Delhi Judiciary Mock Test 3 — Questions & Solutions
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The 2025 Nobel Peace Prize was awarded to Maria Corina Machado, a pro-democracy leader from which country?
aArgentina
bVenezuela
cChile
dColombia
Answer: B
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 in Venezuela.
Under the doctrine of jurisprudence, the maxim 'actus non facit reum nisi mens sit rea' signifies that:
aAn act alone, without a guilty mind, does not make a person guilty
bA man is presumed innocent until proven guilty
cNo one can be punished twice for the same offence
dIgnorance of law is no excuse
Answer: A
The maxim means 'an act does not make a person guilty unless the mind is also guilty', expressing the requirement of both actus reus and mens rea for criminal liability.
In legal terminology, the phrase 'ratio decidendi' refers to:
aThe dissenting opinion of a judge
bAn observation by the court not essential to the decision
cThe legal principle or reasoning forming the binding basis of a decision
dA summary of the facts of the case
Answer: C
'Ratio decidendi' is the rule of law or reason on which a judicial decision is based and which is binding as precedent; an incidental remark is 'obiter dicta'.
Who is the present President of India (as in 2025)?
aDroupadi Murmu
bPratibha Patil
cRam Nath Kovind
dJagdeep Dhankhar
Answer: A
Droupadi Murmu was sworn in as the 15th President of India on 25 July 2022 and continues in office; she is the first person from a tribal community to hold the post.
In jurisprudence, the doctrine 'stare decisis' requires that:
aCourts must follow precedents established in earlier decisions
bPenal statutes must be strictly construed
cEvery accused is presumed innocent
dA later law overrides an earlier inconsistent law
Answer: A
'Stare decisis' ('to stand by things decided') is the doctrine that courts should adhere to precedent and follow rules laid down in prior decisions for consistency in law.
Who assumed office as the Chief Justice of India in November 2025, becoming the 53rd holder of that office?
aJustice B.R. Gavai
bJustice D.Y. Chandrachud
cJustice Surya Kant
dJustice Sanjiv Khanna
Answer: C
Justice Surya Kant was sworn in as the 53rd Chief Justice of India on 24 November 2025, succeeding CJI B.R. Gavai. His tenure runs until 9 February 2027.
The Constitution (Sixty-ninth Amendment) Act, 1991 inserted Article 239AA, by which the Union territory of Delhi was renamed and given a Legislative Assembly. The administrator of the territory is designated as the:
aResident Commissioner
bLieutenant Governor
cChief Commissioner
dGovernor
Answer: B
Article 239AA, inserted by the 69th Amendment, renamed Delhi as the National Capital Territory of Delhi and designated its administrator as the Lieutenant Governor.
The Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code, 1860, came into force with effect from:
a26 January 2024
b15 August 2024
c1 July 2024
d1 January 2025
Answer: C
The three new criminal laws — the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam — came into force on 1 July 2024, replacing the IPC, CrPC and the Evidence Act respectively.
By the Constitution (One Hundred and Fourth Amendment) Act, which received assent in January 2020, the reserved representation of which community in the Lok Sabha and State Legislative Assemblies was discontinued?
aOther Backward Classes
bAnglo-Indians
cScheduled Castes
dScheduled Tribes
Answer: B
The 104th Amendment (2019), assented to on 25 January 2020, extended SC/ST seat reservation till 2030 but discontinued the nomination of Anglo-Indian members to the Lok Sabha and State Assemblies.
Droupadi Murmu was sworn in as the 15th President of India on 25 July 2022 and continues in office in 2026. She is the first person from a tribal community to hold the office.
The legal maxim 'audi alteram partem', a cardinal principle of natural justice, means:
aLet the buyer beware
bHear the other side
cA thing decided once is final
dNo one shall be a judge in his own cause
Answer: B
'Audi alteram partem' literally means 'hear the other side', i.e. no person should be condemned unheard. The rule against bias ('nemo judex in causa sua') is the other limb of natural justice.
In jurisprudence, the maxim 'actus non facit reum nisi mens sit rea' conveys that:
aAn act does not make a person guilty unless the mind is also guilty
bIgnorance of law is no excuse
cAn act alone is sufficient to constitute a crime
dA man is presumed innocent until proven guilty
Answer: A
The maxim means an act does not render a person criminally liable unless accompanied by a guilty mind (mens rea); both the physical act (actus reus) and the mental element are generally required.
According to Salmond's analytical school of jurisprudence, law is best understood as:
aA set of customs spontaneously evolved by society
bThe command of the sovereign backed by sanction
cThe expression of the general will of the people
dThe body of principles recognised and applied by the State in the administration of justice
Answer: D
Salmond defined law as the body of principles recognised and applied by the State in the administration of justice. The 'command of the sovereign' definition belongs to John Austin's positivist theory.
The doctrine 'res ipsa loquitur', frequently invoked in the law of negligence, means:
aAn act of God
bThe matter is sub judice
cLet the principal answer
dThe thing speaks for itself
Answer: D
'Res ipsa loquitur' means 'the thing speaks for itself'; where an accident is of a kind that ordinarily does not happen without negligence and the instrumentality was in the defendant's control, negligence may be inferred.
A man pointing to a photograph says, "The lady in the photograph is the only daughter of the mother of my brother's mother." How is the lady related to the man?
aSister
bMother
cMaternal aunt
dAunt
Answer: B
The mother of the man's brother's mother is the man's grandmother; her only daughter is the man's own mother. Hence the lady is the man's mother.
A sum of money doubles itself in 8 years at simple interest. In how many years will it become four times of itself at the same rate?
a24 years
b20 years
c16 years
d32 years
Answer: A
Doubling in 8 years means the interest earned in 8 years equals the principal, so the rate is 12.5% per annum. To become four times, the interest must equal three times the principal, requiring 24 years.
Choose the word most nearly OPPOSITE in meaning to the word 'CANDID':
aSincere
bFrank
cHonest
dEvasive
Answer: D
'Candid' means frank, open and honest. Its antonym is 'evasive', meaning deliberately vague or avoiding directness; the other options are synonyms of candid.
Select the option that correctly fills the blank: 'The accused was acquitted because the prosecution failed to ______ its case beyond reasonable doubt.'
aprove
bproof
cimprove
dapprove
Answer: A
The verb required here is 'prove' (to establish by evidence). 'Proof' is a noun, while 'approve' and 'improve' do not fit the legal context of establishing a case.
In the law of torts, the maxim 'volenti non fit injuria' operates as a defence and means:
aHe who comes to equity must come with clean hands
bDamage without legal injury
cAn act of one partner binds the firm
dTo one who consents, no injury is done
Answer: D
'Volenti non fit injuria' means that a person who voluntarily consents to a known risk cannot later complain of the resulting harm; it is a complete defence in tort where consent is free and informed.
Who assumed office as the Chief Justice of India on 24 November 2025, succeeding Justice B.R. Gavai?
aJustice Vikram Nath
bJustice Surya Kant
cJustice D.Y. Chandrachud
dJustice Sanjiv Khanna
Answer: B
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 demit office in February 2027.
Select the option that correctly fills both blanks: 'The committee was ______ about the proposal; some members were enthusiastic while others remained openly ______.'
adecisive ... approving
bunanimous ... supportive
cindifferent ... eager
ddivided ... skeptical
Answer: D
The contrast between enthusiastic and openly opposed members requires 'divided' for the committee and 'skeptical' for the doubting members; the other pairs are internally inconsistent.
Choose the correct one-word substitution for: 'A government run by officials who are appointed rather than elected.'
aBureaucracy
bPlutocracy
cTheocracy
dDemocracy
Answer: A
A 'bureaucracy' is a system of government in which most decisions are taken by appointed officials rather than elected representatives; a 'plutocracy' is rule by the wealthy and a 'theocracy' is rule by religious authority.
Choose the option that best expresses the meaning of the idiom: "to give someone a wide berth".
aTo give someone a fresh chance
bTo keep a safe distance from someone
cTo welcome someone warmly
dTo offer someone generous accommodation
Answer: B
"To give a wide berth" means to stay well away from a person or thing, i.e., to avoid them. The phrase derives from nautical usage where a ship kept ample sea-room.
aNeither the judge or the advocates were present in the courtroom.
bNeither the judge nor the advocates was present in the courtroom.
cNeither the judge nor the advocates were present in the courtroom.
dNeither the judge nor the advocates is present in the courtroom.
Answer: C
With "neither...nor", the verb agrees with the subject nearer to it; since "advocates" (plural) is nearer, the plural verb "were" is correct. "Neither" pairs with "nor", not "or".
Choose the word most nearly OPPOSITE in meaning to "PROLIX".
aRambling
bTedious
cVerbose
dSuccinct
Answer: D
"Prolix" means using too many words and tediously lengthy; its antonym is "succinct", meaning brief and concise. The other options are synonyms of prolix.
Read the passage and answer the question that follows.
"A precedent embalms a principle, but it is the duty of the court to ensure that a principle once useful does not, by the mere passage of time, harden into an obstacle to justice. Stare decisis lends certainty to the law, yet it must yield where adherence would perpetuate manifest error."
The author's central point is that:
aPrecedents should never be departed from under any circumstances.
bCertainty in law is unimportant compared with the personal views of judges.
cWhile precedent promotes certainty, courts may depart from it to avoid perpetuating clear error.
dOld principles are always obstacles to justice and must be abandoned.
