KSLU Solved Question Papers
Criminal Law II
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 7
2014 Jun Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 7 Criminal Law II 2014 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 2014 Jun examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2014 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 2014 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 one essay type and one short note question or problem from each Unit. (2) Figures to the right indicate marks. (3) 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)Discuss the rights of the arrested persons.[15]
Answer
For full marks, cover: the purpose of these safeguards; their source in the Constitution (articles 20(3), 21, 22(1) and (2), 39A); the rights stage by stage under the Code of Criminal Procedure, 1973 (as amended in 2009): before arrest (sections 41 and 41A), at the moment of arrest (sections 41B, 46 and 49), at the police station (sections 41C, 41D, 50, 50A, 51 and 54), before the Magistrate (sections 56, 57 and 167), and through the trial (sections 304 and 436); a summary table; the leading cases (Joginder Kumar, Khatri v. State of Bihar, Vihaan Kumar, Prem Shankar Shukla); the matching Sanhita sections; a conclusion.
Purpose
Arrest deprives a man of freedom while he is still presumed innocent. No court has yet judged him. So the power to arrest is hedged with rights, meant to stop arbitrary arrest, torture in custody and secret detention. Most of them come from the Constitution, and the Code works them out in detail.
Source in the Constitution
| Article | Guarantee |
|---|---|
| 22(1) | Grounds communicated as soon as may be; consultation with, and defence by, counsel of his choice |
| 22(2) | Production before the nearest Magistrate within a day, journey time excluded |
| 20(3) | No compulsion to incriminate himself |
| 21 | Liberty taken only by fair, just and reasonable procedure |
| 39A | Free legal aid for those who cannot pay |
Before arrest
- Arrest only when necessary (section 41(1)(b)). For an offence punishable with up to seven years, a police officer may arrest without warrant only if he is satisfied that arrest is necessary. The listed reasons include preventing a further offence, proper investigation, protecting evidence and securing attendance. He must record his reasons, and also record his reasons for not arresting.
- Notice instead of arrest (section 41A). Where arrest is not needed, the officer issues a notice to appear. A person who complies is not to be arrested unless the officer records reasons.
At the moment of arrest
- Identity and a memo (section 41B). The arresting officer wears an accurate, visible identification of his name. He draws up a memorandum of arrest. A member of the family or a respectable local resident attests it, and the arrested person countersigns it.
- Women (section 46). A woman's submission to custody is presumed on oral intimation. A male officer should not touch her. Save in exceptional cases, no woman is arrested after sunset or before sunrise, and then only with a Magistrate's prior permission.
- No more restraint than needed (section 49). The person must not be restrained more than is necessary to prevent escape.
At the police station
- Grounds and bail (section 50). He must be told "forthwith" the full particulars of the offence or the grounds of arrest. If the offence is bailable, he must be told of his right to bail.
- Someone must be told (section 50A). The police must inform a relative, friend or nominee of the arrest and place of custody. They must tell him of this right, and record who was told.
- Access to counsel (section 41D). He is entitled to see an advocate chosen by him while being questioned. The advocate need not be present for the whole questioning.
- Searching a woman (section 51(2)). Only a female officer may search her, with strict regard to decency. Articles taken from any arrested person are listed in a receipt.
- Medical examination (sections 54 and 55A). A medical officer examines him soon after arrest. Section 55A casts on whoever has custody a duty of reasonable care for his health and safety.
- Public record (section 41C). Each district has a control room, which displays the names of persons arrested and the officers who arrested them.
Before the Magistrate
- Production (sections 56 and 57). The officer brings him to a Magistrate without unnecessary delay. Detention for more than a day, journey excluded, is unlawful without a remand order.
- Remand only by order (section 167). Longer custody needs a Magistrate's order, made on seeing him. The Magistrate must check whether the arrest and detention were lawful.
- Default bail (section 167(2)). If no charge sheet is filed within sixty or ninety days, as the case may be, he is entitled to bail.
Through the trial
- Free legal aid (section 304 and article 39A). A poor accused gets a lawyer at the State's expense.
- Bail as a right in bailable offences (section 436).
- Silence. He cannot be forced to answer questions that would incriminate him.
The rights at a glance
| Stage | Main right | Section |
|---|---|---|
| Before arrest | Arrest only if necessary; notice instead | 41, 41A |
| At arrest | Arrest memo; care for women; no excess force | 41B, 46, 49 |
| Stage | Main right | Section |
|---|---|---|
| At the station | Grounds; bail if bailable; relative told; lawyer; medical check | 50, 50A, 41D, 54 |
| Before the Magistrate | Production in 24 hours; remand only by order | 56, 57, 167 |
| Trial | Legal aid; bail | 304, 436 |
The leading cases
Facts. In Joginder Kumar v. State of Uttar Pradesh, (1994) 4 SCC 260, decided on 25 April 1994, an advocate aged twenty-eight was summoned to the Ghaziabad police office for inquiries. He was detained for days, and his family could not trace him.
Held. The power to arrest is one thing, and the justification for using it is another. No arrest should be made on a mere allegation. An arrested person may have a friend or relative told of the arrest, and may consult a lawyer privately. The Magistrate must check that this was done.
Why it bears. These directions are now sections 41 and 50A.
Facts. In Khatri v. State of Bihar, (1981) 1 SCC 627, decided on 19 December 1980, prisoners blinded in police custody had not been given lawyers when first produced before Magistrates.
Held. Free legal services must be provided "at the stage when the accused is first produced before the magistrate", and at each remand. The Magistrate must tell him of this right, and the State cannot plead "financial or administrative inability".
Why it bears. Legal aid begins at the first production, not only at trial.
Facts. In Vihaan Kumar v. State of Haryana, 2025 INSC 162, decided on 7 February 2025, the accused said he was never told why he was arrested. In hospital he was handcuffed and chained to his bed.
Held. Telling the grounds of arrest is "a mandatory requirement of Article 22(1)". The burden of proving it lies on the police. If it is not done, the arrest and remand are vitiated and the person must be released, though the investigation and trial survive.
Why it bears. It makes the right to know the grounds enforceable.
Facts. In Prem Shankar Shukla v. Delhi Administration, AIR 1980 SC 1535, decided on 29 April 1980, an under-trial telegraphed a judge. He was being taken to the Delhi courts in handcuffs, in public view.
Held. Fettering a prisoner with handcuffs is, on its face, inhuman, and so unreasonable and arbitrary. It is permitted only where escape is a real risk that cannot otherwise be met. The escorting officer must record why.
Why it bears. The right against unnecessary restraint protects dignity.
Under the Sanhita
From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 renumbers these safeguards without dropping any. Section 35 replaces sections 41 and 41A, and sections 36 to 38 replace sections 41B to 41D. Sections 47 and 48 replace sections 50 and 50A, and section 53 replaces section 54. Section 58 replaces section 57, section 187 replaces section 167, and section 341 replaces section 304. Section 43(3) now permits handcuffs for listed grave offenders and escapees.
Conclusion. An arrested person has rights at every stage. Arrest must be necessary, recorded in a memo, and made with care for women. He must know the grounds and his right to bail, have someone told, meet a lawyer and be medically examined. He must reach a Magistrate within twenty-four hours, and receive free legal aid. Joginder Kumar, Khatri, Vihaan Kumar and Prem Shankar Shukla show the courts enforcing these rights.
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