1.Mark the incorrect: I. The power U/s.156(3) Cr.P.C., to direct an investigation by the police authorities is at the post-cognizance stage and the power to direct a similar investigation U/s. 202 Cr.P.C is at the pre-cognizance stage. II. Usually, on receipt of the Order from Magistrate U/s. 156(3) Cr.P.C, police will register an FIR and then proceed with the investigation. Rather, when police received an order from a Magistrate U/s. 202 Cr.P.C, there need not be an FIR, prior to investigation. III. The order of Investigation by MagistrateU/s. 156(3) Cr.P.C culminates with a final Report U/s. 173(2)Cr.P.C. IV. The Order U/s. 202 Cr.P.Cby Magistrate culminates with a Report u/s 202 Crpc by police ascertaining the truth or falsehood of the allegations made in complaint before the Court.

(2.5 Points)

I

II and III

I, II, III and IV.

I and IV

2.A telephonic call was received in police station Sonipat city. The phone call mentioned "Two murders have taken place in the Sonipat city near Biden Tower. Please come here immediately". The SHO along with other police officers rushed to the place of occurrence and recorded the statement of Mr. Vinayak, who provided detailed description of the occurrence, the accused and the offence. In view of the same, which of the following statement is correct:

(2.5 Points)

I. The telephonic conversation is the basis of FIR and Mr. Vinayak's statement is a statement under S. 161 CrPC.

II. Mr. Vinayak's statement is the basis of an FIR and the telephonic message cannot be treated as an FIR

III. That the telephonic communication is the first FIR and Mr. Vinayak's statement forms the second FIR in the case

IV. None of the above

3.Which of the following is correct regarding section 157 CrPC: I. The condition precedent to the commencement of the investigation under Section 157(1) of the Code is the existence of the reason to suspect the commission of a cognizable offence which has to be, prima facie, disclosed by the allegations made in the first information laid before the police officer under Section 154(1). II. The police officer has to satisfy himself only on the allegations mentioned in the first information before he enters on an investigation as to whether those allegations do constitute a cognizable offence warranting an investigation. III. The commencement of investigation by a police officer is subject to two conditions, firstly, the police officer should have reason to suspect the commission of a cognizable offence as required by Section 157(1) and secondly, the police officer should subjectively satisfy himself as to whether there is sufficient ground for entering on an investigation even before he starts an investigation into the facts and circumstances of the case as contemplated under clause (b) of the proviso to Section 157(1) of the Code.

(2.5 Points)

I and II

II and III

I, II and III

None of them is correct

4.The term "taking cognizance" under the provisions of Code of Criminal Procedure, 1973 means- I. Starting a trial by Sessions Judge II. Completing preliminary requirements for starting a Criminal trial III. Taking notice of the matter judicially by a Judicial Magistrate IV. An administrative action taken by executive Magistrate to decide if criminal trial is required

(2.5 Points)

I and II

II, III and IV

III

Either I or IV

5.Who frames charges? I. Investigating Officer appointed by the SHO of the Police Station II. Investigating Officer appointed by the State Government III. Investigating Officer appointed by the Court IV. Magistrate or Court

(2.5 Points)

a. Both I and II

b. Either I or III

c. Only III

d. Only IV

6.Which of the following is incorrect regarding an FIR:: I. FIR is a substantive piece of evidence and it can be given priority over the evidence given by the witness in court. II. From the point of view of the investigating authorities its object is to obtain information about the alleged criminal activity so as to be able to take suitable steps to trace and to bring to book the guilty. III. A statement made by a witness after investigation has commenced also comes within the purview of an FIR. IV. It is not an encyclopaediaof the entire case.It is sufficient if it gives broad spectrum of the incident.

(2.5 Points)

I and IV

II only

I and III

II and IV

7.Which of the following statements is INCORRECT:

(2.5 Points)

I. For the authorization of detention in any custody, the accused must be produced before the Magistrate

II. The nature of custody can be altered from judicial to police custody and vice a versa only during the period of first fifteen days.

III. A Magistrate authorizing detention in the police custody shall record his reasons for doing so.

IV. None of the above.

8.When the police registers a case after receiving a complaint regarding commission of a cognizable offence, the registration of the case is under:

(2.5 Points)

I. Section 154 of Cr PC

II. Section 155 of Cr PC

III. Section 156(3) of Cr PC

III. Section 173 of Cr PC

9.Which of the following statement/s is correct regarding the powers of a police arrest to arrest without a warrant: I.Arrest would be considered illegal unless some of the circumstances specified in any of the various clauses of section 41 exist. II.The words "reasonable" and "credible" used in section 41 have reference to the mind of the Judicial Magistrate who makes arrest. III.The word "may" in section 41(1) suggests that a police officer hasdiscretionin making arrest without warrant. IV.Even if a police officer has been empowered by section 41 to arrest without warrant, this power is to be exercised in circumstances where the obtaining of a warrant from a Magistrate would involve unnecessary delay defeating the arrest itself.

(2.5 Points)

I, II, III and IV

II only

I, III and IV

III and IV

10.Which of the following is/are incorrect regarding Section 162 CrPC: I. The purpose for and the manner in which the police statement recorded under Section 162Cr.P.C can be used at any trial are indicated in Section 161Cr.P.C. II. Such statements cannot be used for seeking corroboration or assurance for the testimony of the witnesses in court. III.Such a statement can only be utilized for contradicting the witness in the manner provided by Section 145 of the Evidence. IV.If someone is called in trial as a defence witness, his/her former statement before the police cannot be used for contradicting that person. The reason being that it would be improper to allow a witness to be contradicted by a record prepared by the opposite party.

(2.5 Points)

I

II

II and III

IV