Rajasthan APO 2024 Prelims Paper

Arrange the following definitions in the chronological order on the basis of Sub-Sections of Section 2 of Code of Criminal Procedure, 1973- (I) Complaint (II) Bailable offence (III) Investigation (IV) Cognizable offence

Verified Answer
A. II, IV, I, III
B. IV, III, II, I
C. I, IV, III, II
D. III, IV, I, II

Explanation:

To arrange these definitions in chronological order based on the sub-sections of Section 2 of the Code of Criminal Procedure (CrPC), 1973, we need to refer to the specific clauses where each term is defined: 1. **(II) Bailable offence:** This term is defined in Section 2(a) of the CrPC. Section 2(a) states that 'bailable offence' means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and 'non-bailable offence' means any other offence. 2. **(IV) Cognizable offence:** This term is defined in Section 2(c) of the CrPC. Section 2(c) states that 'cognizable offence' means an offence for which, and 'cognizable case' means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant. 3. **(I) Complaint:** This term is defined in Section 2(d) of the CrPC. Section 2(d) states that 'complaint' means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. 4. **(III) Investigation:** This term is defined in Section 2(h) of the CrPC. Section 2(h) states that 'investigation' includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf. Based on these sub-sections, the chronological order is: (II) Bailable offence (2a), (IV) Cognizable offence (2c), (I) Complaint (2d), (III) Investigation (2h). Therefore, the correct sequence is II, IV, I, III. Let's examine why the other options are incorrect: Option (1) IV, III, II, I: This sequence places 'Cognizable offence' (2c) first, followed by 'Investigation' (2h), then 'Bailable offence' (2a), and finally 'Complaint' (2d). This order is incorrect because 'Bailable offence' (2a) appears earlier in the sub-section sequence than 'Cognizable offence' (2c), 'Complaint' (2d), and 'Investigation' (2h). Option (2) I, IV, III, II: This sequence places 'Complaint' (2d) first, followed by 'Cognizable offence' (2c), then 'Investigation' (2h), and finally 'Bailable offence' (2a). This order is incorrect as 'Bailable offence' (2a) is the earliest definition among the given options, and 'Complaint' (2d) comes after 'Bailable offence' (2a) and 'Cognizable offence' (2c). Option (3) III, IV, I, II: This sequence places 'Investigation' (2h) first, followed by 'Cognizable offence' (2c), then 'Complaint' (2d), and finally 'Bailable offence' (2a). This order is incorrect because 'Investigation' (2h) is the last definition among the given options in terms of sub-section order, and 'Bailable offence' (2a) is the earliest.