Code of Criminal Procedure, 1898 Batch 5 of 6 MCQs

1. Question 1 of 40

   Under Section 339, a person to whom a pardon has been tendered and accepted is examined as a witness, and if the Court is later satisfied he has not made a full and true disclosure, he may be:

   A Tried for the original offence as well as for giving false evidence B Automatically re-pardoned regardless C Simply released with no consequence D Fined only, with no further prosecution possible
2. Question 2 of 40

   Under Section 337, a tender of pardon may be made to an accomplice with a view to obtaining:

   A A lighter sentence for the main accused B Immediate release without any conditions C His evidence as a witness against other persons involved in the offence D Compensation for the victim
3. Question 3 of 40

   Pakistani courts have clarified that general remissions announced by the Government on occasions like Independence Day or Eid (under Sections 401/402) are legally distinct from Presidential remissions, in that the former derive from:

   A Article 45 of the Constitution directly, exactly like Presidential remissions B No legal basis whatsoever — they are purely discretionary gestures C International treaty obligations D Statutory power and policy under the CrPC, not from Article 45
4. Question 4 of 40

   Pakistani case law confirms that mere silence of an accused, or his failure to make a statement on oath, does NOT by itself:

   A Result in automatic conviction B Give rise to a presumption or adverse inference against him C Affect the case at all in any respect D Entitle the prosecution to an automatic sentencing enhancement
5. Question 5 of 40

   Under Section 341, where the accused does not understand the proceedings, the Court must:

   A Proceed regardless, since understanding is not legally required B Appoint a family member as translator only C Interpret the proceedings to him in a language he understands, or otherwise ensure he comprehends them D Adjourn the case indefinitely until he learns the relevant language
6. Question 6 of 40

   Under Section 371, a copy of the judgment must be given to the accused, and in the case of a sentence of death, this requirement is treated with:

   A Less urgency than other cases B No special significance at all C Discretion left entirely to the jail superintendent D Particular importance given the sentence's gravity
7. Question 7 of 40

   Pakistani case law has held that where there is a discrepancy in a material part of a principal witness's evidence between the vernacular record and an English record of the same testimony:

   A The English record always prevails automatically B The accused is entitled to the benefit of the doubt created by that discrepancy C The discrepancy is simply ignored as immaterial D A fresh trial must always be ordered
8. Question 8 of 40

   Under Section 401, the power to suspend or remit a sentence, in whole or part, and either unconditionally or upon conditions, is vested in:

   A Only the President personally B Only the sentencing Judge C Any Sessions Court on application D The Provincial/Federal Government, as appropriate
9. Question 9 of 40

   Under Section 374, a sentence of death passed by a Court of Session must be submitted to the:

   A High Court, and the sentence shall not be executed unless confirmed by the High Court B Federal Government for approval C President for a final decision only D Supreme Court directly, bypassing the High Court
10. Question 10 of 40

    Pakistani case law confirms that the President's power under Article 45 of the Constitution to commute a sentence is:

    A Not subject to any limitation B Subject to the same restrictions as the Government's Section 402 power C Limited to sentences under five years D Only exercisable once per convict
11. Question 11 of 40

    Under Section 366, judgment in every criminal trial must be pronounced:

    A Only in writing, never orally B Privately, in the Judge's chambers C Only after the accused's written consent D In open Court, either immediately or at a subsequently appointed and notified time
12. Question 12 of 40

    Section 386 addresses the direction of a warrant for the levy of a fine, permitting such a warrant to be directed to:

    A Only a police officer B Only the convicted person's employer C A private debt-collection agency D The Collector of the District, or (with High Court sanction) to a police officer or other fit person for levy by distress and sale of movable property
13. Question 13 of 40

    Pakistani case law distinguishes an actual acquittal from a mere refusal to take cognizance, holding that:

    A Both equally bar a further trial under Section 403 B Neither situation has any legal significance C An acquittal on facts bars further trial under Section 403, but a refusal to take cognizance does not operate as an acquittal at all D Only a refusal to take cognizance triggers Section 403's bar
14. Question 14 of 40

