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B.A. LL.B. (Five Years) Sem 7 Criminal Law II 2019 Dec Question Paper with Solutions - KSLU

KSLU Solved Question Papers

Criminal Law II

Previous Year Question Paper with Solution

B.A. LL.B. (Five Years) · Sem 7

2019 Dec Examination

munotes.in

Mumbai

First published on munotes.in on 21 October 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

Passages from this volume may be quoted, in print, online or by an AI system, with credit: name munotes.in and link to this volume's page. The volume may not be reproduced as a whole. Full terms at munotes.in/content-license.

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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2019 Dec examination.

The Paper as Set

The questions in this volume are the questions asked at the 2019 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 80 · 20 questions answered

Instructions printed on the paper

N.B. (1) Answer all five Units. (2) One essay type question and short note/problem is compulsory from each Unit. (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.

Read the original question paper

Q1

Unit I

(a)What is complaint ? Explain the procedure to be followed on receiving a complaint.[10]

Answer

For full marks, cover: the definition of a complaint (section 2(d)) and its elements; how it differs from an FIR; who may complain where the Code restricts it (sections 195 to 199); the Magistrate's options on receiving a complaint: return it if not competent (section 201), send it to the police for investigation (section 156(3)), or take cognizance (section 190(1)(a)); examination of the complainant (section 200); postponement of process and inquiry (section 202); dismissal (section 203); issue of process (section 204); a pending police investigation (section 210); the leading cases; the matching sections of the Bharatiya Nagarik Suraksha Sanhita, 2023; a conclusion.

What a complaint is

Section 2(d) of the Code of Criminal Procedure, 1973 defines a complaint. It is any allegation, oral or written, made to a Magistrate that some person has committed an offence. It is made "with a view to his taking action" under the Code. It does not include a police report.

Its elements.

An allegation that an offence has been committed, by a person known or unknown.
Made to a Magistrate, not to the police.
Made so that he will take action under the Code.
Oral or written.

Explanation. A police report that, after investigation, discloses only a non-cognizable offence is treated as a complaint, and the officer as the complainant.

Complaint and FIR

An FIR is given to the police about a cognizable offence, and leads to investigation. A complaint is made to a Magistrate about any offence, and leads to an inquiry by the court. A person may file a complaint where the police refuse to register an FIR, or where the offence is non-cognizable.

Who may complain

Anyone may set the law in motion, but some offences need a complaint by a particular person. Contempt of lawful authority and offences against public justice need a complaint by the public servant or court concerned (section 195). Offences against the State need sanction (section 196). Offences against marriage need a complaint by the aggrieved person (section 198), and defamation by the person defamed (section 199).

What the Magistrate does on receiving a complaint

1. Not competent (section 201). If he cannot take cognizance, he returns a written complaint for presentation to the proper court, or directs an oral complainant there.

2. Investigation before cognizance (section 156(3)). He may, without taking cognizance, order the police to register and investigate the case.

3. Taking cognizance (section 190(1)(a)). If he applies his mind to proceed on the complaint, he takes cognizance and follows Chapter XV.

4. Examining the complainant (section 200). He examines the complainant and any witnesses present on oath. The substance is written down and signed by them and by him. He need not do so if a public servant or a court made a written complaint. Nor need he do so if he sends the case to another Magistrate under section 192.

5. Postponing process and inquiry (section 202).

He may postpone process and inquire himself, or direct an investigation by the police or another person, to decide whether there is sufficient ground.
Since 2006, he must do so if the accused lives outside his area.
He cannot direct investigation in a case triable only by the Court of Session. In such a case he must call all the complainant's witnesses and examine them on oath.

6. Dismissal (section 203). If, on the statements and the inquiry, there is no sufficient ground for proceeding, he dismisses the complaint and briefly records his reasons.

7. Issue of process (section 204). If there is sufficient ground, he issues a summons in a summons case, and a warrant or summons in a warrant case. A list of prosecution witnesses must first be filed. A copy of a written complaint goes with the process, and any fees must be paid.

8. Police investigation already pending (section 210). If the police are investigating the same offence, the Magistrate stays his inquiry and calls for their report. If the police report leads to cognizance against the accused, both cases are tried together as if begun on a police report.

The leading cases

Facts. In Vijay Dhanuka v. Najima Mamtaj, decided on 27 March 2014, a complaint alleged hurt, theft and intimidation. The accused lived outside the Magistrate's area. The Magistrate examined the complainant and two witnesses on oath and then issued summons.

Held. Since the 2005 amendment, an inquiry or investigation under section 202 is mandatory before summoning an accused who lives beyond the Magistrate's jurisdiction. Its purpose is to protect innocent persons from false complaints. Here, examining the complainant and his witnesses was itself such an inquiry, so the summons stood.

Why it bears. It shows section 202 at work before process issues.

Facts. In Priyanka Srivastava v. State of Uttar Pradesh, (2015) 6 SCC 287, decided on 19 March 2015, a defaulting borrower used applications under section 156(3) against bank officers who had recovered a loan. The Magistrate ordered an FIR without examining the allegations.

Held. The power under section 156(3) needs the application of a judicial mind. The applicant must first approach the police under section 154(1) and (3), and the application must be supported by an affidavit. The FIR was quashed.

Why it bears. It guards the Magistrate's first choice on a complaint against misuse.

Under the Sanhita

From 1 July 2024, section 2(1)(h) of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines a complaint in the same terms. Sections 223 to 227 replace sections 200 to 204. Under section 223(1), the accused must be heard before cognizance is taken on a complaint. Section 175(3) now requires an affidavit with an application to the Magistrate to order investigation.

Conclusion. A complaint is an allegation of an offence made to a Magistrate so that he may act. On receiving it, he returns it if he is not competent, or sends it to the police. Or he takes cognizance and examines the complainant on oath. He may then inquire under section 202, which is compulsory where the accused lives outside his area. Finally, he dismisses the complaint for want of ground or issues process. Vijay Dhanuka and Priyanka Srivastava show the safeguards that protect people from false complaints.

B.A. LL.B. (Five Years) Sem 7 Criminal Law II 2019 Dec Question Paper with Solutions

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