Terms and Sections 4

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provided in this post are based on the Indian Penal Code (IPC), which, along with two other laws, has recently been replaced by the new Bharatiya Nyaya Sanhita (BNS) and other legislative updates.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. Under which section of the IPC is "Culpable Homicide Not Amounting to Murder" defined?

a) Section 299 b) Section 300 c) Section 301 d) Section 302

a) Section 299 of the IPC defines "Culpable Homicide Not Amounting to Murder," which involves causing death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that the act is likely to cause death. An example includes causing death due to a road accident by reckless driving. Punishment is covered under Section 304, which may extend to life imprisonment or a term extending up to 10 years, along with a fine.

2. Which section of the CrPC outlines the procedure for "FIR (First Information Report)"?

a) Section 152 b) Section 153 c) Section 154 d) Section 155

c) Section 154 of the CrPC outlines the procedure for registering an "FIR" (First Information Report), which is a formal record of information regarding the commission of a cognizable offense. The police must record the information in writing and provide a copy to the informant free of charge.

3. What is an "Accused" in the context of Indian criminal law?

a) A person who has been convicted of a crime. b) A person who is suspected or charged with committing a crime. c) A person who has witnessed a crime. d) A person who assists the police in investigations.

b) The term "Accused" refers to an individual who is formally charged with a crime. This person is under investigation and has not yet been convicted. The accused has certain rights under the Indian Constitution and the Code of Criminal Procedure (CrPC), such as the right to a fair trial and the right to remain silent. The term "Accused" is widely used in various sections of the CrPC, especially in sections related to arrest, bail, and trial procedures.

4. What does "Charge Sheet" refer to in police work?

a) A document that formally charges an accused with an offense. b) A warrant for arrest issued by a magistrate. c) A notice for granting bail to an accused. d) A document detailing the court's verdict.

a) A "Charge Sheet" is prepared under Section 173 of the CrPC after the completion of an investigation into a cognizable offense. It outlines the details of the crime, evidence collected, and charges against the accused, and is submitted to the court to commence the trial. The charge sheet is crucial as it formally accuses someone of a crime and sets the stage for prosecution.

5. Which term describes the procedure where a person is formally charged in the presence of a magistrate or judge?

a)Conviction b) Acquittal c) Arraignment d) Bail hearing

c) "Arraignment" is the legal procedure where the accused is formally charged and asked to plead guilty or not guilty before a magistrate or judge. Although not explicitly named as "Arraignment" in Indian law, the procedure is part of the initial stages of a trial where charges are explained to the accused, as per Section 228 of the CrPC.

6. What does "Bail Bond" signify in police and judicial proceedings?

a) A document releasing an accused permanently. b) A written confession of the accused. c) A document stating the final sentence of the accused. d) A financial guarantee given to ensure the accused's appearance in court.

d) A "Bail Bond" is referenced in Sections 436-450 of the CrPC. It is a security, usually monetary, provided by the accused or a surety to ensure that the accused will appear in court as required. If the accused fails to appear, the bond amount may be forfeited, and a warrant for arrest may be issued.

7. What is "Police Custody" in Indian law?

a) Detention of an accused in prison after conviction. b) Temporary detention of an accused for questioning by the police. c) Release of an accused on bail after arrest. d) Transferring an accused from one police station to another.

b) "Police Custody" is a form of custody under Sections 167 and 57 of the CrPC, where an accused is detained for interrogation by the police. The duration is typically limited to 15 days, and any extension requires a magistrate's approval. This is intended to ensure that investigations are conducted swiftly and that accused persons are not held indefinitely without oversight.

8. What does "Judicial Custody" mean in police and legal terms?

a) A period when the accused is in police detention for interrogation b) The detention of an accused in a juvenile home. c) When an accused is held in jail or prison under the court's orders, typically after being remanded by a judge. d) A situation where an accused is allowed to be under house arrest.

c) "Judicial Custody" refers to the detention of an accused person in jail under the orders of a magistrate, as per Section 167 of the CrPC. It is different from police custody, where the accused is held in a police station for investigation purposes. Judicial custody is intended for situations where the court deems it necessary to prevent tampering with evidence, witness intimidation, or flight risk.

9. What does "Committal Proceedings" refer to in the context of Indian criminal law?

a) The procedure followed when a case is transferred from a Magistrate to a Sessions Court b) The process of transferring an accused person to another jail. c) The formal declaration of an accused’s guilt. d) The issuance of a non-bailable warrant by the court.

a) "Committal Proceedings" are legal steps taken under Section 209 of the CrPC, where a magistrate transfers a case to a Sessions Court after determining that the offense is beyond the magistrate's jurisdiction and requires trial by a higher court. This ensures that serious cases are tried by a court competent to impose higher sentences if needed.

10. What is a "Confession" under Indian Evidence Act, 1872, and when is it admissible in court?

a) A statement made by a witness under oath. b) A voluntary statement made by an accused admitting guilt, which is admissible if made to a magistrate or during judicial proceedings. c) A statement made by a police officer detailing the evidence collected. d) A document summarizing the charges against an accused.

b) A "Confession" under Sections 24-30 of the Indian Evidence Act is an admission of guilt by an accused. It is considered valid and admissible if made voluntarily to a magistrate or during judicial proceedings. Confessions made to police officers are generally not admissible unless made in the presence of a magistrate, to avoid coercion or influence.

If any answer found wrong, Please comment.

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