    Under the Explanation to Section 344, a 'reasonable cause for remand' exists where sufficient evidence has been obtained to raise a suspicion the accused committed the offence, and:

    A The complainant simply requests further time B The accused has not yet hired a lawyer C It appears likely that further evidence may be obtained by the remand D Court fees for the case remain unpaid
15. Question 15 of 40

    Section 361 requires that where evidence is recorded in a language the accused does not understand, it must be:

    A Left untranslated, as the accused's pleader is assumed to translate informally B Simply summarized at the end of the trial C Interpreted to him in a language he understands D Translated only if the accused can pay for a translator
16. Question 16 of 40

    Pakistani case law has held that postponing a case 'sine die' (indefinitely, without a fixed date) under Section 344 is:

    A The preferred and most efficient method B Only permitted in capital cases C Mandatory once a case exceeds six months D Not in accordance with the section — postponement must be for a fixed, definite period
17. Question 17 of 40

    Section 402-A specifically addresses:

    A Sentences of death, imposing particular restrictions/procedures on their remission or commutation B Suspension of a fine only C Traffic offence sentences D Civil contempt sentences
18. Question 18 of 40

    Under Section 353, evidence in an inquiry or trial must generally be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of:

    A No one on his behalf B A police officer as his substitute C A jury member D His pleader
19. Question 19 of 40

    Under Section 368 (as it appears in the Judgment chapter), where the accused is convicted, the judgment must specify the offence and the section of the law under which he is convicted, and:

    A No sentence details are required at that stage B The punishment to which he is sentenced C Only the fine amount, never imprisonment terms D A prediction of appeal prospects
20. Question 20 of 40

    Under Section 345, certain offences under the Pakistan Penal Code may be compounded (settled) by the parties, in some cases requiring:

    A No court involvement whatsoever B A written admission of guilt first C The permission of the Court, depending on the offence D A minimum one-year waiting period
21. Question 21 of 40

    Pakistani case law has held that a judgment must be recorded, dated, and signed at the time it is pronounced, meaning:

    A Such a judgment is inoperative and of no legal effect if not properly recorded, dated, and signed B A judgment orally announced but not written and signed is still fully valid C Only the dating requirement matters; signing is optional D These requirements apply only to death-sentence cases
22. Question 22 of 40

    Under Section 356, in trials before a Court of Session (and other cases falling outside Section 355), the evidence of each witness must be taken down:

    A In summary form only, with no narrative detail B In greater fullness, generally as a narrative, in the language of the Court C Only in English regardless of the parties' language D Only if the accused specifically requests a detailed record
23. Question 23 of 40

    Under Section 355, in cases tried by First and Second Class Magistrates, the Magistrate must, as the case proceeds, prepare a memorandum of the substance of the evidence, ordinarily:

    A In writing, in his own hand, and made part of the record B Typed by a court clerk with no judicial involvement C Recorded only in audio format D Prepared entirely after the trial concludes, from memory
24. Question 24 of 40

    Pakistani case law has held that where an accused's Section 342 statement is not signed or thumb-marked in accordance with the mandatory requirements of Section 364, this defect is:

    A A minor formality, always curable under Section 537 B Irrelevant so long as the accused later testifies at trial C Only significant in death-penalty cases D An illegality NOT curable under Section 537, requiring the statement to be re-recorded
25. Question 25 of 40

    Under Section 403(1), a person once tried by a competent Court and convicted or acquitted of an offence shall not, while that conviction or acquittal remains in force, be:

    A Denied bail in a future unrelated case B Tried again for the same offence, or a different offence based on substantially the same facts (subject to specific exceptions) C Barred from testifying as a witness in future cases D Prevented from filing civil suits
26. Question 26 of 40

    Under Section 340, a person against whom proceedings are instituted under the Code is entitled to be defended by a pleader, and is himself:

    A Barred from testifying under any circumstances B A competent witness for the defence C Automatically presumed guilty if he chooses not to testify D Required to testify if the prosecution demands it
27. Question 27 of 40

    Section 343 provides that, except as provided in Sections 337 and 338 (tender of pardon), no influence by means of a promise, threat, or otherwise shall be used to an accused person to induce him to:

    A Plead guilty in exchange for a reduced sentence B Disclose or withhold any matter within his knowledge C Waive his right to legal representation D Testify against a co-accused without a pardon
28. Question 28 of 40

    Under Section 402, the power to commute a sentence to any less severe form of punishment lies with:

    A The Provincial/Federal Government B Only the convicting Court itself C The victim's family exclusively D The Bar Council
29. Question 29 of 40

    Under Section 379, procedure in cases submitted to the High Court for confirmation of a death sentence requires the case to be heard by a Bench of:

    A A single Judge only B A full panel of five Judges always C Not less than two Judges D The Chief Justice exclusively
30. Question 30 of 40

    Under Section 338, the power to tender a pardon under Section 337, in a case triable exclusively by (or committed to) the Court of Session or High Court, belongs to:

    A Any Magistrate at any stage B The Public Prosecutor alone, without Court approval C Only the police investigating officer D The Court to which the commitment is made, or which is otherwise trying the case
31. Question 31 of 40

    Under Section 342(2), an accused who refuses to answer questions, or gives false answers, during his examination under this section is:

    A Not liable to punishment for refusing to answer, or for giving false answers B Liable to prosecution for contempt of court C Automatically deemed to have confessed D Subject to an immediate fine
32. Question 32 of 40

    Under Section 342, the Court's examination of the accused (to explain circumstances appearing in evidence against him) is conducted:

    A On oath, allowing cross-examination B Only in writing, never orally C Only if the accused specifically requests it D Without oath, and the prosecution has no right to cross-examine him on it
33. Question 33 of 40

    Under Section 367, a judgment must contain the point or points for determination, the decision on them, and:

    A A summary of the accused's personal history B An estimate of court costs only C The reasons for the decision D The complainant's opinion on the verdict
34. Question 34 of 40

    Under Section 344, if from the absence of a witness or other reasonable cause it is necessary to postpone an inquiry or trial, the Court may, if it thinks fit, remand the accused, and no remand under this section may exceed:

    A 7 days at a time, ordinarily B 15 days at a time, ordinarily C 30 days at a time, ordinarily D There is no limit on a single remand period
35. Question 35 of 40

    Under Section 382, execution of a capital sentence on a woman found to be pregnant must be:

    A Carried out regardless of pregnancy B Immediately converted to a fine C Postponed, with the Court having power to commute the sentence to life imprisonment D Left entirely to the discretion of the prison superintendent with no judicial involvement
36. Question 36 of 40

    Under Section 376, in confirmation proceedings, the High Court has the power to:

    A Only confirm or refuse to confirm the sentence, with no other options B Confirm the sentence, pass any other sentence warranted by law, annul the conviction and convict of another offence, order a new trial, or acquit C Only order a retrial, never anything else D Delegate the decision back to the Sessions Court
37. Question 37 of 40

    What is the status of the original Chapter XXIII (Sections 266 to 336), which once governed trials before the High Court and Court of Session generally?

    A It remains fully in force, unchanged since 1898 B It was merged into Chapter XXII-A without renumbering C The entire chapter (Sections 266-336) has been omitted D It now exclusively governs Federal Shariat Court trials
38. Question 38 of 40

    Pakistani case law distinguishes a 'judgment' from other court orders by holding that:

    A Every order made during a criminal case counts as a judgment B A judgment specifically means a decision resulting in conviction or acquittal, not every interim order C Only High Court decisions can be called judgments D A discharge order is legally equivalent to a judgment
39. Question 39 of 40

    Under Section 350, when a Presiding Officer is changed partway through a trial (e.g., due to transfer), the successor Judge:

    A May, subject to specified conditions, act on evidence already partly recorded by his predecessor B Must always restart the trial from the beginning C Has no power to continue the case at all D Must acquit the accused automatically
40. Question 40 of 40

    Under the illustration to Section 403, if 'A' is tried and convicted for causing grievous hurt to 'B', and 'B' later dies from that injury, 'A':

    A Can never be tried again under any circumstances B Automatically receives a life sentence without further trial C May be tried again for culpable homicide, since it is treated as a distinct consequence-based offence D Must be acquitted of the original grievous hurt charge retroactively

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