KSLU Solved Question Papers
Criminal Law II
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 7
2022 Apr Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 7 Criminal Law II 2022 Apr 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 2022 Apr examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2022 Apr examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2022 Apr 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/problems is compulsory from each Unit. (3) Figures to the right indicate marks. (4) Answer 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 procedure to be followed in the trial before the court of session.[10]
Answer
For full marks, cover: how a case reaches the Court of Session (commitment, section 209); the trial by a Public Prosecutor (section 225); opening the case (section 226); discharge (section 227); framing of charge and transfer of lesser cases (section 228); plea of guilty (section 229); prosecution evidence (sections 230 and 231); examination of the accused (section 313); acquittal for no evidence (section 232); the defence (section 233); arguments (section 234); judgment and hearing on sentence (section 235); previous conviction (section 236); the leading cases; the matching sections of the Bharatiya Nagarik Suraksha Sanhita, 2023; a conclusion.
How the case reaches the Court of Session
A Court of Session cannot take cognizance as a court of first instance (section 193). A Magistrate who finds that an offence is triable exclusively by the Court of Session commits the case to it under section 209. He sends the record and the exhibits, and remands the accused in custody or on bail. Chapter XVIII of the Code of Criminal Procedure, 1973 (sections 225 to 237) then governs the trial.
The stages of the trial
1. Public Prosecutor (section 225). In every Sessions trial the prosecution is conducted by a Public Prosecutor, not by a private complainant.
2. Opening the case (section 226). When the accused appears, the prosecutor describes the charge and states the evidence by which he proposes to prove guilt.
3. Discharge (section 227). The Judge considers the record and documents, and hears both sides. If there is not sufficient ground for proceeding, he discharges the accused and records his reasons.
4. Framing of charge (section 228).
- The Judge may find ground for presuming an offence not exclusively triable by the Court of Session. He may then frame a charge and transfer the case to the Chief Judicial Magistrate. Since 2006, he may instead send it to any other Judicial Magistrate of the first class. A Karnataka State amendment of 1994 had allowed transfer to any competent Judicial Magistrate.
- If the offence is exclusively triable by it, he frames a charge in writing.
- The charge is read and explained to the accused, who is asked whether he pleads guilty or claims to be tried.
5. Plea of guilty (section 229). If the accused pleads guilty, the Judge records the plea and may, in his discretion, convict him.
6. Prosecution evidence (sections 230 and 231). If he claims trial, the Judge fixes a date and may issue process for witnesses and documents. He then takes all the prosecution evidence. He may allow cross-examination of a witness to be deferred.
7. Examination of the accused (section 313). After the prosecution evidence, the court questions the accused to let him explain the circumstances against him. He is not on oath.
8. Acquittal for no evidence (section 232). If, after hearing both sides, the Judge finds no evidence that the accused committed the offence, he records an acquittal. This saves the accused from a needless defence.
9. Defence (section 233). Otherwise, the accused is called on to enter his defence and produce evidence. He may file a written statement. The court must issue process for his witnesses, unless the request is for vexation or delay.
10. Arguments (section 234). The prosecutor sums up, and the accused or his pleader replies. If the defence raises a point of law, the prosecution may answer it with the Judge's leave.
11. Judgment (section 235). The Judge gives judgment. If he convicts, he must hear the accused on sentence before passing it, unless he releases him on probation under section 360.
12. Previous conviction (section 236). A previous conviction charged for enhanced punishment is proved only after the accused is convicted. It is not mentioned before then.
The leading cases
Facts. In Kanti Bhadra Shah v. State of West Bengal, decided on 5 January 2000, the High Court quashed a charge because the Magistrate had not given reasons for framing it.
Held. The Code requires reasons for discharge, as in section 227. It does not require reasons for framing a charge under section 228. Long orders at that stage only slow the trial.
Why it bears. It explains the difference between the discharge and charge stages.
Facts. In Santa Singh v. State of Punjab, decided on 17 August 1976, a Sessions Judge sentenced the accused to death without hearing him on sentence.
Held. The hearing under section 235(2) is mandatory. Its omission is not a curable irregularity under section 465. The case was remanded for a hearing on sentence.
Why it bears. Sentencing is a distinct and essential stage of the Sessions trial.
Under the Sanhita
From 1 July 2024, sections 248 to 260 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replace sections 225 to 237. Section 232 (old section 209) requires commitment within ninety days, extendable to one hundred and eighty. A discharge application must be filed within sixty days of commitment (section 250). The charge must be framed within sixty days of the first hearing on charge (section 251).
Conclusion. A Sessions trial begins with commitment and the prosecutor's opening. It then passes through discharge or charge, plea, prosecution evidence, examination of the accused, a possible acquittal for no evidence, the defence, arguments and judgment. At each step the Code balances speed with fairness. Kanti Bhadra Shah and Santa Singh show how the discharge, charge and sentence stages work.
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