Evidence In Inquiries And Trials MCQ Quiz - Objective Question with Answer for Evidence In Inquiries And Trials - Download Free PDF

The correct answer is 'The Court can exercise the power under the said provision even on the basis of the statement made in the examination-in-chief of the witness concerned.'

Key Points

• Section 319(1) of the Cr.P.C.:
  • Section 319(1) of the Code of Criminal Procedure (Cr.P.C.) empowers a court to proceed against any person not being the accused who appears to have committed any offence for which such person could be tried together with the accused.
  • The key aspect is the interpretation of the term 'evidence' used in this section.
• Explanation of Option 2:
  • The court can exercise its powers under Section 319(1) even on the basis of the statement made in the examination-in-chief of the witness concerned.
  • This means that the court does not have to wait for the cross-examination to consider the evidence sufficient to proceed against another person.

Additional Information

• Option 1:
  • This option states that 'evidence' could only mean evidence tested by cross-examination.
  • This interpretation would limit the court's ability to act promptly under Section 319(1) and is not supported by the provision's intent.
• Option 3:
  • This option combines both the interpretations of options 1 and 2.
  • Since option 1 is incorrect, the combined option is also incorrect.
• Option 4:
  • This option suggests that none of the above interpretations are correct.
  • However, the correct interpretation aligns with option 2.

The correct answer is 'The Court may, at any stage, without previously warning the accused, put such questions to him as the Court considers necessary.'

Key Points

• Section 313 of the Cr.P.C.:
  • Section 313 of the Criminal Procedure Code (Cr.P.C.) provides for the examination of the accused in every inquiry or trial to enable the accused to personally explain any circumstances appearing in the evidence against him.
  • The provision ensures that the accused has an opportunity to present his explanation regarding the evidence presented by the prosecution.
  • This examination is a crucial part of ensuring a fair trial as it allows the accused to address the court directly and clarify any facts or evidence that may have been misunderstood or misrepresented.

Additional Information

• Oath shall be administered to the accused:
  • This statement is incorrect as per Section 313 of the Cr.P.C. No oath is administered to the accused during this examination. The purpose is to allow the accused to explain evidence without the compulsion of an oath.
• Liability to punishment for refusing to answer:
  • This statement is also incorrect. The accused is not liable to be punished for refusing to answer questions or for giving false answers during the examination under Section 313 of the Cr.P.C.
  • The section is designed to allow the accused to freely explain circumstances without the pressure of legal consequences for their responses.
• All of the above:
  • This option is incorrect because not all the points listed are accurate representations of Section 313 of the Cr.P.C. Only the court's ability to question the accused without prior warning is correct.

The correct answer is 'on its own motion by Court.'

Key Points

• Section 311 of Cr.P.C.:
  • This section deals with the power of the court to summon material witnesses or examine persons present.
  • The court has the authority to summon any person as a witness, or recall and re-examine any person already examined, if it deems their evidence to be essential for a just decision of the case.
  • This power can be exercised at any stage of the trial.

Additional Information

• On motion of defence:
  • This refers to the defence counsel's request to call a witness. While the defence can request the court to call a witness, the court is not obligated to do so unless it finds the request relevant and necessary.
• On the motion of prosecution:
  • The prosecution can also request the court to summon a witness. Similar to the defence's request, the court will consider the necessity and relevance before deciding.
• All the above:
  • While both the defence and prosecution can request the court to summon witnesses, the section specifically empowers the court to act on its own motion, making this option not entirely correct in the context of the question.

The correct option is 315.

Key Points

• Section 315 of the CrPC deals with the issue of a person accused of an offence being a competent witness for the defence.
• According to Section 315: "A person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial."
• This section allows the accused person to be a witness for the defence, providing an opportunity to present evidence in their favour.
• It is important to note that the accused has the right to remain silent and is not compelled to be a witness.
• If the accused chooses to be a witness, they are subject to cross-examination by the prosecution.

Additional Information

• The doctrine of double jeopardy is defined under Section 300 of CrPC.
• Section 313: Power to examine the accused.
• Section 317 (2) gives the court the power to adjourn or split proceedings in a criminal case.

