KSLU Solved Question Papers
Criminal Law II
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 7
2018 Dec Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 7 Criminal Law II 2018 Dec 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 2018 Dec examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2018 Dec examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2018 Dec 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 provisions relating to trial before the sessions court.[16]
Answer
For full marks, cover: the Court of Session and the cases it tries; how a case reaches it (sections 193 and 209); Chapter XVIII stage by stage: the Public Prosecutor (225), opening (226), discharge (227), charge or transfer (228), plea (229), prosecution evidence (230 and 231), examination of the accused (313), acquittal for want of evidence (232), defence (233), arguments (234), judgment and the hearing on sentence (235), previous conviction (236), and defamation of high functionaries (237); the general rules on speed, legal aid and recording evidence; a comparison with a warrant trial before a Magistrate; the leading cases; the criticism; the matching sections of the Bharatiya Nagarik Suraksha Sanhita, 2023; a conclusion.
The Court of Session and its cases
The Court of Session is the highest criminal court of original jurisdiction in a district. It tries the gravest offences, such as murder, rape, dacoity and waging war. The First Schedule of the Code of Criminal Procedure, 1973 marks these as triable by the Court of Session. It can pass any sentence the law allows, though a death sentence needs the High Court's confirmation (section 28). Because the stakes are so high, the Code lays down its fullest trial procedure for it in Chapter XVIII (sections 225 to 237).
How a case reaches it
- No direct cognizance (section 193). Except where the Code or another law allows, a Court of Session cannot take cognizance of an offence as a court of first instance.
- Commitment (section 209). The case starts before a Magistrate, on a police report or a complaint. If the offence is exclusively triable by the Court of Session, the Magistrate commits the case to it. He sends the record and the articles, remands the accused in custody or on bail, and informs the Public Prosecutor.
- Copies first (sections 207 and 208). Before committal, the accused must receive free copies of the police report, the witness statements and the documents.
The trial, stage by stage
1. Who prosecutes (section 225). A Sessions case is always conducted for the State by a Public Prosecutor. A private complainant cannot run it, though his lawyer may assist under the prosecutor's direction (section 301).
2. Opening (section 226). The trial opens when the committed accused is before the Judge. The prosecutor explains the accusation and outlines the evidence he will call to establish it.
3. Discharge (section 227). The Judge reads the record sent up with the case and listens to both sides. Where the material gives no sufficient ground to go on, the accused is discharged, and the Judge must write down why.
4. Charge or transfer (section 228).
- The offence may turn out to be one a Magistrate can try. The Judge may then frame the charge and send the case down to the Chief Judicial Magistrate or, since 2006, any first class Magistrate. That Magistrate tries it as a warrant case on a police report.
- Where only the Court of Session can try the offence, the Judge frames the charge in writing himself.
- The accused hears the charge read out and explained in court. He then says whether he admits guilt or wants a trial.
5. Admission of guilt (section 229). A plea of guilty is recorded, and the Judge has a discretion to convict on it. In a grave case he usually prefers to hear evidence first.
6. Prosecution witnesses (sections 230 and 231). If there is no conviction on a plea, the Judge fixes a date for the State's witnesses. He can compel their attendance and the production of documents. On that date the whole of the prosecution evidence is taken. The Judge has a discretion to postpone the cross-examination of a witness, or to call him back.
7. Questioning the accused (section 313). Once the State's evidence is over, the Judge puts to the accused, personally, each circumstance that tells against him. He answers without oath and may stay silent. A circumstance not put to him should not be used against him.
8. Acquittal without a defence (section 232). The Judge then hears both sides on whether there is any evidence of guilt at all. If there is none, he acquits at this point, and the accused is not called on to defend himself.
9. Defence (section 233). If the case goes on, the accused calls his witnesses and may hand in a written statement. His request for process must be granted, unless the Judge records that it is meant to harass or to delay.
10. Closing arguments (section 234). The prosecutor summarises the case for the State, and the defence answers. Where the defence argues a point of law, the prosecutor may reply on that point with leave.
11. Judgment and sentence (section 235). The Judge delivers judgment. On conviction, he must give the accused a hearing on the punishment before sentencing him, unless he releases him on probation (section 360).
12. Earlier conviction (section 236). A past conviction alleged for a heavier sentence stays out of the trial. It is neither read nor mentioned until the accused has been found guilty; if he denies it, it is proved after the verdict.
