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LLB 3 years Sem 5 BNSS and CrPC Nov 2016 - 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 2016 - 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 2016 - 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 The Bharatiya Nagarik Suraksha Sanhita, 2023 repealed the Code on 1 July 2024, though cases begun before that date still run under it, and the Sanhita papers sit in the same folder; a reader preparing for them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 Where the printed header names the Juvenile Justice Act, 2000, which was repealed on 15 January 2016, the answers are on the Act of 2015 as amended in 2021.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 2016 - 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.

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(a)Answer the following in not more than 2 sentences[2]

  • (a) What is the meaning of ‘in-camera’ proceeding ? What is the meaning of an ‘inquest panchanama’ ?
  • (c) What is the meaning of an ‘offence’ ?
  • (d) Who is called a ‘Victim’ ?
  • (e) Distinguish in two points ‘inquiry’ and ‘trial’
  • (f) What is the meaning of Compoundable offences ?
  • (g) What is the role of a public prosecutor in a Trial ?
  • (h) What is the meaning of a charge ?
  • (i) What is the main role of a Probation Officer ?
  • (j) Define Children’s Home ?

Answer

An "in camera" proceeding is one held not in open court, from which the general public is excluded. The rule and its exceptions are in section 327, CrPC (now section 366, BNSS, 2023).

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The norm is open justice, section 327(1). The place in which any criminal court is held for inquiring into or trying an offence shall be deemed to be an open court, to which the public generally may have access, so far as it can conveniently contain them. The proviso gives the presiding Judge or Magistrate a discretion to order, at any stage, that the public generally, or any particular person, shall not have access to or remain in the room used by the court.

Where it is compulsory, section 327(2). The inquiry into and trial of rape, or of an offence under sections 376 and 376A to 376E of the Penal Code, shall be conducted in camera. Here the court has no choice. The proviso lets the Judge permit a particular person access, and provides that it is open to the woman to be examined by a woman.

The publication ban, section 327(3). Where proceedings are held in camera under sub-section (2), no person shall print or publish any matter in relation to them except with the previous permission of the court.

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The case. In Nipun Saxena v. Union of India, (2019) 2 SCC 703, the Supreme Court considered the protection of the identity of victims of sexual offences. It held that the identity of the victim must not be disclosed even in a remote manner, that the protection extends to a dead victim and to a victim of unsound mind, and it directed that in appeals the victim's name be replaced by an initial. The case explains why the trial is closed: not to weaken the woman's evidence, but to let her give it.

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