Code of Criminal Procedure, 1898 Model Test 25 (English)

Time Allowed30 Minutes

Total Questions50 MCQs

Total Marks50 Marks

Negative Marking-0.25 Marks

Qualifying Mark50% Pass

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Carefully select one correct option for each multiple-choice question.
A negative penalty of 0.25 marks is deducted for each incorrect answer.
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Time limit: 30 minutes. Complete the test within time.

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CrPC Model Test 25 (English)

Code of Criminal Procedure, 1898

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

Under Section 340(3), an accused's failure to give evidence on his own behalf shall not give rise to any presumption against him. This protects his right against:

A) Double Jeopardy

B) Excessive bail

C) Illegal arrest

D) Self-incrimination

2 / 50

If a case is instituted upon a private complaint and the accused is acquitted, the complainant may present an appeal (Section 417(2)) if the order involves:

A) A minor factual error

B) Any technical flaw

C) A delay in trial

D) An error of law occasioning failure of justice

3 / 50

According to Section 404, what is the general rule regarding appeals from any judgment or order of a Criminal Court?

A) An appeal lies in every case

B) No appeal shall lie except as provided for by the CrPC or any other law

C) Appeals are only allowed for murder cases

D) The High Court must hear all appeals

4 / 50

Generally, an appeal from a conviction by a Joint Sessions Judge, Metropolitan Magistrate, or Judicial Magistrate of the first class lies to (Section 408):

A) The Sessions Judge

B) The Supreme Court

C) The Chief Judicial Magistrate

D) The High Court Division

5 / 50

Under Section 428, if the Appellate Court thinks additional evidence is necessary, it may:

A) Take such evidence itself

B) Neither, Appellate Courts cannot take new evidence

C) Both A and B

D) Direct it to be taken by a Magistrate (or Court of Session if High Court)

6 / 50

Section 350 allows acting on a predecessor's evidence. Does it apply to the High Court Division?

A) No, the section specifies "Whenever any Magistrate..."

B) Yes

C) Only in appeals

D) Only in writ petitions

7 / 50

Section 351 allows a Court to detain a person attending the Court and proceed against him. This applies to:

A) Only police officers

B) Any person attending a Criminal Court

C) Only the complainant

D) Only witnesses

8 / 50

A is charged with murder and acquitted. Can he later be charged with culpable homicide based on the SAME facts?

A) Only if the weapon is found

B) Only if he confesses later

C) No (Section 403 prevents trial for an offence for which a different charge might have been made under Sec 236)

D) Yes

9 / 50

Under Section 426(1), pending any appeal by a convicted person, the Appellate Court may:

A) Confiscate his property

B) Increase his sentence immediately

C) Send him to solitary confinement

D) Order the execution of the sentence be suspended and release him on bail

10 / 50

Which of the following offences is compoundable WITHOUT the permission of the Court (Table in Sec 345(1))?

A) Theft (Sec 379)

B) Wrongfully confining a person (Sec 342)

C) Criminal breach of trust (Sec 406)

D) Cheating (Sec 417)

11 / 50

Which of the following offences is compoundable WITH the permission of the Court (Table in Sec 345(2))?

A) Adultery (Sec 497)

B) Voluntarily causing grievous hurt (Sec 325)

C) Criminal trespass (Sec 447)

D) Defamation (Sec 500)

12 / 50

Under Section 423(1)(a), in an appeal from an order of ACQUITTAL, the Appellate Court may:

A) Find him guilty and pass sentence on him

B) All of the above

C) Reverse such order and direct further inquiry

D) Order the accused to be retried

13 / 50

Under Section 396, if an escaped convict is sentenced to a fine, it takes effect:

A) Immediately

B) After his jail term

C) When he is recaptured

D) Never

14 / 50

For a trial in absentia under Section 339B(1), the publication must direct the person to appear within:

A) 7 days

B) Such period as may be specified in the order

C) 15 days

D) 60 days

15 / 50

Under Section 410, an appeal against a conviction by a Sessions Judge or Additional Sessions Judge lies to:

A) The Supreme Court Appellate Division

B) A Special Tribunal

C) The President

D) The High Court Division

16 / 50

Under Section 417(1), who has the power to direct the Public Prosecutor to present an appeal against an order of acquittal passed by a trial court?

