50 Killer Trap Questions in Judicial Criminal Viva

Posted on March 7, 2026 by Admin

IPC Concept Traps

What is the difference between culpable homicide and murder under Indian Penal Code, 1860?
👉 Murder is aggravated form of culpable homicide.
Can intention be presumed from circumstances?
👉 Yes.
Can a dead person be murdered twice?
👉 No.
Can negligence amount to murder?
👉 No, generally falls under culpable homicide not amounting to murder or rash/negligent acts.
Is every hurt an offence?
👉 Yes, but punishment depends on severity.

Can preparation be punishable?
👉 Generally No, except special offences (like dacoity).
Difference between preparation and attempt?
Can attempt exist without intention?
👉 No.
Is motive essential for conviction?
👉 No.
Can person be convicted without motive?
👉 Yes.

Can FIR be lodged by accused under Code of Criminal Procedure, 1973?
👉 Yes.
Can FIR be lodged after delay?
👉 Yes, delay must be explained.
Can multiple FIRs exist for same incident?
👉 Generally No.
Can police refuse FIR?
👉 No for cognizable offences.
Remedy if police refuse FIR?
👉 Approach Magistrate under Section 156(3) CrPC.

Can police arrest without warrant?
👉 Yes, for cognizable offences.
Can woman be arrested at night?
👉 Generally No, except exceptional circumstances.
Can private person arrest someone?
👉 Yes, in certain cases.
Is handcuffing allowed?
👉 Only in exceptional circumstances.
Can Magistrate order arrest?
👉 Yes.

Difference between bailable and non-bailable offences?
Can bail be cancelled after grant?
👉 Yes.
Can anticipatory bail be granted after arrest?
👉 No.
Section for anticipatory bail under Code of Criminal Procedure, 1973?
👉 Section 438.
Can Magistrate grant anticipatory bail?
👉 No (Sessions Court/High Court).

Can conviction be based on sole witness under Indian Evidence Act, 1872?
👉 Yes, if reliable.
Can confession to police be admissible?
👉 No, except discovery.
Can recovery alone prove guilt?
👉 No.
What is last seen theory?
Can circumstantial evidence alone convict accused?
👉 Yes, if chain complete.

Can trial proceed in absence of accused?
👉 Generally No.
Can charge be altered during trial?
👉 Yes.
Can accused be convicted for offence not charged?
👉 Sometimes Yes if evidence proves it.
Can judge question witnesses?
👉 Yes.
Can court summon additional witness?
👉 Yes.

Can court impose lesser punishment than minimum?
👉 Generally No.
Can death sentence be awarded by Sessions Court alone?
👉 Needs High Court confirmation.
Can life imprisonment mean 14 years only?
👉 No, may mean entire life.

Can acquitted person be tried again?
👉 No, because of double jeopardy.
Can confession of co-accused convict another accused?
👉 No, needs corroboration.
Can police file chargesheet without arrest?
👉 Yes.
Can case continue if complainant dies?
👉 Yes.
Can court convict accused even if prosecution hostile?
👉 Yes, based on evidence.
Can judge rely on evidence not produced by parties?
👉 Yes, court may summon evidence.
What is the golden rule of criminal jurisprudence?
👉 Benefit of doubt to accused.