Code of Criminal Procedure 1898 | Law GAT MCQs Test 5

1. Question 1 of 50

   Section 417 (as historically framed) deals with an appeal against an order of:

   A Acquittal B Dismissal of a bail application only C Conviction only D Grant of security under Chapter VIII only
2. Question 2 of 50

   Section 429 provides the procedure to be followed where, in an appeal heard by a bench of two or more judges, the judges are:

   A Unanimous, requiring no special procedure B Disqualified from hearing the matter at all C Equally divided in opinion D All absent from the hearing
3. Question 3 of 50

   Chapter XXXIX, taken as a whole, provides the statutory framework governing the:

   A Hearing of civil appeals B Framing of charges before trial C Grant, refusal and cancellation of bail in criminal proceedings D Recording of dying declarations
4. Question 4 of 50

   An appeal against an order of acquittal, particularly one filed by a private complainant, generally requires:

   A Leave of the trial Magistrate only B No leave of any court whatsoever C Leave of the investigating police officer only D Special leave of the High Court
5. Question 5 of 50

   An appellate court, in an appeal against conviction, may also examine the propriety of the:

   A Complainant's personal character only, with no bearing on sentence B Original FIR's registration number only C Investigating officer's promotion prospects D Sentence imposed, in addition to the finding of guilt
6. Question 6 of 50

   Section 497 governs the grant of bail in cases involving:

   A Appeals only B Civil suits only C Bailable offences exclusively D Non-bailable offences
7. Question 7 of 50

   Section 497(5) empowers the court to:

   A Dismiss the FIR permanently B Grant bail automatically with no discretion in every case C Convict the accused without trial D Cancel bail already granted to an accused person
8. Question 8 of 50

   Section 496 provides that a person accused of a bailable offence shall, if he is prepared to give bail, be:

   A Detained regardless of any bail offered B Released only at the absolute discretion of the court, with no right involved C Released only after conviction D Released on bail as a matter of right
9. Question 9 of 50

   An appellate court's power to order a retrial under Chapter XXXI is generally exercised where:

   A The accused was acquitted and the prosecution has no further evidence to offer B The complainant requests it for no legal reason C There has been a material irregularity or defect vitiating the original trial D The appellate court simply disagrees with counsel's oratory style
10. Question 10 of 50

    An appeal from a conviction by a Magistrate generally lies to the:

    A The complainant personally B Supreme Court directly in every case C Federal Shariat Court exclusively in every case D Court of Session
11. Question 11 of 50

    Section 431 deals with the effect of the death of an appellant on the pendency of an:

    A Security proceeding under Chapter VIII only B FIR investigation only C Appeal D Bail application only, with no bearing on the appeal itself
12. Question 12 of 50

    An appeal must generally be presented within the period of limitation prescribed by:

    A No time limit whatsoever, being open perpetually B The Penal Code exclusively C The Constitution exclusively, with no separate statute involved D The Limitation Act (or specific provisions of the Cr.P.C. itself)
13. Question 13 of 50

    An appeal from a conviction by a Court of Session generally lies to the:

    A High Court B Public Prosecutor C Magistrate of the First Class D Investigating police officer
14. Question 14 of 50

    Anticipatory (pre-arrest) bail, though not explicitly codified as such in the original 1898 scheme, has generally been developed in Pakistan through:

    A The Penal Code exclusively B The Constitution alone, with no reference to the Cr.P.C. whatsoever C An explicit standalone chapter of the Cr.P.C. titled 'Anticipatory Bail' D The inherent/wider jurisdiction of the High Court and Sessions Court under provisions such as Section 498
15. Question 15 of 50

    Section 421 empowers an appellate court, upon perusal of the petition of appeal and the judgment, to:

    A Refer the matter permanently to arbitration B Automatically acquit the accused without hearing anyone C Automatically enhance the sentence without hearing anyone D Summarily dismiss the appeal if it considers there is no sufficient ground for interference
16. Question 16 of 50

    Under Chapter XXXI, orders passed by an appellate court are, subject to certain exceptions such as reference to the High Court, generally treated as:

    A Final B Automatically suspended pending Presidential review C Automatically void D Always open to unlimited further appeal without restriction
17. Question 17 of 50

    An appeal, as distinguished from a revision, is generally understood to be:

    A Identical in every respect to a revision, with no meaningful distinction B A substantive right conferred by statute, whereas revision is a discretionary supervisory jurisdiction C Available only in civil, not criminal, matters D Available only to the prosecution, and never to the accused
18. Question 18 of 50

    Bail already granted may be cancelled on grounds such as:

    A Misuse of liberty, tampering with evidence, or attempts to influence witnesses B The accused's promotion at work C The accused simply attending court regularly with no violation D The complainant's mere personal dislike of the accused
19. Question 19 of 50

    Sureties furnished for a bail bond are generally required to be persons of:

    A Relation to the complainant only B No means whatsoever C Relation to the investigating officer only D Sufficient means and standing satisfactory to the court
20. Question 20 of 50

    Under Section 497, bail in a non-bailable offence punishable with death or imprisonment for life is generally refused where there appear to be:

    A Only technical defects in the FIR B Only a delay in filing the charge-sheet C No grounds whatsoever, as bail must always be granted regardless D Reasonable grounds for believing that the accused has been guilty of such an offence
21. Question 21 of 50

    A memorandum of appeal presented under Chapter XXXI is generally required to be accompanied by a copy of the:

    A Judgment or order appealed against B Bail bond only C Original FIR only, with no judgment attached D Security bond under Chapter VIII only
22. Question 22 of 50

    A bail bond executed under Chapter XXXIX generally remains in force:

    A Throughout the proceedings until the case is concluded, unless cancelled earlier B Only until the charge-sheet is filed, automatically lapsing thereafter with no further effect C For exactly twenty-four hours only D Only until the FIR is registered
23. Question 23 of 50

    Bail in a bailable offence under Section 496 is generally regarded as:

    A Available only to first-time offenders B A right of the accused, not a matter of judicial discretion C Entirely discretionary, exactly like bail in non-bailable offences D Available only after the trial concludes
24. Question 24 of 50

    The overall object of Chapter XXXI is to provide a structured mechanism for:

    A Correction of errors of fact or law by a superior criminal court B The grant of anticipatory bail exclusively C The initial recording of the FIR D The initial framing of charges by the trial court
25. Question 25 of 50

    An appeal against conviction ordinarily allows the appellate court to review both questions of:

    A Law only, never fact B Neither fact nor law, only procedure C Fact only, never law D Fact and law
26. Question 26 of 50

    In deciding a bail application under Section 497, courts generally consider factors including the:

    A Nature and gravity of the offence, evidence available, and likelihood of the accused tampering with evidence or absconding B Complainant's personal wealth alone C Colour of the accused's clothing at the time of arrest D Investigating officer's length of service alone
27. Question 27 of 50

    Chapter XXXIX of the Cr.P.C. deals with:

    A Security for keeping the peace B Bail C Public nuisance D Appeals
28. Question 28 of 50

    Where an appellate court alters a finding of guilt from one offence to another while maintaining the sentence, this reflects the court's power, under Chapter XXXI, to:

    A Refer the matter for a completely fresh FIR B Alter the finding while maintaining or altering the sentence, subject to the law C Only acquit the accused outright with no alternative D Only affirm the trial court's judgment verbatim with no changes permitted
29. Question 29 of 50

    Under Section 497, special consideration for the grant of bail is generally given to categories of accused persons such as:

    A Habitual offenders exclusively B Minors, women, and the sick or infirm C Proclaimed offenders exclusively D Persons who have already been convicted twice
30. Question 30 of 50

    Bail pending appeal, when granted, is generally intended to balance the appellant's personal liberty against the:

    A Interests of justice, including the risk of absconding or interference with the process of the court B Complainant's financial interest alone C Personal preference of the investigating officer alone D Convenience of the appellate court's schedule alone
31. Question 31 of 50

    The essential object of bail, as recognized under Chapter XXXIX, is to secure the:

    A Permanent detention of the accused regardless of trial outcome B Automatic compounding of the offence C Due attendance of the accused at trial, rather than to punish him before conviction D Immediate punishment of the accused before any trial
32. Question 32 of 50

    Section 428 empowers an appellate court, if it thinks additional evidence is necessary, to:

    A Refuse to consider any evidence beyond the original trial record under any circumstance B Take such evidence itself or direct it to be taken by a subordinate court C Automatically dismiss the appeal instead D Refer the matter to a civil court for a fresh suit
33. Question 33 of 50

    Section 500 deals with the:

    A Framing of a charge B Recording of a confession C Discharge of a person from custody upon giving bail bond D Grant of anticipatory bail exclusively
34. Question 34 of 50

    Pending the disposal of an appeal, the appellate court, or the court that convicted the accused, generally has the power to:

    A Only grant bail after the appeal is finally decided B Only refuse bail in every circumstance without discretion C Suspend the sentence and release the appellant on bail D Only grant bail with the complainant's personal consent
35. Question 35 of 50

