Delhi Judiciary · Prelims Mock Test 10

Delhi Judiciary Mock Test 10 — Questions & Solutions

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Q1General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

Find the next term in the series: 3, 6, 11, 18, 27, ?

a40
b36
c42
d38
Answer: D
The differences between consecutive terms are 3, 5, 7, 9, increasing by 2 each time; the next difference is 11, so 27 + 11 = 38.
Q2General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

The doctrine 'ubi jus ibi remedium' expresses the proposition that:

aA later law repeals an earlier one
bNo man can transfer a better title than he himself has
cWhere there is a right, there is a remedy
dIgnorance of law is no excuse
Answer: C
'Ubi jus ibi remedium' means 'where there is a right, there is a remedy'; whenever the law confers a legal right, it also provides a means to enforce that right and redress its violation.
Q3General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

Pointing to a photograph, a man said, "She is the only daughter of my mother's mother." How is the woman in the photograph related to the man?

aSister
bAunt (mother's sister)
cMother
dGrandmother
Answer: C
The only daughter of the man's maternal grandmother is the man's own mother, since she is the daughter of his mother's mother.
Q4General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

Choose the word most nearly OPPOSITE in meaning to 'EXONERATE':

aPardon
bIncriminate
cAbsolve
dAcquit
Answer: B
'Exonerate' means to clear or absolve of blame; its antonym is 'incriminate', meaning to implicate or charge with fault, while acquit, pardon and absolve are synonyms.
Q5General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

The doctrine of 'stare decisis', which underpins the system of binding precedent, literally means:

aThe greater good
bLet the principal answer
cA matter judicially decided
dTo stand by things decided
Answer: D
'Stare decisis' means 'to stand by things decided'; it is the principle that courts follow precedents laid down in earlier decisions to ensure certainty and consistency in the law.
Q6General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

In the law of contract and property, the maxim 'nemo dat quod non habet' means that:

aA contract is void for uncertainty
bAn agreement without consideration is void
cNo one can give what he does not have
dThe seller alone bears the risk of loss
Answer: C
'Nemo dat quod non habet' means 'no one can give what he does not have'; generally a transferor cannot pass a better title to goods than he himself possesses, subject to recognised exceptions.
Q7General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

The legal maxim 'audi alteram partem' means:

aA matter already adjudged
bHear the other side
cNo one shall be a judge in his own cause
dThe thing speaks for itself
Answer: B
'Audi alteram partem' literally means 'hear the other side' and is one of the two cardinal principles of natural justice, requiring that no person be condemned unheard.
Q8General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

According to Salmond, jurisprudence is the science of which of the following?

aEconomic relations
bMorality and ethics
cThe first principles of the civil law
dPolitical institutions
Answer: C
Salmond defined jurisprudence as 'the science of the first principles of the civil law', distinguishing the general theory of law from particular legal systems.
Q9General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

Who has been the Chief Justice of the Delhi High Court since January 2025?

aJustice Devendra Kumar Upadhyaya
bJustice D.N. Patel
cJustice Manmohan
dJustice Satish Chandra Sharma
Answer: A
Justice Devendra Kumar Upadhyaya assumed office as the Chief Justice of the Delhi High Court on 21 January 2025.
Q10General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

The 2025 Nobel Peace Prize was awarded to:

aVolodymyr Zelenskyy
bNarges Mohammadi
cMaria Corina Machado
dThe World Food Programme
Answer: C
Venezuelan opposition leader Maria Corina Machado was awarded the 2025 Nobel Peace Prize for her work promoting democratic rights in Venezuela.
Q11General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

At the G20 Summit hosted by India in New Delhi in September 2023, which entity was admitted as a permanent member of the G20?

aThe Gulf Cooperation Council
bThe African Union
cThe Association of Southeast Asian Nations
dThe European Union
Answer: B
At the New Delhi G20 Summit in September 2023, the 55-member African Union was admitted as a permanent member, becoming the second regional bloc after the EU to hold full membership.
Q12General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

The maxim 'actus non facit reum nisi mens sit rea' embodies which principle of criminal liability?

aAn act alone, without a guilty mind, does not make a person guilty
bIgnorance of law is no excuse
cNo one can be punished twice for the same offence
dA man is presumed innocent until proven guilty
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.
Q13General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

The Bharatiya Sakshya Adhiniyam, 2023 replaced which earlier enactment?

aThe Code of Civil Procedure, 1908
bThe Code of Criminal Procedure, 1973
cThe Indian Penal Code, 1860
dThe Indian Evidence Act, 1872
Answer: D
The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872, as part of the overhaul of India's criminal justice laws effective from 1 July 2024.
Q14General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

In a certain code, GARDEN is written as HBSEFO. How would FOREST be written in the same code?

aGPSFUT
bEPSFTU
cGPSFTU
dGPFSTU
Answer: C
Each letter is shifted forward by one position in the alphabet (G to H, A to B, etc.); applying the same shift to FOREST gives GPSFTU.
Q15General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

Choose the word most nearly OPPOSITE in meaning to 'TACITURN':

aReserved
bSullen
cGarrulous
dReticent
Answer: C
'Taciturn' means habitually silent or uncommunicative; its antonym is 'garrulous', meaning excessively talkative.
Q16General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

Fill in the blank with the most appropriate option: 'The judge was known for his _____ temperament, never allowing emotion to cloud his reasoning.'

avolatile
bquerulous
ccapricious
ddispassionate
Answer: D
'Dispassionate' means not influenced by strong emotion and therefore able to be rational and impartial, which fits the description of the judge.
Q17General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

Who, having taken oath on 24 November 2025, holds the office of the 53rd Chief Justice of India?

aJustice Sanjiv Khanna
bJustice B.R. Gavai
cJustice Surya Kant
dJustice D.Y. Chandrachud
Answer: C
Justice Surya Kant was sworn in as the 53rd Chief Justice of India on 24 November 2025, succeeding Justice B.R. Gavai; he is the first CJI from Haryana.
Q18General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

The High Court of Delhi was constituted with effect from 31 October 1966 by which enactment?

aThe Punjab Reorganisation Act, 1966
bThe States Reorganisation Act, 1956
cThe Government of Union Territories Act, 1963
dThe Delhi High Court Act, 1966
Answer: D
The Delhi High Court Act, 1966 provided for the constitution of the High Court of Delhi, which began functioning from 31 October 1966 with four judges.
Q19General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

Which country won the ICC Champions Trophy held in 2025, defeating New Zealand in the final at Dubai?

aAustralia
bIndia
cEngland
dSouth Africa
Answer: B
India defeated New Zealand by four wickets in the final at Dubai on 9 March 2025 to win their third ICC Champions Trophy title.
Q20General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

Who won the men's singles title at the Wimbledon Championships, 2025, becoming the first Italian to do so?

aJannik Sinner
bDaniil Medvedev
cCarlos Alcaraz
dNovak Djokovic
Answer: A
Jannik Sinner defeated Carlos Alcaraz in the 2025 Wimbledon men's singles final, claiming his first Wimbledon title and becoming the first Italian man to win it.
Q21General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

The Nobel Peace Prize for the year 2025 was awarded to which person, recognised for promoting democratic rights in Venezuela?

aMaría Corina Machado
bNadia Murad
cMaria Ressa
dNarges Mohammadi
Answer: A
The 2025 Nobel Peace Prize was awarded to María Corina Machado for her work promoting democratic rights and a peaceful transition to democracy in Venezuela.
Q22General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

Who currently holds the office of the President of India, having been sworn in as the 15th President in July 2022?

aPratibha Patil
bRam Nath Kovind
cDroupadi Murmu
dVenkaiah Naidu
Answer: C
Droupadi Murmu was sworn in as the 15th President of India on 25 July 2022 and remains in office; she is the first person from a tribal community to hold the post.
Q23General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

In jurisprudence, the maxim 'ubi jus ibi remedium' conveys that:

aA right that is not exercised is lost
bThe law does not concern itself with trifles
cWhere there is a right, there is a remedy
dAn act does not make one guilty unless the mind is guilty
Answer: C
'Ubi jus ibi remedium' means 'where there is a right, there is a remedy', expressing that the law provides a remedy wherever it recognises a right.
Q24General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

Which jurist is most closely associated with the 'pure theory of law' (Grundnorm)?

aRoscoe Pound
bJohn Austin
cHans Kelsen
dH.L.A. Hart
Answer: C
Hans Kelsen propounded the Pure Theory of Law, under which the validity of every legal norm derives ultimately from a basic norm, the 'Grundnorm'.
Q25General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

The maxim 'actus non facit reum nisi mens sit rea' means that:

aNo one can transfer a better title than he himself has
bAn act done in good faith is no offence
cIgnorance of law is no excuse
dAn act does not make a person guilty unless there is a guilty mind
Answer: D
The maxim expresses that criminal liability generally requires both a wrongful act (actus reus) and a guilty mind (mens rea).
Q26General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

A sum of money becomes double in 5 years at simple interest. In how many years will it become four times the original sum at the same rate?

a15 years
b12 years
c20 years
d10 years
Answer: A
Doubling in 5 years means interest equals the principal in 5 years, so the rate gives 100% in 5 years (20% p.a.). Becoming four times needs interest equal to three times the principal, i.e. 300%, requiring 15 years.
Q27General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

If in a certain code 'COURT' is written as 'DPVSU', how would 'JUDGE' be written in the same code?

aKWEHF
bKVEHF
cKVFHF
dIVEHF
Answer: B
Each letter is shifted forward by one in the alphabet (C->D, O->P, etc.). Applying the same to JUDGE gives K, V, E, H, F = 'KVEHF'.
Q28General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

The Indian Penal Code, 1860 has been repealed and replaced by a new criminal code which came into force on 1st July 2024. That code is the -

aBharatiya Sakshya Adhiniyam, 2023
bBharatiya Dand Samhita, 2023
cBharatiya Nagarik Suraksha Sanhita, 2023
dBharatiya Nyaya Sanhita, 2023
Answer: D
The Bharatiya Nyaya Sanhita, 2023 replaced the IPC, 1860 and came into force on 1 July 2024; the BNSS replaced the CrPC and the BSA replaced the Evidence Act.
Q29General Knowledge / Current Legal Affairs / Aptitude (incl. jurisprudence, legal maxims)

The legal maxim 'audi alteram partem', a core principle of natural justice, means -

aLet the buyer beware
bA thing decided must not be reopened
cHear the other side
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; 'nemo judex in causa sua' is the rule against bias.
Q30English Language & Comprehension

Read the passage and answer: 'A precedent binds a subordinate court only on the ratio decidendi, that is, the legal principle on which the decision rests. Observations not necessary to the decision are obiter dicta and carry only persuasive value.' What is the binding element of a precedent?

aObiter dicta
bThe ratio decidendi
cThe dissenting opinion
dAny observation in the judgment
Answer: B
The passage states that a precedent binds only on the ratio decidendi, the principle on which the decision rests, while obiter dicta are merely persuasive.
Q31English Language & Comprehension

Select the word that means 'a person appointed to act on behalf of another in legal matters'.

aAmicus
bArbiter
cAssessor
dAttorney
Answer: D
An 'attorney' is a person legally appointed to act for another. An arbiter settles disputes, an amicus assists the court, and an assessor advises on facts.
Q32English Language & Comprehension

Choose the correct one-word substitution for 'a statement that is open to more than one interpretation'.

aCircumlocution
bTautology
cVerbosity
dEquivocation
Answer: D
'Equivocation' is language deliberately open to more than one interpretation. Tautology is needless repetition; circumlocution and verbosity refer to wordiness.
Q33English Language & Comprehension

Choose the option that best fills the blank: "The judge's remarks were so ______ that even the most experienced counsel struggled to grasp their import."

