JUDICIAL PREP BY AG

9990891115, 9999961551

Himachal Pradesh Preliminary Examination Mock Test Series

Test 1: CRIMINAL PROCEDURE CODE (SEC 1-250)
Total Questions: 50
Maximum Marks: 100
Duration: 1 Hour
Date: 25.01.2025

1. What is NOT true regarding public prosecutors as given under section 24 of CrPC?
a) The Session Judge shall, in consultation with the District Magistrate, prepare a
panel of names of persons, who are, in his opinion fit to be appointed as Public
Prosecutors or Additional Public Prosecutors for the district.
b) The Public Prosecutor or Additional Public Prosecutor appointed for one district
may be appointed also to be a Public Prosecutor or an Additional Public
Prosecutor, as the case may be, for another district.
c) The Central Government or the State Government may appoint, for the purposes
of any case or class of cases, a person who has been in practice as an advocate
for not less than ten years as a Special Public Prosecutor.
d) A person shall be eligible to be appointed as a Public Prosecutor or an Additional
Public Prosecutor, only if he has been in practice as an advocate for not less than
seven years

2. As per Supreme Court ruling in D. Velluswamy v. D. Patchaimmal, (2010) the

woman who is in ‘Relationship in nature of marriage’ though not legally married,
can claim maintenance. Which of the following is not a condition for ‘Relationship
in nature of marriage’?
a) The couple must hold themselves out to society as akin to spouses.
b) Time of cohabitation is irrelevant as long as they live like spouses.
c) They must be otherwise qualified to enter into a legal marriage.
d) They must be of legal age to marry.

3. Consider the following statements:

A) Sec 144 Crpc is a wider and more general Setion than Sec 145 Crpc.
B) Sec 144 Crpc is mandatory whereas Sec 145 is discretionary.
Which one of the statements given above is/are incorrect?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

4. What does Section 93(1) state regarding search warrants?

JUDICIAL PREP BY AG https://t.me/clearPrelimswithJudicialPrepbyAG

9990891115, 9999961551
 JUDICIAL PREP BY AG
9990891115, 9999961551

a) They can be issued without any prior information.

b) They can only be issued in cases involving serious offences.
c) They are mandatory for all types of searches.
d) They cannot be issued if the document can be obtained through a summons.

5. In which case did the Supreme Court hold that an accused is entitled to a copy of
the FIR under Section 207 CrPC as a matter of right?
a) Lalita Kumari v. Govt. of U.P.
b) Youth Bar Association of India v. Union of India.
c) Prakash Singh v. Union of India.
d) Hussainara Khatoon v. State of Bihar.

6. Consider the following statements regarding the purpose and outcome of a

protest petition:
1. A protest petition ensures the complainant's voice is heard even after a
closure report.
2. The Magistrate can reject the protest petition without recording any reasons.
3. If the protest petition contains sufficient material, the Magistrate may
summon the accused directly.
4. The Magistrate is obligated to order further investigation upon receiving a
protest petition.
Which of the above statements is/are correct?
a) 1 and 3 only
b) 2 and 4 only
c) 1, 3, and 4 only
d) 1, 2, and 3 only

7. What was the Supreme Court's ruling in Saurav Das vs Union of India, 2022
regarding the publication of chargesheets on public websites?
a) Chargesheets must be published online within 24 hours.
b) Chargesheets should not be published online as it may violate the rights of the
accused and victims.
c) Chargesheets can be made available online as they are public documents.
d) Chargesheets can only be accessed through court orders.

8. In what circumstances can a court issue summons under Section 91 CrPC before
trial?
a) Only when ordered by a higher court like a Sessions Court or High Court.
b) When requested by either party without restrictions.
c) Only when requested by the prosecution for investigation purposes.

JUDICIAL PREP BY AG https://t.me/clearPrelimswithJudicialPrepbyAG

9990891115, 9999961551
 JUDICIAL PREP BY AG
9990891115, 9999961551

d) When documents are required to establish prima facie evidence against the
accused.

