Code of Criminal Procedure, 1898 Batch 6 of 6 MCQs

1. Question 1 of 63

   Pakistani superior courts have clarified that Section 512 permits recording witness depositions in an absconder's absence, but this:

   A Amounts to a full trial in absentia, allowing conviction B Does NOT amount to a trial in absentia — its sole purpose is to preserve evidence for use once the accused is actually apprehended and tried C Automatically results in the absconder's conviction once he is later caught D Replaces the need for any further trial once he is arrested
2. Question 2 of 63

   Under Section 410, an appeal from a sentence passed by a Court of Session lies to the:

   A Federal Shariat Court directly B High Court C Supreme Court directly, bypassing the High Court D Same Sessions Court on review
3. Question 3 of 63

   Under Section 439(2), no order may be made under this section to the prejudice of the accused unless:

   A The complainant specifically requests it B He has had an opportunity of being heard, personally or by pleader, in his own defence C The original trial court agrees D A full re-trial is first conducted
4. Question 4 of 63

   Pakistani courts have held that in exercising Section 561-A jurisdiction to quash proceedings before trial, the High Court must:

   A Conduct a full mini-trial and assess all evidence B Only ever refuse quashment, never grant it C Delegate the decision entirely to the police D Consider the allegations at their face value, without evaluating evidence yet to come at trial
5. Question 5 of 63

   Under Section 537, a finding, sentence, or order is generally NOT to be reversed merely on account of an error, omission, or irregularity in the charge or other proceedings, unless:

   A The error has in fact occasioned a failure of justice B Any error occurred at all, however minor C The defence formally objects within 24 hours D The trial exceeded six months in duration
6. Question 6 of 63

   Under Section 464, when a Magistrate holding an inquiry or trial has reason to believe the accused is of unsound mind and incapable of making his defence, the Magistrate must have him examined by:

   A Any general practitioner of the accused's choosing B The Civil Surgeon of the district, or such other medical officer as the Government directs C A panel of three retired judges D The complainant's own physician
7. Question 7 of 63

   Under Section 497(1), a person accused of a non-bailable offence shall NOT be released on bail if there appear reasonable grounds for believing he is guilty of an offence punishable with:

   A A fine only B Simple imprisonment under one year C Death, imprisonment for life, or imprisonment for ten years D Any offence whatsoever, without exception
8. Question 8 of 63

   Section 529 lists certain irregularities in criminal proceedings (such as specific procedural missteps by a Magistrate without proper authority) that:

   A Automatically void the entire proceeding regardless of prejudice caused B Require an automatic retrial in every instance C Do not, by themselves, vitiate the proceedings D Can never be raised on appeal
9. Question 9 of 63

   Under Section 418, an appeal may lie on a matter of fact as well as a matter of law, and the alleged severity of a sentence is treated as:

   A Neither a fact nor a law question — sentence severity cannot be appealed at all B A matter of fact only C A matter of law D Relevant only in a mercy petition, never an appeal
10. Question 10 of 63

    Section 514-A addresses procedure when a surety to a bond:

    A Simply changes his mind about the arrangement B Moves to a different city C Requests early release from the obligation without cause D Becomes insolvent or dies, or the bond is otherwise forfeited
11. Question 11 of 63

    Under the proviso to Section 421(1), an appeal presented under Section 419 shall NOT be dismissed summarily unless:

    A The appellant or his pleader has had a reasonable opportunity of being heard in support of it B It is filed more than 90 days late C The complainant consents to the dismissal D The original trial judge recommends dismissal
12. Question 12 of 63

    Under Section 404, no appeal lies from any judgment or order of a criminal court:

    A Except as provided by the Code or any other law for the time being in force B Under any circumstances C If the sentence is less than one year D Unless the High Court grants special permission in advance
13. Question 13 of 63

    Under Section 526, before the High Court may itself withdraw and try a case (rather than merely transferring it), the section requires that:

