Test: CrPC: Criminal Procedure Code - CLAT MCQ

Section 133 provides for a rough and ready procedure to be used in urgent cases for removal of public nuisances. According to this section whenever a District Magistrate or a Sub-Divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers—

(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or

(b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or

(c) that the construction of any building, or, the disposal of any substance, as is likely to occasion conflagration or explosion, should be prevented or stopped; or

(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or

(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the publi

Acts done by several persons in furtherance of common intention.- When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

Section 34 of the Indian Penal Code deals with Common Intention. As per this provision, when a number of persons engage in a criminal act with a common intention, each person is made liable as if he alone did the act. Section 149 of the Indian Penal Code deals with Common Object.

A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor in a High court, only if he has a degree in law, has been in practice as an advocate for not less than seven years and after due consultation with the High Court.

To become a Public Prosecutor

• Applicants who wish to become public prosecutors must appear for the examination that is set by the Union Public Service commission (UPSC). The written test is followed by an interview. The selected candidates will be notified through mail.
• A person shall only be eligible to be appointed as a Public Prosecutor if he/ she is a citizen of India
• Person must practice as an Advocate for a period of not less than seven years.
• Candidates must be not less than 35 years and not more than 45 years of age at the time of applying (The maximum age limit of the candidates belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes shall be may be fixed by the Government from time to time.)

Code of Criminal Procedure Act, 1973

1.Short title, extent and commencement.-
(1) This Act may be called the Code of Criminal Procedure, 1973.
(2) It extends to the whole of India except the State of Jammu and Kashmir:
Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply-
(a) to the State of Nagaland,
(b) to the tribal areas, but the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification.
Explanation.- In this section, "tribal areas" means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.
(3) It shall come into force on the 1st day of April, 1974.

Circumstances under which an arrest can be made without warrant

• When any person is actually concerned or reasonably suspected to be concerned in a cognizable offence.
• Any person, who in the presence of such an officer has been accused of committing a non-cognizable offence and refuses to give his true name or residence.