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CrPC > Warrant Case > Flashcards

Warrant Case Flashcards

1
Q

Chap in which warrant case is mentioned

A

Ch 19

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2
Q

… sec defines warrant case

A

2(x)

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3
Q

Punishment of imprisonment of … yrs is given in warrant case

A

more than 2 yrs

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4
Q

Offences acc to 199 (2) of Sessions cases are tried acc to the procedures of Warrant cases instituted other than police report- 238

A

False
237

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5
Q

Warrant cases intituted other than by Police report dealt in

A

244-250

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6
Q

Compliance with Sec 207 is related to which section

A

238/ Warrant cases instituted on Police report
FIR/ Police report copy should be given to accused as well

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7
Q

Who acc to Sec 207 should comply/ make sure that copy of FIR or police report is served to accused

A

Magistrate

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8
Q

S 209 is dealt in which session on what case

A

Sessions case
226 Opening of case in sessions case

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9
Q

Difference in discharging accued in
Cases instituted upon Police report
institurted upon other than Police report

A

Can be discharged aftyer considering Police report and doc send with it
Can discharge after Prosecution hearing and Evidence taking

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10
Q

207 is dealt in S
209 is dealt in

A

FIR copy served 238 (beginning itself)
226 Opening case
(225- who should start prosecution)

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11
Q

Discharge of accused acc to cases upon Police report is dealt in

A

229
after considering
1- Police report and doc
2- Hearing accused
3-Prosecution

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12
Q

sec referring handling of Police report to Mag is …
sec referring handling of FIR/ Police report copy to accused is

A

173
207

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13
Q

s 173 is referred in …
sec 207 is referred in …
Sec 209 is referred in …

A

239- Discharging: after referring Police report, Hearing accused and prosecution
238- Mag shld make sure copy of FIR/ police report is served to Accused
226- Opening of sessions case
2nd and 1st sessions of Sessions and Warrant cases
Sessions case- 2nd
warrant case- 1,2 nd sessions

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14
Q

If after considering Police report/ FIR , hearing prosecution and accused; there is prima facie offence then the accused is asked if he pleads guilty?

A

False
Only after framing charges

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15
Q

Framing of charges in Warrant cases

A

240

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16
Q

Evidence for prosecution as of Sessions case and
Warrant cases instituted upon police report are

A

231
242

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17
Q

Date for Prosecution evidence is dealt in ….
for sessions cases and in ..
for warrant cases upon police report

A

230 - Seperate sec for fiing date and prosecution application to issue process
242- on the ses for Prosecution evidence itsrelf

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18
Q

Magistrate could fix a date for Prosecution evidence under what all situations

A

Doesn’t pleaqd guilty
Mag didn’t convict him under 241-conviction on plea of guilty
Refuses to ple
Claims to be tried

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19
Q

.. sec has been amended to add a provision that; Mag must supply Statement of witness to accused in advance of

A

242 (1)- Prosecution evidence

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20
Q

Amendment related to S 242 (1) is related to …. and came in ..

A

MAg should in advance send a copy of statement of witness to accused
2009

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21
Q

What does S 242 deals with

A

Evidence for prosecution
(1) Fix date for prosecution evidence
Mag should send in advance a copy of witnhess’s statement to the accused - 2009 amendment
(2) Apply to issue process to attend/ produce
(3)Shall take all such evidence in support to prosecution
Cross examine, defer, recall

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22
Q

As per S 232 (3) Mag must permit cross examination/ defer/ recall by prosecution

A

False
His discretion

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23
Q

Section that deals with evidence for defence in
Sessions case
warrant case as upon Police report

A

233
243

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24
Q

In sessions case Prosecution evidence is followed by ACQUITTAL if possible which is then followed by Defence evidence; 231, 232, 233
But in warrant cases upon Police report; Prosecution evidence followed by Defence evidence as 2242, 243

A

True

25
Q

Reference to 313…. is in ….. of … case

A

(1) (b)
evidence for defence 243 -1

26
Q

As per 243 evidence for defence commence only after

A

Prosecution evidence
Submission of Prosecution ARGUMENT
Examination under 313-1-b by court to defence counsel

27
Q

Grounds to refuse Defence application to issue any process in cases instituted upon police report is in 243-3?

