Chapter-wise Marks Distribution
S. No.
Chapter
2019
2020
2021
J
D
D
Aug.
1
Sources of Law
5
5
5
9
2022
2023
J
D
J
D
17 13
5
4
9
8
D
Average
2
Constitution of India
13
9
13
17
9
18
9
9
9
11.77
3
Interpretation of Statutes
4
9
4
8
13
8
12
8
8
8.22
4
General Clauses Act, 1897
4
8
5
4
4
4
9
4
4
5.11
5
Administrative Law
4
12
8
9
4
4
8
9
9
7.44
6
Law of Torts
4
8
12
8
13 12
8
5
8
8.66
7
Limitation Act, 1963
8
4
8
8
4
4
8
8
8
6.6
8
Civil Procedure Code, 1908
16
4
12
8
12
8
9
8
4
9
9
Indian Penal Code, 1860
5
16
4
8
12 12
8
12
9
9.55
10 Criminal Procedure Code,
4
16
9
8
8
13
8
12
8
9.55
11 Indian Evidence Act, 1872
13
4
8
8
8
8
8
4
8
7.66
12 Special Courts, Tribunals
16
8
8
5
4
4
8
4
4
6.77
12
9
8
8
4
4
8
9
12
8.22
14 Indian Stamp Act, 1899
8
8
8
4
4
4
8
8
12
7.11
15 Registration Act, 1908
8
4
4
4
4
4
4
8
8
5.33
16 Right to Information Act,
4
4
8
4
8
8
4
4
8
5.77
4
4
8
12
4
4
8
8
8
6.66
1973
Under Companies Act & Other Legislations 13 Arbitration & Conciliation
Act, 1996
2005 17 Information Technology Act,
2000
J : June; D : December Note: The total marks of each attempt exceed 100 marks as the alternate questions are also taken into consideration. I-5
Previous Exams Trend Analysis Exam
Que. No.
Chapter Name
Marks
Category
December 2020
1(a)
Sources of Law
5
Descriptive
1(b)
Constitution of India
5
Descriptive
1(c)
Criminal Procedure Code, 1973
5
Descriptive
1(d)
General Clauses Act, 1897
5
Descriptive
2(a)
Law of Torts
4
Distinguish
2(b)
Law of Torts
4
Distinguish
2(c)
Indian Evidence Act, 1872
4
Distinguish
2(d)
Indian Stamp Act, 1899
2A(i)
Information Technology Act, 2000
4
Distinguish Descriptive
2A(ii)
Civil Procedure Code, 1908
4
Descriptive
2A(iii)
Special Courts, Tribunals under Companies Act
4
Descriptive
2A(iv)
Law of Torts
4
Descriptive
3(a)
Right to Information Act, 2005
4
Descriptive
3(b)
Limitation Act, 1963
4
Descriptive
3(c)
Arbitration and Conciliation Act, 1996
4
Descriptive
3(d)
Registration Act, 1908
4
Descriptive
4(a)
Special Courts, Tribunals under Companies Act
4
Descriptive
4(b)
Indian Penal Code, 1860
4
Practical
4(c)
Administrative Law
4
Descriptive
4(d)
Interpretation of Statutes
4
Descriptive
5(a)
Civil Procedure Code, 1908
8
Descriptive
5(b)
Constitution of India
8
Descriptive
6(a)
Indian Evidence Act, 1872
4
Descriptive
6(b)
Information Technology Act, 2000
4
Descriptive
6(c)
Limitation Act, 1963
4
Descriptive
I-7
I-8
PREVIOUS EXAMS TREND ANALYSIS
Exam
Que. No. 6(d) Or 6A(i)
August 2021
Marks
Category
Right to Information Act, 2005
Chapter Name
4
Descriptive
Indian Stamp Act, 1899
4
Descriptive
6A(ii)
Arbitration and Conciliation Act, 1996
4
Descriptive
6A(iii)
Criminal Procedure Code, 1973
4
Descriptive
6A (iii)
Administrative Law
4
Descriptive
1(a)
Administrative Law
5
Descriptive
1(b)
Constitution of India
5
Practical
1(c)
Source of Law
5
Descriptive
1(d)
Special Courts, Tribunals under Companies Act
5
Descriptive
2(a)
Civil Procedure Code, 1908
4
Descriptive
2(b)
Law of Torts
4
Descriptive
2(c)
Indian Stamp Act, 1899
4
Descriptive
2(d)
Interpretation of Statutes
4
Descriptive
2A(i)
General Clauses Act, 1897
4
Descriptive
2A(ii)
Limitation Act, 1963
4
Descriptive
2A(iii)
Indian Penal Code, 1860
4
Descriptive
2A(iv)
Criminal Procedure Code, 1973
4
Descriptive
3(a)
Indian Evidence Act, 1872
4
Descriptive
3(b)
Arbitration and Conciliation Act, 1996
4
Descriptive
3(c)
Registration Act, 1908
4
Descriptive
3(d)
Right to Information Act, 2005
4
Descriptive
4(a)
Information Technology Act, 2000
4
Descriptive
4(b)
Sources of Law
4
Descriptive
4(c)
Constitution of India
4
Descriptive
4(d)
Interpretation of Statutes
4
Descriptive
5(a)
Information Technology Act, 2000
8
Descriptive
5(b)
Constitution of India
8
Descriptive
6(a)
Administrative Laws
4
Descriptive
6(b)
Law of Torts
4
Practical
6(c)
Limitation Act,1963
4
Descriptive
6(d)
Civil Procedure Code, 1908
4
Descriptive
6A(i)
Indian Penal Code, 1860
4
Descriptive
6A(ii)
Criminal Procedure Code, 1973
4
Descriptive
6A(iii)
Indian Evidence Act, 1872
4
Descriptive
6A(iv)
Arbitration and Conciliation Act, 1996
4
Descriptive
I-9
PREVIOUS EXAMS TREND ANALYSIS
Exam
Que. No.
