Kerala State Probation Test Part I - II Paper


Criminal Procedure Code (Part I ­ Paper II)
Medium of Question: English
Date of Examination 22/­02­/2019

Question1:­Which of the following offences are not applicable for the purpose of section 106 of Cr.P.C.
A:­Criminal intimation
B:­Criminal mischief
C:­Murder
D:­Assault
Correct Answer:­ Option­C
Question2:­Section 106 can be invoked after the conviction order of _________.
A:­Magistrate of first class or session court
B:­Magistrate of first class only
C:­High court
D:­None of the above
Correct Answer:­ Option­A
Question3:­The maximum period of bond for the security for keeping peace on conviction shall be _______.
A:­one year
B:­three years
C:­five years
D:­two years
Correct Answer:­ Option­B
Question4 :­Which of the following is not correct for the purpose of section 106 of Criminal procedure?
A:­The bond under this section shall be with or without sureties
B:­The bond will have to be executed only with sureties
C:­If the conviction is set aside in appeal, the bond become void
D:­All the above are correct
Correct Answer:­ Option­B
Question5:­Who is empowered to issue show cause for security for keeping the peace in other cases?
A:­Judicial First Class Magistrate
B:­Session Court
C:­Executive Magistrate
D:­High Court
Correct Answer:­ Option­C
Question6:­For the purpose of section 107, the words "with or without sureties" has been incorporated by _________.
A:­Amendment Act, 1981
B:­Amendment Act, 2001
C:­Amendment Act, 1978
D:­Amendment Act, 2000
Correct Answer:­ Option­C
Question7:­The minimum period of bond for the security for keeping peace in other cases shall be __________.
A:­two years
B:­three years
C:­one year
D:­no minimum
Correct Answer:­ Option­D
Question8:­The main object of section 107 is ___________.
A:­Punitive in nature
B:­Both preventive and punitive in nature
C:­Neither preventive or punitive
D:­Preventive in nature
Correct Answer:­ Option­D
Question9:­Which of the following amendment act of Cr.P.C incorporated the executive magistrate in section 108?
A:­Amendment Act 1980
B:­Amendment Act 1981
C:­Amendment Act 1979
D:­None of these
Correct Answer:­ Option­A
Question10:­Which of the following is not correct according to section 108 of Cr.P.C.
A:­The object is punitive in nature
B:­The executive magistrate is competent
C:­The executive magistrate has to receive information regarding dissemination
D:­All the above are correct
Correct Answer:­ Option­A
Question11:­What is the maximum bond period for the purpose of section 108 of Cr. P.C.?
A:­two years
B:­one year
C:­6 months
D:­three years
Correct Answer:­ Option­B
Question12:­Which is the correct answer according to section 108 of Cr.P.C for proceeding in relation to matters the publication which is punishable under IPC sections?
A:­153A
B:­153B
C:­295A
D:­any of these
Correct Answer:­ Option­D
Question13:­Which is the correct answer for the proceedings under section 108 of Cr.P.C?
A:­There must be a dissemination or attempt to dissemination
B:­A show cause notice is required
C:­The maximum period of bond is one years with or without sureties
D:­All the above are correct
Correct Answer:­ Option­D
Question14 :­Security for good behaviour from suspected persons are dealth in ___________ of Cr.P.C.
A:­section 110
B:­section 109
C:­section 108
D:­section 107
Correct Answer:­ Option­B
Question15:­Who is the authority to take proceedings against the security for good behaviour from suspected person?
A:­District Judge
B:­Judicial First Class Magistrate
C:­Executive Magistrate
D:­High Court
Correct Answer:­ Option­C
Question16:­Which is correct for the purpose of section 109 of Cr.P.C?
A:­The maximum period of bond is one year
B:­The minimum period of bond is 6 months
C:­The bond shall carry with surety only
D:­There is no discretion to the authority regarding bond period
Correct Answer:­ Option­A
Question17:­In order to initiate proceedings under section 109 of Cr.P., which of the following requirements are not necessary?
A:­The authority is executive magistrate
B:­He must receive information
C:­The information is for taking precautions to conceal his presence
D:­With a view to commit a cognizable or non cognizable offence
Correct Answer:­ Option­D
Question18:­Who is competent to take proceedings under section 110 of Cr.P.C?
