Delhi Judiciary Mock Test 1 — Questions & Solutions
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Who assumed office as the 53rd Chief Justice of India in November 2025, succeeding Justice B. R. Gavai?
aJustice D. Y. Chandrachud
bJustice Sanjiv Khanna
cJustice Vikram Nath
dJustice Surya Kant
Answer: D
Justice Surya Kant took oath as the 53rd Chief Justice of India on 24 November 2025, a day after the retirement of CJI B. R. Gavai, and is due to hold office until February 2027.
The Nobel Peace Prize for the year 2025 was awarded to:
aNihon Hidankyo
bNarges Mohammadi
cMaria Corina Machado
dVolodymyr Zelenskyy
Answer: C
The Norwegian Nobel Committee awarded the 2025 Nobel Peace Prize to Venezuelan opposition leader Maria Corina Machado for her work promoting democratic rights and a peaceful transition to democracy in Venezuela.
Who was elected the Vice-President of India in the election held in September 2025, following the resignation of Jagdeep Dhankhar?
aC. P. Radhakrishnan
bB. Sudershan Reddy
cJagdeep Dhankhar
dVenkaiah Naidu
Answer: A
C. P. Radhakrishnan, former Governor of Maharashtra, was declared elected as Vice-President of India on 9 September 2025, defeating Justice (Retd.) B. Sudershan Reddy, and took oath as the 15th Vice-President on 12 September 2025.
Which national cricket team won the ICC Champions Trophy 2025, defeating New Zealand in the final at Dubai?
aAustralia
bNew Zealand
cSouth Africa
dIndia
Answer: D
India won the 2025 ICC Champions Trophy on 9 March 2025 at Dubai, chasing down New Zealand's total to win by four wickets, finishing the tournament undefeated for a record third Champions Trophy title.
Who was re-appointed as the Attorney General for India with effect from October 2025 for a further term?
aK. K. Venugopal
bMukul Rohatgi
cR. Venkataramani
dTushar Mehta
Answer: C
R. Venkataramani, Senior Advocate, was re-appointed Attorney General for India for a two-year term with effect from 1 October 2025, having first taken the office in 2022.
The legal maxim 'audi alteram partem' embodies which of the following principles?
aThe law does not concern itself with trifles
bHear the other side; no one should be condemned unheard
cA person must not be vexed twice for the same cause
dNo man shall be a judge in his own cause
Answer: B
'Audi alteram partem' literally means 'hear the other side' and is a core principle of natural justice requiring that no person be condemned without being given a fair opportunity of being heard.
The doctrine 'res ipsa loquitur', frequently invoked in the law of torts, means:
aThe thing speaks for itself
bA matter abandoned
cThe thing has been adjudged
dLet the buyer beware
Answer: A
'Res ipsa loquitur' means 'the thing speaks for itself'; it raises an inference of negligence from the very nature of an accident where the cause was within the defendant's control.
In jurisprudence, John Austin is most closely associated with which theory of law?
aThe Pure Theory of Law
bThe Natural Law theory
cThe Historical School
dThe Command theory (analytical positivism)
Answer: D
John Austin propounded the analytical or imperative theory, defining law as the command of a sovereign backed by sanctions, a foundational view of legal positivism.
The maxim 'ubi jus ibi remedium' conveys which idea?
aAn act of the court shall prejudice no one
bIgnorance of law is no excuse
cWhere there is a right, there is a remedy
dHe who comes to equity must come with clean hands
Answer: C
'Ubi jus ibi remedium' means that wherever the law confers a right, it also provides a remedy for its violation; it underlies the enforceability of legal rights.
If in a certain code 'COURT' is written as 'DPVSU', then how will 'JUDGE' be written in the same code?
aKVEGF
bKVEHF
cIVCHF
dKWEHF
Answer: B
Each letter is shifted forward by one position in the alphabet (C to D, O to P, and so on). Applying the same rule, J to K, U to V, D to E, G to H and E to F gives 'KVEHF'.
A sum of money doubles itself in 8 years under simple interest. In how many years will it become four times the original sum at the same rate?
a24 years
b32 years
c16 years
d20 years
Answer: A
Doubling in 8 years means the interest earned equals the principal in 8 years, i.e. the rate is 12.5% per annum. To become four times, the interest must equal three times the principal, requiring 3 x 8 = 24 years.
Choose the word that is most nearly OPPOSITE in meaning to 'EXONERATE':
aIncriminate
bAbsolve
cAcquit
dPardon
Answer: A
'Exonerate' means to clear or free from blame, so its antonym is 'incriminate', which means to charge with or implicate in wrongdoing; the other options are synonyms.
Select the option that correctly fills the blank: 'The accused, despite overwhelming evidence, remained ______ in his denial of any wrongdoing.'
aobscure
bobsequious
cobsolete
dobstinate
Answer: D
'Obstinate' means stubbornly refusing to change one's position, which fits a persistent denial; the other words (servile, outdated, unclear) do not suit the sense.
A person who is appointed to settle a dispute between parties by their mutual consent, instead of through the ordinary courts, is called:
aAn arbitrator
bAn advocate-on-record
cA receiver
dAn amicus curiae
Answer: A
An arbitrator is a neutral person chosen by the parties' agreement to adjudicate their dispute through arbitration; an amicus curiae merely assists the court, while a receiver manages property.
The Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code, 1860, came into force across India with effect from:
a26th January 2024
b1st July 2024
c25th December 2023
d15th August 2024
Answer: B
The three new criminal laws, including the Bharatiya Nyaya Sanhita, 2023 (replacing the IPC), were notified to come into force on 1st July 2024; 25th December 2023 was only the date of Presidential assent.
The Indian Evidence Act, 1872 has been repealed and replaced by which of the following enactments?
aBharatiya Pramaan Sanhita, 2023
bBharatiya Nagarik Suraksha Sanhita, 2023
cBharatiya Nyaya Sanhita, 2023
dBharatiya Sakshya Adhiniyam, 2023
Answer: D
The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872 with effect from 1st July 2024; the BNS replaced the IPC and the BNSS replaced the CrPC.
Who, as of June 2026, holds the office of the Chief Justice of India?
aJustice B.R. Gavai
bJustice Sanjiv Khanna
cJustice Surya Kant
dJustice D.Y. Chandrachud
Answer: C
Justice Surya Kant was sworn in as the 53rd Chief Justice of India on 24th November 2025, succeeding Justice B.R. Gavai, and is the incumbent CJI in mid-2026.
The legal maxim 'audi alteram partem', a cornerstone of natural justice, means:
aA thing decided cannot be reopened
bThe act of God causes injury to no one
cHear the other side / let the other party be heard
dNo one shall be a judge in his own cause
Answer: C
'Audi alteram partem' literally means 'hear the other side', requiring that no person be condemned unheard. The maxim 'nemo judex in causa sua' is the other limb of natural justice.
The maxim 'ignorantia juris non excusat' embodies the principle that:
aLaw does not compel the impossible
bIgnorance of law is no excuse
cIgnorance of fact is an excuse
dA guilty mind is essential for crime
Answer: B
'Ignorantia juris non excusat' means ignorance of the law is no excuse; a person cannot escape liability merely by pleading that he was unaware of the law.
In jurisprudence, the theory that 'law is the command of the sovereign backed by sanction' is principally associated with:
aJohn Austin
bFriedrich Carl von Savigny
cHans Kelsen
dRoscoe Pound
Answer: A
John Austin, the chief exponent of the Analytical (Imperative) School, propounded that law is the command of a determinate sovereign enforced by sanction. Savigny led the Historical School and Kelsen the Pure Theory of Law.
The original civil and criminal jurisdiction of the Delhi High Court, as a separate High Court, was established in which year?
a1947
b1966
c1972
d1956
Answer: B
The Delhi High Court was established on 31st October 1966 under the Delhi High Court Act, 1966, prior to which the territory was under the jurisdiction of the Punjab High Court.
Under the Constitution of India, the National Capital Territory of Delhi is governed by a special provision inserted by the 69th Constitutional Amendment, namely:
aArticle 239AA
bArticle 239A
cArticle 371
dArticle 370
Answer: A
Article 239AA, inserted by the Constitution (Sixty-ninth Amendment) Act, 1991, confers a special status on the National Capital Territory of Delhi, providing for a Legislative Assembly and Council of Ministers.
A sum of money doubles itself in 8 years under simple interest. In how many years will the same sum become four times itself at the same rate?
a24 years
b16 years
c32 years
d20 years
Answer: A
If a sum doubles in 8 years under simple interest, the interest earned equals the principal in 8 years, so the rate is 12.5% per annum. To become four times, the interest must equal thrice the principal, requiring 3 x 8 = 24 years.
The 2025 Nobel Peace Prize was awarded to Maria Corina Machado, a pro-democracy opposition leader from which country?
aNicaragua
bColombia
cCuba
dVenezuela
Answer: D
Venezuelan opposition leader Maria Corina Machado won the 2025 Nobel Peace Prize for her work promoting democratic rights and a peaceful transition to democracy in Venezuela.
