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CrPC > FRAMING OF CHARGES > Flashcards

FRAMING OF CHARGES Flashcards

1
Q

What is the general rule regarding separate charges for distinct offenses?

A

According to Section 241(1), for every distinct offense a person is accused of, there shall be a separate charge, and each charge shall be tried separately.

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2
Q

Under what conditions can multiple charges be tried together?

A

Multiple charges can be tried together if the accused person requests it in writing, and the Magistrate believes that the accused is not likely to be prejudiced by such a joint trial.

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3
Q

How many offenses of the same kind can be charged and tried together within a 12-month period?

A

According to Section 242(1), up to five offenses of the same kind committed within a 12-month period can be charged and tried together.

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4
Q

What determines if offenses are considered “of the same kind” for the purpose of joint trials?

A

Section 242(2) states that offenses are of the same kind when they are punishable with the same amount of punishment under the same section of the Bharatiya Nyaya Sanhita, 2023 or any special or local law.

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5
Q

In what scenario can a person be charged with multiple offenses in one trial, even if they are not of the same kind?

A

According to Section 243(1), if multiple offenses are committed by the same person in one series of acts connected to form the same transaction, they can be charged and tried together in one trial.

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6
Q

How does the law treat attempts to commit an offense in relation to the offense itself?

A

The law considers an attempt to commit an offense to be “of the same kind” as the offense itself for the purposes of joint trials.

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7
Q

Under the Bharatiya Nyaya Sanhita, 2023, offences committed within ________ months from the first to the last of such offences can be charged together if they are of the same kind.

A

Twelve

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8
Q

According to the Bharatiya Nyaya Sanhita, 2023, an attempt to commit an offence is deemed to be of the same kind as the actual offence when:

a) The attempt is punishable under the same section
b) The attempt is an offence itself
c) Both a and b
d) None of the above

A

b

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9
Q

According to the Bharatiya Nyaya Sanhita, 2023, if multiple offences are committed by the same person in a series of acts connected together as to form the same transaction, how can they be charged and tried?

a) Separately for each offence
b) At one trial for every such offence
c) At different trials depending on the severity of each offence
d) Only for the most serious offence

A

b

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10
Q

Under which sections can a person be charged with and tried at one trial for offences of criminal breach of trust or dishonest misappropriation of property along with falsification of accounts?

a) Section 301 and Section 303
b) Section 235(2) and Section 242(1)
c) Section 101 and Section 103
d) Section 211 and Section 213

A

b

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11
Q

If the acts alleged constitute an offence falling within two or more separate definitions of any law in force, how can the person accused be charged and tried?

a) Only for the offence with the maximum punishment
b) At one trial for each of such offences
c) Separately for each definition
d) Only for the offence with the lesser punishment
Answer: b) At one trial for each of such offences

A

b

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12
Q

If several acts, when combined, constitute a different offence, how can the person accused be charged and tried according to the Bharatiya Nyaya Sanhita, 2023?

a) Only for the combined offence
b) Only for the most serious act
c) For the offence constituted by such acts when combined and for any offence constituted by any one or more of such acts
d) Separately for each act

A

c

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13
Q

True or False: A person can only be tried for one offence at a time, even if multiple offences were committed in the same transaction.

A

f

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14
Q

If a person commits an offence of falsification of accounts to conceal a criminal breach of trust, they can be tried for both offences at one trial.

A

t

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15
Q

True or False: If several acts that individually constitute offences are combined to form a different offence, the accused can only be charged with the combined offence.

A

f

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16
Q

True or False: The provisions of this section do not affect Section 12 of the Bharatiya Nyaya Sanhita, 2023.

A

t

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17
Q

Under what circumstances can a person be charged and tried at one trial for offences of criminal breach of trust along with falsification of accounts?

A

When a person charged with one or more offences of criminal breach of trust or dishonest misappropriation of property, as provided in Section 235(2) or Section 242(1), is accused of committing one or more offences of falsification of accounts to facilitate or conceal the commission of those offences, they may be charged and tried at one trial for every such offence.

