MUNSIFF MAGISTRATE 2001 PREVIOUS QUESTIONS PAPER IV
Time 2:30 hrs Marks 100
I Section 149 IPC is wider than Section 34. In it the joint liability is founded on 'common object', in Section 34, on 'common intention'. Both the sections deal with liability for constructive criminality. Elucidate pointing out differences, resemblances and overlapping, if any, of these two sections.(15 marks)
II Distinguish between
(a) Hurt and Grievous Hurt
(b) Criminal misappropriation and Criminal Breach of trust
(c) Wrongful restraint and Wrongful confinement(15 marks)
III What are the guiding principles to find out whether a case falls under Section 300 IPC or not?(8 marks)
IV Explain with illustration and citing the provisions in the Indian Penal Code, the limit of punishment of an offence involving several acts of which one or more would constitute separate offence or offences.(4 marks)
V Discuss the nature and ambit of the power of confiscation under Section 61A of the Kerala Forest Act.(5 marks)
VI Discuss the powers of police under the Kerala Police Act to deal with property suspected to be stolen.(5 marks)
VII (a) When a report of a Public Analyst is superseded by a certificate of Director of Central Food Laboratory, is it necessary to obtain fresh sanction to prosecute and re-commence the proceedings under the Prevention of Food Adulteration Act.
(b) Specify the defences that can be allowed and also defences, which are not allowed under the Prevention of Food Adulteration Act?(10 marks)
VIII (a) Write a paragraph on the objects of the Probation of Offenders Act.
(b) The accused was convicted for the offences punishable under Section 138 of the Negotiable Act and was thereupon sentenced to undergo simple imprisonment for three months and to pay fine of Rs.3,000/- and in default of payment to undergo imprisonment for a period of one month. Later accused filed an application to invoke Section 4 of the Probation of Offenders Act and to keep in abeyance the sentence passed during the period of probation to be determined by the Court. Decide the application briefly stating the reasons.
(c) Write short note about the duty cast on Court under section 6 of the Probation of Offenders Act.(15 marks)
IX (a) During patrol duty a police party found a person sitting in a bus station in suspicious circumstances. On questioning, there was no satisfactory answer. Police got his suitcase opened by him with the key taken from his pocket. It contained ganja weighing 13.15 Kg. It was only after that chance recovery of the articles found in the suitcase; the police party could confirm that it ws ganja. Search was over by that time. He was tried for offences punishable under Section 20(b)(i) of NDPS Act. Accused raised a defence that there was violation of Section 50 of the Act in so far as he was not asked at the time of search whether he required to be taken to the nearest gazetted officer or the nearest magistrate. Decide the points of defence.
(b) State the procedure to be followed by a magistrate under Section 57 of the Kerala Forest Act, when the offender is not known or cannot be found out.
(c) A person was found transporting arrack. Section 8(1) of the Abkari Act prohibits that act, making it punishable under Section 8(2) with imprisonment upto ten years and fine and of Rs.1,00,000/-. The very same act is also an offence under Section 55 providing equal punishment under that section separately? Can he be punished under both the sections?(15 marks)
X "Section 41A of the Abkari Act is inparimateria with Section 37 of the NDPS Act" Elucidate.(8 marks)