Fill in the blank with the most appropriate word: 'Despite the overwhelming evidence, the defence counsel remained ___ in his denial of any wrongdoing.'
aobsolete
boblivious
cobstinate
dobsequious
Answer: C
'Obstinate' means stubbornly refusing to change one's opinion, which fits a persistent denial despite evidence.
Under Section 9 of the Code of Civil Procedure, 1908, the Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. The exclusion of jurisdiction of a Civil Court is:
aPermissible only by an express provision and never by necessary implication
bPresumed liberally and the burden of proving it lies on the party asserting jurisdiction
cAutomatic wherever a special tribunal is constituted under any statute
dNot to be readily inferred, and the burden of proving the exclusion lies on the party asserting it
Answer: D
Section 9 confers wide jurisdiction on Civil Courts over suits of a civil nature; exclusion of jurisdiction is not readily inferred and must be either express or by necessary implication, the burden lying on the party who asserts the exclusion.
Section 10 of the Code of Civil Procedure, 1908 (res sub judice) bars a Court from proceeding with the trial of a subsequently instituted suit where the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties. The bar under Section 10 operates to:
aBar the institution of the subsequent suit altogether
bStay the trial of the subsequently instituted suit, not its institution
cStay the trial of the previously instituted suit
dRender the decree in the subsequent suit a nullity even if the prior suit is withdrawn
Answer: B
Section 10 does not bar institution of the later suit; it only stays its trial where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties litigating under the same title.
For the doctrine of res judicata under Section 11 of the Code of Civil Procedure, 1908 to apply, the former suit must have been heard and finally decided by a Court competent to try the subsequent suit. A matter which 'might and ought to have been made a ground of defence or attack' in the former suit is, by virtue of the relevant Explanation, deemed to have been:
aOutside the scope of res judicata as it was never actually decided
bA matter directly and substantially in issue in the former suit (constructive res judicata)
cA collateral issue not capable of barring the subsequent suit
dWaived by the party who failed to raise it
Answer: B
Explanation IV to Section 11 embodies constructive res judicata: any matter that might and ought to have been made a ground of attack or defence in the former suit is deemed to have been directly and substantially in issue therein.
Section 13 of the Code of Civil Procedure, 1908 declares that a foreign judgment shall be conclusive except in the cases enumerated therein. Which of the following is NOT one of the grounds on which a foreign judgment ceases to be conclusive under Section 13?
aWhere it has not been pronounced by a Court of competent jurisdiction
bWhere it has been obtained by fraud
cWhere the defendant has filed an appeal against it in the foreign country
dWhere it sustains a claim founded on a breach of any law in force in India
Answer: C
Section 13(a) to (f) lists six grounds (incompetent court, not on merits, incorrect view of international/Indian law, opposed to natural justice, obtained by fraud, sustaining a claim founded on a breach of Indian law). The mere pendency of a foreign appeal is not one of them.
A files a suit for compensation for a wrong done to immovable property situate at Delhi, the relief sought being capable of being obtained entirely through the personal obedience of the defendant, who resides at Mumbai. Under the proviso to Section 16 of the Code of Civil Procedure, 1908, such a suit:
aMay be instituted either where the property is situate or where the defendant resides or carries on business
bCan be instituted only in the Court within whose jurisdiction the property is situate
cCan be instituted only where the defendant resides
dMust be instituted in the Court of the District Judge having the highest pecuniary jurisdiction
Answer: A
The proviso to Section 16 permits a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant, where the relief can be entirely obtained through his personal obedience, to be instituted either where the property is situate or where the defendant actually and voluntarily resides or carries on business.
The power to transfer a suit, appeal or other proceeding pending in a High Court or other Civil Court in one State to a High Court or other Civil Court in another State is vested under the Code of Civil Procedure, 1908 exclusively in:
aThe High Court of the State in which the proceeding is pending, under Section 24
bThe District Court under Section 22
cThe Central Government under Section 23
dThe Supreme Court under Section 25
Answer: D
Section 25 vests the power to transfer a suit, appeal or other proceeding from a Court in one State to a Court in another State exclusively in the Supreme Court, on an application supported by affidavit, where expedient for the ends of justice.
Section 89 of the Code of Civil Procedure, 1908, which empowers a Court to refer a dispute for settlement outside the Court where it appears that elements of a settlement exist, enumerates which of the following modes of alternative dispute resolution?
aConciliation, mediation and compounding of the suit
bArbitration, conciliation, judicial settlement including settlement through Lok Adalat, and mediation
cArbitration and conciliation only
dMediation and plea bargaining only
Answer: B
Section 89(1) lists four modes for settlement outside the Court: arbitration, conciliation, judicial settlement including settlement through a Lok Adalat, and mediation.
Under Section 96 of the Code of Civil Procedure, 1908, an appeal from an original decree generally lies. However, no appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Cause when the amount or value of the subject-matter of the original suit does not exceed:
aThree thousand rupees
bTwenty-five thousand rupees
cFive thousand rupees
dTen thousand rupees
Answer: D
Section 96(4) bars an appeal, except on a question of law, in a suit of the nature cognizable by Courts of Small Cause where the value of the subject-matter of the original suit does not exceed ten thousand rupees. (Section 96(3) also bars any appeal from a consent decree.)
A second appeal under Section 100 of the Code of Civil Procedure, 1908 lies to the High Court from an appellate decree only if the High Court is satisfied that the case involves a substantial question of law. As a consequence of Section 100(5), the second appeal is to be heard:
aOnly on questions of fact that are perverse
bOnly on the substantial question of law formulated by the High Court, though it may hear other substantial questions on recording reasons
cOn all questions of fact and law arising in the case
dOn any ground that the appellant may raise at the time of final hearing without leave
Answer: B
Section 100(5) provides that the appeal shall be heard on the substantial question of law so formulated, though the proviso permits the Court, for reasons to be recorded, to hear the appeal on any other substantial question of law not formulated by it, on being satisfied that the case involves such question.
The power of revision conferred on the High Court by Section 115 of the Code of Civil Procedure, 1908 may be exercised in respect of any case decided by a subordinate Court in which no appeal lies, where the subordinate Court appears to have:
aExercised a jurisdiction not vested in it by law, failed to exercise a jurisdiction so vested, or acted in the exercise of its jurisdiction illegally or with material irregularity
bDecided the case on a ground different from that pleaded by the parties
cReached a conclusion contrary to the weight of authority on the point of law
dErred in its appreciation of the evidence on record
Answer: A
Section 115 confines revisional jurisdiction to jurisdictional error: where the subordinate Court has exercised jurisdiction not vested in it, failed to exercise jurisdiction so vested, or acted illegally or with material irregularity in the exercise of its jurisdiction. It does not extend to mere errors of fact or law.
Nothing in the Code of Civil Procedure, 1908 is deemed to limit or otherwise affect 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. This saving of inherent powers is contained in:
aSection 149
bSection 148
cSection 151
dSection 153
Answer: C
Section 151 expressly saves the inherent powers 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.
Order VII Rule 11 of the Code of Civil Procedure, 1908 enumerates the grounds on which a plaint shall be rejected. Which of the following is NOT a ground for rejection of a plaint under Order VII Rule 11?
aWhere the relief claimed is undervalued and the plaintiff fails to correct the valuation within the time fixed by the Court
bWhere the suit appears from the statement in the plaint to be barred by any law
cWhere the plaint does not disclose a cause of action
dWhere the defendant, in his written statement, raises a plea of limitation against the suit
Answer: D
Rejection of a plaint under Order VII Rule 11 is decided on the averments in the plaint alone; a plea raised by the defendant in the written statement is not a ground. The enumerated grounds include no cause of action, suit barred by law, undervaluation/insufficient stamp not cured, etc.
Under Order VIII Rule 1 of the Code of Civil Procedure, 1908, a defendant is ordinarily to present his written statement within thirty days from the date of service of summons. Where he fails to do so, the Court may, for reasons to be recorded in writing, allow him to file it on a later day, but not later than:
aOne hundred and twenty days from the date of service of summons
bSixty days from the date of service of summons
cNinety days from the date of service of summons
dSix months from the date of institution of the suit
Answer: C
Order VIII Rule 1 requires the written statement within thirty days of service of summons, extendable by the Court for recorded reasons but not beyond ninety days from the date of service of summons.
Under Order IX Rule 13 of the Code of Civil Procedure, 1908, a defendant against whom an ex parte decree has been passed may apply to have it set aside. The Court shall set aside the decree if the defendant satisfies it that:
aThe plaintiff had no cause of action against him
bHe has since acquired fresh evidence material to his defence
cThe decree is erroneous on the merits of the claim
dThe summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing
Answer: D
Order IX Rule 13 empowers the Court to set aside an ex parte decree where the defendant satisfies it that the summons was not duly served or that he was prevented by sufficient cause from appearing when the suit was called on for hearing.
The proviso to Order VI Rule 17 of the Code of Civil Procedure, 1908 (inserted by the 2002 amendment) places a restriction on the amendment of pleadings. It provides that no application for amendment shall be allowed after the trial has commenced unless the Court comes to the conclusion that:
aThe amendment is necessary for determining the real questions in controversy
bThe opposite party can be compensated by costs for the amendment
cThe amendment does not change the nature of the suit
dIn spite of due diligence, the party could not have raised the matter before the commencement of trial
Answer: D
The proviso to Order VI Rule 17 bars amendment of pleadings after the commencement of trial unless the Court concludes that, in spite of due diligence, the party could not have raised the matter before the trial commenced.
Under the Code of Civil Procedure, 1908, the bar of res judicata is contained in:
aSection 11
bSection 12
cSection 9
dSection 10
Answer: A
Section 11 CPC embodies the doctrine of res judicata, barring re-trial of an issue directly and substantially in issue in a former suit between the same parties already heard and finally decided by a competent court. Section 10 deals with stay of suit (res sub judice).
Section 10 of the Code of Civil Procedure, which provides for stay of suit, applies only when the previously instituted suit is pending in:
aThe same court only
bAny court, whether in India or outside, between the same parties
cA foreign court of competent jurisdiction
dA court in India having jurisdiction to grant the relief claimed, between the same parties on the same matter in issue
Answer: D
Section 10 bars the trial of a subsequently instituted suit where the matter in issue is directly and substantially the same as in a previously instituted suit pending between the same parties in a competent court in India; a suit pending in a foreign court is expressly excluded.
A second appeal to the High Court under Section 100 CPC lies only:
aIf the case involves a substantial question of law
bOn a question of fact wrongly decided by the first appellate court
cWhere the value of the subject matter exceeds rupees twenty-five thousand
dOn both questions of law and fact concurrently
Answer: A
Section 100 CPC permits a second appeal only where the High Court is satisfied that the case involves a substantial question of law, which the appeal must be heard upon as framed under Section 100(4).
The proviso to Order VI Rule 17 CPC provides that no application for amendment of pleadings shall be allowed after the trial has commenced unless the court concludes that:
aThe amendment does not change the nature of the suit
bThe opposite party consents to the amendment
cThe court fee on the amended claim has been paid
dIn spite of due diligence, the party could not have raised the matter before the commencement of trial
Answer: D
After the 2002 amendment, the proviso to Order VI Rule 17 bars amendment once trial has commenced unless the court finds that, despite due diligence, the party could not have raised the matter earlier.
Under Order VII Rule 11 CPC, a plaint shall be rejected in which of the following cases?
aWhere the plaint does not disclose a cause of action
bWhere the suit appears from the statement in the plaint to be barred by any law
cAll of the above
dWhere the relief is undervalued and the plaintiff fails to correct the valuation within the time fixed by the court
Answer: C
Order VII Rule 11 enumerates the grounds for rejection of a plaint, which include non-disclosure of a cause of action, the suit being barred by law, and failure to correct undervaluation or supply requisite stamp paper within the time fixed.
An application by a defendant to set aside an ex parte decree passed against him is governed by:
aOrder VIII Rule 10 CPC
bOrder IX Rule 9 CPC
cOrder IX Rule 7 CPC
dOrder IX Rule 13 CPC
Answer: D
Order IX Rule 13 CPC enables a defendant against whom an ex parte decree is passed to apply for setting it aside on showing that summons was not duly served or he was prevented by sufficient cause from appearing. Order IX Rule 9 deals with dismissal for default of the plaintiff.
The doctrine of restitution, requiring a court to place the parties in the position they would have occupied but for a decree subsequently varied or reversed, is contained in:
aSection 144 CPC
bSection 152 CPC
cSection 148 CPC
dSection 151 CPC
Answer: A
Section 144 CPC provides for restitution where a decree or order is varied, reversed, set aside or modified, on the application of the party entitled to the benefit. Section 151 deals with the inherent powers of the court.
Section 89 CPC empowers the court to refer a dispute, where it appears there exist elements of a settlement, to which of the following modes?
aArbitration, conciliation, judicial settlement including settlement through Lok Adalat, or mediation
bMediation and conciliation only
cArbitration only
dLok Adalat only
Answer: A
Section 89 CPC permits the court to formulate terms of settlement and refer the matter for arbitration, conciliation, judicial settlement (including through Lok Adalat) or mediation.
Arrest and detention of a judgment-debtor in execution of a decree for payment of money is regulated by which provision, requiring the court to record reasons such as the debtor's means and dishonest disposal of property?
aSection 55 alone, without recording reasons
bSection 60 CPC
cOrder XXI Rule 43 CPC
dSection 51 read with its proviso
Answer: D
Section 51(c) permits execution by arrest and detention, but its proviso bars detention in a money decree unless the court, after giving the debtor an opportunity, records reasons such as means to pay coupled with refusal or dishonest disposal of property.
The general power of the High Court and the District Court to transfer or withdraw any suit, appeal or other proceeding pending before a subordinate court is conferred by:
aSection 22 CPC
bSection 23 CPC
cSection 24 CPC
dSection 25 CPC
Answer: C
Section 24 CPC confers a general power on the High Court or District Court, on application of a party or suo motu, to transfer or withdraw any suit, appeal or proceeding to a competent subordinate court or to itself. Section 25 deals with transfer from one State to another by the Supreme Court.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the registration of a First Information Report relating to a cognizable offence, including the 'Zero FIR' that may be lodged at any police station irrespective of the place where the offence was committed, is governed by:
aSection 175
bSection 173
cSection 154
dSection 190
Answer: B
Section 173 BNSS is the counterpart of Section 154 CrPC and, for the first time, statutorily recognises the Zero FIR by permitting information of a cognizable offence to be given at any police station regardless of jurisdiction.
Where information relates to a cognizable offence made punishable for three years or more but less than seven years, the officer in charge of a police station may, before registering the FIR, conduct a preliminary enquiry under Section 173(3) BNSS only with the prior permission of an officer not below the rank of:
aInspector of Police
bSuperintendent of Police
cSub-Divisional Magistrate
dDeputy Superintendent of Police
Answer: D
Section 173(3) BNSS permits a preliminary enquiry within fourteen days for offences punishable with three years or more but less than seven years, subject to prior permission of an officer not below the rank of Deputy Superintendent of Police.
The provision empowering a police officer to arrest a person without a warrant, which also absorbs the earlier notice-of-appearance procedure of Section 41A CrPC into its sub-sections, is found in the BNSS at:
aSection 35
bSection 48
cSection 41
dSection 43
Answer: A
Section 35 BNSS corresponds to Section 41 CrPC (arrest without warrant) and merges the Section 41A CrPC notice procedure into its sub-sections (3) to (7).
Where an offence is punishable for seven years or more, Section 176(3) BNSS makes it mandatory for which of the following to visit the scene of crime to collect evidence, the process being recorded by audio-video electronic means?
aThe Executive Magistrate of the area
bThe Superintendent of Police personally
cA Judicial Magistrate of the first class
dA forensic expert
Answer: D
Section 176(3) BNSS mandates the visit of a forensic expert to the crime scene for collection of forensic evidence in offences punishable with seven years or more, with the process recorded through videography.
Under Section 187 BNSS, for an offence punishable with imprisonment up to ten years, the total period of police custody of fifteen days, though it may be sought in parts, must be exhausted within the first:
a60 days
b90 days
c15 days
d40 days
Answer: D
Section 187 BNSS allows the fifteen-day police custody to be availed in parts; for offences punishable up to ten years (60-day investigation cases) it must be taken within the first forty days, as affirmed by the Supreme Court.
An accused acquires the indefeasible right to default bail under Section 187(3) BNSS if the investigation is not completed within ninety days in the case of an offence punishable with:
aDeath, imprisonment for life, or imprisonment for a term of not less than ten years
bImprisonment up to ten years only
cImprisonment up to seven years
dFine only
Answer: A
Under Section 187(3) BNSS the ninety-day period applies to offences punishable with death, imprisonment for life, or imprisonment for a term of not less than ten years; for all other offences the period is sixty days.
The power of the High Court or Court of Session to grant anticipatory bail to a person apprehending arrest on an accusation of a non-bailable offence is now conferred by the BNSS under:
aSection 482
bSection 480
cSection 438
dSection 483
Answer: A
Section 482 BNSS replaces Section 438 CrPC and provides for anticipatory bail by the High Court or Court of Session.
Section 479 BNSS, dealing with the maximum period of detention of an under-trial prisoner, provides that a first-time offender, who has never been convicted of any offence in the past, shall be released on bond once he has undergone detention for:
aOne-third of the maximum period of imprisonment specified for the offence
bOne-fourth of the maximum period of imprisonment specified for the offence
cOne-half of the maximum period of imprisonment specified for the offence
dThe full maximum period of imprisonment specified for the offence
Answer: A
The first proviso to Section 479(1) BNSS reduces the threshold to one-third of the maximum sentence for a first-time offender, while the general rule for others remains one-half.