Marks
Category
December 2021
1(a)
Constitution of India
5
Descriptive
1(b)
Sources of Law
5
Practical
June 2022
Chapter Name
1(c)
Interpretation of Statutes
5
Descriptive
1(d)
Law of Torts
5
Descriptive
2(a)
Civil Procedure Code, 1908
4
Descriptive
2(b)
Indian Penal Code, 1860
4
Descriptive
2(c)
Administrative Laws
4
Descriptive
2(d)
Criminal Procedure Code, 1973
4
Descriptive
2A(i)
Law of Torts
4
Descriptive
2A(ii)
Indian Penal Code, 1860
4
Descriptive
2A(iii)
Law of Torts
4
Descriptive
2A(iv)
General Clauses Act, 1897
4
Descriptive
3(a)
Civil Procedure Code, 1908
4
Descriptive
3(b)
Indian Evidence Act, 1872
4
Descriptive
3(c)
Limitation Act,1963
4
Descriptive
3(d)
Arbitration and Conciliation Act, 1996
4
Descriptive
4(a)
Registration Act, 1908
4
Descriptive
4(b)
Special Courts, Tribunals under Companies Act
4
Descriptive
4(c)
Information Technology Act, 2000
4
Descriptive
4(d)
Indian Stamp Act, 1899
4
Descriptive
5(a)
Right To Information Act, 2005
8
Descriptive
5(b)
Sources of Law
8
Descriptive
6(a)
Constitution of India
4
Descriptive
6(b)
Indian Penal Code, 1860
4
Practical
6(c)
Interpretation of Statutes
4
Descriptive
6(d)
Sources of Law
4
Descriptive
6A(i)
Interpretation of Statutes
4
Descriptive
6A(ii)
Indian Evidence Act, 1872
4
Descriptive
6A(iii)
Criminal Procedure Code, 1973
4
Descriptive
6A(iv)
Civil Procedure Code, 1908
4
Descriptive
1(a)
Sources of Law
5
Descriptive
1(b)
Constitution of India
5
Practical
1(c)
Constitution of India
5
Descriptive
1(d)
Criminal Procedure Code, 1973
5
Descriptive
2(a)
Law of Torts
4
Descriptive
I-10 Exam
December 2022
PREVIOUS EXAMS TREND ANALYSIS
Que. No.
Marks
Category
2(b)
Interpretation of Statutes
Chapter Name
4
Descriptive
2(c)
Sources of Law
4
Descriptive
2(d)
General Clauses Act, 1897
4
Descriptive
2A(i)
Limitation Act,1963
4
Descriptive
2A(ii)
Criminal Procedure Code, 1973
4
Descriptive
2A(iii)
Civil Procedure Code, 1908
4
Descriptive
2A(iv)
Indian Penal Code, 1860
4
Descriptive
3(a)
Sources of Law
4
Descriptive
3(b)
Special Courts, Tribunals under Companies Act
4
Descriptive
3(c)
Criminal Procedure Code, 1973
4
Descriptive
3(d)
Information Technology Act, 2000
4
Descriptive
4(a)
Right To Information Act, 2005
4
Descriptive
4(b)
Indian Stamp Act, 1899
4
Descriptive
4(c)
Registration Act, 1908
4
Descriptive
4(d)
Right to Information Act, 2005
4
Descriptive
5(a)
Law of Torts
8
Descriptive
5(b)
Constitution of India
8
Descriptive
6(a)
Interpretation of Statutes
4
Descriptive
6(b)
Administrative Laws
4
Practical
6(c)
Indian Penal Code, 1860
4
Descriptive
6(d)
Indian Penal Code, 1860
4
Descriptive
6A(i)
Indian Evidence Act, 1872
4
Descriptive
6A(ii)
Arbitration and Conciliation Act, 1996
4
Descriptive
6A(iii)
Civil Procedure Code, 1908
4
Descriptive
6A(iv)
Indian Evidence Act, 1872
4
Descriptive
1(a)
Sources of Law
5
Descriptive
1(b)
Constitution of India
5
Descriptive
1(c)
Civil Procedure Code, 1908
5
Descriptive
1(d)
General Clauses Act 1897
5
Descriptive
2(a)
Indian Penal Code, 1860
4
Descriptive
2(b)
Indian Evidence Act, 1872
4
Descriptive
2(c)
Limitation Act, 1963
4
Descriptive
2(d)
Administrative Law
4
Descriptive
2A(i)
Law of Torts
4
Descriptive
2A(ii)
Criminal Procedure Code, 1973
4
Descriptive
I-11
PREVIOUS EXAMS TREND ANALYSIS
Exam
June 2023
Que. No.
