Code of Criminal Procedure, 1898 Model Test 23 (English) 0% Time limit: 30 minutes. Complete the test within time. āϏāĻŽā§ āĻļā§āώ āϧāύā§āϝāĻŦāĻžāĻĻāĨ¤ CrPC Model Test 23 (English) Code of Criminal Procedure, 1898 Questions: 50 Full Marks: 50 Time: 30 Minutes 1 / 50 A Court issues a warrant to attach movable property to recover a fine. Can they take the offender's television? A) Yes, it is movable property belonging to the offender B) Only if the TV is stolen C) No, only cash can be taken D) No, household items are exempt Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "Yes, it is movable property belonging to the offender". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 2 / 50 Under Section 397, can a Court direct that a subsequent sentence shall run concurrently with the previous sentence? A) Yes, the Court may direct that the subsequent sentence shall run concurrently B) No, sentences must always run consecutively C) Only in cases of simple imprisonment D) Only if the Supreme Court approves Explanation: According to Section 397 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Yes, the Court may direct that the subsequent sentence shall run concurrently". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 3 / 50 If a court suspends imprisonment to allow payment of a fine in installments (Section 388), what is the maximum interval between installments? A) 15 days B) 30 days C) 7 days D) 60 days Explanation: According to Section 388 of The Code of Criminal Procedure, 1898, the legally correct resolution is "30 days". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 4 / 50 If a judgment is an acquittal, but the Magistrate forgets to state the offence or direct that the accused be set at liberty, what kind of error is this? A) Clerical error, which can be corrected under Section 369 B) An error requiring Presidential pardon C) A non-correctable error D) A fatal error ending the trial Explanation: According to Section 369 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Clerical error, which can be corrected under Section 369". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 5 / 50 For the purposes of Section 396, which is deemed severer: rigorous imprisonment or simple imprisonment? A) They are considered identical B) A sentence of rigorous imprisonment C) Simple imprisonment D) Simple imprisonment with solitary confinement Explanation: According to Section 396 of The Code of Criminal Procedure, 1898, the legally correct resolution is "A sentence of rigorous imprisonment". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 6 / 50 Under Section 398(2), when imprisonment in default of fine is annexed to a substantive sentence, and the person must undergo a FURTHER substantive sentence, when does the imprisonment for default of fine take effect? A) Concurrently with the further sentence B) Not until the person has undergone the further sentence or sentences C) Immediately D) It is forgiven Explanation: According to Section 398 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Not until the person has undergone the further sentence or sentences". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 7 / 50 Under Section 402(1), the Government may commute a sentence. Does it need the consent of the person sentenced? A) Yes, always B) Only if the sentence is a fine C) Only if the sentence is death D) No, without the consent of the person sentenced Explanation: According to Section 402 of The Code of Criminal Procedure, 1898, the legally correct resolution is "No, without the consent of the person sentenced". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 8 / 50 When an application for suspension or remission is made, the Government may require the presiding Judge of the convicting Court to state his opinion. What else must the Judge forward (Section 401(2))? A) The victim's medical report B) A certified copy of the record of the trial C) A recommendation letter D) The murder weapon Explanation: According to Section 401 of The Code of Criminal Procedure, 1898, the legally correct resolution is "A certified copy of the record of the trial". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 9 / 50 Who may give directions via general rules or special orders as to the suspension of sentences and how petitions are dealt with (Section 401(6))? A) The District Magistrate B) The Government C) The Chief Justice D) The Inspector General of Prisons Explanation: According to Order l of The Code of Criminal Procedure, 1898, the legally correct resolution is "The Government". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 10 / 50 Under Section 353, evidence must be taken in the presence of the accused. If the accused absconds (Sec 339B), can evidence still be taken? A) No B) Yes, trial in absentia is an exception to this rule C) Only for minor offences D) Only in civil cases Explanation: According to Section 353 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Yes, trial in absentia is an exception to this rule". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 11 / 50 Under the second proviso to Section 397, if a person imprisoned for failing to furnish security (Sec 123) is sentenced to imprisonment for an offence committed PRIOR to the security order, when does the latter sentence commence? A) At the expiration of the security imprisonment B) Immediately C) After 6 months D) It runs concurrently Explanation: According to Section 397 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Immediately". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 12 / 50 Under Section 401(1), who has the power to suspend the execution of a sentence or remit the whole or any part of a punishment? A) The High Court Division B) The Police Commissioner C) The District Magistrate D) The Government Explanation: According to Section 401 of The Code of Criminal Procedure, 1898, the legally correct resolution is "The Government". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 13 / 50 A Magistrate records evidence under Section 355 as a memorandum. If the Magistrate dies before the trial ends, can the succeeding Magistrate use this memorandum? A) No B) Yes, under Section 350 C) Only if the defense agrees D) Only in summary trials Explanation: According to Section 355 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Yes, under Section 350". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 14 / 50 If an accused is sentenced to transportation for life, can the judge specify he be transported to the Andaman Islands? A) Only if the accused requests it B) Only if the Government approves C) No, Section 368(2) says no sentence of transportation shall specify the place D) Yes Explanation: According to Section 368 of The Code of Criminal Procedure, 1898, the legally correct resolution is "No, Section 368(2) says no sentence of transportation shall specify the place". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 15 / 50 Does Section 401 interfere with the right of the President to grant pardons, reprieves, respites, or remissions? A) Only during martial law B) No, nothing herein contained shall be deemed to interfere with the right of the President C) Yes, it overrides the President's power D) Yes, in murder cases Explanation: According to Section 401 of The Code of Criminal Procedure, 1898, the legally correct resolution is "No, nothing herein contained shall be deemed to interfere with the right of the President". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 16 / 50 What happens if a condition on which a sentence has been suspended or remitted is NOT fulfilled (Section 401(3))? A) The person is fined B) The person is given a 30-day warning C) The Government may cancel the suspension or remission D) Nothing happens Explanation: According to Section 401 of The Code of Criminal Procedure, 1898, the legally correct resolution is "The Government may cancel the suspension or remission". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 17 / 50 The prohibition against a Court altering or reviewing its signed judgment (Section 369) applies to ALL Courts, EXCEPT: A) All of the above B) As otherwise provided by any other law for the time being in force C) As otherwise provided by this Code D) To correct a clerical error Explanation: According to Section 369 of The Code of Criminal Procedure, 1898, the legally correct resolution is "All of the above". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 18 / 50 If a warrant for imprisonment is directed to the officer in charge of a jail (Section 384), with whom is the warrant lodged (Section 385)? A) The High Court B) The District Magistrate C) The Police Commissioner D) The Jailor Explanation: According to Section 384 of The Code of Criminal Procedure, 1898, the legally correct resolution is "The Jailor". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 19 / 50 What must a reformatory possess to be a fit place for confinement under Section 399? A) Medical testing facilities B) Solitary confinement cells C) Armed guards only D) Means of suitable discipline and training in some branch of useful industry Explanation: According to Section 399 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Means of suitable discipline and training in some branch of useful industry". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 20 / 50 Section 367(5) requires reasons for a death sentence. This implies that life imprisonment is the rule and death is the exception. A) True B) This was repealed C) This only applies to the High Court D) False, it just requires reasons to be stated Explanation: According to Section 367 of The Code of Criminal Procedure, 1898, the legally correct resolution is "False, it just requires reasons to be stated". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 21 / 50 Under Section 399(1), if a person under the age of fifteen years is sentenced to imprisonment, where may the Court direct him to be confined? A) A police station lockup B) A maximum-security prison C) A reformatory established by the Government D) An adult criminal jail Explanation: According to Section 399 of The Code of Criminal Procedure, 1898, the legally correct resolution is "A reformatory established by the Government". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 22 / 50 If a suspension or remission is cancelled under Section 401(3), the person may be: A) Exiled B) Sued in civil court C) Summoned to court formally D) Arrested by any police-officer without warrant and remanded to undergo the unexpired portion of the sentence Explanation: According to Section 401 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Arrested by any police-officer without warrant and remanded to undergo the unexpired portion of the sentence". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 23 / 50 Under Section 396(1), if a sentence of death or fine is passed on an escaped convict, when does it take effect? A) Only after High Court confirmation B) After 30 days C) After the expiration of his previous sentence D) Immediately Explanation: According to Section 396 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Immediately". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 24 / 50 According to Section 402A, the powers conferred upon the Government to suspend, remit, or commute sentences MAY ALSO be exercised by the President in the case of: A) Fines above 1 lakh Taka B) Sentences of death C) Political crimes D) Life imprisonment Explanation: According to Section 402A of The Code of Criminal Procedure, 1898, the legally correct resolution is "Sentences of death". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 25 / 50 A judgment is pronounced in open Court. If the accused is in custody, what is the procedure (Section 366)? A) He is informed by letter B) He shall be brought up to hear judgment delivered C) He stays in his cell D) His lawyer hears it for him Explanation: According to Section 366 of The Code of Criminal Procedure, 1898, the legally correct resolution is "He shall be brought up to hear judgment delivered". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 26 / 50 Under the first proviso to Section 397, if a person undergoing imprisonment is subsequently sentenced to transportation, the Court may: A) Cancel the imprisonment B) Direct the latter sentence to commence immediately or at the expiration of the previous sentence C) Reduce the transportation to imprisonment D) Order a retrial Explanation: According to Section 397 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Direct the latter sentence to commence immediately or at the expiration of the previous sentence". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 27 / 50 A warrant issued to the Collector under Section 386(1)(b) allows execution against: A) The offender's family's property B) State property C) Only land D) The movable or immovable property, or both, of the defaulter Explanation: According to Section 386 of The Code of Criminal Procedure, 1898, the legally correct resolution is "The movable or immovable property, or both, of the defaulter". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 28 / 50 If the High Court Division confirms a death sentence, the order of confirmation must be sealed with the seal of the High Court Division and attested with the official signature of: A) The proper officer of the High Court Division B) The executioner C) The Chief Justice D) The President Explanation: According to Section 154 (Information in cognizable cases / FIR) of The Code of Criminal Procedure, 1898, the legally correct resolution is "The proper officer of the High Court Division". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 29 / 50 Under Section 401(4), the condition on which a sentence is suspended or remitted may be one to be fulfilled by the person, or: A) One independent of his will B) By the police C) By the victim D) By his lawyer Explanation: According to Section 401 of The Code of Criminal Procedure, 1898, the legally correct resolution is "One independent of his will". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 30 / 50 For the purposes of Section 396, which is deemed severer: imprisonment with solitary confinement or imprisonment without solitary confinement? A) A sentence of imprisonment with solitary confinement B) Imprisonment without solitary confinement C) They are considered identical D) Solitary confinement is illegal Explanation: According to Section 396 of The Code of Criminal Procedure, 1898, the legally correct resolution is "A sentence of imprisonment with solitary confinement". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 31 / 50 If a conditional pardon is granted by the President, any condition imposed shall be deemed to have been imposed by (Section 401(5A)): A) A sentence of a competent Court under this Code B) The Police C) The Parliament D) The Prime Minister Explanation: According to Section 401 of The Code of Criminal Procedure, 1898, the legally correct resolution is "A sentence of a competent Court under this Code". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 32 / 50 Do the provisions of Section 401 apply to orders restricting liberty or imposing liability under laws OTHER than the CrPC? (Section 401(4A)) A) Only to the Penal Code B) Yes, they apply to any order passed by a Criminal Court under any section of this Code or any other law C) No, only to the CrPC D) Only to traffic laws Explanation: According to Section 401 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Yes, they apply to any order passed by a Criminal Court under any section of this Code or any other law". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 33 / 50 Under Section 402, a sentence of rigorous imprisonment can be commuted to: A) Transportation for life B) Death C) Simple imprisonment for a like term, or fine D) Solitary confinement Explanation: According to Section 402 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Simple imprisonment for a like term, or fine". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 34 / 50 Under Section 374, what is "submitted" to the High Court Division? A) Only the police report B) Only the final judgment C) The accused person physically D) The proceedings (entire record) Explanation: According to Section 374 of The Code of Criminal Procedure, 1898, the legally correct resolution is "The proceedings (entire record)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 35 / 50 According to Section 396(2), if an escaped convict is sentenced to imprisonment or transportation, and the new sentence is SEVERER in its kind than the one he was undergoing, when does the new sentence take effect? A) When the government decides B) After the expiration of his previous sentence C) Immediately D) After 14 days Explanation: According to Section 396 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Immediately". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 36 / 50 Does anything in Section 396 or 397 excuse a person from any part of the punishment to which he is liable? (Section 398(1)) A) Yes, if the sentences overlap B) Yes, if the judge feels pity C) No, nothing shall be held to excuse any person from any part of the punishment D) Only if the person pays a fine Explanation: According to Section 396 of The Code of Criminal Procedure, 1898, the legally correct resolution is "No, nothing shall be held to excuse any person from any part of the punishment". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 37 / 50 Can the Government impose conditions when suspending or remitting a sentence under Section 401? A) No, it must be unconditional B) Only conditions approved by the victim C) Yes, without conditions or upon any conditions which the person sentenced accepts D) Only financial conditions Explanation: According to Section 401 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Yes, without conditions or upon any conditions which the person sentenced accepts". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 38 / 50 Section 361 requires interpretation of evidence if the accused does not understand the language. What if documents are put in for formal proof? A) It is in the discretion of the Court to interpret as much as appears necessary B) They are excluded from evidence C) The accused must read them himself D) They must be fully translated Explanation: According to Section 361 of The Code of Criminal Procedure, 1898, the legally correct resolution is "It is in the discretion of the Court to interpret as much as appears necessary". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 39 / 50 When examining an accused under Section 364, what must be done if it is not practicable to record the examination in the language in which he is examined? A) A translator is fired B) The trial is stopped C) It is not recorded D) It shall be recorded in the language of the Court or in English Explanation: According to Section 364 of The Code of Criminal Procedure, 1898, the legally correct resolution is "It shall be recorded in the language of the Court or in English". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 40 / 50 For the purposes of Section 396, which sentence is deemed severer: transportation or imprisonment? A) They are equal B) It depends on the judge's order C) Imprisonment D) A sentence of transportation Explanation: According to Section 396 of The Code of Criminal Procedure, 1898, the legally correct resolution is "A sentence of transportation". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 41 / 50 The successor in office to the Magistrate who passed a sentence CAN issue the warrant for its execution (Section 389). A) False B) Only if the original Magistrate is dead C) Only for minor fines D) True Explanation: According to Section 389 of The Code of Criminal Procedure, 1898, the legally correct resolution is "True". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 42 / 50 Under Section 400, what must the officer executing a sentence do when the sentence has been fully executed? A) Destroy the warrant B) Keep the warrant in police records C) Return the warrant to the Court from which it issued, with an endorsement certifying the execution D) Mail the warrant to the accused Explanation: According to Section 400 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Return the warrant to the Court from which it issued, with an endorsement certifying the execution". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 43 / 50 In a Sessions Court, who signs the written record of the evidence of each witness (Section 356)? A) The witness only B) The public prosecutor C) The Magistrate or Sessions Judge D) The accused Explanation: According to Section 356 of The Code of Criminal Procedure, 1898, the legally correct resolution is "The Magistrate or Sessions Judge". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 44 / 50 In cases tried by the Court of Session, a copy of the finding and sentence must be forwarded to the District Magistrate AND: A) The local MP B) The Police Station C) The Chief Metropolitan Magistrate or the Chief Judicial Magistrate D) The Jailor Explanation: Under the statutory provisions of The Code of Criminal Procedure, 1898, the legally correct resolution is "The Chief Metropolitan Magistrate or the Chief Judicial Magistrate". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 45 / 50 Section 402(2) states that nothing in this section affects the provisions of which sections of the Penal Code? A) Section 54 or Section 55 B) Section 144 or 145 C) Section 302 or 304 D) Section 420 or 406 Explanation: According to Section 402 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Section 54 or Section 55". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 46 / 50 Which of the following is NOT listed as a sentence that can be commuted for another under Section 402? A) Death B) Transportation C) Whipping D) Rigorous imprisonment Explanation: According to Section 402 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Whipping". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 47 / 50 Under Section 397, if a person already undergoing imprisonment/transportation is sentenced to another term of imprisonment/transportation, when does the subsequent sentence commence? A) Immediately B) At the expiration of the imprisonment or transportation to which he has been previously sentenced C) Six months later D) It is cancelled Explanation: According to Section 397 of The Code of Criminal Procedure, 1898, the legally correct resolution is "At the expiration of the imprisonment or transportation to which he has been previously sentenced". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 48 / 50 Section 381 states the Court of Session shall "cause such order to be carried into effect". This refers to the order of: A) The District Magistrate B) The Medical Board C) The High Court Division confirming the death sentence D) The police Explanation: According to Section 381 of The Code of Criminal Procedure, 1898, the legally correct resolution is "The High Court Division confirming the death sentence". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 49 / 50 An accused applies for a translation of the judgment in his own language. Under Section 371(1), is the Court obliged to provide it? A) Only in murder cases B) Only if he pays 10,000 Taka C) No, English is mandatory D) Yes, if practicable Explanation: According to Section 371 of The Code of Criminal Procedure, 1898, the legally correct resolution is "Yes, if practicable". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 50 / 50 If the new sentence on an escaped convict is NOT severer in its kind than his previous sentence (Section 396(3)), when does it take effect? A) It is waived B) It runs concurrently C) Immediately D) After he has suffered imprisonment/transportation for a further period equal to the unexpired portion of his former sentence at the time of his escape Explanation: According to Section 396 of The Code of Criminal Procedure, 1898, the legally correct resolution is "After he has suffered imprisonment/transportation for a further period equal to the unexpired portion of his former sentence at the time of his escape". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 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