[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-III

Q.11. In cases involving serious offences, is there an obligation on the part of the Court while granting bail, to give reasons in support of its order ?Ans.Yes. Even though detailed discussion on the merits of the case need not be undertaken, the Court has to give prima facie reasons in support of its order. (Vide –Para 5 of Ajay Kumar Sharma v. State of U.P. (2005) 7 SCC 507 = 2005 KHC...

Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XVII

Q.81 Is it usual to mention in the inquest report, a gist of the FIR and the cause of death as narrated by the witnesses ? Ans. Yes. (Vide Thanedar Singh v. State of M.P. (2002) 1 SCC 487 = AIR 2002 SC 175 – 3 Judges – A. S. Anand – CJI, R. C. Lahoti, P. Venkatarama Reddi – JJ – This is because an inquest is invariably held after the registration of an...

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-II

Q.6 What is meant by "arrest" ? Ans. "Arrest" means a physical restraint put on a person as a result of allegation or accusation that he has committed a crime or an offence of a quasi-criminal nature. (Vide State of Punjab v. Ajaib Singh AIR 1953 SC 10 = 1953 Cri.L.J. 180 (SC) – 5 Judges – M. Patanjali Sastri – CJI, B. K. Mukherjea, S. R. Das, Vivian Bose, Ghulam Hasan -...

Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XVI

Q.76 Is it necessary that the "inquest" should be held at the spot where the dead body is found ? Ans. Yes. Section 174 (1) Cr.P.C says "…..the nearest Executive Magistrate shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighborhood, shall make an investigation……". The word...

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-I

A. Regular BailQ.1 Can the word "bail" be used as a verb and as a noun and what is its meaning ? Ans. The word "bail" is used both as a verb and as a noun. As a verb, the word "to bail" means - "to deliver an arrested person to his sureties upon their giving security for his appearance at the time and place designated, to submit to the jurisdiction and judgment of...

Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XV

Q.71 What is an inquest ? Ans. An inquest is an inquiry to find out the apparent cause of death of a person who has died under suspicious circumstances. In England such inquiry is conducted by a coroner or a medical examiner. Coroner is a public official whose duty is to investigate the cause and circumstances of any death that occurs suddenly, suspiciously...

Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XIV

Q.66 What is meant by "charge- sheet" or "final report" or "challan" ? Ans. These expressions are neither defined nor used in the Cr.P.C., but they are understood as such in the Police Manuals of several States. In certain rules or regulations a report filed by the Police under Section 170 Cr.P.C. when there is sufficient materials collected for placing the accused on trial,...

Judicial Service Examination- Practice Questions on First Information Report

In which of the following Case, a Three Judge Bench of Supreme Court considered the judgment in T. T. Antony and explained that the judgment in the said case does not exclude the registration of a complaint in the nature of counter claim from the purview of the Court?(a) Ram Lal Narang Vs. Om Prakash Narang and Another (b) T.T.Antony Vs State of Kerala (c) Upkar Singh v. Ved Prakash...

Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XIII

A1. INVESTIGATION BY THE POLICE – Part XIQ.61 Can an Officer superior to the SHO conduct investigation on the basis that he is an officer-in-charge of a Police station ? Ans. Yes. Under Section 36 Cr.P.C. an officer superior to the officer-in-charge of the Police Station has been given the same powers as that of the officer-in-charge of the Police Station. (Vide para 9 of...

Judicial service Examination- Practice Questions Based On Supreme Court Judgements- Criminal Law

Answers are given in bold letters1. In which of the following Case, the Supreme Court directed police to upload FIR within 24 hours in police websites?(a) PUCL Vs Union of India(b) Common Cause Vs Union of India(c) Youth Bar Association Vs Union of India(d) None of the above 2. Which of the following Cases/offences were exempted from the Supreme Court directive to upload the FIRs within 24...

Questions & Answers By Justice V. Ramkumar- Investigation By Police-PART XII

A1. INVESTIGATION BY THE POLICE – Part XIQ.56 Supposing the Investigating Officer files a closure report to the effect that no case is made out for prosecuting the accused. Has the Magistrate the authority to disagree with the Police and take cognizance of an offence made out by the prosecution records ? Ans. Yes. (Vide para 17 of M.C. Abraham v. State of Maharashtra...

Judicial Service Exams: Question (MCQs) Based On Latest Judgements With Explanatory Answers

Q1. Which of the following contentious issues was decided by the SC in its decision in Neil Aurelio Nunes and Ors v. Union of India & Ors? a) Constitutional Validity of reservations for OBCs at NEET-UG level b) Constitutional Validity of reservations for OBCs at NEET-PG level c) Constitutional Validity of reservations for SCs at NEET-PG level d) None of the...