alucid
bcandid
cvoluble
dabstruse
Answer: D
"Abstruse" means difficult to understand or obscure, which fits a remark whose meaning even experts struggle to grasp; "lucid" and "candid" mean clear and frank respectively.
Q34English Language & Comprehension

Select the word that is most nearly OPPOSITE in meaning to "PARSIMONIOUS".

afrugal
bcautious
clavish
dmiserly
Answer: C
"Parsimonious" means excessively unwilling to spend money; its antonym is "lavish", meaning generous or extravagant. "Frugal" and "miserly" are synonyms.
Q35English Language & Comprehension

Fill in the blank with the correct preposition: "The petitioner has been debarred ______ practising before the tribunal for one year."

ato
bof
cagainst
dfrom
Answer: D
The verb "debar" is followed by the preposition "from" when it means to exclude someone from doing something.
Q36English Language & Comprehension

Choose the option that correctly improves the underlined part: "Hardly had the trial begun WHEN the chief witness retracted his statement."

athan the chief witness retracted
bwhen the chief witness retracted (No improvement)
cthat the chief witness retracted
dthen the chief witness retracted
Answer: B
The standard correlative of "hardly" is "when" ("hardly...when"), so the sentence is already correct and needs no improvement; only "scarcely" also pairs with "when", while "no sooner" pairs with "than".
Q37English Language & Comprehension

Choose the word nearest in meaning to "PERFUNCTORY".

ameticulous
bthorough
ccursory
denthusiastic
Answer: C
"Perfunctory" means done routinely and without real interest or care; "cursory" (hasty and superficial) is its closest synonym.
Q38English Language & Comprehension

Identify the part of the sentence that contains an error: "The committee (a)/ have submitted (b)/ its report (c)/ to the Chief Justice. (d)"

ato the Chief Justice.
bThe committee
chave submitted
dits report
Answer: C
When a collective noun like "committee" acts as a single unit (shown by the singular pronoun "its"), it takes a singular verb, so "have submitted" should be "has submitted".
Q39English Language & Comprehension

Choose the correct passive form of: "The court will deliver the judgment tomorrow."

aThe judgment will be delivered by the court tomorrow.
bThe judgment will deliver by the court tomorrow.
cThe judgment would be delivered by the court tomorrow.
dThe judgment is being delivered by the court tomorrow.
Answer: A
The future simple active "will deliver" becomes "will be delivered" in the passive, with the object "the judgment" moving to subject position.
Q40English Language & Comprehension

Choose the meaning of the foreign legal expression "ipso facto" as used in standard English.

aby that very fact or act
bin good faith
cwithout delay
dafter the fact
Answer: A
"Ipso facto" is a Latin phrase meaning "by the fact itself" or "by that very fact", indicating a consequence that follows automatically.
Q41English Language & Comprehension

Fill in the blank with the most appropriate word: "The advocate's argument, though eloquent, was essentially ______; it had no bearing on the issue before the bench."

agermane
birrelevant
ccogent
dpertinent
Answer: B
The clause "it had no bearing on the issue" signals that the argument was "irrelevant"; "germane", "cogent", and "pertinent" all imply relevance or force.
Q42English Language & Comprehension

Choose the option that correctly punctuates the sentence: "However the appeal cannot be entertained because it is time-barred."

aHowever, the appeal cannot be entertained because it is time-barred.
bHowever the appeal, cannot be entertained because it is time-barred.
cHowever; the appeal cannot be entertained because it is time-barred.
dHowever the appeal cannot be entertained, because it is time-barred.
Answer: A
When "however" is used as an introductory conjunctive adverb, it is followed by a comma; no comma is needed before the subordinating conjunction "because" here.
Q43English Language & Comprehension

Read the passage and answer the question. PASSAGE: "The doctrine of precedent does not mean that courts must blindly follow every earlier decision. A precedent that was reached per incuriam — that is, in ignorance of a relevant statute or binding authority — carries no compelling force, and a later bench is free to depart from it." According to the passage, when is a court free to depart from an earlier decision?

aWhenever it disagrees with the reasoning of the earlier decision
bOnly when a larger bench expressly overrules the earlier decision
cWhen the earlier decision was reached in ignorance of a relevant statute or binding authority
dWhen the earlier decision is more than a decade old
Answer: C
The passage states that a precedent reached per incuriam — in ignorance of a relevant statute or binding authority — carries no compelling force, allowing a later bench to depart from it.
Q44English Language & Comprehension

Choose the correct sentence with respect to the use of articles.

aHe was appointed as an honourary secretary of a bar association.
bHe was appointed as a honorary secretary of the bar association.
cHe was appointed as an honorary secretary of the bar association.
dHe was appointed as the honorary secretary of an bar association.
Answer: C
"Honorary" begins with a silent "h", so the sound is a vowel and takes "an"; option (b) wrongly uses "a", and the others misspell "honorary" or misuse other articles.
Q45English Language & Comprehension

Choose the word most nearly OPPOSITE in meaning to the word 'PRECARIOUS' as used in the sentence: 'The witness gave testimony from a precarious position.'

aUnstable
bRisky
cDoubtful
dSecure
Answer: D
'Precarious' means insecure, unstable or risky; its antonym is 'secure'. Options (a), (c) and (d) are synonyms or near-synonyms.
Q46English Language & Comprehension

Select the option that correctly completes the sentence: 'Neither the judge nor the lawyers ___ aware that the file had gone missing.'

awas
bis
cwere
dhas been
Answer: C
In 'neither ... nor', the verb agrees with the nearer subject, here the plural 'lawyers', so 'were' is correct.
Q47English Language & Comprehension

Identify the meaning of the idiom 'to take the law into one's own hands'.

aTo punish someone oneself without legal authority
bTo draft a new statute
cTo study law privately
dTo appeal to a higher court
Answer: A
The idiom means to act on one's own to punish or seek revenge instead of relying on legal authority.
Q48English Language & Comprehension

Fill in the blank with the correct preposition: 'The accused was charged ___ theft and released ___ bail.'

awith / in
bwith / on
cof / in
dfor / on
Answer: B
The standard collocations are 'charged with (an offence)' and 'released on bail'.
Q49English Language & Comprehension

Choose the word that is a SYNONYM of 'CANDID'.

aReluctant
bFrank
cHesitant
dDeceitful
Answer: B
'Candid' means open, honest and straightforward; 'frank' is its closest synonym.
Q50English Language & Comprehension

Identify the part of the sentence that contains an error: 'One of the witnesses (a)/ who was present (b)/ have refused (c)/ to depose. (d)'

ahave refused
bwho was present
cOne of the witnesses
dto depose.
Answer: A
The subject is 'One', which is singular, so the verb should be 'has refused', not 'have refused'.
Q51English Language & Comprehension

Choose the option that best expresses the meaning of the idiom 'a foregone conclusion'.

aA conclusion reached by mistake
bAn argument that was abandoned
cA judgment that has been reversed
dAn outcome decided in advance / inevitable
Answer: D
'A foregone conclusion' refers to a result that is obvious or certain before it actually happens.
Q52English Language & Comprehension

Choose the correct passive form of: 'The court will hear the petition tomorrow.'

aThe petition will be heard by the court tomorrow.
bThe petition will been heard by the court tomorrow.
cThe petition would be heard by the court tomorrow.
dThe petition is heard by the court tomorrow.
Answer: A
Future simple active 'will hear' becomes 'will be heard' in the passive voice.
Q53English Language & Comprehension

Select the word that means 'a person who deliberately sets fire to property'.

aForger
bArsonist
cBurglar
dEmbezzler
Answer: B
An 'arsonist' is one who commits arson, the crime of deliberately setting fire to property.
Q54English Language & Comprehension

Choose the option that correctly fills the blank: 'The argument was so convincing that it left little room for ___ .'

arebuttal
brebutle
crebuttle
drebottal
Answer: A
The correct word and spelling is 'rebuttal', meaning a refutation or contrary argument.
Q55English Language & Comprehension

Read the passage and answer: 'A precedent is a decided case that furnishes a basis for determining later cases involving similar facts. Courts generally follow precedents to ensure consistency, but a precedent may be overruled by a higher court or distinguished on its facts.' According to the passage, a precedent may cease to bind a court when it is —

aoverruled by a higher court or distinguished on its facts
bfollowed for consistency
creported in a law journal
dbased on similar facts
Answer: A
The passage states a precedent may be 'overruled by a higher court or distinguished on its facts', which removes its binding force.
Q56English Language & Comprehension

Choose the word that correctly completes the analogy: 'PLAINTIFF : DEFENDANT :: PROSECUTION : ___ '.

aWitness
bAppeal
cVerdict
dDefence
Answer: D
A plaintiff is opposed by a defendant in a civil suit; analogously, the prosecution is opposed by the defence in a criminal trial.
Q57Code of Civil Procedure (CPC)

Section 89 of the Code of Civil Procedure, 1908, which empowers the Court to refer a dispute for settlement outside court, enumerates which of the following modes?

aArbitration and mediation only
bNegotiation, arbitration and plea bargaining
cArbitration, conciliation, judicial settlement including settlement through Lok Adalat, and mediation
dConciliation and Lok Adalat only
Answer: C
Section 89 CPC lists four modes of alternative dispute resolution: arbitration, conciliation, judicial settlement including settlement through a Lok Adalat, and mediation.
Q58Code of Civil Procedure (CPC)

In Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24, the Supreme Court held with respect to clauses (c) and (d) of Section 89(2) CPC that:

aBoth clauses must be read down as ultra vires
bReference to arbitration under Section 89 requires no consent of parties
cSection 89 applies only to commercial disputes
dThe definitions of 'judicial settlement' and 'mediation' had been interchanged due to a drafting error and must be read by switching the terms
Answer: D
In Afcons Infrastructure, the Supreme Court noted that the definitions of 'mediation' and 'judicial settlement' in Section 89(2) were interchanged owing to a draftsman's error, and directed that the clauses be read by switching the two terms.
Q59Code of Civil Procedure (CPC)

Under Order VII Rule 11 of the Code of Civil Procedure, 1908, a plaint is NOT liable to be rejected where:

athe suit appears from the statement in the plaint to be barred by any law
bthe plaint discloses a cause of action and is properly valued and stamped
cthe relief is undervalued and the plaintiff fails to correct the valuation within the time fixed by the Court
dit does not disclose a cause of action
Answer: B
Order VII Rule 11 enumerates the grounds for rejection of a plaint; where the plaint discloses a cause of action and suffers from none of the listed defects, it cannot be rejected.
Q60Code of Civil Procedure (CPC)

Under Order VIII Rule 1 of the CPC, the defendant shall present a written statement of his defence within thirty days from the date of service of summons, extendable by the Court, but in any case not later than:

asixty days from the date of service of summons
bthe date fixed for the first hearing
cninety days from the date of service of summons
done hundred and twenty days from the date of service of summons
Answer: C
Order VIII Rule 1 CPC requires the written statement within thirty days, which the Court may extend for reasons to be recorded, but not beyond ninety days from the date of service of summons.
Q61Code of Civil Procedure (CPC)

The principle of res judicata is embodied in the Code of Civil Procedure, 1908 in:

aSection 9
bSection 10
cSection 11
dSection 13
Answer: C
Section 11 CPC enacts the doctrine of res judicata, barring a court from trying any suit or issue that has been directly and substantially in issue in a former suit between the same parties and finally decided by a competent court.
Q62Code of Civil Procedure (CPC)

Which Section of the CPC embodies the rule of res sub judice, requiring a Court to stay 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?

aSection 12
bSection 11
cSection 9
dSection 10
Answer: D
Section 10 CPC provides for stay of suit (res sub judice), preventing courts of concurrent jurisdiction from simultaneously trying two parallel suits on the same matter between the same parties.
Q63Code of Civil Procedure (CPC)

