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| Definitions Constitution of Criminal Courts and their Powers & Jurisdiction |
PAPER – 34
LAW OF CRIMES - II
(Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS))
(Paper Code : K-5006)
The course shall comprise of the following:
1. Definitions Constitution of Criminal Courts and their Powers & Jurisdiction
2. Arrest of persons and the rights of arrested persons ; Bail
3. Information to the police and their powers to investigate.
4. Cognizance of offences by the magistrate and court of sessions.
5. Complaints to Magistrates and commencement of Proceedings before Magistrates
6. The Charge:
a). Form of Charges
b). Joinder of Charges
7. Plea Bargaining
8. Principal features of fair trial. Trial Procedures –
a). Sessions Trial
b).Warrant Trial
i) Cases Instituted upon a Police Report
ii) Cases Instituted otherwise than on a Police Report
iii) Conclusion of Trial
c). Summons Trial by Magistrates
d). Summary Trial
9. Appeal, Revision & Reference.
10. Maintenance of wives, children and parents (Section 125 to 128).
BOOKS RECOMMENDED
Banerjee P.C., Criminal Trial and Investigation.
Kelkar R.V., Criminal Procedure Code.
Kelkar R.V., Lecturers on Criminal Procedure.
Lal Ratan & Lal Dhiraj, The Code of Criminal Procedure.
Mishra S.N., The Code of Criminal Procedure.
Sarkar S.C., Law of Criminal Procedure.
2016
(Section-A)
Q.1. Inquiry
Q.2. Investigation
Q.3. Discharge
Q.4. Aquittal
Q.5. Bailable Offence
(Section-B)
Q.6. Difference between summons and warrant trials.
Q.7. Difference between complaint and charge.
Q.8. Discuss the procedure of Summary Trial.
(Section-C)
Q.9. Discuss the classes of criminal courts and their powers and mention sentences which may be passed by them.
Q.10. Discuss the procedure regarding removal of nuisance under Criminal Procedural Code, 1973.
Q.11. Discuss the procedure followed by police in a cognizable offence after FIR has been lodged.
Q.12. Discuss the powers of court to release certain offenders after admonition under the Probation of Offenders Act, 1985.
Q.13. What do you understand by ‘Juvenile Justice’? Why not a juvenile having completed 16 years of age be treated like a major common offender if he has committed heinous sort of offence? Give your opinion.
Q.14. Discuss the power and procedure to followed by Police under section 41 and 41(A) of Criminal Procedure Code, 1973 when a person arrested without a warrant.
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| Information to the police and their powers to investigate. |
2017
(Section-A)
Q.1. What is the distinction among investigation inquiry and trial?
Q.2. Define F.I.R. and complaint and bring out their differences?
Q.3. What is the effect of Non-appearance or death of complaint in a trial of ‘Summon’s cases’ by a Magistrate?
Q.4. Can a court alter a charge?
Q.5. Give two duties of a ‘Probation Officer’.
(Section-B)
Q.6. What are constitutional rights and legal rights of an arrested person?
Q.7. Which court can take cognizance of an offence for initiation of proceedings?
Q.8. How are proceedings commenced before a magistrate under section 204 of code of Criminal Procedure, 1973?
(Section-C)
Q.9. What are different criminal courts established under Cr.P.C. in a Distt? Write about each one. Also write about their powers.
Q.10. What is Bail? Discuss ruler relating to bail in ‘Non-Bailable’ offences. When can an accused claim bail as a matter of right under code of Criminal Procedure?
Q.11. Are the statements of the witness and the accused persons recorded by a police officer during the course of investigation admissible in evidence? If so, How they can be used in criminal proceedings?
Q.12. Define ‘Charge’. Discuss the ruler which govern the joinder of ‘Charges’.
Q.13. Write about the Magistrate trail of warrant cases instituted on a police report.
Q.14. Critically examine the Juvenile Justice in India.
2018
(Section-A)
Q.1. Inquiry
Q.2. Acquital
Q.3. Statement of an accused under section 313 Cr.P.C.
Q.4. Charge
Q.5. Two duties of a probation Officer.
(Section-B)
Q.6. Discuss the procedure to be followed by a Magistrate in a Summary trail.
Q.7. What is Joinder of Charges?
Q.8. What do you mean by Summoning u/s 204 of Cr.P.C.?
(Section-C)
Q.9. Discuss the constitution, functions and powers of Criminal Courts under Criminal Procedure Code.
Q.10. How will an Investigation Officer proceed on receiving F.I.R.
Q.11. What is the procedure for a trial of an offence by Sessions Court.
Q.12. How is a ‘Warrant Case’ instituted on Police Report tried by a Magistrate?
Q.13. Critically examine the provisions of the Juvenile Justice Act in the light of latest amendments.
2019
(Section-A)
Q.1. Discharge
Q.2. Compensable Offences
Q.3. Charge
Q.4. Anticipatory bail
Q.5. Investigation
(Section-B)
Q.6. Explain Trial in petty cases.
Q.7. When a private person and a Magistrate may cause the arrest of a person?
Q.8. What are the rights of an arrested person?
(Section-C)
Q.9. Describe the constitution, powers and jurisdiction of criminal courts under Cr.P.C.
Q.10. Explain the provisions under Cr.P.C. related to the maintenance to a wife, children and parents. When they will lose rights?
Q.11. Explain the procedure before a Magistrate in a complaint case.
Q.12. Explain the procedure followed by a Magistrate in a Warrant case on a police report.
Q.13. What is F.I.R.? How will the police proceed in a cognizable offence after receiving information?
OR
When the police can arrest a person without warrant?
