Code of Criminal Procedure, 1898 Model Test 15 (English) 0% Time limit: 30 minutes. Complete the test within time. āϏāĻŽā§ āĻļā§āώ āϧāύā§āϝāĻŦāĻžāĻĻāĨ¤ CrPC Model Test 15 (English) Code of Criminal Procedure, 1898 Questions: 50 Full Marks: 50 Time: 30 Minutes 1 / 50 A is charged with possessing counterfeit coin knowing it to be counterfeit, but the word "fraudulently" is omitted. Is the error automatically material? A) No, unless it appears that A was in fact misled by this omission B) Yes, words cannot be omitted C) Yes, the case must be dismissed D) Only if A points it out immediately Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "No, unless it appears that A was in fact misled by this omission". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 2 / 50 A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. According to Section 233, A must be: A) Tried for both in one single trial B) Separately charged and separately tried for both C) Given a choice of which to be tried for D) Pardoned for the lesser offence Explanation: According to Section 233 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Separately charged and separately tried for both". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 3 / 50 Which of the following must be explicitly mentioned in the charge? A) The law and section of the law against which the offence was committed B) The cost of the trial C) The religion of the accused D) The name of the Magistrate's hometown Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "The law and section of the law against which the offence was committed". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 4 / 50 Under Section 235(1), if more offences than one are committed by the same person in one series of acts forming the SAME transaction, how can they be tried? A) He cannot be tried at all B) He may be charged with, and tried at one trial for, every such offence C) They must be tried in separate courts D) He can only be charged with the most severe offence Explanation: According to Section 235 of The Code of Criminal Procedure, 1898, the legally correct resolution is "He may be charged with, and tried at one trial for, every such offence". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 5 / 50 Is an attempt to commit an offence considered the same kind of offence as the completed offence under Section 234? A) Yes B) No C) Only for murder D) Only for theft Explanation: According to Section 234 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Yes". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 6 / 50 Under Section 237, if A is charged with theft, but evidence shows he committed criminal breach of trust (for which he could have been alternatively charged), what happens? A) The case is sent to the High Court B) He is acquitted of everything C) He may be convicted of criminal breach of trust, even though he was not charged with it D) A new trial must start Explanation: According to Section 237 of The Code of Criminal Procedure, 1898, the legally correct resolution is "He may be convicted of criminal breach of trust, even though he was not charged with it". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 7 / 50 Under Section 235(2), if acts constitute an offence falling within two or more separate definitions of any law, the accused may be: A) Charged with only one definition B) Sent to a civil court C) Let off with a warning D) Charged with and tried at one trial for EACH of such offences Explanation: According to Section 235 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Charged with and tried at one trial for EACH of such offences". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 8 / 50 Under Section 223, when must the charge contain particulars of the manner in which the offence was committed? A) Only in murder cases B) When particulars of time/place/person do not give the accused sufficient notice C) Always D) Never Explanation: According to Section 223 of The Code of Criminal Procedure, 1898, the legally correct resolution is "When particulars of time/place/person do not give the accused sufficient notice". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 9 / 50 Charging A with the murder of B is equivalent to stating that A's act did NOT fall within: A) The knowledge of the police B) Any of the general exceptions of the Penal Code C) The boundaries of Bangladesh D) The jurisdiction of the court Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "Any of the general exceptions of the Penal Code". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 10 / 50 According to Section 225, an error or omission in stating the offence in the charge is material ONLY IF: A) The trial lasted more than a year B) The media notices it C) The judge was confused D) The accused was in fact misled by it and it occasioned a failure of justice Explanation: According to Section 225 of The Code of Criminal Procedure, 1898, the legally correct resolution is "The accused was in fact misled by it and it occasioned a failure of justice". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 11 / 50 A wrongfully strikes B with a cane. A may be separately charged with and convicted of offences under Sections 352 (assault) and 323 (hurt) at: A) None of the above B) Separate trials held years apart C) One trial D) He cannot be convicted of both Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "One trial". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 12 / 50 Under Section 222, what particulars must a charge contain to give the accused sufficient notice? A) The names of all ancestors of the accused B) Time, place, and person/thing against whom the offence was committed C) The exact minute and second of the crime D) The exact GPS coordinates of the crime Explanation: According to Section 222 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Time, place, and person/thing against whom the offence was committed". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 13 / 50 A's act may amount to theft, receiving stolen property, criminal breach of trust, or cheating. How can A be charged? A) Only with cheating B) With all four, or any one of them in the alternative C) The police must decide before the trial D) Only with theft Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "With all four, or any one of them in the alternative". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 14 / 50 Under Section 235(3), if several acts constitute one offence, but when combined constitute a DIFFERENT offence, the accused may be tried at one trial for: A) Only the combined offence B) Only the separate acts C) The combined offence AND any offence constituted by one or more of the acts D) He must choose which to be tried for Explanation: According to Section 235 of The Code of Criminal Procedure, 1898, the legally correct resolution is "The combined offence AND any offence constituted by one or more of the acts". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 15 / 50 If A is accused of the murder of B at a given time and place, must the charge state the manner in which A murdered B? A) Yes, always B) No, it need not state the manner C) Only if a gun was used D) Only if poison was used Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "No, it need not state the manner". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 16 / 50 If A is accused of cheating B, must the charge set out the manner in which A cheated B? A) Only if money was involved B) Yes C) Only if B requests it D) No Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "Yes". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 17 / 50 If A is accused of giving false evidence, what must the charge set out? A) A's educational background B) The entire transcript of the trial C) That portion of the evidence given by A which is alleged to be false D) The judge's opinion Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "That portion of the evidence given by A which is alleged to be false". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 18 / 50 A is charged with causing grievous hurt (Sec 325). He proves grave and sudden provocation. Can he be convicted of the minor offence (Sec 335)? A) No, he must be charged anew B) Yes, but only with Supreme Court approval C) No, he must be acquitted D) Yes, although not charged with it Explanation: According to Section 325 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Yes, although not charged with it". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 19 / 50 Under Section 231, when a charge is altered after the trial commences, the prosecutor and accused shall be allowed to: A) Transfer the case to another district B) Recall or re-summon and examine any witness with reference to the alteration C) Change the judge D) Go home Explanation: According to Section 231 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Recall or re-summon and examine any witness with reference to the alteration". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 20 / 50 Under Section 238(1), if a person is charged with an offence consisting of several particulars, but only some are proved which constitute a minor offence, he may be: A) Acquitted totally B) Remanded to police custody C) Convicted of the minor offence, though he was not charged with it D) Given a life sentence Explanation: According to Section 238 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Convicted of the minor offence, though he was not charged with it". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 21 / 50 If the law does NOT give the offence a specific name, what must be stated in the charge? A) So much of the definition of the offence to give the accused notice of the matter B) Nothing C) A random name D) Only the section number Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "So much of the definition of the offence to give the accused notice of the matter". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 22 / 50 Under Section 238(2A), when a person is charged with an offence, he may be convicted of an ATTEMPT to commit such offence: A) Never B) Only if he pleads guilty to the attempt C) Although the attempt is not separately charged D) Only if the attempt is separately charged Explanation: According to Section 238 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Although the attempt is not separately charged". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 23 / 50 According to Section 239, can persons accused of the same offence committed in the course of the same transaction be charged and tried together? A) Only if they are of the same gender B) Yes C) No D) Only if they are related Explanation: According to Section 239 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Yes". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 24 / 50 Under Section 224, words used in a charge describing an offence shall be deemed to have been used in the sense attached to them by: A) The Oxford English Dictionary B) The law under which such offence is punishable C) Common street slang D) The defence lawyer's interpretation Explanation: According to Section 224 of The Code of Criminal Procedure, 1898, the legally correct resolution is "The law under which such offence is punishable". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 25 / 50 If the statement of previous conviction is omitted in the charge, when can the Court add it? A) At any time before sentence is passed B) Never C) Only after the trial ends D) Only during an appeal Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "At any time before sentence is passed". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 26 / 50 A commits robbery on B and voluntarily causes hurt to him. Can A be charged with and convicted of hurt (323), robbery (392), and causing hurt in committing robbery (394) at one trial? A) No B) Yes C) Only if B dies D) Only if A confesses Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "Yes". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 27 / 50 Under Section 234, is an offence under Section 379 (theft) deemed the same kind as Section 380 (theft in a dwelling house)? A) Yes B) Only if committed by a minor C) Only if the value of goods is identical D) No Explanation: According to Section 234 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Yes". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 28 / 50 Does Section 238 authorize a conviction for an offence requiring a specific complaint (like adultery under Sec 199) if no such complaint was made? A) No B) Only if the police approve C) Yes D) Only if the judge wants to Explanation: According to Section 238 of The Code of Criminal Procedure, 1898, the legally correct resolution is "No". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 29 / 50 If the new/altered charge requires previous sanction for prosecution, what must happen (Section 230)? A) The accused is acquitted automatically B) Sanction is deemed waived C) The case shall not proceed until such sanction is obtained (unless already obtained for the same facts) D) The case proceeds anyway Explanation: According to Section 230 of The Code of Criminal Procedure, 1898, the legally correct resolution is "The case shall not proceed until such sanction is obtained (unless already obtained for the same facts)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 30 / 50 A gives contradictory statements on oath before the Magistrate and the Sessions Court. It cannot be proved which statement was false. Can he be convicted of giving false evidence? A) No, benefit of doubt applies B) Yes, but only fined C) No, he must be pardoned D) Yes, he may be charged in the alternative and convicted Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "Yes, he may be charged in the alternative and convicted". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 31 / 50 A rescues B from lawful custody, and causes grievous hurt to Constable C. A may be charged with and convicted of offences under Sec 225 and 333 at: A) Separate trials B) One trial C) A special military tribunal D) Only the High Court Explanation: According to Section 225 of The Code of Criminal Procedure, 1898, the legally correct resolution is "One trial". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 32 / 50 Why might a previous conviction be stated in the charge? A) To inform the media B) To prove it for affecting the punishment (enhanced or different kind of punishment) C) To delay the trial D) To shame the accused Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "To prove it for affecting the punishment (enhanced or different kind of punishment)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 33 / 50 The fact that a charge is made is equivalent to a statement that: A) The victim will get compensation B) Every legal condition required by law to constitute the offence was fulfilled C) The accused is automatically guilty D) The police are always right Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "Every legal condition required by law to constitute the offence was fulfilled". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 34 / 50 What MUST be done after a charge is altered or added to? A) The media must be informed B) The accused must be granted bail C) The trial must restart from day one D) It shall be read and explained to the accused Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "It shall be read and explained to the accused". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 35 / 50 If the law creating the offence gives it a specific name, how may the offence be described in the charge? A) It cannot be described by name B) By a 5-page description C) By that name only D) By its Latin translation Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "By that name only". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 36 / 50 To be tried together under Section 234, the three offences of the same kind must be committed within the space of: A) Twelve months B) Six months C) One month D) Three years Explanation: According to Section 234 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Twelve months". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 37 / 50 Under Section 234, offences are of the "same kind" when they are: A) Committed using the same weapon B) Punishable with the same amount of punishment under the same section of the Penal Code C) Committed in the same city D) Committed against the same person Explanation: According to Section 234 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Punishable with the same amount of punishment under the same section of the Penal Code". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 38 / 50 A is charged with cheating B, but the manner is not set out. There were many transactions, A didn't know which one it was, and offered no defence. The Court may infer the error was: A) A typographical mistake B) Material C) The fault of the victim D) Immaterial Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "Material". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 39 / 50 If an Appellate Court believes a convicted person was misled in his defence by an error in the charge, what shall it direct (Section 232)? A) Double the punishment B) A full pardon C) A new trial to be had upon a charge framed in whatever manner it thinks fit D) A fine instead of jail Explanation: According to Section 232 of The Code of Criminal Procedure, 1898, the legally correct resolution is "A new trial to be had upon a charge framed in whatever manner it thinks fit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 40 / 50 If the altered charge IS likely to prejudice the accused or prosecutor, the Court may: A) Ignore the prejudice and continue B) Force the accused to plead guilty C) Either direct a new trial or adjourn the trial D) Fine the Magistrate Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "Either direct a new trial or adjourn the trial". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 41 / 50 Under Section 234, how many offences of the SAME KIND can a person be charged with and tried for at one trial? A) Not exceeding three B) Any number C) Not exceeding two D) Not exceeding five Explanation: According to Section 234 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Not exceeding three". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 42 / 50 Under Section 227, at what point can any Court alter or add to any charge? A) Only during cross-examination B) Only at the beginning of the trial C) At any time before judgment is pronounced D) After the sentence is passed Explanation: According to Section 227 of The Code of Criminal Procedure, 1898, the legally correct resolution is "At any time before judgment is pronounced". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 43 / 50 In what language shall the charge be written? A) Latin only B) Arabic only C) English or the language of the Court D) French Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "English or the language of the Court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 44 / 50 In cases of criminal breach of trust of money, is it necessary to specify exact items and dates in the charge? A) No, specifying the gross sum and the dates between which the offence occurred is sufficient B) Yes, every single taka must be tracked C) Only if the bank demands it D) Yes, unless the amount is small Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "No, specifying the gross sum and the dates between which the offence occurred is sufficient". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 45 / 50 When a charge specifies a gross sum for criminal breach of trust, the time included between the first and last dates shall NOT exceed: A) 6 months B) Two years C) 3 months D) One year Explanation: According to Section 154 (Information in cognizable cases / FIR) of The Code of Criminal Procedure, 1898, the legally correct resolution is "One year". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 46 / 50 If an altered charge is NOT likely to prejudice the accused or prosecutor, what may the Court do (Section 228)? A) Adjourn for 6 months B) Proceed with the trial as if the new/altered charge had been the original C) Arrest the prosecutor D) Dismiss the case Explanation: According to Section 228 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Proceed with the trial as if the new/altered charge had been the original". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 47 / 50 Under Section 232, if the Appellate Court thinks that NO valid charge could be preferred against the accused in respect of the facts proved, it shall: A) Ask the police to find new facts B) Quash the conviction C) Send the case to a civil court D) Direct a new trial anyway Explanation: According to Section 232 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Quash the conviction". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 48 / 50 Can a person accused of an offence and a person accused of ABETTING that same offence be tried together? A) No, they must be separated B) Only in murder cases C) Only in theft cases D) Yes Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "Yes". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 49 / 50 Under Section 236, if it is DOUBTFUL which of several offences the facts will constitute, how can the accused be charged? A) With all of them, or in the alternative B) The case must be dismissed C) Only with the least severe offence D) Only with the most severe offence Explanation: According to Section 236 of The Code of Criminal Procedure, 1898, the legally correct resolution is "With all of them, or in the alternative". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 50 / 50 What is the general rule under Section 233 regarding distinct offences? A) They can be tried together if the judge wants B) For every distinct offence, there shall be a separate charge, and every charge shall be tried separately C) They must all be merged into one charge D) They must be dismissed Explanation: According to Section 233 of The Code of Criminal Procedure, 1898, the legally correct resolution is "For every distinct offence, there shall be a separate charge, and every charge shall be tried separately". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 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