KSLU Solved Question Papers
Criminal Law II
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 7
2012 Jun Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 7 Criminal Law II 2012 Jun Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2012 Jun examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2012 Jun examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2012 Jun examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 20 questions answered
Instructions printed on the paper
- N.B. (1) Answer all 5 Questions. (2) One essay type and one short note question or problem from each unit have to be attempted, which is referred as part (a) and (b) in all the units. (3) Figures to the right indicate marks. (4) Answers should be written either in English or Kannada completely.
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1
Unit I
(a)Explain the procedure prescribed for the trial of "Summons" cases.[15]
Answer
For full marks, cover: what a summons case is (section 2(w) of the Code of Criminal Procedure, 1973) and why it gets a simpler trial; the steps under Chapter XX (sections 251 to 259): stating the particulars without a formal charge, plea of guilty, plea by post in petty cases, evidence for both sides, acquittal or conviction; the special endings: absence or death of the complainant, withdrawal of the complaint, and stopping proceedings in police cases; conversion into a warrant trial; a comparison with the warrant trial; the leading cases (Associated Cement Co., and the 2021 Constitution Bench on cheque cases); the Bharatiya Nagarik Suraksha Sanhita, 2023; a conclusion.
What a summons case is
Section 2(w) defines a summons case as one relating to an offence that is not a warrant case. A warrant case is one punishable with death, life imprisonment or imprisonment above two years (section 2(x)). So a summons case concerns an offence punishable with imprisonment up to two years, or with fine only. Because the stakes are lower, the Code gives it a shorter trial than a warrant case, but still a full hearing on evidence. Most petty quarrels, minor hurt and many offences under special laws are tried this way.
The steps
1. Stating the particulars (section 251). When the accused appears, "the particulars of the offence of which he is accused shall be stated to him". He is asked whether he pleads guilty or has a defence. "It shall not be necessary to frame a formal charge."
2. Plea of guilty (section 252). If he pleads guilty, the Magistrate records the plea as nearly as possible in his own words. He "may, in his discretion, convict him thereon". The Magistrate need not convict if the plea seems doubtful or the facts do not make out the offence.
3. Plea by post in petty cases (section 253). Where a special summons has issued under section 206, the accused may send a letter pleading guilty, with the fine stated in the summons. He may also authorise a pleader to plead guilty for him. The Magistrate may convict him in his absence and adjust the money towards the fine.
4. Evidence (section 254). If he is not convicted on his plea, the Magistrate hears the prosecution and takes its evidence. He then hears the accused and takes his defence evidence. On request, he may summon witnesses or documents, and may require the party to deposit witnesses' expenses.
5. Judgment (section 255). If he finds the accused not guilty, he records an acquittal. If he finds him guilty, he sentences him, unless he acts under section 325 (referring to the Chief Judicial Magistrate) or section 360 (probation). He may convict of any summons-case offence that the facts show, whatever the complaint said, if the accused is not prejudiced (section 255(3)).
Special endings
1. Absence or death of the complainant (section 256). In a complaint case, if the complainant does not appear on the day fixed, the Magistrate "shall" acquit the accused. He may instead adjourn for some reason. He may also dispense with the complainant's attendance where a pleader represents him, or his presence is unnecessary. The same applies on the complainant's death.
2. Withdrawal (section 257). Before the final order, the complainant may, with the Magistrate's permission on sufficient grounds, withdraw the complaint against all or any of the accused. Those accused are then acquitted. Being an acquittal, it bars a second trial for the same offence under section 300.
3. Stopping proceedings (section 258). A summons case may have begun otherwise than on complaint, such as on a police report. A first class Magistrate may then stop the proceedings for recorded reasons. If the principal witnesses have been examined, he records an acquittal. Otherwise he releases the accused, which has the effect of a discharge.
Conversion into a warrant trial (section 259)
If the offence carries imprisonment above six months, the Magistrate may, in the interests of justice, switch to the warrant-case procedure. He re-hears the case and may recall witnesses. This lets him frame a formal charge where the facts turn out more complex than they first seemed.
Safeguards for the accused
Though short, the trial is a real trial. The accused may cross-examine the prosecution witnesses and call his own. Before judgment, the court must examine him under section 313 on the circumstances appearing against him, so that he can explain them. He may be represented by a pleader, and a poor accused is entitled to legal aid. A conviction on a plea of guilty is valid only if the plea is clear and unambiguous.
An illustration
P is accused of causing simple hurt, an offence punishable with up to one year. On his appearance, the Magistrate states the particulars: that on a certain day he struck Q with his fist. P denies it. Q and an eyewitness are examined and cross-examined, P is questioned under section 313, and his neighbour gives evidence for him. The Magistrate then acquits or convicts. If Q, the complainant, fails to appear on a hearing date after giving evidence, the Magistrate should not acquit P mechanically. Associated Cement Co. requires him to consider whether Q's presence was needed at all.
Summons trial and warrant trial compared
| Point | Summons case | Warrant case |
|---|---|---|
| Offences | Up to two years, or fine only | Death, life, or over two years |
| Accusation | Particulars stated; no formal charge | Formal written charge framed |
| Discharge before charge | No such stage | Yes, sections 239 and 245 |
| Point | Summons case | Warrant case |
|---|---|---|
| Absent complainant | Acquittal may follow (section 256) | Discharge in limited cases (section 249) |
| Stopping proceedings | Possible in police cases (section 258) | Not available |
The leading cases
Facts. In Associated Cement Co. Ltd. v. Keshvanand, AIR 1998 SC 596, decided on 16 December 1997, a company's cheque-bounce complaint was dismissed and the accused acquitted only because its representative was absent one day. The company's witnesses had already been examined.
Held. Section 256 gives a discretion that "must therefore be exercised judicially and fairly". Where the complainant's presence was not needed, acquitting the accused was not a proper use of the power. The acquittal was set aside and the trial resumed.
Why it bears. The power to acquit for absence is not a trap for complainants.
Facts. In In Re: Expeditious Trial of Cases under Section 138 of the N.I. Act, 1881, decided on 16 April 2021, a Bench of five judges examined the huge backlog of cheque cases. These are tried by Magistrates on the summary and summons-case procedure.
Held. Among other things, the Court held that section 258 does not apply to complaints under section 138. This fits the words of section 258, which cover only cases begun otherwise than on a complaint.
Why it bears. It marks the boundary of the power to stop proceedings.
Under the Sanhita
From 1 July 2024, sections 274 to 282 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replace sections 251 to 259. Section 2(1)(x) and (z) keep the definitions of summons and warrant cases. Two changes matter:
- Discharge (section 274, proviso). If the Magistrate considers the accusation groundless, he shall record reasons and release the accused. The release has the effect of a discharge. The Code had no such stage.
- Absent complainant (section 279). The Magistrate may acquit only "after giving thirty days' time to the complainant to be present".
The rest of the procedure is the same, with "advocate" in place of "pleader".
Conclusion. A summons case is tried without a formal charge. The particulars are stated, and the accused may be convicted on his plea of guilty, even by post in petty cases. Otherwise the court hears both sides' evidence and acquits or convicts. The case may end early on the complainant's absence, on withdrawal, or by stopping proceedings in police cases. It may be converted into a warrant trial where the offence is more serious. Associated Cement Co. insists that the power to acquit for absence be used judicially.
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