Chapter 17 of the Code of Criminal Procedure, 1898, focuses on the procedural aspects of initiating legal proceedings before a court. This includes the issuance of processes such as summons and warrants to ensure the accused’s presence and outlines the magistrate’s discretion regarding personal attendance. It also establishes prerequisites such as fee payment for the issuance of process and highlights exceptions under specific sections like Section 90.
Multiple-Choice Questions (MCQs)
- Under which section is the issuance of a summons or warrant discussed in Chapter XVII?
- (a) Section 200
- (b) Section 204
- (c) Section 205
- (d) Section 202
Answer: (b) Section 204
- What is the condition for issuing a process under Section 204?
- (a) Approval of the prosecutor
- (b) Payment of process fees
- (c) Sufficient ground for proceeding
- (d) Filing of an appeal
Answer: (c) Sufficient ground for proceeding
- What happens if the process fees required under Section 204 are not paid within a reasonable time?
- (a) The case is stayed.
- (b) The complaint is dismissed.
- (c) The magistrate can impose penalties.
- (d) The process is issued regardless.
Answer: (b) The complaint is dismissed.
- Which section allows a magistrate to dispense with the personal attendance of the accused?
- (a) Section 204
- (b) Section 205
- (c) Section 206
- (d) Section 202
Answer: (b) Section 205
- Can a magistrate require the accused to appear in person at any stage after allowing representation through a pleader?
- (a) No, once dispensed, it cannot be changed.
- (b) Yes, if necessary for proceedings.
- (c) Only upon specific request of the prosecutor.
- (d) Only during the final judgment.
Answer: (b) Yes, if necessary for proceedings.
- What provision ensures that Section 204 does not affect other laws?
- (a) Section 205
- (b) Section 90
- (c) Section 206
- (d) Section 203
Answer: (b) Section 90