HIGH COURT OF KERALA
WRITTEN EXAMINATION FOR SELECTION OF MUNSIFF-MAGISTRATE
Time:2:30hrs Marks: 100
I (a) Discuss the ambit and scope of enquiry under Section 202 of the Cr.PC.
(b) Can a magistrate forward a complaint to the police for investigation when the offence complained of is exclusively triable by a Court of Session?
(c) What is the procedure to be followed when there is a complaint case and police investigation in respect of the same offence?(10 marks)
II (a) What shall be contents of charge? What are the particulars to be specifically mentioned in the charge framed? Explain with specific reference to the provisions in the Code of Criminal Procedure, 1973.(7 marks)
(b) What are the guiding principles for grant of bail to a person accused of or suspected of commission of non-bailable offence? What are the circumstances under which bail can be refused in such case? Explain with relevant case law.(8 marks)
III (a) Two cases were registered in connection with a political clash. Members of either group figured as an accused persons in these two cases respectively. Both the cases were being tried by the same Magistrate. The Public Prosecutor relying on a suggestion from the Government, filed an application under Section 321 Cr.P.C to withdraw from prosecution of one among the said two cases. Write the order deciding that application with due advertence to the functions of the Public Prosecutor, role of the Government, the duty of Court, the ultimate guiding principle to be followed by Court etc. in such situation, relying on case law.(6 marks)
(b) Describe the procedure for trial of warrant cases instituted otherwise than on a Police Report. Is an accused entitled to cross-examine the prosecution witnesses examined under Section 344 of the CrPC as a matter of right?(7 marks)
IV Write short notes on any four of the following:
(1) Warrant in lieu of and in addition to summons.
(2) Compounding of Offences.
(3) Anticipatory Bail.
(4) Abatement of appeals.
(5) Summary trials.(12 marks)
V Answer the following:
(a) What are the protections ensured to a person facing criminal trial, by the Constitution of India?
(b) 'Mens rea' may exist without an 'actus reus', but if the 'actus reus' of a particular crime does not exist or occur, that crime is not committed. Explain this proposition with an illustration and with specific reference to the definitions of 'actus reus' and 'mens rea'.
(c) Does the maxim 'Res Judicata proveritata accipitur' apply to criminal proceedings? Explain your answer with case law.(15 marks)
VI What are the conditions to be satisfied to deem any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer and to make it admissible as evidence of any contents of the original or of any fact stated therein without further proof or production of the Original.(10 marks)
VII (a) When oral admission as to the contents of documents are relevant?
(b) What is the presumption as to abetment of suicide by a married woman?(10 marks)
VIII Write short notes on:
(a) Hostile witness
(b) Refreshing memory
(c) Dying Declarations
(d) Hearsay Evidence
(e) Public Documents(15 marks)