Probate In India: Definition, Importance & Application

  Probate In India: Definition, Importance & Application                        @1                        A will  is a document that is drawn by a person with clear instructions as to how his/her assets are to be distributed on their death. In certain situations — and only in certain jurisdictions, such as Mumbai, Kolkota and Chennai — the executor of the will may need to apply for a probate in order to legalise it. This article will discuss, in detail, what a probate is, when one is needed in India, what the court fees are, and how it can be obtained. @2 What is a Probate? The Indian Succession Act, 1925 decrees that a probate is official proof of a will. A probate is issued to the executor, or the person who is authorized to implement or execute the will and thereby adds a legal character to the will. A probate, as defined in the India Sucessession Act, 1925, is ‘A copy of will certified under the seal of a court of competent jurisdiction with grant of administration of the

 MCQs on criminal procedure Code (With Answers)

1)If a judge dies after writing his judgement but before delivering it-

A. The judgement will be final as long as the judge has signed it

B. The judgement will be final if his successor comes and delivers it

C. The judgement will be considered merely as an opinion

D. The judgement will be final in criminal proceedings

Ans. C

2).The maximum possible compensation awardable under section 357 of the Code of Criminal Procedure, 1973-

A. Depends on the Court in which the case is being tried

B. Cannot exceed the maximum fine possible fine for the offence

C. Cannot exceed Rs 1,00,00,000

D.( Depends on the discretion of the judge)

Ans. D

3) .______________ of the Code of Criminal Procedure, 1973 states that compensation payable to the victim under section 357-A will be in addition to the compensa­tion payable under section 326-A or 376-D of the IPC.

A. Section 357

B. Section 357-A

C. Section 357-B

D. Section 357-C

Ans. C

4). Which of the following sections of the Code of Criminal Procedure, 1973 deals with provisions regarding treat­ment of victims of sexual crimes?

A. Section 357

B. Section 357-A

C. Section 357-B

D. Section 357-C

Ans. D

5). An appeal against the judgement of acquittal under section 378 of the Code of Criminal Procedure, 1973-

A. Is not possible

B. Possible as long as made by the accused

(C. Can only be filed by the public prosecutor)

D. Can only be made to the Supreme Court

Ans. C

6). Section 401 of the Code of Criminal Procedure, 1973-

I. Allows the Court to convert finding of acquittal into conviction

II. Allows the Court to pardon the convict

III. Does not allow the Court to act suo motu

IV. Is only applicable to High Court

A. I and II

B. II and IV

C. II, III and IV

D. I, II and III

Ans. B

7). Under section 401 of the Code of Criminal Procedure, 1973-

A. The Court cannot set aside order of discharge

B. The Court can interfere even after the expiry of the sentence

C. The Court cannot interfere if the accused is dead

D. The Court can review its judgement pronounced on revision in a criminal case

Ans. B





8). In which of the following cases did the Supreme Court lay down the guidelines for premature release of life convict?

A. Lanman Naskar v. Union of India

B. Boucher Pierre Andre v. Superintendent, Central Jail

C. Kasmer Singh v. Union of India

D. Raghbir Singh v State of Haryana

Ans. A

9.) _________ of the Code of Criminal Procedure, 1973 deals with the power of the Magistrate to arrest?

A. Section 40

B. Section 44

C. Section 48

D. Section 52

Ans. B

10). _________ of the Code of Criminal Procedure, 1973 allows a person making arrest to seize offensive weapons.

A. Section 41

B. Section 49

C. Section 52

D. Section 55

Ans. C

11). Akanksha is accused of disobeying a direction of the law with an intent to save Sonam from punishment. As per Section 213 Cr. P.C.

A. the charge must set out the disobedience charged

B. the charge must set out the law infringed

C. both (A) and (B)

D. none of them

Ans. C

23. Under Section 320(1) Cr. P.C. for fraudulent removal or concealment of property, etc., to prevent distribution among creditors, which section of IPC is applicable?

A. 420

B. 421

C. 424

D. 425

Ans. B

24. Which of the following deals with the order to pay com­pensation, when a Court imposes a sentence of fine or a sentence including death sentence?