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18
Q

What does the provision state about offences that fall under two or more separate legal definitions?

A

The provision states that if acts alleged constitute an offence falling within two or more separate definitions of any law, the person accused may be charged with and tried at one trial for each of such offences.

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19
Q

Under Section 244(1) of the Bharatiya Nyaya Sanhita, 2023, if a single act or series of acts raises doubt about which offence it constitutes, how may the accused be charged?

a) With only one offence
b) With all or any of the possible offences
c) Only with the most serious offence
d) With no offence until clarity is achieved

A

b

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20
Q

If the accused is charged with one offence, but evidence shows they committed a different offence under the provisions of Section 244(1), what can happen according to Section 244(2)?

a) The accused must be acquitted
b) The trial must start over with the correct charge
c) The accused may be convicted of the offence shown by the evidence
d) The accused can only be convicted of the offence they were initially charged with

A

c

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21
Q

When an accused is charged in the alternative with having committed one of several offences under Section 244(1), how many of these charges may be tried at once?

a) Only one
b) All of them
c) Only two
d) None, they must be tried separately

A

b

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22
Q

According to Section 244(2), if the accused is shown by evidence to have committed a different offence from the one they were charged with, which of the following is true?

a) The accused cannot be convicted
b) The accused may be convicted of the offence shown by evidence
c) The accused can only be fined
d) The accused must be recharged with the correct offence

A

b

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23
Q

True or False: Under Section 244(1) of the Bharatiya Nyaya Sanhita, 2023, if a single act raises doubt about which of several offences it constitutes, the accused can only be charged with the most likely offence.

A

f

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24
Q

True or False: If an accused is charged with one offence but the evidence shows they committed a different offence, the court can convict the accused of the different offence even if they were not originally charged with it.

A

t

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25
Q

True or False: Under Section 244, multiple charges for different offences arising from the same act cannot be tried at the same time.

A

f

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26
Q

What does Section 244(1) of the Bharatiya Nyaya Sanhita, 2023 allow if it is unclear which offence a single act or series of acts constitutes?

A

Section 244(1) allows the accused to be charged with all or any of the possible offences, and any number of such charges may be tried at once, or the accused may be charged in the alternative with having committed one of the said offences.

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27
Q

What happens under Section 244(2) if evidence shows that the accused committed a different offence than the one they were charged with?

A

Under Section 244(2), the accused may be convicted of the offence which the evidence shows they committed, even if they were not originally charged with that specific offence.

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28
Q

According to Section 245(1) of the Bharatiya Nyaya Sanhita, 2023, if a person is charged with an offence consisting of several particulars and only some of those particulars are proved, what may the person be convicted of?

a) The major offence
b) The minor offence constituted by the proved particulars
c) The offence they were charged with, regardless of what is proved
d) No offence

A

b

29
Q

Under Section 245(2), if facts are proved that reduce the charged offence to a minor offence, what can the accused be convicted of?

a) The original offence they were charged with
b) The minor offence
c) A different offence unrelated to the charges
d) No offence

A

b

30
Q

According to Section 245(3), if a person is charged with an offence, what can they be convicted of even if it is not separately charged?

a) Any unrelated offence
b) A more serious offence
c) An attempt to commit the charged offence
d) A lesser offence with similar elements

A

c

31
Q

What does Section 245(4) specify regarding the conviction of a minor offence?

a) A minor offence can always be convicted without any conditions
b) A conviction for a minor offence is only authorized if the conditions for initiating proceedings for that offence have been satisfied
c) A minor offence conviction is not allowed under any circumstances
d) The court can decide on its own whether to convict for a minor offence

A

b

32
Q

True or False: Under Section 245(1), if only some particulars of a charged offence are proved, the accused can still be convicted of a related minor offence even if not charged with it.

A

t

33
Q

True or False: According to Section 245(2), an accused cannot be convicted of a minor offence if they were charged with a more serious offence, even if facts reduce it to a minor offence.

A

f

34
Q

True or False: Section 245(4) authorizes the conviction of a minor offence regardless of whether the conditions for initiating proceedings for that minor offence have been satisfied.