2020
(Section-A)
Q.1. Anticipatory Bail
Q.2. Inquiry
Q.3. Police Report
Q.4. Complaint
Q.5. Public Prosecutor
(Section-B)
Q.6. State the cases against which appeal cannot be filled.
Q.7. Explain the difference between Summons case and Warrant case.
Q.8. What are the rights of an arrested person?
(Section-C)
Q.9. Discuss the provision for maintenance for wife under Cr.P.C.. When the wife loses the right of maintenance?
Q.10. describe the constitution, powers and jurisdiction of different Criminal Courts under Cr.P.C.
Q.11. When police can arrest a person?
Q.12. “Every charge shall be tried separately.” Explain the exceptions of this rule.
Q.13. Explain the procedure in a Session’s trial case.
OR
Explain the procedure to be followed by a police officer in a cognizable offence after receiving the information.
2021
(Section-A)
Q.1. What do you mean by Complainant?
Q.2. Define bailable offence.
Q.3. What do you mean by Cognizable offence?
Q.4. What do you mean by Investigation?
Q.5. Define “warrant-case”.
(Section-B)
Q.6. What is the difference between cognizable and non-cognizable offences?
Q.7. Discuss the powers of Police to prevent Cognizable offences.
Q.8. What is the difference between reference and revision?
(Section-C)
Q.9. Describe the procedure of Trial before a Court of Session.
Q.10. When bail may be taken in case of non-bailable offence? What do you mean by amount of bond?
Q.11. What are provisions of maintenance of wife and children in Cr.P.C.?
Q.12. Procedure for the examination of the complainant under Section-200 of Code of Criminal Procedure.
Q.13. What is the difference between Investigation and Inquiry.
2022
(Section-A)
Q.1. Differentiate between cognizable and non-cognizable offences.
Q.2. Discuss the steps to be followed while recording confession by a Magistrate.
Q.3. When can a Magistrate and court of Session take cognizance of offences?
Q.4. What is ‘Complaint’? Discuss the procedure to be followed in a complaint case.
Q.5. Distinguish between reference and revision.
(Section-B)
Q.6. What are the constitutional and legal rights of an arrested person?
Q.7. What do you understand by ‘Summary Trial’? What offence can be tried summarily and by whom?
Q.8. Explain under which provision of Cr.P.C. a wife is entitled to get maintenance from her husband. Also write when she loses this right.
(Section-C)
Q.9. Discuss the classes of criminal courts and mention sentences which may be passed by them.
Q.10. Discuss the law relating to Bail. What is the basis for bail in a non-bailable case? When can bail be cancelled?
Q.11. Describe the purpose of ‘Charge’. State the details given in the charge. Can the court made any change after the charges? Is so, how and when? Discuss.
Q.12. “Summon cases are tried with which less formality than warrant cases and the manner of their trial is less rate." Discuss.
Q.13. State the powers of Appellate Courts. What are the cases in which no appeal lies?
2023
(Section-A)
Q.1. When Anticipatory Bail cannot be granted in Uttar Pradesh?
Q.2. If the accused desires to plead guilty, can a magistrate issue a special summon proposing and specifying rupees one hundred and fifty as fine?
Q.3. What are the circumstances under which persons committing different offences may be tried together?
Q.4. What do you understand by the First Information Report (F.I.R.)? What is the evidentiary value of an F.I.R.?
Q.5. Provisions relating to limitation for taking cognizance of offences.
(Section-B)
Q.6. Are the statements of the witnesses and the accused persons recorded by a Police Officer during the course of Investigation admissible in evidence? If so, how they can be used in criminal proceedings?
Q.7. Explain the ‘Revisional Jurisdiction of High Court’ in Criminal Cases.
Q.8. Describe the law and procedure for maintenance of wife , children and parents in Cr.P.C. 1973.
(Section-C)
Q.9. “Every offence shall ordinarily be inquired into tried by a Court within whose local jurisdiction it has been committed.” What are the exceptions of this rule?
Q.10. When can a police officer arrest a person without an order from the Magistrate and without warrant? Can a Magistrate also arrest a person? When a private person may arrest?
Q.11. What is a complaint? Describe the procedure that a Magistrate shall follow on a complaint being made till the issue of the process against the accused.
Q.12. How Sessional Trail is conducted in Session Court? Write from opening of the case to the judgment of the case with reference to relevant sections.
Q.13. What is appeal? When does accused appeal in High Court and Supreme Court when does state appeal in High Court and Supreme Court? Answers with reference to sections.
2024
(Section-A)
Q.1. Explain in short compoundable and non-compoundable offences.
Q.2. Explain in brief withdrawal from prosecution.
Q.3. What is Complaint?
Q.4. By whom and under which section is the ‘public prosecutor’ appointed?
Q.5. Discuss in brief the powers of executive magistrate under Sec. 163 of BNSS 2023.
(Section-B)
Q.6. Explain the meaning and purpose of arrest and discuss the rights of the arrested person.
Q.7. Explain the concept of Double Jeopardy under BNSS 2023.
Q.8. Discuss the powers of police to prevent cognizable offences.
(Section-C)
Q.9. Describe the constitution, powers and Jurisdiction of Criminal Courts under Bhartiya Nagrik Suraksha Sanhita - 2023.
Q.10. What is charge? Explain the form and contents of charge and the procedure for alternation of charge under BNSS-2023.
Q.11. “Plea bargaining is a method of alternative dispute resolution system in criminal jurisprudence.” Explain the provisions relating to plea bargaining under BNSS-2023 with sections.
Q.12. What is FIR? Explain the Provisions laid down in the BNSS-2023 with regard to registration of FIR. What is the effect of delay in filing FIR?
Q.13. Explain the procedure followed by a Magistrate in a warrant case on a Police report.
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