Rajasthan Judicial Service Previous year Main exam Question Papers Solved!
PART – A
Q.1. Can the amount of fine be levied even if the convict has served full term of imprisonment in default of its payment? State provisions of law.
Ans. If the Court issues a warrant, special reasons will be recorded in it; or order has been made for payment of expenses/compensation under Section 357. [Section 421(1)(b), Proviso, Criminal Procedure Code, 1973]
Q.2. Define “Dishonestly”.
Ans. Whoever does anything with intention of causing wrongful gain or wrongful loss to any person, is said to do that thing “dishonestly”. [Section 24, Indian Penal Code, 1860]
Q.3. What is the principle of “res gestae”?
Ans. Group of facts forming part of the same transaction is called res gestae. [Section 6, Indian Evidence Act, 1872]
Q.4. What is the presumption as to absence of consent in certain prosecutions for rape?
Ans. Where sexual intercourse by the accused is proved and the victim woman states that she did not consent, the Court shall presume that she did not consent. [Section 114-A, Indian Evidence Act, 1872]
Q.5. Who does establish the Courts of the Judicial Magistrate of the first class? Who does appoint Judicial Magistrates in these Courts?
Ans. The State Government, after consultation with the High Court establishes Courts of the Judicial Magistrate. High Court appoints Judicial Magistrates in these Courts. [Section 11, Criminal Procedure Code, 1973]
Q.6. What is a “warrant case”?
Ans. “Warrant case” means a case regarding an offence punishable with death, life- imprisonment or imprisonment exceeding two years. [Section 2(x), Criminal Procedure Code, 1973]
Q.7. In a summary trial the accused does not plead guilty. What is required to be stated in the judgment by the Magistrate?
Ans. In a summary trial the accused does not plead guilty, the Magistrate shall write substance of evidence and brief reasoned judgment. [Section 264, Criminal Procedure Code, 1973]
Q.8. Define “illegal” as it is defined in the Indian Penal Code, 1860?
Ans. Everything which is an offence, or which is prohibited by law, or which furnishes ground for a civil action. [Section 43, Indian Penal Code, 1860]
Q.9. ‘A’ causes miscarriage to prevent a female child being born alive. What is the punishment for it under the Indian Penal Code?
Ans. Imprisonment upto three years or with fine or with both; and if the woman be quick with child, imprisonment upto seven year and fine. [Section 312, Indian Penal Code, 1860]
Q.10. What are the provisions relating to the relevancy of character of the accused in a criminal case?
Ans. The fact that the accused is of a good character is relevant. The fact that the accused is of a bad character is irrelevant, unless evidence is that he has a good character. [Sections 53 and 54, Indian Evidence Act, 1872]
Q.11. What shall be the effect of improper admission or rejection of evidence on the trial?
Ans. Improper admission or rejection of evidence shall not be a ground for new trial or reversal of any decision, unless there is failure of justice. [Section 167, Indian Evidence Act, 1872]
Q.12. Who can transfer a criminal case from a Criminal Court subordinate to one High Court to a Criminal Court subordinate to another High Court? Who must apply for such transfer?
Ans. The Supreme Court may transfer a criminal case from a Criminal Court subordinate to one High Court to a Criminal Court subordinate to another High Court on the application of Attorney-General of India or interested party. [Section 406, Criminal Procedure Code, 1973]
Q.13. An accused of murder is in custody. Police could not forward challan against him within 90 days of his committal to custody. On the 91st day the accused applied for bail before the lunch hours of the Court. On the same day, after the lunch, police submitted the report (challan) against him. Can the application for bail be rejected?
Ans. Because of the expiry of ninety days, the accused will be released on bail. [Section 167, Criminal Procedure Code, 1973]
Q.14. An accused is, by reason of his previous conviction, liable to enhanced punishment. Can his offence be compounded?
Ans. No offence shall be compounded if the accused is a previous convict, liable to enhanced punishment. [Section 320(7), Criminal Procedure Code, 1973]
Q.15. A witness is asked whether he was dismissed from Govt. service for taking bribe. He denies it. Can an evidence be offered to prove that he was dismissed for taking bribe?
Ans. No evidence shall be given to contradict the witness, but, if he answers falsely, he may afterwards be charged with giving false evidence. [Sections 153 and 155, Indian Evidence Act, 1872]
Q.16. ‘A’, a woman, throws her newly-born female child into a drain. A passerby saves the child. What offence ‘A’ has committed under the Indian Penal Code?
Ans. Under these circumstances, ‘A’ has committed attempt to murder of her newly- born child. [Section 307 and its illustration (b), read with Section 317, Indian Penal Code, 1860]
Q.17. What are the specific provisions relating to “bail” and “probation” in the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Ans. Anything relating to anticipatory bail will not be applicable on the accused. Any offender, who is above eighteen years, will not be given the benefit of probation. [Sections 18 and 19, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989]
Q.18. At what stage of the trial can an order to release on probation be passed?