9. When there is any doubt as to who is the successor-in-office of any Additional or

Assistant Sessions Judge, who shall determine by order in writing the Judge who
shall, for the purposes of this Code or of any proceedings or order thereunder, be
deemed to be the successor-in-office of such Additional or Assistant Sessions
Judge?
a) The Chief judicial magistrate.
b) The Sessions judge .
c) The High court.
d) The district magistrate.

10. Under which section of CRPC police can arrest a person to prevet the commission
of cognizable offence?
a) Section 41
b) Section 141
c) Section 51
d) Section 151

11. Section 188 CRPC gets attracted when the entirety of the offence is committed
outside India. If the part of offence was committed within India which by going by
the normal principles the offence could normally tried by Indian court then Sec-
188 would not apply. This was held by the Supreme court in:
a) Rupali Devi v. State of UP.
b) Sartaj Khan v. State of Uttarakhand.
c) State v. H. Srinivas.
d) Rajesh Yadav v. State of UP.

12. After investigation pertaining to an offence of murder, the Police files a cancellation
report. The report can be accepted by:
a) The Magistrate.
b) The Court of Sessions.
c) The High Court.
d) Any of the above.

13. In which of the following cases did the supreme court held ‘custody and arrest are
not synonymous terms. In every arrest there is custody but no vice versa. A person
can be in custody when police arrests him or when he surrenders before the
court.’?
a) Joginder Kumar v. State of U.P., 1994.

JUDICIAL PREP BY AG https://t.me/clearPrelimswithJudicialPrepbyAG

9990891115, 9999961551
 JUDICIAL PREP BY AG
9990891115, 9999961551

b) Sheela Barse v. State of Maharashtra, 1983.

c) D.K. Basu v. State of W.B., 1997.
d) State of Haryana v. Dinesh Kumar, 2008.

14. Who is empowered to remove nuisance under section 133 of CRPC?

a) Chief Judicial Magistrate.
b) Session Judge.
c) Judicial Magistrate Ist Class.
d) District Magistrate.

15. A person for offence of theft is convicted and sentenced by Judicial Magistrate First
Class to one year imprisonment and fine. What is the maximum term of
imprisonment which can be awarded in default of payment of fine?
a) One year.
b) Nine months.
c) Six months.
d) Three months.

16. Section 164 of Criminal Procedure Code, 1973 provides for the recording of a
confession or statement at which stage:
a) At the time after investigation and before commencement of inquiry or trial.
b) In the course of the investigation only.
c) During the investigation or at any time afterwards before the commencement of
inquiry or trial.
d) During investigation, inquiry and trial.

17. Statement 1: In Rajnesh v Neha, the Supreme Court held that maintenance laws
under Section 125 CrPC, Hindu Marriage Act, and Domestic Violence Act operate
independently and cannot overlap.
Statement 2: The court introduced a framework to avoid multiple maintenance
orders across different proceedings.
a) Both statements are true.
b) Both statements are false.
c) Statement 1 is false, but Statement 2 is true.
d) Statement 1 is true, but Statement 2 is false.

18. In which of the following cases it is mandatory for the Judicial Magistrate to hold
inquiry u/s 176 CRPC?
a) Rape is committed on any woman while she is in custody.
b) The case involves suicide by woman within 7 years of her marriage.
c) Both a and b.

JUDICIAL PREP BY AG https://t.me/clearPrelimswithJudicialPrepbyAG

9990891115, 9999961551
 JUDICIAL PREP BY AG
9990891115, 9999961551

d) None of the above.

19. Accused ‘A’ is under police custody for 10 days. On the 9th day, he is brought before
the Magistrate to record his confession, where he refuses to confess. The correct
procedure under Crpc is:
a) The Magistrate may extend his police remand till the 15th day.
b) He will remain in police custody for one more day.
c) The Magistrate will send him to judicial custody immediately.
d) None of the above.