A:­Judicial First class magistrate or executive magistrate
B:­Executive magistrate
C:­Judicial first class magistrate
D:­None of these
Correct Answer:­ Option­B
Question19:­Which of the following is not correct according to section 110 of CrPC?
A:­It deals with security for keeping good behaviour from habitual offenders
B:­The authority must receive information
C:­May relate with in or outside his jurisdiction
D:­Informations relating to commission by habitual offenders
Correct Answer:­ Option­C
Question20:­The maximum period of bond shall be ________ for the purpose of section 110 of CrPC.
A:­three years
B:­2 years
C:­1 year
D:­None of these
Correct Answer:­ Option­A
Question21:­Which of the following legislation does not come under the purview of 110(f) of the code of criminal procedure?
A:­Drugs and cosmetics Act 194 0
B:­Foreign Exchange Regulation Act, 1973
C:­Narcotic drugs and psychotropic substance Act
D:­Essential Commodities Act
Correct Answer:­ Option­C
Question22:­Choose the correct option from the following.
A:­Sec. 110 CrPC is punitive in nature
B:­Before executing bond, the magistrate require to issue notice
C:­There is not discretion in the period of bond to be executed
D:­All the above are correct
Correct Answer:­ Option­B
Question23:­Which of the following section of Indian Penal Code is not included for the purpose of section 110 CrPC in clause (d)?
A:­4 97
B:­4 98A
C:­4 98B
D:­4 89D
Correct Answer:­ Option­A
Question24 :­The proceeding initiated under Sec. 110 of CrPC in the nature of __________.
A:­Executive
B:­Quasi judicial
C:­Administrative
D:­Judicial
Correct Answer:­ Option­D
Question25:­Choose the correct option, after considering the following two statements with reference to Sec. 111 Cr.P.C.
i. This is applicable for all the proceedings initiated under sections 106 to 110 of Cr.P.C.
ii. The magistrate should pass an order in writing.
A:­Both are correct
B:­Both are not correct
C:­Only (i) is correct
D:­Only (ii) is correct
Correct Answer:­ Option­D
Question26:­Which of the following are not among the contents of the order issued under Sec. 111?
A:­the substance of information
B:­the number and character of sureties
C:­the amount of cash deposit
D:­all the above are required
Correct Answer:­ Option­C
Question27:­Which of the following is not correct regarding the security of bond to be executed under Sec. 111?
A:­The magistrate has discretion in fixing the security bond
B:­The bond may be with or without sureties
C:­No inquiry is required before furnishing security
D:­Individuals status should be considered before fixing the quantum of bond
Correct Answer:­ Option­C
Question28:­A proceeding initiated by a magistrate without complying the provisions under Sec. 111 of Cr.P.C for the purpose of security proceedings. It is __________.
A:­irregular
B:­initiate the entire proceedings
C:­not initiate the proceedings
D:­valid
Correct Answer:­ Option­B
Question29:­Procedure in respect of person present in the court for the purpose of security proceedings are dealt in _________.
A:­Sec. 112
B:­Sec. 110
C:­Sec. 111
D:­None of these
Correct Answer:­ Option­A
Question30:­Which of the following proceedings, the magistrate cannot pass a preliminary order?
A:­Sec. 106
B:­Section 107
C:­Section 108
D:­Sec. 109
Correct Answer:­ Option­A
Question31:­Which of the following is correct, when a person present in the court as per proceedings initiated under section 111 of Cr.P.C?
A:­He can straight away sent to Jail
B:­The substance shall be read over to him
C:­The magistrate can direct him to furnish security
D:­Any of the above order can be issued
Correct Answer:­ Option­B
Question32:­Consider the following statement and choose the correct option in connection with proceedings under chapter VIII.
i. The magistrate may demand interim security during the pendency of proceedings.
ii. The provisions of section 88 or sec. 309 do not apply for the proceedings under chapter VIII.
A:­Both are wrong
B:­Only (i) is correct
C:­Only (ii) is correct
D:­Both are correct
Correct Answer:­ Option­D
Question33:­How many sections are there in chapter VIII of the code of criminal procedure?
