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Home / KSLU Solved Papers / B.A. LL.B. (Five Years) / Sem 7 / Criminal Law II / 2025 Jan / Solutions

B.A. LL.B. (Five Years) Sem 7 Criminal Law II 2025 Jan 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

2025 Jan 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 2025 Jan examination.

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Contents

The questions below are the paper as Karnataka State Law University set it at the 2025 Jan 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 2025 Jan 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 (5) Units. (2) One essay type question and short note/ problem 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 constitution and powers of criminal courts.[10]

Answer

For full marks, cover: the territorial frame (section 7); how each criminal court is constituted, by whom and with what presiding officer (sections 6 and 8 to 17); special courts; the powers of each court: to try (section 21 and the First Schedule) and to sentence (sections 22 to 25); powers that are not trial powers; the Executive Magistrate's powers and their judicial character, with cases; a conclusion.

The frame: divisions, districts, sub-divisions (section 7)

The Bharatiya Nagarik Suraksha Sanhita, 2023 first divides each State. Every State is a sessions division or several of them. Each sessions division is a district or several districts. The State Government may, after consulting the High Court, alter these limits and divide districts into sub-divisions. Courts are then set up on this map.

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Constitution of the courts

Section 6 lists four classes below the High Court. They are Courts of Session, Judicial Magistrates of the first and second class, and Executive Magistrates. Each is constituted differently.

  1. Court of Session (section 8). The State Government establishes one for every sessions division. The High Court appoints its judge. It may also appoint Additional Sessions Judges, and a Sessions Judge of one division may sit as Additional Sessions Judge in another. The court usually sits where the High Court notifies.
  2. Courts of Judicial Magistrates (section 9). The State Government, after consulting the High Court, sets up as many first and second class courts in each district as needed. The High Court appoints their presiding officers. It may also give a Magistrate's powers to a civil judge.
  3. Special Courts of Judicial Magistrates (proviso to section 9(1)). The State may create them for a particular case or class of cases in a local area. No other Magistrate there may then try those cases.
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  1. Chief Judicial Magistrate (section 10). In every district the High Court makes one first class Magistrate the Chief Judicial Magistrate. It may appoint Additional Chief Judicial Magistrates and Sub-divisional Judicial Magistrates.
  2. Special Judicial Magistrates (section 11). On the Government's request, the High Court may give a present or former government servant, with legal qualifications, a Magistrate's powers for particular cases. The term is up to one year at a time.
  3. Executive Magistrates (sections 14 and 15). The State Government appoints them, naming one the District Magistrate, and may appoint Additional District Magistrates and Sub-divisional Magistrates. It may also appoint Special Executive Magistrates, including police officers of at least Superintendent rank, for particular areas or functions.

So the judicial courts are staffed by the High Court, while Executive Magistrates are appointed by the State Government. This keeps the judiciary apart from the executive, as Article 50 of the Constitution directs.

Subordination. Judicial Magistrates are subordinate to the Chief Judicial Magistrate, who is subordinate to the Sessions Judge (section 13). Executive Magistrates are subordinate to the District Magistrate (section 17).

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Powers to try (section 21)

Which court may try an offence depends on the First Schedule. An offence under the Bharatiya Nyaya Sanhita may be tried by the High Court, the Court of Session, or the court shown in the Schedule. For example, murder is triable only by a Court of Session. Theft is triable by any Magistrate. Rape and allied offences should be tried, as far as practicable, by a woman judge.

Powers to sentence (sections 22 to 25)

  1. A High Court may pass any sentence authorised by law.
  2. A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law. A death sentence must be confirmed by the High Court.
  3. A Chief Judicial Magistrate may pass any sentence except death, life imprisonment or a term above seven years.
  4. A first class Magistrate may pass up to three years, a fine up to fifty thousand rupees, or community service.
  5. A second class Magistrate may pass up to one year, a fine up to ten thousand rupees, or community service.
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Section 24 limits imprisonment in default of fine. Section 25 lets a court combine sentences for several offences at one trial, up to twenty years and twice its single-offence power.

Powers other than trying and sentencing

  1. Cognizance and process. Magistrates take cognizance (section 210) and issue summons and warrants.
  2. Custody. A Magistrate authorises detention during investigation (section 187).
  3. Bail. Magistrates grant bail (section 480); the Court of Session and High Court have wider powers (section 483).
  4. Supervision. The Sessions Judge and High Court hear appeals and revisions and may transfer cases.

Executive Magistrates: powers used in a judicial manner

Executive Magistrates do not try offences. They take security for keeping the peace, disperse unlawful assemblies and remove nuisances. They also make urgent orders under section 163 and settle disputes over land under section 164.

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Facts. In Madhu Limaye v. Sub-Divisional Magistrate, Monghyr, AIR 1971 SC 2486, decided on 28 October 1970, the power to make urgent orders and the security chapter were challenged under Article 19.

Held. The provisions were valid. But the power must be used in a judicial manner, only in a sudden emergency with grave consequences, and remains open to judicial scrutiny.

In Anuradha Bhasin v. Union of India, (2020) 3 SCC 637, decided on 10 January 2020, the Court added that such orders must give reasons, be published and be proportionate.

Why they bear. Though appointed by the executive, these Magistrates exercise powers that courts can review like judicial acts.

Conclusion. Criminal courts are constituted on a map of sessions divisions, districts and sub-divisions. Sessions Courts and Judicial Magistrates are staffed by the High Court, and Executive Magistrates by the State. Their powers to try come from the First Schedule and their powers to sentence from sections 22 to 25. Executive Magistrates keep the peace under judicial standards set in Madhu Limaye and Anuradha Bhasin.

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