A) The Investigating Officer

B) The victim's family

C) The Chief Justice

D) The Government

17 / 50

According to Section 414, is there an appeal by a convicted person in a summary trial where the fine does NOT exceed 5,000 Taka?

A) Yes, to the Sessions Court

B) No

C) Yes, to the High Court

D) Only if the police agree

18 / 50

According to Section 431, what happens to an appeal (other than an appeal from a sentence of fine) upon the death of the appellant?

A) It is transferred to a civil court

B) The State takes over

C) It continues with his heirs

D) It finally abates

19 / 50

Under Section 342, the Court MUST question the accused generally on the case AFTER the witnesses for the prosecution have been examined and BEFORE:

A) The police report is filed

B) He is called on for his defence

C) The judgment is written

D) The charge is framed

20 / 50

Under Section 439, the High Court Division, in its discretion, can exercise powers of revision. Can the High Court Division enhance the sentence in revision?

A) Yes, but no order shall be made to the prejudice of the accused unless he has had an opportunity of being heard

B) No, never

C) Only if the police request it

D) Yes, and it does not need to hear the accused

21 / 50

If a person is pardoned under Section 337 but is already on bail, does he go to jail during the trial?

A) He is kept in police custody

B) No, he remains on bail (Section 337(3))

C) Yes, bail is cancelled

D) He must leave the country

22 / 50

Under Section 436, the High Court Division or the Sessions Judge may direct further inquiry into a complaint which has been dismissed under Section 203. However, no such direction shall be made without giving the discharged person:

A) Financial compensation

B) An opportunity of showing cause why such direction should not be made

C) Bail

D) A lawyer

23 / 50

According to Section 419, every appeal shall be made in the form of a petition in writing and accompanied by:

A) The victim's medical report

B) A copy of the judgment or order appealed against

C) The police diary

D) The weapon used in the crime

24 / 50

What is the time limit for a complainant to present an appeal from an order of acquittal under Section 417(3)?

A) 120 days from the date of the order

B) 90 days from the date of the order

C) 60 days from the date of the order

D) 30 days from the date of the order

25 / 50

Under Section 339A(1)(b), a Magistrate trying a pardoned accomplice must ask him about compliance with pardon conditions BEFORE:

A) The evidence of the witnesses for the prosecution is taken

B) He is arrested

C) The final verdict

D) The charge is framed

26 / 50

Under Section 406, a person ordered by a Magistrate to give security for keeping the peace or for good behaviour (under Sec 118) may appeal to:

A) The District Magistrate

B) The Court of Session

C) The High Court Division

D) The Chief Judicial Magistrate

27 / 50

If an appeal is filed against the inadequacy of a sentence under Section 417A, the Appellate Court shall not enhance the sentence without giving the accused:

A) A reasonable opportunity of showing cause against such enhancement

B) A completely new trial

C) A pardon

D) A monetary fine

28 / 50

Under proviso (a) to Section 408, if a Joint Sessions Judge passes a sentence of imprisonment EXCEEDING FIVE YEARS, where does the appeal lie?

A) The Court of Session

B) The High Court Division

C) The Appellate Division

D) The District Judge

29 / 50

Stopping proceedings under Section 249 is not an acquittal. What does this imply for Section 403?

A) The person cannot be tried again

B) The person CAN be tried again for the same offence

C) The person is permanently immune

D) The person must pay a fine

30 / 50

The rule that a subsequent sentence commences at the expiration of a previous sentence (Section 397) aims to prevent:

A) Double jeopardy

B) Fines from overlapping

C) The accused from escaping

D) Sentences from being served simultaneously (unless directed)

31 / 50

Under Section 413, there is no appeal if a Court of Session, CJM, Metropolitan Magistrate, or 1st Class Magistrate passes a sentence of fine NOT exceeding:

A) 1,000 Taka

B) 10,000 Taka

C) 5,000 Taka

D) 2,000 Taka

32 / 50

According to Section 412, if an accused has pleaded guilty and been convicted by a Court of Session, Metropolitan Magistrate, or 1st Class Magistrate, an appeal can only be filed regarding:

A) No appeal is allowed under any circumstances

B) The extent or legality of the sentence

C) The facts of the case

D) The police investigation

33 / 50

Under Section 401(3), if a person is arrested for violating the conditions of a remitted sentence, he is remanded to undergo:

A) One year in solitary confinement

B) Double the original sentence

C) A completely new sentence

D) The unexpired portion of the sentence

34 / 50

For the purposes of Section 435 (calling for records), all Magistrates, whether Executive or Judicial, are deemed to be INFERIOR to:

A) The Police Commissioner

B) The District Magistrate

C) The Union Chairman

D) The Sessions Judge

35 / 50

Under Section 346, a Chief Judicial Magistrate stays proceedings and submits the case to another CJM if the evidence warrants it. Can the receiving Magistrate send the accused for trial to the Sessions Court?

