munotes®
Sign in
Home / KSLU Solved Papers / B.A. LL.B. (Five Years) / Sem 7 / Criminal Law II / 2023 Sep / Solutions

B.A. LL.B. (Five Years) Sem 7 Criminal Law II 2023 Sep Question Paper with Solutions

KSLU Solved Question Papers

Criminal Law II

Previous Year Question Paper with Solution

B.A. LL.B. (Five Years) · Sem 7

2023 Sep Examination

munotes.in

Mumbai

munotes.in

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.

munotes.in is an independent study resource for students of Karnataka State Law University. It is not affiliated with Karnataka State Law University, and is not endorsed by it.

The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.

The question paper reproduced here is the paper as set by Karnataka State Law University at the 2023 Sep examination.

munotes.in ii

Contents

The questions below are the paper as Karnataka State Law University set it at the 2023 Sep examination, in the order it was set.

MarksPage

munotes.in iii

MarksPage

munotes.in iv

The Paper as Set

The questions in this volume are the questions asked at the 2023 Sep 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) Answer one essay type question and short notes or problems 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.

Read the original question paper

munotes.in v

Q1

Unit I

munotes.in 1

(a)What are the processes available to compel a person to appear before the court ?[10]

Answer

For full marks, cover: why the Code needs processes to compel appearance; the graded scheme of Chapter VI; summons: form and modes of service (sections 61 to 69); warrant of arrest: form, endorsement for bail, execution (sections 70 to 81); proclamation and attachment against absconders (sections 82 to 86); other rules: warrant instead of summons, bond for appearance, arrest on breach (sections 87 to 89); the leading cases; the matching sections of the Bharatiya Nagarik Suraksha Sanhita, 2023; a conclusion.

Why compel appearance

A criminal case cannot go on unless the accused, and often witnesses, are before the court. Chapter VI of the Code of Criminal Procedure, 1973 (sections 61 to 90) gives the court four processes, from the mildest to the most severe:

  1. summons, an order to appear;
  2. warrant of arrest, an order to bring the person by arrest;
munotes.in 2
  1. proclamation, a public call to an absconder; and
  2. attachment of the absconder's property.

The court should choose the least harsh process that will secure attendance.

Summons (sections 61 to 69)

  1. Form (section 61). In writing, in duplicate, signed by the presiding officer and sealed.
  2. Personal service (section 62). Served by a police officer or court officer, by delivering a duplicate to the person, who signs a receipt on the other.
  3. Companies (section 63). Served on a secretary, local manager or principal officer, or by registered post.
  4. Substituted service (section 64). If the person cannot be found, the summons may be left with an adult male member of his family living with him. A servant does not count.
  5. Affixing (section 65). If that fails, it is fixed on a conspicuous part of his house. The court may then declare it served or order fresh service.
  6. Government servants (section 66). Sent through the head of the office.
munotes.in 3
  1. Outside the area (section 67). Sent to a Magistrate where the person lives.
  2. Witnesses by post (section 69). A witness may also be summoned by registered post. An acknowledgment or refusal counts as service.

Warrant of arrest (sections 70 to 81)

  1. Form and life (section 70). In writing, signed, sealed, and in force until executed or cancelled.
  2. Bailable warrant (section 71). The court may endorse that, if the person gives a bond with sureties, he is to be released. The endorsement states the sureties, the amounts and the date to attend.
  3. To whom directed (sections 72 to 74). Usually to police officers. A Chief Judicial Magistrate or first class Magistrate may direct it to any person. This is allowed for an escaped convict, a proclaimed offender, or a person accused of a non-bailable offence who is evading arrest.
munotes.in 4
  1. Execution (sections 75 and 76). The substance is told to the person and the warrant shown if asked. He is brought before the court without unnecessary delay, and within twenty-four hours.
  2. Anywhere in India (sections 77 to 81). A warrant may be executed anywhere in India. When executed outside the area, the person is taken before the local Magistrate, who may release him on bail or send him on.

Proclamation and attachment (sections 82 to 86)

  1. Proclamation (section 82). If the court believes that a person against whom it issued a warrant has absconded or is hiding, it may publish a written proclamation. It requires him to appear at a fixed place and time, at least thirty days after publication. It is read in public, fixed on his house or in his village, and fixed on the court-house. It may also go in a newspaper.
  2. Proclaimed offender (section 82(4)). For grave offences such as murder, dacoity and robbery, a person who fails to appear may be declared a proclaimed offender.
  3. Attachment (section 83). The court may attach his property, movable or immovable. It may do so at the same time as the proclamation if he is about to dispose of the property or leave.
munotes.in 5
  1. Claims (section 84). Others may object to the attachment within six months.
  2. Release or sale (section 85). If he does not appear, the property may be sold after six months. He may appear within two years of the attachment. If he proves he did not abscond and had no notice of the proclamation, the property or its proceeds are returned.
  3. Appeal (section 86). An appeal lies against refusal to restore.

Other rules (sections 87 to 89)

  1. Warrant instead of summons (section 87). The court may issue a warrant before or after a summons. It does so if it believes the person will abscond or disobey, or if he failed to appear without excuse. Reasons must be recorded.
  2. Bond for appearance (section 88). A person present in court may be required to give a bond to appear later.
  3. Breach of that bond (section 89). If he does not appear, the court may issue a warrant for his arrest.
munotes.in 6

The leading cases

Facts. In Inder Mohan Goswami v. State of Uttaranchal, (2007) 12 SCC 1, decided on 9 October 2007, a Magistrate issued non-bailable warrants against office-bearers of a society in what was really a property dispute.

Held. A non-bailable warrant should issue only when a summons or bailable warrant is unlikely to work. Examples are where the person will not appear, cannot be found, or may harm others. A summons or bailable warrant should be preferred, and warrants need careful scrutiny.

Why it bears. It applies the graded scheme of the Chapter.

Facts. In Lavesh v. State (NCT of Delhi), (2012) 8 SCC 730, decided on 31 August 2012, an accused in a dowry death case absconded and was declared a proclaimed offender. He then sought anticipatory bail.

Held. A person who has absconded and been declared a proclaimed offender under section 82 is normally not entitled to anticipatory bail.

Why it bears. It shows the serious consequences of the proclamation process.

munotes.in 7

Under the Sanhita

From 1 July 2024, sections 63 to 93 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replace sections 61 to 90. Summons may now be served electronically (sections 63 and 64). Section 66 uses "adult member of his family", not "adult male member". Section 84(4) extends the proclaimed offender rule to offences punishable with ten years or more, life or death. Section 86 allows attachment of property outside India.

Conclusion. The Code gives a ladder of processes: summons, warrant, proclamation and attachment. The court must start with the mildest and move up only when needed. Inder Mohan Goswami insists on this restraint, and Lavesh shows the price of absconding.

munotes.in 8

The rest of the answers

The first answer is free. The rest come with the KSLU B.A. LL.B. Semester 7 solved papers.

You have read the question paper and its first answer in full. Buy the solved papers once and you can read every answer of every solved paper in this semester.

Solved papers: ₹499 Already bought it? Sign in

The question paper itself stays free.

Issue

Found an error in this volume? Report it and we will check it against the paper.

Done!