    A No notice to the Public Prosecutor is needed B Only the accused's consent is required C Notice must be given to the Public Prosecutor of the application, with the Court retaining discretion to adjourn on such application D The trial must already be more than halfway complete
14. Question 14 of 63

    Under Section 539, affidavits for use before a criminal court may be sworn before:

    A Only the presiding Judge personally, with no other option B Any private citizen willing to notarise C Persons and in the manner the Court and law specify (e.g., Magistrates, Oath Commissioners) D Only a police officer of Inspector rank or above
15. Question 15 of 63

    Under Section 514, if a bond (for appearance, security, or similar purpose) is forfeited, the Court may call upon the person bound to pay the penalty, and if it is not paid, the Court may:

    A Proceed to recover the amount by sale of the person's movable property, or by imprisonment in default B Take no further action, treating the matter as closed C Automatically double the bond amount as a penalty D Refer the matter exclusively to a civil court, with no criminal-court enforcement power
16. Question 16 of 63

    Section 491 empowers certain courts to issue directions of the nature of a writ of:

    A Certiorari only B Mandamus only C Prohibition only D Habeas corpus
17. Question 17 of 63

    The Supreme Court (M.S. Khawaja, PLD 1965 SC 587) established that the core test in a Section 561-A quashment proceeding is:

    A Whether continuance of the proceedings would amount to an abuse of the process of the Court B Whether the accused personally requests quashment C Whether the complainant has since passed away D Whether the offence carries a sentence under three years
18. Question 18 of 63

    The Sindh High Court has clarified that Section 561-A's inherent jurisdiction applies specifically to:

    A Judicial or court proceedings, not to FIR registration or police investigation proceedings themselves B FIR registration and police investigation proceedings directly C Only Sessions Court proceedings D Any proceeding whatsoever, without limitation
19. Question 19 of 63

    Under Section 470, when a person is acquitted on the ground of unsoundness of mind, the finding must specifically state:

    A Whether or not he committed the act alleged B Nothing further beyond the bare acquittal C The exact medical diagnosis in full clinical detail D The name of the treating psychiatrist only
20. Question 20 of 63

    Under Section 495, permission for a private person to conduct a prosecution (instead of, or alongside, the Public Prosecutor) may be granted by the Court, but that private prosecutor generally acts:

    A With full independent authority, superseding the Public Prosecutor entirely B Subject to the directions of the Public Prosecutor C Only after the Public Prosecutor formally resigns from the case D Only in cases involving property disputes
21. Question 21 of 63

    Under Section 528, the power to withdraw a case from an Assistant Sessions Judge belongs to:

    A Only the High Court B Only the Provincial Government C Any Sessions Judge in the Province, regardless of jurisdiction D The Sessions Judge, within whose jurisdiction the Assistant Sessions Judge operates
22. Question 22 of 63

    The Supreme Court (Ali Gohar v. Pervaiz Ahmed, PLD 2020 SC 427) clarified that the Section 561-A remedy:

    A Is a freely interchangeable alternative to any other remedy in the Code B Has replaced Sections 435-439 entirely C Is NOT a substitute for express remedies already provided, such as Sections 435-439 or 249-A/265-K D Can only be invoked after a final conviction
23. Question 23 of 63

    Under Section 492, the power to appoint Public Prosecutors for conducting prosecutions in Court belongs to:

    A The Government (Federal or Provincial, as appropriate) B Individual complainants C The High Court exclusively D The Bar Council
24. Question 24 of 63

    Under Section 417(2)-(3), a private complainant may appeal an acquittal only with the High Court's special leave, sought within how many days of the acquittal order?

