Code of Criminal Procedure, 1973 Overview

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Questions and Answers

What does the term 'victim' specifically refer to in the context provided?

Any individual involved in a legal case

A person who has committed an offense

An individual representing the prosecution

A person who has suffered loss or injury due to the accused's actions (correct)

Which type of case is characterized as a 'summons-case'?

A case related to offenses that are not warrant-cases (correct)

A case regarding offenses punishable by death

A case where the accused has not been identified

A case requiring immediate arrest of the accused

What distinguishes a 'warrant-case' from other types of cases?

It includes offenses punishable by death or lengthy imprisonment (correct)

It exclusively involves civil disputes

It requires no initiation of legal procedures

It is punishable by imprisonment for less than two years

What does the term 'sub-division' refer to in the context provided?

A lesser administrative region within a district Signup and view all the answers

Which definition is accurate for 'Public Prosecutor' based on the provided information?

An individual appointed under section 24 to act on behalf of the state Signup and view all the answers

What determines the place of trial when an offence is committed outside the local jurisdiction?

The local law of the jurisdiction where the offence occurred Signup and view all the answers

Under which circumstances can an offence be cognizable by Magistrates?

Based on specific legislative provisions Signup and view all the answers

What is the appropriate procedure if a Magistrate is not competent to take cognizance of a case?

The Magistrate must follow specific procedures outlined in the code Signup and view all the answers

What does Section 190 cover regarding the initiation of proceedings?

Cognizance of offences by Magistrates Signup and view all the answers

What is necessary for the examination of a complainant as per the legal provisions?

The complainant must provide sufficient evidence Signup and view all the answers

Which provision allows for the transfer of cases due to an application from the accused?

Section 192 Signup and view all the answers

What is the purpose of Section 204 in proceedings before Magistrates?

To issue process for the accused Signup and view all the answers

What is the main focus of Chapter XIV in the legal provisions specified?

Conditions requisite for the initiation of proceedings Signup and view all the answers

What is the short title of the Act that consolidates and amends the law related to Criminal Procedure in India?

Code of Criminal Procedure, 1973 Signup and view all the answers

To which regions does the Code of Criminal Procedure, 1973 not apply unless specified by the State Government?

State of Nagaland and tribal areas Signup and view all the answers

When did the Code of Criminal Procedure, 1973 come into force?

1st April, 1974 Signup and view all the answers

Which chapters of the Code of Criminal Procedure, 1973 are excluded from applicability in Nagaland and tribal areas?

Chapters VIII, X, and XI Signup and view all the answers

What is the significant date referenced for tribal areas in the explanation provided in the Code?

21st January, 1972 Signup and view all the answers

What amendment was made in the Code of Criminal Procedure concerning Haryana?

Extension to Union Territory of Chandigarh Signup and view all the answers

Which year was the Code of Criminal Procedure amended to include provisions for Haryana?

2014 Signup and view all the answers

In the context of the Code of Criminal Procedure, what does the term 'tribal areas' specifically refer to?

Areas included in the tribal areas of Assam before 1972 Signup and view all the answers

What is required for an area to be declared a metropolitan area?

It must have a population exceeding one million. Signup and view all the answers

What authority does the State Government have over district divisions?

It can alter the limits or number of divisions after consulting the High Court. Signup and view all the answers

Which of the following cities is deemed a metropolitan area as of the commencement of this Code?

Ahmedabad Signup and view all the answers

If the population of a declared metropolitan area falls below one million, what happens?

It ceases to be a metropolitan area as specified by the State Government. Signup and view all the answers

What happens to pending inquiries, trials, or appeals if a metropolitan area ceases to exist?

They will continue to be dealt with under the existing Code. Signup and view all the answers

How may the State Government modify the limits of a metropolitan area?

By notification, but must not reduce the population below one million. Signup and view all the answers

What is established under the Code for every sessions division?

It shall be a district or consist of districts. Signup and view all the answers

What stipulation exists regarding the formation of sessions divisions?

They must be formed under guidance from the High Court. Signup and view all the answers

Who appoints the presiding officers of Metropolitan Courts?

The High Court Signup and view all the answers

What is the jurisdiction of a Chief Metropolitan Magistrate?

Throughout the metropolitan area Signup and view all the answers

What powers can be conferred to Special Metropolitan Magistrates?

Powers of a Metropolitan Magistrate Signup and view all the answers

How long can a Special Metropolitan Magistrate be appointed for at one time?

One year Signup and view all the answers

Who is the Chief Metropolitan Magistrate subordinate to?

The Sessions Judge Signup and view all the answers

What is required for an individual to be conferred powers as a Special Metropolitan Magistrate?

Qualifications in relation to legal affairs Signup and view all the answers

Which of the following can the High Court do regarding Special Metropolitan Magistrates?

Confer powers concerning any metropolitan area within its local jurisdiction Signup and view all the answers

Which magistrate holds powers equivalent to a Judicial Magistrate of the first class in local areas outside of the metropolitan area?

Special Metropolitan Magistrate Signup and view all the answers

Study Notes

### The Code of Criminal Procedure, 1973

The Code of Criminal Procedure, 1973 (CrPC) is an act that consolidates and amends the law related to criminal procedure in India.
Passed by Parliament on 25th January, 1974, it came into effect on April 1st, 1974.
The act covers a wide range of criminal procedures, including:
- Investigation, arrest, bail, and trial.
- The role of magistrates, judges, and police.
- The rights of accused persons.
- Sentencing and appeals.
The CrPC applies to the whole of India, with some exceptions for specific regions like Nagaland and tribal areas.
State governments can apply the CrPC to these areas with certain modifications.
The act defines various terms related to criminal procedures:
- Sessions division: A geographical division of a state that includes one or more districts.
- District: A smaller geographical division of a state that falls under a sessions division for the purposes of the CrPC.
- Metropolitan area: An area with a population exceeding one million, treated separately for CrPC purposes.
- Sub-division: Areas within a district.
- Summons-case: A case where the accused is summoned to court without a warrant.
- Warrant-case: A case where the offence is serious enough to warrant the accused's arrest.
- Victim: A person who has suffered harm as a result of the alleged crime.
The act outlines the establishment and jurisdiction of various courts involved in criminal processes:
- Metropolitan Magistrates: Courts primarily responsible for handling cases within a metropolitan area.
- Chief Metropolitan Magistrate: The presiding officer appointed by the High Court to oversee other Metropolitan Magistrates within the metropolitan area.
- Special Metropolitan Magistrates: Appointed by High Courts, they handle specific cases based on expertise.
- Metropolitan Magistrates: Operating under the general control of the City Sessions Judge, they handle cases under the CrPC and other relevant laws.
- Additional Chief Metropolitan Magistrates: Appointed by the High Court, they function under the Chief Metropolitan Magistrate.

### Jurisdiction and Powers of Courts

The High Court appoints the presiding officers for the Metropolitan Magistrates and other specified courts.
Jurisdiction of each court is determined by its geographical location and specific legal mandate.
Chief Metropolitan Magistrates and Additional Chief Metropolitan Magistrates are subordinate to the Sessions Judge.
Other Metropolitan Magistrates are subordinate to the Chief Metropolitan Magistrate, subject to the overall control of the Sessions Judge.

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Description

This quiz covers key aspects of the Code of Criminal Procedure, 1973 in India, including its implementation and significant provisions such as investigation, arrest, and the rights of the accused. Test your knowledge on the roles of magistrates and judges, as well as the procedures for sentencing and appeals. Dive into the framework that governs criminal law in India.