Criminal Procedure Code - Examination Questions (Topic-wise)

1. Rights of the Accused / Arrested Person / Fair Trial

• Rights of an arrested person (5 marks)

• Discuss the rights available to an accused person under the Code of Criminal Procedure,
1973. Elaborate upon the provisions related to fair trial in the Code. (15 marks)
• Case study involving Pintu's trial and lawyer arguing mental illness; critically examine if
Pintu received a fair trial per natural justice and Code provisions, including analysis of
rights of accused, treatment for persons of unsound mind, court's actions regarding framing/
altering charges, protection against self-incrimination and double jeopardy, and
consideration of mental health. (15 marks)
• Write a short note on Right to Legal Aid as provided in the Code of Criminal Procedure,
1973. (5 marks)
2. Investigation / Inquiry / Police Diary / FIR

• Examination of witnesses by the Police. (5 marks)

• What is the scope and nature of "Case Diary" to be maintained under Section 172, CrPC and
the limitation imposed on its use, if any, may be indicated? (30 marks)
• Case study involving Kirti's unnatural death and subsequent police investigation procedures
including examining witnesses, recording statements, visiting crime scene, collecting
evidence, recording observations in police diary, and submitting report to magistrate;
analyze the procedures. (15 marks)
• Explain the procedure contained in Section 167 of CrPC, 1973 which has to be followed
when investigation cannot be completed in twenty-four hours. (15 marks)
• What is a First Information Report? What recourse does an informant have in case where
there is a refusal by the police officer to register the FIR in cognizable case? Discuss in the
light of relevant case law. (15 marks)
• Explain the meaning and purpose of 'investigation' with reference to relevant provisions of
the Code of Criminal Procedure. Distinguish between 'Investigation', 'Inquiry' and 'Trial',
giving illustrations of each of these three proceedings. (30 marks)
• How is inquiry defined in the Code of Criminal Procedure, 1973? Explain the distinction
between inquiry, investigation and trial. (5 marks)
3. Courts / Jurisdiction / Powers of Magistrate

• Explain the constitution and hierarchy of criminal courts in India. Discuss the jurisdiction
and powers of different criminal courts. (5 marks)
• Inherent powers of Court as provided under Section 482, CrPC. (5 marks)
• Discuss the role and powers of juvenile courts and juvenile welfare boards in the criminal
justice system. (5 marks)
• What are Juvenile Justice Boards? Discuss in the light of Section 4 of the Juvenile Justice
(Care and Protection of Children) Act, 2015. (5 marks)
• Case study: Villagers assembled near a disputed plot of agricultural land to protest against
its demarcation by the local authorities, leading to a law and order situation. Explain the
powers of the executive magistrate in such a situation to disperse the unlawful assembly and
maintain public order as per the Code of Criminal Procedure. (5 marks)
• Case study: Ajay accused of committing theft in Delhi, charge sheet filed before a court in
Mumbai later. Examine whether the court in Mumbai can validly take cognizance of the
 offence committed by Ajay in light of the provisions of ordinary place of inquiry/trial and
limitation prescribed for taking cognizance under the Code of Criminal Procedure. (5 marks)
• Case study: Rani filed application in Family Court in Delhi seeking maintenance from
estranged husband Rahul under Section 125 CrPC. Rahul argued the court does not have
jurisdiction since he resides in Mumbai. Examine the maintainability of Rani's application in
light of the provisions related to jurisdiction of courts and procedure for maintenance under
Section 125 CrPC. (5 marks)
• Explain the limitation on the powers of the Magistrate to take cognizance of an offence
relating to defamation and marriage. (5 marks)
• Case study: 'X' carrying licensed trade of selling liquor, servants soliciting public causing
discomfort/noise. Executive magistrate on receiving information issues an order restraining
'X' from selling liquor. Examine the above-mentioned problem and decide with reference to
statutory provisions and decided cases, considering 'X' challenges order. (15 marks)
• What are the main functions of the Executive Magistrate under Code of Criminal
Procedure? Examine the effect of the fact that despite constitutional directives, Executive
Magistrate's court have not been put under the State Government with the help of relevant
provisions and decided cases. (30 marks)
4. Charge / Trial Procedure

• Case study: Harish accused, avoiding appearing in court. Discuss the procedure prescribed
under the criminal procedure code should the police first try in order to summon Harish to
court - serving him a summons, issuing a proclamation and an order of attachment,
obtaining an arrest warrant, serving a special summons? If the first procedure does not work,
what should be the next step as per the code? Apart from compelling Harish's appearance,
under what circumstances can cases be committed to a sessions court or consolidated into a
single case as per the criminal procedure code? (15 marks)
• Explain the procedure prescribed under the Code of Criminal Procedure for summary trial.
What offences may be summarily tried and by whom? (5 marks)
• Case study: Ravi accused of theft, case committed to Sessions Court, trial conducted. When
examined under Section 313 CrPC, Ravi denied all charges and did not give any
explanation. Convicted. Appealed to High Court arguing trial was not conducted as per the
Code and his rights were violated. Examine whether the trial conducted by the Sessions
Court was in accordance with the provisions of CrPC relating to trial procedure, rules of
evidence and examination of accused. Discuss the merits of Ravi's appeal. (30 marks)
• Define charge and enumerate the contents of charge. Also discuss, if the charge once framed
may be altered by the court. According to section 315 of the Code of Criminal Procedure,
1973, what is the effect of an error or omission in a charge? (part of 30 marks)
5. Bail