20. Which case highlighted that no magistrate can accept a charge sheet if cognizance
is barred under Section 195 CrPC?
a) Iqbal Singh Marwah v. Meenakshi Marwah.
b) Shankar Raju v. Union of India.
c) P. Vijayan v. State of Kerala.
d) Dhananjay Reddy v. State of Karnataka.

21. Which section provides for ‘Letter of request from a country or place outside India
to a Court or an authority for investigation in India’?
a) Section 166A
b) Section 165A
c) Section 166B
d) Section 165B

22. What legal consequences can arise if a person in charge refuses to allow a search
under Section 100?
a) They may be charged with contempt of court.
b) They can be fined but not imprisoned.
c) There are no legal consequences for refusal.
d) They may face charges under Section 187 of the Indian Penal Code for obstructing
justice.

23. Which of the following statements is correct in relation to power of a magistrate

under section 156(3)?
a) He may direct the officer in charge of a police station to conduct the investigation
into any offence without recording any reasons for doing so.
b) He may direct CBI to conduct investigation into any offence.
c) He may give notice to accused and provide him an opportunity of being heard.
d) He may direct the officer in charge of a police station to conduct the investigation
into any offence only after recording reasons for doing so.

JUDICIAL PREP BY AG https://t.me/clearPrelimswithJudicialPrepbyAG

9990891115, 9999961551
 JUDICIAL PREP BY AG
9990891115, 9999961551

24. The Bond under Chapter VIII of CrPC as security of good behavior from suspected
person can be executed for a period not exceeding:
a) 2 years
b) 6 months
c) 1 year
d) 3 years

25. Recently in which case the hon’ble supreme court held ‘non-bailable warrants
cannot be issued in a routine manner and that the liberty of an individual cannot
be curtailed unless necessitated by the larger interest of public and the State.
Nonbailable warrants should not be issued, unless the accused is charged with a
heinous crime, and is likely to evade the process of law or tamper/destroy
evidence.’?
a) Mohd Abdul Samad v. The State of Telangana, AIR 2024 SC 506.
b) Sharif Ahmed v. State of Uttar Pradesh, AIR 2024 SC 2420.
c) Tarsem Lal v. Directorate of Enforcement, AIR 2024 SC 2512.
d) None of the above.

26. When can it be said that trial of an offence has begun?

a) When charges are framed.
b) When cognizance is taken.
c) When chargesheet is filed.
d) When issue of process is done.

27. Which of the following is NOT correct about Section 228 CrPC (Framing of
Charges)?
a) The charge must state the offense clearly.
b) The court can alter the charge at any stage before judgment.
c) If no charge is framed, the trial becomes void.
d) A Sessions Court cannot frame charges for offenses not exclusively triable by it.

28. When can the Magistrate refuse to transfer a case under Section 191 CrPC?
a) When the Magistrate has not taken cognizance under Section 190(1)(c) CrPC.
b) When the trial has already started.
c) When the accused does not specify valid grounds.
d) Both a) and b)

29. Which of the following statements is NOT true, in reference to the rights of divorced
Muslim women to seek maintenance under Section 125 CrPC, as held by hon’ble
Supreme Court in the case of Mohd Abdul Samad v. State of Telangana, 2024?

JUDICIAL PREP BY AG https://t.me/clearPrelimswithJudicialPrepbyAG

9990891115, 9999961551
 JUDICIAL PREP BY AG
9990891115, 9999961551

a) Section 125 of the CrPC applies to all such Muslim women, married and divorced
under the Special Marriage Act in addition to remedies available under the Special
Marriage Act.
b) Divorced Muslim women have the option to seek maintenance under Section 125
of the CrPC or the provisions of the Muslim Women (Protection of Rights on
Divorce) Act, 1986, as both laws are applicable and not in derogation of each
other.
c) If a divorced Muslim woman seeks maintenance under Section 125 of the CrPC,
any maintenance awarded under the 1986 Act cannot be considered by the
Magistrate when altering maintenance orders under Section 127(3)(b) of the CrPC.
d) Section 125 of the CrPC even to divorced Muslim women who have been divorced
through triple talaq.

