Bihar Judiciary Mock Test 4 — Questions & Solutions
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Nitish Kumar was sworn in as the Chief Minister of Bihar following the 2025 Assembly elections. For which term did he take the oath of office on this occasion?
a8th term
b9th term
c10th term
d11th term
Answer: C
After the NDA's victory in the November 2025 Bihar Assembly elections, Nitish Kumar took oath as Chief Minister for a record 10th time.
The ancient city of Pataliputra, on the site of present-day Patna, served as the capital of which of the following empires?
aThe Maurya Empire
bThe Chola Empire
cThe Rashtrakuta Empire
dThe Vijayanagara Empire
Answer: A
Pataliputra was the capital of the Maurya Empire and later of the Gupta Empire; Chandragupta Maurya ruled from there with Megasthenes describing the city.
The river that flows through Patna and is the principal river of the Bihar plains is
aThe Yamuna
bThe Ganga
cThe Mahanadi
dThe Godavari
Answer: B
The Ganga flows from west to east through Bihar, with Patna situated on its southern bank; major tributaries in the state include the Gandak, Kosi and Sone.
In a certain code language, 'NODE' is written as 'ONED'. Following the same rule, how will 'TIME' be written in that code?
aITEM
bMEIT
cITME
dTIEM
Answer: C
In 'NODE' to 'ONED' the first two letters are swapped and the last two letters are swapped (N-O to O-N, D-E to E-D); applying this to 'TIME' (T-I to I-T, M-E to E-M) gives 'ITME'.
Janata Dal (United) leader Nitish Kumar was sworn in as the Chief Minister of Bihar in November 2025. This was his oath-taking as Chief Minister for the
a10th time
b9th time
c8th time
d11th time
Answer: A
After the NDA's landslide in the 2025 Bihar Assembly polls, Nitish Kumar took oath at Patna's Gandhi Maidan on 20 November 2025 as Chief Minister for a record 10th time.
In the Union Budget 2025-26 the Union Finance Minister announced the setting up of a 'Makhana Board' specifically to benefit farmers of which State?
aAssam
bWest Bengal
cBihar
dOdisha
Answer: C
Finance Minister Nirmala Sitharaman announced a dedicated Makhana Board in Bihar in the Union Budget 2025-26 to improve production, processing, value addition and marketing of makhana, organising farmers into FPOs.
Bihar is the leading producer of makhana (fox nut) in India, contributing approximately what share of the country's total makhana output?
aAbout 85%
bAbout 50%
cAbout 25%
dAbout 15%
Answer: A
Bihar accounts for roughly 85-90% of India's total makhana production, with the principal growing districts being Madhubani, Darbhanga, Saharsa, Katihar and Purnia.
The Kosi river, notorious for frequently shifting its course and causing devastating floods, is popularly known as
aThe Sorrow of Bengal
bThe Sorrow of Assam
cThe Lifeline of Mithila
dThe Sorrow of Bihar
Answer: D
The Kosi, a major tributary of the Ganga that joins it near Kursela in Katihar district, is called the 'Sorrow of Bihar' because of its recurrent flooding and heavy sediment deposition.
The Champaran Satyagraha of 1917, Mahatma Gandhi's first major civil disobedience movement in India, was launched in Bihar against the oppressive cultivation of
aSugarcane
bOpium
cCotton
dIndigo
Answer: D
The Champaran Satyagraha was directed against the 'tinkathia' system under which peasants were forced by European planters to grow indigo on a portion of their land.
Which of the following pairs of a Bihar town and the river on which it is situated is correctly matched?
aPatna - Sone
bBhagalpur - Ganga
cMuzaffarpur - Kosi
dGaya - Gandak
Answer: B
Bhagalpur is situated on the banks of the Ganga. Patna lies mainly on the Ganga, Muzaffarpur on the Burhi Gandak, and Gaya on the Phalgu (Niranjana) river.
A light year is the distance that light travels in vacuum in one year (about 9.46 trillion km); despite the word 'year', it is a unit of distance, not time.
Which one of the following gases is most responsible for the greenhouse effect that causes global warming?
aOxygen
bCarbon dioxide
cNitrogen
dHydrogen
Answer: B
Carbon dioxide (CO2) is the principal anthropogenic greenhouse gas, trapping heat in the atmosphere; oxygen, nitrogen and hydrogen are not greenhouse gases.
Who assumed office as the 53rd Chief Justice of India in November 2025, succeeding Justice B. R. Gavai?
aJustice Sanjiv Khanna
bJustice Surya Kant
cJustice D. Y. Chandrachud
dJustice Bhushan R. Gavai
Answer: B
Justice Surya Kant took oath as the 53rd Chief Justice of India on 24 November 2025, succeeding Justice B. R. Gavai. His tenure runs until 9 February 2027.
Following the Bihar Legislative Assembly elections of November 2025, who took oath as the Chief Minister of Bihar?
aTejashwi Yadav
bSamrat Choudhary
cVijay Kumar Sinha
dNitish Kumar
Answer: D
Nitish Kumar was sworn in as Chief Minister of Bihar for a record tenth time after the NDA's victory in the November 2025 Assembly elections, with Samrat Choudhary and Vijay Kumar Sinha as Deputy Chief Ministers.
The Nobel Peace Prize for the year 2024 was awarded to Nihon Hidankyo, an organisation associated with which country?
aJapan
bSouth Korea
cNorway
dUnited States of America
Answer: A
The 2024 Nobel Peace Prize was awarded to Nihon Hidankyo, a Japanese grassroots movement of atomic-bomb survivors (Hibakusha), for its efforts towards a world free of nuclear weapons.
Under which Article of the Constitution of India can the President proclaim a Financial Emergency?
aArticle 360
bArticle 356
cArticle 352
dArticle 365
Answer: A
Article 360 empowers the President to declare a Financial Emergency if the financial stability or credit of India is threatened. Article 352 deals with National Emergency and Article 356 with President's Rule in States.
A sum of money becomes Rs. 4,200 in 2 years and Rs. 4,800 in 4 years at simple interest. What is the principal sum?
aRs. 4,000
bRs. 3,000
cRs. 3,900
dRs. 3,600
Answer: D
Interest for 2 years = 4800 - 4200 = Rs. 600, so interest per year = Rs. 300. Interest for 2 years = Rs. 600, hence principal = 4200 - 600 = Rs. 3,600.
Select the word that is most nearly OPPOSITE in meaning to the word 'CANDID'.
aFrank
bEvasive
cHonest
dSincere
Answer: B
'Candid' means open and truthful; its antonym is 'evasive', meaning deliberately vague or avoiding directness. Frank, honest and sincere are synonyms of candid.
Justice Surya Kant assumed office as the Chief Justice of India in November 2025. He is the holder of which serial number in the line of Chief Justices of India?
a53rd
b52nd
c51st
d54th
Answer: A
Justice Surya Kant took oath as the 53rd Chief Justice of India on 24 November 2025, succeeding Justice B.R. Gavai.
The Champaran Satyagraha of 1917, the first application of Gandhian Satyagraha in India, was directed against the exploitation of cultivators under which system?
aThe Permanent Settlement
bThe Mahalwari system
cThe Ryotwari system
dThe Tinkathia system of indigo cultivation
Answer: D
Under the Tinkathia system, peasants in Champaran (Bihar) were compelled to grow indigo on three-twentieths (3/20) of their land; Gandhiji's 1917 campaign secured relief for them.
The House Sparrow was notified as the State Bird of which Indian State to draw attention to its declining population?
aJharkhand
bBihar
cUttar Pradesh
dWest Bengal
Answer: B
Bihar notified the House Sparrow (Passer domesticus) as its State Bird; its State Animal is the Gaur, State Tree the Peepal and State Flower the Marigold.
India won the ICC Champions Trophy in 2025 by defeating which country in the final at Dubai?
aAustralia
bEngland
cNew Zealand
dSouth Africa
Answer: C
India beat New Zealand by four wickets in the final at the Dubai International Cricket Stadium on 9 March 2025, securing a record third Champions Trophy title.
Vardhamana Mahavira, the 24th Tirthankara of Jainism, is traditionally believed to have been born at Kundagrama near which ancient site in present-day Bihar?
aBodh Gaya
bVaishali
cNalanda
dRajgir
Answer: B
Mahavira is traditionally held to have been born at Kundagrama (Kundalpur), associated with Vaishali in present-day Bihar.
The 73rd Constitutional Amendment Act, which gave constitutional status to Panchayati Raj institutions, added which Part and Schedule to the Constitution of India?
aPart VIII and the Tenth Schedule
bPart IXA and the Twelfth Schedule
cPart IX and the Eleventh Schedule
dPart X and the Ninth Schedule
Answer: C
The 73rd Amendment Act, 1992 inserted Part IX (The Panchayats) and the Eleventh Schedule listing 29 subjects for panchayats.
In the Union Budget 2025-26, the Government announced the setting up of a 'Makhana Board' to promote its production and marketing in which State?
aWest Bengal
bBihar
cAssam
dOdisha
Answer: B
The Union Budget 2025-26 proposed a Makhana Board in Bihar to support production, processing, value addition and marketing of makhana (foxnut), of which Bihar is the largest producer.
The Nobel Peace Prize for 2025 was awarded to which person for promoting democratic rights in Venezuela?
aNadia Murad
bMaria Ressa
cMaria Corina Machado
dNarges Mohammadi
Answer: C
The 2025 Nobel Peace Prize was awarded to Venezuelan opposition leader Maria Corina Machado for her work promoting democratic rights and a peaceful transition to democracy.
The Champaran Satyagraha of 1917, led by Mahatma Gandhi in Bihar, was directed against the exploitation of cultivators growing which crop?
aIndigo
bSugarcane
cCotton
dOpium
Answer: A
The Champaran Satyagraha was Gandhi's first major movement in India, against the tinkathia system that forced peasants to grow indigo for European planters.
On which date every year is 'Bihar Diwas' celebrated to mark the carving out of the separate Province of Bihar and Orissa from the Bengal Presidency in 1912?
a1 March
b26 January
c15 August
d22 March
Answer: D
Bihar Diwas is observed on 22 March, commemorating the day in 1912 when the Province of Bihar and Orissa was separated from the Bengal Presidency. It is a public holiday across the state.
In which year was the 'Archaeological Site of Nalanda Mahavihara' in Bihar inscribed on the UNESCO World Heritage List?
a2002
b2016
c2010
d2021
Answer: B
The excavated remains of the ancient Nalanda Mahavihara were inscribed as a UNESCO World Heritage Site on 15 July 2016. It is one of the world's earliest residential universities.
In the 2025 Bihar Legislative Assembly election, who took oath as Chief Minister of Bihar following the NDA's victory?
aTejashwi Yadav
bSamrat Choudhary
cLalu Prasad Yadav
dNitish Kumar
Answer: D
After the NDA's landslide in the November 2025 Bihar Assembly election, JD(U) leader Nitish Kumar was sworn in as Chief Minister for the tenth time at Gandhi Maidan, Patna.
The 'Champaran Satyagraha' of 1917, the first civil disobedience movement launched by Mahatma Gandhi in India, was directed against the exploitative cultivation system imposed on peasants for growing which crop?
aIndigo
bCotton
cJute
dOpium
Answer: A
In Champaran (Bihar), European planters forced peasants to grow indigo under the oppressive tinkathia system. Gandhi's 1917 satyagraha there was his first major mass movement on Indian soil.
Which river, known as the 'Sorrow of Bihar' owing to its frequent and devastating floods and shifting course, is a major left-bank tributary of the Ganga?
aKosi
bGandak
cSon
dBagmati
Answer: A
The Kosi River is called the 'Sorrow of Bihar' because of its repeated catastrophic floods and tendency to change course across the plains. It joins the Ganga in northern Bihar.
Patna, the capital of Bihar, was known by which name when it served as the capital of the Mauryan and Gupta empires in ancient times?
aPataliputra
bVaishali
cRajgir
dKapilavastu
Answer: A
Ancient Patna was Pataliputra, the imperial capital under the Mauryas (including Chandragupta and Ashoka) and later the Guptas. Chandragupta Maurya founded the empire from there.
Vaishali in Bihar is historically significant as it is regarded as one of the world's earliest examples of which form of governance?
aAbsolute monarchy
bTheocracy
cA republic (gana-sangha)
dMilitary dictatorship
Answer: C
Vaishali, capital of the Licchavis, is often cited as one of the earliest republics (gana-sangha) in the world, where decisions were taken by an assembly rather than a single ruler.
Under the Constitution of India, which Article empowers the President to declare a 'financial emergency' if the financial stability or credit of India is threatened?
aArticle 352
bArticle 356
cArticle 365
dArticle 360
Answer: D
Article 360 provides for the proclamation of a financial emergency. Article 352 deals with national emergency and Article 356 with President's Rule in a state.
Which vitamin, synthesised in human skin on exposure to sunlight, is essential for the absorption of calcium and the prevention of rickets?
aVitamin A
bVitamin D
cVitamin C
dVitamin K
Answer: B
Vitamin D is produced in the skin under ultraviolet sunlight and is needed for calcium absorption; its deficiency causes rickets in children. Vitamin C deficiency causes scurvy.
Which Indian state's legislature is bicameral, having both a Vidhan Sabha and a Vidhan Parishad, as is the case in Bihar?
aJharkhand
bChhattisgarh
cWest Bengal
dUttar Pradesh
Answer: D
Bihar and Uttar Pradesh are among the few states with a bicameral legislature (Legislative Assembly plus Legislative Council); Jharkhand, West Bengal and Chhattisgarh are unicameral.
The chemical that is commonly used for the artificial ripening of fruits such as mangoes and bananas is
aMethane
bEthylene (acetylene from calcium carbide)
cCarbon monoxide
dNitrogen dioxide
Answer: B
Ethylene is the natural ripening hormone; traders often use calcium carbide, which releases acetylene that mimics ethylene, to ripen fruits artificially.
Who took oath as the Chief Minister of Bihar in November 2025, becoming the longest-serving head of the state's government to be sworn in for a record number of terms?
aTejashwi Yadav
bVijay Kumar Sinha
cSamrat Choudhary
dNitish Kumar
Answer: D
After the NDA's landslide win (202 of 243 seats) in the 2025 Bihar Assembly elections, Nitish Kumar took oath as Chief Minister at Gandhi Maidan, Patna, for a record tenth time.
The 2025 Nobel Peace Prize was awarded to Maria Corina Machado for her work promoting democratic rights in which country?
aCuba
bBolivia
cNicaragua
dVenezuela
Answer: D
Venezuelan opposition leader Maria Corina Machado received the 2025 Nobel Peace Prize for her struggle for a just and peaceful transition from dictatorship to democracy in Venezuela.
The ancient university of Nalanda, whose ruins are a UNESCO World Heritage Site, is located in which present-day state of India?
aUttar Pradesh
bWest Bengal
cBihar
dJharkhand
Answer: C
The Mahavihara at Nalanda, a great centre of learning founded in the Gupta period, lies in the Nalanda district of Bihar and was inscribed as a UNESCO World Heritage Site in 2016.
Under the Code of Civil Procedure, 1908, the grounds on which a foreign judgment shall NOT be conclusive between the parties are enumerated in
aSection 15
bSection 14
cSection 44A
dSection 13
Answer: D
Section 13 CPC lists six situations (such as want of jurisdiction, judgment not on merits, breach of natural justice, fraud, etc.) in which a foreign judgment is not conclusive.
A suit for the recovery of immovable property situate within the local limits of the jurisdiction of one court is, as a general rule, to be instituted in the court within whose local limits the property is situate. This rule is contained in
aSection 15
bSection 19
cSection 16
dSection 20
Answer: C
Section 16 CPC requires suits relating to immovable property (recovery, partition, foreclosure, sale, redemption, determination of right or interest, etc.) to be instituted where the property is situate.
No suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity until the expiration of a notice. The period of such notice and the section providing for it are
aOne month — Section 79
bThree months — Section 80
cTwo months — Section 80
dTwo months — Section 81
Answer: C
Section 80 CPC requires a written notice and bars institution of the suit against the Government or a public officer until the expiry of two months after delivery of such notice.
Where it appears to the court that there exist elements of a settlement which may be acceptable to the parties, the court may formulate the terms and refer the dispute for arbitration, conciliation, judicial settlement including settlement through Lok Adalat, or mediation. This power is conferred by
aSection 88
bSection 89
cSection 90
dSection 94
Answer: B
Section 89 CPC empowers the court to refer disputes for settlement outside court through arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation.
An appeal from every decree passed by any court exercising original jurisdiction lies to the court authorised to hear appeals; but no appeal lies from a decree passed by the court with the consent of parties. The latter prohibition is contained in
aSection 96(1)
bSection 100
cSection 97
dSection 96(3)
Answer: D
Section 96(3) CPC bars any appeal from a decree passed by the court with the consent of parties.
The High Court may call for the record of any case decided by a subordinate court in which no appeal lies and pass orders where the subordinate court appears to have exercised a jurisdiction not vested in it, or failed to exercise a jurisdiction so vested, or acted illegally or with material irregularity. This revisional power is conferred by
aSection 113
bSection 114
cSection 100A
dSection 115
Answer: D
Section 115 CPC confers revisional jurisdiction on the High Court to correct jurisdictional errors of subordinate courts in cases where no appeal lies.
Where and in so far as a decree is varied or reversed in appeal, the court of first instance shall, on the application of any party entitled to a benefit by way of restitution, cause such restitution to be made as will place the parties in the position which they would have occupied but for such decree. This provision is
aSection 152
bSection 151
cSection 144
dSection 148
Answer: C
Section 144 CPC provides for restitution to place parties in the position they would have occupied but for a decree that is subsequently varied or reversed.
The provision in the Code of Civil Procedure, 1908 which saves the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court is
aSection 151
bSection 149
cSection 148
dSection 153
Answer: A
Section 151 CPC preserves the inherent powers of the court to make orders necessary for the ends of justice or to prevent abuse of the process of the court.
A person who apprehends that a suit or proceeding is going to be instituted against him may lodge a caveat in the court. Such caveat, unless an application is made before its expiry, shall not remain in force after the expiry of
a90 days
b60 days
c30 days
d120 days
Answer: A
Under Section 148A CPC a caveat does not remain in force after ninety days from the date on which it was lodged unless an application is made before that period expires.
A defendant is required to present a written statement of his defence within thirty days from the date of service of summons; the court may, for reasons to be recorded, allow it to be filed on a later day, not later than
a60 days from service of summons
b120 days from service of summons
c90 days from service of summons
dsix months from service of summons
Answer: C
Order VIII Rule 1 CPC permits filing of the written statement beyond thirty days for recorded reasons, but in an ordinary suit not later than ninety days from the date of service of summons.
The court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, where such amendment is necessary for determining the real questions in controversy. The provision dealing with amendment of pleadings is
aOrder VII Rule 11
bOrder VI Rule 17
cOrder I Rule 10
dOrder VIII Rule 9
Answer: B
Order VI Rule 17 CPC empowers the court to allow amendment of pleadings at any stage where necessary to determine the real questions in controversy.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer may arrest a person without a warrant when that person commits a cognizable offence in the presence of such officer. Which provision embodies this power?
aSection 39
bSection 41(1)(a)
cSection 35(1)(a)
dSection 43
Answer: C
Section 35(1)(a) of the BNSS empowers a police officer to arrest without a warrant any person who commits a cognizable offence in the presence of such officer. It corresponds to the former Section 41(1)(a) of the CrPC.
Where the offence alleged is punishable with imprisonment of less than three years and the person to be arrested is infirm or above sixty years of age, the BNSS bars arrest without the prior permission of an officer not below which rank?
aSub-Inspector of Police
bInspector of Police
cSuperintendent of Police
dDeputy Superintendent of Police
Answer: D
Section 35(7) of the BNSS introduces a fresh safeguard: for offences punishable with less than three years, an infirm person or one above sixty years cannot be arrested without prior permission of an officer not below the rank of Deputy Superintendent of Police.
The concept of a 'Zero FIR'—registration of information relating to a cognizable offence irrespective of the area where the offence is committed—is statutorily recognised under which section of the BNSS?
aSection 154
bSection 173
cSection 175
dSection 176
Answer: B
Section 173 of the BNSS deals with information in cognizable cases and statutorily recognises the Zero FIR, mandating registration irrespective of jurisdiction. It corresponds to Section 154 of the old CrPC.
Anticipatory bail—a direction for grant of bail to a person apprehending arrest on accusation of a non-bailable offence—is now governed by which provision of the BNSS?
aSection 438
bSection 480
cSection 482
dSection 483
Answer: C
Section 482 of the BNSS confers power on the High Court or Court of Session to grant anticipatory bail. It replaces Section 438 of the CrPC.
Under the BNSS, a Judicial Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding—
athree years
btwo years
cone year
dfive years
Answer: A
Section 23 of the BNSS enhances the sentencing power of a Judicial Magistrate of the first class to imprisonment up to three years and a fine up to fifty thousand rupees, an increase over the CrPC limit of three years imprisonment but a higher fine ceiling.
Section 187 of the BNSS prescribes the maximum period of detention beyond which an accused acquires the right to default bail. For an offence punishable with death, imprisonment for life, or imprisonment for a term of ten years or more, that period is—
a60 days
b75 days
c180 days
d90 days
Answer: D
Under Section 187 of the BNSS, the maximum period of police-authorised detention is 90 days for offences punishable with death, life imprisonment, or imprisonment of ten years or more, and 60 days for other offences; on expiry the accused is entitled to default bail.
Under Section 479 of the BNSS, a first-time offender (with no previous conviction) is entitled to release on bond once he has undergone detention up to what fraction of the maximum period of imprisonment specified for the offence?
aone-half
bone-third
cone-fourth
dtwo-thirds
Answer: B
The first proviso to Section 479 of the BNSS provides that a first-time offender shall be released on bond by the court after undergoing detention up to one-third of the maximum period of imprisonment specified for the offence, as against one-half for other undertrials.
A novel feature of the BNSS is the mandatory audio-video recording of the process of search and seizure by the police officer conducting it. This requirement is contained in—
aSection 103
bSection 185
cSection 165
dSection 105
Answer: D
Section 105 of the BNSS makes it mandatory to record through audio-video electronic means the process of conducting a search and preparing the list of seized items, and to forward the recording to the Magistrate.
Inquiry, trial or judgment in absentia of a proclaimed offender who has absconded to evade trial, with no immediate prospect of arrest, is a new procedure introduced by the BNSS under—
aSection 339
bSection 356
cSection 299
dSection 84
Answer: B
Section 356 of the BNSS introduces trial in absentia, permitting the court to proceed with inquiry, trial or judgment against a proclaimed offender who has absconded and cannot soon be arrested. The CrPC had no equivalent general provision.
Under the BNSS, every State Government is statutorily mandated to prepare and notify a Witness Protection Scheme. This obligation is laid down in—
aSection 357
bSection 396
cSection 398
dSection 195A
Answer: C
Section 398 of the BNSS, a new provision, casts a statutory duty on every State Government to prepare and notify a Witness Protection Scheme for the protection of witnesses.
The BNSS provides a statutory framework for a mercy petition by a convict under sentence of death, prescribing a thirty-day window to file it after the prescribed intimation by the jail Superintendent. This provision is—
aSection 432
bSection 474
cSection 473
dSection 472
Answer: D
Section 472 of the BNSS, a new provision, codifies the procedure for filing a mercy petition before the President under Article 72 or the Governor under Article 161 within thirty days of the relevant intimation by the jail Superintendent.
Under the BNSS, on completion of investigation the police report (charge-sheet) is forwarded to the Magistrate under which section?
aSection 173
bSection 193
cSection 190
dSection 200
Answer: B
Section 193 of the BNSS governs the report of a police officer on completion of investigation, i.e. the charge-sheet, corresponding to Section 173 of the CrPC.
The Supreme Court has recently held that for offences punishable with imprisonment up to seven years, issuance of notice rather than arrest is the rule. The notice directing the accused to appear before the police officer is issued under—
aSection 35(3) of the BNSS
bSection 41A of the CrPC
cSection 41(1)(b) of the BNSS
dSection 50 of the BNSS
Answer: A
Section 35(3) of the BNSS (successor to Section 41A CrPC) requires a notice of appearance where arrest is not necessary for offences up to seven years; the Supreme Court has held that such notice is the rule and arrest the exception.
An application for regular bail by a person arrested or detained without warrant for a non-bailable offence, before any court other than the High Court or Court of Session, is governed under the BNSS by—
aSection 437
bSection 483
cSection 482
dSection 480
Answer: D
Section 480 of the BNSS governs the grant of bail in non-bailable cases by a court other than the High Court or Court of Session. It corresponds to Section 437 of the CrPC.
Under the BNSS, the court may, after framing charge, postpone or adjourn proceedings, but the power to grant adjournments is curbed. In an inquiry or trial relating to certain sexual offences under the Bharatiya Nyaya Sanhita, the trial must ordinarily be completed within what period from the date of filing of the charge-sheet?
atwo months
bone month
cthree months
dsix months
Answer: A
Under Section 346 of the BNSS, where the inquiry or trial relates to specified sexual offences under the BNS, it shall be completed within two months from the date of filing of the charge-sheet.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the inherent powers of the High Court to prevent abuse of the process of any court or to secure the ends of justice are saved by
aSection 482
bSection 401
cSection 438
dSection 528
Answer: D
Section 528 of the BNSS preserves the inherent powers of the High Court, corresponding to the erstwhile Section 482 CrPC.
Information relating to the commission of a cognizable offence may, irrespective of the area where the offence is committed, be registered at any police station (the so-called 'Zero FIR'). This is now statutorily recognised under which section of the BNSS, 2023?
aSection 154
bSection 173
cSection 175
dSection 190
Answer: B
Section 173 BNSS codifies the registration of an FIR irrespective of jurisdiction (Zero FIR) and also permits information by electronic communication.
Under the BNSS, 2023, the total period of police custody of an accused that may be granted is
anot exceeding 7 days
bnot exceeding 10 days
cnot exceeding 15 days, which may be sought in parts within the first 40 or 60 days of detention
dnot exceeding 30 days at one stretch
Answer: C
Under Section 187 BNSS the maximum police custody remains 15 days, but it may now be availed in instalments within the first 40 or 60 days of the total 60/90 day detention period.
Where the offence is punishable with imprisonment of less than three years and the person to be arrested is infirm or is above sixty years of age, under Section 35(7) of the BNSS, 2023 arrest shall be made only with the prior permission of an officer not below the rank of
aDeputy Superintendent of Police
bInspector of Police
cSub-Inspector of Police
dSuperintendent of Police
Answer: A
Section 35(7) BNSS bars arrest of an infirm person or one above sixty years for an offence punishable with less than three years' imprisonment without the prior permission of an officer not below the rank of Deputy Superintendent of Police.
Under the BNSS, 2023, the visit of a forensic expert to the scene of crime to collect forensic evidence is made mandatory in respect of offences punishable with imprisonment for a term of
athree years or more
bseven years or more
cfive years or more
dten years or more
Answer: B
Section 176(3) BNSS requires forensic experts to visit the crime scene and video-record the process for offences punishable with imprisonment of seven years or more.
A convict under sentence of death may file a mercy petition before the Governor or the President under Section 472 of the BNSS, 2023 within how many days from the date the Superintendent of jail informs him of the dismissal of his appeal or the confirmation of the death sentence?
afifteen days
bninety days
csixty days
dthirty days
Answer: D
Section 472 BNSS prescribes a thirty-day period from intimation by the jail Superintendent for filing a mercy petition; a petition to the President after the Governor's rejection must be made within sixty days.
The recording of the entire process of search and seizure, including the preparation and signing of the seizure list, through audio-video electronic means is mandated under which section of the BNSS, 2023?
aSection 100
bSection 105
cSection 103
dSection 185
Answer: B
Section 105 BNSS is a new provision requiring search and seizure to be recorded through audio-video electronic means, preferably a mobile phone, and forwarded to the Magistrate.
Under the BNSS, 2023, a Court of Session or Magistrate may proceed with the trial of a proclaimed offender in his absence (trial in absentia) where he has absconded to evade trial and there is no immediate prospect of arresting him. This new provision is contained in
aSection 299
bSection 339
cSection 366
dSection 356
Answer: D
Section 356 BNSS introduces trial in absentia of a proclaimed offender who has absconded to evade trial with no immediate prospect of arrest.
Under Section 230 of the BNSS, 2023, in a case instituted on a police report the Magistrate must furnish the accused free of cost with copies of the police report and other documents within
aseven days from the date of production of the accused
bfourteen days from the date of production or appearance of the accused
cthirty days from the date of cognizance
dsixty days from the filing of the report
Answer: B
Section 230 BNSS fixes a fourteen-day timeline for supply of the police report, FIR, statements and other documents to the accused (and victim, if represented).
Under the BNSS, 2023, in a complaint case the Magistrate, before taking cognizance of an offence against a proposed accused, must give the accused an opportunity of being heard. This safeguard, absent under the old Section 200 CrPC, appears in the proviso to
aSection 210
bSection 246
cSection 227
dSection 223
Answer: D
The proviso to Section 223(1) BNSS requires the Magistrate to give the proposed accused an opportunity of being heard before taking cognizance on a complaint.
Withdrawal from prosecution by the Public Prosecutor, with the consent of the Court and after hearing the victim, is provided for under which section of the BNSS, 2023?
aSection 321
bSection 360
cSection 385
dSection 401
Answer: B
Section 360 BNSS governs withdrawal from prosecution and additionally requires the victim to be given an opportunity of being heard before withdrawal is permitted.
Under the BNSS, 2023, after a police report is filed, further investigation may be carried out and ordinarily must be completed within ninety days, any extension requiring the permission of the
aSuperintendent of Police
bDirector of Prosecution
cState Government
dCourt
Answer: D
Under Section 193(9) BNSS, further investigation after the report is to be completed within ninety days, and any extension beyond that requires the permission of the Court.
Where an accused is investigated for an offence punishable with imprisonment up to seven years, the Supreme Court has held that issuance of a notice of appearance under Section 35(3) of the BNSS, 2023 is
apurely discretionary, arrest being the normal course
bnecessary only after sanction is obtained
crequired only where the accused is a woman
dthe rule, while arrest is the exception
Answer: D
The Supreme Court has reiterated that under Section 35(3) BNSS, for offences punishable up to seven years, issuing a notice is the rule and arrest the exception.
Under Section 187 of the BNSS, 2023, an accused acquires an indefeasible right to default bail where the investigation is not completed and the report is not filed within sixty days, in the case of an offence punishable with imprisonment
afor any term, irrespective of its length
bfor ten years or more, life imprisonment or death
cfor life imprisonment or death only
dfor a term less than ten years
Answer: D
Under Section 187(3) BNSS the default-bail period is ninety days for offences punishable with death, life imprisonment or imprisonment of ten years or more, and sixty days for all other (lesser) offences.
The maxim that the law of equity refuses relief to a person who has himself acted unfairly in the matter is expressed as
aHe who comes to equity must come with clean hands
bEquity follows the law
cEquity is equality
dEquity acts in personam
Answer: A
The maxim 'He who comes to equity must come with clean hands' denies equitable relief to a claimant whose own conduct in the transaction has been tainted with fraud or unfairness.
The maxim 'Delay defeats equity' is also expressed as
aEquity regards as done that which ought to be done
bEquity looks to the intent rather than the form
cEquity aids the vigilant and not the indolent
dWhere the equities are equal, the law prevails
Answer: C
The doctrine of laches is captured by the maxim 'Vigilantibus non dormientibus jura subveniunt' — equity aids the vigilant and not those who sleep over their rights.
The definition of 'trust' in the Indian Trusts Act, 1882 is contained in
aSection 3
bSection 4
cSection 6
dSection 5
Answer: A
Section 3 of the Indian Trusts Act, 1882 is the interpretation clause defining 'trust', 'author of the trust', 'trustee', 'beneficiary' and 'trust-property'.
Under Section 3 of the Indian Trusts Act, 1882, the person who reposes or declares the confidence is called
aThe beneficiary
bThe trustee
cThe author of the trust
dThe cestui que trust
Answer: C
Section 3 provides that the person who reposes or declares the confidence is the 'author of the trust', the person who accepts it is the 'trustee', and the person for whose benefit it is accepted is the 'beneficiary'.
Under the Indian Trusts Act, 1882, the subject-matter of a trust is called
aTrust-property
bTrust-money
cTrust-corpus
dTrust-fund
Answer: A
Section 3 defines the subject-matter of the trust as 'trust-property' or 'trust-money', and the breach of any duty imposed on the trustee as a 'breach of trust'.
Which one of the following is NOT one of the three certainties required for the creation of a valid private trust?
aCertainty of subject-matter
bCertainty of intention to create a trust
cCertainty of consideration
dCertainty of object (beneficiary)
Answer: C
A valid trust requires the three certainties — of intention, of subject-matter and of object; consideration is not an essential requirement for the creation of a trust.
Under the Indian Trusts Act, 1882, a trust is extinguished when its purpose becomes unlawful. This is provided in
aSection 73
bSection 78
cSection 56
dSection 77
Answer: D
Section 77 lists the grounds on which a trust is extinguished — when its purpose is fulfilled, becomes unlawful, becomes impossible of fulfilment, or the trust being revocable is expressly revoked.
Revocation of a trust under the Indian Trusts Act, 1882 is governed by
aSection 77
bSection 78
cSection 60
dSection 79
Answer: B
Section 78 provides for revocation of a trust; a trust created by will may be revoked at the pleasure of the testator, while a trust otherwise created can be revoked only on the grounds stated in that section.
Under Section 78 of the Indian Trusts Act, 1882, a trust created by will may be revoked
aOnly with the consent of all beneficiaries
bAt the pleasure of the testator
cOnly by leave of the Court
dIt cannot be revoked once created
Answer: B
Section 78 expressly provides that a trust created by will may be revoked at the pleasure of the testator, since a will is itself ambulatory until death.
By virtue of Section 1 of the Indian Trusts Act, 1882, the Act does not affect the rules of
aMuhammadan law as to waqf
bHindu law as to joint family property
cThe law of contract
dThe law of registration
Answer: A
The saving clause in Section 1 provides that nothing in the Act affects the rules of Muhammadan law as to waqf, nor applies to public or private religious or charitable endowments.
Specific performance of a contract is a remedy granted under
aThe Transfer of Property Act, 1882
bThe Indian Contract Act, 1872
cThe Specific Relief Act, 1963
dThe Indian Trusts Act, 1882
Answer: C
Specific performance, being an equitable remedy now codified in India, is governed by the Specific Relief Act, 1963, which replaced the earlier Specific Relief Act of 1877.
The Specific Relief Act, 1963 repealed the earlier
aSpecific Relief Act, 1877
bSpecific Relief Act, 1872
cSpecific Relief Act, 1882
dSpecific Relief Act, 1908
Answer: A
The Specific Relief Act, 1963, enacted on the recommendation of the Law Commission's 9th Report, repealed and replaced the colonial Specific Relief Act of 1877.
Contracts which are not specifically enforceable are enumerated in the Specific Relief Act, 1963 under
aSection 20
bSection 10
cSection 16
dSection 14
Answer: D
Section 14 of the Specific Relief Act, 1963 lists the contracts which cannot be specifically enforced, such as those involving continuous duty the court cannot supervise or those dependent on personal qualifications.
An equitable remedy such as injunction or specific performance, being discretionary, means that the plaintiff
aCan claim it only after exhausting damages
bCan claim it as an absolute right
cMust always be granted it once the contract is proved
dCannot claim it as a matter of right
Answer: D
Equitable reliefs are granted at the discretion of the court guided by settled principles; they cannot be demanded as a matter of right unlike common law damages.
Under Section 3 of the Indian Trusts Act, 1882, a 'trust' is best described as
aa transfer of ownership of property to another person absolutely
ba gift of property made by the author to the beneficiary directly
ca contract between the author and the trustee enforceable as an agreement
dan obligation annexed to the ownership of property and arising out of a confidence reposed in and accepted by the owner for the benefit of another
Answer: D
Section 3 of the Indian Trusts Act, 1882 defines a trust as an obligation annexed to the ownership of property, arising out of a confidence reposed in and accepted by the owner, for the benefit of another, or of another and the owner. It is not a contract or an outright transfer.
Under Section 6 of the Indian Trusts Act, 1882, which of the following is NOT one of the matters that the author of the trust must indicate with reasonable certainty for a valid trust to be created?
aAn intention to create a trust
bThe purpose of the trust
cThe market value of the trust property
dThe beneficiary and the trust property
Answer: C
Section 6 requires the author to indicate with reasonable certainty an intention to create the trust, its purpose, the beneficiary and the trust property (and to transfer the property to the trustee, unless declared by will or where the author is himself the trustee). The market value need not be indicated.
Under Section 7 of the Indian Trusts Act, 1882, a trust may be created by
aany person, whether or not competent to contract
bany major, but never on behalf of a minor
conly a person who has attained the age of twenty-one years
devery person competent to contract, and with the permission of a principal Civil Court of original jurisdiction, by or on behalf of a minor
Answer: D
Section 7 provides that a trust may be created by every person competent to contract, and, with the permission of a principal Civil Court of original jurisdiction, by or on behalf of a minor.
Under Section 10 of the Indian Trusts Act, 1882, a minor may be a trustee but he cannot execute the trust where
athe trust involves the exercise of a discretion, unless he is competent to contract
bthe trust property is immovable
cthere is more than one beneficiary
dthe trust is created by will
Answer: A
Section 10 states that every person capable of holding property may be a trustee, but where the trust involves the exercise of a discretion he cannot execute it unless he is competent to contract; a minor, not being competent to contract, cannot exercise such discretion.
Under the Indian Trusts Act, 1882, where a trustee commits a breach of trust, his liability under Section 23 is to
abe punished with imprisonment only
bpay a fixed statutory penalty regardless of the actual loss
cforfeit his entire personal estate to the State
dmake good the loss which the trust property or the beneficiary has thereby sustained
Answer: D
Section 23 makes a trustee who commits a breach of trust liable to make good the loss which the trust property or the beneficiary has thereby sustained, subject to the saving where the beneficiary has induced, concurred in or acquiesced in the breach.
The rule that a trustee cannot use or deal with the trust property for his own profit or for any other purpose unconnected with the trust is contained in which section of the Indian Trusts Act, 1882?
aSection 11
bSection 51
cSection 23
dSection 88
Answer: B
Section 51 of the Indian Trusts Act, 1882 embodies the equitable rule against self-dealing, providing that a trustee may not use or deal with the trust property for his own profit or for any other purpose unconnected with the trust.
Where a person bound in a fiduciary character to protect the interests of another, by availing himself of that character, gains for himself a pecuniary advantage, Section 88 of the Indian Trusts Act, 1882 requires him to
aretain the advantage as his absolute property
bdivide the advantage equally with that person
chold the advantage so gained for the benefit of the person whose interests he was bound to protect
dpay the advantage into the public treasury
Answer: C
Section 88 gives effect to the equitable principle behind constructive trusts: a trustee, agent, partner, director, legal adviser or other fiduciary who gains a pecuniary advantage by availing himself of his character must hold that advantage for the benefit of the person whose interests he was bound to protect.
Under Section 4 of the Indian Trusts Act, 1882, a trust is valid only if its purpose is
aapproved in advance by the Civil Court in every case
blawful
cregistered with the Registrar of Trusts
dreduced to writing and attested by two witnesses in every case
Answer: B
Section 4 provides that a trust may be created for any lawful purpose, and explains when a purpose is unlawful (e.g. forbidden by law, fraudulent, or opposed to public policy). A trust whose purpose is unlawful is void.
The equitable maxim 'Vigilantibus non dormientibus aequitas subvenit' (equity aids the vigilant, not those who sleep on their rights) is the foundation of the
adoctrine of part performance
bdoctrine of election
cdoctrine of laches
ddoctrine of marshalling
Answer: C
This maxim underlies the doctrine of laches, by which equity refuses relief to a claimant who has unreasonably delayed in asserting his rights, even where a statutory limitation period has not expired.
The maxim 'He who seeks equity must do equity' principally requires that
athe plaintiff must have approached the court with clean hands in the past
bthe party seeking an equitable remedy must himself be willing to do what is right and fair towards the defendant
cthe court must always prefer equity over the text of statute law
dequitable relief can be claimed only after exhausting all legal remedies
Answer: B
This maxim looks to the future conduct of the plaintiff: a claimant asking for equitable relief must himself be prepared to fulfil his own equitable obligations towards the defendant. ('He who comes to equity must come with clean hands' is the distinct maxim concerned with past conduct.)
The maxim 'Equity acts in personam' signifies that
aequitable decrees operate against the property itself and bind the whole world
bequity can be administered only by the legislature and not by courts
cequity creates rights that are enforceable only by criminal proceedings
dequitable jurisdiction is exercised against the person of the defendant, who is commanded to act conscientiously
Answer: D
'Equity acts in personam' means that the Court of Chancery enforced its decrees against the person of the defendant (by orders such as injunctions or specific performance backed by contempt), rather than directly against the res. It is one of the foundational maxims of equity.
Under Section 14 of the Specific Relief Act, 1963, a contract which is in its nature determinable
acan be specifically enforced only with the leave of the High Court
bmust always be specifically enforced
ccannot be specifically enforced
dcan be specifically enforced only against a company
Answer: C
Section 14 of the Specific Relief Act, 1963 lists contracts that cannot be specifically enforced, including a contract which is in its nature determinable (i.e. terminable at the will of a party). For such contracts the remedy lies in compensation, not specific performance.
Under the Specific Relief Act, 1963, a contract the performance of which involves the performance of a continuous duty which the court cannot supervise
acannot be specifically enforced under Section 14
bis specifically enforceable as a matter of right
ccan be enforced only by way of a mandatory injunction under Section 39
dis void ab initio
Answer: A
Section 14 of the Specific Relief Act, 1963 bars specific performance of a contract whose performance involves a continuous duty which the court cannot supervise, reflecting the equitable reluctance to make decrees requiring constant supervision.
Under Section 41 of the Specific Relief Act, 1963, an injunction cannot be granted to restrain a person from prosecuting a judicial proceeding pending at the institution of the suit, EXCEPT where
athe plaintiff offers to pay the defendant's costs
bthe defendant consents in writing
cthe pending proceeding is before a criminal court
dsuch restraint is necessary to prevent a multiplicity of proceedings
Answer: D
Section 41(b) of the Specific Relief Act, 1963 prohibits an injunction to restrain a person from prosecuting a judicial proceeding pending at the institution of the suit, unless such restraint is necessary to prevent a multiplicity of proceedings.
Which of the following persons is NOT essential to the creation of a private trust under the Indian Trusts Act, 1882?
aThe author (settlor) of the trust
bThe trustee
cThe beneficiary
dA legal representative of the author
Answer: D
The three essential parties to a trust are the author (settlor), the trustee and the beneficiary, together with the trust property. A legal representative of the author is not a necessary party to the creation of the trust.
Under Section 3(f) of the Hindu Marriage Act, 1955, the sapinda relationship in the line of ascent through the mother extends up to which generation (inclusive), counting the person concerned as the first generation?
aSecond generation
bFourth generation
cThird generation
dFifth generation
Answer: C
Section 3(f)(ii) provides that sapinda relationship extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) through the father, the person concerned being counted as the first generation.
A marriage solemnised in contravention of which of the following clauses of Section 5 of the Hindu Marriage Act, 1955 renders the marriage void under Section 11?
aClauses (i), (iv) and (v)
bClauses (ii) and (iii) only
cClause (iii) only
dAll five clauses
Answer: A
Section 11 declares a marriage void only if it contravenes clauses (i) [bigamy], (iv) [prohibited degrees] or (v) [sapinda] of Section 5; breach of (ii) or (iii) does not make the marriage void.
Under Section 7 of the Hindu Marriage Act, 1955, where the customary rites include the saptapadi, the marriage becomes complete and binding when:
aThe seventh step around the sacred fire is taken
bThe kanyadan ceremony is performed
cThe bride is given away by her father
dThe marriage is registered
Answer: A
Under Section 7(2), where the saptapadi is included in the rites, the marriage becomes complete and binding when the seventh step is taken jointly before the sacred fire.
The provision for restitution of conjugal rights under the Hindu Marriage Act, 1955 is contained in:
aSection 10
bSection 9
cSection 12
dSection 13
Answer: B
Section 9 of the Hindu Marriage Act provides the remedy of restitution of conjugal rights where either spouse has, without reasonable excuse, withdrawn from the society of the other.
Under Section 13B of the Hindu Marriage Act, 1955, a petition for divorce by mutual consent can be presented only if the parties have been living separately for a period of:
aOne year or more
bSix months or more
cTwo years or more
dThree years or more
Answer: A
Section 13B(1) requires that the parties have been living separately for a period of one year or more before presenting a joint petition for divorce by mutual consent.
In Sarla Mudgal v. Union of India (1995), the Supreme Court held that a Hindu husband who converts to Islam and contracts a second marriage during the subsistence of his first Hindu marriage:
aHas validly dissolved the first marriage by conversion
bIs guilty of bigamy and the second marriage is void
cIs governed wholly by Muslim personal law thereafter
dCommits no offence as conversion ends Hindu law
Answer: B
The Court held that the first marriage continues to be governed by Hindu law, conversion does not dissolve it, the second marriage is void, and the husband is liable for bigamy under Section 494 IPC.
After the Hindu Succession (Amendment) Act, 2005, the daughter of a coparcener in a Mitakshara joint Hindu family:
aBecomes a coparcener by birth in her own right, as a son
bAcquires only a right of residence
cBecomes a coparcener only if unmarried
dHas no interest in coparcenary property
Answer: A
Amended Section 6 of the Hindu Succession Act, 1956 makes the daughter a coparcener by birth in her own right in the same manner as a son, with the same rights and liabilities in coparcenary property.
In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court held that a daughter's coparcenary right under the amended Section 6 of the Hindu Succession Act:
aExists only if the father was alive on 9 September 2005
bApplies only to marriages after 2005
cArises by birth, irrespective of whether the father was alive on 9 September 2005
dIs available only to the eldest daughter
Answer: C
The three-judge Bench held that the daughter's right is by birth and it is not necessary that the father coparcener be living on 9 September 2005, overruling Prakash v. Phulavati on this point.
Under Section 8 of the Hindu Succession Act, 1956, the property of a male Hindu dying intestate devolves first upon:
aThe heirs specified in Class I of the Schedule
bThe cognates of the deceased
cThe agnates of the deceased
dThe heirs specified in Class II of the Schedule
Answer: A
Section 8 provides that the property devolves firstly upon the heirs being relatives specified in Class I of the Schedule; only in their absence does it pass to Class II, then agnates and cognates.
Under Section 15(1) of the Hindu Succession Act, 1956, the property of a female Hindu dying intestate devolves, in the first instance, upon:
aThe heirs of the husband
bThe mother and father
cThe sons and daughters (including children of a predeceased son or daughter) and the husband
dThe heirs of the father
Answer: C
Section 15(1)(a) provides that the property devolves firstly upon the sons and daughters (including the children of any predeceased son or daughter) and the husband.
Under the proviso to Section 15(2) of the Hindu Succession Act, 1956, where a female Hindu dies intestate without any son or daughter, property inherited by her from her husband or father-in-law devolves upon:
aThe heirs of the father
bHer mother and father
cThe heirs of the husband
dThe State by escheat
Answer: C
Section 15(2)(b) provides that, in the absence of any son or daughter, property inherited from the husband or father-in-law devolves upon the heirs of the husband, not the general heirs under sub-section (1).
Under Section 6 of the Hindu Minority and Guardianship Act, 1956, the natural guardian of a Hindu minor boy or an unmarried girl is:
aThe mother, and after her, the father
bThe father, and after him, the mother
cThe paternal grandfather in all cases
dEither parent jointly in all matters
Answer: B
Section 6(a) provides that the natural guardian of a Hindu minor boy or unmarried girl is the father, and after him, the mother; though custody of a child below five years shall ordinarily be with the mother.
Under Section 8 read with Section 11 of the Hindu Adoptions and Maintenance Act, 1956, where a female Hindu adopts a male child, the adoptive mother must be older than the child to be adopted by at least:
a10 years
b18 years
c21 years
d25 years
Answer: C
Section 11(iv) requires that in the adoption of a son by a female (or of a daughter by a male), the adopter must be at least twenty-one years older than the child being adopted.
Under Section 7 of the Hindu Adoptions and Maintenance Act, 1956, a male Hindu having a wife living can take a child in adoption:
aWithout any consent of the wife
bOnly with the consent of his wife, save in the cases excepted by the Act
cOnly with the permission of the District Court
dOnly if he has no son already
Answer: B
Section 7 permits a male Hindu of sound mind who is not a minor to adopt, but if he has a wife living he shall not adopt except with her consent, unless she has renounced the world, ceased to be a Hindu, or been declared of unsound mind.
Under Section 7 of the Hindu Marriage Act, 1955, where the customary rites and ceremonies of either party include the Saptapadi, the marriage becomes complete and binding
awhen the seventh step is taken by the bride and bridegroom jointly before the sacred fire
bwhen the first step is taken before the sacred fire
conly upon registration of the marriage
dwhen the kanyadan ceremony is performed
Answer: A
Section 7(2) provides that where the rites include the Saptapadi (taking of seven steps before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.
Under Section 3(f) of the Hindu Marriage Act, 1955, the Sapinda relationship of a person extends, in the line of ascent, up to
athe fifth generation through the father and the third generation through the mother
bthe third generation through the father and the fifth generation through the mother
cthe third generation through both the father and the mother
dthe seventh generation through both the father and the mother
Answer: A
Sapinda relationship extends to the fifth generation (inclusive) in the line of ascent through the father, and the third generation (inclusive) in the line of ascent through the mother.
A marriage under the Hindu Marriage Act, 1955 is null and void under Section 11 only if it contravenes the condition specified in
aclauses (i), (iv) and (v) of Section 5
bclauses (ii) and (iii) of Section 5
cclause (ii) of Section 5 alone
dall the clauses (i) to (v) of Section 5
Answer: A
Section 11 declares a marriage void only where it contravenes clause (i) (bigamy), clause (iv) (prohibited degrees) or clause (v) (sapinda relationship) of Section 5.
Non-consummation of marriage owing to the impotence of the respondent renders a Hindu marriage
avoid ab initio under Section 11
bvalid but a ground for restitution of conjugal rights
cvoidable at the instance of the petitioner under Section 12
dvalid but a ground for judicial separation only
Answer: C
Section 12(1)(a) makes a marriage voidable where it has not been consummated owing to the impotence of the respondent; such a marriage is valid until annulled by a decree of nullity.
A petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 requires that the parties have been living separately for a period of
asix months or more
bthree years or more
ctwo years or more
done year or more
Answer: D
Section 13B(1) requires that the parties have been living separately for a period of one year or more before presenting a joint petition for divorce by mutual consent.
Under Section 13B(2) of the Hindu Marriage Act, 1955, the second motion for divorce by mutual consent must be moved by both parties not earlier than six months and not later than
atwelve months after the first motion
bthirty-six months after the first motion
ctwenty-four months after the first motion
deighteen months after the first motion
Answer: D
Section 13B(2) requires the motion to be made after six months and within eighteen months of the date of presentation of the petition; the six-month period has been held to be directory and waivable.
Under the proviso to Section 6(a) of the Hindu Minority and Guardianship Act, 1956, the custody of a minor who has not completed the age of five years shall ordinarily be with the
afather
bguardian appointed by the court
cpaternal grandfather
dmother
Answer: D
The proviso to Section 6(a) provides that the custody of a minor who has not completed five years of age shall ordinarily be with the mother.
In Githa Hariharan v. Reserve Bank of India (1999), the Supreme Court interpreted the word 'after' in Section 6(a) of the Hindu Minority and Guardianship Act, 1956 to mean that the mother
acan be natural guardian only after the death of the father
bcan act as natural guardian during the father's lifetime, such as in his absence or where he is unable to act
ccan never be the natural guardian of a legitimate minor
dis always the sole natural guardian to the exclusion of the father
Answer: B
The Court held that 'after' does not mean only after the father's death; the mother can act as natural guardian during his lifetime, for instance in his absence or where he is unable or unwilling to take care of the minor, reading the provision in conformity with gender equality.
Under Section 11 of the Hindu Adoptions and Maintenance Act, 1956, where a male adopts a female (or a female adopts a male), the age difference between the adopter and the person to be adopted must be at least
afifteen years
beighteen years
ctwenty-one years
dtwenty-five years
Answer: C
Section 11(iii) and (iv) require that where the adoption is across sexes, the adoptive father or mother must be at least twenty-one years older than the person to be adopted.
Under Section 11 of the Hindu Adoptions and Maintenance Act, 1956, a Hindu may adopt a daughter only if, at the time of adoption, he or she does not have a living
awife or husband
bHindu son or son's son
cHindu son or daughter of any kind
dHindu daughter or son's daughter
Answer: D
For the adoption of a daughter, Section 11(ii) requires that the adoptive parent must not have a living Hindu daughter or son's daughter (whether by legitimate blood relationship or by adoption) at the time of adoption.
Under Section 8 of the Hindu Succession Act, 1956, where a male Hindu dies intestate leaving no heir of Class I and no heir of Class II, the property devolves
aupon the cognates in preference to the agnates
bupon the agnates, and only in their absence upon the cognates
cupon the State by escheat directly
dequally between agnates and cognates
Answer: B
Section 8 provides the order: Class I, then Class II, then agnates, and lastly cognates. All agnates are preferred over all cognates howsoever near.
In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court held that the right conferred on a daughter as a coparcener under the amended Section 6 of the Hindu Succession Act, 1956 is
aavailable only if the father was alive on 9 September 2005
bavailable only to unmarried daughters
cpurely prospective and applies only to daughters born after 2005
da right by birth, retroactive in nature, irrespective of whether the father was alive on 9 September 2005
Answer: D
The Constitution Bench held that a daughter is a coparcener by birth; the amended Section 6 is retroactive, so the daughter's right does not depend on the father (coparcener) being alive on the commencement date of the 2005 amendment.
Under Section 15(2) of the Hindu Succession Act, 1956, where a female Hindu dies intestate without leaving any son or daughter (or children of a predeceased son or daughter), property inherited by her from her father or mother devolves upon
athe heirs of the husband
bthe State by escheat
cthe heirs of the father-in-law
dthe heirs of the father
Answer: D
Section 15(2)(a) provides that, in the absence of her own children, property a female inherited from her father or mother devolves upon the heirs of the father, not on the husband's heirs under the general order in Section 15(1).
Under Section 16 of the Hindu Marriage Act, 1955, a child of a marriage which is null and void under Section 11
ais deemed legitimate whether or not a decree of nullity is passed
bis illegitimate for all purposes
cis legitimate only if a decree of nullity has been granted
dacquires a right by birth in coparcenary property of the family
Answer: A
Section 16(1) confers legitimacy on children of a void marriage whether or not a decree of nullity is granted, though such children take rights only in the property of their parents and not in coparcenary or ancestral property.
Under Section 5(iii) of the Hindu Marriage Act, 1955, at the time of marriage the bridegroom must have completed the age of
a21 years
b18 years
c25 years
d16 years
Answer: A
Section 5(iii) requires the bridegroom to have completed 21 years and the bride 18 years at the time of marriage. Breach of this condition does not by itself make the marriage void or voidable.
Where the customary rites and ceremonies of a Hindu marriage include the saptapadi, the marriage becomes complete and binding under Section 7 of the Hindu Marriage Act, 1955
awhen the betrothal is performed
bwhen the marriage is registered
cwhen the seventh step is taken before the sacred fire
dwhen the kanyadaan is completed
Answer: C
Section 7(2) provides that where saptapadi is included in the ceremonies, the marriage is complete and binding when the seventh step is taken jointly before the sacred fire.
A Hindu marriage solemnised in contravention of the condition prohibiting marriage between parties within the degrees of prohibited relationship, where no permissive custom exists, is
avalid
bvoid
cvoidable
dirregular
Answer: B
Under Section 11 read with Section 5(iv) of the Hindu Marriage Act, 1955, a marriage between parties within the degrees of prohibited relationship (absent a saving custom) is null and void.
Provision for divorce by mutual consent was introduced into the Hindu Marriage Act, 1955 by the 1976 Amendment under
aSection 13
bSection 13A
cSection 13B
dSection 14
Answer: C
Section 13B, inserted by the Marriage Laws (Amendment) Act, 1976, provides for divorce by mutual consent. A petition can be moved when the parties have been living separately for one year or more.
The remedy of restitution of conjugal rights under the Hindu Marriage Act, 1955 is provided in
aSection 12
bSection 10
cSection 9
dSection 13
Answer: C
Section 9 provides that where either spouse has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply for a decree of restitution of conjugal rights.
A Hindu male of 25 years of age adopts a female child of 6 years of age. The adoption is
avoid
bvoidable
cvalid
dirregular
Answer: A
Under Section 11(iii) of the Hindu Adoptions and Maintenance Act, 1956, a male adopting a female child must be at least 21 years older than her. Here the gap is only 19 years, so the adoption is void.
Under Section 7 of the Hindu Adoptions and Maintenance Act, 1956, where a married Hindu male having a living wife seeks to adopt, the adoption is valid only if
athe adoption is registered within thirty days
bthe permission of the District Court is obtained
cthe consent of his wife is obtained, unless she has renounced the world or is of unsound mind
dthe wife is at least 21 years older than the child
Answer: C
The proviso to Section 7 requires that a male with a living wife shall not adopt except with her consent, unless she has completely and finally renounced the world, ceased to be a Hindu, or been declared of unsound mind.
Under Section 6 of the Hindu Minority and Guardianship Act, 1956, the natural guardian of an illegitimate Hindu boy is
athe father, and after him, the mother
bthe maternal grandfather
cthe mother, and after her, the father
dany person appointed by the court
Answer: C
Section 6(b) provides that in the case of an illegitimate boy or illegitimate unmarried girl, the mother is the natural guardian, and after her, the father.
In Githa Hariharan v. Reserve Bank of India (1999), the Supreme Court held that the word 'after' in Section 6(a) of the Hindu Minority and Guardianship Act, 1956 means
aafter the father, including his absence, indifference or incapacity
bonly after the death of the father
cafter the father attains the age of sixty
dafter the mother gives written consent
Answer: A
To avoid striking down the provision as unconstitutional, the Court read 'after' to include situations where the father is absent or shows total apathy, allowing the mother to act as natural guardian.
On and from the commencement of the Hindu Succession (Amendment) Act, 2005, a daughter of a coparcener in a Mitakshara joint family
abecomes a coparcener by birth in the same manner as a son
bacquires rights only after the death of her father
cis entitled only to maintenance out of the joint family property
dbecomes a coparcener only if she is unmarried
Answer: A
The substituted Section 6 of the Hindu Succession Act, 1956 confers on the daughter coparcenary status by birth, with the same rights and liabilities as a son, irrespective of marital status.
Section 14(1) of the Hindu Succession Act, 1956 provides that any property possessed by a female Hindu shall be held by her
aas a limited owner
bas a full owner and not as a limited owner
cas a trustee for her sons
donly during her widowhood
Answer: B
Section 14(1) converts the limited estate (widow's estate) of a female Hindu into absolute ownership. Section 14(2) is an exception where the instrument itself prescribes a restricted estate.
Under the Hindu Succession Act, 1956, which of the following is NOT a Class I heir of a Hindu male dying intestate?
aFather
bMother
cSon
dWidow
Answer: A
The father is a Class II heir, not a Class I heir, under the Schedule to the Hindu Succession Act, 1956. The mother, widow, son and daughter are Class I heirs.
Under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, a Hindu wife loses her right to separate residence and maintenance from her husband if she
ais employed and earns her own income
blives with her parents temporarily
cceases to be a Hindu by conversion to another religion
drefuses to perform household duties
Answer: C
Section 18(3) bars a wife from separate residence and maintenance if she is unchaste or ceases to be a Hindu by conversion to another religion.
In Sarla Mudgal v. Union of India (1995), the Supreme Court held that where a Hindu husband converts to Islam and contracts a second marriage during the subsistence of his first marriage, the second marriage is
avoid, and he is liable for bigamy under Section 494 IPC
bvalid, as Muslim law permits four wives
cmerely irregular and curable
dvalid only if the first wife consents
Answer: A
The Court held that conversion to Islam does not dissolve the first Hindu marriage; a second marriage so contracted is void and the husband is liable for bigamy under Section 494 of the IPC.
Under Section 19 of the Hindu Adoptions and Maintenance Act, 1956, a widowed daughter-in-law is entitled to be maintained, after the death of her husband, by
aher own father only
bthe State Government
cher father-in-law, to the extent he has coparcenary property out of which she has not obtained a share
dher brother-in-law in all circumstances
Answer: C
Section 19 obliges the father-in-law to maintain a widowed daughter-in-law who is unable to maintain herself, but only out of coparcenary property in his possession out of which she has not obtained a share.
Under Section 3 of the Hindu Marriage Act, 1955, the 'sapinda relationship' with reference to any person extends, in the line of ascent through the father, up to which generation (inclusive), the person concerned being counted as the first generation?
aFifth generation
bFourth generation
cThird generation
dSeventh generation
Answer: A
Section 3(f)(ii) extends sapinda relationship to the fifth generation (inclusive) through the father and the third (inclusive) through the mother, the line being traced upwards from the person concerned counted as the first generation.
Under the Hindu Marriage Act, 1955, where a marriage is solemnized with rites that include the saptapadi, at what point does the marriage become complete and binding?
aWhen the seventh step is taken before the sacred fire
bWhen the kanyadaan is performed by the father of the bride
cWhen the marriage is registered under Section 8
dWhen the marriage is consummated
Answer: A
Section 7(2) provides that where the rites and ceremonies include the saptapadi, the marriage becomes complete and binding when the seventh step is taken jointly before the sacred fire.
In Bhaurao Shankar Lokhande v. State of Maharashtra (AIR 1965 SC 1564), the Supreme Court acquitted the accused of bigamy under Section 494 IPC mainly because:
aThe essential ceremonies of the alleged second marriage, including saptapadi, were not proved to have been performed
bThe first marriage had already been dissolved by a decree of divorce
cThe first wife had consented in writing to the second marriage
dSection 17 of the Hindu Marriage Act applies only to non-Hindus
Answer: A
The Court held that for a 'marriage' within the meaning of Section 17 HMA and Section 494 IPC the essential ceremonies (invocation before the sacred fire and saptapadi) must be performed; as these were not proved, the second 'marriage' was no marriage and bigamy was not made out.
Under Section 13B(2) of the Hindu Marriage Act, 1955, a motion for divorce by mutual consent may be made by both parties not earlier than and not later than which periods after presentation of the petition?
aNot earlier than six months and not later than eighteen months
bNot earlier than three months and not later than one year
cNot earlier than one year and not later than two years
dNot earlier than six months and not later than twelve months
Answer: A
Section 13B(2) requires the second motion to be made not earlier than six months and not later than eighteen months after presentation of the petition, provided it is not withdrawn in the meantime.
Under Section 9 of the Hindu Marriage Act, 1955 (restitution of conjugal rights), on whom does the burden of proving reasonable excuse for withdrawal from the society of the other lie?
aOn the petitioner who seeks the decree
bOn neither; the court decides suo motu without burden
cOn both parties equally
dOn the person who has withdrawn from the society of the other
Answer: D
The Explanation to Section 9 provides that where a question arises whether there has been reasonable excuse for withdrawal from society, the burden of proving reasonable excuse lies on the person who has so withdrawn.
Under Section 14(1) of the Hindu Succession Act, 1956, property possessed by a female Hindu, whether acquired before or after the commencement of the Act, is held by her as:
aA limited owner with only a life interest
bA trustee for her husband's heirs
cA full owner thereof and not as a limited owner
dA co-owner with the surviving coparceners
Answer: C
Section 14(1) converts a female Hindu's limited estate into absolute ownership, declaring that any property possessed by her shall be held as full owner and not as a limited owner.
In Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1, the Supreme Court held that a daughter becomes a coparcener by birth under the substituted Section 6 of the Hindu Succession Act, 1956:
aOnly if her father was alive on 9th September 2005
bOnly if she was born after 9th September 2005
cWhether or not her father was alive on 9th September 2005
dOnly if she was unmarried on 9th September 2005
Answer: C
The three-Judge Bench held that the coparcenary right of a daughter is by birth and does not depend on the father being alive on 9-9-2005, overruling Prakash v. Phulavati on this point.
Under the Hindu Succession Act, 1956, when a male Hindu dies intestate leaving property, that property devolves firstly upon his heirs in:
aClass II of the Schedule
bClass I of the Schedule
cThe category of agnates
dThe category of cognates
Answer: B
Section 8 read with Section 9 provides that the property of a male Hindu dying intestate devolves first upon the heirs specified in Class I of the Schedule, who take simultaneously and to the exclusion of all other heirs.
Under Section 11 of the Hindu Adoptions and Maintenance Act, 1956, in an adoption of a son the adoptive father or mother must not have a living Hindu:
aSon, son's son or son's son's son, whether by legitimate blood relationship or by adoption
bSon or daughter only
cSon or son's son only
dDaughter or son's daughter
Answer: A
Section 11(i) bars adoption of a son if the adoptive parent has a living Hindu son, son's son or son's son's son (whether by legitimate blood relationship or by adoption) at the time of adoption.
Under Section 11 of the Hindu Adoptions and Maintenance Act, 1956, where the adoption is of a female by a male, the adoptive father must be older than the person to be adopted by at least:
aEighteen years
bTwenty-one years
cTwenty years
dTwenty-five years
Answer: B
Section 11(iii) requires that where a male adopts a female, the adoptive father must be at least twenty-one years older than the person to be adopted (and correspondingly under clause (iv) where a female adopts a male).
Under Section 9 of the Hindu Adoptions and Maintenance Act, 1956 (as amended), the father and mother, if alive, have an equal right to give a son or daughter in adoption, but neither may exercise that right without the consent of the other, except where the other:
aIs temporarily living abroad
bHas ceased to be a Hindu, has completely renounced the world, or has been declared of unsound mind by a competent court
cIs below the age of twenty-one years
dRefuses to give consent for any reason
Answer: B
The proviso to Section 9(2) dispenses with the consent of the other parent only where that parent has completely and finally renounced the world, has ceased to be a Hindu, or has been declared by a competent court to be of unsound mind.
Under Section 6 of the Hindu Minority and Guardianship Act, 1956, the custody of a minor who has not completed the age of five years shall ordinarily be with:
aThe father
bA guardian appointed by the court
cThe paternal grandfather
dThe mother
Answer: D
The proviso to Section 6(a) provides that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother.
Under Section 6 of the Hindu Minority and Guardianship Act, 1956, the property of a Hindu minor in respect of which the father and mother are natural guardians EXCLUDES:
aThe minor's undivided interest in joint family property
bProperty inherited by the minor from the mother
cProperty gifted to the minor by a stranger
dProperty acquired by the minor's own skill
Answer: A
Section 6 makes the father (and after him the mother) natural guardian of the minor's person and property, but expressly excludes the minor's undivided interest in joint family property, which is governed by the rules of the Mitakshara coparcenary.
Under Section 5 of the Hindu Marriage Act, 1955, a marriage between two persons who are sapindas of each other is:
aValid in all cases
bVoid, unless a custom or usage governing each of them permits such a marriage
cMerely voidable at the option of either party
dValid only if solemnized in a registered office
Answer: B
Section 5(v) bars marriage between sapindas unless a custom or usage governing each of the parties permits such a marriage; a marriage in contravention of clause (v) is void under Section 11.
Under the Bharatiya Sakshya Adhiniyam, 2023, which section declares that no confession made to a police officer shall be proved as against a person accused of any offence?
aSection 22
bSection 23
cSection 24
dSection 25
Answer: B
Section 23(1) of the BSA, 2023 bars proof of a confession made to a police officer against an accused, carrying forward the rule formerly in Section 25 of the Indian Evidence Act, 1872.
A statement made by a person as to the cause of his death or the circumstances of the transaction which resulted in his death (dying declaration) is made relevant under the Bharatiya Sakshya Adhiniyam, 2023 by:
aSection 24
bSection 25
cSection 27
dSection 26(a)
Answer: D
Section 26(a) of the BSA, 2023 makes a dying declaration relevant, and it applies whether or not the declarant was, at the time, under expectation of death.
For a statement as to the cause of death to be relevant as a dying declaration under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023, it is necessary that:
athe declarant was under expectation of death when the statement was made
bthe cause of the declarant's death comes into question, whether or not he expected death
cthe statement was reduced to writing and signed by a Magistrate
dthe declarant survived long enough to be cross-examined
Answer: B
Section 26(a) makes such a statement relevant where the cause of death comes into question, and expressly applies irrespective of whether the person was under expectation of death.
Under the Bharatiya Sakshya Adhiniyam, 2023, the opinions of experts upon a point of foreign law, science, art, or as to identity of handwriting or finger impressions, are dealt with under:
aSection 37
bSection 41
cSection 39
dSection 45
Answer: C
Section 39 of the BSA, 2023 makes opinions of experts relevant, corresponding to Section 45 of the Indian Evidence Act, 1872.
In which section of the Bharatiya Sakshya Adhiniyam, 2023 is the expression 'conclusive proof' defined, that is, where on proof of one fact the Court shall regard the other as proved and shall not allow evidence to be given for the purpose of disproving it?
aSection 2
bSection 3
cSection 4
dSection 5
Answer: A
The definitions of 'may presume', 'shall presume' and 'conclusive proof' are all contained in the definition clause, Section 2 of the BSA, 2023.
The general rule that the burden of proof in a suit or proceeding lies on the person who would fail if no evidence at all were given on either side is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 105
bSection 104
cSection 101
dSection 106
Answer: A
Section 104 of the BSA, 2023 states the general rule of burden of proof; Section 105 specifies on whom the burden of proof lies (the party who would fail if no evidence were given).
Under the Bharatiya Sakshya Adhiniyam, 2023, the provision dealing with primary evidence and secondary evidence is found respectively in:
aSections 55 and 56
bSections 63 and 64
cSections 61 and 62
dSections 57 and 58
Answer: D
Section 57 of the BSA, 2023 deals with primary evidence and Section 58 with secondary evidence (formerly Sections 62 and 63 of the Indian Evidence Act, 1872).
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that no particular number of witnesses shall in any case be required for the proof of any fact is laid down in:
aSection 139
bSection 138
cSection 134
dSection 140
Answer: A
Section 139 of the BSA, 2023 provides that no particular number of witnesses is required for proof of any fact, retaining the rule formerly in Section 134 of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, an accomplice shall be a competent witness against an accused person, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. This is provided by:
aSection 119
bSection 138
cSection 124
dSection 142
Answer: B
Section 138 of the BSA, 2023 (corresponding to Section 133 of the Indian Evidence Act, 1872) declares an accomplice a competent witness and provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. Note that the enacted BSA text uses 'corroborated' (unlike the repealed IEA Section 133, which used 'uncorroborated').
Under the Bharatiya Sakshya Adhiniyam, 2023, leading questions must not, if objected to by the adverse party, be asked in examination-in-chief or in re-examination except with the permission of the Court. This rule appears in:
aSection 140
bSection 151
cSection 146
dSection 157
Answer: C
Leading questions are dealt with under Section 146 of the BSA, 2023, restricting their use in examination-in-chief and re-examination unless the Court permits.
Under the Bharatiya Sakshya Adhiniyam, 2023, the question of who may testify, that is, that all persons are competent to testify unless prevented from understanding the questions or giving rational answers, is governed by:
aSection 124
bSection 118
cSection 130
dSection 139
Answer: A
Section 124 of the BSA, 2023 ('Who may testify') provides that all persons are competent witnesses unless incapable of understanding or answering rationally due to age, disease, or other cause.
The definition clause of the Bharatiya Sakshya Adhiniyam, 2023 expands the meaning of 'evidence' to include, in addition to oral and documentary evidence:
aonly confessions recorded by a Magistrate
bstatements given electronically by witnesses and documents including electronic or digital records produced for inspection
conly the opinions of expert witnesses
dfacts of which the Court takes judicial notice
Answer: B
Section 2 of the BSA, 2023 defines 'evidence' to include statements given electronically by witnesses and documents (including electronic or digital records) produced for inspection.
Under the Bharatiya Sakshya Adhiniyam, 2023, the provision that facts of which the Court must take judicial notice need not be proved is contained in:
aSection 49
bSection 51
cSection 52
dSection 54
Answer: B
Section 51 of the BSA, 2023 provides that a fact judicially noticeable need not be proved, corresponding to Section 56 of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, no confession made to a police officer can be proved against a person accused of an offence. This rule is contained in which provision?
aSection 22
bSection 24
cSection 23(1)
dSection 26
Answer: C
Section 23(1) of the BSA, 2023 bars proof of any confession made to a police officer against the accused, corresponding to the old Section 25 of the Indian Evidence Act, 1872.
Where a fact is discovered in consequence of information received from an accused in police custody, so much of such information as relates distinctly to the fact discovered may be proved. Under the BSA, 2023 this is found in the proviso to which section?
aSection 27
bSection 23
cSection 25
dSection 30
Answer: B
The 'discovery' rule (formerly Section 27 of the Indian Evidence Act, 1872) is now the proviso to Section 23(2) of the BSA, 2023; only that part of the information distinctly relating to the fact discovered is admissible, whether or not it amounts to a confession.
A man, while dying of injuries, names his assailant before a Magistrate. Under the BSA, 2023, the relevancy of such a statement by a person who cannot be called as a witness is governed by:
aSection 24
bSection 26
cSection 25
dSection 32
Answer: B
Section 26 of the BSA, 2023 (corresponding to old Section 32) makes relevant statements of relevant facts by persons who are dead or cannot be found, including dying declarations as to cause of death.
Under the Bharatiya Sakshya Adhiniyam, 2023, the opinion of experts upon a point of foreign law, science, art, handwriting or finger impressions is made relevant by:
aSection 51
bSection 45
cSection 47
dSection 39
Answer: D
Section 39 of the BSA, 2023 (formerly Section 45 of the Evidence Act) makes the opinion of experts relevant, with sub-section (2) expressly covering opinions on examination of electronic and digital evidence.
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