Mumbai University Solved Question Papers
BNSS and CrPC
Previous Year Question Paper with Solution
LLB 3 years · Sem 5
May 2023 - CrPC 60/40 Examination
munotes.in
Mumbai
Mumbai University Solved Question Papers
BNSS and CrPC
Previous Year Question Paper with Solution
LLB 3 years · Sem 5
May 2023 - CrPC 60/40 Examination
munotes.in
Mumbai
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 May 2023 - CrPC 60/40 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 The Bharatiya Nagarik Suraksha Sanhita, 2023 repealed the Code on 1 July 2024, though cases begun before that date still run under it, and the Sanhita papers sit in the same folder; a reader preparing for them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 Where the printed header names the Juvenile Justice Act, 2000, which was repealed on 15 January 2016, the answers are on the Act of 2015 as amended in 2021.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.
The questions below are the paper as the University of Mumbai set it at the May 2023 - CrPC 60/40 examination, in the order it was set.
MarksPage
The questions in this volume are the questions asked at the May 2023 - CrPC 60/40 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 2 hours · Total marks 60 · 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.
Answer
Note. The same question, in the same words, is set on another paper in this subject, so it takes the same answer, as the rule for a previous year paper solution set requires.
Section 2(wa), CrPC, inserted by the Code of Criminal Procedure (Amendment) Act, 2008 with effect from 31 December 2009, defines a "victim" as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged. The expression includes his or her guardian or legal heir. The same definition is now section 2(1)(y), BNSS, 2023.
Three things the definition settles. The loss or injury may be to person or to property, since the section does not confine it. The injury must be caused by the very act for which the accused stands charged, so a stranger to that act is not a victim. And a guardian or legal heir is brought in by name, which is how the family of a person who has died can act.
Why it was added. It carries three rights. The proviso to section 372 lets the victim appeal against an acquittal, a conviction for a lesser offence, or inadequate compensation. Section 357A creates a victim compensation scheme in every State. Section 24(8) lets the victim engage an advocate of his choice to assist the prosecution.
The case. In Mallikarjun Kodagali v. State of Karnataka, (2019) 2 SCC 752, decided 12 October 2018, a victim tried to appeal against an acquittal and was told he first needed leave under section 378(3). The Supreme Court held that the proviso to section 372 gives the victim an independent and substantive right of appeal, not dependent on the State and not subject to that leave. The case shows what the definition is for.
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