30. Under section 53A of CrPC, when a person is arrested on the charge of committing
rape, the arrestee may be examined by a registered medical practitioner other than
a registered medical practitioner employed in a hospital run by the Government or
by a local authority when the latter is not available within a radius of Sixteen
kilometres from the place:
a) Where the arrest was made.
b) Where the offence was committed.
c) Where the nearest court is situated.
d) Where the nearest police station is situated.

31. The amount of compensation which a Magistrate can direct the complainant or
informant to pay for an accusation without reasonable cause under Section 250 of
the Code of Criminal Procedure is:
a) not exceeding rupees five thousand.
b) not exceeding rupees fifteen thousand.
c) as he may determine but not exceeding the amount of fine he is empowered to
impose.
d) not exceeding the amount of fine he is empowered to impose for the particular
offence for which the accusation was made without reasonable cause.

32. What does the ruling in Om Prakash Yadav v. Niranjan Kumar Upadhyay, 2024
state about acts exceeding official duties?
a) They are always unprotected under Section 197 Crpc.
b) They may still attract protection if a reasonable nexus exists with official capacity.
c) They cannot be considered in any legal proceedings.
d) They automatically invalidate the public servant’s defence.

33. When can an accused apply for discharge under CrPC?

JUDICIAL PREP BY AG https://t.me/clearPrelimswithJudicialPrepbyAG

9990891115, 9999961551
 JUDICIAL PREP BY AG
9990891115, 9999961551

a) Before the filing of the charge sheet.

b) After charges have been framed.
c) Before charges are framed.
d) After the trial has commenced.

34. There cannot be a second FIR where the information concerns the same
cognizable offence alleged in the first FIR or the same occurrence or incident which
gives rise to one or more cognizable offences. This was ruled by hon’ble Supreme
Court in:
a) Anjan Dasgupta v. State of W.B.
b) Amish Devgan v. Union of India.
c) A.R. Antulay v. R.S. Nayak.
d) State of Haryana v. Bhajan Lal.

35. ‘A’ is charged with theft. However, the manner in which he commited theft is not
set out in the charge. ‘A’ defends himself, calls witness and gives his own account
of the transaction. What will the court infer from this situation while applying Sec-
215 Crpc?
a) The court may infer from this that the omission to set out the manner of theft is a
cognizable offence.
b) The court may infer from this that the omission to set out the manner of theft is
valid.
c) The may infer that the omission to set out the manner of theft is not material.
d) None of them.

36. What was the significant aspect of the Supreme Court's ruling in Vinubhai
Haribhai Malviya v. State of Gujarat, 201G regarding the powers of a Magistrate
post-cognizance?
a) A Magistrate has no authority to order any further investigations after taking
cognizance.
b) A Magistrate can only dismiss cases without any further inquiry.
c) A Magistrate can direct further investigations even after cognizance has been
taken.
d) A Magistrate must refer cases to a higher court for further action.

37. Which of the following statements about Section 154 CrPC (FIR) is correct?
1. An FIR can be lodged only for cognizable offenses.
2. The police are obligated to investigate once an FIR is registered.
3. Refusal to register an FIR can be challenged before a Magistrate under Section
156(3).
4. A police officer can refuse to register an FIR if the information is false.

JUDICIAL PREP BY AG https://t.me/clearPrelimswithJudicialPrepbyAG

9990891115, 9999961551
 JUDICIAL PREP BY AG
9990891115, 9999961551

Choose the correct option:

a) 1 and 3 only
b) 1, 2, and 3 only
c) 2, 3, and 4 only
d) All of the above

38. ‘A’ is alleged to have caused the death of ‘B’. After the investigation was over, the
police submitted the report u/s 173 of CRPC. Who has the power to take
cognizance in this case:
a) The Court of Sessions.
b) Any Magistrate of Second Class.
c) Any Magistrate of First Class.
d) Only Chief Judicial Magistrate.

