CRIMINAL RULES OF PRACTICE

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CRIMINAL RULES OF PRACTICE: SC:MCQ: BASED ON TEXT: CRIMINAL RULES ON PRACTICE, 2021 CHAPTER I . I NVESTIGATION 1. BODY SKETCH TO ACCOMPANY MEDICO LEGAL CERTIFICATE, POST MORTEM REPORT AND INQUEST REPORT: Every Medico Legal Certificate, Post Mortem Report shall contain a printed format of the human body on its reverse and injuries, if any, shall be indicated on such sketch. Explanation: The printed format of the human body shall contain both a frontal and rear view of the human body as provided in ANNEXURE – A 2. PHOTOGRAPHS AND VIDEO GRAPHS OF POST MORTEM IN CERTAIN CASES i. In case of death of a person in police action [under Section 46 Criminal Procedure Code, 1973(“Cr.PC”) or Sections 129 to 131 Cr.PC] or death while in police custody, the magistrate or the Investigating Officer as the case may be, shall inform the hospital or doctor in charge to arrange for photographs or videography for conducting the post-mortem examination of the deceased. The photographs of the deceased shall also be arranged to be taken in all cases. ii. Such photograph and video graphs shall be taken either by arranging a police photographer or a nominated photographer of the State Government, and where neither of the above are available, an independent or private photographer shall be engaged. iii. Such photographs or video graphs shall be seized under a panchnama or seizure memo and all steps taken to ensure proper proof of such photographs/video graphs during Trial. iv. The Investigating Officer shall ensure that such photographs and videographs, if taken electronically, are seized under a panchnama or seizure memo and steps are taken to preserve the original, and ensure that certificate under Section 65B Indian Evidence Act, 1872 is obtained and taken to be proved during trial. v. The video or photographs shall be stored on a separate memory card, accompanied by a duly certified certificate under Section 65B Indian Evidence Act, 1872. vi. Where post-mortems are recorded in electronic form, the file containing the post-mortem proceedings, duly certified, should be placed with the memory card as an attachment unless individual memory cards are not capable of being produced before Court. 3. SCENE MAHAZAR/ SPOT PANCHANAMA i. A site plan of the place of occurrence of an incident shall be appended by the Investigating Officer to the scene mahazar or spot panchnama. ii. The site plan shall be prepared by the Investigating Officer by hand, and shall disclose a. the place of occurrence, b. the place where the body (or bodies) was / were found, c. the place where material exhibits and/or weapons, d. blood stains and/or body fluids had fallen, e. the place where bullet shells, if any, were found or have caused impact, f. the source of light, if any and g. adjoining natural and man-made structures or features such as walls, pits, fences, trees/bushes, if any and h. elevation of structures and their location. iii. The preparation of this sketch by the Investigating Officer shall be followed by a scaled site plan prepared by police draftsman, if available, or such other authorized or nominated draftsman by the State Government, who shall prepare the scaled site plan after visiting the spot. iv. The relevant details in the mahazar or panchnama shall be marked and correlated in the said site plan. 4. SUPPLY OF DOCUMENTS UNDER SECTIONS 173, 207 AND 208 CR.PC i. Every Accused shall be supplied with statements of witness recorded under Sections 161 and 164 Cr.PC and a list of documents, material objects and exhibits seized during investigation and relied upon by the Investigating Officer (I.O) in accordance with Sections 207 and 208, Cr. PC. Explanation: The list of statements, documents, material objects and exhibits shall specify statements, documents, material objects and exhibits that are not relied upon by the Investigating Officer. Chapter II: CHARGE 5. The order framing charge shall be accompanied by a formal charge in Form 32, Schedule II, Cr.P.C. to be prepared personally by the Presiding Officer after complete and total application of mind. CHAPTER III:TRIAL 6. RECORDING OF EVIDENCE: PROCEDURE i. The depositions of witnesses shall be recorded, in typed format, if possible. The record of evidence shall be prepared on computers, if available, in the Court on the dictation of the Presiding Officer. Provided that in case the language of deposition is to be recorded in a language other than English or the language of the State, the Presiding Officer shall simultaneously translate the deposition either himself or through a competent translator into English. ii. The deposition shall be recorded in the language of the witness and in English when translated as provided in Clause 6 (i). iii. The depositions shall without exception be read over by the Presiding officer in Court. Hard copy of the testimony so recorded duly signed to be a true copy by the Presiding Officer/court officer shall be made available free of cost against receipt to the accused or an advocate representing the accused, to the witness and the prosecutor on the date of recording. iv. A translator shall be made available in each Court and Presiding Officers shall be trained in the local languages, on the request of the Presiding Officer. v. The Presiding Officers shall not record evidence in more than one case at the same time. 7. RECORDING OF EVIDENCE: FORMAT OF WITNESSES i. The deposition of each witness shall be recorded dividing it into separate paragraphs assigning paragraph numbers. ii. Prosecution witnesses shall be numbered as PW-1, PW-2 etc, in seriatim. Similarly, defence witnesses shall be numbered as DW-1, DW-2, etc., in seriatim. The Court witnesses shall be numbered as CW-1, CW-2, etc, in seriatim. iii. The record of depositions shall indicate the date of the chief examination, the cross examination and re-examination. iv. The Presiding Officers shall wherever necessary record the deposition in question and answer format. v. Objections by either the prosecution or the defence counsel shall be taken note of and reflected in the evidence and decided immediately, in accordance with law, or, at the discretion of the learned Judge, at the end of the deposition of the witness in question. vi. The name and number of the witness shall be clearly stated on any subsequent date, if the evidence is not concluded on the date on which it begins. 8. EXHIBITING OF MATERIAL OBJECTS AND EVIDENCE i. Prosecution exhibits shall be marked as Exhibit P-1, P-2 etc in seriatim. Similarly, defence Exhibits shall be marked as Exhibit D-1, D-2, etc in seriatim. The Court exhibit shall be marked as Exhibit C-1, C-2, etc in seriatim. ii. To easily locate the witness through whom the document was first introduced in evidence, the exhibit number shall further show the witness number of such witness after the Exhibit number. If an exhibit is marked without proper proof, the same shall be indicated by showing in brackets (subject to proof). Explanation: If Prosecution witness no. 1 (PW1) introduces a document in evidence, that document shall be marked as Exhibit P-1/PW1. If proper proof is not offered for that document at the time when it is marked, it shall be marked as Exhibit P-1/PW1 (subject to proof). The Second document introduced by PW1 will be Exhibit P-2/PW1. iii. The Material objects shall be marked in seriatim as MO-1, MO-2 etc. 9. SUBSEQUENT REFERENCES TO ACCUSED, WITNESS, EXHIBITS AND MATERIAL OBJECTS i. After framing of charges, the accused shall be referred to only by their ranks in the array of accused in the charge and not by their names or other references except at the stage of identification by the witness. ii. After recording the deposition of witnesses, marking of the exhibits and material objects, while recording deposition of other witnesses, the witnesses, exhibits and material objects shall be referred by their numbers and not by names or other references. iii. Where witness cited in the complaint or police report are not examined, they shall be referred to by their names and the numbers allotted to them in the complaint or police report.

