Test: CPC and CrPC - CLAT MCQ

Public to give information of certain offences (Section 39)

• Every person who is aware of the Commission of, or of the intention of any other person to commit any offence.
• Any person can aid the Magistrate or police officer by giving such information. Hence, Option 1 is correct.
• In the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware. He shall forthwith give information to the nearest Magistrate or police officer of such Commission or intention.
• For this section, the term “offence” includes any act committed at any place outside of India which would constitute an offence if committed in India.

Duty of officers employed in connection with the affairs of a village to make a certain report (Section 40)

• Every officer is employed in connection with the affairs of a village and also every person residing in a village.
• They shall forthwith communicate to the nearest Magistrate or the officer in charge of the nearest police station whichever is nearer. 

The right to lodge a caveat is given in section 148A of CPC.
What does filing a caveat mean?

• A 'Caveat' is a Latin phrase that generally means 'let a person beware'.
• The person filing the caveat petition is known as the caveator.
• A caveat petition is filed by the caveator, asking the court to intimate him/her if another person files any application in a suit or proceeding against the caveator.

• The Code of Civil Procedure is a pre-independence enactment.
• The Act was first enacted in the year 1859 as Act No.8 of 1859.
• The Code was thereafter, amended several times in the years, 1860, 1861, 1878, 1879, and 1882.
• After facing these many amendments, finally, the Code of Civil Procedure was re-enacted in the year 1908, and it came in force with effect from 1 January 1909.
• It further underwent a revamp by virtue of a major amendment in the year 1976.

Arrest without warrant:

• The police officers may arrest a person without a warrant under certain conditions.
• The condition to arrest a person without warrant mentioned under Section 41 of the code is as follows, any person:
• Who has been involved in a cognizable offense such as murder, rape, theft or is suspected to be so involved of having committed a cognizable offense punishable with imprisonment of 7 years or more or against whom a complaint has been received of such involvement. Hence, Option 4 is correct.
• Who has had any housebreaking weapon without any lawful excuse?
• Who has been proclaimed as an offender either under the Criminal Procedure Code or any other order by a state government or any law in force.
• Who obstructs any police officer while performing his duty or who has escaped or made attempts to escape from lawful custody.
• Who has been concerned in any law or against whom a reasonable complaint has been made or credible information has been received, of his having committed involved in an act committed at any place outside India, if committed in India would be punishable of an offense and for which he is under the law relating to extradition or otherwise, liable to be apprehended or detained in the custody of India?
• Who is reasonably suspected of being a deserter from any of the Armed forces of the Union.
• Who being released as a convict, commits a breach of any rule mentioned under subsection 5 pf section 356 i.e., the state government may be notification make the rules to carry out the provisions of this section relating to the notification of residence or change of residence.

The correct answer is option (A) i.e. High Court.

• ​Section 482 of the Criminal Procedure Court deals with saving of inherent power of High Court.
• As per section 482 of the Criminal Procedure Court, nothing in CrPC shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any other order or to prevent abuse of the process of any court or otherwise to secure the ends of Justice.
• Section 482 of the Criminal Procedure Court, vests the inherent powers of the court in High Court.

• According to Section 2(x) of the Code of Criminal Procedure, a warrant case is one that is related to an offence whose punishment can be a death sentence, life imprisonment, or imprisonment for a term exceeding two years.
• Section 2(x) of CRPC states that "warrant-case" means a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.
• In criminal proceedings CRPC is applicable and in Civil proceedings the CPC is applicable.
• CPC - Civil Procedure Code.

The correct answer is option (C) i.e. Section 172 CrPC.

• ​As per Section 172(1) of the Criminal Procedure Code, every police officer making an investigation shall enter his proceedings in the investigation in a diary.
• It should include details such as setting forth the time at which the information reached him, the time at which he began and closed his investigation, the places visited by him and a statement of the circumstances ascertained through his investigation.  
• As per Section 172(3) of the Criminal Procedure Code, neither the accused nor his agents shall be entitled to call for such diary nor they shall be entitled to see it merely because it is referred to by the court.

• An police officer can issue notice to appear to a person who is not required to be arrested but against whom reasonable complaint is made or credible information has been received that he has committed a cognizable offence.
• When a notice to appear before a police officer is issued against a person, it is his duty to comply with such notice.
• When the person complies and continues to comply with such notice he shall not be arrested in relation with that offence.

• Section 313 of the Criminal Procedure Code deals with the power to examine the accused.
• As per section 313 of the Criminal Procedure Code, in every inquiry or trial for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against time.
• As per section 313(2) of the Criminal Procedure Code, no oath shall be administered to the accused when he is examined under this section. 

• Section 202 of the Code of Criminal Procedure deals with postponement of issue of process.
• Section 202 of the Code of Criminal Procedure states that any Magistrate if he thinks fit postpone the issue of process against the accused.
• Magistrate may either inquire himself or direct an investigation to be made by a police officer or by such person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding.
• However this is done when the accused is residing at a place beyond the area in which he exercises his jurisdiction.

The correct answer is Section 6.

• Pecuniary jurisdiction is given in Section 6 of CPC.
• Pecuniary means 'related to money'.
• Pecuniary jurisdiction tries to address whether a court of law can try cases and suits of the monetary value/amount of the case or suit in question.