MPCJ Mains Previous 5 Year's Paper Discussion (Paper 3)

Madhya Pradesh Civil Judge Mains Exam is a two-day event scheduled for 27 and 28 August 2022.

Paper 3 of the MPCJ Mains exam includes questions from the Indian Penal Code, Criminal Procedure Code, Evidence Act, SC & ST (Prevention of Atrocities) Act, POCSO Act, NDPS Act (Chapter-3,4 & 5), and Negotiable Instrument Act.

Let’s discuss the previous 5 year paper of MPCJ Mains in this blog. 

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Indian Evidence Act (IEA)

MPCJ Mains exam allots 20 marks to the Indian Evidence Act. It is the third most important topic of Civil Judge Mains Paper 3.

Here are some of the previous year's questions of MPCJ from the Indian Evidence Act.

Question 1) Can the credit of the witness be impeached by the party who calls him? If yes, how? Explain with examples. [2016]

Outline 1) 

• Introduction - Meaning of impeaching the credit of the witness, who can impeach the credit
• Section 155 - Manner by which credit can be impeached
• Unworthy of credit
• Corrupt inducement
• Previous inconsistent statement

Question 2) When a person can prove admission in his favour? Explain with an example. [2016]

Outline 2) 

• Introduction- meaning of admission, section 17
• Proof of admissions against persons making them in their favour
• Section 21
• When it is of such a nature that, if the person making it were dead it would be relevant as between third person under section 32
• When it consists of a statement of the existence of any state of mind or body, it is accompanied by conduct rendering its falsehood improbable.
• If it is relevant otherwise than as an admission
• Example-log book maintained by a ship captain in the case between him and ship owners; res gestae etc.

Question 3) "A" tried for the murder of "B". A says to the police officer that I have buried the knife with which I committed the murder of B." He shows the place where the knife was buried. A knife is taken out. [2017]

Whether the statement with which I committed the murder of B" is admissible? Discuss? [2017]

Outline 3)

• Introduction - Confession meaning
• 4 section 24 - Confession is irrelevant when it is made by inducement threat or promise.
• Such inducement must come from the person in authority, related to the charge in question, and should hold some worldly benefit or disadvantage
• Section 25 and section 26
• Section 27- Exception to the above two sections.
• A statement which leads to the discovery of facts connected with cr 2 can be proved.
• A link has to be proved between the discovered object and the crime.
• Pulukuri Kottaya v. Emperor 1947

Question 4) a) Is birth during the marriage, conclusive Proof of Legitimacy? [2018]

1. b) What is the presumption as to the abetment of suicide by a married woman? [2018]
2. c) What is the presumption as to dowry death? [2018]

Outline 4) a)

• Introduction-irrebuttable presumption of law is conclusive proof
• Section 112- birth during marriage conclusive proof of legitimacy
• Any person born during continuance of valid marriage or within 280 days after its dissolution, the mother remaining unmarried shall be conclusive proof of legitimacy.
• Unless non-access is proved.

b) 

• Presumption as to abatement of suicide by a married woman
• Section 113 an (added by amendment of 1983)
• Suicide within 7 years from the date of her marriage
• Husband or relative of husband subjected her to cruelty
• The court may presume that suicide has been abetted by her husband or such relative.
• Cruelty-same as 498 an of IPC

c)

• Presumption as to dowry death
• Section 133 B
• Soon before her death, she was subjected to cruelty or harassment for or in connection with any demand for dowry.
• The court shall presume that such person caused the dowry death of the woman.

Code of Criminal Procedure (CRPC)

The second most important topic of Paper 3 is CrPC. It holds the highest weightage of 20 marks. 

Refer to the following questions and outline an answer to revise MPCJ Mains's previous year's paper from CRPC. 

Question 1) Every Offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed. Examine this proposition of law. Do you think there is any exception to this rule? [2017]

Outline 1)

• Section 177 talks about the general rule.
• Exceptions are given under Sections 178-189.
• Exception: Transfer of Cases by Supreme Court & High Court.

Question 2) What is the procedure for recording evidence in the absence of the accused? Whether the evidence adduced in the trial of co-accused can be used against the absconding accused of the same case? [2018]

Outline 2)

• The general rule under Section 273 CrPC says that evidence is to be taken in the presence of accused
• The exceptions to the general rule under Section 299 & Section 317

Question 3) Explain the circumstances in which release on bail is mandatory. [2019]

Outline 3)

• When the Accused has committed a Bailable Offence (Section 436(1)).
• Maximum Period of Detention by an Undertrial Prisoner under Section 436A of CrPC (2005 Amendment)
• When the investigation is not complete within the prescribed period (Default Bail under Section 167 CrPC).
• The necessity for further investigation but no reasonable ground for believing that the accused
•  has committed a non-bailable offence under Section 437 (2).
• When the trial is not over within the prescribed period under Section 437(6) CrPC. 
• When there are no reasonable grounds for believing the accused to be guilty under Section 437 (7) CrPC

Question 4) a) For what offences/accused persons, is Plea Bargaining under Chapter XXI-A of the Code of Criminal Procedure applicable? [2019]

b) Describe the guidelines provided under Section 265C of the Code of Criminal Procedure for mutually satisfactory disposition of Criminal Cases based on Plea Bargaining. [2019]

Outline 4)

a) Plea bargaining is a pre-trial negotiation between the accused and the prosecution where the accused agrees to plead guilty in exchange for certain concessions by the prosecution. Section 265A to 265L. Chapter XXIA of the Criminal Procedure Code deals with the idea of Plea Bargaining. It was inserted into the Criminal Law (Amendment) Act, 2005.

