Paper-III: Criminal Law (Spring 2024)

LAHORE HIGH COURT, LAHORE CIVIL JUDGES-CUM-MAGISTRATES COMPETITIVE EXAMINATION, 2024 (Spring) PAPER - III: CRIMINAL LAW TIME ALLOWED: 03 HOURS TOTAL MARKS: 100 Instructions: Attempt any FIVE questions. All questions carry equal marks. Q.1 Explain essential ingredients of an unlawful assembly? When does a person become a member of an unlawful assembly, and at what point of time does an unlawful assembly attract the offence of rioting? Is section 141 of PPC attracted where a person in lawful possession of property uses force to maintain such possession? Support answer with illustrations. Q.2 How wrongful restraint is different from wrongful confinement? Explain distinguishing features with illustrations. Which is a more serious offence in the context of restraint on personal liberties? Q.3 Explain with illustrations the essential ingredients of dishonest misappropriation of property, criminal breach of trust, cheating, and mischief. Quote instances where mischief committed would have had the potential to affect a larger public. Q.4 Joining of charges or consolidation of offences: Is it legally permissible? Explain circumstances where two or more different offences could be consolidated in a single trial. What legal principles and procedures should be adopted for ensuring that no unfairness is caused to the Accused upon joining of charges? Q.5 Explain the mode of delivering judgment. What is judgment in alternative? What is the effect of judgment announced but not written? Is it lawful for a Judge to write judgment from memory when part of the record is not available? Elaborate with illustrations. Q.6 What kind of directions, akin to the nature of habeas corpus, can be issued under section 491 of the Code of Criminal Procedure 1898? Q.7 Section 190 of the Code of Criminal Procedure 1898 empowers Magistrates to take cognizance of offences. Elaborate the benefits offered by the cognizance of offences by Magistrate(s) for the public and efficiency of the criminal judicial system. Q.8 Provide details of the books which must be maintained at each Police Station in accordance with the mandate of Rule 22.45 of Chapter XXII of the Police Rules 1934. Q.9 Juvenile justice system is primarily reformative and reiterates principles of restorative justice. Explain relevant provisions of the Juvenile Justice System Act 2018 which assist in achieving the objectives envisaged. Q.10 Everyday increase in incidents of public abuse, highhandedness, and arbitrary treatment at the hands of Police force manifest poor enforcement of Police Order 2002. What checks are provided in the Order 2002 to improve behavioural attitude of Police, enhance efficiency, encourage transparency, promote community engagement, and adopt conflict resolution approaches? Cite relevant provisions.