A:­18
B:­19
C:­20
D:­17
Correct Answer:­ Option­B
Question34 :­Section _________ deals with summons or warrant in case of person not so present.
A:­112
B:­113
C:­120
D:­None of these
Correct Answer:­ Option­B
Question35:­Who is competent to issue summons for the purpose of Chapter VIII?
A:­Sessions court
B:­Magistrate of the court
C:­District Judge
D:­None of these
Correct Answer:­ Option­B
Question36:­Which of the following is correct for the purpose of chapter VIII?
A:­The magistrate should issue warrant if the person is not present in the court
B:­The magistrate cannot issue any warrant
C:­The magistrate can issue warrant in exceptional case
D:­None of these are correct
Correct Answer:­ Option­C
Question37:­If a person is in custody, the process of appearance can be made by way of __________ as per section 113.
A:­issuing summons
B:­issuing notice
C:­issuing warrant
D:­immediate arrest
Correct Answer:­ Option­C
Question38:­Who has to surve copies order under section 111 while issuing the process of summons or warrant?
A:­Magistrate directly
B:­Through collector
C:­Serving officer
D:­None of these
Correct Answer:­ Option­C
Question39:­Copy of order to accompany summons or warrant is dealt in __________ of the criminal procedure code for the purpose of chapter VIII.
A:­Section 115
B:­Section 112
C:­Sec. 111
D:­Section 114
Correct Answer:­ Option­D
Question4 0:­Who is empowered to dispense with the power of exempting personal attendance of the person for the proceedings under chapter VIII?
A:­High Court
B:­Sessions court
C:­District Judge
D:­The Magistrate
Correct Answer:­ Option­D
Question4 1:­Section ____________ deals with the dispensation of personal attendance.
A:­110
B:­116
C:­114
D:­115
Correct Answer:­ Option­D
Question4 2:­Which of the following is correct regarding the power of exempting personal appearance for chapter VIII?
A:­The power is discretionary
B:­The power can be exercised only with the direction of state
C:­It is always the right of the person to get exemption
D:­None of the above is correct
Correct Answer:­ Option­A
Question4 3:­Section _________ deals with inquiry as to truth of information.
A:­116
B:­115
C:­114
D:­110
Correct Answer:­ Option­A
Question4 4 :­Consider the following statements and choose the correct option in connection with proceedings under chapter VIII?
i. The personal attendance can be excused even before the process is issued.
ii. The personal attendance exemption is to be exercised with judicial discretion.
A:­Only (ii) is correct
B:­Both are correct
C:­Only (i) is correct
D:­Both are incorrect
Correct Answer:­ Option­A
Question4 5:­What is the nature of recording evidence in a proceeding initiated under chapter VIII of the code of criminal procedure?
A:­Always in warrant case
B:­Always in summon case
C:­As far as practicable in summons case
D:­None of these
Correct Answer:­ Option­C
Question4 6:­During the proceeding of the truth of inquiry, the magistrate detain him in custody as interim measures. The order is _________.
A:­valid
B:­void
C:­irregular
D:­none of these
Correct Answer:­ Option­A
Question4 7:­For the purpose of section 116 of Cr.P.C, which of the following sections is not applicable for Sub. Section (3)?
A:­107
B:­108
C:­109
D:­106
Correct Answer:­ Option­D
Question4 8:­Consider the following two statements and choose the correct option with reference to section 116 of Cr.P.C.
i. The magistrate can consider the personal knowledge while conducting inquiry.
ii. Every proceedings under section 116 by following order under sections 107 to 110 and 111.
A:­Both are correct
B:­Only (i) is wrong
C:­Only (ii) is wrong
D:­Both are wrong
Correct Answer:­ Option­B
Question4 9:­What is the normal period of completion of inquiry as per section 116 of Cr.P.C?
A:­9 months
B:­3 months
C:­6 months
D:­None of these
Correct Answer:­ Option­C
Question50:­Which of the following is not correct, if the proceedings were not completed within the normal period?
