Conditions Requisite For Initiation Of Proceedings MCQ Quiz in বাংলা - Objective Question with Answer for Conditions Requisite For Initiation Of Proceedings - বিনামূল্যে ডাউনলোড করুন [PDF]

The correct answer is Option 1

Key Points

•  Section 198A of CrPC embodies an exception to the general rule that any person having knowledge of commission of an offence may set the law in motion by instituting a complaint of the offence.
• Sub-clause (1) of this section provides that no Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code except upon a complaint by some person aggrieved by the offence,  which in this case would be B or C.
• The reason being that the offences enumerated in this chapter relating to marriage are purely of a private character hence the section intends that strangers should not be allowed to intrude or interfere in the private life of persons.
• Sub-section (3) provides that if the complaint is sought to be made on behalf of a person under 18 years of age or of a lunatic or an idiot or is incapable of making a complaint because of sickness or infirmity etc. some other person may, with the leave of the Court, make a complaint on behalf of that person.
• Section 494 of the Indian Penal Code addresses the offence of a spouse marrying again during the existence of the first marriage often known as 'Bigamy'. Bigamy is a Non-cognizable offense.  Punishment is imprisonment, which may extend till 7 years or fine or both.

Additional Information

•  The offences relating to marriage as contained in Chapter XX, IPC and enumerated in this section are:-
• Deceitful cohabitation by man.(Section 493)
• Bigamy (Section 494);
• Bigamy with concealment of former marriage (Section 495).
• Fraudulently going through marriage ceremony without lawful marriage (Section 496); and
•  enticing etc. of a married women (Section 498).
• It is pertinent to note that Sec. 11 of the Hindu Marriage Act, 1955 makes a bigamous marriage void and Sec. 17 makes it a penal offence under Sec 494 and 495, Indian Penal Code.
• In Sarla Mudgal v. Union of India (1995), the Supreme Court held that if a man, who has adopted Islam and renounced the Hindu religion, marries again without taking divorce from the first wife, then such second marriage is not legal.

The correct answer is option 4.

Key Points

• As per Section 199 CrPC, if someone commits a serious offence against certain high-ranking officials like the President, Vice-President, Governor, or Ministers, or against public servants doing their job for the country, then a special court called the Court of Session can directly hear the case without it having to go through various preliminary stages.
• However, for this to happen, a written complaint by the Public Prosecutor is needed. This provision is an exception to the usual process outlined in the legal code for handling criminal cases.

Additional Information

•  In two cases, Sessions Court may take cognizance of an offence without the case being committed to it, namely: Section 199 and 319 of CrPC.
• Defamation is a statement that injures a third party's reputation. It is both a tort and an offence.

The correct option is Section 198.

Key Points

• Prosecution of offences against marriage:-
  • Section 198:-
    • This section pertains to the prosecution of offences against marriage.
    • It allows the husband of a woman, whose wife has been subjected to adultery to file a complaint in court.
    • Similarly, it allows certain relatives to file a complaint in cases where an offence has been committed against a married woman who is not living with her husband at the time of the offence.

• Section 197 of the CrPC talks about the prosecution of judges and public servants.
  • ​It deals with the sanction for the prosecution of judges and public servants for acts done in the discharge of their official duties.
  • This section lays down that certain public servants cannot be prosecuted for offences without the prior sanction of the government or the authority competent to remove them from service.
• Section 196:-
  • This section deals with the prosecution of offences against the State or public tranquillity.
  • It states that no court shall take cognizance of certain offences, including offences under Sections 124A (sedition) and 153A (promoting enmity between different groups) unless the government or a person authorized by the government on this behalf sanctions the prosecution.

All the three given options are covered by proviso (a) & (c) to Section 198(1) Cr.P.C. and Section 198(3) Cr.P.C.

Section 198 - Prosecution for offences against marriage

Correct answer is (2)

 Key PointsSection 190 of Criminal Procedure Code deals with the cognizance of offences by Magistrate.

(1)Any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub- section (2), may take cognizance of any offence-(a) upon receiving a complaint of facts which constitute the offence;

(b)upon a police report of such facts;

(c)upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub- section (1) of such offences as are within his competence to inquire into or try.

Additional Information “Taking cognizance” refers to being informed of an offence in order to begin legal action under Section 190 of the Criminal Procedure Code.The term “cognizance” refers to the moment the court first takes judicial notice of an offence by not only considering the information in the police report or complaint but also moving forward, as further described in Chapter XIV of the Criminal Procedure Code. 

In Hastimal v. State(1994) it was held that the order of magistrate under this section must be a speaking order. Thus a refusal to take cognizance must be a reasoned order.

The correct answer is The Husband or a person responsible for her care in his absence

Key Points 

• Adultery given under section 497 of the IPC.
• No court can take cognizance of the offence of Adultery except on the complaint made by the husband of the woman with whom the alleged adultery has been committed. This is because the offence of adultery is considered to be a violation of the husband's marital rights. The wife, on the other hand, is not considered to be an aggrieved person in such cases.
• This provision was struck down by the Supreme Court of India in 2018 in the case of Joseph Shine v. Union of India. The Court held that the provision was unconstitutional as it discriminated against women and violated their right to equality. However, the provision has not yet been repealed by the Parliament.