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Home / KSLU Solved Papers / B.A. LL.B. (Five Years) / Sem 7 / Criminal Law II / 2024 Aug / Solutions

B.A. LL.B. (Five Years) Sem 7 Criminal Law II 2024 Aug 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

2024 Aug Examination

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Mumbai

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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 2024 Aug examination.

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Contents

The questions below are the paper as Karnataka State Law University set it at the 2024 Aug examination, in the order it was set.

MarksPage

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MarksPage

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The Paper as Set

The questions in this volume are the questions asked at the 2024 Aug 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.

Read the original question paper

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Q1

Unit I

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(a)Explain the jurisdiction and powers of various criminal courts under the code of criminal procedure.[10]

Answer

For full marks, cover: the three senses of jurisdiction; jurisdiction over offences (section 26, the First Schedule, commitment under sections 193 and 209); sentencing powers (sections 28 to 31); the other powers of each court, from the High Court down to Executive Magistrates; territorial jurisdiction (sections 177 to 189) and the saving in section 462; the leading cases; the matching sections of the Bharatiya Nagarik Suraksha Sanhita, 2023; a conclusion.

Three senses of jurisdiction

Jurisdiction is a court's legal authority to hear and decide a case. Under the Code of Criminal Procedure, 1973 it has three senses.

  1. Over the offence: which court may try which offence.
  2. Over the sentence: how far each court may punish.
  3. Over the place: which court, by location, may inquire into or try a case.

Jurisdiction over offences

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  1. Section 26. A Penal Code offence may be tried by the High Court or the Court of Session. It may also be tried by the court shown in column 6 of the First Schedule. A proviso adds that rape cases are tried, as far as practicable, by a court presided over by a woman. An offence under another law goes to the court that law names, or else to the High Court or the court in the First Schedule.
  2. Sessions cases. Murder, dacoity and other grave offences are shown in the Schedule as triable by the Court of Session. It cannot take them up directly (section 193). A Magistrate first commits the case under section 209.
  3. Magistrates' cases. Most other offences are triable by a Magistrate of the first class, and minor ones also by a second class Magistrate.

Sentencing powers (sections 28 to 31)

  1. The High Court may pass any sentence the law allows.
  2. A Sessions Judge or Additional Sessions Judge may pass any lawful sentence. A death sentence needs the High Court's confirmation.
  3. An Assistant Sessions Judge may pass any sentence except death, life, or more than ten years.
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  1. A Chief Judicial Magistrate or Chief Metropolitan Magistrate may pass any sentence except death, life, or more than seven years.
  2. A first class or Metropolitan Magistrate may impose up to three years, a fine of ten thousand rupees, or both.
  3. A second class Magistrate may impose up to one year, a fine of five thousand rupees, or both.
  4. Default imprisonment (section 30) must stay within the Magistrate's powers and, where there is also a jail term, within one-fourth of his maximum.
  5. Several offences (section 31). Consecutive sentences may exceed the power for one offence, but not fourteen years or twice that power.

Other powers of each court

  1. High Court. It hears appeals (section 374) and revisions (section 401), and transfers cases (section 407). It grants bail and anticipatory bail (sections 438 and 439), confirms death sentences (section 366), and decides references (section 395). Its inherent power under section 482 prevents abuse of process.
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  1. Court of Session. It hears appeals from Magistrates (section 374(3)) and revisions (section 399). It transfers cases within its division (section 408) and grants bail and anticipatory bail.
  2. Chief Judicial Magistrate. He distributes work among Magistrates (section 15(2)), passes heavier sentences on cases sent under section 325, and may withdraw or recall cases (section 410).
  3. Judicial Magistrates. They take cognizance (section 190), authorise detention (section 167), try summons and warrant cases, commit Sessions cases, and order maintenance (section 125). If empowered, they hold summary trials (section 260).
  4. Executive Magistrates. They take security for keeping the peace (sections 107 to 110) and remove public nuisances (section 133). They issue urgent orders (section 144), settle disputes over land (section 145) and hold inquests (section 176). They do not try offences.

Territorial jurisdiction (sections 177 to 189)

  1. General rule (section 177). An offence is ordinarily tried where it was committed.
  2. Uncertain or several places (section 178). Where the place is uncertain, or the offence was committed partly in several places, any of those courts may try it.
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  1. Act or consequence (section 179). It may be tried where the act was done or where the consequence followed.
  2. Special offences (section 181). Kidnapping may be tried where the person was taken or kept, and theft where the property was possessed. Criminal misappropriation may be tried where the property was received or retained.
  3. Letters and messages (section 182). Cheating by letter or telecommunication may be tried where the message was sent or received.
  4. Journeys (section 183). An offence on a journey may be tried in any area through which the person or thing passed.
  5. Doubt (section 186). Where two courts have taken cognizance, the High Court decides which shall proceed.
  6. Outside India (section 188). An offence by a citizen abroad may be tried wherever he is found in India, with the Central Government's sanction.
  7. Wrong place (section 462). A trial in the wrong place is not set aside unless it has caused a failure of justice.
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The leading cases

Facts. In Mobarik Ali Ahmed v. State of Bombay, AIR 1957 SC 857, decided on 6 September 1957, a man in Karachi deceived a Bombay firm by letters, telegrams and calls. The firm sent him money. He was never in India during the offence.

Held. All the elements of cheating took place in Bombay, so the offence was committed there. Indian courts could try him though he was abroad.

Why it bears. It shows how the place of an offence, and so the court's territorial jurisdiction, is fixed.

Facts. In Muthuramalingam v. State, decided on 19 July 2016, a Constitution Bench considered whether several life sentences passed at one trial could run one after another.

Held. Life imprisonment lasts for the rest of life, so life sentences cannot run consecutively under section 31. The court may direct that term sentences be served before the life sentence.

Why it bears. It marks the limit of a court's power to combine sentences.

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Under the Sanhita

From 1 July 2024, sections 21 to 29 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replace sections 26 to 35. Section 21 keeps the rule that rape cases are tried, as far as practicable, by a court presided over by a woman. Section 23 raises Magistrates' fines to fifty thousand and ten thousand rupees and adds community service. Section 25 raises the cap on consecutive sentences to twenty years. Sections 197 to 209 replace the territorial rules.

Conclusion. Criminal courts derive their jurisdiction from the Code in three ways. These are the offences they may try, the sentences they may pass, and the places they serve. The High Court and Sessions Court also hold appellate, revisional and bail powers. Magistrates handle cognizance and most trials, and Executive Magistrates keep the peace. Mobarik Ali Ahmed and Muthuramalingam show the limits of place and of punishment.

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