Q.1. What procedure is followed by a magistrate on receiving a complaint under Code of Criminal Procedure? [MPJS 2017]
Q. 2. Where two persons were accused of Conspiracy and one of them was a public servant. The public servant was acquitted as he was prosecuted without obtaining sanction under section 197. Indicate whether the conviction of the other accused will be sustainable in appeal despite the acquittal of the public servant. [Punj JS 1995(1D]
Q.3. A forges a document and thereafter institutes a suit against B, on the strength of the forged document. B appears in the suit. On realizing that the document is forged, B lodges prosecution against A for forgery. A assails the prosecution on the ground that the interdict contained in section 195 of Cr.P.C. comes into play and cognizance of the offence could not have been taken except on the complaint in writing of the Court or by the Officer authorized by that Court, before which the document was tendered. Whether the objection raised by A is legally tenable? [Punj JS 2013]
Q. 4. What are the conditions when a Magistrate may take cognizance of any offence? State also the cases where no court shall take cognizance unless some conditions are fulfilled. [JJS 2014]
Q.5. According to law, no judge or magistrate or a public servant, not removable from his office save by or with the sanction of the government, accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, shall be tried for such offence except with the previous sanction of the Central or the State Government, as the case may be. Whether taking or accepting illegal gratification is an act done in the discharge of the official duty for which such a sanction is necessary? [BJS 2014]
Q. 6. Can a court of Additional sessions judge take direct cognizance of an offence? If so, under what provision of law? [HJS 1996]
Q. 7. Discuss in brief the provisions of the Cr.P.C. relating to Session’s Trial. [HJS 2003]
Q.8. What do you mean by ‘taking cognizance of an offence’? How can it be taken by a magistrate? [RJS 1971]
Q.9. Can a court take cognizance of an offence against a public servant while acting or purporting to act in the discharge of his official duties, on the mere complaint of any person? If not, why? [RJS 1984]
Q. 10. On what basis can a Magistrate take cognizance of an offence? [RJS 1984]
Q. 11. Can a Court of an Additional Sessions Judge take direct cognizance of an offence? If so, under what provision of law? [RJS 1986]
Q. 12. What are the exceptions to the general rule of law that any citizen can set the machinery of criminal law in motion? Illustrate your answer. [RJS 1989]
Q. 13. When can a Magistrate take cognizance of any offence? Can a Session Judge take cognizance of any offence as a Court of original jurisdiction? [RJS 2013]
Q. 14. “The words ‘any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty’ employed in section 197(1) of the Code, are capable of a narrow as well as a wide interpretation.” S.B. Saha and others v. MS. Kochar A.I.R. 1979 SC 1841. Elaborate the above statement in relation to section 197(1) Cr.P.C. referring to decided
cases. Do you think, sanction to prosecute a public servant for an offence under section 499 I.P.C. is necessary when the prosecution case against him is that he had mis-appropriated the goods seized during the investigation of a case. [DJS 1982]
Q. 15. What is meant by the words “taking cognizance of an offence by Magistrate” within the meaning of section 190(1)(a) Cr.P.C.? Can a Magistrate after so taking cognizance, send the case to the police with a direction to file the challan? Give reasons. [DJS 1984]
Q. 16. A forged receipt was filed by A in a civil suit that was filed against him by B. B immediately files a complaint under section 467/471 I.P.C. against A.
A objects to the maintainability of that complaint. Decide.
[Section 463 I.P.C. defines forgery. Section 467 I.P.C. punishes forgery of a particular type, while section 471 I.P.C. punishes user as genuine a forged document.] [DJS 1984]
Q. 17. Briefly discuss,
Do you require Sanction under section 197 Cr. P.C. for an offence under section 406/409 or 379 IPC, if committed by an investigating police officer?
Each question is based on a recent decision of Apex Court or High Court, cite the authority also. [DJS 2000]
Q. 18. What is the object of Section 197 of the Code? Which is the appropriate stage to consider the plea under Section 197? Also state the conditions for its operation. [MPJS 2010]
Q. 19. Under what conditions a magistrate can take cognizance of the offence. [UPJS 1988]
Q. 20. Discuss the prosecution process of offences against marriage as provided under Criminal Procedure Code, 1973. [UPJS 2006]
Q. 21. What is meant by taking cognizance of an offence by Magistrate? Under what circumstances can a Magistrate take cognizance of an offence? [UPJS 2012]
Q. 22. Is the Magistrate bound to take cognizance of an offence on the basis of the final report filed by the police under Section 173(2) of Cr.P.C.? Is there any restriction for taking such cognizance Discuss with case law. [UPJS 2015]
Q. 23. Discuss the prosecution process of offences against marriage as provided under the
Criminal Procedure Code, 1973. [UPJS 2016]