Chapter Name
Marks
Category
2A(iii)
Arbitration and Conciliation Act, 1996
4
Descriptive
2A(iv)
Indian Stamp Act, 1899
4
Descriptive
3(a)
Registration Act, 1908
4
Distinguish
3(b)
Right to Information Act, 2005
4
Descriptive
3(c)
Information Technology Act, 2000
4
Descriptive
3(d)
Constitution of India
4
Descriptive
4(a)
Interpretation of Statutes
4
Descriptive
4(b)
General Clauses Act, 1897
4
Descriptive
4(c)
Indian Stamp Act, 1899
4
Descriptive
4(d)
Administrative Law
4
Descriptive
5(a)
Special Courts, Tribunals under Companies Act
8
Descriptive
5(b)
Interpretation of Statutes
8
Descriptive
6(a)
Information Technology Act, 2000
4
Descriptive
6(b)
Criminal Procedure Code, 1973
4
Descriptive
6(c)
Law of Torts
4
Descriptive
6(d)
Civil Procedure Code, 1908
4
Practical
6A(i)
Indian Penal Code, 1860
4
Distinguish
6A(ii)
Indian Evidence Act, 1872
4
Descriptive
6A(iii)
Limitation Act,1963
4
Descriptive
6A(iv)
Arbitration and Conciliation Act, 1996
4
Descriptive
1(a)
Administrative Law
5
Practical
1(b)
Constitution of India
5
Descriptive
1(c)
Law of Torts
5
Descriptive
1(d)
Arbitration & Conciliation Act, 1996
5
Descriptive
2(a)
Sources of Law
4
Descriptive
2(b)
Interpretation of Statutes
4
Descriptive
2(c)
General Clauses Act, 1897
4
Descriptive
2(d)
Limitation Act, 1963
4
Descriptive
2A(i)
Administrative Law
4
Descriptive
2A(ii)
Civil Procedure Code, 1908
4
Descriptive
2A(iii)
Special Courts, Tribunals under Companies Act & Other Legislations
4
Descriptive
2A(iv)
Indian Penal Code, 1860
4
Descriptive
3(a)
Criminal Procedure Code, 1973
3
Descriptive
3(b)
Indian Stamp Act, 1899
3
Descriptive
I-12 Exam
Dec. 2023
PREVIOUS EXAMS TREND ANALYSIS
Que. No.
Marks
Category
3(c)
Registration Act, 1908
Chapter Name
3
Descriptive
3(d)
Information Technology Act, 2000
3
Descriptive
4(a)
Right to Information Act, 2005
3
Descriptive
4(b)
Limitation Act, 1963
5
Descriptive
4(c)
Civil Procedure Code, 1908
5
Distinction
4(d)
Criminal Procedure Code, 1973
5
Descriptive
5(a)
Indian Penal Code, 1860
5
Practical
5(b)
Indian Stamp Act, 1899
4
Descriptive
6(a)
Criminal Procedure Code, 1973
3
Descriptive
6(b)
Information Technology Act, 2000
3
Descriptive
6(c)
Indian Evidence Act, 1872
3
Descriptive
6(d)
Arbitration & Conciliation Act, 1996
3
Descriptive
6A(i)
Registration Act, 1908
3
Descriptive
6A(ii)
Interpretation of Statutes
3
Descriptive
6A(iii)
Constitution of India
3
Descriptive
6A(iv)
Sources of Law
3
Descriptive
1(a)
Administrative Law
5
Practical
1(b)
Indian Penal Code, 1860
5
Descriptive
1(c)
Sources of Law
5
Descriptive
1(d)
Constitution of India
5
Descriptive
2(a)
Limitation Act, 1963
4
Distinction
2(b)
Interpretation of Statutes
4
Descriptive
2(c)
Law of Torts
4
Descriptive
2(d)
Constitution of India
4
Descriptive
2A(i)
General Clauses Act, 1897
4
Descriptive
2A(ii)
Administrative Law
4
Descriptive
2A(iii)
Civil Procedure Code, 1908
4
Descriptive
2A(iv)
Criminal Procedure Code, 1973
4
Descriptive
3(a)
Law of Torts
3
Descriptive
3(b)
Indian Stamp Act, 1899
3
Descriptive
3(c)
Right to Information Act, 2005
3
Descriptive
3(d)
Indian Penal Code, 1860
3
Descriptive
4(a)
Information Technology Act, 2000
3
Descriptive
4(b)
Special Courts, Tribunals under Companies Act & Other Legislations
5
Descriptive
I-13
PREVIOUS EXAMS TREND ANALYSIS
Exam
Que. No.
Chapter Name
Marks
Category
4(c)
Arbitration & Conciliation Act, 1996
5
Distinction
4(d)
Information Technology Act, 2000
5
Descriptive
5(a)
Indian Evidence Act, 1872
5
Practical
5(b)
Arbitration & Conciliation Act, 1996
4
Descriptive
6(a)
Registration Act, 1908
3
Descriptive
6(b)
Interpretation of Statutes
3
Descriptive
6(c)
Registration Act, 1908
3
Descriptive
6(d)
Indian Stamp Act, 1899
3
Descriptive
6A(i)
Limitation Act, 1963
3
Descriptive
6A(ii)
Criminal Procedure Code, 1973
3
Descriptive
6A(iii)
Sources of Law
3
Descriptive
6A(iv)
Information Technology Act, 2000
3
Descriptive
Contents PAGE
Chapter-wise Marks Distribution
I-5
Previous Exams Trend Analysis
I-7
Chapter 1 1.1
SOURCES OF LAW
Chapter 2 2.1
CONSTITUTION OF INDIA
Chapter 3 3.1
INTERPRETATION OF STATUTES
Chapter 4 4.1
GENERAL CLAUSES ACT, 1897
Chapter 5 5.1
ADMINISTRATIVE LAW
Chapter 6 6.1
LAW OF TORTS
Chapter 7 7.1
LIMITATION ACT, 1963
Chapter 8 8.1
CIVIL PROCEDURE CODE, 1908
Chapter 9 9.1
INDIAN PENAL CODE, 1860
Chapter 10 CRIMINAL PROCEDURE CODE, 1973
I-15
10.1
I-16
CONTENTS PAGE
Chapter 11 INDIAN EVIDENCE ACT, 1872
11.1
Chapter 12 SPECIAL COURTS, TRIBUNALS UNDER COMPANIES ACT & OTHER
LEGISLATIONS
12.1
Chapter 13 ARBITRATION & CONCILIATION ACT, 1996
13.1
Chapter 14 INDIAN STAMP ACT, 1899
14.1
Chapter 15 REGISTRATION ACT, 1908
15.1
Chapter 16 RIGHT TO INFORMATION ACT, 2005
16.1
Chapter 17 INFORMATION TECHNOLOGY ACT, 2000
17.1
Solved Paper : June 2023 (Suggested Answers)
P.1
Solved Paper : Dec. 2023 (Suggested Answers)
P.26
10
CRIMINAL PROCEDURE CODE, 1973
CHAPTER
DEFINITIONS 1. Define ‘Complaint’ under Criminal Procedure Code, 1973. [Dec. 2020 (4 Marks)] Ans.: Complaint [Section 2(d)] “Complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code that some person, whether known or unknown, has committed an offence, but it does not include a police report.