The revisional jurisdiction of the High Court over subordinate courts under the Code of Civil Procedure, 1908 is contained in:

aSection 151
bSection 100
cSection 96
dSection 115
Answer: D
Section 115 CPC confers revisional jurisdiction on the High Court to call for the record of a case decided by a subordinate court where it appears the subordinate court exercised a jurisdiction not vested in it, failed to exercise jurisdiction so vested, or acted illegally or with material irregularity.
Q64Code of Civil Procedure (CPC)

Under the proviso to Order VI Rule 17 of the CPC, an application for amendment of pleadings shall not be allowed after the trial has commenced unless the Court concludes that:

athe opposite party has consented to the amendment
bin spite of due diligence, the party could not have raised the matter before the commencement of the trial
cthe amendment does not change the nature of the suit
dthe court fee on the amended claim has been paid
Answer: B
The proviso to Order VI Rule 17 bars amendment of pleadings after commencement of trial unless the Court is satisfied that, despite due diligence, the party could not have raised the matter earlier.
Q65Code of Civil Procedure (CPC)

Section 80 of the Code of Civil Procedure, 1908 requires that no suit shall be instituted against the Government or a public officer in respect of an act done in his official capacity until the expiration of:

atwo months after notice in writing
bone month after notice in writing
cthree months after notice in writing
dsix months after notice in writing
Answer: A
Section 80 CPC mandates a two months' prior written notice before instituting a suit against the Government or a public officer in respect of an act purporting to be done in his official capacity.
Q66Code of Civil Procedure (CPC)

An application by a defendant to set aside an ex parte decree passed against him under Order IX Rule 13 of the CPC may succeed where the defendant satisfies the Court that:

aa fresh suit on the same cause of action is more convenient
bthe decree is erroneous on merits
cthe summons was not duly served, or he was prevented by sufficient cause from appearing when the suit was called on for hearing
dthe suit was barred by limitation
Answer: C
Under Order IX Rule 13 CPC, an ex parte decree may be set aside if the defendant shows that the summons was not duly served or that he was prevented by sufficient cause from appearing at the hearing.
Q67Code of Civil Procedure (CPC)

Where one of several defendants dies and the right to sue survives against the surviving defendants, but no application for substitution of the legal representatives of the deceased defendant is made within the time limited by law, the consequence under Order XXII Rule 4 of the CPC is that:

athe suit abates as against the deceased defendant
bthe suit continues without any abatement
cthe entire suit abates
dthe suit is dismissed for default
Answer: A
Under Order XXII Rule 4 CPC, where no application to bring the legal representatives on record is made within the prescribed time, the suit abates as against the deceased defendant alone (the right to sue surviving against the others).
Q68Code of Civil Procedure (CPC)

A temporary injunction restraining a party during the pendency of a suit may be granted under the Code of Civil Procedure, 1908 under:

aOrder XXXIX Rules 1 and 2
bOrder XXXVII Rules 1 and 2
cOrder XXI Rules 1 and 2
dOrder XXIII Rules 1 and 2
Answer: A
Order XXXIX Rules 1 and 2 CPC empower the Court to grant a temporary injunction during the pendency of a suit, for instance to restrain waste, alienation of disputed property, or dispossession of the plaintiff.
Q69Code of Civil Procedure (CPC)

Under the Code of Civil Procedure, 1908, the jurisdiction of the civil court to try all suits of a civil nature, excepting suits of which their cognizance is either expressly or impliedly barred, is conferred by:

aSection 11
bSection 15
cSection 20
dSection 9
Answer: D
Section 9 CPC provides that the courts shall have jurisdiction to try all suits of a civil nature except those whose cognizance is expressly or impliedly barred. Section 11 deals with res judicata.
Q70Code of Civil Procedure (CPC)

The doctrine of res judicata, which bars a court from trying a suit or issue already finally decided between the same parties, is contained in:

aSection 13
bSection 12
cSection 10
dSection 11
Answer: D
Section 11 CPC embodies res judicata. Section 10 deals with stay of suit (res sub judice), while Section 13 deals with when a foreign judgment is conclusive.
Q71Code of Civil Procedure (CPC)

A first appeal from an original decree under Section 96 of the Code of Civil Procedure, 1908 may be heard and decided:

aOn both questions of fact and questions of law
bOnly on questions of fact
cOnly on a substantial question of law
dOnly with the leave of the High Court
Answer: A
An appeal under Section 96 (first appeal) lies on both questions of fact and law, whereas a second appeal under Section 100 lies only on a substantial question of law.
Q72Code of Civil Procedure (CPC)

Under Section 100 of the Code of Civil Procedure, 1908, a second appeal lies to the High Court only where the case involves:

aAn error of jurisdiction alone
bA question of fact
cA mixed question of fact and law
dA substantial question of law
Answer: D
Section 100 CPC confines the second appeal to a substantial question of law, which must be formulated by the High Court.
Q73Code of Civil Procedure (CPC)

The revisional jurisdiction of the High Court to correct a subordinate court that has exercised a jurisdiction not vested in it, or failed to exercise a jurisdiction so vested, is conferred by:

aSection 100
bSection 115
cSection 96
dSection 114
Answer: B
Section 115 CPC vests revisional (supervisory) power in the High Court to correct jurisdictional errors of subordinate courts. Section 114 deals with review.
Q74Code of Civil Procedure (CPC)

No suit shall be instituted against the Government (or a public officer in respect of an act in his official capacity) until the expiration of how much time after notice in writing under Section 80 of the Code of Civil Procedure, 1908?

aSix months
bOne month
cTwo months
dThree months
Answer: C
Section 80 CPC requires the expiration of two months next after a written notice has been delivered before a suit against the Government or such public officer is instituted.
Q75Code of Civil Procedure (CPC)

Power to grant a temporary injunction restraining a party from causing injury to the property in dispute, or from dispossessing the plaintiff, during the pendency of a suit is provided under:

aOrder XXXVII, Rules 1 and 2
bOrder XXXIX, Rules 1 and 2
cOrder XXI, Rules 1 and 2
dOrder XXVI, Rules 1 and 2
Answer: B
Order XXXIX, Rules 1 and 2 CPC govern the grant of temporary injunctions to preserve the property in dispute and maintain status quo during the suit.
Q76Code of Civil Procedure (CPC)

The summary procedure for recovery of a debt or liquidated demand arising on a written contract, bill of exchange, hundi or promissory note is laid down in the Code of Civil Procedure, 1908 under:

aOrder XXXVII
bOrder XXXIX
cOrder XXI
dOrder XXXIV
Answer: A
Order XXXVII CPC provides for summary suits, in which the defendant must seek leave to defend; Order XXXIV deals with suits relating to mortgages.
Q77Code of Civil Procedure (CPC)

Where a plaint does not disclose a cause of action, or the suit appears from the statement in the plaint to be barred by any law, the plaint is liable to be rejected under:

aOrder VI, Rule 17
bOrder IX, Rule 13
cOrder VIII, Rule 10
dOrder VII, Rule 11
Answer: D
Order VII, Rule 11 CPC enumerates the grounds for rejection of a plaint, including failure to disclose a cause of action and the suit being barred by law.
Q78Code of Civil Procedure (CPC)

A defendant against whom an ex parte decree has been passed may apply for setting it aside, on showing sufficient cause for non-appearance, under:

aOrder IX, Rule 9
bOrder IX, Rule 6
cOrder XXIII, Rule 1
dOrder IX, Rule 13
Answer: D
Order IX, Rule 13 CPC permits a defendant to apply for setting aside an ex parte decree where he was prevented by sufficient cause from appearing. Rule 9 concerns restoration of a suit dismissed in default.
Q79Code of Civil Procedure (CPC)

The power of the court to add, strike out or substitute parties so that all questions in the suit may be effectually and completely adjudicated upon is contained in:

aOrder VI, Rule 17
bOrder II, Rule 2
cOrder XXII, Rule 3
dOrder I, Rule 10
Answer: D
Order I, Rule 10 CPC empowers the court to add or strike out parties at any stage of the proceedings to enable complete adjudication of the dispute.
Q80Code of Civil Procedure (CPC)

Amendment of pleadings, allowing parties to alter or amend their pleadings as may be necessary for determining the real questions in controversy, is governed by:

aOrder VII, Rule 14
bOrder VIII, Rule 1
cOrder I, Rule 10
dOrder VI, Rule 17
Answer: D
Order VI, Rule 17 CPC empowers the court to allow amendment of pleadings at any stage for determining the real questions in controversy, subject to the proviso restricting post-trial amendments.
Q81Code of Civil Procedure (CPC)

Restitution, that is, placing the parties in the position they would have occupied but for a decree which is subsequently varied or reversed, is provided for under:

aSection 148
bSection 47
cSection 151
dSection 144
Answer: D
Section 144 CPC provides for restitution on the variation or reversal of a decree, restoring the parties to their earlier position.
Q82Code of Criminal Procedure (CrPC / BNSS)

Under Section 35(7) BNSS, in respect of an offence punishable with imprisonment for less than three years, a person who is infirm or above sixty years of age shall not be arrested except with the prior permission of:

aAn officer not below the rank of Deputy Superintendent of Police
bThe Superintendent of Police of the district
cThe Judicial Magistrate of the first class
dThe Public Prosecutor concerned
Answer: A
Section 35(7) BNSS bars arrest of an infirm person or one above sixty years, for an offence punishable with less than three years' imprisonment, without prior permission of an officer not below the rank of DSP.
Q83Code of Criminal Procedure (CrPC / BNSS)

A new form of punishment introduced by the BNSS, defined in its Explanation to Section 23 as work which the Court may order a convict to perform as a form of punishment benefiting the community, for which the convict is not entitled to any remuneration, is:

aProbation of good conduct
bCommunity service
cPlea bargaining credit
dHouse arrest
Answer: B
The Explanation to Section 23 BNSS defines 'community service' as work the convict performs as punishment benefiting the community, for which he gets no remuneration; it is a sentencing option newly recognised under the BNSS/BNS.
Q84Code of Criminal Procedure (CrPC / BNSS)

Under Section 187 BNSS, the total period of fifteen days of detention in police custody that a Magistrate may authorise:

aIs available only for offences punishable with death or life imprisonment
bCan never exceed 7 days in any case
cMust be taken in one continuous block within the first 15 days of remand only
dMay be sought in parts during the initial 40 or 60 days of the period of detention
Answer: D
Section 187 BNSS permits the 15 days of police custody to be authorised in whole or in parts, taken at any time during the initial 40 days (for ordinary offences) or 60 days (for grave offences) of the detention period.
Q85Code of Criminal Procedure (CrPC / BNSS)

The provision for grant of anticipatory bail (direction for release in anticipation of arrest), corresponding to the erstwhile Section 438 CrPC, is now found in the BNSS at:

aSection 483 BNSS
bSection 438 BNSS
cSection 482 BNSS
dSection 480 BNSS
Answer: C
Section 482 BNSS deals with the grant of bail to a person apprehending arrest (anticipatory bail), corresponding to Section 438 of the old CrPC.
Q86Code of Criminal Procedure (CrPC / BNSS)

Under Section 356 BNSS, which introduces trial in absentia of a proclaimed offender who has absconded to evade trial with no immediate prospect of arrest, such trial in absentia shall not commence until a period of how many days has elapsed from the date of framing of the charge?

aThirty days
bNinety days
cSixty days
dOne hundred and eighty days
Answer: B
Section 356 BNSS provides that the inquiry or trial in absentia of a proclaimed offender shall not commence unless a period of ninety days from the date of framing of charge has elapsed.
Q87Code of Criminal Procedure (CrPC / BNSS)

Under Section 230 BNSS, the copies of the police report, first information report, statements and other documents forwarded with the report must be supplied to the accused and the victim free of cost within:

aSeven days from the production or appearance of the accused
bFourteen days from the production or appearance of the accused
cSixty days from the production or appearance of the accused
dThirty days from the production or appearance of the accused
Answer: B
Section 230 BNSS requires the Magistrate to supply, without delay and in any case not later than fourteen days from production or appearance of the accused, copies of the police report and connected documents to the accused and the victim.
Q88Code of Criminal Procedure (CrPC / BNSS)

Under Section 258 BNSS, after the conclusion of arguments the Court must pronounce its judgment in open court within thirty days, extendable for recorded reasons up to a maximum of:

aForty-five days
bNinety days
cSixty days
dForty days
Answer: A
Section 258 BNSS requires judgment within thirty days of conclusion of arguments, extendable to a maximum of forty-five days for reasons recorded in writing.
Q89Code of Criminal Procedure (CrPC / BNSS)

Section 64 BNSS now permits service of a summons to be effected by which additional mode not available under the corresponding CrPC provision?

aBy beat of drum in the locality
bBy electronic communication bearing the image of the court's seal or a digital signature
cOnly by registered post acknowledgement due
dBy publication in two daily newspapers
Answer: B
Section 64 BNSS expressly recognises service of summons by electronic communication; the proviso requires that such summons bear the image of the court's seal or the digital signature.
Q90Code of Criminal Procedure (CrPC / BNSS)

Under the BNSS regime governing mercy petitions in death sentence cases (Section 472), a convict under sentence of death may file a mercy petition to the President of India within how many days from the date of receipt of the Jail Superintendent's record and the State Government's comments?

aThirty days
bSixty days
cFifteen days
dNinety days
Answer: B
Section 472 BNSS provides that a person sentenced to death may submit a mercy petition to the President within sixty days of receiving the prescribed records and comments.
Q91Code of Criminal Procedure (CrPC / BNSS)

Under Section 193 BNSS, where on completion of investigation the police officer forms an opinion, the report on completion of investigation (the charge-sheet) is forwarded to:

aThe Sessions Court directly in all cases
bThe Magistrate empowered to take cognizance of the offence on a police report
cThe Public Prosecutor for sanction before filing
dThe Director of Prosecution directly
Answer: B
Section 193 BNSS requires the officer in charge, on completion of investigation, to forward the report (charge-sheet) to a Magistrate empowered to take cognizance of the offence on a police report.
Q92Code of Criminal Procedure (CrPC / BNSS)

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where an investigation cannot be completed within twenty-four hours, the maximum aggregate period for which a Magistrate may authorise detention of an accused for an offence punishable with imprisonment for a term of less than ten years is:

a15 days
b90 days
c30 days
d60 days
Answer: D
Section 187 BNSS retains the CrPC scheme: 90 days where the offence is punishable with death, life imprisonment or imprisonment of not less than ten years, and 60 days for any other offence.
Q93Code of Criminal Procedure (CrPC / BNSS)

A statutory 'Zero FIR'—registration of a cognizable offence by any police station irrespective of the area where the offence was committed—has been expressly recognised for the first time under which provision of the BNSS, 2023?

aSection 173
bSection 154
cSection 190
dSection 175
Answer: A
Section 173(1) BNSS expressly permits information about a cognizable offence to be given to any police station irrespective of the area where the offence is committed, giving statutory backing to the Zero FIR.
Q94Code of Criminal Procedure (CrPC / BNSS)

Under Section 35(7) of the BNSS, 2023, a person who is above sixty years of age or is infirm cannot be arrested without warrant, in respect of an offence punishable with imprisonment for less than three years, except with the prior permission of an officer not below the rank of:

aInspector of Police
bStation House Officer
cDeputy Superintendent of Police
dSuperintendent of Police
Answer: C
Section 35(7) BNSS bars arrest of such persons for offences punishable with imprisonment of less than three years save with the prior permission of an officer not below the rank of Deputy Superintendent of Police.
Q95Code of Criminal Procedure (CrPC / BNSS)

Under the BNSS, 2023, investigation in relation to an offence of rape and certain offences against children under the POCSO Act must be completed within:

aSixty days from arrest of the accused
bTwo months from recording of information
cOne month from recording of information
dThree months from recording of information
Answer: B
Section 193(2) BNSS requires investigation in the specified sexual offences (including rape) and listed POCSO offences to be completed within two months from the date on which information was recorded.
Q96Code of Criminal Procedure (CrPC / BNSS)

Under Section 23(1) of the BNSS, 2023, the Court of a Chief Judicial Magistrate may pass any sentence authorised by law except:

aA sentence of death, imprisonment for life, or imprisonment exceeding seven years
bA sentence of death, imprisonment for life, or imprisonment exceeding ten years
cA sentence of imprisonment exceeding three years
dA sentence of imprisonment exceeding five years or a fine exceeding ten thousand rupees
Answer: A
Section 23(1) BNSS empowers a Chief Judicial Magistrate to pass any sentence authorised by law except death, imprisonment for life, or imprisonment for a term exceeding seven years.
Q97Code of Criminal Procedure (CrPC / BNSS)

Under Section 479 of the BNSS, 2023, a first-time offender (with no previous conviction) who is an undertrial is entitled to be released on bond by the Court on having undergone detention for a period extending up to:

aOne-third of the maximum period of imprisonment specified for the offence
bThe entire maximum period of imprisonment specified for the offence
cOne-half of the maximum period of imprisonment specified for the offence
dOne-fourth of the maximum period of imprisonment specified for the offence
Answer: A
The proviso to Section 479(1) BNSS introduces a one-third rule: a first-time offender shall be released on bond once detention reaches one-third of the maximum imprisonment specified, whereas the general rule remains one-half.
Q98Code of Criminal Procedure (CrPC / BNSS)

The BNSS, 2023 for the first time codifies a complete procedure for inquiry, trial or judgment in the absence of an absconding accused. This 'trial in absentia' of a proclaimed offender is provided under:

aSection 482
bSection 84
cSection 356
dSection 299
Answer: C
Section 356 BNSS is a new provision permitting inquiry, trial or judgment in absentia of a proclaimed offender who has absconded to evade trial, with statutory safeguards before such trial commences.
Q99Code of Criminal Procedure (CrPC / BNSS)

Under the definition clause of the BNSS, 2023, a 'warrant-case' means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term:

aOf not less than seven years
bExceeding two years
cExceeding one year
dExceeding three years
Answer: B
Section 2 BNSS retains the CrPC definition: a warrant-case relates to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years; every other case is a summons-case.
Q100Code of Criminal Procedure (CrPC / BNSS)

Anticipatory bail, i.e. a direction for grant of bail to a person apprehending arrest on accusation of a non-bailable offence, is provided under which section of the BNSS, 2023?

aSection 480
bSection 482
cSection 483
dSection 438
Answer: B
Section 482 BNSS, corresponding to the former Section 438 CrPC, empowers the High Court or the Court of Session to direct that a person apprehending arrest be released on bail in the event of such arrest.
Q101Code of Criminal Procedure (CrPC / BNSS)

Under Section 58 of the BNSS, 2023, a person arrested without warrant must be produced before the nearest Magistrate within twenty-four hours of arrest, this period being computed:

aFrom the time the police report is filed
bIncluding the time necessary for the journey from the place of arrest to the Magistrate's Court
cFrom the time of registration of the FIR
dExclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court
Answer: D
Section 58 BNSS (like Section 57 CrPC) requires production within twenty-four hours, exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court, absent a special order under Section 187.
Q102Code of Criminal Procedure (CrPC / BNSS)

Under Section 23(2) of the BNSS, 2023, the Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding:

aOne lakh rupees
bTen thousand rupees
cFifty thousand rupees
dTwenty-five thousand rupees
Answer: C
Section 23(2) BNSS empowers a Magistrate of the first class to award imprisonment up to three years, or fine up to fifty thousand rupees, or both, or community service.
Q103Code of Criminal Procedure (CrPC / BNSS)

Under Section 187 of the BNSS, 2023, for an offence punishable with imprisonment up to ten years, the fifteen-day period of police custody (which need not be at one stretch) must be availed by the police within the first:

aSixty days of detention
bThirty days of detention
cFifteen days of detention
dForty days of detention
Answer: D
Under Section 187 BNSS, as clarified by the Karnataka High Court, for offences punishable up to ten years the fifteen-day police custody must be availed within the first forty days of the sixty-day detention period.
Q104Code of Criminal Procedure (CrPC / BNSS)

Under Section 35(3) of the BNSS, 2023, where a person is accused of a cognizable offence punishable with imprisonment which may extend to seven years, instead of arresting him the police officer must:

aImmediately file a charge-sheet
bIssue and serve a notice directing him to appear before the officer
cObtain a warrant from the Magistrate before any further step
dRefer the matter to the Superintendent of Police
Answer: B
Section 35(3) BNSS requires the issue of a notice of appearance, rather than arrest, where the offence is punishable with imprisonment up to seven years; the Supreme Court has held compliance with this notice requirement mandatory.
Q105Code of Criminal Procedure (CrPC / BNSS)

Section 35 of the BNSS, 2023 deals with:

aPerson arrested not to be detained more than twenty-four hours
bArrest by a Magistrate
cWhen police may arrest without warrant
dProcedure when investigation cannot be completed in twenty-four hours
Answer: C
Section 35 BNSS (corresponding to Section 41 CrPC) sets out the circumstances in which a police officer may arrest a person without an order from a Magistrate and without a warrant.
Q106Indian Penal Code (IPC / BNS)

A, with the intention of causing the death of Z, fires a shot but the bullet strikes and kills C, a bystander whose death A did not intend. The provision of the Bharatiya Nyaya Sanhita, 2023 that fixes A's liability on the principle that culpable homicide may be by causing the death of a person other than the one intended is:

aSection 101
bSection 99
cSection 98
dSection 100
Answer: D
Section 100 of the BNS, 2023 embodies the doctrine of transferred malice ('culpable homicide by causing death of person other than person whose death was intended'), formerly Section 301 IPC.
Q107Indian Penal Code (IPC / BNS)

The offence of voluntarily causing grievous hurt by use of acid (acid attack), punishable with imprisonment of not less than ten years extendable to imprisonment for life, is provided in the Bharatiya Nyaya Sanhita, 2023 in:

aSection 124
bSection 122
cSection 118
dSection 326A
Answer: B
Section 122 of the BNS, 2023 punishes voluntarily causing grievous hurt by use of acid; the minimum sentence is ten years, extendable to life, with fine payable to the victim.
Q108Indian Penal Code (IPC / BNS)

Under the Bharatiya Nyaya Sanhita, 2023, when five or more persons conjointly commit or attempt to commit a robbery, the offence is termed:

aDacoity, under Section 308
bOrganised crime, under Section 109
cRobbery, under Section 309
dDacoity, under Section 310
Answer: A
Section 308 of the BNS, 2023 defines dacoity, which requires five or more persons conjointly committing or attempting robbery; Section 307 defines robbery itself.
Q109Indian Penal Code (IPC / BNS)

The offence of criminal conspiracy, requiring an agreement between two or more persons to do or cause to be done an illegal act or a legal act by illegal means, is defined under the Bharatiya Nyaya Sanhita, 2023 in:

aSection 45
bSection 120A
cSection 61
dSection 62
Answer: C
Section 61 of the BNS, 2023 defines and punishes criminal conspiracy, corresponding to the former Sections 120A and 120B of the IPC.
Q110Indian Penal Code (IPC / BNS)

Where a child under eighteen years of age, a person with mental illness, a delirious person or an intoxicated person commits suicide, a person who abets such suicide is liable to enhanced punishment (death or imprisonment for life) under the Bharatiya Nyaya Sanhita, 2023 in:

aSection 105
bSection 106
cSection 305
dSection 108
Answer: A
Section 105 of the BNS, 2023 deals with abetment of suicide of a child or person with mental illness etc.; Section 106 covers abetment of suicide generally.
Q111Indian Penal Code (IPC / BNS)

Under the Bharatiya Nyaya Sanhita, 2023, the substantive offence of murder is defined and the punishment for murder is prescribed, respectively, in:

aSection 99 and Section 101
bSection 100 and Section 102
cSection 103 and Section 105
dSection 101 and Section 103
Answer: D
Section 101 BNS defines murder (corresponding to old s.300 IPC) while Section 103 BNS prescribes the punishment of death or imprisonment for life with fine (old s.302 IPC).
Q112Indian Penal Code (IPC / BNS)

The principle of joint liability for a criminal act done by several persons in furtherance of a common intention, earlier housed in Section 34 of the IPC, is now contained in the Bharatiya Nyaya Sanhita, 2023 in:

aSection 34
bSection 3(5)
cSection 61
dSection 190
Answer: B
Section 3(5) BNS replicates old Section 34 IPC, making each of two or more persons acting in furtherance of common intention liable as if the act were done by him alone.
Q113Indian Penal Code (IPC / BNS)

Under the Bharatiya Nyaya Sanhita, 2023, the rule that every member of an unlawful assembly is guilty of an offence committed in prosecution of the common object (formerly Section 149 IPC) is found in:

aSection 189
bSection 146
cSection 190
dSection 191
Answer: C
Section 190 BNS corresponds to old Section 149 IPC and fastens constructive liability on every member of an unlawful assembly for offences committed in prosecution of the common object.
Q114Indian Penal Code (IPC / BNS)

'A', intending to kill 'Z', shoots at 'Z' but the bullet misses and instead kills 'Y', a bystander. Under the Bharatiya Nyaya Sanhita, 2023, A's liability for the death of 'Y' rests on the doctrine of:

aTransferred malice (transfer of intent)
bConstructive liability
cVicarious liability
dCommon object
Answer: A
The doctrine of transferred malice, recognised in the definition of culpable homicide and murder (Sections 100-101 BNS), transfers A's intent to kill Z onto the actual victim Y.
Q115Indian Penal Code (IPC / BNS)

Snatching, introduced for the first time as a distinct offence under the Bharatiya Nyaya Sanhita, 2023, is dealt with in which section, and what is its maximum term of imprisonment?

aSection 303; seven years
bSection 309; five years
cSection 304; three years
dSection 305; ten years
Answer: C
Section 304 BNS creates the new offence of snatching (sudden, quick or forcible seizing of movable property) punishable with imprisonment up to three years and fine.
Q116Indian Penal Code (IPC / BNS)

Under the Bharatiya Nyaya Sanhita, 2023, the general offence of causing death by rash or negligent act not amounting to culpable homicide (formerly Section 304A IPC) is punishable with imprisonment which may extend to:

aFive years
bSeven years
cTwo years
dThree years
Answer: A
Section 106(1) BNS enhanced the maximum punishment from two years (old s.304A IPC) to five years and fine for causing death by negligence.
Q117Indian Penal Code (IPC / BNS)

Section 69 of the Bharatiya Nyaya Sanhita, 2023, a newly carved-out offence, deals with:

aGang rape of a woman under sixteen years
bSexual intercourse by employing deceitful means, including a false promise of marriage
cMarital rape of a wife above eighteen years
dVoyeurism and stalking
Answer: B
Section 69 BNS is a new stand-alone offence punishing sexual intercourse obtained by deceitful means (such as a false promise to marry, employment or promotion), with imprisonment up to ten years and fine.
Q118Indian Penal Code (IPC / BNS)

Match List-I (offence under the Bharatiya Nyaya Sanhita, 2023) with List-II (section) and select the correct code: List-I: (a) Theft (b) Cheating (c) Criminal breach of trust (d) Criminal intimidation List-II: 1. Section 318 2. Section 351 3. Section 303 4. Section 316

a(a)-3 (b)-4 (c)-1 (d)-2
b(a)-1 (b)-3 (c)-2 (d)-4
c(a)-3 (b)-1 (c)-4 (d)-2
d(a)-2 (b)-1 (c)-4 (d)-3
Answer: C
Under the BNS, theft is s.303, cheating is s.318, criminal breach of trust is s.316 and criminal intimidation is s.351.
Q119Indian Penal Code (IPC / BNS)

The offence of dowry death under the Bharatiya Nyaya Sanhita, 2023 (formerly Section 304B IPC), under which there is a presumption when a woman dies otherwise than under normal circumstances within seven years of marriage, is contained in:

aSection 79
bSection 85
cSection 86
dSection 80
Answer: D
Section 80 BNS re-enacts dowry death (old s.304B IPC); cruelty by husband or relatives is separately dealt with in Section 85 BNS.
Q120Indian Penal Code (IPC / BNS)

Under the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body extends to voluntarily causing the death of the assailant in the situations enumerated in:

aSection 37
bSection 38
cSection 35
dSection 44
Answer: B
Section 38 BNS (formerly Section 100 IPC) enumerates the assaults — such as those causing reasonable apprehension of death, grievous hurt, rape or acid attack — in which the right of private defence of the body may extend to causing death.
Q121Indian Penal Code (IPC / BNS)

Which of the following is NOT an offence newly introduced by the Bharatiya Nyaya Sanhita, 2023?

aCriminal conspiracy (Section 61)
bTerrorist act (Section 113)
cSnatching (Section 304)
dOrganised crime (Section 111)
Answer: A
Criminal conspiracy under Section 61 BNS merely re-enacts old Sections 120A/120B IPC; organised crime, terrorist act and snatching are genuinely new offences in the BNS.
Q122Indian Penal Code (IPC / BNS)

Under the Bharatiya Nyaya Sanhita, 2023, where a person causes the death of another by rash and negligent driving of a vehicle and escapes without reporting the incident to a police officer or Magistrate soon thereafter, the maximum punishment prescribed is:

aFive years
bSeven years
cTwo years
dTen years
Answer: D
The proviso to Section 106(2) BNS specially punishes such 'hit-and-run' conduct with imprisonment which may extend to ten years and fine.
Q123Indian Penal Code (IPC / BNS)

Culpable homicide is not murder under Exception 1 to Section 101 of the Bharatiya Nyaya Sanhita, 2023 if the offender, while deprived of the power of self-control by:

aVoluntary intoxication, causes death
bMere words or gestures alone in every case
cGrave and sudden provocation, causes the death of the person who gave the provocation
dA provocation he himself sought as an excuse for killing
Answer: C
Exception 1 to Section 101 BNS reduces murder to culpable homicide where death is caused under grave and sudden provocation given by the deceased, subject to the stated provisos.
Q124Indian Penal Code (IPC / BNS)

Under the Bharatiya Nyaya Sanhita, 2023, the minimum number of persons required to constitute the offence of dacoity (Section 310) is:

aSeven or more
bFive or more
cTwo or more
dThree or more
Answer: B
Section 310 BNS (like old s.391 IPC) requires that five or more persons conjointly commit or attempt to commit robbery for the act to amount to dacoity.
Q125Constitution of India

Which Article of the Constitution of India abolishes untouchability and forbids its practice in any form, making its enforcement an offence punishable in accordance with law?

aArticle 16
bArticle 17
cArticle 15
dArticle 18
Answer: B
Article 17 abolishes untouchability and forbids its practice in any form; the enforcement of any disability arising out of untouchability is an offence punishable in accordance with law.
Q126Constitution of India

Under Article 72 of the Constitution of India, the power to grant pardons, reprieves, respites or remissions of punishment, and to suspend, remit or commute sentences in certain cases, is vested in the:

aChief Justice of India
bCouncil of Ministers
cPresident of India
dGovernor of a State
Answer: C
Article 72 vests in the President the power to grant pardons, reprieves, respites or remissions of punishment and to suspend, remit or commute sentences, including in cases of sentences of death; the corresponding power of the Governor is under Article 161.
Q127Constitution of India

Even during the operation of a Proclamation of Emergency, the right to move any court for the enforcement of which of the following fundamental rights cannot be suspended under Article 359 of the Constitution of India?

aRights under Article 14
bRights under Article 19
cRights under Articles 20 and 21
dRights under Article 31A
Answer: C
By the Forty-fourth Amendment, Article 359(1) was amended so that the enforcement of Articles 20 and 21 cannot be suspended even during an Emergency.
Q128Constitution of India

The right of minorities, whether based on religion or language, to establish and administer educational institutions of their choice is guaranteed by which Article of the Constitution of India?

aArticle 29
bArticle 30
cArticle 28
dArticle 25
Answer: B
Article 30(1) guarantees to all minorities, whether based on religion or language, the right to establish and administer educational institutions of their choice.
Q129Constitution of India

Adjudication of disputes relating to waters of inter-State rivers or river valleys is dealt with by which Article of the Constitution of India?

aArticle 261
bArticle 263
cArticle 262
dArticle 264
Answer: C
Article 262 empowers Parliament by law to provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of any inter-State river or river valley, and may bar the jurisdiction of courts.
Q130Constitution of India

The Constitution (Ninety-ninth Amendment) Act, 2014, which sought to establish the National Judicial Appointments Commission for appointment of judges, was struck down by the Supreme Court as violative of the basic structure of the Constitution in:

aAll India Judges Association v. Union of India
bSupreme Court Advocates-on-Record Association v. Union of India (2015)
cS.P. Gupta v. Union of India
dL. Chandra Kumar v. Union of India
Answer: B
In Supreme Court Advocates-on-Record Association v. Union of India (2015), a Constitution Bench struck down the 99th Amendment and the NJAC Act as violative of the independence of the judiciary, a basic feature of the Constitution.
Q131Constitution of India

Under Article 239AA of the Constitution of India, the Legislative Assembly of the National Capital Territory of Delhi has power to make laws with respect to entries in the State List EXCEPT entries relating to:

aPublic health, agriculture and local government
bMarkets, fairs and burial grounds
cTrade, commerce and money-lending
dPublic order, police and land
Answer: D
Article 239AA(3)(a) empowers the Delhi Legislative Assembly to legislate on State List and Concurrent List matters as applicable to Union Territories, but expressly excludes State List Entries 1 (Public order), 2 (Police) and 18 (Land).
Q132Constitution of India

Article 239AA, which redesignated the Union Territory of Delhi as the National Capital Territory of Delhi and designated its administrator as the Lieutenant Governor, was inserted by which Constitutional Amendment?

aThe Constitution (Sixty-ninth Amendment) Act, 1991
bThe Constitution (Forty-second Amendment) Act, 1976
cThe Constitution (Sixty-first Amendment) Act, 1988
dThe Constitution (Seventy-fourth Amendment) Act, 1992
Answer: A
Article 239AA was inserted by the Constitution (Sixty-ninth Amendment) Act, 1991 (effective 1 February 1992), creating the NCT of Delhi with a Legislative Assembly and a Lieutenant Governor.
Q133Constitution of India

The phrase 'and for any other purpose' appearing in the writ jurisdiction of the High Court, which makes that jurisdiction wider than the writ jurisdiction of the Supreme Court, occurs in:

aArticle 227
bArticle 32
cArticle 136
dArticle 226
Answer: D
Article 226(1) empowers a High Court to issue writs for enforcement of Part III rights 'and for any other purpose', so it can also be invoked for ordinary legal rights, unlike Article 32 which is confined to fundamental rights.
Q134Constitution of India

In which case did the Supreme Court of India, by a 13-Judge Bench, first propound the doctrine that Parliament cannot amend the 'basic structure' of the Constitution under Article 368?

aGolak Nath v. State of Punjab
bI.R. Coelho v. State of Tamil Nadu
cMinerva Mills v. Union of India
dKesavananda Bharati v. State of Kerala
Answer: D
Kesavananda Bharati v. State of Kerala (1973), decided 7:6 by a 13-Judge Bench, held that Parliament's amending power under Article 368 does not extend to altering or destroying the basic structure of the Constitution.
Q135Constitution of India

Under Article 280 of the Constitution of India, the Finance Commission constituted by the President consists of:

aA Chairman and three other members
bA Chairman and four other members
cA Chairman and two other members
dA Chairman and six other members
Answer: B
Article 280(1) provides that the Finance Commission shall consist of a Chairman and four other members appointed by the President, constituted at the expiration of every fifth year or earlier.
Q136Constitution of India

The protection against being prosecuted and punished for the same offence more than once (doctrine of double jeopardy) is guaranteed by:

aArticle 20(1)
bArticle 20(2)
cArticle 22(1)
dArticle 20(3)
Answer: B
Article 20(2) embodies the rule against double jeopardy (nemo debet bis vexari). Article 20(1) deals with ex post facto laws and Article 20(3) with the privilege against self-incrimination.
Q137Constitution of India

A Judge of a High Court holds office, under the Constitution of India, until he attains the age of:

aSixty years
bSixty-five years
cSixty-two years
dSeventy years
Answer: C
Article 217(1) provides that a Judge of a High Court holds office until the age of sixty-two years, whereas under Article 124(2) a Judge of the Supreme Court holds office until sixty-five.
Q138Constitution of India

Under Article 61 of the Constitution of India, a resolution to impeach the President must be passed in each House by a majority of:

aNot less than two-thirds of the total membership of that House
bMore than half of the total membership of that House
cNot less than two-thirds of the members present and voting
dThree-fourths of the members present and voting
Answer: A
Article 61 requires the impeachment resolution to be passed by a majority of not less than two-thirds of the total membership of the House, after a fourteen days' notice signed by at least one-fourth of the members.
Q139Constitution of India

Under Article 312 of the Constitution of India, Parliament may create a new All-India Service, including an All India Judicial Service, only if the Council of States (Rajya Sabha) has declared by resolution supported by:

aNot less than two-thirds of the members present and voting
bNot less than two-thirds of the total membership
cNot less than one-half of the total membership
dA simple majority of members present and voting
Answer: A
Article 312(1) requires the Rajya Sabha to declare, by a resolution supported by not less than two-thirds of the members present and voting, that it is necessary or expedient in the national interest to create such a service.
Q140Constitution of India

Under the advisory jurisdiction of the Supreme Court, in which situation is the Court bound (not merely empowered) to report its opinion to the President?

aOn any question of law of public importance under Article 143(1)
bOn a dispute arising out of a pre-Constitution treaty, agreement or sanad under Article 143(2)
cOn the interpretation of any provision of Part III
dOn any question of fact of public importance under Article 143(1)
Answer: B
Under Article 143(1) the Court 'may' tender its opinion and can decline, but under the proviso/Article 143(2) concerning pre-Constitution treaties, agreements and sanads, the Court 'shall' report its opinion.
Q141Constitution of India

The residuary power of legislation, that is, the power to make laws with respect to any matter not enumerated in the Concurrent List or State List, is vested by the Constitution of India in:

aParliament
bThe Finance Commission
cThe State Legislatures
dParliament and State Legislatures jointly
Answer: A
Article 248 read with Entry 97 of List I (Union List) vests the residuary power of legislation, including the power to impose a residuary tax, exclusively in Parliament.
Q142Constitution of India

Under Article 17 of the Constitution of India, 'untouchability' is:

aAbolished and its practice in any form forbidden, with enforcement of any resulting disability made an offence punishable by law
bLeft to be regulated by the States under their police power
cMerely declared a Directive Principle of State Policy
dPermitted in matters of purely religious worship
Answer: A
Article 17 abolishes 'untouchability' and forbids its practice in any form, declaring that enforcement of any disability arising out of it shall be an offence punishable in accordance with law.
Q143Indian Evidence Act (BSA)

Under the Bharatiya Sakshya Adhiniyam, 2023, the provision corresponding to the erstwhile dying declaration - the relevancy of a statement as to the cause of death made by a person who is dead - is contained in:

aSection 26
bSection 24
cSection 32
dSection 39
Answer: A
Section 26 of the BSA, 2023 deals with cases in which statements of relevant facts by a person who is dead or cannot be found are relevant; clause (a) covers the dying declaration. This replaces Section 32 of the Indian Evidence Act, 1872.
Q144Bharatiya Sakshya Adhiniyam, 2023 (BSA)

Which section of the Bharatiya Sakshya Adhiniyam, 2023 declares that no confession made to a police officer shall be proved as against a person accused of any offence?

aSection 23
bSection 25
cSection 24
dSection 26
Answer: A
Section 23(1) of the BSA, 2023 bars proof of a confession made to a police officer against the accused; Section 23(2) deals with confessions in police custody and its proviso preserves the discovery-of-fact rule (former Section 27 IEA).
Q145Bharatiya Sakshya Adhiniyam, 2023 (BSA)

Where a fact is deposed to as discovered in consequence of information received from an accused in police custody, so much of the information as relates distinctly to the fact discovered may be proved. This proviso is found in the BSA, 2023 in:

aSection 26(a)
bProviso to Section 22
cSection 24
dProviso to Section 23(2)
Answer: D
The discovery-of-fact rule (corresponding to Section 27 of the IEA, 1872) is preserved as the proviso to Section 23(2) of the BSA, 2023, applying even to information received from an accused in police custody that distinctly relates to the fact discovered.
Q146Indian Evidence Act (BSA)

When the Court has to form an opinion upon a point of science or art, or as to identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant under which section of the Bharatiya Sakshya Adhiniyam, 2023?

aSection 45
bSection 41
cSection 51
dSection 39
Answer: D
Section 39 of the BSA, 2023 is the expert-opinion provision (formerly Section 45 of the IEA, 1872) and treats such persons as experts whose opinions are relevant facts.
Q147Indian Evidence Act (BSA)

An accused person is being prosecuted for murder. He pleads the General Exception of unsoundness of mind under the Bharatiya Nyaya Sanhita, 2023. Under the BSA, 2023, the burden of proving the existence of circumstances bringing his case within that exception lies on:

aThe prosecution, which must disprove the plea beyond reasonable doubt
bThe accused, and the Court shall presume the absence of such circumstances
cThe accused, but only to the standard of proof beyond reasonable doubt
dNeither party, as it is a question of law for the Court
Answer: B
Section 108 of the BSA, 2023 (formerly Section 105 IEA) places the burden of proving a General Exception or special exception on the accused, and the Court shall presume the absence of such circumstances.
Q148Indian Evidence Act (BSA)

Under Section 109 of the Bharatiya Sakshya Adhiniyam, 2023, when any fact is especially within the knowledge of any person:

aThe burden of proving that fact is upon the person within whose knowledge it lies
bThe burden of proving that fact is upon the person who first alleges it
cThe Court must presume that fact to be true
dNo party bears the burden until an issue is framed
Answer: A
Section 109 of the BSA, 2023 (formerly Section 106 IEA) provides that the burden of proving a fact especially within a person's knowledge is on that person, as illustrated by the traveller without a ticket.
Q149Bharatiya Sakshya Adhiniyam, 2023 (BSA)

Which of the following is the correct statement of law under the Bharatiya Sakshya Adhiniyam, 2023 regarding an accomplice?

aAn accomplice is not a competent witness against the accused
bAn accomplice may testify but his evidence can never be acted upon for conviction
cAn accomplice becomes competent only after grant of pardon
dAn accomplice is a competent witness, and a conviction is not illegal merely because it proceeds upon corroborated accomplice testimony
Answer: D
Section 138 of the BSA, 2023 enacts: 'An accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the corroborated testimony of an accomplice.' This is a deliberate change from the repealed Section 133 IEA, which spoke of 'uncorroborated' testimony; the enacted BSA text uses 'corroborated'. Option (d) matches the enacted BSA wording.
Q150Indian Evidence Act (BSA)

Section 139 of the Bharatiya Sakshya Adhiniyam, 2023 provides that:

aNo particular number of witnesses shall in any case be required for the proof of any fact
bAt least two witnesses are required for proof of any fact
cA minimum of three witnesses is required to prove a fact in a criminal case
dThe number of witnesses required is to be fixed by the Court in each case
Answer: A
Section 139 of the BSA, 2023 (formerly Section 134 IEA) embodies the rule that evidence is weighed and not counted - no particular number of witnesses is required to prove any fact.
Q151Indian Evidence Act (BSA)

A question which suggests the answer that the person putting it wishes to receive is a leading question. Under Section 146 of the Bharatiya Sakshya Adhiniyam, 2023, leading questions:

aAre wholly prohibited in cross-examination
bMay be asked in re-examination as of right
cMay be asked in cross-examination
dMay always be asked in examination-in-chief without restriction
Answer: C
Section 146 of the BSA, 2023 (formerly Sections 141-143 IEA) defines leading questions and permits them in cross-examination, while barring them in examination-in-chief and re-examination if objected to, except with the Court's permission.
Q152Indian Evidence Act (BSA)

Under the Bharatiya Sakshya Adhiniyam, 2023, no tenant of immovable property shall, during the continuance of the tenancy, be permitted to deny that the landlord had at the beginning of the tenancy a title to such property. This estoppel is contained in:

aSection 123
bSection 124
cSection 122
dSection 121
Answer: C
Section 122 of the BSA, 2023 (formerly Section 116 IEA) provides for estoppel of a tenant and of a licensee of a person in possession. The general doctrine of estoppel is in Section 121.
Q153Indian Evidence Act (BSA)

Under Section 128 of the Bharatiya Sakshya Adhiniyam, 2023 relating to communications during marriage, a person may be compelled to disclose such a communication:

aIn suits between the married persons, or where one is prosecuted for a crime committed against the other
bNever, under any circumstances
cIn any civil proceeding between strangers
dOnly with the prior sanction of the High Court
Answer: A
Section 128 of the BSA, 2023 (formerly Section 122 IEA) protects marital communications but lifts the privilege in suits between the married persons and in prosecutions of one spouse for a crime against the other.
Q154Indian Evidence Act (BSA)

Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that oral evidence must in all cases be direct - that a witness who speaks of a fact which could be seen must be one who says he saw it - is contained in:

aSection 55
bSection 51
cSection 54
dSection 57
Answer: A
Section 55 of the BSA, 2023 (formerly Section 60 IEA) requires that oral evidence in all cases be direct, with reference to the sense - sight, hearing, etc. - by which the fact was perceived.
Q155Indian Evidence Act (BSA)

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 him to cruelty in connection with a dowry demand, the Court shall presume that he caused the dowry death. Under the BSA, 2023 this presumption is in:

aSection 118
bSection 116
cSection 120
dSection 117
Answer: A
Section 118 of the BSA, 2023 (formerly Section 113B IEA) raises a mandatory presumption of dowry death where cruelty in connection with a dowry demand soon before death is shown. Section 117 concerns abetment of suicide by a married woman.
Q156Bharatiya Sakshya Adhiniyam, 2023 (BSA)

A confession is made by an accused person but appears to the Court to have been caused by an inducement, threat, coercion or promise proceeding from a person in authority and having reference to the charge. Under the Bharatiya Sakshya Adhiniyam, 2023, such a confession is:

aIrrelevant in the criminal proceeding under Section 22
bAdmissible only if recorded by a Magistrate under Section 23
cRelevant and admissible without qualification
dRelevant only against a co-accused under Section 24
Answer: A
Section 22 of the BSA, 2023 (corresponding to the erstwhile Section 24 IEA) makes a confession caused by inducement, threat, coercion or promise proceeding from a person in authority and having reference to the charge irrelevant in a criminal proceeding, though the first proviso restores relevancy once the impression of such inducement, threat, coercion or promise is, in the Court's opinion, fully removed. (Section 24 BSA deals with confession affecting a co-accused jointly tried; hence option (d) is wrong.)
Q157Indian Evidence Act (BSA)

Under the Bharatiya Sakshya Adhiniyam, 2023, the Court shall presume that every electronic record purporting to be an agreement containing the electronic or digital signature of the parties was so concluded by affixing their signature. This presumption is found in:

aSection 85
bSection 86
cSection 81
dSection 90
Answer: A
Section 85 of the BSA, 2023 raises a presumption as to electronic agreements bearing the parties' electronic or digital signatures, while Section 86 deals with presumptions as to secure electronic records and secure electronic signatures.
Q158Arbitration & Conciliation Act

Under Section 7(4)(c), an arbitration agreement is in writing if it is contained in:

aan exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other
ban oral agreement subsequently acted upon by the parties
cany document signed only by the party invoking arbitration
dthe minutes of a board meeting noting an intention to arbitrate
Answer: A
Section 7(4)(c) treats an arbitration agreement as in writing where it appears in an exchange of statements of claim and defence and its existence is alleged by one party and not denied by the other.
Q159Arbitration & Conciliation Act

Under Section 25, if the respondent fails to communicate his statement of defence in accordance with Section 23 without sufficient cause, the arbitral tribunal shall:

acontinue the proceedings without treating the failure in itself as an admission of the claimant's allegations
btreat the failure as an admission of the claimant's allegations
cterminate the proceedings forthwith
dpass an ex parte award in favour of the claimant
Answer: A
Section 25(b) directs the tribunal to continue the proceedings where the respondent defaults on the defence, without treating that failure in itself as an admission; only the claimant's default (Section 25(a)) leads to termination.
Q160Arbitration & Conciliation Act

In arbitral proceedings with more than one arbitrator, Section 29(2) provides that questions of procedure may be decided by the presiding arbitrator:

aif so authorised by the parties or all members of the arbitral tribunal
bin every case, irrespective of the parties' wishes
conly with the prior leave of the court
donly after a deadlock among the members
Answer: A
Section 29(2) permits the presiding arbitrator to decide questions of procedure, but only if so authorised by the parties or all members of the tribunal; substantive decisions are by majority under Section 29(1).
Q161Arbitration & Conciliation Act

An application for setting aside an award under Section 34 must ordinarily be made within three months of receipt of the award; the proviso to Section 34(3) permits the court to entertain it within a further period of:

athirty days, but not thereafter, on sufficient cause
bsixty days, but not thereafter
cninety days, on sufficient cause
dsuch period as the court thinks fit, without limit
Answer: A
The proviso to Section 34(3) allows a further period of thirty days on the applicant satisfying the court of sufficient cause, but expressly 'not thereafter', excluding the open-ended condonation of delay under Section 5 of the Limitation Act.
Q162Arbitration & Conciliation Act

After the Arbitration and Conciliation (Amendment) Act, 2019, in a domestic arbitration (other than international commercial arbitration), the twelve-month period within which the arbitral tribunal must make its award under Section 29A(1) is reckoned from:

aThe date on which the arbitral tribunal enters upon the reference
bThe date of the arbitration agreement
cThe date of completion of pleadings under Section 23(4)
dThe date of the first hearing fixed by the tribunal
Answer: C
The 2019 Amendment substituted Section 29A(1) so that the twelve-month period for a domestic award runs from the date of completion of pleadings under Section 23(4), not from entering upon the reference as under the 2015 version.
Q163Arbitration & Conciliation Act

Under Section 9(2) of the Arbitration and Conciliation Act, 1996, where a court passes an order granting an interim measure of protection before commencement of arbitral proceedings, the arbitral proceedings must be commenced within:

aSixty days from the date of the order, or such further time as the court may determine
bThirty days from the date of the order, or such further time as the court may determine
cNinety days from the date of the order, or such further time as the court may determine
dOne hundred and eighty days from the date of the order, with no power to extend
Answer: C
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.
Q164Arbitration & Conciliation Act

Under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996, where the arbitral award is silent as to post-award interest, the sum directed to be paid carries interest, from the date of the award till the date of payment, at:

aEighteen per cent per annum
bSix per cent per annum simple interest
cTwo per cent higher than the current rate of interest prevalent on the date of the award
dThe current rate of interest prevalent on the date of the award
Answer: C
Section 31(7)(b), as amended in 2015, provides that unless the award otherwise directs, the awarded sum carries post-award interest at a rate two per cent higher than the current rate of interest prevalent on the date of the award.
Q165Arbitration & Conciliation Act

A plea that the arbitral tribunal does not have jurisdiction must, under Section 16(2) of the Arbitration and Conciliation Act, 1996, be raised:

aAt any time before the award is made
bOnly at the first hearing of the tribunal
cWithin thirty days of constitution of the tribunal
dNot later than the submission of the statement of defence
Answer: D
Section 16(2) requires the plea of lack of jurisdiction to be raised not later than the submission of the statement of defence, and a party is not precluded merely because it appointed or participated in appointing the arbitrator.
Q166Arbitration & Conciliation Act

Where, without showing sufficient cause, the claimant fails to communicate his statement of claim in accordance with Section 23(1), the arbitral tribunal under Section 25(a) of the Arbitration and Conciliation Act, 1996 shall:

aContinue the proceedings and treat the failure as an admission of the respondent's defence
bMake the award on the available material
cRefer the matter back to the court for directions
dTerminate the proceedings
Answer: D
Under Section 25(a), default by the claimant in filing the statement of claim without sufficient cause obliges the tribunal to terminate the proceedings; by contrast, default by the respondent under clause (b) leads to continuation, not termination.
Q167Arbitration & Conciliation Act

An application to set aside an arbitral award under Section 34 may, under the proviso to Section 34(3), be entertained after the initial three-month period only within a further period of:

aSixty days, and not thereafter
bThirty days, and not thereafter
cSuch period as the court may condone under Section 5 of the Limitation Act
dNinety days, and not thereafter
Answer: B
The proviso to Section 34(3) permits a further period of only thirty days on sufficient cause being shown, and the words 'but not thereafter' make the outer limit absolute and not extendable under Section 5 of the Limitation Act.
Q168Arbitration & Conciliation Act

In Perkins Eastman Architects DPC v. HSCC (India) Ltd. (2019), relying on TRF Ltd. v. Energo Engineering Projects Ltd., the Supreme Court held that a person who is himself ineligible to act as arbitrator under Section 12(5) read with the Seventh Schedule:

aMay appoint an arbitrator only with prior leave of the High Court
bIs also disqualified from unilaterally appointing the sole arbitrator
cMay still unilaterally nominate the sole arbitrator if the agreement so provides
dMay appoint the arbitrator but cannot participate in the proceedings
Answer: B
In Perkins Eastman the Court held that what cannot be done directly cannot be done indirectly; a party ineligible under Section 12(5)/Seventh Schedule cannot unilaterally appoint the sole arbitrator.
Q169Indian Contract Act

Where a person promises to do an act which he knew, or with reasonable diligence might have known, to be impossible, and which the promisee did not know to be impossible, the third paragraph of Section 56 provides that the promisor must:

aSpecifically perform an alternative obligation
bForfeit nothing, the agreement being void
cMake compensation to the promisee for loss sustained through non-performance
dRefund any advance with interest only
Answer: C
The third paragraph of Section 56 imposes liability to compensate the promisee for loss where the promisor knew, or ought to have known, of the impossibility which the promisee did not know.
Q170Indian Contract Act

Under Section 74, where a contract is broken and a sum is named as the amount to be paid on breach, or a penalty is stipulated, the aggrieved party is entitled to receive:

aDouble the named sum where breach is wilful
bThe exact sum named, irrespective of actual loss
cOnly the actual loss strictly proved, ignoring the named sum
dReasonable compensation not exceeding the sum named, whether or not actual loss is proved
Answer: D
Section 74 entitles the party complaining of breach to reasonable compensation not exceeding the amount named or penalty stipulated, whether or not actual damage or loss is proved.
Q171Indian Contract Act

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, under Section 124, a contract of:

aPledge
bIndemnity
cBailment
dGuarantee
Answer: B
Section 124 defines a contract of indemnity as one to save the promisee from loss caused by the conduct of the promisor himself or by any other person.
Q172Indian Contract Act

In the absence of a contract to the contrary, which of the following may retain, as security for a general balance of account, any goods bailed to them under Section 171 (general lien)?

aAny bailee for hire
bBankers, factors, wharfingers, attorneys of a High Court and policy-brokers
cPawnees and finders of goods only
dCarriers and innkeepers only
Answer: B
Section 171 confers a general lien on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; other persons have only a particular lien unless an express contract provides otherwise.
Q173Indian Contract Act

As a general rule under Section 230, an agent who makes a contract on behalf of his principal:

aIs always personally liable along with the principal
bCannot personally enforce it, nor is he personally bound by it, in the absence of a contract to that effect
cIs personally liable only if the principal is a minor
dCan personally enforce it and is personally bound by it
Answer: B
Section 230 lays down that, absent a contract to the contrary, an agent can neither personally enforce nor be personally bound by contracts made on behalf of the principal, subject to the statutory presumptions (e.g., foreign principal, undisclosed principal).
Q174Indian Contract Act

An agreement made without the free consent of the parties, where consent is caused by coercion, undue influence, fraud or misrepresentation, is:

aVoid ab initio
bVoidable at the option of the party whose consent was so caused
cIllegal
dValid and binding on both parties
Answer: B
Under Section 19/19A read with Section 14, when consent is caused by coercion, undue influence, fraud or misrepresentation, the agreement is voidable at the option of the party whose consent was not free.
Q175Indian Contract Act

Under Section 26 of the Indian Contract Act, 1872, an agreement in restraint of the marriage of a person is:

aVoid in every case except where the person whose marriage is restrained is a minor.
bVoid only where the restraint is absolute, partial restraints being valid.
cVoidable at the option of the person whose marriage is restrained.
dVoid in all cases, including where the person is a minor.
Answer: A
Section 26 declares void every agreement in restraint of the marriage of any person 'other than a minor'; the only carve-out within the section is for a minor, and the restraint may be absolute or partial.
Q176Indian Contract Act

A, an agent in India, enters into a contract for the purchase of goods on behalf of B, a merchant resident abroad, without making any contract as to personal liability. As regards the agent A's personal liability under Section 230 of the Indian Contract Act, 1872:

aA is presumed to be personally liable, a contract to that effect being presumed where the principal is a merchant resident abroad.
bA is presumed not to be personally liable, the general rule applying without exception.
cA can never be made personally liable once the principal B is disclosed.
dA and B are jointly and severally liable in all cases of agency.
Answer: A
Section 230 lays down that, absent a contrary contract, an agent is neither bound by nor can enforce contracts made for the principal, but such a contract is presumed to exist (making the agent personally liable) where the contract is for sale/purchase of goods for a merchant resident abroad, where the principal is undisclosed, or where the disclosed principal cannot be sued.
Q177Indian Contract Act

A agrees to pay B Rs. 1,000 if B marries A's daughter C; unknown to both parties, C was already dead at the time of the agreement. Under Section 36 of the Indian Contract Act, 1872, the agreement is:

aVoidable at the option of A.
bVoid, the impossibility of the event making it void whether or not the parties knew of it.
cValid, since neither party knew of the impossibility.
dEnforceable only to the extent of restitution under Section 65.
Answer: B
Section 36 provides that contingent agreements to do or not do anything if an impossible event happens are void, whether or not the impossibility of the event is known to the parties at the time the agreement is made; this is illustration (b) to the section.
Q178Limitation Act