39. What is NOT a power granted to a Magistrate under Section 159?

a) To direct further investigation by police.
b) To hold a preliminary inquiry into allegations.
c) To appoint another Magistrate for conducting inquiries.
d) To dismiss cases without conducting any inquiry.

40. As per Criminal Procedure Code-Which of the following statements is wrong?

a) When a complaint is dismissed, the court shall record the reasons.
b) When an accused is discharged, the court need not record the reasons.
c) When a charge is framed the court need not record the reasons.
d) When cognizance is taken of an offence, the court need not record the reasons.

41. Statement-I: A bail granted u/s 167(2) of CRPC has the same incidents as bail
granted under Chapter XXXIII of CRPC.
Statement-II: However, the bail granted u/s 167(2) of CRPC cannot be cancelled
u/s 437(5) of CRPC.
a) Both statements are correct.
b) Both statements are incorrect.
c) Only statement I is correct.
d) Only statement II is correct.

42. Under which section of CrPC can a person approach the court to seek
compensation for a malicious prosecution?
a) Section 357 CrPC
b) Section 250 CrPC
c) Section 251 CrPC
d) Section 271 CrPC

JUDICIAL PREP BY AG https://t.me/clearPrelimswithJudicialPrepbyAG

9990891115, 9999961551
 JUDICIAL PREP BY AG
9990891115, 9999961551

43. When the Magistrate/Court of Session takes cognizance under sections 190 or 193
CrPC, it takes cognizance of –
a) The offender.
b) The offence.
c) Both a) and b).
d) None of the above.

44. Which of the following best describes the principle of corpus delicti?
a) It requires that all evidence must be presented before trial.
b) A person cannot be convicted without a confession.
c) It allows for convictions based solely on circumstantial evidence.
d) A crime must be proven to have occurred before a defendant can be convicted.

45. In which of the following cases it was held that courts are not precluded to cancel
default bail granted u/s 167(2) CRPC on merits if a strong case is being made out
from the chargesheet considering the grounds set out in sec 437(5) and 439(2) of
CRPC?
a) Bikramjit singh v. State of Punjab.
b) State through CBI v. T. Gangi Reddy @ Yerra Gangi Reddy.
c) Rakesh Kumar Paul v. State of Assam.
d) M. Ravindran v. The Intelligence Office.

46. Under Section 210 CrPC, what must the Magistrate do if it is brought to their notice
that an investigation is already in progress for the same offense?
a) Transfer the complaint case to the Sessions Court.
b) Proceed with the complaint case as usual.
c) Dismiss the complaint case.
d) Postpone the proceedings in the complaint case and call for a report from the
police.

47. What was the significant legal implication of the Supreme Court's decision in CBI
vs. Kapil Wadhawan, 2024 regarding the filing of charge sheets?
a) Further investigation is not permitted once a charge sheet is filed.
b) All evidence must be presented at the time of filing the charge sheet.
c) Accused individuals are automatically entitled to bail if the investigation is
incomplete.
d) Investigating agencies can file charge sheets without completing the entire
investigation.

JUDICIAL PREP BY AG https://t.me/clearPrelimswithJudicialPrepbyAG

9990891115, 9999961551
 JUDICIAL PREP BY AG
9990891115, 9999961551

48. Which of the following is true about the evaluation of acts under Section 197 CrPC
as per Om Prakash Yadav v. Niranjan Kumar Upadhyay, 2024?
a) The act must always be within the scope of the public servant's official duties to
attract protection.
b) Even acts exceeding official duties may attract protection if there is a reasonable
nexus with official capacity.
c) An opportunity provided by the official position is sufficient to claim protection
under Section 197.
d) Sanction can be granted solely based on the allegations in the complaint.

49. 'A' is accused of an act which may amount to theft or receiving stolen property or
criminal breach of trust. 'A' is only charged with 'theft'. It appears that he committed
the offence of criminal breach of trust.
a) He may be convicted of criminal breach of trust, though he was not charged with
such offence.
b) He may not be convicted of criminal breach of trust because he was not charged
with such offence.
c) He may neither be convicted of theft nor of criminal breach of trust.
d) He may only be convicted of theft because he was charged with theft.