A:­The proceeding shall stand terminated as its expiry
B:­The magistrate can proceed with reasons recorded
C:­The magistrate can continue the proceedings even without assigning reasons
D:­None of the above is correct
Correct Answer:­ Option­B
Question51:­The date on which the inquiry proceedings stands commenced as per Chapter VIII is _________.
A:­the date on which the order passed under section 111
B:­the date of complaint or information
C:­the date of presence or appearance in the court
D:­none of the above
Correct Answer:­ Option­A
Question52:­Who can revise an order under section 116(6) of criminal procedure code?
A:­District Judge
B:­High Court
C:­Chief judicial Magistrate
D:­Sessions Court
Correct Answer:­ Option­D
Question53:­Consider the following two statements and choose the correct option from the following.
i. The magistrate is empowered to conduct of local inspection for the purpose of Chapter VIII.
ii. No inquiry is to be made about the truth of the matter while making local inspection.
A:­Both are correct
B:­Both are wrong
C:­Only (i) is correct
D:­Only (ii) is correct
Correct Answer:­ Option­A
Question54 :­Section 117 deals with __________.
A:­order to appear before court
B:­order to give security
C:­order issuing warrant
D:­none of these
Correct Answer:­ Option­B
Question55:­In case the security has to be furnished by a minor, the bond shall be executed by _______.
A:­his guardian
B:­his alone
C:­his sureties
D:­none of these
Correct Answer:­ Option­C
Question56:­Which of the following is the correct option regarding the execution of bond as per section 117 of the code?
A:­The amount of bond should not be excessive
B:­The status of the person is required for fixing bond amount
C:­The circumstances of the case to be considered for fixing bond
D:­All the above are correct
Correct Answer:­ Option­D
Question57:­In a proceeding initiated under chapter VIII, the witness and complaint are absent, the magistrate may _________.
A:­acquit the accused
B:­pass order of discharge
C:­pass order of dismissal
D:­none of these
Correct Answer:­ Option­B
Question58:­Which is the date on which the commencement of the period of bond?
A:­date of order
B:­date of information
C:­date of notice
D:­none of the above
Correct Answer:­ Option­A
Question59:­Discharge of the person informed is dealt is __________.
A:­Section 116
B:­Sec. 117
C:­Sec. 118
D:­Sec. 119
Correct Answer:­ Option­C
Question60:­If an appeal or revision has been filed against an order under Chapter VIII, the order shall commence
A:­from the date or original order
B:­from the date of issue of summons
C:­from the date of complaint
D:­from the date of judgment of appeal or revision
Correct Answer:­ Option­D
Question61:­Section __________ deals with the commencement of period for which security is required.
A:­118
B:­120
C:­119
D:­111
Correct Answer:­ Option­C
Question62:­If a persons is already undergoing imprisonment, the period for which the security shall commence from _________.
A:­the date of order
B:­the date of expiration of such sentence
C:­the date of appearance
D:­the discretion of court
Correct Answer:­ Option­B
Question63:­Which of the following sections of bond, will bind himself not to commit a breach of the peace?
A:­107
B:­108
C:­109
D:­110
Correct Answer:­ Option­A
Question64 :­Contents of bond is described in section ___________.
A:­118
B:­106
C:­107
D:­120
Correct Answer:­ Option­D
Question65:­"The offence under section 323 and 324 IPC have been held as offences which involve the breach of peace" in ___________.
A:­Bhagwan Din.V. State AIR 1967 All 580
B:­Vinayak.V.State AIR 1968 SC 581
C:­Ibrahim.V. Emperor AIR 1931 Cal 323
D:­None of the above
Correct Answer:­ Option­A
Question66:­Which of the following sections, where the person is ordered to execute a bond will bind himself to be of good behaviour to the government and to all the citizen of India during the said term?
A:­106
B:­108
C:­107
D:­111
Correct Answer:­ Option­B
Question67:­Who is empowered to reject the bond as per section 121 of the code of criminal procedure?
A:­The government
B:­The collector
C:­The magistrate
D:­None of the above
Correct Answer:­ Option­C
Question68:­Choose the correct option regarding the grounds or reasons for non­acceptance of a surety in a proceeding initiated under Chapter VIII of Cr.P.C.
