Section 256 – Non-appearance or death of complainant
If the summons has been issued on complaint and on the day appointed for the appearance of the accused,
or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear,
the Magistrate shall notwithstanding anything hereinbefore contained,
acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case to some other day.
But if the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary,
the Magistrate may dispense with his attendance and proceed with the case.
The same shall , so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.
2. The Code of Criminal Procedure provides for four types of trial procedure. What are they?
Ans: They are
A. trial before a court of Sessions,
B. trial of warrant cases by Magistrates,
C. trial of summons cases by Magistrates, and
D. summary trials
Section 468, CrPC, 1973 – Bar to taking cognizance after lapse of the period of limitation
No Court, shall take cognizance of an offence of the following category after the expiry of the period of limitation. They are as follows:
A. six months, if the offence is punishable with fine only;
B. one year, if the offence is punishable with imprisonment for a term not exceeding one year;
C. three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
The period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.
3. Section 320(1), CrPC specifies the offences, which can be compounded without/with the permission of the Court.
Ans: with the permission of the Court
4. What is the punishment for voluntarily causing hurt under the Indian Penal Code?
Ans: Imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.(Sec. 323)
5. What is the punishment for voluntarily causing hurt by dangerous weapons or means under the Indian Penal Code?
Ans: Imprisonment of either description for a term which may extend to three years, or with fine, or with both.(Sec. 324)
6. What is the punishment for wrongful restraint under IPC?
Ans: Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.(Sec. 341)
7. What is the punishment for wrongful confinement under IPC?
Ans: Whoever wrongfully confines any person shall be punished with simple imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.(Sec. 342)
8. The case of Deena vs. Union of India relates to
A. hanging as mode of execution
B. capital punishment
Punishment for assault or criminal force otherwise than on grave provocation- Sec. 352 of the Indian Penal Code
Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Assault or criminal force with intent to dishonour person, otherwise than on grave provocation- Sec. 355 of the Indian Penal Code
Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
2. The Code of Criminal Procedure provides for four types of trial procedure. What are they?
Ans: They are
A. trial before a court of Sessions,
B. trial of warrant cases by Magistrates,
C. trial of summons cases by Magistrates, and
D. summary trials
Section 468, CrPC, 1973 – Bar to taking cognizance after lapse of the period of limitation
No Court, shall take cognizance of an offence of the following category after the expiry of the period of limitation. They are as follows:
A. six months, if the offence is punishable with fine only;
B. one year, if the offence is punishable with imprisonment for a term not exceeding one year;
C. three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
The period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.
3. Section 320(1), CrPC specifies the offences, which can be compounded without/with the permission of the Court.
Ans: with the permission of the Court
4. What is the punishment for voluntarily causing hurt under the Indian Penal Code?
Ans: Imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.(Sec. 323)
5. What is the punishment for voluntarily causing hurt by dangerous weapons or means under the Indian Penal Code?
Ans: Imprisonment of either description for a term which may extend to three years, or with fine, or with both.(Sec. 324)
6. What is the punishment for wrongful restraint under IPC?
Ans: Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.(Sec. 341)
7. What is the punishment for wrongful confinement under IPC?
Ans: Whoever wrongfully confines any person shall be punished with simple imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.(Sec. 342)
8. The case of Deena vs. Union of India relates to
A. hanging as mode of execution
B. capital punishment
Punishment for assault or criminal force otherwise than on grave provocation- Sec. 352 of the Indian Penal Code
Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Assault or criminal force with intent to dishonour person, otherwise than on grave provocation- Sec. 355 of the Indian Penal Code
Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
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