2. Distinguish between: Warrant Case & Summons Case [June 2010 (4 Marks)] Ans.: Following are main points of difference between warrant case & summons case. Points
Warrant Case
Summons Case
Meaning
Warrant-case means a case relating Summons case means relating to an offence, and to an offence punishable with not being a warrant-case. Death or imprisonment for life or imprisonment for a term exceeding 2 years.
Charge
Charge is to be framed.
Conviction
After the charge is framed, if Magistrate has discretion the accused pleads guilty, the to convict an accused, if he Magistrate may Convict him. pleads guilty.
Discharge/ release
Magistrate cannot discharge the Accused may be released accused if the complainant does if the complainant does not appear. not appear. 10.1
No charge need be framed.
TAXMANN®
However, a report made by the police officer in a case which discloses after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint, and the police officer making the report as a complainant.
10.2 Points
CRIMINAL PROCEDURE CODE, 1973
Warrant Case
Summons Case
Consent for withdrawn
With the consent of the Court, the complainant can withdraw the remaining charges if the accused is convicted on one or more charges.
With the permission of the Magistrate, the complainant can withdraw his complaint.
Conversion
A warrant case cannot be converted A summons case can be into a summons case. converted into a warrant case.
3. Distinguish between: Bailable offence & non-bailable offence [June 2010 (4 Marks); June 2010 (4 Marks)] Ans.: Following are the main points of difference between bailable & nonbailable offence:
TAXMANN®
Points
Bailable Offence
Non-bailable Offence
Meaning
A bailable offence is an offence A non-bailable offence which is shown as bailable in means offence other than First Schedule to the Code or bailable offence. which is made bailable by any other law.
Example
The First Schedule to the Code of The examples of nonCriminal Procedure gives a list of bailable offence are: bailable offence, as for instance: - Murder, - Rioting, - Culpable homicide, - Being a member of an - Counter feting coins unlawful assembly, etc. - Bribery so on.
Seriousness
Bailable offences are less serious.
Cognizable/ NonCognizable
Bailable offences are generally Non-bailable offences are non-cognizable. generally cognizable.
IPC
If an offence which is punishable with imprisonment for less than 3 years or with fine only, it is bailable.
Arrest
Police officer is authorized to Police officer is authorized arrest with warrant. arrest without warrant.
Non-bailable offences are more serious.
A Non-bailable offence is one which is punishable with a death penalty or life imprisonment for 3 years or more.
4. Distinguish between: ‘Pleader’ and ‘Public Prosecutor’. [June 2014 (4 Marks)]
CRIMINAL PROCEDURE CODE, 1973
10.3
Ans.: Pleader [Section 2(q)]: With reference to any proceedings in any Court, it means a person authorized by or under any law for the time being in force, to practice in such Court and includes any other person appointed with the permission of the Court to act in such proceeding. It is an inclusive definition and a non-legal person appointed with the permission of the Court will also be included. Public Prosecutor [Section 2(u)]: A public prosecutor means any person appointed u/s 24, and includes any person acting under the directions of a Public Prosecutor. Public prosecutor, though an executive officer is, in a larger sense, also an officer of the Court and he is bound to assist the Court with his fair views and fair exercise of his functions. 5. Distinguish between: ‘investigation’ and ‘Inquiry’ under the Code of Criminal Procedure, 1973. [Dec 2014 (4 Marks)] Ans.: Following are main points of distinction between investigation & inquiry. Points By whom
Inquiry Inquiry means every inquiry, other than a trial conducted by a Magistrate or a Court.
Inquiry beings interrogation.
with
Aim
The main aim of Investigation An inquiry aims at determining is to collect evidence. the truth or falsify of certain facts. Judicial/ An investigation is never An inquiry may be judicial or non-judicial judicial. non-judicial. 6. Distinguish between: Cognizable Offence & Non-Cognizable Offence [June 2011; Dec 2014 (4 Marks)] OR Distinguish between cognizable and non-cognizable offence under the Criminal Procedure Code, 1973. [June 2019 (4 Marks)] Ans.: Following are the main points of difference between cognizable & noncognizable offences: Points Meaning
Non-cognizable offence Non-cognizable offence means an offence for which a police officer can make arrest with warrant.
Cognizable offence Cognizable offence means an offence for which a police officer may arrest without warrant.
TAXMANN®
Investigation Investigation includes all the proceedings for the collection of evidence, conducted by a police officer or by any person who is authorized by a magistrate in this behalf. What is done Investigation represents an attempt to collect of evidence.
10.4
CRIMINAL PROCEDURE CODE, 1973
Points
Non-cognizable offence
Cognizable offence
Cognizable/ NonCognizable
Non-cognizable offences are Cognizable offences are generally bailable. generally non-bailable.
Seriousness
Non-cognizable offences are Cognizable offences are more less serious. serious.
Arrest by Police Officer
Police officer is authorized to Police officer is authorized arrest with warrant. arrest without warrant.
POWER OF COURTS TO PASS SENTENCE 7. Discuss in brief the power of the court to try offences under Indian Penal Code and any other law as laid down in Criminal Procedure Code, 1973. [June 2022 (5 Marks)]
TAXMANN®
OR Discuss the powers of various courts under the Code of Criminal Procedure, 1973. [Dec 2009 (5 Marks)] Ans.: Following are the powers of Court to pass sentence: Section Section 28
Section 29
Court/Magistrate High Court Session Judge or Additional Session Judge
Sentence that can be passed Can pass any sentence authorized by law. Can pass any sentence authorized by law.
