Rajasthan APO 2024 Prelims Paper

Arrange the following in the chronological order on the basis of Sections of Criminal Procedure Code, 1973 - (I) Procedure for summary trial (II) Information in cognizable offence (III) Examination of witness by police (IV) Recording of confessions and statements

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

Explanation:

To arrange these procedures chronologically based on their sections in the Code of Criminal Procedure, 1973 (CrPC), we need to identify the relevant sections for each item: * **(I) Procedure for summary trial:** This procedure is covered under Chapter XXI of the CrPC, specifically from **Sections 260 to 265**. Summary trials are a method of conducting trials for minor offenses in an expedited manner, typically occurring after the initial investigation and charge-sheeting. * **(II) Information in cognizable offence:** This refers to the process of lodging a First Information Report (FIR) for a cognizable offense. This is governed by **Section 154** of the CrPC. This is usually the very first step in a criminal investigation after an offense is reported. * **(III) Examination of witness by police:** This process involves the police questioning witnesses during the investigation of a case. This is covered under **Section 161** of the CrPC. This occurs after the FIR is registered and the investigation commences. * **(IV) Recording of confessions and statements:** This refers to the recording of confessions and statements by a Magistrate during the course of an investigation. This is governed by **Section 164** of the CrPC. This typically happens after witnesses have been examined and crucial evidence or confessions are obtained by the police, which then need to be recorded by a Magistrate to ensure their voluntariness and admissibility. Now, let's arrange them in chronological order based on their section numbers: 1. **Section 154 (II) - Information in cognizable offence:** This is the earliest stage, dealing with the registration of an FIR. 2. **Section 161 (III) - Examination of witness by police:** This follows the FIR, as part of the police investigation. 3. **Section 164 (IV) - Recording of confessions and statements:** This occurs during the investigation, often after initial witness examination, when a confession or statement needs to be formally recorded by a Magistrate. 4. **Sections 260-265 (I) - Procedure for summary trial:** This is a trial procedure, which takes place much later, after the investigation is complete and charges have been framed. Therefore, the correct chronological order is (II), (III), (IV), (I). **Analysis of Options:** * **Option (1) (I), (III), (IV), (II):** This order is incorrect as it places summary trial (I) first and FIR (II) last, which is procedurally wrong. * **Option (2) (II), (III), (IV), (I):** This order correctly follows the sequence of events in a criminal case, from reporting a cognizable offense to investigation, recording of statements/confessions, and finally, the trial. This is the correct answer. * **Option (3) (I), (II), (III), (IV):** This order is incorrect as it places summary trial (I) first. * **Option (4) (II), (III), (I), (IV):** This order is incorrect as it places summary trial (I) before recording of confessions (IV). Thus, option (2) accurately reflects the chronological progression of these procedures as per the CrPC sections.