A. Section 286 Cr. P.C.

B. Section 357 Cr. P.C.

C. Section 359 Cr. P.C.

D. Section 365 Cr. P.C.

Ans. B

25. Under Section 320(1) Cr. P.C. for fraudulent execution of deed of transfer containing false statement of consid­eration, which section of IPC is applicable?

A. 414

B. 415

C. 420

D. 423

Ans. D

28. Which of the following deals with cases in which bail is to be taken?

A. Section 286 Cr. P.C.

B. Section 287 Cr. PC.

C. Section 436 Cr. P.C.

D. Section 289 Cr. P.C.

Ans. C

33. The recording of reasons in writing is a condition under Section 87 Cr. P.C. is:

A. subsequent to the exercise of the power and is not curable under Section 464 Cr. P.C.

B. precedent to the exercise of the power and is curable under Section 464 Cr. P.C.

C. precedent to the exercise of the power and is not curable under Section 464 Cr. P.C.

D. precedent to the exercise of the power and is curable under Section 454 Cr. P.C.

Ans: C

35. Armaan is charged with cheating Benny, and the manner in which he cheated Benny is not set out in the charge, or is set out incorrectly. Armaan defends himself, calls witnesses and gives his own account of the transaction. What will the Court infer from this while applying Section 215 Cr. PC.?

A. the Court may infer from this that the omission to set out the manner of the cheating is valid

B. the Court may infer from this that the omission to set out the manner of the cheating is a cognisable offence

C. the Court may infer from this that the omission to set out the manner of the cheating is not material

D. none of them

Ans: C

37. Under Section 320(1) Cr. P.C. for mischief, when the only loss or damage caused is loss or damage to a private person, which section of IPC is applicable?

A. 425, 424

B. 426,427

C. 423, 425

D. 426,428

Ans: B

38. When any person who is bound by any bond taken under this Code to appear before a Court, does not appear,

A. the officer presiding in such Court may issue a warrant directing that such a person be arrested and produced before him

B. the officer presiding in such Court may cancel the warrant directing that such a person be simply appre­hended by the police

C. the officer presiding in such Court may issue a proc­lamation directing that such a person be is absconding and be produced before him

D. none of them

Ans: A

39. Order to pay costs in non-cognizable cases is covered under:

A. Section 359 Cr. P.C.

B. Section 287 Cr. P.C.

C. Section 388 Cr. P.C.

D. Section 489 Cr. P.C.

Ans: A


41. Appearance by public prosecutors comes under:

A. Section 301 Cr. P.C.

B. Section 387 Cr. P.C.

C. Section 280 Cr. P.C.

D. Section 289 Cr. P.C.

Ans: A

42. Under Section 320 (1) Cr. P.C. for mischief by killing or maiming cattle etc. which section of IPC is applicable?

1. 428

2. 422

3. 429

4. 426

Ans: C

43. All but one is false of Section 91 Cr. P.C.?

1. this section is not deemed to affect Sections 123 and 124 of the Indian Evidence Act, 1872 (1 Of 1872)

2. this section is not deemed to apply to a letter, post card, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority

3. this section is not deemed to affect Sections 123 and 124 of the Bankers’ Book Evidence Act, 1891 (13 of 1891)

4. none of them

Ans: D

44. The provision for special reasons to be recorded in certain cases is covered under:

A. Section 286 Cr. P.C.

B. Section 387 Cr. P.C.

C. Section 361 Cr. P.C.

D. Section 389 Cr. P.C.

Ans: C

45. “A” is accused of a theft on one occasion and of causing grievous hurt on another occasion. Applying Section 218 Cr. PC.:

A. “A” must be charged and tried for the theft and causing grievous hurt

B. “A” must be separately charged and separately tried for the theft and causing grievous hurt

C. “A” can be charged and tried only for the theft

D. none of them

Ans: B

46. Section 41 Cr. P.C. is not controlled by Section 55 Cr. P.C. as:

A. the arrest is made with a warrant

B. the arrest is without a warrant

C. the arrest affects the investigation

D. all of them

Ans: B

47. Which of the following deals with the Copy of judgment to be given to the accused and other persons?

A. Section 363 Cr. P.C.

B. Section 387 Cr. P.C.

C. Section 488 Cr. P.C.

D. Section 289 Cr. P.C.

Ans: A

48. A commits house-breaking by day with intent to commit adultery, and commits, in the house so entered, adultery with B’s wife. Applying Section 220 Cr. P.C.:

A. A may be separately charged with, and convicted of offences u/ss. 451 and 494 of the Indian Penal Code (45 of 1860)

B. A may be separately charged with, and convicted of offences u/ss. 452 and 495 of the Indian Penal Code (45 of 1860)

C. A may be separately charged with, and convicted of offences u/ss. 453 and 496 of the Indian Penal Code (45 of 1860)

D. A may be separately charged with, and convicted of offences u/ss. 454 and 497 of the Indian Penal Code (45 of 1860)

Ans: D

49. Power to summon material witness, or examine person present is provisioned under:

A. Section 265 Cr. P.C.

B. Section 387 Cr. P.C.

C. Section 311 Cr. P.C.

D. Section 289 Cr. P.C.

Ans: C

51. In which of the following case, a search warrant can be issued?

A. where the Court has the reason to believe that the person summoned to produce a document or thing will not produce it

B. where the document or thing is not known to be in the possession of any person

C. where a general inspection or search is necessary

D. all of them

Ans: D

52. Which of the following deals with the Court of Session to send copy of finding and sentence to District Magistrate?

A. Section 350 Cr. P.C.

B. Section 287 Cr. P.C.

C. Section 365 Cr. P.C.

D. Section 289 Cr. P.C.

Ans: C

54. Procedure in case of insolvency or death of surety or when a bond is forfeited is covered in:

A. Section 286 Cr. P.C.

B. Section 346 Cr. P.C.

C. Section 388 Cr. P.C.

D. Section 447 Cr. P.C.

Ans: D

55. Under Section 320(1) Cr. P.C. for using a false trade or property mark, which section of IPC is applicable?

A.483

B. 455

C. 488

D.482

Ans: D

57. Which of the following deals with the procedure of presenting the petition of appeal when appellant is in jail?

A. Section 380 Cr. PC.

B. Section 287 Cr. P.C.

C. Section 383 Cr. P.C.

D. Section 289 Cr. P.C.

Ans: C

59. Service of summons on witness by post is covered under:

A. Section 49 Cr. P.C.

B. Section 59 Cr. P.C.

C. Section 69 Cr. P.C.

D. Section 79 Cr. P.C.

Ans: C

60. Under Section 320(1) Cr. P.C. theft, by clerk or servant of property in possession of master for which section of IPC is applicable?

A.386

B.384

C. 380

D. 381

Ans: D

62. The powers of Magistrate to order person to give specimen signatures or handwriting has been inserted by Criminal Procedure (Amendment) Act, 2005 (25 of 2005) under:

(a) section 310A

(b) section 311A

(c) section 312A

(d) section 313A.

Ans. (b)

64. Every State Government in co-ordination with the Central Government shall formulate Victim Compensation Scheme (VCS) for providing fund for compensation to victims falls under section 357A of Cr.P.C. with effect from 31-12- 2009. This section was inserted by:

(a) Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009)

(b) Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005)

(c) Criminal Procedure Law (Amendment) Act, 2005 (2 of 2006)

(d) Code of Criminal Procedure (Amendment) Act, 2001 (50 of 2001).

Ans. (a)

65. What is true about Criminal Procedure Code in respect of the offences by criminals other than the offences under Indian Penal Code:

(a) Criminal Procedure Code cannot be followed

(b) Criminal Procedure Code can be followed only against offences under Indian Penal Code

(c) Criminal Procedure Code can be followed as it is uniform procedural law in criminal proceedings

(d) Criminal Laws other than Indian Penal Code have their own procedural application.

Ans. (c)

66. The term “victim” is defined under:

(a) section 2(w)

(b) section 2(wa)

(c) section 2(u)

(d) none of the above.