However death sentence has to be confirmed by High Court. Can pass sentence for term up to 10 years Assistant Session Judge imprisonment. Chief Judicial Can pass sentence for term up to 7 years Magistrate imprisonment. Magistrate of First Class Can pass sentence for term upto 3 years imprisonment or
Fine up to ` 10,000 or
Both Can pass sentence for term upto 1 year imprisonment or
Magistrate of Second Class
Chief Metropolitan Magistrate
Fine upto ` 5,000 or
Both Shall have all the powers of Chief Judicial Magistrate, Magistrate of First Class and Magistrate of Second Class.
CRIMINAL PROCEDURE CODE, 1973
10.5
8. A Magistrate of the First Class passes a sentence of imprisonment for a term of 3 years with a fine of ` 10,000, and in case of failure to pay the fine, to serve an additional imprisonment for another 1 year. The convict feels aggrieved by the sentence. Can he prefer an appeal against the judgment? [Dec 2010 (6 Marks)] Ans.: As Section 29 of the Code of Criminal Procedure, 1973, Magistrate of 1st Class:
Can pass sentence for term up to 3 years imprisonment or
Fine up to ` 10,000 or
Both
As per Section 30 of the Code of Criminal Procedure, 1973, the Court of a Magistrate may award additional imprisonment in default of payment of fine. However the term of imprisonment shall not exceed 1/4th of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence.
The accused is advised to challenge the validity of the sentence accordingly. 9. Angad is charged for murder of Binod. The charge sheet is filed in the Court of Chief Judicial Magistrate, who passed an order of sentence of imprisonment for life. Angad engages you as an advocate. Advise the course of action to Angad giving reasons. [Dec. 2010 (5 Marks)] OR ‘X’ is charged for murder of ‘Y’. The charge sheet is filed in the court of Chief Judicial Magistrate, who passed the order of sentence of life imprisonment. ‘X’ engages you as an Advocate. What shall be your advice in the matter? [Dec. 2013 (5 Marks)] Ans.: According to Section 29 of the Code of Criminal Procedure, 1973, Chief Judicial Magistrate is competent to pass sentence for term upto 7 years imprisonment. Hence, Angad can file appeal against the order of the Chief Judicial Magistrate. 10. Section 41 of the Criminal Procedure Code, 1973 enumerates the different categories of cases in which a police officer may arrest a person without an order from a Magistrate and without a warrant. Explain any five Categories of such cases. [Dec. 2020 (5 Marks)]
TAXMANN®
In present case, the Judicial Magistrate of the First Class can inflict sentence of imprisonment which may extend to 3 years as punishment for the offence of theft. Therefore, the term of additional imprisonment which can be awarded in default of payment of fine cannot be more than 1/4th of 3 years. In other words, the term of additional imprisonment in default of payment fine cannot exceed 9 months. [36 months × 1/4 = 9 months]
10.6
CRIMINAL PROCEDURE CODE, 1973
OR State any four categories of cases in which a police officer may arrest a person without an order from a Magistrate and without a warrant. [Dec. 2013 (4 Marks)] OR Enumerate any four categories of cases in which a police officer may arrest a person without an order from magistrate and without a warrant under section 41 of Cr. P.C., 1973. [Dec. 2019 (4 Marks)] Ans.: As per Section 41 the Code of Criminal Procedure, 1973, any police officer may without an order from a Magistrate and without a warrant, arrest any person – (a) Who has been concerned in any cognizable offence or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned.
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(b) Who has in possession, without any lawful excuse an implement of house-breaking. (c) Who has been proclaimed as an offender, either under the Criminal Procedure Code or by any order of the State Government. (d) In whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing. (e) Who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody. (f) Who is reasonably suspected of being a deserter from any of the Armed Forces of the Union. (g) Who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India. (h) Who, being a released convict, commits a breach of any rule made u/s 356(5). (i) For whose arrest any requisition, whether written or oral, has been received from another police officer. However, the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears there from that the person might lawfully be arrested without a warrant by the officer who issued the requisition.
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SUMMON & WARRANT 11. What are the duties of a police officer while making an arrest under section 41B and the right of an arrested person under section 41D of Criminal Procedure Code, 1973 ? [June 2022 (4 Marks)] Ans.: Section 41B talks about the procedure of arrest and duties of the officer making arrest. According to it every police officer while making an arrest shall— (a) bear an accurate, visible and clear identification of his name which will facilitate easy identification. (b) prepare a memorandum of arrest which shall be — (i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made. (ii) countersigned by the person arrested; and (c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest.
12. Distinguish between: Summons and warrant of arrest [June 2013 (4 Marks)] Ans.: Following are main points of difference between summons and warrants. Points Meaning
Summons
Warrants
A Summons is a form of pro- A warrant is an order to a cess issued by a Court, calling police officer or other person upon a person to appear before to arrest a person. Magistrate, or to produce a document or thing.
Absconding to Absconding to evade service Absconding to evade service evade service of a summons is not punish- of a warrant is punishable able. under the Indian Penal Code, 1860. Substituted service
Substituted service is available Substituted service is not for summons. available for warrant.
Step
The issue of a warrant is a more A warrant is justified, if drastic step than the issue of a summon, which is duly summons. served is disobeyed or if the accused wilfully avoids service of the summons.
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According to section 41D when any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.