50. Under Section 164 CrPC, a Magistrate recording a confession must:

1. Ensure the confession is made voluntarily.
2. Allow the accused to retract the confession before recording.
3. Explain that the confession may be used as evidence against the accused.
4. Record the confession in the presence of police officers.
Choose the correct option:
a) 1 and 3 only
b) 1, 2, and 3 only
c) 2 and 4 only
d) All of the above

JUDICIAL PREP BY AG https://t.me/clearPrelimswithJudicialPrepbyAG

9990891115, 9999961551
 JUDICIAL PREP BY AG
9990891115, 9999961551

ANSWER KEY WITH EXPLANATIONS

S. ANSWER EXPLANATION
NO.
1 a The district magistrate in consultation with the session judge prepare
the panel of names instead of ‘session judge in consultation with the
district magistrate’
2 b In D. Velusamy v. D. Patchaiammal (2010), the Supreme Court ruled
that a woman in a live-in relationship can claim maintenance under
Section 125 CrPC only if the relationship qualifies as a "relationship in
the nature of marriage" under the Domestic Violence Act, 2005. The
key criteria include:
1. Long-term cohabitation in a shared household.
2. Public representation as spouses.
3. Both must be of legal age and unmarried.
4. The relationship must be voluntary.
5. They must be otherwise qualified to enter into a legal marriage
Casual relationships or those maintained solely for sexual purposes
do not qualify.
3 b Sec 144 is discretionary whereas 145 is mandatory

4 d Sec 93(1) provides - Where any Court has reason to believe that a
person to whom a summons order has been, or might be, addressed,
will not or would not produce the document or thing as required by
such summons or requisition it may issue a search-warrant
5 b In Youth Bar Association of India v. Union of India (2016), the
Supreme Court addressed Section 207 (CrPC), which mandates that a
copy of the FIR, along with other documents such as statements of
witnesses, must be provided to the accused as soon as possible after
an arrest is made, to ensure a fair trial.
6 a Self-explanatory.

7 b The judgment noted that if chargesheets were made publicly available,

it could lead to undue harassment of innocent individuals and disrupt
the judicial process.
8 d State of Rajasthan v. Swarn Singh @ Baba, 2024
Courts cannot issue processes under Section 91 Cr.P.C. to compel the
production of things / documents based on the application made by
the accused at the stage of framing of charges. The accused's

JUDICIAL PREP BY AG https://t.me/clearPrelimswithJudicialPrepbyAG

9990891115, 9999961551
 JUDICIAL PREP BY AG
9990891115, 9999961551

entitlement to seek an order for the production of things or documents

under Section 91 of Cr.P.C. would ordinarily not come till the stage of
defence.
9 b Sec 35(2): When there is any doubt as to who is the successor-in-
office of any Additional or Assistant Sessions Judge, the Sessions
Judge shall determine by order in writing the Judge who shall, for the
purposes of this Code or of any proceedings or order thereunder, be
deemed to be the successor-in-office of such Additional or Assistant
Sessions Judge.
10 d Section 151: Arrest to prevent the commission of cognizable offences.

11 b Self-explanatory.

12 a As per sec 190, only the magistrate is empowered to take cognizance

upon a police report subject to sec 199(2)
13 d In this case the court differentiated between custody and arrest.

14 d Refer section 133.

15 b As per section 31, upto 1/4th of the maximum imprisonment can be

awarded in default of payment of fine. Max punishment for theft is 3
years and 1/4th of 3 years is 9 months.
16 c Any Judicial Magistrate may, whether or not he has jurisdiction in the
case, record any confession or statement made to him in the course of
an investigation, or at any time afterwards before the commencement
of the inquiry or trial.
17 c Refer to judgement of Rajnesh v. Neha (2021) SC

18 a Sec 176(1A) : Where,- (a) any person dies or disappears, or (b) rape
is alleged to have been committed on any woman, while such
person or woman is in the custody of the police or in any other custody
authorised by the Magistrate or the Court, under this Code in addition
to the inquiry or investigation held by the police, an inquiry shall be
held by the Judicial Magistrate or the Metropolitan Magistrate, as the
case may be, within whose local jurisdiction the offence has been
committed.
19 c Sec 164 (3) If at any time before the confession is recorded, the person
appearing before the Magistrate states that he is not willing to make
the confession, the Magistrate shall not authorise the detention of
such person in police custody.