Ans. When the accused is convicted for a certain offence. [Section 360, Criminal Procedure Code, 1973; and Probation of Offenders Act, 1958]
Q.19. ‘A’ knowing the commission of murder within the limits of his estate, wilfully misinforms the Magistrate that the death has occurred by accident by falling a tree on him. What offence has ‘A’ committed?
Ans. Knowingly furnishing false information to a public servant. [Section 177, Indian Penal Code, 1860]
Q.20. It is proved that the accused has absconded and is not likely to be arrested immediately. Can be Court examine the witnesses against him produced by the prosecution?
Ans. Yes. [Section 299, Criminal Procedure Code, 1973]
PART – B
Q.21. What is the offence of bigamy? When does the Court take cognizance of this offence?
Ans. Whoever, having a husband or wife living, marries in which case such marriage is void by reason of its taking place during the life of such husband or wife, is called “bigamy”. [Section 494, Indian Penal Code, 1860]
The Court takes cognizance of this offence when a complaint is made by the person aggrieved by the offence.
When such person is minor, idiot or lunatic, sick or infirm or a pardanashin female, then, with leave of the Court, any other person may make the complaint. [Section 198, Criminal Procedure Code, 1973]
Q.22. Define the offence of “cheating”.
Ans. Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”. [Section 415, Indian Penal Code, 1860]
Q.23. Define the offence of “criminal trespass”.
Ans. Whoever, enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or, having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass.” [Section 441, Indian Penal Code, 1860]
Q.24. When can the acts, statements and writings of a conspirator be used against the other conspirators?
Ans. Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. [Section 10, Indian Evidence Act, 1872]
Q.25. Define “dying declaration”. In what cases it is relevant under the Indian Evidence Act, 1872?
Ans. ‘Dying declaration’ means a statement which has been made by a person as to the cause of his death or circumstances of the transactions, which resulted in his death.
Dying-declaration is relevant when the cause of death comes into question in the Court; the maker of the dying-declaration had died; and it relates to the causes and circumstances of his death.
Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. [Section 32, Indian Evidence Act, 1872]
Q.26. When can a Magistrate take cognizance of any offence? Can a Sessions Judge take cognizance of any offence as a Court of original jurisdiction?
Ans. A Magistrate may take cognizance of any offence:—
(a) upon receiving a complaint of facts which constitute such offence;
(b) upon a police report of such facts;
(c) upon information received from any person other than a police officer, or
(d) upon his (Magistrate’s) own knowledge, that such offence has been committed. [Section 190, Criminal Procedure Code, 1973]
Except as expressly provided in the legal provisions, a Court of Session shall not take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under Criminal Procedure Code, 1973. [Section 193, Criminal Procedure Code, 1973]
Q.27. When can a search warrant be issued?
Ans. Competent Court may issue a search warrant:—
(i) When the Court has reason to believe that a person who has been summoned or ordered and addressed will not produce the document or thing as required by such summons or requisition;
(ii) When it is not known to the Court as to in whose possession certain thing or document is;
(iii) When the Court considers that for fulfilling the purpose of any trial, enquiry or any other proceeding, a search or inspection is necessary;
(iv) When the Court has suspicion that in/on a certain place there might be certain stolen property, forged documents or objectionable articles;
(v) When the Court considers it necessary to search any person wrongfully confined and/or abducted females. [Sections 93, 94, 95, 97 and 98, Criminal Procedure Code, 1973]
Q.28. What is the limitation period for taking cognizance of offences?
Ans. The period of limitation shall be:—
(a) six months, if the offence is punishable with fine only;
(b) one year, if the offence punishable with imprisonment for a term not exceeding one year;
(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
The period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe or the most severe punishment. [Section 468(2), Criminal Procedure Code, 1973]
Q.29. When can an order for paying maintenance passed under Section 125 of the Code of Criminal Procedure be altered?
Ans. On proof of change in the circumstances of a wife, husband, children or parents, the Magistrate may make alteration in the order for paying maintenance allowance under Section 125, CrPC.
Examples.—Income of the wife has increased, after seeking divorce she has remarried with another person, before or after the order, she had received the amount of maintenance in a lump sum, or due to any judgment of a Civil Court circumstances have changed; or she has voluntarily surrendered her rights, etc. [Section 127, Criminal Procedure Code, 1973]
Q.30. Enumerate those circumstances which are to be considered while passing an order in relation to a juvenile.