A

f

34
Q

True or False: Section 245(3) allows for the conviction of an attempt to commit the charged offence even if the attempt was not separately charged.

A

t

35
Q

What does Section 245(1) of the Bharatiya Nyaya Sanhita, 2023 allow if only a combination of some particulars of a charged offence is proved?

A

Section 245(1) allows for the conviction of the accused for a minor offence constituted by the proved particulars, even if the accused was not charged with the minor offence.

36
Q

According to Section 245(2), what can happen if facts are proved that reduce the charged offence to a minor offence?

A

The accused may be convicted of the minor offence, even though they were not originally charged with it.

37
Q

What does Section 245(3) allow regarding the conviction for an attempt to commit an offence?

A

Section 245(3) allows the accused to be convicted of an attempt to commit the charged offence, even if the attempt was not separately charged.

38
Q

Under Section 246(a) of the Bharatiya Nyaya Sanhita, 2023, which of the following groups of persons can be charged and tried together?

a) Persons accused of unrelated offences
b) Persons accused of the same offence committed in the course of the same transaction
c) Persons accused of different offences committed in different locations
d) Persons accused of offences that occurred years apart

A

b

39
Q

According to Section 246(b), which individuals may be charged and tried together?

a) Persons accused of the same offence and their family members
b) Persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence
c) Persons accused of minor offences and those accused of serious offences
d) Persons accused of different offences in different transactions

A

b

40
Q

What does Section 246(c) allow for in terms of charging and trying individuals together?

a) Persons accused of any unrelated offences within a year
b) Persons accused of more than one offence of the same kind, committed jointly within a period of twelve months
c) Persons accused of offences related to financial crimes
d) Persons accused of offences in different transactions across multiple years

A

b

41
Q

Under Section 246(e), who can be charged and tried together?

a) Persons accused of unrelated thefts
b) Persons accused of theft and persons accused of receiving or assisting in the disposal of stolen property
c) Persons accused of cheating and those accused of unrelated thefts
d) Persons accused of criminal misappropriation only

A

b

42
Q

According to Section 246(f), which groups of individuals may be charged and tried together?

a) Persons accused of unrelated property offences
b) Persons accused of offences under Section 315 of the Bharatiya Nyaya Sanhita, 2023, related to stolen property
c) Persons accused of minor offences only
d) Persons accused of offences involving counterfeit documents

A

b

43
Q

Section 246(g) allows for the joint trial of which of the following groups?

a) Persons accused of offences under Chapter XII of the Bharatiya Nyaya Sanhita, 2023, relating to counterfeit coin, and persons accused of related offences involving the same coin
b) Persons accused of unrelated financial crimes
c) Persons accused of any offences under different sections of Chapter XII
d) Persons accused of offences in different states

A

a

44
Q

True or False: According to Section 246(a), only persons accused of different offences in the course of the same transaction can be charged and tried together.

A

False (It should be persons accused of the same offence in the course of the same transaction)

45
Q

True or False: Under Section 246(c), persons accused of offences of the same kind committed within a period of twelve months can be tried together, even if the offences were committed separately.

A

True (If the offences were committed jointly within the period)

46
Q

True or False: Under Section 246(g), persons accused of any offence under Chapter XII of the Bharatiya Nyaya Sanhita, 2023, can be charged and tried together, regardless of whether the offences are related to the same coin.

A

(They must be related to the same coin)

46
Q

True or False: Section 246(e) allows persons accused of receiving stolen property and those accused of the theft itself to be charged and tried together.

A

True

47
Q

What does Section 246(b) of the Bharatiya Nyaya Sanhita, 2023, provide for in terms of charging and trying individuals together?

A

Section 246(b) allows persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence to be charged and tried together.

48
Q

Under what conditions can persons accused of more than one offence of the same kind be charged and tried together according to Section 246(c)?

A

Persons accused of more than one offence of the same kind, within the meaning of Section 242, committed jointly within the period of twelve months, can be charged and tried together.

49
Q

What does the proviso in Section 246 specify about the joint trial of persons charged with separate offences not covered by the specified categories?

A

The proviso specifies that where a number of persons are charged with separate offences not covered by the specified categories, the Magistrate or Court of Session may try all such persons together if they apply in writing, it is not prejudicial, and it is expedient to do so.

50
Q

Who can be charged and tried together under Section 246(g) related to counterfeit coin offences?

A

Persons accused of offences under Chapter XII of the Bharatiya Nyaya Sanhita, 2023, relating to counterfeit coin and persons accused of any other offence under the same Chapter relating to the same coin, or of abetment of or attempting to commit any such offence, can be charged and tried together.

51
Q

According to Section 247, if multiple charges are framed against the same person and a conviction is secured on one or more charges, who may withdraw the remaining charges with the consent of the Court?

a) The accused
b) The defense lawyer
c) The complainant or the officer conducting the prosecution
d) The jury

A

C

52
Q

Under Section 247, what may the Court do of its own accord concerning the remaining charges after a conviction on one or more charges?

a) Proceed with the trial of the remaining charges
b) Stay the inquiry into, or trial of, the remaining charges
c) Automatically dismiss the remaining charges
d) Increase the sentence for the convicted charges

A

B

52
Q

What effect does the withdrawal of remaining charges have under Section 247 if a conviction has been had on one or more charges?

a) It results in a dismissal of the charges
b) It has no effect on the remaining charges
c) It results in an acquittal on the withdrawn charges
d) It results in a retrial of all charges

A

C

53
Q

What happens if the conviction on one or more charges is set aside according to Section 247?

a) The Court must acquit the accused of all charges
b) The remaining charges are automatically dismissed
c) The Court may proceed with the inquiry into or trial of the charges that were withdrawn
d) The case is closed permanently

A

c

54
Q

True or False: Under Section 247, the withdrawal of remaining charges by the complainant or the officer conducting the prosecution has no effect unless the Court consents.

A

True

55
Q

True or False: If the Court stays the trial of remaining charges after a conviction on one or more charges, this stay automatically results in the acquittal of the accused on those charges.

A

False (The stay results in an acquittal only if the charges are withdrawn)

56
Q

rue or False: Section 247 allows the Court to proceed with the inquiry into or trial of charges that were withdrawn if the original conviction is set aside.

A

True

57
Q

True or False: Under Section 247, once the remaining charges are withdrawn, they cannot be retried even if the conviction is later set aside.

A

False (The Court may proceed with the inquiry or trial if the conviction is set aside)

58
Q

What does Section 247 allow the complainant or the officer conducting the prosecution to do with the remaining charges after a conviction on one or more charges, provided they have the Court’s consent?

A

Section 247 allows the complainant or the officer conducting the prosecution to withdraw the remaining charges with the Court’s consent, which has the effect of an acquittal on those charges.

59
Q

What may the Court do on its own accord concerning the remaining charges after a conviction under Section 247?

A

The Court may stay the inquiry into, or trial of, the remaining charges on its own accord, which would result in an acquittal if the charges are withdrawn.

60
Q

What action may the Court take if a conviction is set aside after charges have been withdrawn under Section 247?

A

If the conviction is set aside, the Court may proceed with the inquiry into or trial of the charges that were withdrawn, subject to the order of the Court that set aside the conviction.

61
Q

What effect does the withdrawal of remaining charges have under Section 247 if the original conviction is not set aside?

A

The withdrawal of remaining charges has the effect of an acquittal on those charges if the original conviction is not set aside.

62
Q

Under Section 247, the withdrawal of charges by the complainant or the officer conducting the prosecution requires the ________ of the Court.

A

Consent

63
Q

According to Section 247, the withdrawal of remaining charges after a conviction results in an ________ on those charges.

A

Acquittal

64
Q

If the original conviction is set aside under Section 247, the Court may proceed with the ________ or ________ of the charges that were withdrawn.

A

Inquiry, trial

65
Q

Section 247 states that the Court can stay the ________ into or ________ of the remaining charges on its own accord.

A

Inquiry, trial

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