All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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40.

During a trial for murder, the prosecutor alleges that the murder weapon is hidden in the house of the accused but his wife is not allowing them into the house. What should the prosecution seek from the court to secure the murder weapon ?


Principle :

The Code of Criminal Procedure, 1973, empowers the Court and the investigating agencies to perform functions including to summon documents or things and to conduct searches for such documents or things.
A: An order for arrest of the wife.
B: An order for judicial custody of the wife.
C: An order for appointment of Judicial Committee.
D: A search warrant to inspect the accused's house for the murder weapon.
E: A summons to the wife to present the murder weapon in court.

The answer is: D

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Explanation

The correct answer is:

D: A search warrant to inspect the accused's house for the murder weapon.

Explanation :

In a murder trial where the prosecutor alleges that the murder weapon is hidden in the house of the accused, the prosecution should seek a search warrant from the court. A search warrant is a legal document issued by a court that authorizes law enforcement or other authorized individuals to search a specified location, such as the accused's house, for evidence related to a crime.

Here's why the other options are not correct:

A: An order for arrest of the wife - This option is not relevant to securing the murder weapon and seems unrelated to the evidence search.

B: An order for judicial custody of the wife - This option pertains to the detention of the wife, which may not be necessary to secure the murder weapon.

C: An order for appointment of Judicial Committee - This option doesn't address the immediate need to search for the murder weapon.

E: A summons to the wife to present the murder weapon in court - While a summons might be issued to individuals to appear in court, it may not be sufficient if there are concerns that the evidence may be tampered with or destroyed. A search warrant allows for a thorough and lawful search of the premises to find the evidence.