• What are the essential components of Anticipatory Bail under Section 438 of the Code of
Criminal Procedure? Can anticipatory bail be claimed as a matter of right? Discuss. (15
marks)
• Case study: Rajesh arrested for assaulting neighbor. Lawyer filed anticipatory bail
application, rejected. Arrested again, sent to judicial custody, bail application rejected.
Appeal filed before High Court. Analyze the anticipatory bail application process
undertaken in Rajesh's case and the bail application process after his arrest keeping in view
the relevant provisions of the CrPC. (30 marks)
• Case study: Accused 'X' is arrested in a bailable offence and he is released on bail. During
trial, he absconds and non-bailable warrant is issued against him. The police arrest him and
 produce him before the court. The defence counsel pleads for his release on bail under
Section 436(1) of the Criminal Procedure Code. Whether court can release 'X' on bail or not.
Examine the above-mentioned problem and decide with reference to statutory provisions
and decided cases. (15 marks)
• Write a note on grounds for cancellation of bail. (part of 30 marks)
• Distinction between cognizable and non-cognizable offence (part of 30 marks)
• Distinction between summons and warrants case (part of 30 marks)
6. Disposal of Property

• Order of Custody and disposal of property pending trial. (5 marks)

• Explain the provisions of the Code of Criminal Procedure relating to disposal of property
pending trial. (5 marks)
7. Maintenance

• Although the Criminal Procedure Code is a procedural enactment, it also confers substantive
rights, the right of maintenance being one of the most important of such rights. Provisions
given in Sections 125 to 128, is therefore, not a punitive measure; it is preventive rather than
remedial. Elucidate. (30 marks)
• Briefly examine the provisions relating to maintenance of wives, children and parents. (5
marks)
8. Other Specific Topics / Concepts

• Compounding of offences. (5 marks)

• Write a short note on compounding of offences as provided for, in the Code of Criminal
Procedure, 1973. (5 marks)
• Explain the provisions relating to tender of pardon to approver under the Code of Criminal
Procedure. (5 marks)
• Explain the provisions regarding remission and commutation of sentence under the Code of
Criminal Procedure. (5 marks)
• Discuss the rule against double jeopardy as contained in section 300 of the Code of Criminal
Procedure, 1973. (5 marks)
• Case study: Mr Ali was upset with the hawkers in Ameerpet lane who are creating nuisance
by using mikes announcing the products and discounts which they sell every day. He
complained to the police officer but the police officer never took action against the Hawkers.
In the light of the facts, advice Ali as whom to approach for filing a complaint with relevant
procedure prescribed under Code of Criminal Procedure 1973. (15 marks)
• Case study: Mr Surfira who was staying in India committed a theft in a Bank where he was
working. He later flew to UK and was hiding in London. The Court in India having
jurisdiction desires that person to be arrested and brought to India. Discuss the procedure
prescribed under Code of Criminal Procedure 1973 to arrest Mr Surfira. (15 marks)
• Case study: Phulwa is accused of committing an offence of extortion and dacoity. The police
arrested him, and produced before Magistrate. Charge sheet was filed by the police.
Magistrate framed charges against the accused. The case is pending for trial and the defence
lawyer suggested Phulwa to apply for Plea bargaining. What is plea bargaining? What are
the provisions available under CrPC with relevant case laws? (15 marks)
• Explain the powers of an appellate court to deal with criminal appeals as per the provisions
of the Code of Criminal Procedure. Also briefly discuss the other remedies of revision,
reference and transfer of cases. (5 marks)
 • Explain the procedures which have to be followed when warrant remains unexecuted. (5
marks)
• Case study: 'X' has been charged with theft. It also appears that the offence of criminal
breach of trust or that of receiving stolen property has been committed by him. Can 'X' be
convicted of criminal breach of trust or that of receiving stolen property? Examine the
above-mentioned problem and decide with reference to statutory provisions and decided
cases. (15 marks)
• Case study: Police officer reasonably suspects that 'Y' is a deserter from the Army. In
consequence of his reasonable suspicion, he arrests 'Y' without an order from a Magistrate
and without a warrant. Is the arrest made by 'X' legal? Examine the above-mentioned
problem and decide with reference to statutory provisions and decided cases. (15 marks)
• Search warrant under sec 93, Cr.P.C, 1973 (part of 30 marks)
Please note that for question 11 and 12 in Source, the marks (30) are allocated to the entire question
which comprises multiple sub-parts, rather than each sub-part individually.