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13. Explain the requisites of a ‘warrant of arrest’. What is the time limit within which the police officer should bring the person arrested before the court. [Aug. 2021 (4 Marks)] Ans.: Warrant of Arrest (i) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court, and shall bear the seal of the Court. (ii) It is an order given to the police officer or the authorised person to arrest the person. (iii) Such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed. (Section 70) (iv) The form of warrant of arrest is Form No. 2 of the Second Schedule. (v) The requisites of a warrant are as follows: (a) It must be in writing;
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(b) It must bear the name and designation of the person who is to execute it; (c) It must give full name and description of the person to be arrested; (d) It must state the offence charged; (e) It must be signed by the presiding officer; and (f) It must be sealed. (vi) Person accused shall be presented before the court within 24 hours of his arrest excluding the journey time from one place of arrest to magistrate court. 13A. What are the remedies under Criminal Procedure Code, where a warrant remains unexecuted? [Dec. 2022 (4 Marks)] Ans.: Where a warrant remains unexecuted, the Code of Procedure Code, 1973 provides for two remedies: (i) If a Court has reason to believe that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, the Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than 30 days from the date of publishing such proclamation. (Section 82). (ii) The Court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person. The object of attaching property is not to punish him but to compel his appearance.
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14. Describe in brief the cases in which a Search Warrant can be issued under Section 93 in the Criminal Procedure Code, 1973. Ans.: Sometimes it is necessary that a person should produce a document or other thing which may be in his possession or power for the purposes of any investigation or inquiry under this Code. This can be compelled to be produced by issuing summons [Sections 91 & 92] or a warrant [Sections 93 to 98]. When search-warrant may be issued [Section 93]: A search warrant can be issued in the following three cases:
Where the Court has reason to believe that the person to whom a summons or order is addressed will not produce document or thing as required by summons or requisition.
Where document or thing is not known to the Court to be in the possession of any person.
Where general search or inspection is necessary.
The person to whom such warrant is directed may search or inspect in accordance with search warrant.
Similarly, Search Warrant also cannot be issued so as to affect Sections 123 & 124 of the Indian Evidence Act, 1872 or the Bankers Books Evidence Act, 1981. 15. Explain the procedure given in Criminal Procedure Code, 1973 for publication of proclamation regarding absconding persons. [Dec. 2021 (4 marks)] Ans.: Publication of Proclamation If a Court has reason to believe that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, the Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than 30 days from the date of publishing such proclamation. (Section 82). SECURITY FOR PEACE & GOOD BEHAVIOUR 16. Discuss the grounds under which the Court at the time of passing sentence on accused person, order him to execute a bond for keeping peace to such period and when such a bond so executed shall become void? [Dec. 2022 (4 Marks)] Ans.: According to Section 106 when a Court of Session or Court of a Magistrate of first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take
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A search warrant shall not be issued for searching a document, parcel or other thing in the custody of the postal or telegraph authority by a Magistrate other than a District Magistrate or Chief Judicial Magistrate.
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CRIMINAL PROCEDURE CODE, 1973
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security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding three years, as it thinks fit. The offences specified under sub-section (2) are as follows: (a) any offence punishable under Chapter VIII of the Indian Penal Code, 1860. (b) any offence which consists of or includes, assault or using criminal force or committing mischief; (c) any offence of criminal intimidation; (d) any other offence which caused, or was intended or known to be likely to cause a breach of the peace. However, if the conviction is set aside on appeal or otherwise, the bond so executed shall become void. 16A. An Executive Magistrate receives information that Chanchal is likely to do a wrongful act that may probably occasion a breach of peace or disturb the public tranquility. Whether he can require Chanchal to show cause why he should not be ordered to execute a bond for keeping the peace for a period of 3 years. Ans.: As per Section 107 of the Code of Criminal Procedure, 1973, when an Executive Magistrate receives information that any person is likely to: Commit a breach of offence. Disturb the public tranquility. Do any wrongful act that may probably occasion the peace; or disturb the public tranquility he may require such person to show cause why he should not be ordered to execute a bond for keeping peace for a period not exceeding 1 year, as the Magistrate deem fit. In the present problem, time-period is 3 years, as such, requisition order cannot be made. 17. Discuss the power to issue order is urgent cases of nuisance or apprehended danger under section 144 of the Criminal Procedure Code, 1973. [Aug. 2021 (4 Marks)] Ans.: (i) As per Section 144 of the Code where in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this Section and immediate prevention or speedy remedy is desirable. (ii) An order under this Section may be passed ex-parte in cases of emergency or in cases where the circumstances do not admit of the serving of notice in due time upon the person against whom the order is directed.
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(iii) An order under this Section can remain in force for two months, and may be extended further for a period not exceeding six months by the State Government if it considers necessary. 18. Discuss the power under section 144 of the Code of Criminal Procedure, 1973 to issue order in urgent cases of nuisance or apprehended danger. [Dec. 2021 (4 Marks)] Ans.: Power to issue order in urgent cases of nuisance or apprehended danger
An order under this section may be passed ex parte in cases of emergency or in cases where the circumstances do not admit of the serving of notice in due time upon the person against whom the order is directed. An order under this section can remain in force for two months, and may be extended further for a period not exceeding six months by the State Government if it considers necessary. MAINTENANCE OF PUBLIC ORDER AND TRANQUILITY 19. A tenant had abandoned the disputed house before his death but possession of the said house was not handed over to the landlord. The heirs of the deceased tenant had not paid rent but they had locked the house. The Sub-Divisional Magistrate issued an order under Section 144 of the Code of Criminal Procedure, 1973 to unlock the house. The heirs of the deceased tenant resist the order of the Sub-Divisional Magistrate. Will they succeed? What will be your answer, if the said house is in a dilapidated condition and is likely to endanger human life, health or safety? Ans.: As per Section 144 of the Code of Criminal Procedure, 1973, Magistrate can issue order if there is sufficient ground for immediate prevention or speedy remedy. Magistrate may direct any person to abstain from a certain act, to prevent, obstruction, annoyance of injury or danger to human life, health or safety or a disturbance of the public tranquility, or an affray. Hence, in this case the Sub-Divisional Magistrate can pass order only if the house is in such a dilapidated condition as to be potential danger to human
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As per section 144 of the Code where in the opinion of a District Magistrate, a Sub-Divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, in such cases the Magistrate may by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent or tends to prevent, obstruction, annoyance of injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the public tranquility, or a riot, or an affray.
