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LLB 3 years Sem 5 BNSS and CrPC Nov 2011 - CrPC Question Paper with Solutions

Mumbai University Solved Question Papers

BNSS and CrPC

Previous Year Question Paper with Solution

LLB 3 years · Sem 5

Nov 2011 - CrPC Examination

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First published on munotes.in on 29 September 2026.

Published by munotes.in, Mumbai.

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

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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 the University of Mumbai at the Nov 2011 - CrPC examination.

This paper was set on the Code of Criminal Procedure, 1973, and its answers are written on the Code the questions name. The Bharatiya Nagarik Suraksha Sanhita, 2023 repealed the Code on 1 July 2024, though cases begun before that date still run under it, and the Sanhita papers sit in the same folder; a reader preparing for them should check every section number and every time limit against the Sanhita. Two further things are corrected silently throughout. Where the printed header names the Juvenile Justice Act, 2000, which was repealed on 15 January 2016, the answers are on the Act of 2015 as amended in 2021. And the Probation of Offenders Act, 1958, whose own Section 2(a) still defines the Code as that of 1898, is read today with the Code of 1973.

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The Paper as Set

The questions in this volume are the questions asked at the Nov 2011 - CrPC examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.

4 questions answered

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.

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(a)Answer in not more than two sentences.[2]

  • (a) Sec. 133 defines ‘public nuisance' as Which cases come within the category of 'Warrant Cases' ?
  • (e) Removal of disqualification attaching to conviction Sec. 19 Juvenile Justice, (Care and Protection of children) Act, 2000
  • (f) Duration of Warrant of Arrest-Sec. 70
  • (g) means Dispensing with personal attendance (Sec. 205) means
  • (i) What revision means and the object of revisional jurisdictional
  • (j) Definition of under "The Probation of Offenders Act,

Answer

Note. Another paper in this subject sets the same question in slightly different words, and it takes the same answer, as the rule for a previous year paper solution set requires.

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Section 133 does not define public nuisance; it gives a Magistrate the power to remove one by a conditional order. It provides that whenever a District Magistrate, Sub-divisional Magistrate or Executive Magistrate specially empowered considers, on receiving a police report or other information and on taking such evidence as he thinks fit, that:

  1. any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel lawfully used by the public;
  2. the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community and should be prohibited or regulated;
  3. the construction of any building, or the disposal of any substance, is likely to occasion conflagration or explosion;
  4. any building, tent, structure, tree or bank is likely to fall and cause injury and should be removed, repaired or supported;
  5. any tank, well or excavation adjacent to a public way should be fenced; or
  6. any dangerous animal should be destroyed, confined or disposed of,
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he may make a conditional order requiring the person causing it to remove it, or to appear and show cause why the order should not be made absolute.

The case. In Municipal Council, Ratlam v. Vardhichand, (1980) 4 SCC 162, residents of a ward complained of open drains and filth, and the municipality pleaded that it had no funds. The Supreme Court upheld an order under section 133 directing the municipality to build drains, and held that the section is a public remedy of a summary kind which a court must use where a public nuisance harms the community, whatever the cost.

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