KSLU Solved Question Papers
Criminal Law II
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 7
2015 Jun Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 7 Criminal Law II 2015 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 2015 Jun examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2015 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 2015 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 · 13 questions answered
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.
Q1Explain the powers and jurisdiction of different criminal courts under the Code of Criminal Procedure.[16]
Answer
For full marks, cover: what "jurisdiction" means for a criminal court and its kinds; the hierarchy of courts in brief (section 6); 1, trial jurisdiction over offences (sections 26 and 27, First Schedule); 2, sentencing jurisdiction (sections 28 to 31); 3, territorial jurisdiction (sections 177 to 189); 4, cognizance and committal (sections 190, 193 and 209), and the power to add accused (section 319); 5, appellate jurisdiction; 6, revisional and reference jurisdiction (sections 395 to 401); 7, transfer and withdrawal (sections 406 to 411); 8, special powers of the High Court (sections 366, 482 and 483); 9, the Executive Magistrates' preventive jurisdiction; a table court by court; the leading cases; criticism; the Bharatiya Nagarik Suraksha Sanhita, 2023; a conclusion.
What jurisdiction means
Jurisdiction is the authority of a court to hear and decide a matter. A criminal court must have it on three counts. It must be able to deal with the offence. It must be able to pass the sentence. And the case must belong to its local area. It may also hear appeals, revise orders, transfer cases and keep order. The Code of Criminal Procedure, 1973 grants each of these powers to particular courts, and a court has no others.
The courts in brief
Section 6 creates four classes of criminal court besides the High Courts. They are Courts of Session, Judicial Magistrates of the first class, Judicial Magistrates of the second class, and Executive Magistrates. Metropolitan areas have Metropolitan Magistrates in place of first class Magistrates. The Chief Judicial Magistrate heads the Judicial Magistrates of a district. The Supreme Court stands above them under the Constitution.
1. Trial jurisdiction over offences (sections 26 and 27)
- Penal Code offences. These may be tried by the High Court, the Court of Session, or any other court shown in column 6 of the First Schedule.
- Offences under other laws. These go to the court the law names, or else to the High Court or the court shown in the First Schedule.
- Serious crimes. Murder, dacoity, rape and similar offences are triable only by the Court of Session. Lesser offences are triable by Magistrates of the first or second class.
- Young persons (section 27). A person under sixteen may be accused of an offence not punishable with death or life imprisonment. The Chief Judicial Magistrate, or a court empowered under the children's law, may try it. Today the Juvenile Justice Act governs children.
2. Sentencing jurisdiction (sections 28 to 31)
- A High Court may pass any sentence the law allows.
- A Sessions or Additional Sessions Judge may pass any lawful sentence, but a death sentence needs the High Court's confirmation. An Assistant Sessions Judge may pass up to ten years.
- A Chief Judicial Magistrate may pass up to seven years.
- A first class Magistrate may pass up to three years, a fine up to ten thousand rupees, or both. A second class Magistrate may pass up to one year, a fine up to five thousand rupees, or both.
- Default sentences and consecutive sentences for several offences are limited by sections 30 and 31.
3. Territorial jurisdiction (sections 177 to 189)
- The ordinary rule (section 177). An offence is ordinarily tried by a court within whose local area it was committed.
- Uncertain or spread-out offences (section 178). Where the place is uncertain, partly in one area, continuing, or made of acts in several areas, any of those courts may try it.
- Act and consequence (section 179). A court where the act was done, or where its consequence ensued, may try it.
- Special offences (sections 180 to 183). These cover related offences, dacoity and escape, kidnapping, theft, misappropriation, letters and offences on a journey.
- Offences tried together (section 184). Any court competent for one of them may try them all.
- Disputes (sections 185 and 186). The State may fix the sessions division, and the High Court settles a contest between courts.
- Offences outside India (section 188). An offence by a citizen of India abroad may be tried wherever he is found in India, with the Central Government's sanction.
4. Cognizance, committal and adding accused
- Magistrates (section 190). A Magistrate takes cognizance on a complaint, a police report or his own knowledge.
- The Court of Session (section 193). It is a court of original jurisdiction, but it takes cognizance only after a Magistrate commits the case to it (section 209). Once the case is committed, it takes cognizance of the offence, not merely of the persons named.
- Adding accused (section 319). Any court trying an offence may proceed against a person not yet accused, if the evidence at the trial shows his involvement.
5. Appellate jurisdiction
- The Court of Session hears appeals from Magistrates' convictions (section 374(3)), and from a Magistrate's acquittal on the District Magistrate's direction (section 378(1)(a)).
- The High Court hears appeals from convictions by Sessions Judges and from sentences of more than seven years (section 374(2)). It also hears State appeals against acquittals, with leave.
- The Supreme Court hears appeals where the High Court, on appeal, reverses an acquittal and passes a heavy sentence (section 379). It also hears appeals under articles 134 and 136 of the Constitution.