A:­he was already a surety is another case
B:­he belongs to particular political party
C:­he is living in another District
D:­None of the above grand is correct
Correct Answer:­ Option­D
Question69:­Who is competent to conduct inquiry for the purpose of refusing to accept or reject a surety?
A:­Magistrate himself
B:­District collector
C:­Sessions Court
D:­Magistrate or subordinate officer
Correct Answer:­ Option­A
Question70:­Which of the following is correct regarding the procedure for accepting to refuse or reject a surety?
A:­He can delegate his authority to conduct inquiry to a police officer
B:­The decision must be based on evidence on record
C:­The authority need not state reason
D:­All the above are correct
Correct Answer:­ Option­B
Question71:­If an order is to be made for the rejection of surety who has previously been accepted, __________ must be issued to call the sureties.
A:­notice
B:­summons
C:­summons or warrant
D:­arrest warrant
Correct Answer:­ Option­C
Question72:­The inquiry for rejecting the surety is in the nature of ___________.
A:­Administrative
B:­Quasi Judicial
C:­Executive
D:­Judicial
Correct Answer:­ Option­D
Question73:­Power to reject sureties are dealt in section _________ of code of criminal procedure.
A:­120
B:­121
C:­122
D:­124
Correct Answer:­ Option­B
Question74 :­Consider the following two statements and choose the correct option from the following.
i. If a surety is not able to control the movement such surety is not to be accepted.
ii. A fresh surety can be accepted, only after giving reasonable opportunity to furnish.
A:­Both are incorrect
B:­Only (ii) is correct
C:­Both are correct
D:­Only (i) is correct
Correct Answer:­ Option­C
Question75:­If a person ordered to give security does not give a security on or before the date on which the period commences, he shall ___________.
A:­be committed to prison
B:­entitled to get one more chance before committing to prison
C:­not send to prison
D:­any of the above, subject to discretion of court
Correct Answer:­ Option­A
Question76:­For the purpose of section 122 (b), the amendment "bond with or without sureties" was made in the act ___________.
A:­Amendment Act 1980
B:­Amendment Act 1988
C:­Amendment Act 1979
D:­Amendment Act 2005
Correct Answer:­ Option­D
Question77:­What is the nature of imprisonment for failure to give security in a proceedings under section 108?
A:­rigorous
B:­simple
C:­simple or rigorous
D:­none of these
Correct Answer:­ Option­B
Question78:­If a person fails to give security in case where the bond period is one year, such person may commit to prison for a period of ________ in maximum.
A:­one year
B:­6 months
C:­one month
D:­none of these
Correct Answer:­ Option­A
Question79:­Who is empowered to transfer any proceeding laid before his under sub (2) or sub (4 ) of sec. 122?
A:­High court
B:­District Judge
C:­District Collector
D:­Sessions Court
Correct Answer:­ Option­D
Question80:­What is the nature of imprisonment for the failure to give security in a proceedings initiated as per section 110 of Cr.P.C?
A:­Simple
B:­Rigorous
C:­Solitary
D:­Simple or rigorous
Correct Answer:­ Option­D
Question81:­Who is empowered to release a person imprisoned for failing to give security under section 123 (1) of Cr.P.C?
A:­District Magistrate
B:­District Judge
C:­Sub Judge
D:­None of the above
Correct Answer:­ Option­A
Question82:­For the purpose of sub section 2 of section 123 CrPC, the word "District Magistrate" or Chief Judicial Magistrate has been incorporated by way of Amendment Act __________.
A:­4 5 of 1973
B:­4 5 of 1978
C:­4 3 of 1973
D:­4 3 of 1978
Correct Answer:­ Option­B
Question83:­Who among the following is empowered to reduce the amount of security as per chapter VIII of the code?
A:­District Collector
B:­Thahasildar
C:­Chief Judicial Magistrate
D:­Judicial First class magistrate
Correct Answer:­ Option­C
Question84 :­Which of the following authority to prescribe the conditions for the conditional discharge according to section 123?
A:­High Court
B:­District Magistrate
C:­Sessions Court
D:­State Government
Correct Answer:­ Option­D
Question85:­If any condition up on which any person has been cancelled, such person may be produced before _________.