Ans. While passing an order regarding a juvenile, following circumstances should be considered:—
(1) Facts and circumstances of the case;
(2) Nature of the offence;
(3) Character and antecedents of the juvenile;
(4) Whether the juvenile is a first offender or habitual offender;
(5) Age of the juvenile;
(6) There will be no joint trial of a juvenile and the person who is not a juvenile;
(7) A juvenile will not be punished with death-sentence and life-imprisonment; and in cases of default of payment of fine and default to produce the surety, he will not be sent to jail;
(8) Juvenile will be released on bail with or without surety;
(9) When an arrested juvenile is produced in the Court, then his parents, guardian, or the Probation Officer will be informed;
(10) A juvenile may be released after admonition or on probation; and
(11) During enquiry, the age of the juvenile will be determined.
[Juvenile Justice (Care and Protection of Children) Act, 2000 read with Section 360, Criminal Procedure Code, 1973 and Probation of Offenders Act, 1958]
PART – C:
Q.31. What are the limits of the “right of private defence”? When does it extend to voluntarily causing death?
Ans. The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.
In the following circumstance, there is no right of private defence:—
(1) There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law.
(2) There is no right of private defence against an act which does not, reasonably cause the apprehension of death, or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law.
(3) There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities. [Section 99, Indian Penal Code, 1860]
In the following circumstances, the right of private defence of the body extends to voluntarily causing death:—
(i) Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;
(ii) Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;
(iii) An assault with the intention of committing rape;
(iv) An assault with the intention of gratifying unnatural lust;
(v) An assault with the intention of kidnapping or abducting;
(vi) An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release. [Section 100, Indian Penal Code, 1860]
In the following circumstances, the right of private defence of the property extends to voluntarily causing death:—
(ii) House-breaking by night;
(iii) Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property;
(iv) Theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised. [Section 103, Indian Penal Code, 1860]
Q.32. Define “confession” as defined by the Privy Council in the case of Pakala Narayan Swami (AIR 1939 P.C. 47). Enumerate those circumstances under which confession is not relevant under the Indian Evidence Act, 1872. Give two such cases where confession is relevant but not admissible.
Ans. In the case of Pakala Narayan Swami (AIR 1939 P.C. 47), it has been observed that such a statement, in which the person does not confess his guilt, will not come within the ambit of a confession. In the confession, the guilt should be confessed in the terms of its offence or that statement should contain all the basic and main facts, which constitute the offence.
A confession made by the accused before a police officer or in police custody will not be proved against the accused.
The evidence given or a confession made by the accused relating to the facts of the case before a Police Officer or in police custody, is relevant, but it is not admissible in evidence.
Although a confession caused by inducement, threat or promise, is relevant, yet, it is not ordinarily admissible in evidence. [Sections 24, 25, 26 and 27, Indian Evidence Acts, 1872]
Q.33. Of what type and what degrees the mens rea is required to be proved in the case of murder?
Ans. In the case of murder, for mens rea, the prosecution is required to prove that:—
(1) Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or
(2) If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or
(3) If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or
(4) If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. [Section 300, Indian Penal Code, 1860]
Q.34. Give procedure to be adopted by the Magistrate in the trial of a warrant case instituted on a police report.
Ans. When in a warrant case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that the copies of the police report and all the concerned documents have been furnished to the accused, free of cost. [Sections 207 & 238]
Discharge.—If upon considering the police report and the documents sent with it and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing. [Section 239]
Charge.—If the competent Magistrate is of the opinion that there is ground for presuming that the accused has committed an offence, the Magistrate shall frame the written charge against the accused. The charge shall then be read and explained to him and he shall be asked whether he pleads guilty or claims trial. [Section 240]
Conviction on plea of guilty.—If the accused pleads guilty, the Magistrate shall record the plea and on that basis, he may, on his discretion, convict the accused. [Section 241]
Evidence for prosecution.—If the accused does not plead guilty or claims to be tried, the Magistrate shall fix a date for examination of witnesses. On that date, the Magistrate shall proceed to take all such evidence produced by the prosecution. [Section 242]
Statement of accused.—The statement of the accused under Section 313 will be recorded, which will ordinarily be in the form of a questionnaire.
Defence Evidence.—If the accused puts in any written statement, the Magistrate shall keep it on record. On the application of the accused, the defence witnesses and documents will be summoned and evidence of the defence witnesses will be recorded. [Section 243]
Final arguments and judgment.—Then, both the parties will be given opportunity to advance final arguments. Thereafter, the Magistrate will record the judgment of acquittal or conviction etc. On convicting the accused, after hearing him on the question of sentence, the Magistrate will record the sentence.
Keeping in view the facts and circumstances of the case, the Magistrate, may, in his discretion, give benefit of probation to the accused; or if he thinks that the accused ought to receive a sufficiently severe punishment than his powers, the Magistrate may record his opinion and will submit the proceedings and the accused to the competent Chief Judicial Magistrate for further action. [Sections 248, 325 & 360]
Ques. 35. Draft an order of attachment of property of a person who has committed the offence of extortion and is concealing himself to avoid his arrest. It must be in the prescribed form.
