Judicial MCQs 1

Important Notice for Readers:

Please be aware that the questions provided in this post are based on the Indian Penal Code (IPC), which, along with two other laws, has recently been replaced by the new Bharatiya Nyaya Sanhita (BNS) and other legislative updates. As a result, some of the legal references and interpretations in these questions may no longer be applicable under the new laws.

For the most current information and to ensure your knowledge is up-to-date, we encourage you to review the latest legal texts and guidelines under the Bharatiya Nyaya Sanhita (BNS) and related new laws. Thank you for your understanding and for staying informed on these important legal changes.

1. Which of the following courts is considered the "lowest" in the hierarchy of criminal courts in India?

a) District Court b) Sessions Court c) Magistrate Court of the First Class d) Magistrate Court of the Second Class

d) In the hierarchy of criminal courts in India, the Magistrate Court of the Second Class is considered the lowest. These courts deal with less serious criminal cases and have limited powers regarding sentencing and fines. Above them are the Magistrate Courts of the First Class, followed by the Chief Judicial Magistrate and then the Sessions Court, which handles more severe criminal cases.

2. What is the maximum sentence that a Judicial Magistrate of the First Class can impose under Indian law?

a) Imprisonment for 3 years and a fine of ₹10,000 b) Imprisonment for 7 years and a fine of ₹20,000 c) Imprisonment for 5 years and a fine of ₹10,000 d) Imprisonment for 3 years and a fine of ₹5,000

c) A Judicial Magistrate of the First Class in India has the authority to impose a sentence of imprisonment for up to 5 years and a fine of up to ₹10,000. This power is defined under Section 29 of the Code of Criminal Procedure (CrPC), which outlines the sentencing powers of different categories of magistrates.

3. Which court in India has the authority to try offenses punishable with death?

a) District Court b) Sessions Court c) Magistrate Court of the First Class d) Magistrate Court of the Second Class

b) In India, the Sessions Court is the court of original jurisdiction that has the authority to try offenses punishable with death. The Magistrate Courts, including the Chief Judicial Magistrate and Magistrate Court of the First Class, do not have the power to try capital offenses. The Sessions Court is higher in the judicial hierarchy and deals with more serious criminal cases.

4. Which type of Magistrate in India has the power to order police custody for an accused during the investigation stage?

a) Chief Judicial Magistrate b) Executive Magistrate c) Judicial Magistrate of the First Class d) Metropolitan Magistrate

c) A Judicial Magistrate of the First Class has the power to order police custody of an accused during the investigation stage, as per Section 167 of the Code of Criminal Procedure (CrPC). This power is crucial for the investigation process, as it allows law enforcement to detain the accused for questioning and gathering evidence. This Magistrate can authorize police custody for up to 15 days, after which judicial custody must be sought.

5. What is the role of an Executive Magistrate under the Indian Penal Code and the Code of Criminal Procedure?

a) To preside over civil cases b) To conduct trials for criminal offenses c) To review appeals from lower courts d) To handle administrative and preventive justice tasks

d) An Executive Magistrate, under the Code of Criminal Procedure (CrPC), primarily deals with administrative and preventive justice tasks. Unlike Judicial Magistrates, Executive Magistrates do not conduct criminal trials. Their responsibilities include issuing orders to maintain public order under Section 144 CrPC, conducting inquests, and handling minor public nuisance cases. They play a crucial role in maintaining law and order and preventing crimes.

6. Under which section of the CrPC can a Chief Judicial Magistrate issue a warrant for a search or seizure?

a) Section 94 b) Section 165 c) Section 167 d) Section 202

a) Under Section 94 of the CrPC, a Chief Judicial Magistrate (CJM) can issue a warrant to search or seize documents or other objects necessary for the investigation or trial. This provision empowers the CJM to ensure the availability of evidence that may be concealed or otherwise inaccessible. The ability to issue such warrants is vital for conducting thorough investigations and ensuring justice.

7. Which type of court deals primarily with disputes relating to tenancy, rent, and property disputes in India?

a) Sessions Court b) Family Court c) Magistrate Court of the First Class d) Rent Control Court

d) Rent Control Court Explanation: Rent Control Courts are specialized courts in India that primarily handle disputes relating to tenancy, rent, eviction, and property matters between landlords and tenants. Established under various state Rent Control Acts, these courts ensure fair practices in tenancy matters and help prevent arbitrary eviction or unfair rent increases. They play a vital role in resolving landlord-tenant disputes efficiently.

8. In which court can an appeal against the judgment of a Judicial Magistrate of the First Class be filed?

a) High Court b) Supreme Court c) Sessions Court d) District Court

c) An appeal against the judgment of a Judicial Magistrate of the First Class can be filed in the Sessions Court, as per Section 374(3) of the CrPC. The Sessions Court acts as an appellate court for cases decided by Magistrate Courts and can review both the facts and the law involved in the case. This process ensures that parties have a chance to contest and seek a review of the judgment before a higher judicial authority.

9. What is a "Summary Trial" and under which section of the CrPC can a Magistrate conduct it?

a) A trial conducted without the accused, under Section 202 b) A quick trial for minor offenses, under Section 260 c) A trial for severe offenses, under Section 313 d) A trial where the judge passes judgment without a hearing, under Section 300

b) A "Summary Trial," as defined under Sections 260-265 of the CrPC, is a simplified and expedited procedure for minor offenses, allowing the Magistrate to quickly dispose of cases with less formality and detailed evidence presentation. It is conducted by a Judicial Magistrate of the First Class or a Metropolitan Magistrate and is typically used for offenses punishable by less than two years of imprisonment. This process aims to reduce the backlog of minor cases in the judicial system.

10. Which section of the CrPC provides for the "Pleas of Guilty" in cases of petty offenses, allowing for a summary disposal?

a) Section 204 b) Section 205 c) Section 206 d) Section 207

c) Section 206 of the CrPC allows for the "Pleas of Guilty" in petty offenses, enabling the accused to plead guilty in writing and pay a fine instead of appearing in court. This provision aims to reduce court congestion and expedite the disposal of minor cases, allowing individuals to avoid the time and expense associated with formal court proceedings. It is often used for traffic violations and other minor offenses.

If any answer found wrong, Please comment.

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