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life, and not otherwise. The heirs will succeed in resisting the order only if the house is not in danger to public. 20. Explain the conditional order for removal of nuisance issued by executive magistrate under section 133 of Criminal Procedure Code, 1973. [June 2022 (4 Marks)] Ans.: Conditional order for removal of nuisance (Section 133) The following public nuisances which can be proceeded against: (1) the unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or (2) carrying on any trade or occupation, or keeping of any goods or merchandise, injurious to the health of the community; or (3) the construction of any building or the disposal of any substance, as is likely to cause conflagration or explosion; etc. (4) the building, tent or structure near a public place.
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(5) the dangerous animal requiring destroying, confining or disposal. 21. The Sub-Divisional Magistrate at the instance of officer in-charge of police station passed an order under Section 144 of the Code of Criminal Procedure, 1973 by which petitioner’s Puja Committee and others were prohibited from taking out immersion procession of statue of Goddess Durga and passing in front of two Mosques in the village concerned playing music on Vijayadashmi day. Members of Hindu community agitate the order as such order amounts to interference in their legal exercise of customary and religious right. Whether the order passed by the Sub Divisional Magistrate is valid? Give reasons in support of your answer. Ans.: As per Section 144 of the Code of Criminal Procedure, 1973, Magistrate can issue order if there is sufficient ground for immediate prevention or speedy remedy. Magistrate may direct any person to abstain from a certain act, to prevent, obstruction, annoyance of injury or danger to human life, health or safety or a disturbance of the public tranquility, or an affray. In this case, The Sub-Divisional Magistrate issues an order by which petitioner’s Puja Committee and others were prohibited from taking out immersion procession of statue of Goddess Durga and passing in front of two mosques in the village. This order is valid as it is an imminent danger to the peace and tranquility. Moveover, taking out the procession itself is not to be barred; it should be ordered that the procession should not cause any harm or disturbance to public, especially public coming to the mosques.
CRIMINAL PROCEDURE CODE, 1973
10.13
PREVENTIVE ACTIONS OF POLICE 22. Shyam, a police officer comes to know from reliable sources that four persons are staying in a house and planning to kidnap and murder Rajan. They are equipped with automatic weapons. The police officer apprehends that they will commit the crime at any moment. He directly goes to that house and, without any warrant or order from the Metropolitan Magistrate, arrests all the four persons along with weapons in their possession. Is the arrest of all the four persons valid? Decide with reasons. [June 2013 (6 Marks)] Ans.: Normally no person can be arrested without order of the Court or warrant. However, Section 151 of the Code of Criminal Procedure, 1973 empowers a police officer to prevent the commission of any cognizable offence (i.e. non-bailable). A police officer can arrest any person designing to commit cognizance offence without a warrant if it appears to him that the commission of offence cannot be otherwise prevented. The person so arrested by the police officer cannot be detained in custody for a period exceeding 24 hours.
INFORMATION TO POLICE & THEIR POWER TO INVESTIGATE 23. Discuss the provisions relating to information to the police and their power to investigate in cognizable and non-cognizable cases under the Criminal Procedure Code, 1973. [Dec 2019 (8 Marks)] Ans.: Information in cognizable cases [Section 154]:
Every information relating to the commission of a cognizable offence given shall be reduced to writing by officer in charge of a police station. It shall be read over to the informants. It shall be signed by the person giving it. The substance of such information shall be entered in a prescribe book.
A copy of the information shall be given forthwith, free of cost, to the informant.
Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information may send the substance of such information in writing and by post to the Superintendent of Police concerned. If Superintendent satisfies that such information discloses the commission of a cognizable offence, he shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him in the prescribed manner.
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As per facts given in case, some persons are planning to kidnap and murder Rajan which is cognizance offence and hence police officer can arrest such persons without any warrant or order from the Magistrate.
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CRIMINAL PROCEDURE CODE, 1973
Information as to non-cognizable cases and investigation of such cases [Section 155]: When information is given to police officer of the commission of a non-cognizable offence, he shall enter the substance of the information in a book and refer the informant to the Magistrate. No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case. Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case. Police officer’s power to investigate cognizable cases [Section 156]: Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case. No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one, which such officer was not empowered under this section to investigate. Any Magistrate empowered under section 190 may order such an investigation as above mentioned. 24. Ajit went to a police station to lodge a First Information Report (FIR) against Birsa for cognizable offence but the officer in-charge of police station refuses to record the FIR. What is your advice to Ajit for further action? Ans.: As per Section 154(3) of the Code of Criminal Procedure, 1973, any person aggrieved by a refusal on the part of an officer in-charge of a police station to record the information may send the substance of such information in writing and by post to the Superintendent of Police concerned. Thus, Ajit is advised to send information or the substance of information relating to cognizable offence in writing and by post to the Superintendent of Police concerned. If Superintendent satisfies that such information discloses the commission of a cognizable offence, he shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him in the prescribed manner. It will also be treated as FIR. Secondly, Ajit may make a complaint of such offence before the Magistrate u/s 200. 25. A first information report is lodged against Krook for committing one cognizable and three non-cognizable offences. Can the police conduct investigation in respect of all the four offences without an order from the Magistrate?
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Ans.: Where a case relating to two or more offence of which at least one is cognizable, the case shall be deemed to be a cognizable case, irrespective of the fact that the other offences are non-cognizable. Accordingly, the referred case will be treated as a cognizable case; and hence, the police can conduct investigation in respect of all the offences without the order of a Magistrate. 26. Distinguish between: ‘Complaint’ and ‘FIR’.
[Dec 2013 (4 Marks)]
Ans.: Following are the main points of difference between complaint and FIR: Points Meaning
Complaint
First Information Report
A complaint is an allegation The first information is given made orally or in writing to in writing or orally to a police a Magistrate. officer.