The correct answer is option 1.Key Points

• Section 273 of Criminal Procedure Code 1973 Evidence to be taken in presence of accused.
• Subsection 1 says except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his pleader:
• Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused.
• Explanation.—In this section, “accused” includes a person in relation to whom any proceeding under Chapter VIII has been commenced under this Code.

The correct option is 315.

Key Points

• Section 315 of the CrPC deals with the issue of a person accused of an offence being a competent witness for the defence.
• According to Section 315: "A person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial."
• This section allows the accused person to be a witness for the defence, providing an opportunity to present evidence in their favour.
• It is important to note that the accused has the right to remain silent and is not compelled to be a witness.
• If the accused chooses to be a witness, they are subject to cross-examination by the prosecution.

Additional Information

• The doctrine of double jeopardy is defined under Section 300 of CrPC.
• Section 313: Power to examine the accused.
• Section 317 (2) gives the court the power to adjourn or split proceedings in a criminal case.

The correct answer is option 1.Key Points

• Section 273 of Criminal Procedure Code 1973 Evidence to be taken in presence of accused.
• Subsection 1 says except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his pleader:
• Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused.
• Explanation.—In this section, “accused” includes a person in relation to whom any proceeding under Chapter VIII has been commenced under this Code.

The correct answer is Option 3.

Key Points

• Section 272 of the Code of Criminal Procedure 1973, states that the State government shall determine the language of all courts other than the High Courts. So, broadly it means that the language used in the district courts shall be in the regional language as the State government directs.

Additional Information

• The language of all courts subordinate to High Courts generally remains the same as the language on the commencement of the Civil Procedure Code 1908, till the state government determines.
• There are two provisions regarding the use of language in subordinate courts.
  • Under Section 137 of the Code of Civil Procedure, the language of the district courts shall be similar to the language of the act.
• The state government has the power to declare any regional language as an alternative for the proceedings of the court.
  • However, judgments, orders, and decree may be passed by the magistrate in English.
  • The recording of the evidence shall be done in the prevailing language of the state.
  • In case of a pleader being unacquainted with English, a translation into the language of the court shall be supplied to him on his request and the court shall bear such costs.

The correct option is 300.

Key Points

• The concept is defined under Section 300 of CrPC.
• It gives a detailed analysis by giving provisions on what will form a part of double jeopardy and what all are the exceptions made under it.
• One of the major points of emphasis is that double jeopardy laws deal with both the issues of autrefois convict and autrefois acquit.
• Therefore, double jeopardy applies to all those who are either acquitted or convicted of the offence.
• There are six sub-clauses under this section which aims to provide an exhaustive view on the concept.
  1. A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of section 221, or for which he might have been convicted under sub-section (2) thereof.
  2. A person acquitted or convicted of any offence may be afterwards tried, with the consent of the State Government, for any distinct offence for which a separate charge might have been made against him at the former trial under sub-section (1) of section 220.
  3. A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last-mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted.
  4. A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged.
  5. A person discharged under section 258 shall not be tried again for the same offence except with the consent of the Court by which he was discharged or of any other Court to which the first-mentioned Court is subordinate.
  6. Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1897, (10 of 1897) or of section 188 of this Code. 
     • Explanation. - The dismissal of a complaint, or the discharge of the accused, is not an acquittal for this section.
• Illustrations:-
  • A is tried upon a charge of theft as a servant and acquitted, he cannot afterwards, while the acquittal remains in force, be charged with theft as a servant, or, upon the same facts, with theft simply, or with criminal breach of trust.
  • A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide.

Additional Information

• Part III of the Indian Constitution provides certain fundamental rights, under these fundamental rights, Article 20(2) provides that, no person shall be prosecuted and punished for the same offence more than once.

The correct option is 315.

Key Points

• Section 315 of the CrPC deals with the issue of a person accused of an offence being a competent witness for the defence.
• According to Section 315: "A person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial."
• This section allows the accused person to be a witness for the defence, providing an opportunity to present evidence in their favour.
• It is important to note that the accused has the right to remain silent and is not compelled to be a witness.
• If the accused chooses to be a witness, they are subject to cross-examination by the prosecution.

Additional Information

• The doctrine of double jeopardy is defined under Section 300 of CrPC.
• Section 313: Power to examine the accused.
• Section 317 (2) gives the court the power to adjourn or split proceedings in a criminal case.