A new feature of the BNSS, 2023, not available under the Code of Criminal Procedure, 1973, is the provision for inquiry, trial or judgment in absentia of a proclaimed offender. This is contained in:
aSection 339
bSection 482
cSection 84
dSection 356
Answer: D
Section 356 BNSS introduces, for the first time, a complete mechanism for trial in absentia of a proclaimed offender who has absconded to evade trial.
Under Section 472 BNSS, a convict on whom a sentence of death has been confirmed may file a mercy petition before the President of India within a period of how many days from the date on which the Superintendent of jail informs him of the dismissal of appeal or special leave petition?
a15 days
b30 days
c90 days
d60 days
Answer: B
Section 472(1) BNSS sets a time-bound procedure: a single convict must file the mercy petition within thirty days of being informed of the dismissal, with sixty days where there are multiple convicts.
Under Section 184 BNSS, the registered medical practitioner who examines a woman in a case of rape or attempt to commit rape is required to forward his report to the investigating officer within:
a14 days
b7 days
c3 days
d24 hours
Answer: B
Section 184 BNSS requires the registered medical practitioner to forward the examination report to the investigating officer within seven days, who then forwards it to the Magistrate.
Section 258 BNSS, prescribing a time limit for delivery of judgment, requires the court in a trial to pronounce judgment as soon as possible and in any event within thirty days from the completion of arguments, extendable, for reasons to be recorded in writing, to a maximum of:
a45 days
b90 days
c60 days
d40 days
Answer: A
Section 258 BNSS mandates judgment within thirty days of conclusion of arguments, extendable up to forty-five days for reasons recorded in writing.
Section 530 BNSS, which represents a major procedural shift, provides that all trials, inquiries and proceedings, including the examination of witnesses and recording of evidence, may be held in:
aThe presence of the accused only
bElectronic mode by use of audio-video electronic means
cOpen court only
dCamera proceedings only
Answer: B
Section 530 BNSS statutorily permits trials, inquiries and proceedings, including issuance of summons, examination of witnesses and recording of evidence, to be conducted in electronic mode through audio-video electronic means.
Upon completion of investigation, the police report (charge-sheet) on the basis of which a Magistrate takes cognizance is required to be forwarded under which provision of the BNSS, 2023?
aSection 190
bSection 210
cSection 173
dSection 193
Answer: D
Section 193 BNSS corresponds to Section 173 CrPC and governs the report of the police officer on completion of investigation, including supplementary charge-sheets and further investigation under sub-section (9).
Under the BNSS, 2023, when a police officer in charge of a station decides not to investigate a cognizable case, or where an informant aggrieved by refusal to register information of a cognizable offence approaches the Superintendent of Police, the relevant remedy of sending information to the Magistrate empowered to take cognizance is reflected in the scheme of Section 173 read with the magistrate's power to order investigation under:
aSection 190 CrPC, now Section 210 BNSS
bSection 156(3) CrPC, now Section 175(3) BNSS
cSection 202 CrPC, now Section 225 BNSS
dSection 200 CrPC, now Section 223 BNSS
Answer: B
The Magistrate's power to order police investigation, formerly under Section 156(3) CrPC, is now found in Section 175(3) BNSS, which additionally requires the Magistrate to consider the informant's application supported by the SP-level grievance and an enquiry.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the procedure when investigation cannot be completed within twenty-four hours, and the consequent power of the Magistrate to authorise detention, is contained in -
aSection 167
bSection 173
cSection 190
dSection 187
Answer: D
Section 187 of the BNSS, 2023 corresponds to Section 167 of the old CrPC and deals with detention of the accused when investigation cannot be completed in twenty-four hours.
Under Section 187 of the BNSS, 2023, the maximum period for which the Magistrate may authorise detention of the accused otherwise than in police custody, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more, is -
aOne hundred and eighty days
bSixty days
cNinety days
dSeventy-five days
Answer: C
Section 187(3) BNSS permits detention up to ninety days for offences punishable with death, life imprisonment or imprisonment of ten years or more, and sixty days for any other offence, on expiry of which the accused is entitled to default bail.
A police officer's power to arrest a person without an order from a Magistrate and without a warrant, in cognizable cases, is now governed by which provision of the BNSS, 2023 (corresponding to Section 41 of the old CrPC) -
aSection 47
bSection 41
cSection 35
dSection 43
Answer: C
Section 35 of the BNSS, 2023 is the successor to Section 41 CrPC and governs when a police officer may arrest without a warrant in cognizable cases.
Under Section 35(7) of the BNSS, 2023, in the case of an offence punishable with imprisonment for less than three years, no arrest of a person who is infirm or above sixty years of age shall be made except with the prior permission of an officer not below the rank of -
aInspector of Police
bDeputy Superintendent of Police
cSuperintendent of Police
dSub-Inspector of Police
Answer: B
Section 35(7) BNSS introduces a safeguard requiring prior permission of an officer not below the rank of Deputy Superintendent of Police before arresting an infirm person or one above sixty years for an offence punishable with less than three years' imprisonment.
The concept of registration of a First Information Report irrespective of the territorial jurisdiction in which the offence is committed (popularly the 'Zero FIR') has been statutorily recognised for the first time under which provision of the BNSS, 2023 -
aSection 154
bSection 176
cSection 179
dSection 173
Answer: D
Section 173 BNSS (corresponding to Section 154 CrPC) now codifies registration of an FIR irrespective of the area where the offence is committed, giving statutory recognition to the Zero FIR.
Under the BNSS, 2023, a forensic expert is mandatorily required to visit the scene of crime to collect forensic evidence where the offence is punishable with imprisonment for a term of -
aSeven years or more
bFive years or more
cTen years or more
dThree years or more
Answer: A
Section 176(3) BNSS makes it mandatory for a forensic expert to visit the crime scene and for the proceedings to be videographed where the offence is punishable with seven years' imprisonment or more.
Under Section 105 of the BNSS, 2023, where any search or seizure is conducted, the process shall be recorded through audio-video electronic means, and such recording shall be forwarded without delay to the -
aPublic Prosecutor concerned
bSuperintendent of Police of the district
cDistrict Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class
dDirector General of Police
Answer: C
Section 105 BNSS makes audio-video recording of search and seizure mandatory and requires the police officer to forward the recording to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class without delay.
The provision in the BNSS, 2023 enabling a trial to be conducted in absentia against a proclaimed offender who has absconded to evade trial, a novel feature absent in the old CrPC, is -
aSection 366
bSection 356
cSection 346
dSection 339
Answer: B
Section 356 BNSS is a new provision permitting inquiry and trial in absentia of a proclaimed offender who has absconded, with no equivalent in the CrPC, 1973.
Under Section 479 of the BNSS, 2023, a first-time offender who has never been convicted of any offence in the past shall, as a general rule, be released on bond if he has undergone detention as an undertrial for a period extending up to -
aOne-third of the maximum period of imprisonment specified for the offence
bOne-half of the maximum period of imprisonment specified for the offence
cOne-fourth of the maximum period of imprisonment specified for the offence
dThe maximum period of imprisonment specified for the offence
Answer: A
The first proviso to Section 479(1) BNSS provides that a first-time offender shall be released on bond after undergoing detention up to one-third of the maximum period of imprisonment, as against one-half for other undertrials.
Under the Bharatiya Nyaya Sanhita, 2023, when a group of five or more persons acting in concert commits murder on a ground such as race, caste, community, sex, place of birth, language or personal belief, the offence (commonly called mob lynching) is punishable under -
aSection 103(1) BNS
bSection 101 BNS
cSection 103(2) BNS
dSection 117(4) BNS
Answer: C
Section 103(2) BNS is the newly introduced provision punishing 'mob lynching', i.e. murder by a group of five or more on the specified discriminatory grounds, with death or life imprisonment and fine. Section 103(1) covers ordinary murder.
Which provision of the Bharatiya Nyaya Sanhita, 2023 newly introduces 'community service' as a recognised form of punishment, a category that had no counterpart in the Indian Penal Code, 1860?
aSection 23 BNS
bSection 4 BNS
cSection 3 BNS
dSection 8 BNS
Answer: B
Section 4 BNS enumerates the kinds of punishment - death, imprisonment for life, imprisonment, forfeiture of property, fine and, for the first time, community service.
Section 22 of the Bharatiya Nyaya Sanhita, 2023 (act of a person incapable of judgment) replaces the expression used in Section 84 of the Indian Penal Code. The IPC expression 'unsoundness of mind' has been substituted in the BNS by -
a'mental incapacity'
b'insanity'
c'mental illness'
d'idiocy or lunacy'
Answer: C
Section 22 BNS uses 'mental illness' in place of the IPC's 'unsoundness of mind', and the explanation clarifies that this expression does not include voluntary intoxication.
'A', a registered medical practitioner, causes the death of a patient by a rash or negligent act while performing a medical procedure, the act not amounting to culpable homicide. Under the Bharatiya Nyaya Sanhita, 2023 the maximum term of imprisonment to which 'A' is liable is -
aTwo years
bTen years
cSeven years
dFive years
Answer: A
Under the proviso to Section 106(1) BNS, where death by a rash or negligent act is caused by a registered medical practitioner in the course of a medical procedure, the term may extend to two years (instead of the general five years) and fine.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'snatching' has been introduced as a distinct offence. The maximum term of imprisonment prescribed for snatching is -
aFive years
bSeven years
cThree years
dOne year
Answer: C
Section 304 BNS makes snatching a new, distinct offence punishable with imprisonment up to three years and fine, lower than the seven years for theft under Section 303.
The offence of cheating and dishonestly inducing delivery of property, which corresponded to Section 420 of the Indian Penal Code, is now contained in which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 420 BNS
bSection 316 BNS
cSection 318 BNS
dSection 336 BNS
Answer: C
Cheating is dealt with under Section 318 BNS; sub-section (4), corresponding to the old Section 420 IPC, punishes cheating and dishonestly inducing delivery of property with imprisonment up to seven years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, a woman's death caused by burns or bodily injury otherwise than under normal circumstances, in connection with a demand for dowry, attracts the offence of dowry death only if such death occurs -
aWithin three years of marriage
bWithin five years of marriage
cWithin seven years of marriage
dAt any time during the subsistence of marriage
Answer: C
Section 80 BNS (corresponding to Section 304B IPC) requires that the death occur within seven years of marriage and be shown to have been preceded by cruelty or harassment for dowry.
Section 69 of the Bharatiya Nyaya Sanhita, 2023 introduces an offence with no exact counterpart in the Indian Penal Code. It punishes sexual intercourse obtained by -
aAdministering a stupefying substance to a woman
bAbuse of a position of authority over a woman in custody
cInducing a woman to be his wife by impersonation
dDeceitful means or by making a false promise to marry without intention of fulfilling it
Answer: D
Section 69 BNS punishes sexual intercourse obtained by 'deceitful means' or a false promise of marriage made without any intention of fulfilling it, with imprisonment up to ten years and fine.
Under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023, the minimum term of rigorous imprisonment prescribed for the offence of rape (in cases not falling under the aggravated category) is -
aFive years
bTen years
cFourteen years
dSeven years
Answer: B
Section 64(1) BNS provides rigorous imprisonment of not less than ten years, which may extend to imprisonment for life, and fine.
The offence of criminal conspiracy, defined in Section 120A and made punishable by Section 120B of the Indian Penal Code, is now defined and punished under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 152 BNS
bSection 59 BNS
cSection 61 BNS
dSection 120 BNS
Answer: C
Section 61 BNS defines criminal conspiracy (sub-section 1) and prescribes its punishment (sub-section 2), consolidating Sections 120A and 120B IPC.
Under Section 111 of the Bharatiya Nyaya Sanhita, 2023, where the commission of an organised crime has resulted in the death of any person, the offender shall be punished with death or imprisonment for life, and also liable to a minimum fine of -
aOne lakh rupees
bFive lakh rupees
cTen lakh rupees
dTwenty-five lakh rupees
Answer: C
Section 111(2)(a) BNS punishes organised crime resulting in death with death or life imprisonment and a fine of not less than ten lakh rupees.
The offence of a 'terrorist act' has been incorporated for the first time into the general criminal code under the Bharatiya Nyaya Sanhita, 2023. It is defined and made punishable under -
aSection 147 BNS
bSection 152 BNS
cSection 113 BNS
dSection 111 BNS
Answer: C
Section 113 BNS defines and punishes a 'terrorist act'; where it results in the death of a person it attracts death or imprisonment for life with a fine of not less than ten lakh rupees.
'A' instigates 'B', a person of sound mind, to commit suicide and 'B' in consequence commits suicide. Under the Bharatiya Nyaya Sanhita, 2023, the offence committed by 'A' (abetment of suicide) falls under -
aSection 108 BNS
bSection 106 BNS
cSection 107 BNS
dSection 109 BNS
Answer: A
Section 108 BNS punishes abetment of suicide with imprisonment which may extend to ten years and fine (corresponding to Section 306 IPC).
Under the Bharatiya Nyaya Sanhita, 2023, culpable homicide is defined in Section 100 and murder in Section 101. The general punishment for the offence of murder is provided in -
aSection 101 BNS
bSection 102 BNS
cSection 105 BNS
dSection 103 BNS
Answer: D
Murder is defined in Section 101 BNS, while Section 103(1) BNS prescribes its punishment - death or imprisonment for life and fine.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of theft, which corresponded to Sections 378 and 379 of the Indian Penal Code, is now contained in -
aSection 300 BNS
bSection 303 BNS
cSection 378 BNS
dSection 379 BNS
Answer: B
Theft is defined and punished under Section 303 BNS, which carries imprisonment up to three years, or fine, or both (and provision for community service for a first-time petty theft offender).
Under the Bharatiya Nyaya Sanhita, 2023, the general punishment for murder is provided in:
aSection 300
bSection 101
cSection 103
dSection 302
Answer: C
Section 101 BNS defines murder, while Section 103 BNS prescribes its punishment (death or imprisonment for life and fine). The old IPC scheme (Sections 300/302) no longer applies.
'A', a registered medical practitioner, causes the death of a patient while performing a medical procedure by a rash or negligent act not amounting to culpable homicide. Under Section 106 BNS, the maximum imprisonment to which A is liable is:
aFive years
bTen years
cSeven years
dTwo years
Answer: D
The proviso to Section 106(1) BNS provides that where death is caused by a registered medical practitioner while performing a medical procedure, the imprisonment may extend to two years (against the general limit of five years).
Which of the following is, for the first time, made a distinct offence under the Bharatiya Nyaya Sanhita, 2023, dealt with separately from theft?
aSnatching
bDacoity
cExtortion
dCriminal misappropriation
Answer: A
Section 304 BNS introduces 'snatching' as a distinct offence, defining it as theft where the offender suddenly, quickly or forcibly seizes or grabs movable property, punishable with imprisonment up to three years and fine.
A person commits theft for the first time, the value of the stolen property being less than five thousand rupees, and on being apprehended returns or restores the property. Under Section 303 BNS, such a person:
aShall be punished with imprisonment which may extend to three years
bShall be punished with community service
cShall be punished with rigorous imprisonment of not less than one year
dShall be discharged without any penalty
Answer: B
The proviso to Section 303(2) BNS provides that a first-time offender who restores stolen property worth less than five thousand rupees shall be punished with community service.
Under the second proviso to Article 368 of the Constitution of India, certain amendments require, in addition to the special majority in each House, ratification by the Legislatures of:
aNot less than one-half of the States
bNot less than two-thirds of the States
cAll the States
dNot less than one-third of the States
Answer: A
The second proviso to Article 368(2) requires that amendments touching the federal provisions (e.g. election of the President, distribution of legislative powers, the Seventh Schedule) be ratified by the Legislatures of not less than one-half of the States before presentation to the President.
The doctrine of 'basic structure' of the Constitution was propounded by the Supreme Court for the first time in:
aKesavananda Bharati v. State of Kerala
bGolak Nath v. State of Punjab
cMinerva Mills v. Union of India
dIndira Nehru Gandhi v. Raj Narain
Answer: A
In Kesavananda Bharati v. State of Kerala (1973) the Supreme Court held that Parliament's amending power under Article 368 does not extend to altering the basic structure of the Constitution.
The Ninety-ninth Constitutional Amendment, which established the National Judicial Appointments Commission (NJAC), was struck down by the Supreme Court in 2015 on the ground that it violated:
aThe federal distribution of powers
bArticle 14 alone
cThe independence of the judiciary, a basic feature of the Constitution
dThe doctrine of pleasure
Answer: C
In the NJAC case (Supreme Court Advocates-on-Record Association v. Union of India, 2015) a five-Judge Bench, by 4:1, struck down the 99th Amendment and the NJAC Act as destructive of judicial independence, a part of the basic structure.
Even during the operation of a Proclamation of Emergency, the enforcement of the rights conferred by which Articles can never be suspended under Article 359?
aArticles 14 and 19
bArticles 20 and 21
cArticles 21 and 22
dArticles 19 and 21
Answer: B
After the Forty-fourth Amendment, the proviso to Article 359(1) bars the suspension of the enforcement of the rights under Articles 20 and 21 during an Emergency.
The power of the President to promulgate Ordinances during the recess of Parliament is contained in:
aArticle 123
bArticle 356
cArticle 352
dArticle 213
Answer: A
Article 123 empowers the President to promulgate Ordinances when both Houses of Parliament are not in session and immediate action is necessary; Article 213 is the corresponding power of a Governor.
The Constitution of India provides that there shall be a separation of the judiciary from the executive in the public services of the State. This is contained in:
aArticle 48
bArticle 50
cArticle 44
dArticle 39A
Answer: B
Article 50, a Directive Principle of State Policy, directs the State to take steps to separate the judiciary from the executive in the public services of the State.
The advisory jurisdiction of the Supreme Court of India, under which the President may refer a question of law or fact of public importance for its opinion, is provided in:
aArticle 143
bArticle 32
cArticle 137
dArticle 131
Answer: A
Under Article 143, the President may refer to the Supreme Court any question of law or fact of public importance for its opinion, and the Court may report its opinion thereon.
The Finance Commission, constituted at the expiration of every fifth year, is provided for under which Article of the Constitution?
aArticle 324
bArticle 280
cArticle 263
dArticle 148
Answer: B
Article 280 requires the President to constitute a Finance Commission every fifth year (or earlier) to recommend the distribution of taxes between the Union and the States.
Parliament may, if the Council of States declares by resolution supported by not less than two-thirds of the members present and voting, create new All India Services. This power flows from:
aArticle 315
bArticle 312
cArticle 310
dArticle 309
Answer: B
Under Article 312, if the Rajya Sabha passes a resolution by a two-thirds majority that it is necessary in the national interest, Parliament may by law create one or more All India Services.
The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to Parliament and State Legislatures is vested in the Election Commission under:
aArticle 324
bArticle 243K
cArticle 329
dArticle 326
Answer: A
Article 324 vests the superintendence, direction and control of elections to Parliament, State Legislatures, and the offices of President and Vice-President in the Election Commission of India.
Where the President is satisfied that a situation has arisen in which the government of a State cannot be carried on in accordance with the provisions of the Constitution, the Proclamation issued is made under:
aArticle 365
bArticle 360
cArticle 352
dArticle 356
Answer: D
Article 356 empowers the President, on a report from the Governor or otherwise, to issue a Proclamation of President's Rule on the failure of constitutional machinery in a State.
The Comptroller and Auditor-General of India, whose duty is to audit the accounts of the Union and the States, is appointed by the President under:
aArticle 124
bArticle 315
cArticle 148
dArticle 76
Answer: C
Article 148 provides for a Comptroller and Auditor-General of India appointed by the President, who can be removed only in like manner and on like grounds as a Judge of the Supreme Court.
An order to a public official or authority commanding the performance of a public or statutory duty which it has failed to perform is issued by way of the writ of:
aMandamus
bCertiorari
cProhibition
dQuo warranto
Answer: A
The writ of mandamus, available under Articles 32 and 226, is a command issued to compel a public authority to perform a public duty which it is bound but has refused or failed to perform.
The words "Socialist", "Secular" and "Integrity" were inserted into the Preamble of the Constitution of India by which Constitutional Amendment?
aThe 24th Amendment, 1971
bThe 44th Amendment, 1978
cThe 42nd Amendment, 1976
dThe 52nd Amendment, 1985
Answer: C
The 42nd Amendment Act, 1976 amended the Preamble to add the words 'Socialist', 'Secular' and 'Integrity', changing the description of India to a 'Sovereign Socialist Secular Democratic Republic'.
Fundamental Duties of citizens are contained in which Part and Article of the Constitution of India?
aPart IV, Article 48-A
bPart IV-A, Article 51-A
cPart III, Article 35
dPart IV, Article 50
Answer: B
Part IV-A, comprising Article 51-A, was inserted by the 42nd Amendment Act, 1976 on the recommendation of the Swaran Singh Committee and lists the Fundamental Duties of citizens.
By the 44th Amendment Act, 1978, the right to property ceased to be a fundamental right and was made a constitutional/legal right under which Article?
aArticle 19(1)(f)
bArticle 31
cArticle 300-A
dArticle 31-C
Answer: C
The 44th Amendment, 1978 omitted Article 19(1)(f) and Article 31 from Part III and inserted Article 300-A in Part XII, making the right to property only a legal right.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that no confession made to a police officer shall be proved as against a person accused of any offence is contained in:
aSection 27
bSection 23
cSection 25
dSection 22
Answer: B
Section 23(1) of the BSA, 2023 bars proof of a confession made to a police officer against the accused; it corresponds to the old Section 25 of the Indian Evidence Act, 1872.
Under the BSA, 2023, the principle that so much of the information received from an accused in police custody as distinctly relates to the fact thereby discovered may be proved is found in:
aSection 23(2), proviso
bSection 24(1)
cSection 27 as a separate section
dSection 22, proviso
Answer: A
The 'discovery of fact' rule (old Section 27 IEA) is retained in the BSA as the proviso to Section 23(2), permitting proof of so much of the information as relates distinctly to the fact discovered.
A statement made by a person, since deceased, as to the cause of his death or the circumstances of the transaction resulting in his death (a dying declaration) is made relevant under which provision of the BSA, 2023?
aSection 26
bSection 32
cSection 24
dSection 39
Answer: A
Section 26 of the BSA, 2023 deals with statements of relevant facts by persons who are dead or cannot be found, including dying declarations; it corresponds to old Section 32 of the IEA.
When the Court has to form an opinion upon a point of foreign law, science or art, or as to identity of handwriting or finger impressions, the opinion of a person specially skilled is relevant under:
aSection 45 of the BSA, 2023
bSection 41 of the BSA, 2023
cSection 39 of the BSA, 2023
dSection 47 of the BSA, 2023
Answer: C
Section 39 of the BSA, 2023 (corresponding to old Section 45 IEA) makes the opinion of experts relevant; opinion as to handwriting and signature is separately dealt with in Section 41.
Under the BSA, 2023, the provision that an electronic or digital record shall not be denied admissibility merely on the ground that it is an electronic record, and shall have the same legal effect as other documents, is:
aSection 65B
bSection 63
cSection 62
dSection 61
Answer: D
Section 61 of the BSA, 2023 affirms the admissibility and legal effect of electronic or digital records, subject to Section 63 which deals with their admissibility along with the requisite certificate.
Where a question is whether a person has committed the dowry death of a woman and it is shown that soon before her death she was subjected to cruelty or harassment in connection with a demand for dowry, the Court shall presume that such person caused the dowry death. This presumption appears in which section of the BSA, 2023?
aSection 118
bSection 119
cSection 117
dSection 116
Answer: A
Section 118 of the BSA, 2023 (old Section 113B IEA) raises a mandatory presumption of dowry death once cruelty or harassment soon before death in connection with a dowry demand is shown.
Under the BSA, 2023, an accomplice is 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 in:
aSection 138
bSection 124
cSection 139
dSection 133
Answer: A
Section 138 of the BSA, 2023 (corresponding to the old Section 133 IEA) declares an accomplice a competent witness; as enacted, it states that a conviction is not illegal if it proceeds upon the 'corroborated' testimony of an accomplice (the word 'uncorroborated' in IEA s.133 was changed to 'corroborated').
The rule that no particular number of witnesses shall in any case be required for the proof of any fact is contained in which section of the BSA, 2023?
aSection 142
bSection 134
cSection 139
dSection 137
Answer: C
Section 139 of the BSA, 2023 (old Section 134 IEA) provides that no particular number of witnesses is required to prove any fact, emphasising quality over quantity of evidence.
Under the BSA, 2023, the order of examination of a witness is that he shall be first examined-in-chief, then cross-examined (if the adverse party so desires), and then re-examined (if the party calling him so desires). This is laid down in:
aSection 142
bSection 145
cSection 146
dSection 138
Answer: A
Section 142 of the BSA, 2023 deals with the examination of witnesses and prescribes the order: examination-in-chief, cross-examination and re-examination.
Under the BSA, 2023, a 'leading question' (any question suggesting the answer which the person putting it wishes or expects to receive) is dealt with under:
aSection 146
bSection 151
cSection 141
dSection 143
Answer: A
Section 146 of the BSA, 2023 (old Section 141 IEA) defines a leading question as one suggesting the answer the questioner wishes or expects to receive.
A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction, or so soon afterwards that the Court considers it likely that the transaction was then fresh in his memory. This is permitted under which section of the BSA, 2023?
aSection 165
bSection 162
cSection 160
dSection 159
Answer: B
Section 162 of the BSA, 2023 (old Section 159 IEA) allows a witness to refresh his memory by reference to a contemporaneous writing made or verified by him.
Under the BSA, 2023, the bar on disclosure of communications made between spouses during marriage (privileged communications during marriage) is contained in:
aSection 132
bSection 122
cSection 126
dSection 128
Answer: D
Section 128 of the BSA, 2023 (old Section 122 IEA) protects marital communications, barring their disclosure except in suits between the spouses or where one is prosecuted for a crime against the other.
Under Section 7 of the Arbitration and Conciliation Act, 1996, an arbitration agreement may be in the form of:
aOnly a separate arbitration agreement signed by both parties
bEither an arbitration clause in a contract or a separate agreement
cAny oral understanding between the parties to refer disputes to arbitration
dOnly an arbitration clause forming part of the main contract
Answer: B
Section 7(2) provides that an arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement, and Section 7(3) requires it to be in writing.
What is the minimum number of arbitrators permissible under the Arbitration and Conciliation Act, 1996, where the parties have agreed on an even number?
aThe number must always be odd, and any even-number agreement is void
bParties may determine any number provided it is not an even number
cA sole arbitrator is mandatory in every case
dThe maximum permissible number is fixed at three arbitrators
Answer: B
Section 10(1) provides that parties are free to determine the number of arbitrators, provided that such number shall not be an even number; failing agreement, the tribunal shall consist of a sole arbitrator under Section 10(2).
A judicial authority before which an action is brought in a matter that is the subject of an arbitration agreement must refer the parties to arbitration on an application under Section 8, if such application is made:
aNot later than the date of submitting the first statement on the substance of the dispute
bOnly before the institution of the suit
cWithin thirty days of receipt of summons in all cases
dAt any time before the final judgment is pronounced
Answer: A
Section 8(1), as amended in 2015, requires the party to apply not later than the date of submitting its first statement on the substance of the dispute, and the court shall refer unless it finds prima facie no valid arbitration agreement exists.
The doctrine that an arbitral tribunal may rule on its own jurisdiction, including any objection to the existence or validity of the arbitration agreement, is embodied in which provision of the Arbitration and Conciliation Act, 1996?
aSection 34
bSection 11
cSection 5
dSection 16
Answer: D
Section 16 embodies the principle of kompetenz-kompetenz, empowering the arbitral tribunal to rule on its own jurisdiction; it also treats the arbitration clause as an agreement independent of the other terms of the contract (separability).
Under Section 29A of the Arbitration and Conciliation Act, 1996 (as amended in 2019), the arbitral award in matters other than international commercial arbitration shall be made within a period of:
aTwelve months from the date of completion of pleadings under Section 23(4)
bSix months from the constitution of the arbitral tribunal
cEighteen months from the date of the arbitration agreement
dTwelve months from the date of reference under Section 21
Answer: A
After the 2019 amendment, Section 29A(1) requires the award in matters other than international commercial arbitration to be made within twelve months from the date of completion of pleadings under Section 23(4), extendable by six months by consent.
An application for setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 must be made within how many months from the date of receipt of the award?
aOne month
bTwo months
cSix months
dThree months
Answer: D
Section 34(3) prescribes three months from the date of receipt of the award, with a further extendable period of thirty days on sufficient cause, but not thereafter.
In which case did the Supreme Court hold that the 'public policy of India' ground for setting aside an award under Section 34 does not permit a review of the award on its merits?
aBhatia International v. Bulk Trading S.A.
bSsangyong Engineering & Construction Co. Ltd. v. NHAI
cRenusagar Power Co. Ltd. v. General Electric Co.
dONGC Ltd. v. Saw Pipes Ltd.
Answer: B
In Ssangyong Engineering (2019), the Supreme Court clarified the narrowed scope of public policy after the 2015 amendment, holding that the patent illegality and public policy grounds do not permit a merits review of the award.
Under Section 36 of the Arbitration and Conciliation Act, 1996 (as amended in 2015), the mere filing of an application to set aside an award under Section 34:
aAutomatically stays enforcement of the award until disposal of the application
bConverts the award into a decree only after limitation expires
cBars enforcement only in international commercial arbitration
dDoes not by itself render the award unenforceable; a separate stay must be sought
Answer: D
Post the 2015 amendment to Section 36, the filing of a Section 34 application does not automatically stay the award; the court may grant a stay on a separate application, subject to conditions.
Which of the following orders is NOT appealable under Section 37 of the Arbitration and Conciliation Act, 1996?
aAn order refusing to refer the parties to arbitration under Section 8
bAn order granting or refusing an interim measure under Section 9
cAn order of the arbitral tribunal rejecting a plea of want of jurisdiction under Section 16(2) or 16(3)
dAn order setting aside or refusing to set aside an award under Section 34
Answer: C
Section 37(2)(a) makes appealable an order of the tribunal accepting a plea referred to in Section 16(2) or 16(3); an order rejecting such a plea is not appealable under Section 37 and can only be challenged later under Section 34 against the final award.
Under Section 9 of the Arbitration and Conciliation Act, 1996, a party may apply to a court for an interim measure of protection:
aOnly where the arbitral tribunal has been constituted
bOnly after the arbitral award is made
cOnly during the arbitral proceedings
dBefore or during arbitral proceedings, or at any time after the award but before its enforcement
Answer: D
Section 9(1) permits a party to seek interim measures before or during the arbitral proceedings or at any time after the making of the award but before its enforcement under Section 36.
The Arbitration and Conciliation (Amendment) Act, 2015 introduced Section 11(6A), which directed the Supreme Court or High Court, while considering an application for appointment of an arbitrator, to confine its examination to:
aThe existence of an arbitration agreement
bWhether the dispute is arbitrable in substance
cWhether the claim is barred by limitation
dThe merits of the underlying dispute
Answer: A
Section 11(6A), inserted in 2015, confined the court's examination at the appointment stage to the existence of an arbitration agreement, notwithstanding any judgment to the contrary.
Under Section 2(d) of the Indian Contract Act, 1872, consideration may move:
aOnly from the promisee
bOnly from the promisor
cOnly from a party to the contract
dFrom the promisee or any other person
Answer: D
Section 2(d) defines consideration as an act, abstinence or promise done 'by the promisee or any other person', thereby recognising consideration moving from a stranger to the consideration (the doctrine in Chinnaya v. Ramayya).
An agreement made without consideration is valid under Section 25 of the Indian Contract Act if it is:
aA promise to pay any debt which is not yet barred by limitation
bAn oral promise made out of natural love and affection between near relations
cExpressed in writing, registered, and made on account of natural love and affection between parties standing in near relation to each other
dA promise to compensate a person who is about to do something for the promisor
Answer: C
The first exception in Section 25 requires the agreement to be in writing, registered, AND made on account of natural love and affection between parties in near relation; an oral promise alone is insufficient.
bEnforceable against the minor but not in his favour
cValid if ratified on attaining majority
dVoid ab initio
Answer: D
Reading Section 11 with Mohori Bibee v. Dharmodas Ghose (1903), a minor is incompetent to contract and his agreement is void ab initio; it cannot be ratified on majority.
A supplies necessaries suited to his condition in life to B, a lunatic. Under Section 68 of the Indian Contract Act, A is entitled to be reimbursed:
aFrom B's legal guardian personally
bPersonally from B
cHe cannot recover anything as the contract is void
dFrom the property of B
Answer: D
Section 68 creates a quasi-contractual claim: the supplier of necessaries to a person incapable of contracting is entitled to reimbursement only from the property of such incapable person, not personally.
Under Section 30 of the Indian Contract Act, an agreement by way of wager is:
aVoidable at the option of the loser
bValid and enforceable like any other contract
cVoid as well as forbidden by law
dVoid but not forbidden, and no suit lies to recover anything won thereon
Answer: D
Section 30 declares wagering agreements void and bars any suit to recover sums won; however a wager is merely void and unenforceable, not illegal or forbidden by law.
The doctrine of frustration of contract under Indian law is statutorily embodied in:
aSection 39 of the Indian Contract Act
bSection 56 of the Indian Contract Act
cSection 73 of the Indian Contract Act
dSection 65 of the Indian Contract Act
Answer: B
Section 56 (agreement to do an impossible/subsequently impossible act) is the statutory home of the doctrine of frustration, as held in Satyabrata Ghose v. Mugneeram Bangur & Co., AIR 1954 SC 44, where 'impossible' was read in a practical, not literal, sense.
Where a contract has been broken and a sum is named in the contract as the amount to be paid in case of such breach, under Section 74 the aggrieved party is entitled to receive:
aTwice the actual loss as exemplary damages
bThe entire sum named, irrespective of actual loss
cOnly the actual loss proved, with the named sum being wholly irrelevant
dReasonable compensation not exceeding the sum named, whether or not actual loss is proved
Answer: D
Section 74 entitles the party to reasonable compensation not exceeding the amount named, whether or not actual damage is proved; Fateh Chand v. Balkishan Das, AIR 1963 SC 1405, held the court awards reasonable compensation and does not enforce the penalty as such.
A contract of guarantee under Section 126 of the Indian Contract Act involves:
aTwo parties only: the surety and the creditor
bThree parties: the principal debtor, the creditor and the surety
cTwo parties only: the indemnifier and the indemnified
dThree parties: the bailor, the bailee and the pawnee
Answer: B
Section 126 defines a contract of guarantee as a contract to perform the promise, or discharge the liability, of a third person in case of his default, and necessarily involves three persons - principal debtor, creditor and surety.
Under Section 128 of the Indian Contract Act, the liability of the surety is:
aLimited to half the amount of the principal debt
bCo-extensive with that of the principal debtor, unless otherwise provided by the contract
cSecondary and arises only after the creditor exhausts remedies against the principal debtor
dIndependent of the liability of the principal debtor in all cases
Answer: B
Section 128 provides that the liability of the surety is co-extensive with that of the principal debtor, unless otherwise provided by the contract; the creditor need not first proceed against the principal debtor.
A plaint is presented to a Civil Judge in Delhi after the period of limitation prescribed in the Schedule has expired, but the defendant does not raise the bar of limitation in his written statement. Under Section 3 of the Limitation Act, 1963, the court:
amust dismiss the suit as barred by limitation, even though limitation has not been set up as a defence
bmay proceed with the suit since the defendant has waived the objection
ccannot dismiss the suit unless limitation is expressly pleaded by the defendant
dmust refer the issue of limitation to the High Court for an opinion
Answer: A
Section 3 makes it the duty of the court to dismiss any suit, appeal or application instituted after the prescribed period, even where limitation has not been set up as a defence by the opposite party.
The benefit of Section 5 of the Limitation Act, 1963 (condonation of delay on sufficient cause) is, as a rule, available to:
aappeals and applications (other than those under Order XXI CPC), but not to suits
bsuits only, and not to appeals or applications
csuits, appeals and applications alike
donly execution applications under Order XXI CPC
Answer: A
Section 5 permits extension of the prescribed period on sufficient cause only for appeals and applications, and it expressly does not apply to suits or to applications made under any provision of Order XXI of the CPC.
Under the Schedule to the Limitation Act, 1963, a suit for possession of immovable property based on title (Article 65) is barred after a period of:
athree years from when the right to sue accrues
btwelve years from the date of dispossession
ctwelve years from when the possession of the defendant becomes adverse to the plaintiff
dthirty years from when the right to sue first accrues
Answer: C
Article 65 prescribes twelve years for a title-based suit for possession, with time running from when the defendant's possession becomes adverse to the plaintiff; dispossession is the starting point under Article 64, not Article 65.
'A', recorded owner of a plot in Delhi, allows the twelve-year period for a suit for possession against 'B', who has been in adverse possession, to expire without filing suit. The effect under Section 27 of the Limitation Act, 1963 is that:
aonly A's remedy is barred, but A's right to the property survives
bA's right to the property itself is extinguished
cB acquires title only upon registration of a fresh sale deed
dA retains the right but must obtain leave of court to enforce it
Answer: B
Section 27 is an exception to the general rule that limitation bars only the remedy: on expiry of the period for a suit for possession, the right to the property itself is extinguished.
For an acknowledgment of liability in writing to give rise to a fresh period of limitation under Section 18 of the Limitation Act, 1963, the acknowledgment must be:
amade and signed before the expiration of the prescribed period
bmade after expiry but within thirty days thereof
cmade at any time, whether before or after expiry of the period
doral, provided it is later reduced to writing by the creditor
Answer: A
Section 18 requires the acknowledgment of liability to be in writing, signed by the party (or his agent), and made before the expiration of the prescribed period; an acknowledgment after expiry cannot revive a time-barred claim.
Where the prescribed period for filing an appeal in the District Court at Delhi expires on a day when the court is closed, Section 4 of the Limitation Act, 1963 provides that the appeal may be filed:
aonly after obtaining condonation of delay under Section 5
bon the day the court reopens
cwithin thirty days after the court reopens
don the last working day preceding the closure
Answer: B
Section 4 provides that where the prescribed period expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day the court reopens.
In computing the period of limitation for an appeal under the Limitation Act, 1963, Section 12 requires the exclusion of:
athe time spent in pursuing a wrong remedy in good faith
bonly the day on which the decree was pronounced
cthe day from which the period is to be reckoned and the time requisite for obtaining a copy of the decree appealed from
dthe entire vacation period of the appellate court
Answer: C
Section 12 excludes the day from which the period is reckoned and, for an appeal, the time requisite for obtaining a copy of the decree or order appealed from (and of the judgment).
An application to set aside an ex parte decree passed by a Civil Judge is governed by Article 123 of the Schedule to the Limitation Act, 1963, which prescribes a period of:
athree years from the date of the decree
bthirty days from the date of the decree (or, where the summons was not duly served, from knowledge of the decree)
cninety days from the date of the decree
dsixty days from the date of the decree
Answer: B
Article 123 prescribes thirty days to apply to set aside an ex parte decree, computed from the date of the decree, or, where the summons or notice was not duly served, from when the applicant had knowledge of the decree.
After the Specific Relief (Amendment) Act, 2018, which of the following best describes the nature of specific performance of a contract under Section 10 of the Specific Relief Act, 1963?
aIt has been abolished and replaced wholly by the remedy of substituted performance
bIt can be granted only where the subject matter of the contract is immovable property
cIt remains a purely discretionary relief which the court may grant only where damages are inadequate
dIt is now a relief which the court shall enforce, subject to the provisions of Sections 11(2), 14 and 16
Answer: D
The 2018 amendment recast Section 10 so that the court 'shall' enforce specific performance subject to Sections 11(2), 14 and 16, converting it from a discretionary remedy into a general rule.
Under Section 6 of the Specific Relief Act, 1963, a person dispossessed of immovable property otherwise than in due course of law may recover possession by such suit. No suit under this section shall be brought:
aAfter the expiry of one year from the date of dispossession, or against a State Government only
bAfter the expiry of three years from the date of dispossession
cAfter the expiry of six months from the date of dispossession, or against the Government
dUnless the plaintiff first establishes a subsisting title to the property
Answer: C
Section 6(2) bars a suit under that section after the expiry of six months from the date of dispossession, and also bars any such suit against the Government.
Which of the following contracts is NOT specifically enforceable under Section 14 of the Specific Relief Act, 1963, as amended in 2018?
aA contract for the sale of a specific immovable property
bA contract supported by adequate consideration
cA contract which is in its nature determinable
dA contract for the transfer of shares of a specified company
Answer: C
Section 14 (post-2018) lists a contract which is in its nature determinable as one that cannot be specifically enforced, along with contracts for which substituted performance has been obtained, those involving a continuous duty the court cannot supervise, and those dependent on personal qualifications.
Under Section 16(c) of the Specific Relief Act, 1963, as amended, a plaintiff seeking specific performance must:
aProve that he has performed or has always been ready and willing to perform the essential terms of the contract on his part
bInvariably tender the entire purchase money into court before filing the suit
cEstablish that the defendant alone was at fault for non-performance
dShow that the contract was registered under the Registration Act, 1908
Answer: A
Section 16(c) requires the plaintiff to aver and prove performance, or readiness and willingness to perform, the essential terms of the contract; the Explanation clarifies that he need not actually tender money except when directed by the court.
Under Section 2(1)(i) of the Commercial Courts Act, 2015, the "Specified Value" of a commercial dispute, as presently amended, shall not be less than which of the following amounts (or such higher value as may be notified by the Central Government)?
aRupees one crore
bRupees ten lakh
cRupees one lakh
dRupees three lakh
Answer: D
Section 2(1)(i) read with the 2018 Amendment fixes the floor of the Specified Value at three lakh rupees (reduced from the original one crore), or such higher value as the Central Government may notify.
Before its amendment in 2018, the minimum "Specified Value" required for a dispute to be treated as a commercial dispute under the Commercial Courts Act, 2015 was:
aRupees fifty lakh
bRupees twenty-five lakh
cRupees three lakh
dRupees one crore
Answer: D
As originally enacted, the Specified Value threshold was one crore rupees; the 2018 Amendment Act reduced it to three lakh rupees to bring more disputes within the Act's ambit.
Section 12A of the Commercial Courts Act, 2015 makes pre-institution mediation a mandatory pre-condition to filing a suit EXCEPT where:
aThe defendant is a Government company
bThe suit contemplates any urgent interim relief
cThe suit is valued below rupees one crore
dThe dispute arises out of an arbitration agreement
Answer: B
Section 12A requires a plaintiff to exhaust pre-institution mediation before instituting a suit, but this requirement does not apply where the suit contemplates any urgent interim relief.
Under Section 4 of the Indian Partnership Act, 1932, partnership is the relation between persons who have agreed to share the:
aManagement and control of a business in equal measure
bCapital and assets brought into the common stock
cProfits and losses of any joint property held by them
dProfits of a business carried on by all or any of them acting for all
Answer: D
Section 4 defines partnership as the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all; mutual agency and a business carried on are essential.
The mere sharing of profits arising from property held jointly by several persons, by itself:
aConclusively makes them partners
bDoes not of itself make such persons partners
cMakes them partners only if the property is immovable
dMakes them partners only if a written deed exists
Answer: B
Section 6 directs that the real relation be judged from all relevant facts; the receipt of a share of profits, or of profits from jointly held property, does not of itself make the recipients partners.
Penetrative sexual assault as an offence is defined under which provision of the POCSO Act, the punishment for it being prescribed by a separate following section?
aSection 9
bSection 7
cSection 3
dSection 5
Answer: C
Section 3 defines penetrative sexual assault, while Section 4 prescribes its punishment.
Q198Transfer of Property / Property Law / Easements
The chance of an heir-apparent succeeding to an estate during the lifetime of the propositus (spes successionis) is rendered non-transferable under which provision of the Transfer of Property Act, 1882?
aSection 14
bSection 6(dd)
cSection 8
dSection 6(a)
Answer: D
Section 6(a) of the Transfer of Property Act, 1882 expressly bars the transfer of the chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy, or any other mere possibility of a like nature. Such an expectancy is not 'property' capable of transfer.
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