Cognizance The Magistrate can take The Magistrate cannot take cognizance of an offence on cognizance of an offence on FIR. a complaint. Who can
POWER OF MAGISTRATE 27. When can the Magistrate take cognizance of offences? [Dec 2012 (4 Marks)] Ans.: As per Section 190 of the Code Criminal Procedure, 1973, any Magistrate of the First Class, and any Magistrate of the Second Class specially empowered in this behalf, may take cognizance of any offence (a) upon receiving a complaint of facts which constitute such offence; (b) upon a police report of such facts; (c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed. The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance of such offences as are within his competence to inquire into or try. LIMITATION PERIOD FOR TAKING COGNIZANCE 28. A commits an offence punishable with imprisonment which may extend to 3 years in 2012. Soon thereafter, A went to America. On his return in 2018, prosecution was started against A in respect of the above offence. A raised an objection that the Court cannot take cognizance of the offence
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A complaint can be given Any person can give the first only by a person authorized information. under law under certain circumstances.
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CRIMINAL PROCEDURE CODE, 1973
because a period of more than 3 years has elapsed after the commission of the offence. Will the Court allow this objection? Ans.: In the given problem, A has committed an offence punishable with imprisonment up to 3 years. Hence, cognizance can be taken before expiry of a period of 3 years. But in computing the period of limitation the time during which the offender has been out of India or from any territory outside India shall be excluded. Hence, the Magistrate can taken cognizance because, the span of time from 2012 to 2018 will not be included in computation to period of limitation, as during this period A was absent from India. ANTICIPATORY BAIL & SUMMARY TRIAL
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29. Raman moves an application for anticipatory bail before a Judicial Magistrate of First Class of the area, for bailable offence. Can A get anticipatory bail? Ans.: As per Section 438 of the Code of Criminal Procedure, 1973, anticipatory bail can be granted in a non-bailable offence only by the High Court or the Court of Session. Judicial Magistrate of First Class has got no power to grant anticipatory bail. Further anticipatory bail cannot be granted for bailable offence. 30. Sohan is tried summarily by the Chief Judicial Magistrate on the charge of committing theft and is sentenced to undergo rigorous imprisonment for 6 months. Sohan wants to challenge this decision. Can he do so? Discuss. [June 2012 (5 Marks)] Ans.: According to Section 262 of the Code of Criminal Procedure, 1973, no sentence of imprisonment for a term exceeding 3 months can be passed in case of conviction in a summary trial. Thus, the sentence of 6 months imprisonment could not have been legally awarded in the given case by Chief Judicial Magistrate. Sohan should, therefore, file an appeal before the appropriate Court challenging the quantum of punishment. 31. Discuss the summary trial by a Magistrate under the Criminal Procedure Code, 1973. [Dec. 2018 (4 Marks)] Ans.: Section 260 to Section 265 of the Criminal Procedure Code, 1973 deals with the various provisions relating to summary trials. Meaning: A summary trial implies speedy disposal. A summary case is thus which can be tried and disposed at once. Thus, the summary procedure is not applicable contentious and complicated case which requires a full and lengthy inquiry. Generally, it will apply to such offences not punishable with imprisonment for a term exceeding two years. Procedure: In a summary trial, all cases should be tried by the summons procedure whether the case is a summons case or warrant case.
CRIMINAL PROCEDURE CODE, 1973
10.17
Offences that can be dealt with summary trial:
Offences not punishable with death, imprisonment for life, or imprisonment for a term exceeding 2 years.
Theft of value of property up to ` 2,000 u/ss 379, 380, 381 of IPC, 1860.
Assisting in the concealment or disposal of stolen property up to ` 2,000 u/s 414 of IPC.
Receiving or retaining stolen property up to ` 2,000 under Section 411 of IPC.
Offences under Sections 454 & 456 of IPC (lurking house, trespass etc.).
In suit with intend to provoke breach of peace under Section 504 and Criminal Intimidation u/s 506 of IPC.
Abetment of any foregoing offences.
An attempt to commit any forgoing offence, when such attempt also is an offence.
Any offence constituted by an act in respect of which a complaint may be made u/s 20 of the Cattle Trespass Act, 1871.
No sentence of imprisonment for a term exceeding 3 months shall be passed in any conviction in summary trials. No limit for fine. Judgment in summary trials: In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reason for the finding. The concerned Magistrate must sign such record and judgment.
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Procedure for summary trials [Section 262]: In all summary trials the summons case procedure should be followed irrespective of the nature of the case i.e. whether it is a summons case or a warrant case.
JURISPRUDENCE INTERPRETATION & GENERAL LAWS ( JIGL) | CRACKER AUTHOR
: N.S. Zad, Kalyani Shirode
PUBLISHER
: TAXMANN
DATE OF PUBLICATION
: 22/01/2024
EDITION
: 10TH EDITION
ISBN NO
: 9789357784726
NO. OF PAGES
: 330
BINDING TYPE
: PAPERBACK
Rs. 310
DESCRIPTION This book is prepared exclusively for the Executive Level of Company Secretary Examination requirement. It covers the questions (topic-wise) & detailed answers strictly as per the old syllabus of ICSI. The Present Publication is the 10th Edition for CS-Executive | Old Syllabus | June 2024 Exam. This book is authored by CS N.S. Zad & CS Kalyani Shirode, with the following noteworthy features: • Coverage of this book includes: o All Past Exam Questions, including: - Solved Paper | Dec. 2023 | Suggested Answers • [Topic-wise Arrangement of Question] Questions in each chapter are arranged 'topic-wise' • [Most Updated & Amended] This book covers the latest applicable provisions and amendments under the respective laws • [Marks Distribution] Chapter-wise marks distribution from June 2019 onwards • [Trend Analysis] of Past Exams from December 2020 onwards
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