Tuesday 6 February 2024

Questions and answers on law (Part 60)

 Q.1. What is definition of  “Dishonestly”?

Ans. Whoever does anything with intention of causing wrongful gain or wrongful loss to any person, is said to do that thing “dishonestly”. [Section 24, Indian Penal Code, 1860]

Q.2. What is the principle of “res gestae”?

Ans. Group of facts forming part of the same transaction is called res gestae. [Section 6, Indian Evidence Act, 1872]

Q.3. What is the presumption as to absence of consent in certain prosecutions for rape?

Ans. Where sexual intercourse by the accused is proved and the victim woman states that she did not consent, the Court shall presume that she did not consent. [Section 114-A, Indian Evidence Act, 1872]

Q.4. Who does establish the Courts of the Judicial Magistrate of the first class? Who does appoint Judicial Magistrates in these Courts?

Ans. The State Government, after consultation with the High Court establishes Courts of the Judicial Magistrate. High Court appoints Judicial Magistrates in these Courts. [Section 11, Criminal Procedure Code, 1973]

Q.5. What is a “warrant case”?

Ans. “Warrant case” means a case regarding an offence punishable with death, life- imprisonment or imprisonment exceeding two years. [Section 2(x), Criminal Procedure Code, 1973]

Q.6. In a summary trial the accused does not plead guilty. What is required to be stated in the judgment by the Magistrate?

Ans. In a summary trial the accused does not plead guilty, the Magistrate shall write substance of evidence and brief reasoned judgment. [Section 264, Criminal Procedure Code, 1973]

Q.7. Define “illegal” as it is defined in the Indian Penal Code, 1860?

Ans. Everything which is an offence, or which is prohibited by law, or which furnishes ground for a civil action. [Section 43, Indian Penal Code, 1860]

Q.8. ‘A’ causes miscarriage to prevent a female child being born alive. What is the punishment for it under the Indian Penal Code?

Ans. Imprisonment upto three years or with fine or with both; and if the woman be quick with child, imprisonment upto seven year and fine. [Section 312, Indian Penal Code, 1860]

Q.9 . What are the provisions relating to the relevancy of character of the accused in a criminal case?


Ans. The fact that the accused is of a good character is relevant. The fact that the accused is of a bad character is irrelevant, unless evidence is that he has a good character. [Sections 53 and 54, Indian Evidence Act, 1872]

Q.10. What shall be the effect of improper admission or rejection of evidence on the trial?

Ans. Improper admission or rejection of evidence shall not be a ground for new trial or reversal of any decision, unless there is failure of justice. [Section 167, Indian Evidence Act, 1872]

Q.11. Who can transfer a criminal case from a Criminal Court subordinate to one High Court to a Criminal Court subordinate to another High Court? Who must apply for such transfer?

Ans. The Supreme Court may transfer a criminal case from a Criminal Court subordinate to one High Court to a Criminal Court subordinate to another High Court on the application of Attorney-General of India or interested party. [Section 406, Criminal Procedure Code, 1973]

Q.12. An accused of murder is in custody. Police could not forward challan against him within 90 days of his committal to custody. On the 91st day the accused applied for bail before the lunch hours of the Court. On the same day, after the lunch, police submitted the report (challan) against him. Can the application for bail be rejected?

Ans. Because of the expiry of ninety days, the accused will be released on bail. [Section 167, Criminal Procedure Code, 1973]

Q.13. An accused is, by reason of his previous conviction, liable to enhanced punishment. Can his offence be compounded?

Ans. No offence shall be compounded if the accused is a previous convict, liable to enhanced punishment. [Section 320(7), Criminal Procedure Code, 1973]


Q.14. A witness is asked whether he was dismissed from Govt. service for taking bribe. He denies it. Can an evidence be offered to prove that he was dismissed for taking bribe?

Ans. No evidence shall be given to contradict the witness, but, if he answers falsely, he may afterwards be charged with giving false evidence. [Sections 153 and 155, Indian Evidence Act, 1872]

Q.15. ‘A’, a woman, throws her newly-born female child into a drain. A passer­by saves the child. What offence ‘A’ has committed under the Indian Penal Code?

Ans. Under these circumstances, ‘A’ has committed attempt to murder of her newly- born child. [Section 307 and its illustration (b), read with Section 317, Indian Penal Code, 1860]

Q.16. What are the specific provisions relating to “bail” and “probation” in the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Ans. Anything relating to anticipatory bail will not be applicable on the accused. Any offender, who is above eighteen years, will not be given the benefit of probation. [Sections 18 and 19, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989]

Q.17. At what stage, the trial court pass an order to release accused on probation ?

Ans. When the accused is convicted for a certain offence. [Section 360, Criminal Procedure Code, 1973; and Probation of Offenders Act, 1958]

Q.18. ‘A’ knowing the commission of murder within the limits of his estate, wilfully misinforms the Magistrate that the death has occurred by accident by falling a tree on him. What offence has ‘A’ committed?

Ans. Knowingly furnishing false information to a public servant. [Section 177, Indian Penal Code, 1860]

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