A

False 243 -2
no 3

28
Q

As per S 243-3 Defence can cross/ defer/ recall

A

false 243-2

29
Q

S dealing with Evidence for prosecuition on cases upon other than a police report

A

244

30
Q

244 is followed by Evidence for defence (immediately)

A

false
Could be discharged if grounds after considering prosecution evidence

31
Q

If accused is discharged under 245 the reason shopuld be recorded

A

False
No need if groundless - 245-2

32
Q

Accused is asked whether, on commencement of next hearing he would be cross examining any/ who- under

A

246-Framing of charge ( cases not upon police report)
246-4

33
Q

246

A

1-5
1 frame charge
2 read out and explained
3- asked if he pleads guilty
4- of accused be crossing anmy 7 which witness
5- defence could RECALL

34
Q

Provision for recalling any witness by defence is mentioned in … on warrant cases not upon police report

A

246-Framing charge
and not in Evidence for defence

35
Q

247 evidence for defence only after completion of

A

Evidence for Prosecution has completed

36
Q

248 deals with

A

Conclusion- not upon Police report

37
Q

Conclusion of trial in warrant cases; section amnd sub sections

A

1-3
1- Acquittal
2 if not with 325/360- sentence is passed- No mention about max sentence
3- Previous conviction 211-7

38
Q

Sec referring previous conviction is present both in sessions and warrant cases in resp sections .. and ..

A

236
248-3 (conclusion)

39
Q

sessions case Judgment has reference of S 325?

A

false
360 only

40
Q

Conclusion of warrant cases have reference of 360 only

A

false
325/ 360

41
Q

Sections and reference sections
207
209
313-1-b
173
211-7
199-2

A

Warrant case; compliance to supply FIR copy to accused- 238
Sessions case- commitment of offences exclusively triable in session court- 226
warrant cases UPON police report-court could examine defence/ accused-243-1 upon entering on defence
Warrant case- FIR/ police report handed to Mag- 239- Discharge
both sess and warrant- 236, 248-conclusion
Sess- 237

42
Q

In absence of accused and for speedy disposal accused’s attendance is not compulsory in

A

Summons cases

43
Q

if complainant is absent in … cases what is done

A

WARRANT
if abscent+ offence compoundable and non cognisable + is before framing charge——He is DISCHARGED

44
Q

Compoundable, cognisable offences if complainant is absent, accused is discharged

A

False
Non cognisable & compoundable

45
Q

259 deals with Acquittal of accused if complainant is abnsent and offence- compoundable and non cognisable

A

False
Discharged not acquittal
before framing charge

46
Q

Sec dealing with discharging accused in absence of compainant in warrant case

A

249

47
Q

Compensation for accusation without reasonable cause

A

250 1-8

48
Q

250

A

Compensation
1 if seems no ground- Discharged imediately; asked to show cause
2 asked to pay compensation not more than fine
3- if not payed- Simple imprisonm,ent of max 30 days
4 if imprisoned IPC 68, 69 applies
5 Amount any paid be taken into cons during subsequent suits related to thjis subject
6 Compensation if ordered by a 2nd class mag is MORE THAN 100; he could appeal
7 paying compensation could be maid only after lapsing of period for appeal/ after decision on appeal case is out
8 this prov is applicable BOTH on summons and warrant case

49
Q

Accusation if found groundless accused may be aqcitted

A

Immediately DISCAHRGED

50
Q

Immediate discharge of accused under unreasonable accusation in

A

250-1
….

51
Q

Complainant is asked to pay compensation as in 250….

A

2

52
Q

Ground for appeal against compensation is applicable as in …. under what conditions

A

250-6
Compensation amount >100 , given by 2nd class mag

53
Q

What happens if complainant refused to pay compensation

A

250-3
Simple imprisonment ,30 days

54
Q

If simple sentence granted for not paying compensation which all sections also apllied on complainant

A

250-4
68, 69 IPC

55
Q

Compensation for groundless accusation is applicable on sessions cases and warrant cases as in 250-8

A

False
applicable on both SUMMONS & WARRANT cases

56
Q

Max delay period in paying compensation is … and mentioned in

A

1 month or lapsing of appeal period/ decision on appeal out
250-7

57
Q

In warrant cases if accused pleads guilty as of 241 its Mag’s discretion to convict him

A

false
accused must be convicted
different from sessions case- discretion 229

58
Q

In … cases Statement of witness should be given to accused in advance as of S

A

Warrant cases
242- Evidence for prosecution
242-1- 2009 ammendment

59
Q
A

CrPC (4 decks)

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