CIVIL & CRIMINAL JUDICIAL EXAM QS
5TH AUGUST, 2012
(CIVIL & CRIMINAL)
1. 1. Does the Indian Penal Code extend to
extra territorial offences? Explain.
Answer:
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Extension of Code to extra-territorial offences
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The provisions of this Code apply also to any
offence committed by:
any citizen of India in any place without and beyond
India;
any person on any ship or aircraft registered in
India wherever it may be.
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Trial of offences under the Indian Penal Code and
other laws
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All offences under the Indian Penal Code (45 of
1860) shall be investigated, inquired into, tried, and otherwise dealt with
according to the provisions hereinafter contained.
All offences under any other law shall be
investigated, inquired into, tried, and otherwise dealt with according to the
same provisions, but subject to any enactment for the lime being in force
regulating the manner or place of investigating, inquiring into, trying or
otherwise dealing with such offences.
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A “promissory note” is an instrument in writing (not
being a bank-note or a currency-note) containing an unconditional undertaking,
signed by the maker, to pay a certain sum of money only to, or to the order of,
a certain person, or to the bearer of the instrument.
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Save as otherwise expressly provided in this Act,
any text rule or interpretation of Hindu law or any
custom or usage as part of that law in force immediately before the
commencement of this Act shall cease to have effect with respect to any matter
for which provision is made in this Act;
any other law in force immediately before the
commencement of this Act shall cease to have effect in so far as it is
inconsistent with any of the provisions contained in this Act.
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May presume: Whenever it is proved by this Act that
Court may presume a fact, it may either regard such fact as proved, unless and
until it is disproved, or may call for proof of it.
Shall presume: whenever it is directed by this Act that the Court shall presume
a fact, it shall regard such fact as proved, unless and until it is disproved.
Conclusive proof: When one fact is declared by this Act to be conclusive proof of
another, the Court shall, on proof of the one fact, regard the other as proved,
and shall not allow evidence to be given for the purpose of disproving it.
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Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974), the State Government may, by notification
in the Official Gazette, constitute for a district or a group of districts
specified in the notification, one or more Juvenile Justice Boards for
exercising the powers and discharging the duties conferred or imposed on such
Boards in relation to juveniles in conflict with law under this Act.
A Board shall consist of a Metropolitan Magistrate
or a Judicial Magistrate of the first class, as the case may be, and two social
workers of whom at least one shall be a woman, forming a Bench and every such
Bench shall have the powers conferred by the Code of Criminal Procedure, 1973
(2 of 1974), on a Metropolitan Magistrate or, as the case may be, a Judicial
Magistrate of the first class and the Magistrate on the Board shall be
designated as the principal Magistrate.
No Magistrate shall be appointed as a member of the
Board unless he has special knowledge or training in child psychology or child
welfare and no social worker shall be appointed as a member of the Board unless
he has been actively involved in health education, or welfare activities
pertaining to children for at least seven years.
The term of office of the members of the Board and
the manner in which such member may resign shall be such as may be prescribed.
The appointment of any member of the Board may be
terminated after holding inquiry, by the State Government, if-
he has been found guilty of misuse of power vested
under this Act,
he has been convicted of an offence involving moral
turpitude, and such conviction has not been reversed or he has not been granted
full pardon in respect of such offence,
he fails to attend the proceedings of the Board for
consecutive three months without any valid reason or he fails to attend less
than three-fourth of the sittings in a year.
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