A) Only if the police request it

B) Only in murder cases

C) Yes (Section 346(2))

D) No

36 / 50

A remand order under Section 344 by a Magistrate MUST be:

A) Verbal

B) Published in a newspaper

C) Approved by the High Court

D) In writing signed by the presiding Judge or Magistrate

37 / 50

Does Section 439 authorize the High Court Division to convert a finding of acquittal into one of conviction in revision?

A) Yes, at any time

B) No, nothing in this section shall be deemed to authorize this

C) Only if the Government orders it

D) Only in murder cases

38 / 50

Under Section 405, a person whose application for the restoration of attached property (under Section 89) has been rejected can appeal to:

A) The District Magistrate

B) The High Court Division

C) No appeal is allowed

D) The Court to which appeals ordinarily lie from the sentences of the former Court

39 / 50

Commutation of a sentence (Section 402) means:

A) Cancelling the sentence entirely

B) Pausing the sentence temporarily

C) Increasing the sentence

D) Exchanging a severe sentence for a less severe one

40 / 50

According to Section 413 (No appeal in petty cases), there is no appeal if a Court of Session passes a sentence of imprisonment not exceeding:

A) One year only

B) Three months only

C) One month only

D) Six months only

41 / 50

Under Section 429, what happens if the Judges composing the Court of Appeal are equally divided in opinion?

A) The prosecution wins

B) The case is laid before another Judge of the same Court, and his opinion prevails

C) The accused is acquitted

D) The case is dismissed

42 / 50

Under Section 423(1)(b), in an appeal from a CONVICTION, which of the following actions can the Appellate Court NOT take?

A) Alter the finding, maintaining the sentence

B) Reduce the sentence

C) Reverse the finding and sentence, and acquit the accused

D) Enhance the sentence

43 / 50

The power to commute a sentence of transportation under Section 402 belongs to:

A) The High Court

B) The Police

C) The Jailer

D) The Government

44 / 50

Under Section 417A(1), the Government may direct the Public Prosecutor to appeal against a sentence to the High Court Division on the ground of:

A) Procedural errors

B) Lack of jurisdiction

C) Excessive severity

D) Its inadequacy

45 / 50

Under Section 399, what happens to a person under 15 sentenced to imprisonment?

A) They are released

B) They are sent to a military academy

C) The Court MAY direct confinement in a reformatory instead of a criminal jail

D) They are fined instead

46 / 50

If a Magistrate of the second or third class passes a sentence of conviction, the appeal lies to (Section 407):

A) The High Court Division

B) The Chief Judicial Magistrate

C) The District Magistrate

D) The Court of Session

47 / 50

Under Section 435, the High Court Division or any Sessions Judge may call for and examine the record of any proceeding before an inferior Criminal Court to satisfy themselves as to:

A) The financial cost of the trial

B) The popularity of the verdict

C) The spelling errors in the judgment

D) The correctness, legality, or propriety of any finding, sentence, or order

48 / 50

A is charged by a 1st class Magistrate with causing hurt to B and convicted. B later dies from the injuries. A can be tried again for culpable homicide because:

A) The Magistrate made a mistake

B) The consequences (death) had not happened at the time of conviction (Sec 403(3))

C) Murder is non-bailable

D) The police appealed

49 / 50

Under Section 421, can an Appellate Court dismiss an appeal summarily if it considers there is no sufficient ground for interfering?

A) No, it must always hold a full hearing

B) Yes

C) Only in murder cases

D) Only if the appellant is absent

50 / 50

Under Section 406A, if a Chief Metropolitan Magistrate or a District Magistrate refuses to accept or rejects a surety, the appeal lies to:

A) The Court of Session

B) The Supreme Court

C) The High Court Division

D) The Ministry of Law

The average score is 0%

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Code of Criminal Procedure, 1898 Model Test 25 (English)

Code of Criminal Procedure, 1898

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