    A 30 days B 45 days C 90 days D 60 days
25. Question 25 of 63

    Pakistani courts have observed that Section 540 is structured in two parts: the first giving the Court a discretionary power to summon witnesses, while the second part — requiring the Court to summon a witness whose evidence appears essential to the just decision of the case — is:

    A Mandatory B Also entirely discretionary C Applicable only in capital cases D Subject to the complainant's prior consent
26. Question 26 of 63

    Section 540 empowers a Court, at any stage of an inquiry, trial or other proceeding, to summon any person as a witness, or examine any person in attendance, if his evidence appears to be:

    A Essential to the just decision of the case B Merely helpful to one side's convenience C Already covered by another witness D Requested by the media
27. Question 27 of 63

    Under Section 466, an accused found incapable of making his defence due to unsoundness of mind may be released, pending investigation or trial, upon:

    A No conditions whatsoever B Payment of the maximum fine for the alleged offence C A written promise from the accused alone, with no third-party involvement D Sufficient security being given that he will be properly cared for and prevented from harming himself or others
28. Question 28 of 63

    Pakistani case law confirms that a Section 491 habeas corpus petition may be filed by:

    A Only the detained person personally B Only a blood relative of the detainee C An aggrieved person, or even a stranger, provided it is made in good faith D Only a licensed advocate acting on the detainee's written instructions
29. Question 29 of 63

    Pakistani case law distinguishes Section 522 from Section 517 by noting that under Section 522, the person seeking restoration of possession:

    A Must first obtain a separate civil court decree B Must be the original complainant only C Must post a security bond equal to the property's value D Need not claim to be entitled to possession, unlike under Section 517
30. Question 30 of 63

    Under Section 427, in an appeal from an order of acquittal, the High Court may:

    A Never order the arrest of the acquitted accused B Only impose a fine as an interim measure C Order the accused's arrest and commit him to prison pending disposal of the appeal, or admit him to bail D Automatically reverse the acquittal without a hearing
31. Question 31 of 63

    Unlike Section 529's curable irregularities, Section 530 lists categories of irregularity that:

    A Are automatically forgiven if the accused was ultimately acquitted B Only matter in civil, not criminal, cases C Can be cured simply by paying a court fee D Vitiate the proceedings entirely, regardless of whether prejudice is shown
32. Question 32 of 63

    The Supreme Court (Muzaffar Iqbal v. Muhammad Imran Aziz, 2004 SCMR 231) has held that the considerations for cancelling bail already granted are:

    A Identical to the considerations for granting bail in the first place B Irrelevant once bail has been granted C Solely a matter for the police to decide D Quite distinct from the considerations for granting bail
33. Question 33 of 63

    Under Section 426, as interpreted by superior courts, a person sentenced to life imprisonment ordinarily becomes entitled to bail if the appeal is not decided within how many years of conviction?

    A One year B Two years C Three years D Five years
34. Question 34 of 63

    Under the first proviso to Section 497(1), even for offences within the prohibitory clause, the Court may direct release on bail of a person under sixteen years of age, or any woman, or:

    A Any sick or infirm person B Any first-time offender C Any government employee D Any person who pleads guilty
35. Question 35 of 63

    Section 526 empowers the High Court to transfer a criminal case from one court to another, or:

    A To try the case itself B Only to dismiss the case entirely C Only to refer it to arbitration D Only to the Federal Shariat Court
36. Question 36 of 63

    The Supreme Court (Khaja Fazal Karim, PLD 1976 SC 461) clarified that the Section 561-A power is:

    A A routine alternative to ordinary appeal or revision, usable interchangeably B Neither an alternative nor an additional remedy, to be invoked only where there is genuinely no other procedure for redress C Available only to the State, never to a private accused D Limited exclusively to capital cases
37. Question 37 of 63

    Under Section 497(5), a person released on bail under this section may later be arrested and recommitted to custody by:

    A Only the original arresting police officer B Any private citizen C Only the complainant directly D A High Court or Court of Session (and, for a person it released itself, any other Court)
38. Question 38 of 63

    Pakistani case law has held that where no proceedings under Sections 87 and 88 (proclamation and attachment) have actually been taken against an accused, his bail:

    A Must automatically be cancelled for abscondence regardless B Is not to be cancelled merely on the ground of alleged abscondence C Becomes permanent and unchallengeable D Converts automatically into a suspended sentence
39. Question 39 of 63

    Under Section 496, in a bailable offence, an accused person appearing or brought before a court, or arrested/detained without warrant:

    A May be released on bail only at the court's discretion B Shall be released on bail as of right C Must first pay the maximum possible fine D Can never be released before trial
40. Question 40 of 63

    Section 565, the Code's final substantive section, addresses notification requirements for:

    A New Magistrates taking office B Newly enacted Provincial laws C Changes in court fee schedules D Previously convicted offenders, requiring notification of their residence/address
41. Question 41 of 63

    Under Section 512(1), before evidence may be recorded in an absconder's absence, it must be proved on record that the accused has absconded and:

    A A formal, separately-recorded finding to that effect is strictly required first B At least five years have passed since the offence C There is no immediate prospect of arresting him — though a separate formal finding to that effect is not itself necessary D The complainant has personally certified the absconsion in writing
42. Question 42 of 63

    Under Section 517, when an inquiry or trial concludes, the Court may make such order as it thinks fit for the disposal of any property produced before it, including delivery to the person entitled to possession, or, where such person cannot be ascertained:

    A Automatic forfeiture to the police officer who seized it B Confiscation, destruction, or other appropriate disposal as the Court directs C Indefinite storage with no final order ever required D Automatic sale, with proceeds always going to the complainant regardless of entitlement
43. Question 43 of 63

    Under Section 417(1), the Provincial Government may direct the Public Prosecutor to present an appeal to the High Court from an order of:

    A Conviction only B Bail grant C Acquittal D Sentence enhancement
44. Question 44 of 63

    Under Section 439, in exercising its revisional powers, the High Court may exercise any of the powers conferred on a Court of Appeal, and may additionally:

    A Enhance the sentence B Never alter the sentence in any way C Only reduce, never increase, a sentence D Only act if both parties consent
45. Question 45 of 63

    Section 498 gives the High Court or Court of Session a general power, in any case, to direct that any person be admitted to bail, or that bail already fixed be:

    A Permanently cancelled B Converted to a fine only C Reduced D Ignored entirely
46. Question 46 of 63

    Pakistani case law has clarified that Section 540 cannot properly be used:

    A To summon any witness whose evidence is genuinely essential B To fill up lacunas (gaps) in the prosecution's own case C At any stage of the trial, including after judgment is reserved D By the defence, only by the prosecution
47. Question 47 of 63

    Under the third proviso to Section 497, a bail entitlement can arise purely from delay, where trial of a bailable-by-this-route case has not concluded within a specified period through no fault of the accused, reflecting the principle that:

    A Delay always favours the prosecution B Prolonged pre-trial detention without a concluded trial itself becomes a ground for bail C Only the complainant may waive the delay D Delay is irrelevant to bail so long as the charge remains serious
48. Question 48 of 63

    Pakistani case law has held that a sentence cannot be enhanced suo motu in an appeal against conviction where:

    A The accused pleaded guilty at trial B More than one year has passed since conviction C No notice of the possible enhancement was given to the appellant, nor did the State move for enhancement D The offence carries a mandatory minimum sentence
49. Question 49 of 63

    Under Section 511, a previous conviction or acquittal may be proved, in addition to other methods, by production of:

    A Newspaper reports of the case B Hearsay testimony from a neighbour C An unsworn written statement from the accused himself D A certificate signed by the officer having custody of the records of the court where the conviction/acquittal took place
50. Question 50 of 63

    Section 435 empowers certain courts to call for and examine the record of any proceeding before an inferior criminal court, for the purpose of satisfying itself as to the:

    A Political implications of the case B Personal opinion of the presiding Judge C Media coverage of the case D Correctness, legality, or propriety of any finding, sentence, or order
51. Question 51 of 63

    Section 514-B specifically addresses bonds required from:

    A A minor B Government employees C Foreign nationals only D Corporate entities
52. Question 52 of 63

    Section 516-A empowers a Court to make an order for the custody and disposal of property produced before it, pending:

    A The complainant's personal decision B A separate civil suit only C A decision by the police alone D The conclusion of the inquiry or trial
53. Question 53 of 63

    Section 561-A preserves the inherent power of the High Court to make such orders as may be necessary to give effect to any order under the Code, prevent abuse of the process of any Court, or otherwise:

    A Increase its own jurisdiction beyond the Code's limits B Secure the ends of justice C Override the Constitution D Delegate judicial power to the police
54. Question 54 of 63

    Under Section 417(2A), inserted by Act XX of 1994, the right to appeal an acquittal was extended to:

    A Only the Provincial Government, removing all private rights B Any person aggrieved by the order of acquittal, not just the original complainant C Only the deceased victim's spouse specifically D Foreign nationals exclusively
55. Question 55 of 63

    Pakistani case law has held that misjoinder of charges is:

    A Always curable under Section 537, no matter how severe B NOT curable under Section 537 — it vitiates the trial C Irrelevant to trial validity D Only a civil law concept, inapplicable to criminal trials
56. Question 56 of 63

    Under Section 420, an appellant who is in jail may present his petition of appeal by:

    A Personally attending the Appellate Court B Mailing it directly to the Supreme Court C Having a family member file it on his behalf only D Handing it to the officer in charge of the jail, who forwards it to the Appellate Court
57. Question 57 of 63

    Under Section 522, where a person is convicted of cheating, forgery, or an offence attended by criminal force/intimidation resulting in dispossession of immovable property, the Court may order restoration of possession within:

    A Seven days of conviction B Six months from the date of conviction C One month from the date of conviction D No fixed time limit at all
58. Question 58 of 63

    Under Section 465, if an accused before a Court of Session or High Court appears to be of unsound mind and incapable of making his defence, the Court must first try that fact, and Pakistani courts have held this inquiry to be:

    A Optional, at the Court's discretion B Relevant only to sentencing, not to the trial's validity C Mandatory — failure to conduct it can vitiate the entire subsequent trial D Delegable entirely to the jail medical officer without judicial involvement
59. Question 59 of 63

    Pakistani case law has held that even where a sentence has already been served out or a fine already paid, the High Court in revision:

    A Loses all power to enhance that sentence B May still enhance the sentence in revision C Can only reduce, never enhance, at that point D Must first order a full retrial before considering enhancement
60. Question 60 of 63

    Under Section 426(1), pending an appeal by a convicted person, the Appellate Court may, for reasons to be recorded, order:

    A Suspension of the sentence and release of the appellant on bail B Automatic release with no conditions C Immediate re-trial before hearing the appeal D Transfer of the case to a different court
61. Question 61 of 63

    Pakistani courts have described cancellation of bail as a harsh order because it interferes with individual liberty, and have held that it:

    A Must not be resorted to lightly, requiring due care and circumspection B Should be granted routinely whenever the complainant requests it C Can be ordered automatically after six months regardless of conduct D Is solely within the discretion of the investigating officer
62. Question 62 of 63

    Under Section 509, the deposition of a Civil Surgeon or other medical witness, taken and attested by a Magistrate in the accused's presence, may be given in evidence in an inquiry or trial, even if:

    A The witness cannot be examined at all under any circumstance B No accused is present at the original deposition C The medical witness is not personally called and examined as a witness at that later proceeding D The deposition was taken more than a year prior, regardless of circumstances
63. Question 63 of 63

    Pakistani case law draws a key contrast between appellate and revisional powers: in an appeal, a sentence cannot typically be enhanced by the same route that would let an acquittal be reversed into a conviction, whereas in revision:

    A Both actions are equally impossible B Both are always freely available without restriction C Sentence CAN be enhanced, but an acquittal generally cannot be converted into a conviction D Neither power exists in revisional jurisdiction

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