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Test: Custodial Violence - Judiciary Exams MCQ


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15 Questions MCQ Test Criminal Law for Judiciary Exams - Test: Custodial Violence

Test: Custodial Violence for Judiciary Exams 2024 is part of Criminal Law for Judiciary Exams preparation. The Test: Custodial Violence questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Custodial Violence MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Custodial Violence below.
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Test: Custodial Violence - Question 1

What does custodial violence primarily involve?

Detailed Solution for Test: Custodial Violence - Question 1
Custodial violence encompasses a wide range of actions, including verbal abuse, mental torment, physical beatings, sexual assault, and psychological suffering, among others. These acts are often perpetrated by authorities against individuals under their guardianship, leading to severe violations of human rights and the law. It is crucial to address and prevent all forms of custodial violence to ensure the protection and well-being of individuals in custody.
Test: Custodial Violence - Question 2

Why is custody considered a vulnerable state in the context of custodial violence?

Detailed Solution for Test: Custodial Violence - Question 2
Custody, in the context of custodial violence, represents a vulnerable state due to the restrictions imposed on an individual's movement and freedom. Being under the guardianship of authorities limits the individual's ability to protect themselves from potential abuse and violence. This vulnerability underscores the importance of safeguarding the rights and well-being of those in custody and ensuring that proper measures are in place to prevent any form of violence or harm.
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Test: Custodial Violence - Question 3

How can custodial violence impact an individual's psychological well-being according to the provided content?

