WRITTEN EXAMINATION FOR RECRUITMENT TO THE POSTS OF CIVIL JUDGES (JR.DIVISION)

CRIMINAL LAW

8^th June 2002

Time: 03 hours                                                         Max. Marks 100

All Questions are compulsory and all questions carry equal marks.

1. A minor issues a Cheque in the discharge of a liability and it was dishonoured, whether he is liable to be prosecuted u/S.138 of the Negotiable Instruments Act.

2. a)Difference between Common object and Common Intention
3. b) Difference between Hurt and Grievous Hurt

3. Whether a person has committed theft of a gold chain which he found on the dead body of a person on the road. Could he be convicted for the offence punishable under Section 379 of IPC. If so, state the reason, If not which is the provision under which he can be hauled up under the IPC?

4. What is Trespass? Distinguish between Trespasser, and Grabber and encroacher.

5. (a) What is the order of Remand?

(b) Can a Magistrate review his order? Explain.

6. Explain different types of evidence viz., oral, documentary and hearsay evidence and circumstantial.

7. How confessional statements are recorded by a Magistrate? What precautions must the magistrate take before the recording of confessional statement?

8. What is the purpose of framing a charge? What are the matters to be borne in mind in the matter? Highlight the provisions concerned in the Cr.P.C.

9. Can a sub-inspector of police who gets information that arrack is being distilled in a house, enter, search and seize the same at night without informing the excise officials and without warrant from a a magistrate? If so, what are the precautions and procedural formalities that are to be followed to by him?

10. Write a short note of the following:
11. a) Hostile witness b) Refreshing memory
12. c) Dying declaration d) Hearsay evidence e) Public documents.

WRITTEN EXAMINATION FOR RECRUITMENT TO THE POSTS OF CIVIL JUDGES (JR.DIVISION)

CRIMINAL LAW

23^rd February, 1997

Time: 03 hours                                                         Max. Marks 100

All Questions are compulsory and all questions carry equal marks.

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1. What is Complaint, before whom a complaint can be made? What is the procedure in case of a complaint made by a public servant or court?

2. How information of commission of the cognizable offence is registered by the police? Is there any remedy to the person aggrieved by the refusal on the part of the police to record the information?

3. How Cognisance of offence any offence is taken by Magistrate? When can Magistrate direct the police to register a case?

4. When a case is said to be committed to the Court of Session? What must the magistrate do while committing the case to the Court of Session?

5. Can a person charged for the offence under section 324 of the IPC be convicted for the offence under section 326 of the IPC? Is the offence under Section 379 IPC Compoundable?

6. Proceedings under Section 125 of the Cr.P.C.1973 are in the nature of the claim of a civil right of a wife, children and parents upon any person having sufficient means to maintain-Comment?

7. Is the offence of criminal breach of trust by public servant or by Banker triable by the court of Magistrate of the First Class? Can the magistrate impose sentence of life imprisonment?

8. How confessional statements are recorded by a Magistrate? What precautions must the magistrate take before the recording of confessional statement?

9. Define Dowry Death when can the court presume that a person has committed the dowry death of a woman?

10. Define ‘abetment’ and ‘criminal conspiracy’ Give in a brief outline of a case in which charge of criminal conspiracy, as well as abetment, is disclosed.

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