Information To The Police And Their Powers To Investigate MCQ Quiz in मराठी - Objective Question with Answer for Information To The Police And Their Powers To Investigate - मोफत PDF डाउनलोड करा

The correct answer is option 3.Key Points

• Section 157 of Criminal Procedure Code 1973 deals with procedure for investigation.
• It says if, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender.
• Provided that:
  • When information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot;
  • If it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case.
    • Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality.

The correct answer is such superior officer of police as the State Government may appoint in this behalf.

Key Points

• Section 158 of the Code of Criminal Procedure, 1973, provides for Report how submitted.
• It states that —(1) Every report sent to a Magistrate under section 157 shall, if the State Government so directs, be submitted through such superior officer of police as the State Government, by general or special order, appoints in that behalf.
  (2) Such superior officer may give such instructions to the officer in charge of the police station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.

The correct option is Neither I nor II.

Key Points

• Section 164 of the Code of Criminal Procedure pertains to the recording of statements by Magistrates.
• A non-confessional statement recorded under Section 164 is a statement made by a person before a Magistrate that does not involve an admissibility or confession to a crime.
• Section 164 of the CrPC empowers a Magistrate to record the statements of witnesses or accused persons during an investigation.
• These statements are considered to be important pieces of evidence in criminal proceedings.
• The term "non-confessional" is used to distinguish statements that do not contain an admissibility or confession from those that do.
• When a person is produced before a Magistrate, the Magistrate has the authority to record the person's statement under oath.
• This process is crucial for ensuring the reliability and admissibility of the statement in court.
• A confessional statement involves an admissibility or the commission of a crime by the person making the statement.
• It is important to note that the recording of statements under Section 164 is conducted in a manner that safeguards the rights of the person making the statement and it serves as a mechanism to prevent coercion or undue influence.
• The statements recorded under Section 164 can be used as evidence during the trial and they carry significant weight in legal proceedings.

The correct option is I, II and III.

Key Points

• The Code of Criminal Procedure in section 154 outlines the procedure for the recording of the First Information Report (FIR) in cognizable offences.
• According to this section 154:-
  1. Information to be in Writing:-
     • The information given to a police officer concerning the commission of a cognizable offence must be reduced to writing.
  2. Signature of the Informant:-
     • The person giving the information is required to sign the information. This signature serves as a way to authenticate the information and establish the identity of the person providing it.
  3. Recording by the Police Officer:-
     • The police officer to whom the information is given is then obligated to record the information in writing.
• If the information is given orally the police officer is required to reduce it to writing.
• The purpose of obtaining the signature is to ensure that the information is given voluntarily and is not a result of coercion.
• It adds a level of accountability to the information provided.

The correct answer is option 3.Key Points

• In many legal systems, including India, the process of authorizing the detention of an accused in police custody involves certain procedural safeguards to protect the rights of the accused. The accused must be produced before a magistrate in person, and this requirement is usually grounded in principles of fairness, human rights, and the prevention of arbitrary detention. 
• The magistrate may grant the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole.
• Section 167(2) (a) says the Magistrate may authorise the detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in Judicial custody under this paragraph for a total period exceeding:
  •  Ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years
  • Sixty days, where the investigation relates to any other offence 

 Additional Information

• No Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police.

The correct answer Option 4

Key Points Section 167(2) CrPC:
167(2)(a):

• The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorize the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:
• Provided that the Magistrate may authorize the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorize the detention of the accused person in custody under this paragraph for a total period exceeding,—
  • ninety days, where the investigation relates to an offense punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;
  • sixty days, where the investigation relates to any other offense, and
  • on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail;

Hence, under Section 167(2) of the CrPC, the accused is entitled to default bail if the investigation is not completed within the specified period.

The correct answer is Option 1 

Key Points Section 190 CrPC:

• Section 190(1) states that 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 offense:
  • upon receiving a complaint of facts which constitute such offense;
  •  upon a police report of such facts;
  • upon information received from any person other than a police officer, or upon his own knowledge, that such offense has been committed.
• This section clearly focuses on the facts constituting the offense rather than the individual who committed it.
• Section 193 CrPC: 

Section 193 provides that the Court of Session shall not take cognizance of any offense as a court of original jurisdiction unless the case has been committed to it by a Magistrate under this Code.

• The emphasis here is also on the offense being brought to the court’s attention through proper legal procedures, indicating the court's focus on the offense itself.

Judicial Interpretation:

• The courts have consistently interpreted that taking cognizance under these sections means that the court applies its mind to the facts of the case to determine whether an offense has been committed, rather than focusing on the individuals involved.
• The decision to prosecute or further investigate is based on the nature of the offense and the evidence presented, not solely on identifying the offender at this stage.

Therefore, the act of taking cognizance under Sections 190/193 CrPC pertains to the offense itself, making the correct answer (1) the offense.

The correct answer is option 4.

Key Points

• Section 173(1A) of CrPC provides that the investigation in relation to an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station.
• Section 2 (h) of Cr. P.C - “Investigation" includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a magistrate in this behalf”.
• Investigation is a pre-trial stage.

The correct option is the person giving it.

Key Points

• The Code of Criminal Procedure in section 154 outlines the procedure for the recording of the First Information Report (FIR) in cognizable offences.
• According to this section 154:-
  1. Information to be in Writing:- The information given to a police officer concerning the commission of a cognizable offence must be reduced to writing.
  2. Signature of the Informant:-The person giving the information is required to sign the information.This signature serves as a way to authenticate the information and establish the identity of the person providing it.
  3. Recording by the Police Officer:- The police officer to whom the information is given is then obligated to record the information in writing.

• If the information is given orally the police officer is required to reduce it to writing.
• The purpose of obtaining the signature is to ensure that the information is given voluntarily and is not a result of coercion.
• It adds a level of accountability to the information provided.

Explanation- Section 154 of the criminal procedure code specifically says that every information relating to cognizable offence shall be signed by the person giving it whether given in writing or reduced to writing and its substance later shall be recorded in a book to be kept by such officer in such form as the state government may prescribe in this behalf.