ChatGPT said:

It seems you've provided a set of rules and procedures related to criminal practice, specifically in the context of investigations, trial, and evidence recording. Is there anything specific you would like to know or discuss regarding these rules and procedures? Feel free to ask any questions you may have, and I'll be happy to provide more information or clarification.

You said:

PLEASE FORMULATE TEN MCQ FOR MASTERING THESE RULES OF PRATICE BY POLICE

ChatGPT said:

Certainly, here are ten multiple-choice questions (MCQs) based on the rules of practice for police investigations and criminal proceedings:

1. What should be included in every Medico Legal Certificate and Post Mortem Report, according to the rules? a. A printed format of the human body b. Sketch of the crime scene c. A list of witnesses d. None of the above

2. In cases of death in police action or custody, who is responsible for arranging photographs or videography for post-mortem examination? a. The accused b. The magistrate c. The hospital staff d. The defense attorney

3. How should photographs or videographs of post-mortem examinations be stored? a. On a separate memory card with a certified certificate b. In a sealed envelope c. In the police station's storage room d. None of the above

4. What should be appended to the scene mahazar or spot panchnama? a. The accused's statement b. A site plan of the place of occurrence c. A list of evidence to be presented at trial d. Witness testimonies

5. Which form should accompany the order framing charges? a. Form 32, Schedule II, Cr.P.C. b. Form 16, Schedule IV, Cr.P.C. c. Form 8, Schedule I, Cr.P.C. d. Form 64, Schedule III, Cr.P.C.

6. How should the depositions of witnesses be recorded? a. In longhand by the presiding officer b. In typed format, if possible c. On audio tape d. By a stenographer

7. How should prosecution witnesses be numbered in the record of depositions? a. With their names b. In seriatim as PW-1, PW-2, etc. c. Using their addresses d. Alphabetically

8. How should exhibits be marked for easy identification? a. By their color b. With the date of submission c. Using Exhibit P-1, P-2, etc., for prosecution exhibits d. Only with the name of the witness who introduced them

9. After framing charges, how should the accused be referred to in court? a. Only by their ranks in the array of accused b. By their full names c. By their addresses d. By their nicknames

10. What should be used to refer to witnesses, exhibits, and material objects after recording their depositions? a. Full names b. Numbers c. Descriptive labels d. Phonetic transcriptions

Answers:

1. a
2. b
3. a
4. b
5. a
6. b
7. b
8. c
9. a
10. b

You said:

TEN MORE MCQ BASED ON ABOVE TEXT ON CRIMINAL RULES OF PRACTICE

ChatGPT said:

Certainly, here are ten more multiple-choice questions (MCQs) based on the text regarding criminal rules of practice:

1. In cases of death in police action or custody, who is responsible for ensuring proper proof of photographs or videographs during the trial? a. The accused b. The magistrate c. The Investigating Officer d. The defense attorney

2. What should be included in the scene mahazar or spot panchnama? a. A detailed account of the accused's statement b. A site plan of the place of occurrence c. A list of potential suspects d. A summary of the legal proceedings

3. How should the depositions of witnesses be recorded when the language is different from English or the local language? a. In English only b. By the witness themselves c. In both the witness's language and English d. In the local language only

4. How should prosecution exhibits be marked for easy identification? a. Using Exhibit P-1, P-2, etc., in seriatim b. With the date of submission c. By attaching photographs to them d. None of the above

5. What is the purpose of marking exhibits as "subject to proof"? a. To indicate they are crucial pieces of evidence b. To signify they are irrelevant to the case c. To show they lack proper proof of authenticity d. To highlight their importance to the prosecution

6. How should material objects be marked for identification? a. By their color b. With the date of discovery c. As MO-1, MO-2, etc., in seriatim d. Using the witness's name only

7. After framing charges, how should witnesses be referred to in court? a. By their ranks in the array of accused b. By their full names c. By their addresses d. By their witness numbers

8. When should objections raised by prosecution or defense counsel be addressed during a witness's deposition? a. Never, they should be ignored b. At the end of the witness's deposition c. Immediately, in accordance with the law d. Only during cross-examination

9. How should witnesses cited in the complaint or police report be referred to if they are not examined? a. By their full names b. By their witness numbers c. By their code names d. By their initials

10. Who is responsible for preparing the scaled site plan of the place of occurrence in a criminal case? a. The accused b. The Investigating Officer c. The magistrate d. The prosecutor

Answers:

1. c
2. b
3. c
4. a
5. c
6. c
7. d
8. c
9. b
10. b

You said:

TEN MORE MCQ WITH HIGHER LEVEL OF DIFFICULTY AND MASTERY REQUIREMENTS PLEASE

ChatGPT said:

Certainly, here are ten more challenging multiple-choice questions (MCQs) based on the text regarding criminal rules of practice:

1. Under what circumstances should a translator be made available in court during a criminal trial? a. Only when the accused requests one b. On the request of the Presiding Officer c. Whenever a witness is not fluent in the local language d. Only in cases involving international defendants

2. In which situations should the deposition of a witness be recorded in question and answer format? a. When the witness is an expert b. When the witness is a child c. Whenever necessary d. Never, as it is not a standard practice

3. How should objections raised by prosecution or defense counsel during a witness's deposition be resolved? a. By postponing them to the end of the deposition b. By allowing each objection to be discussed extensively c. Immediately, in accordance with the law d. By ignoring them as they are irrelevant to the case

4. What legal document is required to prove electronically recorded photographs or videographs during a trial? a. A sworn affidavit b. A certificate under Section 65B of the Indian Evidence Act, 1872 c. An expert witness testimony d. A signed consent form from the accused

5. How should the Presiding Officer refer to the accused after framing charges in court? a. By their ranks only b. By their full names c. By their case numbers d. By their initials

6. In the context of evidence recording, what does "subject to proof" mean when marked on an exhibit? a. The exhibit is highly relevant b. The exhibit is not admissible in court c. The exhibit's authenticity is in question d. The exhibit is essential for the defense

7. What is the primary purpose of including a printed format of the human body in Medico Legal Certificates and Post Mortem Reports? a. To make the report more visually appealing b. To provide a reference for the accused c. To facilitate the identification of injuries d. To assist in sketching the crime scene

8. Who is responsible for arranging photographs or videography for post-mortem examinations in cases of death in police action or custody? a. The magistrate b. The accused c. The hospital staff d. The Investigating Officer

9. What is the main role of the scaled site plan prepared by the police draftsman in a criminal investigation? a. To document the accused's statements b. To provide a graphical representation of the crime scene c. To record the witness testimonies d. To list the material objects seized during investigation

10. What is the significance of storing video or photographs on a separate memory card with a certified certificate under Section 65B? a. It ensures the exhibits are kept safely b. It makes it easier to share the evidence with the accused c. It preserves the integrity and authenticity of the evidence d. It allows for easy access during cross-examination

Answers:

1. b
2. c
3. c
4. b
5. a
6. c
7. c
8. b
9. b
10. c

You said:

FORMULATE TEN MCQ OF HIGHER LEVEL OF LEGAL COMPETENCY BASED ON TEXT OF CRIMINAL RULES OF PRACTICE PART II GIVEN: REFERENCES TO STATEMENTS UNDER SECTION 161 AND 164 CRPC: i. During cross examination, the relevant portion of the statements recorded under Section 161 Cr.PC used for contradicting the respective witness shall be extracted. If it is not possible to extract the relevant part as aforesaid, the Presiding Officer, in his discretion, shall indicate specifically the opening and closing words of such relevant portion, while recording the deposition, through distinct marking. ii. In such cases, where the relevant portion is not extracted, the portions only shall be distinctly marked as prosecution or defence exhibit as the case may be, so that other inadmissible portions of the evidence are not part of the record. iii. Incases, where the relevant portion is not extracted, the admissible portion shall be distinctly marked as prosecution or defence exhibit as the case may be. iv. The aforesaid rule applicable to recording of the statements under Section 161 shall mutatis mutandis apply to statements recorded under Section 164 of the Cr.PC, whenever such portions of prior statements of living persons are used for contradiction/corroboration. v. Omnibus marking of the entire statement under S. 161 and 164 Cr.P.C shall not be done. 11.MARKING OF CONFESSIONAL STATEMENTS The Presiding Officers shall ensure that only admissible portion of Section 8 or Section 27 Indian Evidence Act, 1872 is marked and such portion alone is extracted on a separate sheet and marked and given an exhibit number. CHAPTER IV: THE JUDGMENT 12.Every judgement shall contain the following i. Start with a preface showing the names of parties as per FORM A to the Rules. ii. A tabular statement as per FORM B to the Rules. iii. An appendix giving the list of prosecution witnesses, defence witnesses, Court witnesses, Prosecution Exhibits, Defence Exhibits and Court Exhibits and Material Objects as per FORM C to the Rules. 13.In compliance with Section 354 and 355 Cr.PC, in all cases, the judgments shall contain: i. the point or points for determination, ii. the decision thereon, and iii. the reasons for the decision 14.In case of conviction, the judgment shall separately indicate the offence involved and the sentence awarded. In case there are multiple accused, each of them shall be dealt with separately. In case of acquittal and if the accused is in confinement, a direction shall be given to set the accused at liberty, unless such accused is in custody in any other case. 15.In the judgment the accused, witnesses, exhibits and material objects shall be referred to by their nomenclature or number and not only by their names or otherwise. Wherever, there is a need to refer to the accused or witnesses by their name, the number shall be indicated within brackets. 16.The judgment shall be written in paragraphs and each paragraph shall be numbered in seriatim. The Presiding Officers, may, in their discretion, organize the judgment into different sections. CHAPTER V: MISCELLANEOUS 17.BAIL i. The application for bail in non-bailable cases must ordinarily be disposed off within a period of 3 to 7 days from the date of first hearing. If the application is not disposed off within such period, the Presiding Officer shall furnish reasons thereof in the order itself. Copy of the order and the reply to the bail application or status report (by the police or prosecution) if any, shall be furnished to the accused and to the accused on the date of pronouncement of the order itself. ii. The Presiding Officer may, in an appropriate case in its discretion insist on a statement to be filed by the prosecutor in charge of the case. 18.SEPARATION OF PROSECUTORS AND INVESTIGATORS The State Governments shall appoint advocates, other than Public Prosecutors, to advise the Investigating Officer during investigation. 19.DIRECTIONS FOR EXPEDITIOUS TRIAL i. In every enquiry or trial, the proceedings shall be held as expeditiously as possible, and, in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnesses in attendance have been examined, unless the court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded. (section 309 (1) Cr.PC.). For this purpose, at the commencement, and immediately after framing charge, the court shall hold a scheduling hearing, to ascertain and fix consecutive dates for recording of evidence, regard being had to whether the witnesses are material, or eyewitnesses, or formal witnesses or are experts. The court then shall draw up a schedule indicating the consecutive dates, when witnesses would be examined; it is open to schedule recording of a set of witness’ depositions on one date, and on the next date, other sets, and so on. The court shall also, before commencement of trial, ascertain if the parties wish to carry out admission of any document under Section 294, and permit them to do so, after which such consecutive dates for trial shall be fixed. ii. After the commencement of the trial, if the court finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable. If witnesses are in attendance no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded, in writing. (Section 309 (2) Cr.PC.). iii. Sessions cases may be given precedence over all other work and no other work should be taken up on sessions days until the sessions work for the day is completed. A Sessions case once posted should not be postponed unless that is unavoidable, and once the trial has begun, it should proceed continuously from day today till it is completed. If for any reason, a case has to be adjourned or postponed, intimation should be given forthwith to both sides and immediate steps be taken to stop the witnesses and secure their presence on the adjourned date.

ChatGPT said:

Here are ten MCQs based on the higher-level legal competency requirements in the text of criminal rules of practice:

1. When can the Presiding Officer indicate the opening and closing words of a relevant portion of statements under Section 161 Cr.PC during a witness's deposition? a. Always b. Only if the witness requests it c. In the Presiding Officer's discretion d. Never

2. What is the primary purpose of distinctly marking portions of statements under Section 161 or 164 Cr.PC as prosecution or defense exhibits? a. To emphasize their importance b. To ensure their admissibility c. To avoid including irrelevant portions in the record d. To make the record more organized

3. Under what circumstances should omnibus marking of entire statements under Section 161 and 164 Cr.PC be done? a. When the statements are short b. When there are multiple accused c. Only with the consent of the accused d. It should never be done

4. What should be marked and extracted separately from confessional statements under Section 8 or Section 27 of the Indian Evidence Act, 1872? a. The entire statement b. The admissible portion c. The inadmissible portion d. The opening and closing words

