Information To The Police And Their Powers To Investigate MCQ Quiz - Objective Question with Answer for Information To The Police And Their Powers To Investigate - Download Free PDF

The correct answer is The police officer investigating the case

Key Points

• Section 160 of the Code of Criminal Procedure, 1973 authorizes:
  • A police officer making an investigation to require the attendance of any person who appears to be acquainted with the facts and circumstances of the case.
  • The power to summon a person as a witness is limited to the investigating officer and cannot be exercised by just any police officer.
• The person summoned must be:
  • Residing within the limits of that police station, or
  • Within the adjoining station's limits.

Additional Information

• Any police officer – Too broad; only the investigating officer can issue such summons.
• The station house officer (SHO) – Not by virtue of being SHO alone; only if he is also the investigating officer.
• None of the above – Incorrect; the investigating officer has this power.

The correct answer is 162

Key Points

Additional Information

• Section 164 – Deals with confessions/statements made before a magistrate, which must be signed by the person.
• Section 313 – Relates to the accused's explanation during trial; responses are recorded and signed by the judge.
• None of the above – Incorrect because Section 161 is the correct answer.

The correct answer is Not exceeding 7 days

Key Points

• Under Section 167(2A) of the Code of Criminal Procedure, 1973, an Executive Magistrate can authorize the detention of an accused only for a maximum of 7 days.
• This applies when a Judicial Magistrate is not available, and the accused is forwarded to an Executive Magistrate.
• The detention is temporary, and the accused must be transferred to a Judicial Magistrate as soon as possible.
• The overall limit for police custody remains 15 days, but Executive Magistrate alone can authorize up to 7 days only.

Additional Information

• Not exceeding 24 hours – Police can detain without Magistrate's order only up to 24 hours under Section 57 CrPC.
• Not exceeding 3 days – No such specific limit for Executive Magistrate under this value.
• Not exceeding 15 days – This power lies with a Judicial Magistrate, not an Executive Magistrate.

The correct answer is During investigation

Key Points

• Section 161 of the Code of Criminal Procedure (CrPC), 1973 empowers a police officer to:
• Examine orally any person supposed to be acquainted with the facts and circumstances of the case.
• The statement is recorded during the investigation, not during trial or inquiry.
• These statements are not signed by the person making them (as per Section 162 CrPC).
• They may be used only for contradiction of a witness in court (under Section 145 of the Indian Evidence Act).

Additional Information

• During trial – Statements under Section 161 are not recorded during trial.
• Before investigation – There is no provision for police to record such statements before investigation begins.
• During enquiry – This section applies to investigation, not judicial enquiry.

The correct answer is Both (a) and (b)

Key Points

• Relevant Provision:
  • Section 172 of the Code of Criminal Procedure, 1973 deals with the Police Diary or Case Diary.
• Purpose of the Case Diary:
  • Maintained by the Investigating Officer (IO) during the course of investigation.
• It contains details such as:
  • Time of receiving information,
  • Steps taken during the investigation,
  • Statements of witnesses,
  • Progress of enquiry, and
  • Other relevant observations.
  • Usage in Legal Proceedings:
  • Though not substantive evidence, courts may refer to the diary for aiding the trial or cross-examining the IO, especially under Section 172(3) CrPC.
• Covers Both Enquiry and Investigation:
  • Since it is created from the time the police begin their inquiry or investigation, it relates to both stages under CrPC.

Additional Information

• Enquiry: Only partially correct — the case diary includes investigation too.
• Investigation: Only partially correct — it also relates to enquiry.
• None of these: Incorrect — it clearly relates to both enquiry and investigation.

The Correct answer is Section 154.

Key Points

• Section 154 of the Criminal Procedure Code (Cr.P.C.) pertains to the recording of First Information Report (FIR).
• It mandates that every information relating to the commission of a cognizable offense given to an officer-in-charge of a police station must be recorded.
• If the information is given orally, it should be converted into writing by the officer and read over to the informant.
• The written information should be signed by the person giving it.
• The substance of the information should be entered in a book kept by the police station in such a form as the state government may prescribe.
• This ensures that there is an official record of complaints which can be used for further investigation and legal proceedings.

 Additional Information

• Section 134
  • This section of the Indian Evidence Act states that no particular number of witnesses shall be required for the proof of any fact.
  • This essentially means that a single witness, if reliable, can be sufficient to establish a fact in court.
• Section 174
  • This section of the Criminal Procedure Code (Cr.P.C.) deals with the police to inquire and report on suicide, etc.
  • It mandates the police to inform the nearest executive magistrate when they receive information about the suicide of a person, or the unnatural death of a person.
• Section 164
  • This section of the Criminal Procedure Code (Cr.P.C.) pertains to the recording of confessions and statements.
  • Judicial Magistrates are empowered to record confessions and statements made to them during the course of an investigation.

The correct answer is option 4.

Key Points

• Section 173(1A) of CrPC provides that the investigation in relation to an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station.
• Section 2 (h) of Cr. P.C - “Investigation" includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a magistrate in this behalf”.
• Investigation is a pre-trial stage.

The correct answer is 'A Magistrate'.

Key Points

• Power under Section 156(3) of Cr.P.C:
  • Section 156(3) of the Code of Criminal Procedure (Cr.P.C.) empowers a Magistrate to direct the police to investigate a cognizable offense.
  • This provision allows the Magistrate to oversee the initiation of an investigation if a private individual or complainant brings a matter to their attention.
  • The Magistrate has the authority to ensure compliance with the law and prevent arbitrary or biased actions during the investigation process.
  • Such powers are significant in cases where the police fail to register a First Information Report (FIR) or act on a cognizable offense.

Additional Information

• Supreme Court:
  • The Supreme Court is the highest judicial authority in India and deals with constitutional matters, appeals, and writ petitions.
  • It does not exercise powers under Section 156(3) of Cr.P.C., as these investigative powers are specifically granted to Magistrates under the law.
• Sessions Judge:
  • A Sessions Judge presides over sessions courts and deals primarily with serious criminal cases such as murder and rape.
  • While the Sessions Judge has significant judicial powers, they do not have the authority to direct investigations under Section 156(3) of Cr.P.C.
• High Court:
  • The High Court has wide-ranging powers, including appellate and supervisory jurisdiction over lower courts and tribunals.
  • Although it can intervene in investigations through writs or special orders, it does not exercise powers under Section 156(3), which are specifically designated for Magistrates.

The correct answer is option 3.Key Points

• Section 460 of Criminal Procedure Code 1973 deals with Irregularities which do not vitiate proceedings.
• If any Magistrate not empowered by law to do any of the following things, namely:—
  • (a) To issue a search-warrant under section 94;
  • (b) To order, under section 155, the police to investigate an offence;
  • (c) To hold an inquest under section 176;
  • (d) To issue process under section 187, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;
  • (e) To take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 190;
  • (f) To make over a case under sub-section (2) of section 192;
  • (g) To tender a pardon under section 306;
  • (h) To recall a case and try it himself under section 410; or
  • (i) To sell property under section 458 or section 459, erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.

The correct answer is option 3.

Key Points

•  Section 164 Recording of confessions and statements.—(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial:
  • Provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence:
  • Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.
• (2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.

The Correct answer is Magistrate having jurisdiction to try the case 

Key PointsAs Per Section 155, Information as to non-cognizable cases and investigation of such cases.—

• Upon receiving information about the occurrence of a non-cognizable offense within the jurisdiction of a police station, the officer in charge is mandated to document or ensure documentation of the information’s essence in a register maintained for this purpose, following the format specified by the State Government. The informant should then be directed to approach the Magistrate.
• Investigation into a non-cognizable offense by a police officer is prohibited unless authorized by a Magistrate competent to adjudicate or refer the case for adjudication.
• A police officer, upon obtaining such authorization from a Magistrate, is entitled to deploy similar investigative powers as applicable in cognizable cases by the station officer, with the exception of making arrests without a warrant.
• If an incident encompasses multiple offenses, including at least one cognizable offense, the entire case is treated as cognizable, even if it involves non-cognizable offenses.

The correct answer is all of the above.Key Points

• Section 161 of Cr.P.C, 1973. deals with examination of witnesses by police.
• It says any police officer making an investigation under chapter 12, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally examine any person supposed to be acquainted with the facts and circumstances of the case.
• Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
• The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records.

The correct answer is 15 days.

Key Points

• Section 167 of the CrPC provides for the Procedure when investigation cannot be completed in twenty-four hours.
• It states that —(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.
  (2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:
  Provided that— (a) the Magistrate may authorise the detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding—
  (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; 
  (ii) sixty days, where the investigation relates to any other offence,
  and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;

The correct answer is fifteen days.

Key Points

• Section 167 of the CrPC provides for the Procedure when investigation cannot be completed in twenty-four hours.
• Section 167 (2) provides that: The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction: Provided that—
  (a) the Magistrate may authorise the detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding—
  (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;
  (ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;

The correct answer is either 1) or 2).

Key Points

• Section 176 of the CrPC provides for the Inquiry by Magistrate into cause of death.
• It states that —(1) When the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 174, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 174, any Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence.
  (1A) Where,—
  (a) any person dies or disappears, or
  (b) rape is alleged to have been committed on any woman, while such person or woman is in the custody of the police or in any other custody authorised by the Magistrate or the Court, under this Code in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Judicial Magistrate or the Metropolitan Magistrate, as the case may be, within whose local jurisdiction the offence has been committed.
  (2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter prescribed according to the circumstances of the case.
  (3) Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined.
  (4) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry.
  (5) The Judicial Magistrate or the Metropolitan Magistrate or Executive Magistrate or police officer holding an inquiry or investigation, as the case may be, under sub-section (1A) shall, within twenty-four hours of the death of a person, forward the body with a view to its being examined to the nearest Civil Surgeon or other qualified medical person appointed in this behalf by the State Government, unless it is not possible to do so for reasons to be recorded in writing.
  Explanation.—In this section, the expression “relative” means parents, children, brothers, sisters and spouse.