6. Revision and reference
- Revision (sections 397 to 401). The High Court and the Sessions Judge may call for the record of any inferior criminal court. They may correct an illegal or improper order, but not an interlocutory one. An Additional Sessions Judge has the same power in cases sent to him (section 400).
- Reference (section 395). A court may, and sometimes must, refer a question of law to the High Court.
7. Transfer and withdrawal (sections 406 to 411)
The Supreme Court may transfer a case from one High Court to another (section 406). The High Court may transfer within the State (section 407). The Sessions Judge may transfer within his division (section 408). Sessions Judges and Chief Judicial Magistrates may also withdraw or recall cases (sections 409 and 410).
8. Special powers of the High Court
- Confirmation (section 366). Every death sentence by a Court of Session must be confirmed by the High Court before it is carried out.
- Inherent power (section 482). The High Court may make any order needed to give effect to an order under the Code. It may also act to prevent abuse of process or to secure the ends of justice.
- Superintendence (section 483). It must keep continuous watch over Judicial Magistrates, to ensure quick and proper disposal of cases.
9. The Executive Magistrates' jurisdiction
Executive Magistrates do not try offences. They take security for keeping the peace and good behaviour (Chapter VIII). They maintain public order and remove public nuisances (Chapter X). They decide urgent orders and possession disputes over land (sections 144 and 145). They also hold inquests (section 174).
The courts at a glance
| Court | Tries | Highest sentence | Hears appeals from | Other powers |
|---|---|---|---|---|
| High Court | Any offence | Any lawful sentence | Sessions Courts | Revision, reference, transfer, confirmation, inherent power, superintendence |
| Court of Session | Offences in its column of the Schedule, after committal | Any lawful sentence (death subject to confirmation) | Magistrates | Revision, transfer within the division |
| Chief Judicial Magistrate | Offences triable by Magistrates | Seven years | None | Distribution, withdrawal of cases |
| Court | Tries | Highest sentence | Hears appeals from | Other powers |
|---|---|---|---|---|
| First class Magistrate | Offences in the Schedule | Three years and fine | None | Cognizance, remand, committal |
| Second class Magistrate | Petty offences | One year and fine | None | Limited cognizance |
| Executive Magistrate | No trials | None | None | Preventive and order-keeping powers |
The leading cases
Facts. In Dharam Pal v. State of Haryana, (2014) 3 SCC 306, decided on 18 July 2013, the police charge-sheeted only one of several persons named in the FIR. The Magistrate summoned the others too. The question was whether a Court of Session, after committal, could summon persons not sent up as accused.
Held. A Constitution Bench held that the Court of Session, as a court of original jurisdiction, takes cognizance of the offence on committal under section 193. Even without recording evidence, it may summon persons named in the police report but not charge-sheeted. It need not wait for section 319.
Why it bears. It defines the Court of Session's jurisdiction on committal.
Facts. In Hardeep Singh v. State of Punjab, (2014) 3 SCC 92, decided on 10 January 2014, conflicting decisions on section 319 were referred to a Constitution Bench.
Held. The power to add an accused arises from evidence recorded at the trial, and may be used after the examination-in-chief. It is "a discretionary and an extra-ordinary power", to be used sparingly. The court needs "more than prima facie case", but less than proof that would convict if unrebutted.
Why it bears. It sets the limits of every trial court's power to bring in new accused.
Facts. In State of Haryana v. Ch. Bhajan Lal, 1992 Supp (1) SCC 335, decided on 21 November 1990, the High Court quashed an FIR against a former Chief Minister for disproportionate assets.
Held. The police have a statutory duty to investigate, and courts should rarely stop them. But the High Court's inherent power may be used, sparingly, to prevent abuse of process. The Court gave illustrative categories, such as allegations that disclose no offence, a legal bar to the case, or a case started with malice.
Why it bears. It marks the reach and the restraint of the High Court's inherent jurisdiction.
Criticism
- Overlapping trial and appeal routes lengthen cases, as accused persons test jurisdiction at every level.
- Fine limits fixed years ago no longer reflect the value of money.
- Executive Magistrates' preventive powers rest with officers who are not judges.
Under the Sanhita
From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 keeps this scheme. Sections 21 to 29 replace sections 26 to 35, and sections 197 to 209 replace sections 177 to 189. Sections 210, 213, 232 and 358 replace sections 190, 193, 209 and 319. Section 528 now holds the inherent power, and section 529 the duty of superintendence. The Sanhita has no counterpart to section 27, drops Metropolitan Magistrates and Assistant Sessions Judges, and raises Magistrates' fines. It also lets Magistrates order community service as a sentence (section 23).
Conclusion. A criminal court's jurisdiction has several layers. The First Schedule decides which court tries an offence, and sections 28 and 29 cap its sentence. Sections 177 to 189 fix the place of trial. Above the trial courts, the Court of Session and the High Court hear appeals, revise orders and transfer cases. The High Court alone confirms death sentences, uses inherent power and superintends Magistrates. Dharam Pal, Hardeep Singh and Bhajan Lal show these powers at work and their limits.
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