Processes To Compel The Production Of Things MCQ Quiz - Objective Question with Answer for Processes To Compel The Production Of Things - Download Free PDF

The correct answer is Option 4.

Key Points

Section 94  of the Code of Criminal Procedure, 1973 Search of place suspected to contain stolen property, forged documents, etc:

(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable—
(a) to enter, with such assistance as may be required, such place,
(b) to search the same in the manner specified in the warrant,
(c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies,
(d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety,
(e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies.
(2) The objectionable articles to which this section applies are—
(a) counterfeit coin;
(b) pieces of metal made in contravention of the Metal Tokens Act, 1889 (1 of 1889), or brought into India in contravention of any notification for the time being in force under section 11 of the Customs Act, 1962 (52 of 1962);
(c) counterfeit currency note; counterfeit stamps;
(d) forged documents;
(e) false seals;
(f) obscene objects referred to in section 292 of the Indian Penal Code (45 of 1860);
(g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f). 

The correct answer is Option 4.

Key Points

• According to Section 98 of the Code of Criminal Procedure (CrPC), a male can file an oath complaint with a District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class to restore an abducted female child under 18 to her lawful charge. The lawful charge can be to her parents, guardian, husband, or other person who has legal charge of the child. 
• Section 98 allows a Magistrate to order the immediate restoration of a woman or female child who has been abducted or unlawfully detained for an unlawful purpose. 

Additional Information

• Section 98 of the Cr.P.C. is a special procedure available. It is not available for all persons. It is available only for the rescue and restoration of persons belonging to the female species. Such person must be shown to be abducted or unlawfully detained. Such detention must be proved to be for unlawful purpose. What is crucial is that, this provision it is not available for all children or all persons unlawfully detained for unlawful purposes. It has unmistakably a very special purpose to serve and that is the protection of the person belonging to the female species against unlawful detention for unlawful purpose.

The correct answer is Option 4.

Key PointsSection 96 in The Code of Criminal Procedure, 1973

Application to High Court to set aside declaration of forfeiture

1. Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 95, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in Sub-Section (1) of section 95.
2. Every such application shall, where the High Court consists of three or more Judges, be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court.
3. On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the declaration of forfeiture was made.
4. The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in Sub-Section (1) of section 95, set aside the declaration of forfeiture.
5. Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges

The correct answer is Option 1. 

Key Points Right Against Solitary Confinement, Handcuffing and Bar Fetters

• Solitary confinement refers to the complete isolation of a prisoner, segregating them from all human contact, with limited access to the open air and this can only be at the discretion of jail authorities. The maximum duration for solitary confinement is three months.
• Arrested persons or under-trial prisoners should not be subjected to handcuffing in the absence of justifying circumstances.
• In the case of Prem Shankar Shukla vs. Delhi Administration (1980), the Supreme Court held that handcuffing is inhumane and harsh.
• It is essential to prevent the escape of an under-trial, but binding a person hand and foot, fettering their limbs and forcing them to stand in courts for hours is considered equivalent to torture and humiliation.
• As a general rule, handcuffs or other fetters should not be used on under-trial prisoners unless absolutely necessary.

Additional Information Right to Meet Friends and Consult a Lawyer

• In the case of Sunil Batra v. Delhi Administration, the Supreme Court recognised the right of prisoners in India to be visited by friends and relatives, subject to search, discipline and security criteria. Such visits provide comfort to inmates in isolation.
• Prisoners have the right to meet and consult with their lawyers.

The correct answer is Option 4.

Key PointsSection 100 of CrPC deals with the persons in charge of closed places to allow search whereas the same provision has been covered under Section 103 of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS). It states that:

1. Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
2. If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of section 47.
3. Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency.
4. Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.
5. The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.
6. The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person.
7. When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person.
8. Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the Indian Penal Code (45 of 1860).

The correct answer is Option 4.

