196
B.A. LL.B. (H.), LXth Semester Examination, 2015
Cr. P.C. -IInd
Paper No. : VTh
Time: 3 Hours
Maximum Marks: 75
(Write your Roll No. on the top
immediately on
receipt of this question paper)
Note: Answer ONE
question from each Unit.
All questions carry equal marks.
Unit-I
1. (a) Discuss theprocedure in complaints before Magistrate.
b)Whether the Magistrate by virtue of powers conferred upon him under Chapter XV
(sections 200-203) of CrP.C. can be permited to allow the
additional sections of IPC in the charge sheet after the complainantinformant to add
same was submitted by the police
on
completion of investigation of the police case based on FIR?
2. (a) Explain the importance of charge. What are the basic
requirements of charge? Also
explain the effect of non-frammg of charge in a trial.
(b) Three accused A, B, C were charged in a case for offence of
dowry death under Section
304B, IPC and in the alternative under Section 498A. IPC for
such magnitude as to drive the deceased to cruelty and harassment of
commit suicide. The court on the basis of
evidence convicted them under section 306 IPC
for which they were not
Decide the legality. charged.
R/3
P.T.O.
Unit-11
3. (a) Distinguish between warrant trial and summon
trial.
b) Under what circumstances a
person who had
the offence in
respect of which accepted a tender of pardon
the pardon was may be tried for
tendered? Discuss.
(a) Discuss the victim
compensation scheme under the Cr.P.C.
b) A field a
complaint
against for B a
Magistrate convicted B and ordered tonon-cognizable offence before the Magistrate and
pay to the
the
prosecution, but B fails to pay. Decide. complainant the cost incurred by him in
5. (a) What do you mean Jailby Appeal? In what manner
the appellant is in Jail ? Can petition of appeal shall be made when
jail appeal be dismissed
(b) A committed rape and the
summarily? Explain.
brought before the
case, registered against him under section
376 of IPC. He was
COL
Court of Session and the court framed the
guilty and the court convicted him
charges against A. A pleads
according to plea of guilt. NowA wants to file
appeal against conviction order. Advice. an
fna
(a) Discuss the object of revisional fCh
jurisdiction. Whether after the dismissal of
application by the Court of
Session, a second application of revision is
a revision
under Cr.P.C.? maintainable
Unit-IV
7. Discuss the law relating to
probation in India. Do you think that probation law in India is
satisfactory and efficient or there is a need to rejuvenate it'?
8. (a) Whether a person against whom
previous conviction has been proved can be released by
the court under the Probation of Offenders Act. 1958?
b) A person under the age of
twenty-one years of age is found guilty of having committed an
offence the court but the court declines to release him under the Probation of
by
Offenders Act, 1958 and passes sertence against him. Is there any remedy available to
the convicted person under the P O Act. 1958? Explain.
R-3/BL-196 21
9 Unit
What immunities are
Justice (Care and available to the
Protection of juveniles from criminal
Children) Act 2000? liability under thc Juvenile
wrongdoers are using the JJ Act 2000 Do you
agrec with this view that the
of decided cases. as a shield to escape punishment? Discuss with
the heip
10. (a) What orders e
may be passed against the juveniles by the
JJ Act, 20o0? Juvenile Justice Board under the etc
b) Is there a need to
re-look, re-scrutinize and re-visit the
offences of heinous nature committed provisions of JJ Act in
respect of
by jueniles ? Comment.
3
R-3/BL-196

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