JUDICIAL PREP BY AG https://t.me/clearPrelimswithJudicialPrepbyAG

9990891115, 9999961551
 JUDICIAL PREP BY AG
9990891115, 9999961551

20 a In Iqbal Singh Marwah v. Meenakshi Marwah (2005), the Supreme

Court addressed the applicability of Section 195(1)(b)(ii) CRPC, which
pertains to the prosecution of offenses related to false evidence and
forgery in court proceedings
21 c Sec 166B. Letter of request from a country or place outside India to a
Court or an authority for investigation in India.
22 d Sec 100(8) Any person who, without reasonable cause, refuses or
neglects to attend and witness a search under this section, when
called upon to do so by an order in writing delivered or tendered to him,
shall be deemed to have committed an offence under section 187 of
the Indian Penal Code
23 a Order of investigation u/s 156(3) does not have to be a reasoned order.

24 c Refer Section 109 CrPC.

25 b Sharif Ahmed v. State of Uttar Pradesh, AIR 2024 SC 2420

Section 73 Cr.P.C. – Held, non-bailable warrants cannot be issued in a
routine manner and that the liberty of an individual cannot be curtailed
unless necessitated by the larger interest of public and the State.
Nonbailable warrants should not be issued, unless the accused is
charged with a heinous crime, and is likely to evade the process of law
or tamper/destroy evidence.

26 a When the charges are framed, the trial of an offence is said to have
begun
27 d Sec 228 If, after such consideration and hearing as aforesaid, the
Session Judge is of opinion that there is ground for presuming that the
accused has committed an offence which— (a) is not exclusively
triable by the Court of Session, he may, frame a charge against the
accused and, by order, transfer the case for trial to the Chief Judicial
Magistrate etc.
28 d Refer sec 191 crpc.

29 c Mohd Abdul Samad v. The State of Telangana, 2024: Insofar as

divorced Muslim women are concerned, - Section 125 CrPC applies to
all such Muslim women, married and divorced under the Special
Marriage Act in addition to remedies available under the Special
Marriage Act.
If Muslim women are married and divorced under Muslim law then
Section 125 of the CrPC as well as the provisions of the 1986 Act are
applicable. Option lies with the Muslim divorced women to seek

JUDICIAL PREP BY AG https://t.me/clearPrelimswithJudicialPrepbyAG

9990891115, 9999961551
 JUDICIAL PREP BY AG
9990891115, 9999961551

remedy under either of the two laws or both laws. This is because the
1986 Act is not in derogation of Section 125 of the CrPC but in addition
to the said provision.
30 b Sec 53A When a person is arrested on a charge of committing an
offence of rape or an attempt to commit rape and there are reasonable
grounds for believing that an examination of his person will afford
evidence as to the commission of such offence, it shall be lawful for a
registered medical practitioner employed in a hospital run by the
Government or by a local authority and in the absence of such a
practitioner within the radius of sixteen kilometres from the place
where the offence has been committed
31 c The Magistrate if satisfied that there was no reasonable ground for
making the accusation, may make an order that compensation to such
amount, not exceeding the amount of fine he is empowered to
impose, as he may determine, be paid by such complainant or
informant to the accused or to each or any of them.
32 b Om Prakash Yadav v. Niranjan Kumar Upadhyay, 2024
For Section 197 to apply, there must be a direct and reasonable
connection between the alleged act and the official duty, such that the
public servant can reasonably claim the act was performed in virtue of
their office. Acts exceeding official duties may still attract protection if
a reasonable nexus exists between the act and the official capacity.
33 c After the charges are framed accused can only be acquitted and not
discharged.
34 b In Amish Devgan v. Union of India (2020), The Court directed that all
the FIRs should be consolidated and heard together in the jurisdiction
where the first FIR was filed. This approach ensures that the accused
is not subjected to multiple trials for the same offense and promotes
judicial efficiency.