Answer: C
The passage acknowledges that precedent (stare decisis) gives certainty but argues it must "yield where adherence would perpetuate manifest error", i.e., courts may depart from precedent to prevent clear injustice. Options (a), (b) and (d) overstate or distort the balanced view.
Select the option that correctly fills the blank: "Had the petitioner approached the court earlier, the injunction ______ granted."
ahad been
bwould be
cwould have been
dwill have been
Answer: C
This is a third conditional (past unreal) sentence: "Had + past perfect" in the if-clause requires "would have + past participle" in the main clause, i.e., "would have been granted".
Identify the part of the sentence that contains an error:
"One of the witnesses (a)/ who were summoned (b)/ have failed to appear (c)/ before the court. (d)"
a(d)
b(c)
c(a)
d(b)
Answer: B
The subject of the main clause is "One" (singular), so the verb must be "has failed", not "have failed". The relative clause "who were summoned" correctly takes a plural verb because it refers to "witnesses".
Select the option that best replaces the underlined phrase to make the sentence grammatically correct: "The committee have submitted ITS report yesterday."
ahas submit its report
bhas submitted its report
chave submitted its report
dhaving submitted its report
Answer: B
When a collective noun like "committee" acts as a single unit, it takes a singular verb and pronoun, hence "has submitted its report". The original mixes plural verb with singular pronoun.
Choose the option that correctly converts the following to indirect speech:
"The Magistrate said to the accused, 'Why did you abscond?'"
aThe Magistrate asked the accused why he had absconded.
bThe Magistrate asked the accused why did he abscond.
cThe Magistrate told the accused why he absconded.
dThe Magistrate asked the accused why he has absconded.
Answer: A
In reported speech, the interrogative becomes a statement (no inversion, no question mark), "did abscond" shifts to past perfect "had absconded", and "asked" replaces "said to".
Choose the word that means "a person who is between 70 and 79 years of age".
aSexagenarian
bNonagenarian
cSeptuagenarian
dOctogenarian
Answer: C
A "septuagenarian" is a person in their seventies (70-79). An octogenarian is in the eighties, a nonagenarian in the nineties, and a sexagenarian in the sixties.
Fill in the blank with the most appropriate word: "The lawyer's argument was so ______ that the judge could find no flaw in its reasoning."
aspurious
bcogent
cspecious
dnebulous
Answer: B
"Cogent" means clear, logical and convincing, which fits an argument with no flaw in its reasoning. "Specious" and "spurious" imply false/misleading, and "nebulous" means vague.
Identify the sentence in which the word "bar" is used in the sense of the legal profession.
aHe bought a chocolate bar from the shop.
bAfter clearing the examination, she was called to the bar.
cThe music began with a single bar of melody.
dA heavy iron bar blocked the gate.
Answer: B
"Called to the bar" refers to being admitted as an advocate to practise as a member of the legal profession. The other sentences use "bar" in unrelated senses (a slab, a metal rod, a unit of music).
Choose the option that correctly fills the blank: 'Neither the judge nor the lawyers ____ satisfied with the adjournment granted by the court.'
ahas been
bis
cwas
dwere
Answer: D
With 'neither...nor', the verb agrees with the nearer subject; 'lawyers' (plural) requires the plural verb 'were'.
Q50English Language & Comprehension
Select the word most nearly OPPOSITE in meaning to 'EXONERATE'.
aAcquit
bAbsolve
cVindicate
dIncriminate
Answer: D
'Exonerate' means to clear of blame; its antonym is 'incriminate', meaning to implicate in a wrongdoing. The other options are synonyms.
Q51English Language & Comprehension
Identify the part of the sentence that contains an error: 'The accused, along with his accomplices, (a)/ were produced (b)/ before the Magistrate (c)/ in the afternoon. (d)'
abefore the Magistrate
bwere produced
cThe accused, along with his accomplices,
din the afternoon.
Answer: B
The subject is the singular 'accused'; phrases introduced by 'along with' do not affect number, so the verb should be 'was produced'.
Q52English Language & Comprehension
Choose the correct meaning of the idiom: 'to throw the book at someone'.
aTo give someone good advice
bTo accuse someone falsely
cTo punish or charge someone as severely as possible
dTo dismiss a case without hearing
Answer: C
'To throw the book at someone' means to impose the maximum possible punishment or to charge with every applicable offence.
Q53English Language & Comprehension
Fill in the blank with the most appropriate preposition: 'The petitioner was wholly oblivious ____ the consequences of filing a false affidavit.'
aabout
bwith
cfrom
dof
Answer: D
The adjective 'oblivious' is conventionally followed by the preposition 'of' (or 'to'); 'oblivious of the consequences' is correct.
Q54English Language & Comprehension
Choose the option that best expresses the sentence in indirect (reported) speech: He said, 'I will deliver the judgment tomorrow.'
aHe said that he would deliver the judgment the next day.
bHe said that he will deliver the judgment the next day.
cHe said that he had delivered the judgment the next day.
dHe said that he would deliver the judgment tomorrow.
Answer: A
In reported speech 'will' becomes 'would' and 'tomorrow' becomes 'the next day', giving 'he would deliver the judgment the next day'.
Q55English Language & Comprehension
Select the word that is spelt CORRECTLY.
aPrivilage
bPriviledge
cPrivelege
dPrivilege
Answer: D
The correct spelling is 'privilege' — two 'i's, an 'e' before the 'g', and no 'd'.
Q56English Language & Comprehension
Choose the option that correctly converts the sentence into the passive voice: 'The court has dismissed the appeal.'
aThe appeal had been dismissed by the court.
bThe appeal has been dismissed by the court.
cThe appeal was dismissed by the court.
dThe appeal is dismissed by the court.
Answer: B
Present perfect active ('has dismissed') becomes present perfect passive 'has been dismissed', so 'The appeal has been dismissed by the court' is correct.
Q57Code of Civil Procedure (CPC)
Under the Code of Civil Procedure, 1908, the general power of the High Court or District Court to transfer, on the application of a party or of its own motion, any suit, appeal or other proceeding at any stage, is contained in:
aSection 24
bSection 25
cSection 23
dSection 22
Answer: A
Section 24 CPC confers the general power of transfer and withdrawal of suits, appeals and other proceedings on the High Court and the District Court; Section 25 deals with transfer by the Supreme Court from one State to another.
Under Order VII Rule 11 of the Code of Civil Procedure, 1908, a plaint shall be rejected, among other grounds, where:
aIt does not disclose a cause of action
bThe defendant denies the plaintiff's claim
cThe plaintiff fails to appear on the first hearing
dThe suit is filed in a court of higher pecuniary jurisdiction
Answer: A
Order VII Rule 11(a) CPC mandates rejection of a plaint where it does not disclose a cause of action; other grounds include undervaluation, insufficient stamping not cured, and the suit being barred by law.
Under the Code of Civil Procedure, 1908, the power of a court to add, strike out or substitute parties so that all questions involved in the suit may be effectually and completely adjudicated upon, is contained in:
aOrder I Rule 10
bOrder I Rule 1
cOrder VI Rule 17
dOrder II Rule 2
Answer: A
Order I Rule 10 CPC empowers the court to strike out or add parties, including substituting the proper plaintiff where a suit has been instituted in the name of the wrong plaintiff, to enable complete adjudication.
Under Section 100A of the Code of Civil Procedure, 1908 (as substituted by the 2002 Amendment), where an appeal from an original or appellate decree or order has been decided by a Single Judge of a High Court:
aNo further appeal (Letters Patent Appeal) shall lie from the judgment of the Single Judge
bA further appeal shall lie to a Division Bench as of right
cA further appeal shall lie to the Supreme Court directly
dA further appeal shall lie only with the certificate of the Single Judge
Answer: A
Section 100A CPC bars any further appeal (notably the Letters Patent Appeal) from the judgment and decree of a Single Judge of the High Court deciding an appeal, notwithstanding anything in the Letters Patent or any other law.
Under the Code of Civil Procedure, 1908, the amendment of pleadings at any stage of the proceedings, in such manner and on such terms as may be just, is governed by:
aOrder VI Rule 16
bOrder VII Rule 14
cOrder VIII Rule 9
dOrder VI Rule 17
Answer: D
Order VI Rule 17 CPC permits the court to allow either party to amend its pleadings at any stage; its proviso bars post-commencement-of-trial amendments unless the party shows that despite due diligence the matter could not have been raised earlier.
Under the Code of Civil Procedure, 1908, the revisional jurisdiction of the High Court, exercisable where a subordinate court appears to have exercised a jurisdiction not vested in it, failed to exercise a jurisdiction so vested, or acted with material irregularity in the exercise of its jurisdiction, is found in:
aSection 113
bSection 114
cSection 96
dSection 115
Answer: D
Section 115 CPC confers revisional jurisdiction on the High Court limited to jurisdictional errors of subordinate courts; Section 114 deals with review and Section 113 with reference.
Under Order IX Rule 13 of the Code of Civil Procedure, 1908, an ex parte decree passed against a defendant may be set aside where the defendant satisfies the court that:
aThe decree is erroneous on a question of law
bFresh evidence has come to light after the decree
cThe plaintiff has obtained the decree by misreading the law
dThe summons was not duly served, or he was prevented by sufficient cause from appearing when the suit was called on for hearing
Answer: D
Order IX Rule 13 CPC allows setting aside an ex parte decree only on proof that the summons was not duly served, or that the defendant was prevented by sufficient cause from appearing at the hearing.
Under the Code of Civil Procedure, 1908, a suit for compensation for a wrong done to the person or to movable property, where the wrong was done within the local limits of one court's jurisdiction and the defendant resides within the limits of another, may be instituted in either court. This rule is contained in:
aSection 16
bSection 19
cSection 20
dSection 17
Answer: B
Section 19 CPC governs suits for compensation for wrongs to person or movable property, giving the plaintiff the option of suing either where the wrong was committed or where the defendant resides or carries on business.
Under the Code of Civil Procedure, 1908, 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 to arbitration, conciliation, judicial settlement or mediation. This power is conferred by:
aSection 80
bSection 90
cSection 89
dOrder X Rule 1A
Answer: C
Section 89 CPC empowers the court to refer disputes to alternative dispute resolution mechanisms (arbitration, conciliation, judicial settlement including Lok Adalat, or mediation) where it sees elements of a possible settlement.
Under Order XXII of the Code of Civil Procedure, 1908, where one of two or more plaintiffs or defendants dies and the right to sue does not survive to or against the surviving party alone, and no application for substitution of the legal representative is made within the prescribed time, the suit:
aContinues against the surviving parties in all respects
bStands transferred to the court of the District Judge
cAbates so far as the deceased party is concerned
dIs automatically dismissed against all parties
Answer: C
Under Order XXII Rules 3 and 4 CPC, on the death of a plaintiff or defendant whose right to sue does not survive to the survivors alone, failure to bring the legal representative on record within the limitation period causes the suit to abate as regards the deceased party.
Under the Code of Civil Procedure, 1908, the principle of res sub judice, which bars the trial of a suit in which the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties, is contained in:
aSection 11
bSection 12
cSection 9
dSection 10
Answer: D
Section 10 enacts the rule of res sub judice (stay of suit), staying the trial of a later suit while a prior suit on the same matter between the same parties is pending. Section 11 deals with res judicata and Section 12 with bar to further suit.
For res judicata under Section 11 of the Code of Civil Procedure, 1908 to operate, the former suit must have been heard and finally decided by a court which was:
aA court of record only
bNecessarily a court of exclusive original jurisdiction
cCompetent to try the subsequent suit
dOf the same grade as the court trying the subsequent suit
Answer: C
Section 11 requires that the former court be competent to try the subsequent suit in which the issue is raised; the matter must have been heard and finally decided between the same parties litigating under the same title.
A suit for the recovery of immovable property situate within the local limits of the jurisdiction of a particular court must ordinarily be instituted in that court. This rule is laid down in:
aSection 20
bSection 19
cSection 16
dSection 15
Answer: C
Section 16 provides that suits relating to immovable property (recovery, partition, foreclosure, sale, determination of rights, etc.) shall be instituted in the court within whose local limits the property is situate.
Under Section 15 of the Code of Civil Procedure, 1908, every suit shall be instituted in the court of the:
aLowest grade competent to try it
bHighest grade competent to try it
cChoice of the plaintiff irrespective of grade
dDistrict Judge of the area
Answer: A
Section 15 requires every suit to be instituted in the court of the lowest grade competent to try it, a rule of procedure designed to relieve courts of higher grades.
An appeal from every original decree passed by a court exercising original jurisdiction, to the court authorised to hear appeals from its decisions, is provided under:
aSection 96
bSection 115
cSection 100
dSection 104
Answer: A
Section 96 confers the right of first appeal from an original decree. No appeal lies from a consent decree, and second appeals lie under Section 100 only on a substantial question of law.
A second appeal to the High Court under Section 100 of the Code of Civil Procedure, 1908 lies only:
aOnly with the consent of both parties
bIf the case involves a substantial question of law
cOn any question of fact or law as in a first appeal
dOn a pure question of fact alone
Answer: B
Section 100 restricts the second appellate jurisdiction of the High Court to cases involving a substantial question of law, which must be formulated by the court; it is not a re-appraisal of facts as under Section 96.
The power of a civil court to grant restitution so as to place the parties in the position which they would have occupied but for a decree subsequently varied or reversed is contained in:
aSection 144
bSection 152
cSection 151
dSection 148
Answer: A
Section 144 deals with applications for restitution where a decree is varied or reversed, enabling the court to cause restitution and grant consequential relief such as refund of costs, mesne profits and interest.
The inherent power of a civil 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 preserved by:
aSection 151
bSection 114
cSection 148
dSection 94
Answer: A
Section 151 saves the inherent powers of the court; it is invoked only where no specific provision of the Code covers the situation and is exercised to secure the ends of justice or prevent abuse of process.
Under the proviso to Order VIII Rule 1 of the Code of Civil Procedure, 1908, the maximum period (from the date of service of summons) within which the court may permit a defendant to file the written statement is:
a120 days
b30 days
c60 days
d90 days
Answer: D
Order VIII Rule 1 requires the written statement within 30 days, extendable for recorded reasons, but the outer limit fixed by the proviso is 90 days from the date of service of summons.
Under the proviso to Order VI Rule 17 of the Code of Civil Procedure, 1908, an application for amendment of pleadings shall not be allowed after the commencement of trial unless the court concludes that:
aIn spite of due diligence, the party could not have raised the matter before the commencement of trial
bThe opposite party has no objection to the amendment
cThe court fee on the amended claim has been paid
dThe amendment relates only to clerical or arithmetical errors
Answer: A
The proviso to Order VI Rule 17 bars post-trial amendments unless the court is satisfied that, despite due diligence, the party could not have raised the matter before the trial commenced.
A plaint shall be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908 where:
aAll of the above
bThe suit appears from the statement in the plaint to be barred by any law
cThe relief is undervalued and not corrected within the time fixed by the court
dIt does not disclose a cause of action
Answer: A
Order VII Rule 11 lists grounds for rejection of a plaint, including non-disclosure of a cause of action, the suit being barred by any law, undervaluation not corrected, and insufficiency of stamp not made good within the fixed time.
Before instituting a suit against the Government, a notice under Section 80 of the Code of Civil Procedure, 1908 must ordinarily be served, and the suit cannot be instituted until the expiry of:
aThree months after service of notice
bSix months after service of notice
cTwo months after service of notice
dOne month after service of notice
Answer: C
Section 80 mandates a two months' prior notice before suing the Government or a public officer in respect of an act done in official capacity; urgent relief may be sought without notice with the court's leave under Section 80(2).
Where a plaintiff, having instituted a suit, withdraws from it without the permission of the court to bring a fresh suit, the consequence under Order XXIII Rule 1 of the Code of Civil Procedure, 1908 is that:
aThe court must automatically restore the withdrawn suit
bThe defendant must be compensated by way of a decree
cHe is precluded from instituting a fresh suit in respect of the same subject-matter
dHe may file a fresh suit on the same subject-matter at any time
Answer: C
Under Order XXIII Rule 1, a plaintiff who withdraws a suit or abandons part of his claim without leave to file afresh is barred from instituting a fresh suit on the same subject-matter and is liable for costs.
A caveat lodged under Section 148A of the Code of Civil Procedure, 1908, if no application is filed in the meantime, shall remain in force for a period of:
a60 days from the date of lodging
b120 days from the date of lodging
c30 days from the date of lodging
d90 days from the date of lodging
Answer: D
Under Section 148A(5), a caveat remains in force for 90 days from the date on which it is lodged, unless an application to which it relates is made earlier.
Where a decree is for the delivery of immovable property, Order XXI Rule 35 of the Code of Civil Procedure, 1908 provides that possession shall be delivered to the decree-holder, if necessary, by:
aRemoving any person bound by the decree who refuses to vacate the property
bAttaching the movable property of the judgment-debtor only
cIssuing a fresh suit for possession
dReferring the matter to arbitration
Answer: A
Order XXI Rule 35 provides that possession of immovable property under a decree is delivered to the party adjudged entitled, and the executing court may, if necessary, remove any person bound by the decree who refuses to vacate.
Under the BNSS, for an offence punishable with imprisonment for seven years or more, the officer in charge of the police station is required (from a date to be notified by the State Government within five years) to cause a forensic expert to visit the crime scene and videograph the process. This obligation is contained in:
aSection 176
bSection 105
cSection 184
dSection 349
Answer: A
Section 176(3) BNSS makes forensic investigation mandatory at the scene of crime for offences punishable with seven years or more, a new feature absent from the CrPC.
Under the BNSS, the entire process of conducting a search of a place or the seizure of property, including the preparation of the list and signing by witnesses, is required to be recorded through audio-video electronic means, preferably on a mobile phone. This mandate is found in:
aSection 105
bSection 185
cSection 103
dSection 107
Answer: A
Section 105 BNSS introduces the mandatory audio-video recording of search and seizure, with the recording to be forwarded to the Magistrate without delay.
Under Section 187 of the BNSS, for an offence punishable with imprisonment of ten years or more, police custody (which may be sought in parts) must be sought within the first:
a60 days of detention
b15 days of detention
c40 days of detention
d90 days of detention
Answer: A
Under Section 187 BNSS, the total 15 days of police custody may be sought in instalments within the first 40 days (for offences up to 10 years) or first 60 days (for offences of 10 years or more), within total investigation periods of 60 or 90 days respectively.
Under the BNSS, the BNSS introduces a wholly new provision empowering a Court to conduct a trial in absentia and pronounce judgment against a proclaimed offender who has absconded to evade trial. This provision is:
aSection 356
bSection 482
cSection 299
dSection 84
Answer: A
Section 356 BNSS is a new provision permitting trial and judgment in absentia of a proclaimed offender, with the trial commencing after a stipulated waiting period.
Under the BNSS, a first-time offender, who has never been convicted of any offence, is entitled to be released on bond once he has undergone detention as an undertrial for a period extending up to:
aOne-third of the maximum imprisonment for the offence
bThe full maximum imprisonment for the offence
cOne-fourth of the maximum imprisonment for the offence
dOne-half of the maximum imprisonment for the offence
Answer: A
The first proviso to Section 479(1) BNSS creates a special, more liberal category for first-time offenders, entitling them to release after one-third of the maximum sentence, as against one-half for others.
The Code of Criminal Procedure, 1973 stands repealed and replaced by the BNSS with effect from 1st July 2024. The repeal and savings provision of the BNSS is contained in:
aSection 531
bSection 528
cSection 530
dSection 484
Answer: A
Section 531 BNSS repeals the CrPC, 1973 while saving inquiries, trials and proceedings pending before the appointed day, which continue under the old Code.
Under the BNSS, the sentence of imprisonment which a Court of Judicial Magistrate of the first class is empowered to pass has been enhanced. Such a Magistrate may now pass a sentence of imprisonment not exceeding:
aTwo years, or fine up to Rs. 10,000, or both
bSeven years, or fine, or both
cOne year, or fine up to Rs. 10,000, or both
dThree years, or fine up to Rs. 50,000, or both, or community service
Answer: D
Section 23(2) BNSS enhances the sentencing power of a Magistrate of the first class to imprisonment up to three years or fine up to Rs. 50,000 or both, and may also direct community service.
Under the BNSS, a mercy petition by a convict under sentence of death (or his legal heir or relative) is to be filed before the President or the Governor within a period of thirty days from receipt of intimation from the jail Superintendent. This procedure is governed by:
aSection 433
bSection 416
cSection 472
dSection 453
Answer: C
Section 472 BNSS is a new provision laying down a structured procedure and a thirty-day limitation for filing a mercy petition in death sentence cases, which had no direct equivalent in the CrPC.
Under the BNSS, a summons (including one bearing the image of the court's seal) may be served by electronic communication, and every such summons so served is deemed to be duly served. The provision dealing with how summons are served is:
aSection 70
bSection 35
cSection 62
dSection 64
Answer: D
Section 64 BNSS (corresponding to Section 62 CrPC) now expressly recognises service of summons by electronic communication in the manner provided by State Government rules.
Under the BNSS, every State Government is, for the first time, statutorily mandated to prepare and notify a Witness Protection Scheme. This obligation is contained in:
aSection 396
bSection 400
cSection 360
dSection 398
Answer: D
Section 398 BNSS introduces a statutory duty on every State Government to prepare and notify a witness protection scheme, a feature not present in the CrPC.
Under the BNSS, upon completion of investigation, the obligation of the police officer to forward to the Magistrate the copies of the police report and other documents so that they may be supplied to the accused (and the victim) free of cost is dealt with under:
aSection 193
bSection 230
cSection 173
dSection 207
Answer: B
Section 230 BNSS (corresponding to Section 207 CrPC) requires supply of the police report and connected documents to the accused, and now expressly to the victim, free of cost and within a fixed time.
Under Section 35 of the BNSS, no arrest of a person who is infirm or above sixty years of age, for an offence punishable with imprisonment for less than three years, shall be made without 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
The proviso to Section 35(7) BNSS requires 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 offences punishable with less than three years.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision empowering a police officer to require, by written notice, the appearance of a person against whom a reasonable complaint or credible information exists (the successor to the Section 41A CrPC notice) is now found in:
aSection 47 BNSS
bSection 35 BNSS
cSection 58 BNSS
dSection 41 BNSS
Answer: B
Section 35 BNSS consolidates the arrest-without-warrant provision (old Section 41 CrPC) and the notice-of-appearance provision (old Section 41A CrPC) into a single section, with sub-sections (3) to (7) covering the written notice.
Where a person is accused of an offence punishable with imprisonment for a term of ten years (not death or life imprisonment), the maximum period for which a Magistrate may authorise detention pending investigation under Section 187 BNSS, beyond which the accused becomes entitled to default bail, is:
a60 days
b75 days
c90 days
d120 days
Answer: C
Under Section 187(3) BNSS, the ceiling is 90 days for offences punishable with death, life imprisonment, or imprisonment for ten years or more, and 60 days for any other offence.
Section 173 BNSS, dealing with information relating to a cognizable offence, introduces a category of offences (punishable with three years or more but less than seven years) where the officer-in-charge may, with prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry. The maximum period prescribed for completing such preliminary enquiry is:
a30 days
b21 days
c7 days
d14 days
Answer: D
Section 173(3) BNSS permits a preliminary enquiry to ascertain whether a prima facie case exists, to be completed within fourteen days, before deciding to proceed with investigation.
A novel form of punishment introduced for the first time in Indian criminal law and defined in the Explanation to Section 23 BNSS as work that a convict may be ordered to perform for the benefit of the community, for which he is entitled to no remuneration, is:
aCommunity service
bPublic censure
cForfeiture of property
dSolitary confinement
Answer: A
Community service is a new penalty introduced by the new codes; the Explanation to Section 23 BNSS defines it as work ordered by the Court that benefits the community for which the convict receives no remuneration.
The provision in the BNSS, 2023 enabling the inquiry, trial or judgment in absentia of a proclaimed offender who has absconded to evade trial, with no parallel in the CrPC, is:
aSection 299 BNSS
bSection 356 BNSS
cSection 339 BNSS
dSection 84 BNSS
Answer: B
Section 356 BNSS introduces trial in absentia of a proclaimed offender, a wholly new provision; the trial cannot commence until 90 days after framing of charge, after two consecutive warrants 30 days apart and a newspaper notice.
Under Section 175(3) BNSS a Magistrate empowered under Section 210 may order an investigation. A key new safeguard inserted in this provision, absent from Section 156(3) CrPC, requires the Magistrate before ordering such investigation to:
aRefer the matter to the Sessions Court
bDirect the complainant to first file a private complaint
cConsider the application supported by affidavit and may inquire and hear the concerned police officer
dObtain sanction of the State Government
Answer: C
Section 175(3) BNSS requires the application to be supported by an affidavit, and empowers the Magistrate to conduct an inquiry and consider the submissions of the police officer in charge before ordering investigation.
Section 223 BNSS, which corresponds to Section 200 CrPC (examination of complainant on a complaint), introduces a significant departure from the earlier law by mandating that before taking cognizance of an offence on a complaint, the Magistrate shall:
aGive the accused an opportunity of being heard
bRefer the complaint for police investigation
cObtain the prior sanction of the District Magistrate
dRecord the statement of the complainant on oath only
Answer: A
The first proviso to Section 223(1) BNSS mandates that no cognizance of an offence shall be taken without giving the accused an opportunity of being heard, a stage absent from Section 200 CrPC.
Section 105 BNSS introduces a mandatory technological safeguard during search and seizure operations. It requires that:
aThe Magistrate personally supervise every seizure
bThe search and seizure, including preparation of the seizure list and signatures of witnesses, be recorded through audio-video electronic means, preferably a mobile phone
cA forensic expert be present for every search
dTwo independent witnesses must be photographed at the scene
Answer: B
Section 105 BNSS mandates recording of the search-and-seizure process (including the seizure list and witness signatures) through audio-video electronic means, preferably mobile phone, and forwarding the recording to the Magistrate without delay.
Under Section 479 BNSS, a first-time offender (not accused of an offence punishable with death or life imprisonment, and against whom proceedings in only one case are pending) is entitled to be released on bail by the Court once he has undergone detention up to:
aTwo-thirds of the maximum period of imprisonment specified for the offence
bOne-third of the maximum period of imprisonment specified for the offence
cThe full maximum period of imprisonment specified for the offence
dOne-half of the maximum period of imprisonment specified for the offence
Answer: B
The first proviso to Section 479(1) BNSS lowers the threshold for a first-time offender to one-third of the maximum sentence, against the general rule of one-half under the main provision.
The power to grant anticipatory bail, i.e., a direction for release on bail in the event of arrest on accusation of a non-bailable offence, is conferred on the High Court and Court of Session under which provision of the BNSS?
aSection 482 BNSS
bSection 480 BNSS
cSection 438 BNSS
dSection 483 BNSS
Answer: A
Section 482 BNSS (successor to Section 438 CrPC) empowers the High Court or Court of Session to grant anticipatory bail; ordinary bail in non-bailable offences is governed by Section 480 BNSS.
Section 530 BNSS, a provision with no equivalent in the CrPC, makes a general enabling declaration that:
aAll judgments must be pronounced within 30 days
bAll trials, inquiries and proceedings may be held in electronic mode, by use of electronic communication or audio-video electronic means
cAll appeals shall lie directly to the Supreme Court
dAll trials shall be conducted only in the language of the State
Answer: B
Section 530 BNSS generally enables all trials, inquiries and proceedings, including issuance and service of summons and examination of witnesses, to be held in electronic mode.
Under Section 23 BNSS, the maximum sentence of imprisonment that a Court of a Magistrate of the first class may pass is:
aThree years
bTwo years
cSeven years
dOne year
Answer: A
Section 23 BNSS empowers a Magistrate of the first class to pass imprisonment up to three years, or fine up to fifty thousand rupees, or both, or community service.
Under Section 135 of the Bharatiya Nyaya Sanhita, 2023, kidnapping from lawful guardianship is committed where a person is taken out of the keeping of the lawful guardian. The Sanhita fixes a uniform age threshold for both boys and girls of below:
aEighteen years for both boys and girls
bSixteen years for boys and eighteen years for girls
cSixteen years for both boys and girls
dTwelve years for boys and sixteen years for girls
Answer: A
Section 135 BNS adopts a uniform age of 'below eighteen years' for any child, departing from old Section 361 IPC which distinguished sixteen years (boys) and eighteen years (girls).
Under Section 103 of the Bharatiya Nyaya Sanhita, 2023, where culpable homicide not amounting to murder is committed with the intention of causing death (the first part), the offender may be punished with:
aImprisonment up to seven years and fine only
bDeath or imprisonment for life and fine
cImprisonment for life, or imprisonment not less than five years extendable to ten years, and fine
dImprisonment for a term up to ten years and fine only
Answer: C
Under the first part of Section 103 BNS, where the act is done with intention to cause death, punishment is imprisonment for life or a term not less than five years up to ten years, with fine; the lesser 'knowledge' limb attracts up to ten years.
Section 105 of the Bharatiya Nyaya Sanhita, 2023 deals with abetment of suicide of a child or person with mental illness. Apart from such persons, it expressly extends to abetment of suicide of:
aOnly a person under sixteen years of age
bOnly a pregnant woman
cA delirious person or a person in a state of intoxication
dAny person above sixty years of age
Answer: C
Section 105 BNS covers abetment of suicide of any person under eighteen, any person with mental illness, any delirious person or any person in a state of intoxication, and is punishable with death or imprisonment for life or up to ten years.
Under the proviso to Section 61(1) of the Bharatiya Nyaya Sanhita, 2023, an agreement (other than an agreement to commit an offence) amounts to criminal conspiracy only if:
aThe illegal act is actually completed
bSome act besides the agreement is done by one or more parties in pursuance thereof
cAt least five persons are party to the agreement
dThe agreement is reduced to writing
Answer: B
The proviso to Section 61(1) BNS requires, for agreements to do an illegal act that is not itself an offence, that some overt act besides the agreement be done in pursuance of it.
Under Section 22 of the Bharatiya Nyaya Sanhita, 2023, the general exception relating to mental incapacity now uses the expression:
a'Unsoundness of mind' as under the repealed IPC
b'Lunacy or idiocy'
c'Mental illness'
d'Insanity'
Answer: C
Section 22 BNS replaces the old 'unsoundness of mind' (Section 84 IPC) with 'mental illness', exempting one who by reason of mental illness is incapable of knowing the nature of the act or that it is wrong or contrary to law.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder is contained in:
aSection 103
bSection 101
cSection 302
dSection 105
Answer: A
Section 101 BNS defines when culpable homicide amounts to murder, while Section 103 prescribes the punishment (death or imprisonment for life, and fine).
'A', intending to kill 'B', fires a shot aimed at 'B'; the shot misses 'B' and instead kills 'C', a bystander whom 'A' did not know. 'A' is most appropriately held liable for the murder of 'C' on the principle of:
aDoctrine of last opportunity
bDoctrine of transferred malice
cDoctrine of mens rea in re
dDoctrine of common intention
Answer: B
The doctrine of transferred malice (carried into the BNS provisions on culpable homicide and murder, Sections 100-101) transfers 'A's intention from the intended victim to the actual victim.
Criminal conspiracy under the Bharatiya Nyaya Sanhita, 2023, is defined in:
aSection 48
bSection 61
cSection 120A
dSection 45
Answer: B
Section 61 BNS defines criminal conspiracy as an agreement of two or more persons to do, or cause to be done, an illegal act or a legal act by illegal means.
Acts endangering the sovereignty, unity and integrity of India (the provision that broadly replaces the old offence of sedition) appear in the Bharatiya Nyaya Sanhita, 2023, under:
aSection 152
bSection 147
cSection 150
dSection 124A
Answer: A
Section 152 BNS penalises acts endangering the sovereignty, unity and integrity of India; the term 'sedition' as such has been dropped from the new code.
'X' and 'Y' set out together to murder 'Z'. 'X' stands guard at the door, weapon in hand, to ensure no one interferes, while 'Y' alone stabs and kills 'Z'. Which is correct?
a'X' and 'Y' are both liable for murder by virtue of common intention
bOnly 'Y' is liable, as 'X' did not strike the fatal blow
cNeither is liable unless a prior written agreement is proved
d'X' is liable only for abetment, never for murder
Answer: A
Under Section 3(5) BNS (acts done by several persons in furtherance of common intention), each is liable as if he did the act alone; 'X's role as guard amounts to participation in the common intention.
Part IX of the Constitution of India, dealing with the Panchayats (Articles 243 to 243-O), was inserted by:
aThe 69th Amendment, 1991
bThe 65th Amendment, 1990
cThe 73rd Amendment, 1992
dThe 74th Amendment, 1992
Answer: C
The Constitution (Seventy-third Amendment) Act, 1992 added Part IX ("The Panchayats", Articles 243 to 243-O) and the Eleventh Schedule, giving constitutional status to Panchayati Raj Institutions.
Under Article 243-K of the Constitution, the superintendence, direction and control of the preparation of electoral rolls and the conduct of elections to the Panchayats is vested in:
aThe Election Commission of India under Article 324
bThe State Election Commission
cThe Governor of the State
dThe State Finance Commission
Answer: B
Article 243-K mandates a State Election Commission in every State to supervise, direct and control elections to the Panchayats; this is distinct from the Election Commission of India under Article 324.
The doctrine of "basic structure" of the Constitution was first propounded by the Supreme Court of India in:
aKesavananda Bharati v. State of Kerala
bGolak Nath v. State of Punjab
cIndira Nehru Gandhi v. Raj Narain
dMinerva Mills v. Union of India
Answer: A
The basic structure doctrine was first laid down by the thirteen-judge Bench in Kesavananda Bharati v. State of Kerala (1973), holding that Parliament's amending power under Article 368 cannot alter the basic structure of the Constitution.
Which of the following Fundamental Rights cannot be suspended even during a Proclamation of Emergency, following the 44th Amendment, 1978?
aAll rights under Part III except Article 32
bThe rights under Articles 20 and 21
cThe right to property
dThe rights under Article 19
Answer: B
By the 44th Amendment, Article 359 was amended so that the rights guaranteed by Articles 20 and 21 can never be suspended during an Emergency, reversing the position in ADM Jabalpur.
An amendment to the Constitution under Article 368 that seeks to alter the provisions relating to the election of the President, or the extent of the executive power of the Union and the States, requires:
aApproval of the President alone by ordinance
bA special majority of each House of Parliament only
cA special majority of each House plus ratification by the Legislatures of not less than one-half of the States
dA simple majority of members present and voting in each House
Answer: C
Such entrenched provisions can be amended only by a special majority of each House and, in addition, ratification by the Legislatures of not less than one-half of the States under the proviso to Article 368(2).
Article 13 of the Constitution of India primarily deals with:
aLaws inconsistent with or in derogation of the Fundamental Rights
bThe abolition of untouchability
cEquality before the law
dThe right to constitutional remedies
Answer: A
Article 13 declares that laws inconsistent with the Fundamental Rights in Part III are void to the extent of the inconsistency, and defines "law" to include ordinances, orders, bye-laws, rules, etc.
Untouchability is abolished and its practice in any form forbidden under which Article of the Constitution of India?
aArticle 17
bArticle 16
cArticle 15
dArticle 18
Answer: A
Article 17 abolishes "untouchability" and forbids its practice in any form, and the enforcement of any disability arising out of it is an offence punishable in accordance with law.
The power of the High Court to issue writs to any person or authority for the enforcement of Fundamental Rights as well as "for any other purpose" is conferred by:
aArticle 32
bArticle 136
cArticle 226
dArticle 227
Answer: C
Article 226 empowers every High Court to issue writs not only for enforcement of Fundamental Rights but also "for any other purpose", giving it wider amplitude than the Supreme Court's power under Article 32.
Appointments of persons to be, and the posting and promotion of, district judges in any State are made by the Governor of the State in consultation with the:
aCouncil of Ministers of the State
bState Public Service Commission
cChief Justice of India
dHigh Court exercising jurisdiction in relation to such State
Answer: D
Article 233(1) provides that appointment, posting and promotion of district judges is by the Governor in consultation with the High Court exercising jurisdiction in relation to that State.
A person not already in the service of the Union or of the State is eligible to be appointed a district judge under Article 233(2) only if he has been an advocate or pleader for not less than:
aFive years
bThree years
cTen years
dSeven years
Answer: D
Article 233(2) requires not less than seven years' practice as an advocate or pleader, coupled with a recommendation of the High Court for appointment.
Under the Tenth Schedule, the question whether a member of a House has become subject to disqualification on the ground of defection is decided by the:
aPresident or Governor on the advice of the Election Commission
bChairman or, as the case may be, the Speaker of the House
cHigh Court having jurisdiction
dElection Commission of India
Answer: B
Para 6 of the Tenth Schedule vests the decision on defection disqualification in the Chairman/Speaker of the House; Kihoto Hollohan held such decisions are subject to judicial review.
Articles 330A and 332A, providing for reservation of seats for women in the House of the People and in the State Legislative Assemblies, were inserted by the:
aConstitution (106th Amendment) Act, 2023
bConstitution (105th Amendment) Act, 2021
cConstitution (104th Amendment) Act, 2019
dConstitution (103rd Amendment) Act, 2019
Answer: A
The Constitution (106th Amendment) Act, 2023 (Nari Shakti Vandan Adhiniyam) inserted Articles 330A and 332A reserving one-third of seats for women.
Clauses (6) of Article 15 and Article 16, enabling the State to make special provision, including reservation up to ten per cent, for the economically weaker sections of citizens, were inserted by the:
aConstitution (101st Amendment) Act, 2016
bConstitution (102nd Amendment) Act, 2018
cConstitution (105th Amendment) Act, 2021
dConstitution (103rd Amendment) Act, 2019
Answer: D
The Constitution (103rd Amendment) Act, 2019 inserted Articles 15(6) and 16(6) enabling up to 10% reservation for economically weaker sections; upheld in Janhit Abhiyan v. Union of India (2022).
For the purposes of Part IXA of the Constitution, a "Metropolitan area" under Article 243P means an area having a population of:
aThree lakhs or more
bTen lakhs or more
cFive lakhs or more
dTwenty lakhs or more
Answer: B
Article 243P(c) defines a Metropolitan area as one having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, so specified by the Governor.
Part IXA of the Constitution, relating to the Municipalities, was added by which Constitutional Amendment Act?
aThe 69th Amendment Act, 1991
bThe 65th Amendment Act, 1990
cThe 74th Amendment Act, 1992
dThe 73rd Amendment Act, 1992
Answer: C
The Constitution (74th Amendment) Act, 1992 added Part IXA (Articles 243P to 243ZG) and the Twelfth Schedule relating to the Municipalities; Part IX (Panchayats) was added by the 73rd Amendment.
The control over subordinate courts, including the posting, promotion and grant of leave to persons belonging to the judicial service of a State and holding posts inferior to the post of district judge, is vested by the Constitution in the:
aState Public Service Commission
bHigh Court
cGovernor of the State
dState Government
Answer: B
Article 235 vests in the High Court control over district courts and courts subordinate thereto, including posting, promotion and grant of leave to members of the judicial service below the rank of district judge.
Which of the following Directive Principles directs the State to take steps to separate the judiciary from the executive in the public services of the State?
aArticle 44
bArticle 48
cArticle 39A
dArticle 50
Answer: D
Article 50 of Part IV directs the State to take steps to separate the judiciary from the executive in the public services of the State.
Section 24 of the Bharatiya Sakshya Adhiniyam, 2023 permits the Court to consider a confession made by one of several persons jointly tried for the same offence against a co-accused. Under Explanation II to this section, a trial of more persons than one held in the absence of an accused who has absconded or failed to comply with a proclamation shall be "deemed to be a joint trial". The proclamation referred to is one issued under which provision?
aSection 82 of the Code of Criminal Procedure, 1973
bSection 35 of the Bharatiya Sakshya Adhiniyam, 2023
cSection 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023
dSection 70 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Answer: C
Explanation II to Section 24 BSA deems a trial held in the absence of an accused who has absconded or failed to comply with a proclamation issued under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to be a joint trial for the purposes of the section. Explanation I separately clarifies that "offence" includes abetment or attempt.
Regarding the certificate accompanying electronic records under Section 63(4) BSA and expert opinion on electronic evidence under Section 39 BSA, which of the following statements is correct in light of the Supreme Court's clarification?
aOnly an Examiner of Electronic Evidence notified under Section 79A of the Information Technology Act, 2000 can ever sign Part B of the certificate, to the exclusion of all others
bSection 39(2) contains a non-obstante clause that strictly confines expert opinion on electronic records to Section 79A notified examiners
cA certificate under Section 63(4) is dispensed with entirely where the electronic record is produced from a computer in regular use
dWhere the Court is satisfied on unimpeachable material that a person has special skill and expertise in computer science and cyber forensics, such person's opinion may be treated as relevant expert opinion and he may sign Part B of the certificate
Answer: D
In Pune Bar Association v. Union of India (2026), the Supreme Court read Sections 63(4) and 39 harmoniously, holding that since Section 39(2) has no non-obstante clause, courts may also recognise other duly qualified computer science and cyber forensics experts as competent to sign Part B, beyond Section 79A notified examiners. Option (a) reflects the rejected Madras High Court view.
Under the Bharatiya Sakshya Adhiniyam, 2023, a confession made by a person while in the custody of a police officer is, as a general rule, not provable against him. By virtue of which provision and to what extent can the part of such information that distinctly relates to a fact thereby discovered nonetheless be proved?
aSection 25, and only the fact discovered, not any part of the information, may be proved
bSection 24, and the confession may be proved if reduced to writing by the police officer
cSection 22, and the entire confession becomes provable once any fact is discovered
dSection 23, and only so much of the information as relates distinctly to the fact discovered may be proved
Answer: D
Section 23 BSA bars confessions to police and in police custody, but the proviso to Section 23(2) allows so much of the information as relates distinctly to the fact discovered to be proved (the old Section 27 IEA discovery rule, now part of Section 23).
A statement made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, where the cause of that person's death comes into question, is a relevant fact under the Bharatiya Sakshya Adhiniyam, 2023. Such a statement is relevant under:
aSection 32
bSection 26
cSection 8
dSection 60
Answer: B
Section 26(a) BSA makes a dying declaration relevant; it corresponds to the former Section 32(1) of the Indian Evidence Act and applies whether or not the declarant was under expectation of death.
When the Court has to form an opinion upon a point of foreign law, or of science or art, or any other field, or as to the identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant facts. Under the Bharatiya Sakshya Adhiniyam, 2023, this is provided in:
aSection 79A
bSection 39
cSection 45
dSection 47
Answer: B
Section 39 BSA deals with opinions of experts (corresponding to Section 45 IEA) and additionally extends to 'any other field' and to the examiner of electronic evidence under Section 79A of the IT Act.
Under the Bharatiya Sakshya Adhiniyam, 2023, the provision dealing with the admissibility of electronic records, which permits an electronic record to be admitted without further proof or production of the original on production of the prescribed certificate, is:
aSection 62
bSection 63
cSection 65B
dSection 61
Answer: B
Section 63 BSA governs admissibility of electronic records and requires the accompanying certificate (formerly Section 65B IEA); Section 61 only grants electronic records the same legal effect as documents.
Under the Bharatiya Sakshya Adhiniyam, 2023, no particular number of witnesses shall in any case be required for the proof of any fact. This rule is contained in:
aSection 134
bSection 124
cSection 118
dSection 139
Answer: D
Section 139 BSA (corresponding to Section 134 IEA) provides that no particular number of witnesses is required for the proof of any fact.
Under the Bharatiya Sakshya Adhiniyam, 2023, the examination of a witness by the party who calls him is called examination-in-chief, and his examination by the adverse party is called cross-examination. The provision defining the order and these terms is:
aSection 138
bSection 142
cSection 146
dSection 137
Answer: B
Section 142 BSA defines examination-in-chief, cross-examination and re-examination and their order (corresponding to Section 138 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023, a leading question, if objected to by the adverse party, must not be asked in examination-in-chief or re-examination except with the permission of the Court, but may be freely asked in cross-examination. Which provision governs leading questions?
aSection 142
bSection 143
cSection 146
dSection 141
Answer: C
Section 146 BSA defines leading questions and restricts them in examination-in-chief and re-examination while permitting them in cross-examination (corresponding to Sections 141-143 IEA).
The fact that a person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution (the mother remaining unmarried), is conclusive proof of legitimacy, unless non-access is shown. Under the Bharatiya Sakshya Adhiniyam, 2023, this rule is found in:
aSection 118
bSection 112
cSection 114
dSection 116
Answer: D
Section 116 BSA makes birth during a valid marriage conclusive proof of legitimacy, subject to proof of non-access (corresponding to Section 112 IEA).
Where the question is whether a person has committed the dowry death of a woman, and it is shown that soon before her death she had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person caused the dowry death. Under the Bharatiya Sakshya Adhiniyam, 2023, this mandatory presumption is in:
aSection 119
bSection 113B
cSection 116
dSection 118
Answer: D
Section 118 BSA contains the presumption as to dowry death (corresponding to Section 113B IEA); the words 'shall presume' make it a mandatory presumption.
Under the Bharatiya Sakshya Adhiniyam, 2023, an accomplice is a competent witness against an accused person. Which of the following statements correctly reflects the position regarding corroboration of his testimony?
aAccomplice testimony alone is always sufficient to convict without any corroboration
bAn accomplice is an incompetent witness and his evidence is wholly inadmissible
cSection 138 now requires that a conviction is not illegal merely because it proceeds upon accomplice testimony, but such testimony must be corroborated in material particulars
dAn accomplice can testify only after being granted a formal pardon by the Magistrate
Answer: C
Section 138 BSA retains the accomplice as a competent witness but, as enacted, provides 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'), thereby stressing corroboration in material particulars; this is reinforced by the Section 119 illustration that an accomplice is unworthy of credit unless corroborated.
Under the Bharatiya Sakshya Adhiniyam, 2023, when a person is accused of an offence and pleads a general exception, the burden of proving the existence of circumstances bringing the case within that exception lies upon him, and the Court presumes the absence of such circumstances. This provision is:
aSection 105
bSection 108
cSection 106
dSection 104
Answer: B
Section 108 BSA places on the accused the burden of proving facts bringing his case within a general exception or proviso (corresponding to Section 105 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023, all persons are competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers, by tender years, extreme old age, disease, or any other cause of the same kind. The provision determining who may testify is:
aSection 122
bSection 139
cSection 124
dSection 118
Answer: C
Section 124 BSA lays down the test of competency to testify (corresponding to Section 118 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023, the Court is required to take judicial notice of, among other things, all laws in force in the territory of India and international treaties or conventions entered into by India. Such facts of which the Court shall take judicial notice are enumerated in:
aSection 51
bSection 52
cSection 57
dSection 56
Answer: B
Section 52 BSA lists the facts of which the Court shall take judicial notice (corresponding to Section 57 IEA).
After the 2019 Amendment, the twelve-month period within which an arbitral award (in matters other than international commercial arbitration) must be made under Section 29A(1) of the Arbitration & Conciliation Act, 1996 runs from:
athe date of the first hearing before the arbitral tribunal
bthe date the arbitral tribunal enters upon the reference
cthe date of completion of pleadings under sub-section (4) of Section 23
dthe date of the notice invoking the arbitration clause
Answer: C
The 2019 Amendment substituted Section 29A(1) so that the twelve-month period now runs from the date of completion of pleadings under Section 23(4), rather than from the date the tribunal entered upon the reference.
Where a court passes an interim measure under Section 9(1) of the Arbitration & Conciliation Act, 1996 before the commencement of arbitral proceedings, Section 9(2) requires that the arbitral proceedings be commenced:
aat any time, there being no statutory time limit for commencement
bwithin a period of ninety days from the date of such order or within such further time as the court may determine
cwithin thirty days from the date of such order, failing which the order lapses automatically
dwithin one hundred and twenty days, extendable only by the arbitral tribunal
Answer: B
Section 9(2), inserted by the 2015 Amendment, requires that arbitral proceedings be commenced within ninety days from the date of a pre-arbitral interim order, or within such further time as the court may determine.
Under the Arbitration and Conciliation Act, 1996, where the parties fail to determine the number of arbitrators, the arbitral tribunal shall consist of:
aTwo arbitrators with an umpire
bSuch number as the High Court may direct
cThree arbitrators
dA sole arbitrator
Answer: D
Section 10(1) bars an even number of arbitrators; under Section 10(2), failing any determination by the parties, the tribunal shall consist of a sole arbitrator.
An application for setting aside an arbitral award under Section 34 must ordinarily be made within three months of receipt of the award. The proviso empowers the Court, on sufficient cause, to entertain the application within a further period of:
aNinety days but not thereafter
bSixty days but not thereafter
cSuch period as the Court thinks fit
dThirty days but not thereafter
Answer: D
The proviso to Section 34(3) allows a further period of thirty days, 'but not thereafter'; the Court has no power to condone delay beyond this outer limit.
A plea that the arbitral tribunal does not have jurisdiction shall be raised:
aBefore the appointment of the arbitrator
bAt the first hearing only
cNot later than the submission of the statement of defence
dAt any time before the award is pronounced
Answer: C
Section 16(2) requires the plea of want of jurisdiction to be raised not later than the submission of the statement of defence; mere participation in appointing the arbitrator does not preclude it.
A party intending to challenge an arbitrator must send a written statement of the reasons for the challenge to the arbitral tribunal within:
aSeven days of becoming aware of the constitution of the tribunal
bFifteen days of becoming aware of the constitution of the tribunal or of the circumstances in Section 12(3)
cForty-five days of the award
dThirty days of the first sitting
Answer: B
Section 13(2) requires the written statement of reasons to be sent within fifteen days of becoming aware of the constitution of the tribunal or of any circumstance referred to in Section 12(3).
The ground of 'patent illegality appearing on the face of the award' for setting aside an arbitral award under the Act:
aApplies to all awards including international commercial arbitration
bIs available only for awards arising out of international commercial arbitration
cIs available for awards other than those arising out of international commercial arbitration
dHas no statutory basis and is purely a creation of case law
Answer: C
Section 34(2A), inserted in 2015, permits setting aside a purely domestic award for patent illegality on its face, but expressly excludes international commercial arbitration.
After an arbitral award is made under Section 31, the time for challenging it begins to run only when:
aA certified copy is filed in the competent court
bThe tribunal pronounces the operative portion in open hearing
cA signed copy of the award is delivered to each party
dThe award is uploaded to the institution's portal
Answer: C
Section 31(5) requires a signed copy of the award to be delivered to each party; receipt of that signed copy triggers the limitation under Section 34(3).
Under Section 29A, an award in a matter other than international commercial arbitration shall be made within twelve months from:
aThe date the request for arbitration is received by the respondent
bThe date of the first procedural hearing
cThe date of completion of pleadings under Section 23(4)
dThe date the arbitrator is appointed
Answer: C
Following the 2019 amendment, Section 29A(1) requires the award to be made within twelve months from the date of completion of pleadings under Section 23(4).
Where the parties to an arbitration agreement opt for the fast track procedure under Section 29B, the award shall be made within:
aSix months from the date the tribunal enters upon the reference
bTwelve months from the completion of pleadings
cNine months from the appointment of the tribunal
dThree months from the date the tribunal enters upon the reference
Answer: A
Under Section 29B, the fast track award must be made within six months from the date the tribunal enters upon the reference, generally on the basis of written pleadings without oral hearing.
Under the exception to Section 27, one who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business within specified local limits, provided:
athe buyer pays separate consideration for the restraint
bthe restraint is for a period not exceeding three years
cthe limits appear to the Court to be reasonable, regard being had to the nature of the business
dthe agreement is registered under the Registration Act
Answer: C
Exception 1 to Section 27 validates a seller of goodwill's promise not to carry on a like business so long as the buyer carries it on, provided the local limits appear reasonable to the Court having regard to the nature of the business. There is no fixed statutory time limit.
An agreement made without consideration is void; however, under Section 25 it is valid where it is a promise made on account of natural love and affection between parties standing in near relation, if such agreement is:
aoral and witnessed by two persons
baccompanied by part-performance
cmade before a notary public
dexpressed in writing and registered under the law for the time being in force for the registration of documents
Answer: D
The first exception in Section 25 requires the agreement to be in writing and registered, made on account of natural love and affection between parties in near relation. Mere oral promises on that account are not saved.
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called under Section 124:
aa contract of guarantee
ba contract of bailment
ca contract of agency
da contract of indemnity
Answer: D
Section 124 defines a contract of indemnity as a contract to save the other from loss caused by the conduct of the promisor himself or of any other person. A contract of guarantee is defined separately under Section 126.
Under Section 126 of the Indian Contract Act, 1872, the person in respect of whose default the guarantee is given is called the:
asurety
bcreditor
cprincipal debtor
dindemnifier
Answer: C
Section 126 defines a contract of guarantee and names the parties: the giver of the guarantee is the 'surety', the person to whom it is given is the 'creditor', and the person in respect of whose default it is given is the 'principal debtor'.
A contract to do an act which afterwards becomes impossible, or by reason of some event which the promisor could not prevent becomes unlawful, becomes void under Section 56:
aonly when a competent court declares it so
bfrom the very inception of the contract
cwhen the act becomes impossible or unlawful
donly if the promisee elects to rescind it
Answer: C
The second paragraph of Section 56 (supervening impossibility / doctrine of frustration) provides that the contract becomes void when the act becomes impossible or unlawful. The first paragraph deals with agreements impossible in themselves, which are void ab initio.
When an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under it is bound, under Section 65, to:
aforfeit the advantage to the State
bretain it as liquidated damages
cpay double the value as penalty
drestore it, or to make compensation for it, to the person from whom he received it
Answer: D
Section 65 imposes an obligation on a person who has received any advantage under an agreement discovered to be void, or a contract that becomes void, to restore it or make compensation for it to the person from whom it was received.
Compensation for any loss or damage caused to a party by the breach of a contract, under Section 73, may be recovered where such loss or damage:
ais any loss whatsoever, however remote, flowing from the breach
bwas expressly stipulated as a penalty in the contract
cnaturally arose in the usual course of things from the breach, or which the parties knew when they made the contract to be likely to result from its breach
darises only after a decree of specific performance is refused
Answer: C
Section 73 allows compensation for loss or damage which naturally arose in the usual course of things from the breach, or which the parties knew, when they made the contract, to be likely to result from its breach. Compensation is not given for any remote or indirect loss.
Bankers, factors, wharfingers, attorneys of a High Court and policy-brokers may, in the absence of a contract to the contrary, retain as security for a general balance of account any goods bailed to them. This general lien is conferred by:
aSection 168
bSection 170
cSection 148
dSection 171
Answer: D
Section 171 confers a general lien on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers over goods bailed to them, in the absence of a contract to the contrary. Section 170 deals with the particular (specific) lien of a bailee.
An agreement which restricts a party absolutely from enforcing his rights under a contract through the ordinary tribunals, or which limits the time within which he may enforce his rights, is, under Section 28 of the Indian Contract Act, 1872:
amerely unenforceable but not void
bvoid to that extent
cvalid in all circumstances
dvoidable at the option of either party
Answer: B
Section 28 renders void to that extent agreements that absolutely restrain a party from enforcing his contractual rights by usual legal proceedings, or that limit the time for enforcement. A saving exists for agreements to refer disputes to arbitration.
The power conferred by Section 5 of the Limitation Act, 1963 to condone delay on showing sufficient cause is available in respect of:
aSuits only
bAll suits, appeals and applications without exception
cSuits and appeals only
dAppeals and applications, but not suits
Answer: D
Section 5 permits extension of time, on sufficient cause, for any appeal or any application (other than one under Order XXI CPC); it does not apply to suits.
Under the Explanation to Section 5 of the Limitation Act, 1963, the fact that an appellant or applicant was misled by any order, practice or judgment of the High Court in computing the prescribed period:
aEntitles the party to condonation as a matter of right
bCan never amount to sufficient cause
cMay be sufficient cause within the meaning of the section
dIs sufficient cause only if certified by the Advocate General
Answer: C
The Explanation to Section 5 declares that being misled by an order, practice or judgment of the High Court may amount to sufficient cause; it is enabling, not automatic.
Under Section 9 of the Limitation Act, 1963, the rule that once time has begun to run no subsequent disability or inability stops it is subject to which qualification?
aWhere letters of administration to the estate of a creditor are granted to his debtor, the running of time for a suit to recover the debt is suspended while administration continues
bIt is wholly excluded in cases of fraud
cIt does not apply where the disability is minority
dIt does not apply to applications under Order XXI of the CPC
Answer: A
The proviso to Section 9 suspends the running of limitation for recovery of a debt while administration of the creditor's estate remains vested in the debtor.
Sections 6 and 7 of the Limitation Act, 1963 (legal disability) are, by virtue of Section 8, subject to the limitation that the period after cessation of disability cannot in any case extend beyond:
aSix years from the cessation of the disability
bTwelve years from the cessation of the disability
cOne year from the cessation of the disability
dThree years from the cessation of the disability
Answer: D
Section 8 is a proviso that caps the concession under Sections 6 and 7 so that the extended period does not exceed three years after the disability ceases, and it excludes suits for pre-emption.
Under Section 12 of the Limitation Act, 1963, in computing the period of limitation for an appeal, an application for leave to appeal or for revision or review of a judgment, the day on which the judgment complained of was pronounced is:
aCounted only if the court was open on that day
bExcluded from the computation
cIncluded in the computation
dTreated as the first day of the limitation period
Answer: B
Section 12 excludes both the day on which the judgment was pronounced and the time requisite for obtaining a copy of the decree, sentence or order.
Under Section 14 of the Limitation Act, 1963, the time during which a plaintiff has been prosecuting another civil proceeding is excluded only if that earlier proceeding was prosecuted:
aIn a criminal court of competent jurisdiction
bIn any court, irrespective of good faith, so long as it related to the same matter
cWithin three years of the accrual of the cause of action
dWith due diligence and in good faith in a court which, from defect of jurisdiction or other like cause, was unable to entertain it
Answer: D
Section 14 excludes time spent prosecuting, with due diligence and in good faith, another civil proceeding in a court unable to entertain it for defect of jurisdiction or like cause.
Under Section 15 of the Limitation Act, 1963, in computing the period of limitation for a suit, the period during which the institution of the suit was stayed by an injunction or order shall be:
aDoubled and then added to the prescribed period
bExcluded from the computation
cIgnored, as such a stay never affects limitation
dExcluded only up to a maximum of three months
Answer: B
Section 15(1) excludes the period during which the institution of the suit has been stayed by injunction or order from the computation of limitation.
Where a suit is based on the fraud of the defendant, Section 17 of the Limitation Act, 1963 provides that the period of limitation shall not begin to run until:
aThe defendant admits the fraud in writing
bThree years have elapsed from the date of the fraudulent act
cThe fraud is established by a competent criminal court
dThe plaintiff has discovered the fraud, or could with reasonable diligence have discovered it
Answer: D
Section 17 postpones the commencement of limitation in cases of fraud or mistake until the plaintiff discovers, or could with reasonable diligence have discovered, the fraud or mistake.
A declaratory decree under Section 34 of the Specific Relief Act, 1963, will not be made in favour of a plaintiff who, being able to seek further relief than a mere declaration of title, omits to do so. This rule is contained in:
aSection 36
bSection 35
cThe proviso to Section 34
dThe main body of Section 34 only
Answer: C
The proviso to Section 34 bars a court from making a mere declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.
Under Section 34 of the Specific Relief Act, 1963, a person entitled to any legal character or to any right as to any property may institute a suit for a declaration that he is so entitled, against:
aThe State Government alone
bAny person, whether or not such person has any interest in the matter
cOnly a person in actual possession of the property
dAny person denying, or interested to deny, his title to such character or right
Answer: D
Section 34 allows such a suit against any person denying or interested to deny the plaintiff's title to the legal character or right, and the court may make a declaration in its discretion.
A perpetual injunction under Section 38 of the Specific Relief Act, 1963, may be granted to the plaintiff to prevent the breach of an obligation existing in his favour. Where the obligation arises from contract, the court is guided by:
aThe principles of the law of torts exclusively
bThe discretion of the District Collector
cThe rules and provisions contained in Chapter II of the Act (specific performance)
dSection 6 alone
Answer: C
Section 38(2) provides that where the obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II of the Act dealing with specific performance.
Under Section 41(h) of the Specific Relief Act, 1963, an injunction cannot be granted:
aOnly where the suit relates to movable property
bWhenever the plaintiff has an alternative remedy of any kind whatsoever
cWhen equally efficacious relief can certainly be obtained by any other usual mode of proceeding, except in case of breach of trust
dWhen the defendant is a public servant
Answer: C
Section 41(h) bars an injunction when equally efficacious relief can certainly be obtained by any other usual mode of proceeding, except in the case of breach of trust.
Under Section 12A of the Commercial Courts Act, 2015, the period for completion of pre-institution mediation is:
aSixty days, extendable by thirty days at the discretion of the mediator
bOne year from the date of the dispute
cSix months from the date of application, not extendable
dThree months from the date of application, extendable by two months with the consent of the parties
Answer: D
Section 12A(3) prescribes completion of the mediation within three months from the date of application, which may be extended by a further two months with the consent of the parties.
Section 8 of the Commercial Courts Act, 2015 provides that no civil revision application or petition shall be entertained against an interlocutory order of a Commercial Court. Such a challenge, subject to Section 13, may be raised:
aBefore the Commercial Appellate Division by way of a separate writ petition
bOnly in an appeal against the decree of the Commercial Court
cBy review before the same Commercial Court
dBy revision before the High Court under Section 115 CPC
Answer: B
Section 8 bars civil revision against any interlocutory order (including an order on the issue of jurisdiction); such challenge, subject to Section 13, can only be raised in an appeal against the decree.
The bar in Section 8 of the Commercial Courts Act, 2015 against entertaining a civil revision applies to an interlocutory order of a Commercial Court:
aExcept an order deciding the issue of jurisdiction
bOnly in suits of a Specified Value exceeding one crore
cIncluding an order on the issue of jurisdiction
dOnly where the order affects a substantive right
Answer: C
Section 8 expressly extends the bar to any interlocutory order "including an order on the issue of jurisdiction", leaving such challenges to be raised in appeal against the decree.
A minor admitted to the benefits of partnership who wishes to elect not to become a partner on attaining majority must give public notice within:
aThirty days of attaining majority
bSix months of attaining majority or of obtaining knowledge, whichever is later
cOne year of attaining majority
dThree months of attaining majority or of obtaining knowledge, whichever is later
Answer: B
Under Section 30(5), the person must give public notice within six months of attaining majority or of obtaining knowledge of his admission, whichever date is later; failing which he becomes a partner on expiry of that period.
Where a partner is adjudicated an insolvent, he ceases to be a partner:
aOn the date on which the order of adjudication is made
bOn the date the other partners pass a resolution to expel him
cOnly when the firm is dissolved
dThree months after the order of adjudication
Answer: A
Under Section 42 read with Section 34, a partner adjudicated insolvent ceases to be a partner on the date of the adjudication order, whether or not the firm is thereby dissolved.
In settling the accounts of a firm after dissolution under Section 48, losses including deficiencies of capital are to be paid:
aFirst out of capital, then out of profits, then by partners individually
bFirst by the partners individually, then out of capital, then out of profits
cOnly by the partners individually in equal shares
dFirst out of profits, next out of capital, and lastly by the partners individually in their profit-sharing proportions
Answer: D
Section 48(a) provides that losses, including deficiencies of capital, are paid first out of profits, next out of capital, and lastly, if necessary, by the partners individually in the proportions in which they were entitled to share profits.
An accused, with sexual intent, touches the vagina of a child without penetration. Under the POCSO Act this constitutes:
aUse of child for pornographic purposes under Section 13
bSexual harassment under Section 11
cPenetrative sexual assault under Section 3
dSexual assault under Section 7
Answer: D
Section 7 defines sexual assault as physical contact with sexual intent involving touching the vagina, penis, anus or breast, or making the child touch such parts, without penetration.
The punishment for sexual assault under Section 8 of the POCSO Act is imprisonment of either description for a term which shall not be less than:
aThree years and may extend to five years
bFive years and may extend to seven years
cSeven years and may extend to ten years
dOne year and may extend to three years
Answer: A
Section 8 prescribes imprisonment of not less than three years which may extend to five years, and fine, for the offence of sexual assault under Section 7.
Q198Transfer of Property / Property Law / Easements
Under Section 54 of the Transfer of Property Act, 1882, a sale of tangible immovable property of the value of one hundred rupees and upwards can be made:
aEither by registered instrument or by delivery of the property
bOnly by a registered instrument
cBy an unregistered written agreement followed by part payment
dOnly by delivery of the property
Answer: B
Section 54 provides that in the case of tangible immovable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, sale can be made only by a registered instrument. Delivery of possession suffices only where the value is less than one hundred rupees.
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