Key Points

• According to Section 98 of the Code of Criminal Procedure (CrPC), a male can file an oath complaint with a District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class to restore an abducted female child under 18 to her lawful charge. The lawful charge can be to her parents, guardian, husband, or other person who has legal charge of the child. 
• Section 98 allows a Magistrate to order the immediate restoration of a woman or female child who has been abducted or unlawfully detained for an unlawful purpose. 

Additional Information

• Section 98 of the Cr.P.C. is a special procedure available. It is not available for all persons. It is available only for the rescue and restoration of persons belonging to the female species. Such person must be shown to be abducted or unlawfully detained. Such detention must be proved to be for unlawful purpose. What is crucial is that, this provision it is not available for all children or all persons unlawfully detained for unlawful purposes. It has unmistakably a very special purpose to serve and that is the protection of the person belonging to the female species against unlawful detention for unlawful purpose.

The correct answer is Option 4.

Key PointsSection 96 in The Code of Criminal Procedure, 1973

Application to High Court to set aside declaration of forfeiture

1. Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 95, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in Sub-Section (1) of section 95.
2. Every such application shall, where the High Court consists of three or more Judges, be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court.
3. On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the declaration of forfeiture was made.
4. The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in Sub-Section (1) of section 95, set aside the declaration of forfeiture.
5. Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges

The correct answer is option 4.

Key Points

• Section 2(c) of CrPC- “Cognizable offence” means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.

• As per Section 41 of CrPC, police officers can arrest someone without a warrant in various situations, including:

1. If the person is involved in a crime (cognizable offence) or there's a reasonable complaint, credible information, or suspicion about their involvement.

2. If they have tools for house-breaking without a valid reason.

3. If they are proclaimed offenders or have been declared so by the government.

4. If they are found with items reasonably suspected to be stolen and are suspected of committing an offence related to those items.

5. If they obstruct a police officer, attempt to escape lawful custody, or are reasonably suspected of being a deserter from the Armed Forces.

6. If they are involved in an act outside India that would be an offence in India, and there's a legal basis for extradition or apprehension in India.

7. If they are released convicts breaking rules.

8. If there's a requisition from another police officer specifying the person to be arrested and the offence, and it indicates a lawful arrest without a warrant.

• Additionally, the officer in charge of a police station can arrest someone falling under certain categories specified in section 109 or 110.

• As per Section 42 of CrPC, if a person, in the presence of a police officer, is accused of committing a non-cognizable offence and refuses to provide their name and address or provides false information, the police officer can arrest them to determine their identity.
• Section 151 of CrPC provides that if a police officer is aware of someone planning to commit a serious crime and believes that arresting that person is the only way to prevent the crime, the officer can arrest them without a warrant or orders from a magistrate.

The correct answer is Option 1. 

Key Points Right Against Solitary Confinement, Handcuffing and Bar Fetters

• Solitary confinement refers to the complete isolation of a prisoner, segregating them from all human contact, with limited access to the open air and this can only be at the discretion of jail authorities. The maximum duration for solitary confinement is three months.
• Arrested persons or under-trial prisoners should not be subjected to handcuffing in the absence of justifying circumstances.
• In the case of Prem Shankar Shukla vs. Delhi Administration (1980), the Supreme Court held that handcuffing is inhumane and harsh.
• It is essential to prevent the escape of an under-trial, but binding a person hand and foot, fettering their limbs and forcing them to stand in courts for hours is considered equivalent to torture and humiliation.
• As a general rule, handcuffs or other fetters should not be used on under-trial prisoners unless absolutely necessary.

Additional Information Right to Meet Friends and Consult a Lawyer

• In the case of Sunil Batra v. Delhi Administration, the Supreme Court recognised the right of prisoners in India to be visited by friends and relatives, subject to search, discipline and security criteria. Such visits provide comfort to inmates in isolation.
• Prisoners have the right to meet and consult with their lawyers.

