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CrPC > Sesssions case > Flashcards

Sesssions case Flashcards

1
Q

“Trial” has been defined in CrPC?

A

No

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2
Q

Stage of trial usually begins after examination ?

A

No
with framing of charge and ends with acquittal/ conviction

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3
Q

Providing fair opportunity to be heared in trial indicates which principle

A

Principle of Natural Justice

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4
Q

India follows which system to prove a case

A

Adversarial system
Onus to prove is upon Prosecution and not on Defence

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5
Q

In Indian judicial system onus to proof an accusation is on …

A

Prosecution

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6
Q

Accused is presumed innocent if not proved beyond

A

reasonable doubt

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7
Q

Chapters and sessions dealing with
sessions
warrant
Summons
Summary trials

A

Chapter 18-21
225-237
238-250
251-259
260-265

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8
Q

Distr court deals with both Criminal and Civil cases?

A

False
only Civil cases

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9
Q

Sessions court deals with …. cases

A

Criminal cases

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10
Q

Offences and Specific court where it is to be tried is mentioned in which schedule

A

1st of CrPC

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11
Q

In sessions trial- Prosecution to be conducted by…. under ..sec

A

Public Prosecutor
225

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12
Q

opening of sessions case is done by Magistrate/

A

No
Prosecution

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13
Q

offences which shall be exclusively tried in sessions court. … sec mentions this

A

209

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14
Q

Which Sec deals with opening of sessions cases under Sec ….

A

226
209-mm

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15
Q

Sec 209 mentioned in sec … which is

A

226
Commitment of offences exclusively triable in sessions courts

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16
Q

While opening the case of Prosecution …. and …. is done

A

Describe the charge
State by what Evidence that could prove accused guilty

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17
Q

Discharge before evidence by defence is done in sessions trail acc to S …

A

227

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18
Q

Accused is disacharged acc to s 227 after considering only the prosecution records and part pof accused is heared or considered only after framing charge ?

A

No
Records considered and both parties heared before discharging

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19
Q

If an accused is discharged according to S 227 of sessions trial he can’t be recalled

A

false

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20
Q

framing of charge in sessions trial is under…

A

S 228

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21
Q

While framing charge accused has no right to provide any material for his defence
He can do so only During trial

A

True

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22
Q

During the procedure of sessions trial court gets to understand that the case is not exclusively triable in sessions court, What shall he do

A

Frame charge, Order to transfer case to CJM/ JM of 1st class

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23
Q

Under S 228, cases if trannsfered because its not exclusively triable in sessions courrt shall be tried as

A

warrant case

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24
Q

if a case is not to be tried as sessions trial during procedure, mag should transfer the case to 2 nd class JM without framing charge

A

false
1st class Jm/ CJM
after framing charge and with a order to transfer
case will proceed as per a warrant case

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25
Q

Non exclusive cases of sessions cases are transferred as per S 228 ….

A

228 -while framing
228 (1) (b)

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26
Q

Cases triable by sessions court, Charge can be framed as per S 228 2 (a)

A

false (1) (b)

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27
Q

Accusedc is asked if he pleads guilty under

A

sec 228 (2)

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28
Q

After framing charge, Charge is read out and explained and asked if he pleads guilty Judge has discretion to convict an accused who pleads guilty

A

Yes

29
Q

Which sessions gives Mag the discretion to Convict an accused who pleads guilty

A

229

30
Q

Conviction on plea of guilty

A

229

31
Q

Prose4cution could submit application to issue any process for compelling attendance of any witness/ production of any doc under …

A

s 230
while fixing date for evidence of prosecution

32
Q

Date for prosecution evidence

A

230

33
Q

Court shall proceed to take all evidences in support of prosecution as per

A

231 (1)

34
Q

Prosecution may cross examine, defer or recall acc to …. Only if court permits

A

231 (2)
True- Mag may permit- He has discretionary power

35
Q

Accused may be discharged before framing charge
accused may be acquittedonly after hearing evidence for defence

A

yes
No
Evidence for prosecution is taken
Both parties are heared
but not after defence evidence is taken 232

36
Q

according to 232 an accused is acquitted if No evidence that accused has committed is proven

A

true

37
Q

acquittal acc to 32 is done after considering …, … and …

A

taking prosecution evidence
examining accused
Hearing both parties

38
Q

evidence for defence

A

233

39
Q

Defence is called upon to enter on his defence acc to ….(..)

A

233 1

40
Q

Written doc submitted by defence during Defence evidence 233 (…) will be considered but is not filed with the record?

A

false
233 (2)
will be filed

41
Q

Appliocation for issue any process by defence is made under

A

233 (3)

42
Q

Reasons for denying application for issuing process as by defence can be

A

Vexatious, defeat ends of justice
Delay justice

43
Q

Exceptions to grant issue of process is mentioned in

A

233 (3)

44
Q

228
231
233

A

Framing of charge
(1)- (a): Not exclusively triable- frame and transfer order- warrant case
(1)- (b) charge framed
(2) read out and explained
aske if he pleads guilty
231- Evidence for prosecution
(1) take all such evidence in support of pro
(2) may permit to cross\ defer\ recall
233 Evidence for defence
1- enter upon his defence
2- written statements filled
3- issue of any process and ground to deny it

45
Q

application to issue by prosecution and by defence is referred in evidence for Prosecution and evidence for defence resp

A

False
Prosecution application mentioned in 230- while fixing date for prosecution evidence
Defence application is mentioned in 233 (30 Evidence of Defence

46
Q

What follows after Evidence for defence acc to sessions trial

A

argument 234

47
Q

During argument in S…. magistrate sums up and defence answers to questions if raised
defence can only answer to question and can’t raise any point of law

A

false
234
prosecution sums up- defence answers
Defence can raise any point of law which prosecution should make his submission WITH judge’s permission

48
Q

Judgment is made right after Evidence by Defence

A

false
after argumenrtj

49
Q

Judgement

A

235 after argument

50
Q

Acc to 235 (2) mag passes sentence if he doesn,t proceed according to

A

360
and not 325 and 360

51
Q

There is a session relating to previous conviction in sessions trial

A

Yes
236Pr

52
Q

Previous conviction under 236 are applicable according to ….

A

211 (7)

53
Q

The judge can hear evidence on a previous conviction only after he is convicted acc to 235 only and not if according to 229- conviction on plea of guilty

A

false
He can if proved guilty either by 229/ 235

54
Q

Before proving the accused guilty, and there is a previous conviction
judge cant Hear the evidence but can mention/ bring up/ ask about that

A

false
he can neither ask/ mention/ hear/ take evidence until he is convicted in present case

55
Q

Procedure for cases instituted under 199 (20 is mentioned in warrant trail

A

False
Sessions trial

56
Q

procedure for cases instituted acc to 199-2

A

237

57
Q

Which court tries cases acc to 199-2

A

sessions court

58
Q

procedure to be followed while trying cases acc to 199-2 should be as of

A

warrant case instituted other than a police report

59
Q

Compensation for acquitted accused is dealt under

A

show cause

238- 3, 4
4 order to pay compensation

60
Q

Compensation acc to 238 of sessions trial should be equal to the Fine as of the accused offence

A

False
max of 1000 rs only

61
Q

compensation amount in swe4ssions case is in 238 …

A

4

62
Q

person if ordered to pay compensation can go for appeal to…

A

HC
238-7
can be delayed till lapse of period to apply for appeal / until decision on appeal is made

63
Q

Acc to 237 who all are exempted from compensation

A

vp
President
Governor of state
Administrator of ut

64
Q

Offences under 199 (2) for groundless accusation compensation equal to fine for offence should be paid to accused by complainant?

A

False
Not more than 1000

65
Q

Sec mentioning compensation are

A

237- sessions case-199- 2
250- summons and warrant case

66
Q

In 236 a limit of compensation is mention inorder to beable to appeal

A

False
Max fine is mentioned less than 1000

67
Q

Acc to 250 max compensationpayable is mentioned

A

No
Compensation should not be more than fine for offence
But could go for appeal only if compensation payable is more than 100

68
Q

Simple imprisonment for … Days applicable as in sec …. Of …cases

A

Not more tha 30 days
Warrant case
250- 3

69
Q

Sec 68& 69 IPC applicable if

A

Complainant refused to pay compensation as mentioned in 250-3 of warrant case

CrPC (4 decks)

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