A:­Sessions Court
B:­Judicial First class Magistrate
C:­District Magistrate or Chief Judicial Magistrate
D:­None of the above
Correct Answer:­ Option­C
Question86:­As per sub section 9 of section 123 of code of criminal procedure, _________ may cancell the bond.
A:­High Court or Sessions Court
B:­District Court or Sessions Court
C:­District Magistrate
D:­Sub Divisional Magistrate
Correct Answer:­ Option­A
Question87:­Which of the following is correct regarding the cancellation of surety bond executed by him?
A:­The surety cannot apply for cancellation
B:­The surety can apply for cancellation to court concerned
C:­The surety need to apply before high court
D:­None of the above is correct
Correct Answer:­ Option­B
Question88:­Consider the following two situations and choose the correct option from the following.
i. A person remanded to prison under subsection 7 of section 123 shall be released at any he gives security for the unexpired portion.
ii. Any executive magistrate or judicial magistrate has got the power to cancell the bond.
A:­Both are correct
B:­Both are not correct
C:­Only (ii) is correct
D:­Only (i) is correct
Correct Answer:­ Option­D
Question89:­Security for unexpired period of bond is dealt in section ________ of code of criminal procedure.
A:­123
B:­124
C:­125
D:­110
Correct Answer:­ Option­B
Question90:­The term "unlawful assembly" has been defined in __________.
A:­14 9 of IPC
B:­14 4 of IPC
C:­14 1 of IPC
D:­None of these
Correct Answer:­ Option­C
Question91:­'Disposal assembly' by the use of civil force can be made by _________.
A:­Revenue officer
B:­Judicial magistrate
C:­Executive magistrate
D:­District judge
Correct Answer:­ Option­C
Question92:­Section 129 of the code of criminal procedure gives power to ____________.
A:­Submit charge sheet
B:­Detain in Jail
C:­Detention in civil prison
D:­Arrest a person
Correct Answer:­ Option­D
Question93:­State the correct option regarding the method of disposal of an unlawful assembly by the authorised person
A:­by oral command
B:­by force
C:­by arresting and confining
D:­any of the above
Correct Answer:­ Option­D
Question94 :­Dispersal of an unlawful assembly by military force is mentioned in section __________ of Cr.P.C.
A:­131
B:­133
C:­14 1
D:­14 4
Correct Answer:­ Option­A
Question95:­Which of the following is not correct according to section 131 of code of criminal procedure?
A:­When the authority apprehend an unlawful assembly
B:­If he is not able to communicate with executive magistrate
C:­They may arrest or confine any such person
D:­All the above are correct
Correct Answer:­ Option­A
Question96:­By using section ________ of code of criminal procedure the executive magistrate of the highest rank may cause the unlawful assembly to be disposed by the armed forces.
A:­131
B:­130
C:­129
D:­14 4
Correct Answer:­ Option­B
Question97:­State the correct option, after giving through the following two situation.
i. The military officer can disperse an unlawful assembly, when the public security is manifestly danger.
ii. Before doing such act, he must practicably communicate with sessions court
A:­Both are correct
B:­Both are the correct
C:­Only (i) is correct
D:­Only (ii) is correct
Correct Answer:­ Option­C
Question98:­Which of the following word is repeatedly used in section 132(2) of the code of criminal procedure?
A:­intention
B:­good faith
C:­motive
D:­none of these
Correct Answer:­ Option­B
Question99:­The prosecution against an executive magistrate can be instituted in a criminal court as per section 132 of Cr.P.C only with the sanction of __________.
A:­State Government
B:­Central Government
C:­High Court
D:­Supreme Court
Correct Answer:­ Option­A
Question100:­"In case of firing without lawful orders from the competent authorities causing death of a person the state would be vicariously liable to pay compensation to the defendants of the deceased". It was so held in
A:­Mohamed Sherif V. State AIR 1969 Bom. 383
B:­Vinayak V. State of Kerala AIR 1969 Sc 25
C:­Jay Engineering Works V. State AIR 1968 Cal 4 07
D:­State of Karnataka V. Padanasha Belia 1992 Crl. LJ 634 (Kar)
Correct Answer:­ Option­D