Download Goa University BA LLB-5 Years 2016 April 9th Semester Criminal Procedure Code Question Paper

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LHA-1016

LL.B. (Hons.) (Semester – IX) Examination, April 2016

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CRIMINAL PROCEDURE CODE

Duration: 3 Hours

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Max: Marks : 75

Instructions: i) Answer any eight from Q. No. 1 to 12. (8x8=64 Marks)

ii) Answer to Q. No. 13 and 14 are compulsory. (6+5=11 Marks)

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iii) Each answer should begin on a fresh page.

iv) Mention question number correctly.

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v) Figures to right indicate marks.

1. Write a note on :
   
   
   

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   1. Compoundable Offence
   
   
   2. Search with Warrant.
   
   
   
   

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   8

   
   


2. "Public Prosecutor is representative of State and not of Police". Explain the
   

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   qualifications and appointing authority of Public Prosecutors and real role of
   prosecutors in representing State under Criminal Procedure Code.
   

   8

   
   

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3. "In a Criminal Law the rights of the arrested person are basically part of human
   rights" explain rights of arrested person under Criminal Procedure Code.
   

   8

   
   

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4. Explain the importance of Remand and procedure to be followed by magistrate
   while remanding the accused under Criminal Procedure Code. Can Executive
   Magistrate has power to remand the arrested person ?
   

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   8

   
   


5. “The law of bail, like any other branch of law, has its own philosophy, and
   

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   occupies an important place in the administration of criminal justice" - Explain
   the circumstances in which granting of bail is mandatory.
   

   8

   
   

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6. Discuss the meaning and importance of the first information report and examine
   the procedure for recording FIR.
   

   8

   
   

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7. Explain the procedure to be adopted by Session's Judge in trial of Warrant case
   under Criminal Procedure Code.
   

   8

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8. Describe the period of limitation for taking cognizance of offence under Criminal
   Procedure Code.
   

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   8

   
   


9. What is the procedure to be followed while dealing with and disposing of an
   

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   Appeal?
   

   8

   
   



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10. What are the powers conferred on the Executive Magistrate for the removal of
    Public Nuisance ? Under what circumstances can these powers be exercised?
    

    8

    
    

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11. "The right to maintenance is a statutory right which the legislature has recognized
    irrespective of the nationality or creed of the parties" - Explain under what
    circumstances can wife claim maintenance from her husband?
    

    8

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12. Elucidate the rule that ‘for every distinct offence there should be a separate
    charge and each such charge should be tried separately”. Briefly explain the
    

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    exceptions to the above rule.
    

    8

    
    



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13. Answer any two of the following: (2x3=6)
    
    
    
    1. Inherent powers
    
    
    2. Bailable and Non-bailable Offence

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    3. Form and Content of Judgment.
    
    
    
    

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14. Answer any two of the following: (2x2.5=5)
    

    Instruction - Refer to appropriate statutory provisions and judicial decisions.
    Emphasis must be on reasoning.

    
    

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    1. Ramesh filed a petition before an executive magistrate on 5-6-2014 alleging
       that on 3-6-2014 Kishan had forcibly dispossessed him from land which was
       in his possession. After enquiry, Executive Magistrate found that Ramesh
       was in possession of property till he was dispossessed by Kishan. Magistrate
       

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       also found that Ramesh had no title over the property but Kishan had a valid
       title. What should the Magistrate do ?
    
    
    2. A is charged with by a magistrate of the second class with and convicted by
       him of theft of property. Can A subsequently be charged with and tried for
       

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       robbery on the same facts by Judicial Magistrate First Class ?
    
    
    3. High Court of Mumbai at Goa convicted 'A' and sentenced him of imprisonment
       of 6 months and fine of Rs. 1,000/-. A wants to file an appeal in High Court.
       Advice.

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