Ans. (b)

67. As per section 26 any offence under section 276 and section 376A to 376D of IPC shall be tried as far as practicable by a court presided over by:

(a) a woman

(b) Judicial Magistrate of First Class

(c) Chief Judicial Magistrate

(d) a High Court Judge.

Ans. (a)

71. In which of the following cases the Supreme Court held that FIR was not substantive evidence and could only be used to corroborate its maker:

(a) Union of India v. A. Kumar, AIR 2010 SC 2735.

(b) C. Magesh v. State of Karnataka, AIR 2010 SC 2768.

(c) Anil Kumar v. B. S. Neelakanta, AIR 2010 SC 2715.

(d) Vijeta Gazra v. State, AIR 2010 SC 2712.

Ans. (b)

72. Read the following:

(1) F.I.R. is only a report about the commission of a crime.

(2) F.I.R. in itself is a substantial evidence.

Of the above:

(a) (1) is true, but (2) is false

(b) (1) is false, but (2) is true

(c) Both (1) and (2) are true

(d) Both (1) and (2) are false.

Ans. (a)

73. ‘A’ is accused of theft on the occasion and of causing grievous hurt on another occasion. A must be:

(a) charged separately for theft and for causing grievous hurt

(b) charged jointly for theft and causing grievous hurt

(c) tried jointly for theft and for causing grievous hurt

(d) charged jointly for theft and for causing grievous hurt but tried separately for those two offences.

Ans. (a)

74. What is the nature of a statement given in NARCO Test:

(a) It is not an evidence

(b) It is a scientific evidence

(c) It is an oral evidence

(d) It is a circumstantial evidence.

Ans. (c)

.

76. Who among the following is not entitled to claim maintenance under Section 125, Cr P. Code:

(a) Divorced wife so long as she does not marry

(b) Unmarried sister

(c) Adoptive mother

(d) Illegitimate minor child.

Ans. (b)

77. Which of the following is correct answer:

(i) Provisions of Cr. P.C. do not apply to the State of Jammu and Kashmir.

(ii) All provisions of Cr. P.C. do not apply to the State of Nagaland.

Choose the correct answer:

(a) Only (i) is correct.

(b) Only (ii) is correct.

(c) Both (i) and (ii) are incorrect.

(d) Both (i) and (ii) are correct.

Ans. (d)

80. A High Court under its inherent powers conferred under Section 482 of Cr. P.C. passes the following orders:

(i) It quashes the F.I.R.

(ii) It quashes proceeding of case pending before a criminal court

(iii) It expunges the derogatory remarks against a member of subordinate court

Having in view the validity of above order choose the correct answer given below:

(a) Only (i) as valid

(b) (i) and (ii) are both valid

(c) (i), (ii) and (iii) all are valid

(d) (i) and (iii) are valid.

Ans. (c)

83. In which of the following cases it was held that a person has a right to protection under Section 161(2) of Cr, P.C. against questions, the answers of which would have a tendency to a criminal charge:

(a) Nandini Satpathy v. PL Dani

(b) Gian Singh v. State

(c) Rupan Deol Bajaj v. K.P.S. Gill

(d) R.K. Dalmia v. Delhi Administration.

Ans. (a)

84. Which of the following statements is/are true:

(a) Inquiry means every inquiry including a trial conducted under the Code of Criminal Procedure by a Magistrate or court

(b) Inquiry means every inquiry other than a trial conducted under the Code of Criminal Procedure by a Magistrate or court

(c) Investigation includes all the proceedings under the Code of Criminal Procedure for the collection of evidence conducted by a Magistrate

(d) All these.

Ans. (b)

85. ‘A’ faced trial for cheating ‘Z’ by dishonestly inducing him to lend money by knowingly pledging fake diamonds. ‘Z’ died during trial and was survived by a son ‘X’. ‘X’ moved an application in the Trial Court to compound the offence. Which of the following is the correct legal preposition:

(a) ‘X’ is not competent to compound the offence

(b) On the death of complainant ‘Z’, the trial proceedings shall abate

(c) Court cannot entertain such an application after death of the complainant

(d) ‘X’ can compound the offence with the consent of the Court.

Ans. (d)

86. Indicate the correct statement regarding the rights of an arrestee.

A person arrested without warrant has the right to:

(i) be informed of the particulars of the offence for which he is arrested

(ii) have a relative or friend named by him to be informed about his arrest

(iii) have an advocate of his choice remain present throughout interrogation

(iv) be medically examined by a medical officer

Which of the statements given above are correct:

(a) (i), (ii) and (iii)

(b) (ii), (iii) and (iv)

(c) (i), (ii) and (iv)

(d) (i), (ii), (iii) and (iv).

Ans. (d)

88. Period of limitation shall commence:

(a) from the date of the offence generally

(b) from the date of knowledge of the commission of the offence if not known earlier

(c) from the date of establishment of the identity of the accused if not known at the time of commission of the offence

(d) all the above.

Ans. (d)

89. Court can condone the delay:

(a) under section 470 of Cr PC

(b) under section 471 of Cr PC

(c) under section 473 of Cr PC

(d) under section 472 of Cr PC.

Ans. (c)

90. In computing the period of limitation the time during which:

(a) the accused avoided arrest by absconding has to be excluded

(b) the accused remained absent from India has to be excluded

(c) both (a) & (b)

(d) only (a) is correct & (b) is incorrect.

Ans. (c)

91. The FIR can be quashed in the exercise of inherent powers by:

(a) the Magistrate’s Court

(b) the Court of Session

(c) the High Court

(d) either (a) or (b) or (c).

Ans. (c)

92. Under the scheme of Cr. P.C. the inherent powers vest in:

(a) the High Court

(b) the Court of Session

(c) the Court of District & Sessions Judge

(d) all of the above.

Ans. (a)

93. The inherent powers of the High Court are contained in:

(a) section 462 of Cr PC

(b) section 472 of Cr PC

(c) section 482 of Cr PC

(d) section 492 of Cr PC

Ans. (c)

94. Once police records information report (FIR), a copy of same should be given to complainant under:

(a) section 153 of Cr PC

(b) section 154 of Cr PC

(c) section 155 of Cr PC

(d) section 156 of Cr PC

Ans. (b)

96. The special court is:

(a) not subordinate to High Court

(b) is subordinate to High Court

(c) superior to High Court

(d) supplement to High Court.

Ans. (a)

97. In which of the following cases the prosecution witness was prosecuted for perjury:

(a) Jessica Lal case (2007)

(b) Nitish Katara case (2007)

(c) Priyadarshni Mattoo case (2006)

(d) None of the above.

Ans. (a)

99. When the approver wilfully suppresses material facts or gives false evidence:

(a) the court itself has inherent power to proceed against Approver

(b) the court does not have inherent power to proceed against Approver

(c) police can take action against him

(d) on the request of police, court take action against Approver.

Ans. (a)

101. If the police do not take action on complaint in respect of cognizable offences, the complainant:

(a) has right under section 190 of Cr PC to complaint before local Magistrate

(b) has no right under section 190 of Cr PC to complaint before local Magistrate

(c) has right under section 290 of the Cr PC to complaint before Magistrate

(d) has right under section 390 of the Cr PC to complaint before Magistrate.

Ans. (a)

102. Whether suspicion is:

(a) a substitute for proof of offence

(b) not a substitute for proof of offence

(c) a relevant factor for proof of offence

(d) not a dependent factor.

Ans. (b)

103. Inherent power of the court to order a joint trial of cases is exercised when it appears to the court:

(a) that some common question of law or fact arises in both proceedings

(b) the right to relief claimed thereof is in respect of the same transaction

(c) the right to relief claimed thereof arises out of the same series of transactions

(d) all the above.

Ans. (d)

105. In 2007 which High Court ordered ‘No arrest of a woman before sunrise and after sunset’:

(a) Delhi High Court

(b) Rajasthan High Court

(c) Allahabad High Court

(d) Bombay High Court.