5. According to Chapter IV, what must every judgment contain? a. A detailed summary of the trial b. A tabular statement of witnesses c. A list of prosecution exhibits d. An appendix with the names of the parties

6. What is the main purpose of including a tabular statement in a judgment? a. To list the charges against the accused b. To provide a summary of witness testimonies c. To create an organized overview of the case d. To record the court's expenses

7. In compliance with Section 354 and 355 Cr.PC, what information must be included in every judgment? a. The accused's background b. The points for determination c. The court's procedural history d. The witnesses' personal details

8. In case of conviction, what must the judgment separately indicate? a. The accused's defense strategy b. The offense involved and the sentence awarded c. The prosecutor's argument d. The need for further investigation

9. How should the judgment refer to the accused, witnesses, exhibits, and material objects? a. By their full names b. By their nicknames c. By their nomenclature or number d. By their addresses

10. What should be done if there is a need to refer to the accused or witnesses by their names in the judgment? a. Include their full addresses as well b. Include their case numbers c. Indicate their numbers within brackets d. Use their initials only

Answers:

1. c
2. c
3. d
4. b
5. d
6. c
7. b
8. b
9. c
10. c

You said:

TEN MORE MCQ OF HIGHER ORDER OF DIFFICULTY PLEASE

ChatGPT said:

Certainly, here are ten more challenging multiple-choice questions (MCQs) based on the higher-level legal competency requirements in the text of criminal rules of practice:

1. What legal principle underpins the requirement to distinctly mark portions of statements under Section 161 and 164 Cr.PC? a. Hearsay rule b. Best evidence rule c. Rule of relevancy d. Rule against self-incrimination

2. Under what circumstances can a judgment be organized into different sections, as mentioned in Chapter IV? a. If the trial is complex b. At the discretion of the Presiding Officer c. When there are multiple accused d. Only if requested by the defense attorney

3. What is the significance of referring to accused, witnesses, exhibits, and material objects by their nomenclature or number in the judgment? a. It simplifies the judgment for the court officers. b. It allows for more concise writing. c. It ensures anonymity and impartiality. d. It complies with a legal formality.

4. According to Chapter V, how long should the application for bail in non-bailable cases be disposed of from the date of first hearing? a. Within 24 hours b. Within 7 to 14 days c. Within 3 to 7 days d. At the discretion of the accused's attorney

5. What should the Presiding Officer do if a bail application in a non-bailable case is not disposed of within the stipulated period, as per Chapter V? a. Issue an arrest warrant for the accused b. Furnish reasons for the delay in the order itself c. Refer the case to a higher court d. Dismiss the bail application

6. Who is responsible for appointing advocates, other than Public Prosecutors, to advise the Investigating Officer during an investigation, as per Chapter V? a. The Presiding Officer b. The defense attorney c. The State Governments d. The accused

7. What is the primary goal of conducting proceedings as expeditiously as possible, as mentioned in Chapter V? a. To minimize court expenses b. To expedite the appeals process c. To ensure a fair and timely trial d. To reduce the workload of the judiciary

8. In cases where the examination of witnesses has begun, under what circumstances can adjournments be granted, according to Section 309(1) Cr.PC? a. Only for medical emergencies b. Only when the accused requests it c. For reasons to be recorded, as necessary d. Never, once witness examination starts

9. How should a Sessions case be treated once it has been posted, according to Chapter V? a. It can be postponed at the discretion of the Presiding Officer. b. It should proceed continuously from day to day. c. It can be given precedence over all other work for one week. d. It should only proceed if all witnesses are present.

10. What should be done if there is a need to postpone or adjourn a trial after it has commenced, as per Section 309(2) Cr.PC? a. Notify the police to conduct further investigation b. Postpone it to the following week without recording reasons c. Only do so for medical emergencies d. Record reasons for the delay and postpone as necessary

Answers:

1. d
2. b
3. c
4. c
5. b
6. c
7. c
8. c
9. b
10. d