Section 92 CrPC says that such documents can be summoned by all the above given courts if they are required for the purpose of any investigation, inquiry, trial or other proceeding. If any document, parcel or thing In the custody of a postal or telegraph authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or Court may require the postal or telegraph authority, as the case may be, to deliver the document, parcel or thing to such person as the Magistrate or Court directs.

The correct answer is The accused

Key Points

• Section 91 of the Code of Criminal Procedure, 1973 allows a Court or officer in charge of a police station to issue a summons or written order to any person to produce a document or other thing necessary or desirable for the purposes of an investigation, inquiry, trial, or other proceedings.
• However, this power has a limitation:
  • It cannot be used to compel the accused to produce any document or thing which may incriminate him.
• This protection stems from:
  • Article 20(3) of the Constitution of India – No person accused of any offence shall be compelled to be a witness against himself.
• Judicial interpretation – Courts have held that compelling an accused to produce potentially incriminating evidence would violate this right.
• Supporting Case Law:State of Gujarat v. Shyamlal Mohanlal Choksi (1965 AIR 1251)
  • The Supreme Court held that Section 91 cannot be used to compel the accused to produce a document that may incriminate him.

Additional Information

• Option 1. The complainant : Can be summoned under Section 91 to produce documents relevant to the case.
• Option 2. The witness Can be compelled to produce documents in their possession through Section 91.
• Option 4. A person who is neither a complainant, accused, or witness : Section 91 applies to any person (other than the accused) possessing relevant documents.

 

The correct answer is Option 4.

Key Points

Section 94  of the Code of Criminal Procedure, 1973 Search of place suspected to contain stolen property, forged documents, etc:

(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable—
(a) to enter, with such assistance as may be required, such place,
(b) to search the same in the manner specified in the warrant,
(c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies,
(d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety,
(e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies.
(2) The objectionable articles to which this section applies are—
(a) counterfeit coin;
(b) pieces of metal made in contravention of the Metal Tokens Act, 1889 (1 of 1889), or brought into India in contravention of any notification for the time being in force under section 11 of the Customs Act, 1962 (52 of 1962);
(c) counterfeit currency note; counterfeit stamps;
(d) forged documents;
(e) false seals;
(f) obscene objects referred to in section 292 of the Indian Penal Code (45 of 1860);
(g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f). 

The correct answer is High Court.

Key Points 
Section 96 of the Criminal Procedure Code, 1973 relates to Application to High Court to set aside declaration of forfeiture. 

It states that : 

1. Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 95, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in Sub-Section (1) of section 95.

2. Every such application shall, where the High Court consists of three or more Judges, be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court.

3. On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the declaration of forfeiture was made.

4.The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in Sub-Section (1) of section 95, set aside the declaration of forfeiture.

5. Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges.
 

The correct answer is Option 4.

Key Points

• According to Section 98 of the Code of Criminal Procedure (CrPC), a male can file an oath complaint with a District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class to restore an abducted female child under 18 to her lawful charge. The lawful charge can be to her parents, guardian, husband, or other person who has legal charge of the child. 
• Section 98 allows a Magistrate to order the immediate restoration of a woman or female child who has been abducted or unlawfully detained for an unlawful purpose. 

Additional Information

• Section 98 of the Cr.P.C. is a special procedure available. It is not available for all persons. It is available only for the rescue and restoration of persons belonging to the female species. Such person must be shown to be abducted or unlawfully detained. Such detention must be proved to be for unlawful purpose. What is crucial is that, this provision it is not available for all children or all persons unlawfully detained for unlawful purposes. It has unmistakably a very special purpose to serve and that is the protection of the person belonging to the female species against unlawful detention for unlawful purpose.

The correct answer is Option 4.

Key PointsSection 96 in The Code of Criminal Procedure, 1973

Application to High Court to set aside declaration of forfeiture

1. Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 95, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in Sub-Section (1) of section 95.
2. Every such application shall, where the High Court consists of three or more Judges, be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court.
3. On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the declaration of forfeiture was made.
4. The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in Sub-Section (1) of section 95, set aside the declaration of forfeiture.
5. Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges