Q1: 1. In the Code of Criminal Procedure 1973, which section deals with the appeal from an order rejecting an application for restoration of attached property?

• A) A) Section 83
• B) B) Section 86
• C) C) Section 90
• D) D) Section 95

Q2: 2. What is the recourse available to a party dissatisfied with an order rejecting an application for restoration of attached property under Section 86?

• A) A) Appeal to the High Court
• B) B) Filing a new application in a lower court
• C) C) Seeking intervention from the police
• D) D) None of the above

Q3: 3. Under Section 86 of the Code of Criminal Procedure 1973, who has the right to appeal from an order rejecting an application for restoration of attached property?

• A) A) Only the defendant
• B) B) Only the prosecution
• C) C) Both the defendant and the prosecution
• D) D) Only the investigating officer

Q4: 4. What is the significance of Section 86 in the criminal justice system?

• A) A) It ensures fair treatment of the accused during property attachment proceedings
• B) B) It speeds up the process of property restoration
• C) C) It allows for automatic restoration of attached property
• D) D) It is not relevant in property attachment cases

Q5: 5. Which of the following statements is true regarding an appeal under Section 86 of the Code of Criminal Procedure 1973?

• A) A) The appeal must be filed within 30 days of the order rejecting the application for restoration
• B) B) The appeal can only be filed by the defendant
• C) C) The appeal can be filed in any court of the defendant's choice
• D) D) The appeal process is automatic without the need for any formalities

Q6: 6. In a real-life scenario, if a court rejects an application for restoration of attached property, what should the concerned party do next?

• A) A) File a fresh application with a different court
• B) B) Appeal the order to the High Court under Section 86
• C) C) Seek approval from the investigating officer
• D) D) Abandon the property and pursue other legal remedies

Q7: 7. How does Section 86 of the Code of Criminal Procedure 1973 protect the rights of the parties involved in property attachment cases?

• A) A) By providing a fast-track process for property restoration
• B) B) By allowing for multiple appeals at different stages
• C) C) By ensuring a judicial review of orders rejecting restoration applications
• D) D) By automatically restoring attached property upon request

Q8: 8. What role does the appellate court play in cases involving appeals under Section 86 of the Code of Criminal Procedure 1973?

• A) A) The appellate court acts as a mediator between the parties
• B) B) The appellate court conducts a new trial of the case
• C) C) The appellate court reviews the lower court's decision for errors
• D) D) The appellate court has no authority over property attachment matters

Q9: 9. A defendant's property was wrongfully attached by the court, and the application for restoration was rejected. What legal recourse is available under Section 86?

• A) A) Filing a civil lawsuit against the court
• B) B) Seeking compensation from the prosecution
• C) C) Appealing the rejection order to the High Court
• D) D) Surrendering the property to the court permanently

Q10: 10. How does the provision of appeal under Section 86 contribute to ensuring justice in property attachment cases?

• A) A) By allowing for multiple appeals by the same party
• B) B) By providing a mechanism to challenge erroneous decisions
• C) C) By automatically restoring attached property upon request
• D) D) By bypassing the lower courts and directly approaching the High Court

Q11: 11. In a case where the prosecution's application for restoration of attached property is rejected, what can the prosecution do under Section 86?

• A) A) File a criminal complaint against the defendant
• B) B) Appeal the rejection order to the High Court
• C) C) Request a retrial in the same court
• D) D) Accept the decision and move on to other cases

Q12: 12. What is the time limit for filing an appeal under Section 86 from the date of the order rejecting the application for restoration of attached property?

• A) A) 15 days
• B) B) 30 days
• C) C) 60 days
• D) D) 90 days

Q13: 13. If a defendant fails to file an appeal within the prescribed time limit under Section 86, what consequences may arise?

• A) A) Automatic restoration of attached property
• B) B) Extension of the appeal deadline at the court's discretion
• C) C) Dismissal of the appeal as time-barred
• D) D) Rejection of the original restoration application

Q14: 14. How does an appeal under Section 86 impact the proceedings of the lower court that rejected the restoration application?

• A) A) It halts all proceedings until the appeal is decided
• B) B) It has no effect on the lower court's proceedings
• C) C) It requires the lower court to reconsider its decision
• D) D) It automatically transfers the case to a higher court

Q15: 15. If the High Court upholds an appeal under Section 86 and orders restoration of attached property, what steps should be taken by the lower court?

• A) A) Automatically restore the property without further orders
• B) B) Conduct a fresh hearing on the restoration application
• C) C) Seek approval from the prosecution before restoration
• D) D) Challenge the High Court's decision in a Supreme Court

Q16: 16. What factors are considered by the appellate court when reviewing an order rejecting a restoration application under Section 86?

• A) A) Previous criminal record of the defendant
• B) B) Compliance with procedural requirements
• C) C) Financial status of the parties involved
• D) D) Public opinion on the case

Q17: 17. In a situation where multiple applications for restoration of attached property are rejected, can the concerned party file multiple appeals under Section 86?

• A) A) Yes, for each rejected application
• B) B) No, only one appeal is allowed per case
• C) C) Yes, but with the permission of the lower court
• D) D) No, appeals are not permitted in such cases

Q18: 18. How does the provision of appeal under Section 86 contribute to maintaining transparency and accountability in property attachment cases?

• A) A) By allowing for private negotiations between the parties
• B) B) By ensuring public disclosure of court decisions
• C) C) By enabling review of lower court actions by a higher authority
• D) D) By exempting property attachment cases from appeal processes

Q19: 19. What distinguishes an appeal under Section 86 from other legal remedies available in property attachment cases?

• A) A) It guarantees automatic restoration of attached property
• B) B) It provides an opportunity for a fresh trial in a different court
• C) C) It specifically addresses orders rejecting restoration applications
• D) D) It can only be filed by the investigating officer

Q20: 20. If an application for restoration of attached property is rejected by the court due to a technical error, can the concerned party appeal under Section 86?

• A) A) Yes, for substantive errors only
• B) B) No, technical errors are not appealable
• C) C) Yes, if the error affects the rights of the parties
• D) D) No, technical errors cannot be challenged

Q21: 21. How does Section 86 of the Code of Criminal Procedure 1973 ensure access to justice for parties aggrieved by orders rejecting restoration applications?

• A) A) By providing free legal representation in appeals
• B) B) By simplifying the appeal process for non-lawyers
• C) C) By allowing for extension of appeal deadlines
• D) D) By establishing a clear mechanism for seeking redress

Q22: 22. What is the role of the prosecution in an appeal under Section 86 of the Code of Criminal Procedure 1973?

• A) A) To represent the defendant in the appeal process
• B) B) To challenge the lower court's decision on restoration
• C) C) To independently review the restoration application
• D) D) To assist the court in attaching more properties

Q23: 23. In a case where the defendant absconds after the rejection of a restoration application, how does Section 86 address the issue?

• A) A) By automatically dismissing the appeal
• B) B) By allowing the prosecution to proceed ex parte
• C) C) By requiring the defendant's presence for the appeal
• D) D) By transferring the case to a civil court

Q24: 24. What is the purpose of setting a time limit for filing appeals under Section 86 of the Code of Criminal Procedure 1973?

• A) A) To expedite the resolution of property attachment cases
• B) B) To discourage parties from appealing court decisions
• C) C) To limit the workload of the appellate courts
• D) D) To restrict access to justice for the parties

Q25: 25. How does the appellate court determine the merit of an appeal under Section 86 in property attachment cases?

• A) A) By conducting a full trial of the original case
• B) B) By reviewing the lower court's decision for errors
• C) C) By seeking public opinion on the matter
• D) D) By consulting with the investigating officer