The correct option is 315.

Key Points

• Section 315 of the CrPC deals with the issue of a person accused of an offence being a competent witness for the defence.
• According to Section 315: "A person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial."
• This section allows the accused person to be a witness for the defence, providing an opportunity to present evidence in their favour.
• It is important to note that the accused has the right to remain silent and is not compelled to be a witness.
• If the accused chooses to be a witness, they are subject to cross-examination by the prosecution.

Additional Information

• The doctrine of double jeopardy is defined under Section 300 of CrPC.
• Section 313: Power to examine the accused.
• Section 317 (2) gives the court the power to adjourn or split proceedings in a criminal case.

The correct answer is Option 4.

Key Points

• Section 273 says Evidence to be taken in the presence of the accused in The Code Of Criminal Procedure, 1973.
• Except as otherwise expressly provided, all evidence
  taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his
  personal attendance is dispensed with, in the presence of his pleader:
• Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been
  subjected to rape or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused.
• Explanation - In this section, “accused” includes a person in relation to whom any proceeding under Chapter VIII has been commenced under this Code.

The correct option is Section 274.

Key Points

• Sections 272 to 283 of CrPC explain the "Mode of taking and recording".
• The modes of recording evidence in criminal cases:-
  • Section 273:- This section is mandatory to record all the evidence only in the presence of the accused when his attendance has been dispensed the evidence must be recorded in the presence of a pleader.
  • Section 274:- In this section, the Magistrate shall record a memorandum of the substance of evidence in the court language and must be signed by the Magistrate.
  • Section 275(1):- In this section, in all the warrant cases the evidence of each witness shall be in writing by Magistrate or under his direction if the Magistrate is unable to do so due to some physical or other incapacities under his direction and superintendence by the officer of the court who is appointed by the Magistrate on his behalf.
    • The evidence under this subsection is to be recorded by audio-video electronic.
  • Section 275(3):- It permits the Magistrate to record evidence in question and answer form.
  • Section 276:- In this section of the Session Court recording should be done by the presiding officer at his discretion can take down any part of the evidence in question and answer format which has to be signed by him.
  • Section 278:- In this section when the evidence of a witness is completed, it should be read over to the accused or his pleader.
  • Section 280:- In this section, the presiding judge or magistrate is empowered to record the remarks.
• Case:-
  • Javer Chand and Ors. V. Pukhraj Surana (1961):- The Court held that the court does not proceed further whenever an objection is raised in the court without passing any order on such an objection. If there is an objection to the stamp duty of a document then the objection will be decided then and there before proceeding further.
  • State of Madhya Pradesh V. Budhram (1995):- In this case, the court held that the accused was convicted for an offence under Section 302 of IPC and was subjected to a death sentence.
    • The conviction was set aside evidence was not recorded in his presence later the case was remanded back for trial.

Explanation - Under Section 299 of the CrPC, it is stated that if it can be proved that an accused person has been absconded and that there is no immediate prospect of arresting him, the Court which competent to try such person for the offence complained of can in his absence, examine the witnesses produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into or trial for the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.

The correct answer is 'The Court can exercise the power under the said provision even on the basis of the statement made in the examination-in-chief of the witness concerned.'

Key Points

• Section 319(1) of the Cr.P.C.:
  • Section 319(1) of the Code of Criminal Procedure (Cr.P.C.) empowers a court to proceed against any person not being the accused who appears to have committed any offence for which such person could be tried together with the accused.
  • The key aspect is the interpretation of the term 'evidence' used in this section.
• Explanation of Option 2:
  • The court can exercise its powers under Section 319(1) even on the basis of the statement made in the examination-in-chief of the witness concerned.
  • This means that the court does not have to wait for the cross-examination to consider the evidence sufficient to proceed against another person.

Additional Information

• Option 1:
  • This option states that 'evidence' could only mean evidence tested by cross-examination.
  • This interpretation would limit the court's ability to act promptly under Section 319(1) and is not supported by the provision's intent.
• Option 3:
  • This option combines both the interpretations of options 1 and 2.
  • Since option 1 is incorrect, the combined option is also incorrect.
• Option 4:
  • This option suggests that none of the above interpretations are correct.
  • However, the correct interpretation aligns with option 2.