50 Killer Trap Questions in Judicial Criminal Viva

IPC Concept Traps

1. What is the difference between culpable homicide and murder under Indian Penal Code, 1860?
   👉 Murder is aggravated form of culpable homicide.

2. Can intention be presumed from circumstances?
   👉 Yes.

3. Can a dead person be murdered twice?
   👉 No.

4. Can negligence amount to murder?
   👉 No, generally falls under culpable homicide not amounting to murder or rash/negligent acts.

5. Is every hurt an offence?
   👉 Yes, but punishment depends on severity.

IPC Practical Traps

6. Can preparation be punishable?
   👉 Generally No, except special offences (like dacoity).

7. Difference between preparation and attempt?

8. Can attempt exist without intention?
   👉 No.

9. Is motive essential for conviction?
   👉 No.

10. Can person be convicted without motive?
    👉 Yes.

Common Intention & Conspiracy

11. Difference between common intention and common object?

12. Section for common intention in Indian Penal Code, 1860?
    👉 Section 34.

13. Minimum number of persons for common object?
    👉 Five.

14. Can common intention develop on the spot?
    👉 Yes.

15. Can one accused be convicted under Section 34 alone?
    👉 No.

Criminal Procedure Traps

16. Can FIR be lodged by accused under Code of Criminal Procedure, 1973?
    👉 Yes.

17. Can FIR be lodged after delay?
    👉 Yes, delay must be explained.

18. Can multiple FIRs exist for same incident?
    👉 Generally No.

19. Can police refuse FIR?
    👉 No for cognizable offences.

20. Remedy if police refuse FIR?
    👉 Approach Magistrate under Section 156(3) CrPC.

Arrest Traps

21. Can police arrest without warrant?
    👉 Yes, for cognizable offences.

22. Can woman be arrested at night?
    👉 Generally No, except exceptional circumstances.

23. Can private person arrest someone?
    👉 Yes, in certain cases.

24. Is handcuffing allowed?
    👉 Only in exceptional circumstances.

25. Can Magistrate order arrest?
    👉 Yes.

Bail Traps

26. Difference between bailable and non-bailable offences?

27. Can bail be cancelled after grant?
    👉 Yes.

28. Can anticipatory bail be granted after arrest?
    👉 No.

29. Section for anticipatory bail under Code of Criminal Procedure, 1973?
    👉 Section 438.

30. Can Magistrate grant anticipatory bail?
    👉 No (Sessions Court/High Court).

Evidence Traps

31. Can conviction be based on sole witness under Indian Evidence Act, 1872?
    👉 Yes, if reliable.

32. Can confession to police be admissible?
    👉 No, except discovery.

33. Can recovery alone prove guilt?
    👉 No.

34. What is last seen theory?

35. Can circumstantial evidence alone convict accused?
    👉 Yes, if chain complete.

Trial Procedure Traps

36. Can trial proceed in absence of accused?
    👉 Generally No.

37. Can charge be altered during trial?
    👉 Yes.

38. Can accused be convicted for offence not charged?
    👉 Sometimes Yes if evidence proves it.

39. Can judge question witnesses?
    👉 Yes.

40. Can court summon additional witness?
    👉 Yes.

Sentencing Traps

41. Can court impose lesser punishment than minimum?
    👉 Generally No.

42. Can death sentence be awarded by Sessions Court alone?
    👉 Needs High Court confirmation.

43. Can life imprisonment mean 14 years only?
    👉 No, may mean entire life.

Dangerous Viva Traps

44. Can acquitted person be tried again?
    👉 No, because of double jeopardy.

45. Can confession of co-accused convict another accused?
    👉 No, needs corroboration.

46. Can police file chargesheet without arrest?
    👉 Yes.

47. Can case continue if complainant dies?
    👉 Yes.

48. Can court convict accused even if prosecution hostile?
    👉 Yes, based on evidence.

49. Can judge rely on evidence not produced by parties?
    👉 Yes, court may summon evidence.

50. What is the golden rule of criminal jurisprudence?
    👉 Benefit of doubt to accused.

✅ These questions are commonly used to check whether a candidate understands:

• Criminal procedure practically

• Evidence evaluation

• Judicial discretion

• Trial management