    Section 501 permits, in certain circumstances, the deposit of money instead of executing a:

    A Memorandum of appeal B Bond with sureties C Charge-sheet D FIR
36. Question 36 of 50

    Section 498 confers on the High Court and the Court of Session a:

    A Power only to dismiss bail applications with no power to grant B Special/wider power to direct that any person be admitted to bail C Power limited strictly to bailable offences only, identical to Magistrates' powers D No power over bail matters whatsoever
37. Question 37 of 50

    Section 502 deals with the procedure to be followed upon:

    A Grant of an appeal against acquittal B Forfeiture of a bail bond for breach of its conditions C Issue of a search-warrant under Section 96 D Recording of information under Section 154
38. Question 38 of 50

    Ordinarily, no appeal lies from an interlocutory order passed in the course of a criminal proceeding, since such orders do not finally dispose of the:

    A Bail bond amount only B Rights of the parties in respect of the main matter in controversy C Court fee payable D Original FIR
39. Question 39 of 50

    Section 423 sets out the powers of the appellate court after hearing the appeal, which include the power to:

    A Only refer the case to Parliament B Only confirm the judgment, with no other option available C Only order compounding of the offence D Reverse the finding and acquit or discharge the accused, or order a retrial, or alter the finding while maintaining or altering the sentence
40. Question 40 of 50

    Under Section 497, bail may also be granted where further inquiry into the guilt of the accused is required, even in an offence punishable with:

    A Only a fine, since such cases never require further inquiry B No punishment at all C Only imprisonment up to six months D Death or imprisonment for life, in appropriate circumstances
41. Question 41 of 50

    Appellate courts generally exercise a degree of caution before interfering with an order of acquittal because of the:

    A Automatic requirement to always convict on appeal B Rule that acquittal appeals are heard only by the trial Magistrate himself C Complete absence of any legal standard to be applied D Presumption of innocence which is reinforced once an accused has been acquitted
42. Question 42 of 50

    Section 499 requires that the amount of every bond executed under Chapter XXXIX be fixed with due regard to the circumstances of the case, and must not be:

    A Below a fixed statutory minimum in every single case B Deposited only with the complainant personally C Paid in foreign currency exclusively D Excessive
43. Question 43 of 50

    The grant of bail proceeds on the general presumption that an accused person is:

    A Presumed guilty until he proves his innocence B Presumed innocent until proven guilty C Automatically guilty if a non-bailable offence is alleged D Irrelevant to any presumption at all under the Code
44. Question 44 of 50

    Where the accused fails to comply with the conditions of a bail bond, the bond is liable to be:

    A Automatically cancelled with no financial consequence whatsoever B Converted automatically into a fresh FIR C Converted automatically into an appeal D Forfeited, with the surety or accused liable to pay the penalty specified
45. Question 45 of 50

    Excessive bail amounts are specifically prohibited under Section 499 so as to avoid:

    A Reducing the workload of the appellate court B Bail being rendered illusory or an instrument of oppression against the accused C Reducing the workload of the police D Encouraging habitual offenders
46. Question 46 of 50

    Where the Government considers a sentence inadequate, it may direct the Public Prosecutor to present an appeal for:

    A Automatic compounding of the offence B Automatic reduction of the sentence with no hearing C Transfer of the case to a civil court D Enhancement of the sentence
47. Question 47 of 50

    The distinction between bail under Section 496 and bail under Section 497 primarily turns on whether the offence in question is:

    A Bailable or non-bailable B Summons-case or warrant-case only, with no reference to bailability C Cognizable or non-cognizable only, with no reference to bailability D Triable by a Magistrate or by the High Court only
48. Question 48 of 50

    Under Chapter XXXI, an appellate court has the power to enhance a sentence in appropriate cases, but this generally requires that the accused be given:

    A Only a written apology with no hearing B Notice and an opportunity to show cause against such enhancement C Automatic consent, deemed given by law D No notice whatsoever
49. Question 49 of 50

    A proviso to Section 497 generally addresses the entitlement of an accused to bail where the trial has not concluded within a prescribed period and the accused has been in custody for a specified duration, often referred to as statutory or default bail based on:

    A The investigating officer's promotion B Delay in the conclusion of trial/investigation C The complainant's consent alone D The accused's personal wealth alone
50. Question 50 of 50

    Generally, no appeal lies against a conviction based on a plea of guilty recorded by a competent court, except as to the:

    A Validity of the arrest alone B Facts of the case, in every circumstance C Extent or legality of the sentence D Existence of the FIR

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