It allows plea bargaining for cases:

• Where the maximum punishment is imprisonment for 7 years;
• Where the offences don't affect the socio-economic condition of the country
• When the offences are not committed against a woman or a child be excluded.

b) Guidelines are given under Section 265C

• In a case instituted on a police report, the Court shall issue a notice to the Public Prosecutor, the police officer who has investigated the case, the accused and the victim of the case to participate in the meeting to work out a satisfactory disposition of the case.
• In a case instituted otherwise than on police report, the Court shall issue notice to the accused and the victim of the case to participate in a meeting to work out a satisfactory disposition of the case;

Negotiable Instrument Act (NIA)

Negotiable Instrument Act holds the weightage of 8 marks out of 100 marks. Also, chapter 13 and chapter 17 are the most important chapters from MPCJ's Mains perspective. 

Read the following previous year’s questions carefully to ace MPCJ Mains answer writing.

Question 1) How can Cognizance of Offences be taken under the Negotiate Instrument Act 1881? Explain powers along with the provision as to the court within whose local jurisdiction the offence under Section 13 shall be inquired into and tried. [2016]

Outline 1)

• Introduction - Section 138 and Section 142 in brief
• Section 142
• Cognizance of Offence
• Time period
• Authorities
• Place of inquiry and trial.
• Dasrath Rupsingh Rathod v State of Maharasthra SC 2014
• Section 142 A

Powers:

• Punishment under section 138
• Summary Trial
• Interim Compensation

Question 2) Discuss the essential ingredients of section 138 under NIA. Which defence is not allowed in any prosecution under Section 138? [2017]

Outline 2) 

• INTRODUCTION - Section 138-148 in brief
• Essentials of Section 138
• Section 142(1)
• Section 139
• The defence, which is not allowed by Section 140

Question 3) What is the newly amended provision regarding interim compensation? How can an offence be compounded by the trial court and by the appellate court? [2018]

Outline 3) 

• Introduction
• Section 143 A
• GJ Raja v Tejraj Surana 2019 SC
• Section 148.
• Surinder Singh Deswal v Virendra Gandhi 2019 SC.
• Compounding:
• Section 147
• Damodar S Prabhu v Sayed Babalal.

Question 4) Explain the liability of the persons in case of dishonour of a cheque by a company. [2019]

Outline 4)

• INTRODUCTION
• Section 141
• Aneeta Hada v Godfather Tours and Travels Pvt Ltd 2012 SC
• KK Ahuja v. VK Vora 2009 SC
• Dilip Hariramani vs Bank of Baroda 2022 SC

Indian Penal Code

IPC is one of the major topics of MPCJ Mains Paper 3. The High Court of Madhya Pradesh allotted 20 marks to the Indian Penal Code (IPC). 

Go through the previous year's question of IPC along with the answer outline given below.

Question 1) What do you mean by Common Intention? How does it differ from Common Object? [2016]

Outline 1)

• The definition is given u/s 34 of IPC.
• It lays down a rule of evidence and is not a substantive offence.
• Case-laws like Barendra Kumar Ghosh v Emperor, Mehbub Shah v Emperor.
• Essential elements of Common Intention.

Difference between Common Intention & Common Object

• On the basis of a number of persons
• On the basis of a specific offence
• On the basis of Object
• On the basis of Participation

Question 2) When does the offence fall under Section 304 Part I and when does it fall under Section 304 Part of IPC? Discuss. [2017]

Outline 2) Section 304 provides for the punishment for Culpable Homicide not amounting to Murder.

The Section provides for punishment for 2 degrees:

• Intention to cause Death or Bodily Injury likely to cause death under Part-1, the punishment for which is Life Imprisonment or imprisonment for a term which may extend to ten years or a fine.
• The knowledge that the act is likely to cause death under Part-2, the punishment for which is imprisonment which may extend to ten years or fine or both.

Question 3) Define Criminal Intimidation. How is criminal intimidation different from extortion? [2019]

Outline 3) The offence of criminal intimidation is defined under Section 503 of the Indian Penal Code, 1860. The provision states that anyone who threatens a person on the following grounds is liable for criminal intimidation.

• Threatens injury to his person;
• Threatens injury to his reputation;
• Threatens injury to his property;
• The threatens-injury-to-the-person-er reputation of anyone in whom the interested.

The Supreme Court in the case of Vikram Johar vs. The State of Uttar Pradesh (2019) has observed that the mere act of abusing a person in a filthy language does not satisfy the essential ingredients of the offence of criminal intimidation.

Difference between Criminal Intimidation and Extortion:

• On the Basis of Intention
• On the basis of the essence of the offence.

Question 4) Describe and distinguish between the following:

1. Cheating and Criminal Breach of Trust
2. Ingredients of Cheating and Criminal Breach of Trust
3. Differences between them [2020]

Outline 4) Abetment and Criminal Conspiracy

• On the Basis of Definition
• On the Basis of Substantive Offence
• On the Basis of Principal Offender

Giving False Evidence and Fabricating False Evidence

• Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.
• Whoever causes any circumstance to exist or [makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement], intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said: "to fabricate false evidence".