Passage Based Questions- 2: Criminal Law | Legal Reasoning for CLAT PDF Download

Read the passage given below and answer the following questions:

Section 173 of the Code of Criminal Procedure, 1973 (CrPC) mandates that every investigation for a cognizable offense must be completed without unnecessary delay, and a charge sheet must be filed before a magistrate within 60 days (for offenses punishable up to seven years) or 90 days (for offenses punishable with seven years or more). The charge sheet details the offense, evidence, and accused persons. If evidence is insufficient, a closure report may be filed. Section 169 allows release of the accused if evidence is lacking, but further investigation under Section 173(8) is permissible if new evidence emerges. The investigation must be fair, and the accused has a right to a copy of the charge sheet under Section 207. Failure to file a charge sheet within the stipulated period entitles the accused to default bail under Section 167(2), unless the prosecution justifies the delay. Courts may reject incomplete charge sheets and direct further investigation. The police must inform the complainant of the investigation’s progress. These provisions ensure timely justice while protecting the accused’s rights.

Q1: Under which section of the Code of Criminal Procedure, 1973, must a charge sheet be filed within 60 or 90 days for a cognizable offense?
(A) Section 167(2)
(B) Section 173
(C) Section 207
(D) Section 169

View Answer  

Answer: (B) Section 173
Explanation: The passage specifies that Section 173 mandates filing a charge sheet within 60 days (for offenses up to seven years) or 90 days (for offenses seven years or more) for cognizable offenses.
Why other options are incorrect: (A) Section 167(2) governs default bail; (C) Section 207 ensures the accused gets a charge sheet copy; (D) Section 169 allows release for insufficient evidence.

Q2: What right does an accused have under Section 207 of the Code of Criminal Procedure, 1973?|
(A) Right to default bail
(B) Right to stop further investigation
(C) Right to a copy of the charge sheet
(D) Right to environmental protection

View Answer  

Answer: (C) Right to a copy of the charge sheet
Explanation: The passage states that Section 207 grants the accused a right to a copy of the charge sheet.
Why other options are incorrect: (A) Default bail is under Section 167(2); (C) Further investigation is allowed under Section 173(8); (D) Environmental protection (from remembered environmental material) is irrelevant.

Q3: Ravi is arrested for an offense of cheating under Section 318 BNS, punishable up to seven years. After 65 days, the police file a charge sheet missing crucial forensic evidence. Ravi applies for default bail. What is the strongest legal basis for Ravi’s application?
(A) The charge sheet is incomplete, violating Section 173
(B) The police violated Ravi’s privacy under Article 21
(C) The investigation breaches equality under Article 14
(D) The police failed to prove a valid contract

View Answer  

Answer: (A) The charge sheet is incomplete, violating Section 173
Explanation: The passage explains that for offenses punishable up to seven years, Section 173 requires a charge sheet within 60 days. Failure to file a complete charge sheet within this period entitles the accused to default bail under Section 167(2), as in Ravi’s case.
Why other options are incorrect: (B) Article 21 (from remembered privacy material) is unrelated; (C) Article 14 (from remembered equality material) doesn’t apply; (D) Contracts (from remembered contract material) are irrelevant.

Q4: Inspector Neha investigates a robbery case against Kiran, punishable with ten years under BNS. After 95 days, she files a closure report due to insufficient evidence. Kiran is released, but new evidence emerges later. Which provision allows the police to resume the investigation, and what is the likely outcome for Kiran?
(A) Section 169, Kiran remains free
(B) Section 173(8), further investigation may lead to charges
(C) Section 207, Kiran receives a charge sheet copy
(D) Section 73, Kiran faces contract damages

View Answer  

Answer: (B) Section 173(8), further investigation may lead to charges
Explanation: The passage states that Section 173(8) permits further investigation if new evidence emerges after a closure report. This could lead to charges against Kiran if the evidence is sufficient.
Why other options are incorrect: (A) Section 169 allows release but doesn’t prevent further investigation; (C) Section 207 applies to charge sheet copies, not closure reports; (D) Section 73 (from remembered contract breach material) is irrelevant.

Q5: Meera, a complainant, reports a fraud case against Vikram, punishable up to five years under BNS. After 50 days, the police inform her that the investigation is ongoing but provide no details. Meera challenges the lack of updates. Which evidence best strengthens Meera’s claim that the police violated CrPC provisions?
(A) Data showing the police filed a complete charge sheet
(B) Evidence that Vikram’s actions breached a contract
(C) Testimony that the investigation violated environmental duties
(D) Proof that the police failed to inform Meera of investigation progress

View Answer  

Answer: (D) Proof that the police failed to inform Meera of investigation progress
Explanation: The passage notes that the police must inform the complainant of the investigation’s progress under Section 173. Proof of failure to do so strengthens Meera’s claim.
Why other options are incorrect: (B) Contract breaches (from remembered contract material) are irrelevant; (C) Environmental duties (from remembered environmental material) don’t apply; (A) A complete charge sheet weakens Meera’s claim.