Detailed Solution for Test: Custodial Violence - Question 3
Custodial violence can have severe psychological consequences on individuals, potentially leading to symptoms of post-traumatic stress disorder (PTSD) like depression, anxiety, and nightmares. These effects can have a lasting impact on the individual's mental well-being, disrupting their normal life and psychological stability.
Test: Custodial Violence - Question 4
What constitutional provision protects individuals from being tried and punished twice for the same offense?
Detailed Solution for Test: Custodial Violence - Question 4
Article 20(2) of the Constitution protects against double jeopardy, preventing individuals from being tried and punished twice for the same offense. This principle ensures that individuals are not subjected to multiple prosecutions for the same crime, safeguarding them against unfair treatment within the legal system.
Test: Custodial Violence - Question 5
According to the Indian Constitution, which article guarantees the right to life and personal liberty?
Detailed Solution for Test: Custodial Violence - Question 5
Article 21 of the Indian Constitution guarantees the right to life and personal liberty. This fundamental right is essential for protecting individuals from arbitrary state actions, ensuring that every person has the right to live with dignity and freedom.
Test: Custodial Violence - Question 6
What does the provision of "Access to Legal Representation" ensure for arrested individuals?
Detailed Solution for Test: Custodial Violence - Question 6
The provision of "Access to Legal Representation" ensures that arrested individuals have the right to legal counsel. This right is crucial in safeguarding the interests of the accused and ensuring a fair legal process. Legal representation helps individuals understand their rights, navigate the legal system effectively, and present their case in court.
Test: Custodial Violence - Question 7
Which section of the Code of Criminal Procedure (CrPC) 1973 prohibits the use of inducements, threats, or promises by investigating officers?
Detailed Solution for Test: Custodial Violence - Question 7
Section 163 of the Code of Criminal Procedure (CrPC) 1973 prohibits the use of inducements, threats, or promises by investigating officers. This provision is essential in upholding the integrity of the investigative process and ensuring that confessions or evidence obtained are not coerced. It aims to protect the rights of the accused and maintain the fairness of criminal investigations.
Test: Custodial Violence - Question 8
What does Section 220 of the Indian Penal Code (IPC) 1860 specifically address?
Detailed Solution for Test: Custodial Violence - Question 8
Section 220 of the Indian Penal Code (IPC) 1860 specifically addresses the punishment for officers who maliciously confine individuals. This section deals with situations where officials unlawfully and intentionally confine individuals. It is crucial in upholding the rights and liberties of individuals and ensuring accountability within law enforcement.
Test: Custodial Violence - Question 9
What is the main purpose of Section 25 of the Indian Evidence Act 1872?
Detailed Solution for Test: Custodial Violence - Question 9
Section 25 of the Indian Evidence Act 1872 serves the purpose of prohibiting the use of confessions made to police officers as evidence. This section aims to prevent coercion and ensure that confessions are obtained through lawful means, such as in the presence of proper authorities or in a manner that upholds the rights of the accused.
Test: Custodial Violence - Question 10
What did the Supreme Court find in the Nilabati Behera vs. State of Orissa case in 1993?
Detailed Solution for Test: Custodial Violence - Question 10
In the Nilabati Behera vs. State of Orissa case, the Supreme Court found that the injuries were indeed inflicted while the victim was in custody, which strongly indicated custodial violence. This led to the court awarding compensation and holding the state, not the police, responsible for providing it. This case highlighted the importance of addressing custodial violence and ensuring accountability in such situations.
Test: Custodial Violence - Question 11
What important aspect did the D.K. Basu vs. State of West Bengal case in 1997 emphasize?
Detailed Solution for Test: Custodial Violence - Question 11
The D.K. Basu vs. State of West Bengal case in 1997 emphasized the critical importance of safeguarding the rights of arrested individuals to prevent custodial violence and uphold human dignity. The court outlined 11 guidelines to be followed during arrests to ensure the protection of the rights of the arrested, highlighting the need for accountability and respect for human rights in law enforcement practices.
Test: Custodial Violence - Question 12
What is one of the key guidelines outlined in the DK Basu case to be followed during arrests to protect the rights of arrested individuals?
Detailed Solution for Test: Custodial Violence - Question 12
One of the crucial guidelines emphasized in the DK Basu case is that police personnel must wear name tags with their designations. This measure helps ensure accountability and transparency during the arrest process, allowing individuals to know and identify the officers involved. By wearing name tags, police officers are more likely to act in accordance with the law and respect the rights of the arrested individuals.
Test: Custodial Violence - Question 13
In the context of the DK Basu case, why is it important for an arrest memo to be prepared, signed by the arrestee, and attested by a family member or respected individual from the locality?
Detailed Solution for Test: Custodial Violence - Question 13
The requirement for an arrest memo to be prepared, signed by the arrestee, and attested by a family member or respected individual from the locality serves as a crucial step to provide a documented record of the arrest. This process helps ensure transparency and accountability in the handling of the arrested individual, involving a witness to the arrest procedure. By having this documentation in place, it can protect the rights of the arrested person and prevent any potential abuse of power during the arrest.
Test: Custodial Violence - Question 14
What was the key issue in the case of Joginder Kumar vs. State of Uttar Pradesh, 1994?
Detailed Solution for Test: Custodial Violence - Question 14
The central issue in the case of Joginder Kumar vs. State of Uttar Pradesh, 1994, revolved around the misuse of police authority. The Supreme Court ruled that arresting an individual without justification is illegal and emphasized that police authority should not be exploited for unlawful purposes. This case underscores the importance of upholding the law and ensuring that individuals' rights are protected against arbitrary actions by the authorities.
Test: Custodial Violence - Question 15
What was the outcome in the case of Rudul Shah vs. State of Bihar, 1983, regarding the petitioner's detention?
Detailed Solution for Test: Custodial Violence - Question 15
In the case of Rudul Shah vs. State of Bihar, 1983, the Supreme Court held that the petitioner's detention was unjustified. As a result, compensation was deemed necessary since the State had violated Rudul Shah's fundamental right to liberty. The court ordered the Government of Bihar to pay Rs. 30,000 in addition to the Rs. 5,000 already provided. This landmark decision highlights the judiciary's role in safeguarding individual liberties and ensuring accountability for wrongful actions leading to the deprivation of fundamental rights.
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