35 b Sec 213 illustration (a): A is accused of the theft of a certain article at

a certain time and place. The charge need not set out the manner in
which the theft was effected.
36 c In Vinubhai Haribhai Malaviya v. State of Gujarat (201G), The Court
held that a Magistrate has the power to direct further investigation even
after taking cognizance of an offense, up to the commencement of the
trial. This decision clarified that the Magistrate's authority to order
further investigation is not limited to the pre-cognizance stage, thereby
ensuring a more comprehensive and just investigation process.
37 a Read Lalita Kumari vs govt of U.P.

JUDICIAL PREP BY AG https://t.me/clearPrelimswithJudicialPrepbyAG

9990891115, 9999961551
 JUDICIAL PREP BY AG
9990891115, 9999961551

38 c Refer section 190 Crpc.

39 d 159. Power to hold investigation or preliminary inquiry.—Such

Magistrate, on receiving such report, may direct an investigation, or,
depute any Magistrate subordinate to him to proceed, to hold a
preliminary inquiry into, or otherwise to dispose of, the case in the
manner provided in this Code.
40 b Self- explanatory.

41 c Sec 167(2) proviso: every person released on bail under this sub-
section shall be deemed to be so released under the provisions of
Chapter XXXIII for the purposes of that Chapter
42 b Self- explanatory.

43 b Cognizance is taken of the offence and not the offender.

44 d Corpus delicti- body of the crime i.e. there cannot be any conviction
without proving the occurrence of the offence.
45 b State through Central Bureau of Investigation v. T. Gangi Reddy @
Yerra Gangi Reddy (2023) This judgment underscores that while
default bail is a statutory right, it is not absolute and can be revoked if
compelling reasons are presented, ensuring that the accused's
release does not hinder the investigation or the administration of
justice.
46 d Sec 210: When in a case instituted on complaint, it is made to appear
to the Magistrate, during the course of the inquiry or trial held by him,
that an investigation by the police is in progress in relation to the
offence which is the subject-matter of the inquiry or trial held by him,
the Magistrate shall stay the proceedings of such inquiry or trial and
call for a report on the matter from the police officer conducting the
investigation.
47 d Central Bureau of Investigation v. Kapil Wadhawan, 2024
The pendency of the further investigation qua the other accused or for
production of some documents not available at the time of filing of
chargesheet would neither vitiate the chargesheet, nor would it entitle
the accused to claim right to get default bail on the ground that the
chargesheet was an incomplete chargesheet or that the chargesheet
was not filed in terms of Section 173(2) of Cr.P.C
48 b Om Prakash Yadav v. Niranjan Kumar Upadhyay, 2024
For Section 197 to apply, there must be a direct and reasonable
connection between the alleged act and the official duty, such that the

JUDICIAL PREP BY AG https://t.me/clearPrelimswithJudicialPrepbyAG

9990891115, 9999961551
 JUDICIAL PREP BY AG
9990891115, 9999961551

public servant can reasonably claim the act was performed in virtue of
their office. Acts exceeding official duties may still attract protection if
a reasonable nexus exists between the act and the official capacity.
49 a Sec 221(2) If in such a case the accused is charged with one offence,
and it appears in evidence that he committed a different offence for
which he might have been charged under the provisions of sub-section
(1), he may be convicted of the offence which he is shown to have
committed, although he was not charged with it.
50 a Refer sec 164 CrPC.

JUDICIAL PREP BY AG https://t.me/clearPrelimswithJudicialPrepbyAG

9990891115, 9999961551
 JUDICIAL PREP BY AG
9990891115, 9999961551

JUDICIAL PREP BY AG https://t.me/clearPrelimswithJudicialPrepbyAG

9990891115, 9999961551