Under Section 25 of the Limitation Act, 1963, an easement of light, air or way over property is acquired by prescription when peaceably and openly enjoyed as of right, without interruption, for:

aThirty years
bTwenty years
cSixty years
dTwelve years
Answer: B
Section 25 fixes twenty years of uninterrupted enjoyment as of right for an easement to become absolute and indefeasible; the period is thirty years where the servient property belongs to the Government.
Q179Limitation Act

Section 29(2) of the Limitation Act, 1963 deals with the situation where a special or local law prescribes a period of limitation different from that in the Schedule. In such a case:

aThe period prescribed by the special law applies as if it were prescribed by the Schedule, and Sections 4 to 24 apply only so far as not expressly excluded
bNo limitation applies at all to proceedings under the special law
cThe period in the Schedule prevails over the special law
dThe special law is wholly invalid for want of a separate limitation scheme
Answer: A
Under Section 29(2), the special or local law's period governs in place of the Schedule, and Sections 4 to 24 of the Limitation Act apply for computing limitation only to the extent they are not expressly excluded by that special or local law.
Q180Limitation Act

Under Section 3 of the Limitation Act, 1963, where a suit is instituted after the prescribed period of limitation but the defendant does not plead limitation as a defence, the court is required to:

aReturn the plaint for presentation before the proper forum
bFrame an issue and leave the question of limitation to be decided at final hearing only
cDecree the suit, since the bar of limitation has been waived by the defendant
dDismiss the suit, although limitation has not been set up as a defence
Answer: D
Section 3 makes the bar of limitation mandatory: every suit, appeal or application made after the prescribed period shall be dismissed even though limitation has not been set up as a defence. The objection cannot be waived by the parties.
Q181Limitation Act

Section 5 of the Limitation Act, 1963 (condonation of delay on sufficient cause) is available in respect of:

aSuits as well as appeals
bSuits only
cAny appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure
dEvery application, including those under Order XXI of the Code of Civil Procedure
Answer: C
Section 5 permits condonation of delay only for an appeal or an application, expressly excluding suits and applications under Order XXI CPC (execution). Extending it to suits would render Section 3's bar nugatory.
Q182Limitation Act

In computing the period of limitation for an appeal under Section 12 of the Limitation Act, 1963, which of the following is NOT excluded?

aThe time requisite for obtaining a copy of the decree, sentence or order appealed from
bThe day from which such period is to be reckoned
cThe time spent by the appellant in engaging an advocate to draft the memorandum of appeal
dThe day on which the judgment complained of was pronounced
Answer: C
Section 12 excludes the day from which the period is reckoned, the day the judgment was pronounced, and the time requisite for obtaining a certified copy of the decree/order. Time taken to engage counsel is not an excludable period.
Q183Limitation Act

Under Article 65 of the Schedule to the Limitation Act, 1963, the period of limitation for a suit for possession of immovable property or any interest therein based on title, and the point from which time begins to run, are respectively:

a3 years, from when the plaintiff first had knowledge of the defendant's possession
b30 years, from the date of dispossession
c12 years, from the date the plaintiff acquired title
d12 years, from when the possession of the defendant becomes adverse to the plaintiff
Answer: D
Article 65 prescribes 12 years for a title-based suit for possession of immovable property, and time runs not from the accrual of title but from when the defendant's possession becomes adverse to the plaintiff.
Q184Limitation Act

For a written acknowledgment of liability to give rise to a fresh period of limitation under Section 18 of the Limitation Act, 1963, it must be:

aMade after the expiry of the prescribed period and signed by the claimant
bRegistered and attested by two witnesses to be effective
cMade at any time and may be oral if proved by reliable witnesses
dMade before the expiration of the prescribed period and signed by the party against whom the right is claimed (or his agent)
Answer: D
Under Section 18, the acknowledgment must be in writing, signed by the party against whom the right is claimed (or one through whom he derives title/liability), and made before the prescribed period expires; a fresh period then runs from the date of signing. An acknowledgment after expiry cannot revive a time-barred claim.
Q185Limitation Act

Under Section 25 of the Limitation Act, 1963, the access and use of light or air to a building can be acquired as an easement by prescription where the same has been peaceably enjoyed as of right, without interruption, for twenty years; but Section 25(2) further requires that each such period of twenty years must be a period ending:

aWithin five years next before the filing of the easement claim.
bWithin one year next before the institution of the suit.
cWithin two years next before the institution of the suit wherein the claim to which such period relates is contested.
dOn the date of the institution of the suit.
Answer: C
Section 25(2) provides that each prescribed period of twenty (or thirty years against Government) is to be taken as a period ending within two years next before the institution of the suit in which the claim is contested. This prevents a defendant from defeating a long-enjoyed easement merely by a recent obstruction.
Q186Specific Relief Act

Under Section 16(c) of the Specific Relief Act, 1963, specific performance of a contract cannot be enforced in favour of a person who:

aHas not given a registered notice before filing the suit
bHas not paid the entire consideration in advance
cIs a minor at the date of the suit
dFails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract on his part
Answer: D
Section 16(c) bars specific performance in favour of a plaintiff who fails to aver and prove his readiness and willingness to perform the essential terms of the contract on his part.
Q187Specific Relief Act

After the 2018 Amendment, Section 21 of the Specific Relief Act, 1963 now permits the plaintiff in a suit for specific performance to claim compensation:

aIn addition to or in substitution of specific performance, at the plaintiff's option
bOnly in addition to specific performance, the option of compensation in substitution having been omitted
cNeither in addition to nor in substitution of specific performance
dOnly in substitution of specific performance
Answer: B
The 2018 Amendment substituted the words so that compensation under Section 21(1) may be claimed only 'in addition to' specific performance, deleting the earlier 'in substitution of' option.
Q188Specific Relief Act

Section 20 of the Specific Relief Act, 1963, as substituted by the 2018 Amendment, deals with:

aRescission of contracts
bThe discretion of the court to decree specific performance
cSubstituted performance of contract, whereby the aggrieved party may get the contract performed by a third party and recover the cost from the party in breach
dRectification of instruments
Answer: C
The 2018 Amendment recast Section 20 to provide for 'substituted performance', allowing the aggrieved party, after notice, to have the contract performed by a third party or its own agency and recover the cost from the defaulting party.
Q189Specific Relief Act

Under Section 38 of the Specific Relief Act, 1963, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour; such an injunction can be granted:

aOnly as an interim measure pending the suit
bWithout instituting a suit, by way of a caveat application
cBy any executing court during execution proceedings
dOnly by the decree made at the hearing and upon the merits of the suit
Answer: D
Section 38(1) provides that a perpetual injunction can be granted only by the decree made at the hearing and upon the merits of the suit, distinguishing it from a temporary injunction.
Q190Commercial Courts Act, 2015

Under the Commercial Courts (Pre-Institution Mediation and Settlement) Rules, 2018, the process of pre-institution mediation under Section 12A is ordinarily to be completed within:

aThirty days, extendable by fifteen days
bThree months, extendable by a further two months with the consent of the parties
cSix months with no extension
dSixty days, extendable by thirty days by the court
Answer: B
Rule 3 of the 2018 Rules requires the mediation to be completed within three months from receipt of the application, extendable by a further two months with the consent of both parties.
Q191Commercial Courts Act, 2015

Which of the following disputes would NOT, by itself, fall within the definition of "commercial dispute" under Section 2(1)(c) of the Commercial Courts Act, 2015?

aA dispute arising out of a joint venture agreement
bA dispute relating to the enforcement of mercantile documents between traders
cA purely personal matrimonial maintenance dispute between spouses
dA dispute arising out of agreements relating to immovable property used exclusively in trade or commerce
Answer: C
Section 2(1)(c) enumerates commercial disputes such as joint ventures, mercantile documents and trade-use immovable property; a matrimonial maintenance dispute is not within any of its clauses.
Q192Commercial Courts Act, 2015

A commercial dispute of Specified Value does NOT cease to be a commercial dispute merely because it also involves an action for recovery of immovable property or realisation of monies out of immovable property given as security. This clarification appears as:

aThe Explanation to Section 2(1)(c) of the Act
bA proviso to Section 6 of the Act
cSection 11 of the Act
dA note appended to Section 12A of the Act
Answer: A
The Explanation to Section 2(1)(c) clarifies that a dispute does not cease to be commercial merely because it involves recovery of immovable property or realisation of monies out of property given as security, or other ancillary relief.
Q193Partnership / LLP Act

Under Section 7 of the Limited Liability Partnership Act, 2008, every limited liability partnership shall have at least two designated partners who are individuals, and:

anone of whom need be a resident in India
bboth of whom must be foreign nationals
call of whom must be bodies corporate
dat least one of whom shall be a resident in India
Answer: D
Section 7(1) of the LLP Act, 2008 requires at least two designated partners who are individuals, and at least one of them must be a resident in India.
Q194Partnership / LLP Act

Under Section 28 of the Limited Liability Partnership Act, 2008, a partner of an LLP is:

apersonally liable for the obligations of the LLP solely by reason of being a partner
bnever liable even for his own wrongful act or omission
cnot personally liable for the obligations of the LLP solely by reason of being a partner
dpersonally liable for the wrongful acts of every other partner
Answer: C
Section 28(1) provides that a partner is not personally liable for the obligations of the LLP merely by reason of being a partner; however, he remains liable for his own wrongful act or omission.
Q195Partnership / LLP Act

Where an act is carried out by a limited liability partnership or any of its partners with intent to defraud creditors or for any fraudulent purpose, Section 30 of the Limited Liability Partnership Act, 2008 provides that the liability of the LLP and the partners who acted with such intent shall be:

awholly excluded as the LLP enjoys limited liability
bunlimited for all or any of the debts or other liabilities of the LLP
climited to the contribution of the defaulting partners
dlimited to the assets of the LLP only
Answer: B
Section 30(1) of the LLP Act, 2008 provides that in cases of fraud, the liability of the LLP and the partners who acted with intent to defraud is unlimited for all or any of the debts or other liabilities of the LLP.
Q196POCSO Act

Under Section 8 of the POCSO Act, 2012, the punishment for sexual assault (as defined in Section 7) is imprisonment of either description for a term which shall not be less than -

afive years and may extend to seven years, and fine
bone year and may extend to three years, and fine
cseven years and may extend to ten years, and fine
dthree years and may extend to five years, and fine
Answer: D
Section 8 prescribes imprisonment of either description of not less than three years extendable to five years, and fine, for sexual assault under Section 7 (sexual intent without penetration).
Q197POCSO Act

In a prosecution under the POCSO Act, 2012 requiring a culpable mental state, Section 30 provides that the Special Court shall presume the existence of such mental state; a fact is treated as 'proved' for rebutting this presumption only when the Special Court believes it to exist -

ato a reasonable degree of certainty
bbeyond reasonable doubt
cby clear and convincing evidence
don a preponderance of probabilities
Answer: B
Section 30 presumes the culpable mental state; the accused may prove the absence of such mental state, but a fact is 'proved' only when the Special Court believes it to exist beyond reasonable doubt, not on a mere preponderance of probability.
Q198Transfer of Property / Property Law / Easements

Under Section 60 of the Indian Easements Act, 1882, a licence becomes irrevocable where:

aIt is granted for valuable consideration only
bIt is coupled with a transfer of property and such transfer is in force, or the licensee, acting upon the licence, has executed a work of a permanent character and incurred expenses in the execution
cIt has been reduced to writing and registered
dIt has been enjoyed continuously and uninterruptedly for twenty years
Answer: B
Section 60 of the Indian Easements Act, 1882 makes a licence irrevocable in two situations: (a) where it is coupled with a transfer of property in force, and (b) where the licensee, acting upon the licence, has executed a work of a permanent character and incurred expenses in its execution.

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