Mumbai University Solved Question Papers
BNSS and CrPC
Previous Year Question Paper with Solution
LLB 3 years · Sem 5
Nov 2014 - CrPC Examination
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LLB 3 years Sem 5 BNSS and CrPC Nov 2014 - CrPC Question Paper with Solutions
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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 2014 - 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 The Bharatiya Nagarik Suraksha Sanhita, 2023 repealed the Code on 1 July 2024, though cases begun before that date still run under it, and the Sanhita papers sit in the same folder; a reader preparing for them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 Where the printed header names the Juvenile Justice Act, 2000, which was repealed on 15 January 2016, the answers are on the Act of 2015 as amended in 2021.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.
Contents
The questions below are the paper as the University of Mumbai set it at the Nov 2014 - CrPC examination, in the order it was set.
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Nov 2014 - 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.
Duration 3 hours · Total marks 100 · 4 questions answered
Instructions printed on the paper
- (2) Figures to the right indicate full marks
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.
(a)Answer the following in not more than two sentences[2]
- (a) To whom the Public Prosecutor represents in trial?
- (b) Inquiry or Trial to be conducted in camera means Define conviction and acquittal
- (d) Oral complaints under means
- (f) Charge means
- (h) Define Children Home
- (i) In which case can a police officer arrest without warrant?
- (j) Dispensing with personal attendance
Answer
He represents the State, and nobody else. A criminal prosecution is brought in the name of the State because a crime is treated as a wrong against society, not merely against the person injured. Section 225, CrPC (now section 248, BNSS, 2023) provides that in every trial before a Court of Session the prosecution shall be conducted by a Public Prosecutor, and section 2(u) defines him as any person appointed under section 24, which is an appointment by the Central or the State Government.
He does not represent the complainant or the victim. Section 301(2) makes that plain: a private person instructing a pleader may have that pleader act under the directions of the Public Prosecutor, and the pleader may, with the permission of the court, submit written arguments after the evidence is closed. He cannot conduct the prosecution. Section 24(8), as amended in 2008, allows the victim to engage an advocate of his choice to assist the prosecution, and the word is "assist".
What that means in practice. The Public Prosecutor is an officer of the court and a minister of justice. His duty is to place the whole of the evidence fairly before the court, including material that helps the accused, and not to secure a conviction at any cost. He may, with the court's consent, withdraw from the prosecution under section 321.
The case. In Sheonandan Paswan v. State of Bihar, (1987) 1 SCC 288, a Public Prosecutor applied under section 321 to withdraw a corruption prosecution against a former Chief Minister. The Supreme Court held that he must apply his own independent mind and not act as the mouthpiece of the Government, and that the court must be satisfied the withdrawal serves the broad ends of public justice. So he represents the State, but he is not the Government's agent.
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