All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

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31.

“From a plain reading of Section 195 Cr. P.C it is mainfest that it comes into operation at the stage when the Court intends to take cognizance of an offence under Section 190(1) Cr PC.; and it has nothing to do with the statutory power of the police to investigate into an F.I.R. which discloses a cognizable offence ..... In other words, the statutory power of the Police to investigate under the Code is not in any way controlled or circumscribed by Section 195 Cr. P.C.” - This was held by the Supreme Court in the case of

A: Nalini Vs State of Tamilnadu
B: Raj Singh Vs State [(1998)]
C: Shamsher Singh Vs State of Punjab
D: State of Himachal Pradesh Vs Tara Dutta

The answer is: B

Explanation

The correct answer is B: Raj Singh Vs State [(1998)]

This statement emphasizes that Section 195 of the Criminal Procedure Code (Cr. P.C.) comes into operation at the stage when the court intends to take cognizance of an offense under Section 190(1) Cr. P.C. It clarifies that Section 195 does not control or circumscribe the statutory power of the police to investigate an FIR that discloses a cognizable offense. In simpler terms, Section 195 is not a restriction on the police's authority to investigate a cognizable offense.

This interpretation was provided by the Supreme Court in the case of Raj Singh Vs State [(1998)].