Ans. (b)

106. Which section of the Cr PC provides that, in no case the aggregate of consecutive sentences passed against an accused shall exceed 14 years:

(a) Section 31 of Cr PC

(b) Section 51 of Cr PC

(c) Section 34 of Cr PC

(d) Section 41 of Cr PC.

Ans. (a)

107. The procedure for trial before a Court of Sessions is provided under sections:

(a) 260 to 265 Cr PC

(b) 238 to 250 Cr PC

(c) 251 to 259 Cr PC

(d) 225 to 237 Cr PC.

Ans. (d)

108. The offence committed under which section of IPC is not compoundable under section 320 of Cr PC:

(a) Section 352

(b) Section 353

(c) Section 354

(d) Section 355

Ans. (b)

109. When there is a dispute between two courts relating to exercise of jurisdiction in a criminal matter and said courts are under subordination of different High Courts, the matter shall be decided under section 186 of Cr PC by the:

(a) Supreme Court

(b) High Court of the larger State

(c) High Court having more judges

(d) High Court within whose local limits of appellate jurisdiction the proceeding first commenced.

Ans. (d)

110. In which case it was held that: Identity of victim is not to be disclosed even in judgment of court:

(a) Shashikant v. CBI, AIR 2007 SC 351

(b) Dinesh v. State of Rajasthan, AIR 2006 SC 1267

(c) Naveen Chandra v. State of Uttaranchal, AIR 2007 SC 363

(d) none of the above.

Ans. (b)

111. Within the meaning of section 311A of Cr PC who among the following authorities has power to order person to give specimen signature or handwriting:

(a) Magistrate of First Class

(b) Magistrate of Second class

(c) Sessions Judge

(d) any Magistrate.

Ans. (a)

112. In-camera trial refers to:

(a) open trial

(b) trial broadcast on television with the help of camera

(c) trial to which public and press are not allowed

(d) summary trial.

Ans. (c)

113. The “Directorate of Prosecution” the provision added in the Cr PC by the Code of Criminal Procedure (Amendment) Act, 2005, shall be established by:

(a) Central Government

(b) Each State Government

(c) CBI

(d) RAW

Ans. (b)

114. Within the meaning of section 144A of Cr PC, who among the following authorities has power to prohibit carrying arms in procession or mass drill or mass training with arms:

(a) SDJM

(b) Munsiff

(c) District Magistrate

(d) Any Judicial Magistrate

Ans. (c)

119. Irregularities which do not vitiate proceedings have been stated in:

(a) section 460 of Cr PC

(b) section 461 of Cr PC

(c) section 462 of Cr PC

(d) section 486 of Cr PC.

Ans. (a)

122. Which of the following statements is true:

(a) a woman can never be arrested after sunset and before sunrise under the provisions of Cr. P.C.

(b) a woman can be arrested after sunset and before sunrise only under exceptional circumstances

(c) a woman can be arrested after sunset and before sunrise only under exceptional circumstances with the prior permission of Judicial Magistrate of first class within whose jurisdiction the offence is committed or the arrest is to be made

(d) none of the above.

Ans. (c)

123. Examination of person accused of rape by medical practitioner as inserted by Criminal Procedure (Amendment) Act, 2005 (25 of 2005) has been provided under:

(a) section 50A

(b) section 53A

(c) section 54A

(d) section 54.

Ans. (b)

124. The section making it mandatory for the police officer making arrest to inform about the arrest and place where the arrested person is being held to a nominated person as inserted by Criminal Procedure (Amendment) Act, 2005 (25 of 2005) is:

(a) section 50A

(b) section 53A

(c) section 54A

(d) section 53B.

Ans. (a)

125. The section dealing with the medical examination of the victim of rape as inserted by Criminal Procedure (Amendment) Act, 2005 (25 of 2005) is:

(a) section 164A

(b) section 166A

(c) section 166B

(d) section 53A.

Ans. (a)

126. In case of special summons in cases of petty offence under section 206, the amount of fine specified is such summons has, in view of Criminal Procedure (Amendment) Act, 2005 (25 of 2005) has been enhanced from Rs.100 to:

(a) Rs.200

(b) Rs.500

(c) Rs.1000

(d) Rs.2000.

Ans. (c)


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