UPHJS2018-2
Main Exam

Q.2 Discuss the grounds on which an application under section 319 Code Of Criminal Procedure for summoning of a person as an accused can be filed, and explain at what stage of the proceedings the court can do so, with reference to the latest case law of the Supreme Court. [10 marks]

Answer and Notes

Section 319 CrPC Several issues have arisen before the Court for consideration which were: – What is the stage at which power under Section 319 Code of Criminal Procedure can be exercised? Whether the word “evidence” used in Section 319(1) Code of Criminal Procedure could only mean evidence tested by cross-examination or 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? Whether the word “evidence” used in Section 319(1) Code of Criminal Procedure has been used in a comprehensive sense and includes the evidence collected during investigation or the word “evidence” is limited to the evidence recorded during trial? What is the nature of the satisfaction required to invoke the power under Section 319 Code of Criminal Procedure to arraign an accused? Whether the power under Section 319(1) Code of Criminal Procedure can be exercised only if the court is satisfied that the accused summoned will in all likelihood convicted? Does the power under Section 319 Code of Criminal Procedure extend to persons not named in the FIR or named in the FIR but not charged or who have been discharged?

UPHJS2018-2
Main Exam

Q.6 Discuss the ingredients for the recall of a witness under section 311 code of criminal procedure with relevant case laws on the subject [10 marks]

Answer and Notes

UPHJS2016
Pre. Exam

70. Mark the incorrect statement:
(a) Article 20 (2) of the Constitution of India incorporates the principle of autrefois acquit and autrefois convict and is equivalent to the principle laid down in Section 300 of the Code of Criminal Procedure, 1973
(b) A person discharged under Section 258 of the Code of Criminal Procedure can be tried again for the same offence
(c) The composition of an offence under Section 320 of Cr. P.C. and withdrawal from prosecution under Section 321 of Cr. P.C. would not bar the trial of the accused on same facts in a subsequent case
(d) All of the above

Answer and Notes Answer is D


Sandeep : Article 20 (2) of the Constitution of India provides for "Double Jeopardy" which means no person shall be prosecuted & punished for the same offence more than once, which is equivalent to the principal laid down under section 300 of CrPC. A person discharged under section 258 of CrPC can be tried again for the same offence.

UPHJS2018-2
Pre. Exam

9. For the purpose of the code of criminal Procedure, 1973,who from amongst the following,may determine the language of each Court in the state other than the High Court
(A) The High Court of the state
(B) The Supreme Court of india
(C) The state Government
(D) The Legislative Assembely of the State

Answer and Notes Answer is C



UPHJS2012
Pre. Exam

55. Compounding of an offence will result in-
(A) acquittal
(B) discharge
(C) compromise
(D) conviction.

Answer and Notes Answer is A



UPHJS2018-1
Pre. Exam

24. Which of the following offences is cognizable, non-bailablc and un-compoundable:
(a) voluntarily causing grievous hurt, punishable under Section 325 I PC
(b) attempt to murder punishable under Section 307 1PC
(c) voluntarily causing hurt to extort confession, or to compel restoration of property, punishable under Section 330IPC
(d) voluntarily causing grievous hurt on provocation punishable under Section 335 IPC

Answer and Notes Answer is B

Explanation : According to First Schedule of CrPC, which deals with classification of offences, except option B all are bailable.

UPHJS2012
Pre. Exam

75. Power under Section 319 of Cr.RC. can be exercised-
(A) by the Magistrate and the Court of Sessions both only after recording of evidence during the inquiry or trial
(B) by the Magistrate before recording of evidence but by the Court of Sessions only after recording of evidence
(C) by The Magistrate and the Court of Sessions both even before recording of evidence
(D) . by the Magistrate only after recording evidence but by the Court of Sessions before recording of evidence.

Answer and Notes Answer is A



UPHJS2018-II
Pre. Exam

1. The Court, after the commencement of prosecution evidence, allows the Assistant Public Prosecutor to withdraw the prosecution. The accused shall be:
(a) released (b) discharged (c) acquitted (d) None of the above

Answer and Notes Answer is C



Explanation :- According to Section 321 of code of Criminal Procedure if the Public Prosecutor or Assistant Public Prosecutor in charge of any case withdraws from the prosecution from the consent of the court then as per clause (b) of the said provision the accused shall be acquitted if such withdrawal is made after the charge has been framed. Since the prosecution evidence starts after the framing of charge therefore, in this case the accused shall be acquitted.

UPHJS2009
Pre. Exam

90. “Accused statement under Section 313 Cr.P.C. is to be recorded on oath”-
(A) above statement is true
(B) above statement is false
(C) above statement is partially true
(D) None of above

Answer and Notes Answer is B

UPHJS2009
Pre. Exam

91. For summoning an accused under Section 319 Cr.P.C.-
(A) statement under 161 Cr.P.C. is relevant
(B) statement on oath in the trial is relevant
(C) both the above statements are relevant
(D) None of the above

Answer and Notes Answer is B

UPHJS2009
Pre. Exam

95. Inquiry is conducted by a Magistrate with a view to-
(A) find out a prima-facie case
(B) convict the accused
(C) authorize remand of the accused
(D) release the accused under Section 436

Answer and Notes Answer is A