13. Defamation of high functionaries (section 237). Some cases begin on a Public Prosecutor's complaint of defamation of the President, a Governor, a Minister or a public servant (section 199(2)). In these the Court of Session takes cognizance directly. It tries them as warrant cases begun otherwise than on a police report, in camera if a party wishes.
General rules that run through the trial
- Speed (section 309). The trial continues from day to day until all the witnesses in attendance are examined. Adjournments need recorded reasons.
- Legal aid (section 304). If the accused cannot afford a lawyer, the court assigns one at the State's expense.
- Evidence in full (section 276). The Judge records the evidence of each witness in full, in narrative form or as questions and answers.
- Presence of the accused (section 273). Evidence is taken in his presence, or in his pleader's where his attendance is excused.
Sessions trial and warrant trial compared
| Point | Sessions trial | Warrant trial before a Magistrate |
|---|---|---|
| How it starts | Only on commitment, except section 237 | Directly, on a police report or complaint |
| Prosecution | Always a Public Prosecutor | A complainant may conduct a complaint case |
| Discharge test | No sufficient ground for proceeding | Charge groundless (police report case) |
| Acquittal for want of evidence | Express stage (section 232) | No separate stage |
| Sentence | Any lawful sentence; death needs confirmation | Within the Magistrate's powers |
The leading cases
Facts. In Union of India v. Prafulla Kumar Samal, AIR 1979 SC 366, decided on 6 November 1978, an officer and a land acquisition officer were accused of a corruption conspiracy over compensation for Government land. The Special Judge discharged them under section 227, and the High Court agreed.
Held. At the stage of charge, the Judge may sift and weigh the evidence, but only to see whether a prima facie case exists. If the material discloses grave suspicion not properly explained, he frames a charge. If two views are equally possible and there is only suspicion, he may discharge. The Judge "cannot act merely as a Post office or a mouth-piece of the prosecution". The discharge was upheld.
Why it bears. It sets the test that divides section 227 from section 228.
Facts. In State of Orissa v. Debendra Nath Padhi, (2005) 1 SCC 568, decided on 29 November 2004, an accused wanted the Sessions Judge to consider his own material, including proof of an alibi, before framing the charge.
Held. At that stage the accused has no right to produce material. The hearing under section 227 covers only his submissions on the prosecution's record and documents.
Why it bears. It keeps the charge stage short and limited to the prosecution's papers.
Facts. In Allauddin Mian v. State of Bihar, AIR 1989 SC 1456, decided on 13 April 1989, two accused were found guilty of killing two small girls with farsas. On the same day, they were asked whether they had anything to say on sentence. They were sentenced to death at once.
Held. The hearing under section 235(2) is mandatory and is not a formality. The accused must get a real chance to place his background and mitigating circumstances before the court. As a general rule, the court should adjourn after conviction to hear both sides on sentence. The death sentences were reduced to life imprisonment.
Why it bears. It makes sentencing a genuine separate stage of the Sessions trial.
Criticism
- Delay. Despite section 309, Sessions trials often take years. Witnesses lose memory, turn hostile or are threatened.
- Undertrials. Many accused stay in custody for long periods awaiting trial, which led to section 436A.
- Mechanical stages. Charges are sometimes framed, and accused questioned under section 313, as a routine. The cases above insist that each stage be real.
Under the Sanhita
Since 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 governs this trial in sections 248 to 260 (old sections 225 to 237). It adds time limits at every step. The Magistrate must finish committal within ninety days, which may stretch to one hundred and eighty (section 232). The accused has sixty days from committal to seek discharge (section 250(1)). The Judge has sixty days from the first hearing on charge to frame it (section 251(1)(b)). Judgment is due within thirty days of the close of arguments, or forty-five for recorded reasons (section 258(1)). Section 351 now holds the questioning of the accused.
Conclusion. A Sessions trial begins only on commitment and is always prosecuted by a Public Prosecutor. It then passes through opening, discharge or charge, and plea. Prosecution evidence, the accused's examination and a possible early acquittal follow. The defence, arguments, judgment and a real hearing on sentence complete it. Each stage protects the accused while keeping the trial moving. Prafulla Kumar Samal and Debendra Nath Padhi govern the charge stage, and Allauddin Mian the sentence. The Sanhita now adds firm time limits to a procedure long criticised for delay.
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