Order of Attachment to compel the Appearance of a person accused
(See Section 83, CrPC)
The Officer-in-Charge/Station House Officer,
WHEREAS complaint has been made before me that ‘A’ S/o. ‘B’, Caste ‘C’ r/o……………. (name, description and address) has committed (or is suspected to have committed) the offence of extortion punishable under Section 384 of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said ‘A’ (name) cannot be found; and whereas it has been shown to my satisfaction that the said ‘A’ (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said ‘A’ to appear to answer the said charge within 15 days; and whereas the said ‘A’ is possessed of the following property, other than land paying revenue to Government, in……………. (village /town), of residential house (with description and neighbourhood) in the District of…………… viz…………. and an order has been made for the attachment thereof.
You are hereby required to attach the said property in the manner specified in Clause (a), or Clause (c) or both; of Sub-section (2) of Section 83, and to hold the same under attachment pending further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution.
Dated, this 30th day of April, 2014.
(Seal of the Court) (Signature)
Judicial Magistrate of the First Class …….
Q.36. What are the contents of charge? What particulars as to time, place and person should be given in the charge? Can the Court alter a charge once framed?
Ans. A charge should contain the following particulars:—
(1) Particulars of the offence with which the accused is charged.
(2) Description of the commission of the offence should be mentioned by the specified name given to it by the law.
(3) When such specific name has not been given by the law, then the offence should be described and defined in such a way that the accused can be made known as to for which offence he has been charged.
(4) The law and section against which the offence is said to have been committed shall be mentioned in the charge.
(5) By the act or omission of the accused, every condition required by the law for constituting the offence, for framing the charge, is fulfilled.
(6) The charge shall be written in the language of the Court.
(7) In the charge, the date, time and place of the offence should be mentioned.
(8) In an offence relating to certain property, full description of the property should be described in the charge.
(9) The method of committing the offence should be described date, time and place- wise in the charge.
(10) In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.
(11) Name of the Court, name of the Presiding Officer, case number, name of the accused together with his or her father/husband’s name, caste, profession, residence and age, etc. should be mentioned first of all in the charge.
(12) The charge will be read over and explained to the accused and the plea of the accused will be recorded by the Presiding Officer of the Court. Then the accused will sign or affix his thumb-impression on the charge.
(13) Below the page of the charge, signature of the presiding officer of the Court will be made and seal of the Court will be affixed.
Before the judgment, the court may alter the charge previously framed by it, when there occurred a material error in the charge.
Any error of the charge shall be regarded as material only when the accused was in fact misled by it and it has occasioned a failure of justice. [Sections 211 to 215, Criminal Procedure Code, 1973]
Q.37. Draft a complaint under Section 138 of the Negotiable Instrument Act, 1881 against a person who drew a cheque in favour of the complainant which has been dishounoured by the Punjab National Bank at Allahabad.
In the Court of the Judicial Magistrate, First Class, Allahabad.
Criminal Original Case (Complaint) No………….. of 20………….
Shri………… S/o Shri…………. by caste…………., resident of………. Complainant.
Shri………… S/o Shri…………. resident of……………. Accused.
Complaint for the offence under Section 138, Negotiable Instruments Act, 1881.
The complainant prays as under:—
That the drawer-accused had taken a loan of Rs………….. from the complainant on the basis of an agreement and a receipt dated…………., repayable on or before…………….. with interest @ 12% per annum.
That in consideration of the above loan, the accused-drawer issued cheque No. ………, dated…………….. drawn on the Punjab National Bank, Allahabad in favour of the drawee-complainant for a sum of Rs………… (in words rupees………………. only) (amount of principle together with interest upto aforesaid stipulated date).
That the cheque was presented by the complainant for payment to the above- mentioned Bank on ……………. within its valid time.
That the aforesaid cheque was dishonoured and returned unpaid by the said Bank to the complainant on………………., with the endorsement that in the bank-account of the drawer there was insufficiency of funds.
That after the dishonour of the cheque, the complainant, vide his written registered notice, dated……….. (next day of the date of bouncing of the cheque), made demand from the drawer-accused to make payment of the amount of the abovementioned cheque.
That the notice was served on the accused on…………. through postal registered A/D.
That the accused had failed to pay the amount of loan together with interest to the complainant within 15 days after the date of receipt of the notice by the accused- drawer.
That the accused-drawer had issued the above-mentioned cheque to the complainant-drawee to deliberately defraud the complainant knowing well that due to insufficiency of funds in the account of the accused, the cheque was bound to be bounced by the Bank.
The complainant, therefore, prays that the accused be prosecuted and adequately punished under Section 138 of the Negotiable Instruments Act, 1881.
Place…………. Sd/- ……………