Himachal Pradesh Judiciary Mock Test 6 — Questions & Solutions
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Under Section 9 of the Code of Civil Procedure, 1908, the civil courts have jurisdiction to try all suits of a civil nature:
aexcepting suits of which cognizance is either expressly or impliedly barred
bonly when the cause of action arises within their territorial limits
cexcepting suits of which cognizance is expressly barred, but not those impliedly barred
din every case without any exception
Answer: A
Section 9 confers jurisdiction on civil courts to try all suits of a civil nature 'excepting suits of which cognizance is either expressly or impliedly barred', subject to the provisions of the Code.
Assertion (A): A court shall not proceed with the trial of a suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties and pending in a competent court.
Reason (R): The bar under Section 10 of the Code of Civil Procedure, 1908 is intended to prevent courts of concurrent jurisdiction from simultaneously trying two parallel suits in respect of the same matter and to avoid conflicting decisions.
Choose the correct alternative:
aA is true, but R is false.
bBoth A and R are true, but R does not explain A correctly.
cBoth A and R are true, and R is the correct explanation of A.
dBoth A and R are false.
Answer: C
Section 10 (res sub judice) stays the trial of a later suit where the matter is directly and substantially in issue in a previously instituted suit between the same parties; its object is precisely to avoid two parallel trials and conflicting decisions.
The doctrine of constructive res judicata, under which a matter which might and ought to have been made a ground of attack or defence in a former suit is deemed to have been a matter directly and substantially in issue, is embodied in:
aExplanation IV to Section 11 of the Code of Civil Procedure, 1908
bExplanation VI to Section 11 of the Code of Civil Procedure, 1908
cExplanation VIII to Section 11 of the Code of Civil Procedure, 1908
dExplanation II to Section 11 of the Code of Civil Procedure, 1908
Answer: A
Explanation IV to Section 11 embodies the principle of constructive res judicata: any matter which might and ought to have been made a ground of attack or defence in the former suit is deemed to have been a matter directly and substantially in issue therein.
A second appeal under Section 100 of the Code of Civil Procedure, 1908 lies to the High Court from a decree passed in appeal by a subordinate court only where:
athe case involves a substantial question of law
bthe value of the subject matter exceeds rupees one lakh
cthe appellate decree is contrary to the weight of evidence on record
dthere has been an error in appreciation of oral evidence
Answer: A
Under Section 100, a second appeal lies to the High Court only where the High Court is satisfied that the case involves a substantial question of law; the High Court must formulate that question.
Under Section 96 of the Code of Civil Procedure, 1908, no appeal from an original decree shall lie:
afrom a decree exceeding the pecuniary jurisdiction of the trial court
bfrom a decree passed by a court of first instance in a contested suit
cfrom a preliminary decree
dfrom a decree passed with the consent of the parties
Answer: D
Section 96(3) bars an appeal from a decree passed by the court with the consent of the parties; an appeal otherwise lies from every decree passed by a court exercising original jurisdiction.
Revisional jurisdiction under Section 115 of the Code of Civil Procedure, 1908 is exercised by:
athe Supreme Court over High Court decisions
bthe District Judge over courts subordinate to him
cany appellate court over the court whose decree is appealed
dthe High Court over cases decided by subordinate courts in which no appeal lies
Answer: D
Section 115 empowers the High Court to call for the record of any case decided by a subordinate court in which no appeal lies, where the subordinate court has exercised jurisdiction not vested in it, failed to exercise jurisdiction vested in it, or acted illegally or with material irregularity.
The provision under which, where a decree or order is varied or reversed in any appeal, revision or other proceeding, the court shall cause restitution to be made so as to place the parties in the position they would have occupied but for such decree, is:
aSection 114 of the Code of Civil Procedure, 1908
bSection 144 of the Code of Civil Procedure, 1908
cSection 151 of the Code of Civil Procedure, 1908
dSection 152 of the Code of Civil Procedure, 1908
Answer: B
Section 144 deals with restitution: where a decree or order is varied or reversed, the court of first instance shall, on application, cause such restitution as will place the parties in the position they would have occupied but for the decree or order so varied or reversed.
Which of the following statements regarding Section 151 of the Code of Civil Procedure, 1908 is correct?
aIt confers a fresh substantive jurisdiction on the court to override express provisions of the Code
bIt permits the court to grant a decree against a person who is not a party to the suit
cIt saves the inherent power of the court to make orders necessary for the ends of justice or to prevent abuse of the process of the court
dIt enables a court to review its own judgment on merits in all cases
Answer: C
Section 151 merely saves the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court; it confers no new jurisdiction and cannot override express provisions of the Code.
Under Order VIII Rule 1 of the Code of Civil Procedure, 1908, the defendant shall present a written statement of his defence within thirty days from the date of service of summons, and the court may, for reasons to be recorded, extend the time for filing it up to a maximum of:
aninety days from the date of service of summons
bone hundred and twenty days from the date of service of summons
csixty days from the date of service of summons
dforty-five days from the date of service of summons
Answer: A
Under the proviso to Order VIII Rule 1, where the defendant fails to file the written statement within thirty days, the court may allow it to be filed on a later day, not later than ninety days from the date of service of summons, for reasons to be recorded in writing.
A plaint shall be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908 in which of the following situations?
aWhere the plaint does not disclose a cause of action
bWhere the relief claimed is undervalued and the plaintiff fails to correct the valuation within the time fixed by the court
cAll of the above
dWhere the suit appears from the statement in the plaint to be barred by any law
Answer: C
Order VII Rule 11 lists the grounds for rejection of a plaint, including non-disclosure of a cause of action, failure to correct undervaluation, insufficiently stamped plaint, suit barred by law, and non-compliance with Rule 9, among others.
An application by a defendant to set aside an ex parte decree passed against him, on the ground that the summons was not duly served or that he was prevented by sufficient cause from appearing, is governed by:
aOrder IX Rule 7 of the Code of Civil Procedure, 1908
bOrder IX Rule 4 of the Code of Civil Procedure, 1908
cOrder IX Rule 9 of the Code of Civil Procedure, 1908
dOrder IX Rule 13 of the Code of Civil Procedure, 1908
Answer: D
Order IX Rule 13 allows a defendant against whom an ex parte decree is passed to apply to have it set aside on proof that the summons was not duly served or that he was prevented by sufficient cause from appearing.
Match List I (subject) with List II (Order in the First Schedule to the Code of Civil Procedure, 1908) and select the correct answer:
List I: (A) Temporary injunctions and interlocutory orders (B) Appointment of receivers (C) Commissions (D) Interpleader suits
List II: (i) Order XL (ii) Order XXXIX (iii) Order XXXV (iv) Order XXVI
aA-(iii), B-(i), C-(iv), D-(ii)
bA-(i), B-(ii), C-(iii), D-(iv)
cA-(ii), B-(i), C-(iv), D-(iii)
dA-(ii), B-(iv), C-(i), D-(iii)
Answer: C
Order XXXIX deals with temporary injunctions, Order XL with appointment of receivers, Order XXVI with commissions, and Order XXXV with interpleader suits.
Under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, a temporary injunction may be granted to restrain the defendant where it is proved that:
athe property in dispute is in danger of being wasted, damaged or alienated by a party, or wrongfully sold in execution of a decree
bthe plaintiff has a registered title to the suit property
cthe defendant has failed to file a written statement within thirty days
dthe suit has been valued at more than rupees one lakh
Answer: A
Order XXXIX Rule 1 permits grant of a temporary injunction where the property in dispute is in danger of being wasted, damaged or alienated by a party, or wrongfully sold in execution, or where the defendant threatens to dispossess the plaintiff or injure him in relation to the disputed property.
Where a suit is instituted in a court which has no jurisdiction to try it, and that court, after framing issues and recording evidence, returns the plaint for presentation to the proper court, the plaint is returned under:
aSection 24 of the Code of Civil Procedure, 1908
bOrder VII Rule 11 of the Code of Civil Procedure, 1908
cOrder IX Rule 2 of the Code of Civil Procedure, 1908
dOrder VII Rule 10 of the Code of Civil Procedure, 1908
Answer: D
Order VII Rule 10 provides that the plaint shall, at any stage of the suit, be returned to be presented to the court in which the suit should have been instituted, where the court finds it lacks jurisdiction.
Under Section 2(2) of the Code of Civil Procedure, 1908, the expression "decree" is deemed to include:
aThe rejection of a plaint and the determination of any question within Section 144
bAny adjudication from which an appeal lies as an appeal from an order
cEvery formal expression of a decision which is not a decree
dAny order of dismissal for default
Answer: A
Section 2(2) expressly deems a decree to include the rejection of a plaint and the determination of any question within Section 144, while excluding adjudications appealable as orders and orders of dismissal for default.
As defined in Section 2(12) of the Code of Civil Procedure, 1908, "mesne profits" of property means those profits which the person in wrongful possession actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but:
aShall not include profits due to improvements made by the person in wrongful possession
bOnly such profits as were actually received, and no notional profits
cIncluding profits due to improvements made by the person in wrongful possession
dExcluding any interest on such profits
Answer: A
Section 2(12) expressly excludes profits due to improvements made by the person in wrongful possession, while including profits actually received or receivable with ordinary diligence together with interest.
Explanation VIII to Section 11 of the Code of Civil Procedure, 1908, provides that an issue heard and finally decided by a Court of limited jurisdiction, competent to decide such issue, shall operate as res judicata in a subsequent suit:
aNotwithstanding that such Court of limited jurisdiction was not competent to try the subsequent suit
bOnly if that Court was also competent to try the subsequent suit
cOnly in suits between the same parties litigating under the same title in a regular civil court
dOnly where both suits are valued within the same pecuniary limit
Answer: A
Explanation VIII (inserted in 1976) makes a finding by a Court of limited jurisdiction competent to decide that issue operate as res judicata even though that Court could not have tried the subsequent suit.
All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree shall, under Section 47 of the Code of Civil Procedure, 1908, be determined by:
aThe Court which passed the decree only in its original jurisdiction
bThe High Court in exercise of revisional jurisdiction
cA separate suit instituted for that purpose
dThe Court executing the decree and not by a separate suit
Answer: D
Section 47 mandates that questions of execution, discharge or satisfaction of a decree between the parties or their representatives be decided by the executing court, barring a separate suit.
Under Section 80 of the Code of Civil Procedure, 1908, no suit (save with the leave of the court under sub-section (2)) shall be instituted against the Government or a public officer in respect of an act purporting to be done in his official capacity until the expiration of:
aTwo months next after notice in writing has been delivered
bSix months next after notice in writing has been delivered
cOne month next after notice in writing has been delivered
dThree months next after notice in writing has been delivered
Answer: A
Section 80 requires a two-month notice before instituting a suit against the Government or a public officer in respect of an official act, unless urgent relief is sought with leave under Section 80(2).
A gang habitually committing theft, snatching and vehicle theft causing general feelings of insecurity among citizens commits a 'petty organised crime'. Under the Bharatiya Nyaya Sanhita, 2023 this offence is dealt with in:
aSection 111
bSection 113
cSection 112
dSection 110
Answer: C
Section 112 of the BNS, 2023 is the newly introduced offence of petty organised crime, covering theft, snatching, gambling and similar acts committed by gangs causing general insecurity. It has no IPC counterpart.
Under the Bharatiya Nyaya Sanhita, 2023, criminal breach of trust and cheating are respectively defined under:
aSections 316 and 318
bSections 314 and 316
cSections 318 and 320
dSections 315 and 317
Answer: A
In the BNS, 2023 criminal breach of trust is consolidated in Section 316 and cheating in Section 318, corresponding to IPC Sections 405/406 and 415/420 respectively.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal conspiracy, earlier found in Sections 120A and 120B IPC, is now contained in a single section, namely:
aSection 61
bSection 48
cSection 59
dSection 63
Answer: A
Section 61 of the BNS, 2023 consolidates the definition and punishment of criminal conspiracy (earlier split across Sections 120A and 120B IPC) into one provision.
Under the General Exceptions in the Bharatiya Nyaya Sanhita, 2023, 'nothing is an offence which is done by a child under seven years of age'. This provision is contained in:
aSection 20
bSection 21
cSection 23
dSection 22
Answer: A
Section 20 of the BNS, 2023 embodies the doctrine of doli incapax for a child under seven years (corresponding to Section 82 IPC). Section 21 deals with a child above seven and under twelve of immature understanding.
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 circumstances enumerated under:
aSection 38
bSection 44
cSection 34
dSection 35
Answer: A
Section 38 of the BNS, 2023 specifies the situations (assault causing reasonable apprehension of death, grievous hurt, rape, kidnapping, acid attack, etc.) in which the right of private defence of the body extends to causing death, corresponding to Section 100 IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of defamation is defined and made punishable under:
aSection 354
bSection 351
cSection 358
dSection 356
Answer: D
Section 356 of the BNS, 2023 deals with defamation (definition, exceptions and punishment of up to two years' imprisonment or fine or both, and now also community service), corresponding to IPC Sections 499 and 500.
Under the Bharatiya Nyaya Sanhita, 2023, the principle that when a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if he had done the act alone, is contained in:
aSection 61 of the Bharatiya Nyaya Sanhita, 2023
bSection 3(5) of the Bharatiya Nyaya Sanhita, 2023
cSection 34 of the Bharatiya Nyaya Sanhita, 2023
dSection 190 of the Bharatiya Nyaya Sanhita, 2023
Answer: B
The common intention principle (formerly Section 34 IPC) is re-enacted as Section 3(5) of the BNS, 2023, within the general explanations chapter.
A new feature introduced by Section 103(2) of the Bharatiya Nyaya Sanhita, 2023 provides enhanced punishment where murder is committed:
aBy a single person using a deadly weapon
bBy a group of five or more persons acting in concert on the ground of race, caste, community, sex, place of birth, language or personal belief
cBy administration of poison
dAgainst a public servant in discharge of duty
Answer: B
Section 103(2) BNS specifically punishes 'mob lynching'-type killings by a group of five or more persons on the grounds of race, caste, community, sex, place of birth, language, personal belief, etc., each member being liable to death or life imprisonment or imprisonment not less than seven years.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'snatching', newly carved out of theft, is dealt with under:
aSection 303
bSection 309
cSection 304
dSection 310
Answer: C
Section 304 BNS introduces 'snatching' as a distinct offence (theft committed by suddenly, quickly or forcibly seizing movable property), punishable with imprisonment up to three years and fine; it had no IPC equivalent.
Under Section 309 of the Bharatiya Nyaya Sanhita, 2023, where robbery is committed on the highway between sunset and sunrise, the term of imprisonment may be extended to:
aFourteen years
bTen years
cImprisonment for life
dTwelve years
Answer: A
Section 309 BNS punishes robbery with rigorous imprisonment up to ten years, but if committed on the highway between sunset and sunrise the imprisonment may be extended to fourteen years.
Under Section 310 of the Bharatiya Nyaya Sanhita, 2023, the minimum number of persons required to constitute the offence of dacoity is:
aFour or more
bFive or more
cTwo or more
dThree or more
Answer: B
Section 310 BNS retains the rule that when five or more persons conjointly commit or attempt a robbery (including those present and aiding), the offence is dacoity.
Which of the following offences is dealt with under Section 308 of the Bharatiya Nyaya Sanhita, 2023?
aCriminal breach of trust
bExtortion
cCheating
dTheft
Answer: B
Section 308 BNS defines and punishes extortion, where a person intentionally puts another in fear of injury and thereby dishonestly induces delivery of property or valuable security.
Under the Bharatiya Nyaya Sanhita, 2023, the general offence of criminal breach of trust is punishable under:
aSection 316
bSection 318
cSection 320
dSection 314
Answer: A
Section 316 BNS consolidates criminal breach of trust; the general punishment under Section 316(2) is imprisonment of either description up to five years, or fine, or both.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under sentence of death (or his legal heir or relative) may file a mercy petition before the President or the Governor within a period from the date the Superintendent of jail informs him of the dismissal of his appeal/SLP or confirmation of the death sentence, of:
aSeven days
bThirty days
cSixty days
dFifteen days
Answer: B
Section 472 BNSS, a wholly new provision, requires a mercy petition in a death-sentence case to be filed within thirty days of the Superintendent informing the convict of dismissal of his appeal/review/SLP or confirmation of the death sentence.
Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that an undertrial prisoner who is a first-time offender shall be released on bond by the Court if he has undergone detention for a period extending up to:
aOne-third of the maximum period of imprisonment specified for the offence
bOne-half of the maximum period of imprisonment specified for the offence
cOne-fourth of the maximum period of imprisonment specified for the offence
dThe whole of the maximum period of imprisonment specified for the offence
Answer: A
The first proviso to Section 479(1) BNSS reduces the threshold for a first-time offender to one-third of the maximum sentence; the benefit does not extend to offences punishable with life imprisonment or where investigation/trial is pending in more than one offence.
Under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate competent to record a confession or statement during investigation:
aMust be the Magistrate having jurisdiction to try the case
bMust be the Chief Judicial Magistrate of the district alone
cMust be an Executive Magistrate of the district
dMay be any Metropolitan or Judicial Magistrate, whether or not he has jurisdiction in the case
Answer: D
Section 183 BNSS empowers any Judicial Magistrate (whether or not having jurisdiction in the case) to record a confession or statement during the course of investigation; the recording is not confined to the trial Magistrate.
Where a cheque is dishonoured, the payee must give written notice demanding payment, and the cause of action under the proviso to Section 138 of the Negotiable Instruments Act, 1881 arises if the drawer fails to make payment within:
aFifteen days of receipt of the notice
bSeven days of receipt of the notice
cThirty days of receipt of the notice
dForty-five days of receipt of the notice
Answer: A
Clause (c) of the proviso to Section 138 NI Act gives the drawer fifteen days from receipt of the notice to make payment; the offence is complete only on his failure to pay within that period.
A complaint for an offence under Section 138 of the Negotiable Instruments Act, 1881 must, under Section 142(b), ordinarily be made within:
aOne month of the date on which the cause of action arises under clause (c) of the proviso to Section 138
bFifteen days of the date on which the cause of action arises
cThree months of the dishonour of the cheque
dSix months of the dishonour of the cheque
Answer: A
Section 142(b) NI Act requires the complaint to be made within one month of the date on which the cause of action arises under clause (c) of the proviso to Section 138, though the court may condone delay on sufficient cause.
Under Section 143 of the Negotiable Instruments Act, 1881, offences under Chapter XVII are to be tried by a Magistrate by following which procedure?
aThe procedure for a regular summons-case only, summary trial being barred
bThe procedure for summary trial, with power to pass a sentence of imprisonment up to one year and fine exceeding five thousand rupees
cThe procedure for trial of sessions cases
dThe procedure for trial of warrant-cases
Answer: B
Section 143 NI Act directs summary trial of Section 138 offences and empowers the Magistrate, notwithstanding the CrPC/BNSS limit, to pass a sentence of imprisonment up to one year and fine exceeding five thousand rupees.
Under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of a cognizable offence punishable with imprisonment which may be less than seven years, a police officer making an arrest without warrant is generally required to:
aRefer the matter to the Superintendent of Police for arrest
bRecord reasons in writing where he is satisfied that arrest is necessary, and record reasons in writing where he does not make the arrest
cArrest in every case without recording any reasons
dObtain prior sanction of the Magistrate before every such arrest
Answer: B
Section 35 BNSS (carrying forward the Arnesh Kumar safeguards) requires the officer, for offences punishable up to seven years, to record reasons for making the arrest where necessary and likewise to record reasons in writing where he decides not to arrest.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a "warrant-case" means a case relating to an offence punishable with:
aImprisonment for a term exceeding three years only
bDeath, imprisonment for life or imprisonment for a term exceeding one year
cImprisonment for a term exceeding seven years only
dDeath, imprisonment for life or imprisonment for a term exceeding two years
Answer: D
Section 2(1)(z) BNSS defines a warrant-case as one relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years; every other case is a summons-case under Section 2(1)(x).
Section 173(1) BNSS, which permits information relating to a cognizable offence to be given at any police station irrespective of the area where the offence is committed (the "Zero FIR"), also expressly allows such information to be given:
aOnly in writing signed by the informant
bOnly orally before the Station House Officer
cOnly through an advocate
dOrally or by electronic communication
Answer: D
Section 173(1) BNSS permits information about a cognizable offence to be given orally or by electronic communication at any police station; if electronic, it must be signed within three days by the person giving it.
Under Section 176(3) BNSS, where an offence is punishable with imprisonment for seven years or more, the officer in charge of the police station shall cause:
aThe accused to be produced before a Sessions Judge within 24 hours
bThe investigation to be transferred to the Central Bureau of Investigation
cA second post-mortem in every case of death
dA forensic expert to visit the crime scene to collect forensic evidence and videograph the process
Answer: D
Section 176(3) BNSS newly mandates that for offences punishable with seven years or more, a forensic expert shall visit the crime scene to collect forensic evidence and videograph the process; States may phase in implementation within five years.
Under Section 35(7) BNSS, no arrest shall be made without the prior permission of an officer not below the rank of Deputy Superintendent of Police where the offence is punishable with imprisonment less than three years and the person to be arrested is:
aA woman
bA public servant
cA first-time offender
dInfirm or above sixty years of age
Answer: D
The proviso to Section 35(7) BNSS requires prior permission of an officer not below DSP rank before arresting a person who is infirm or above sixty years of age, where the offence is punishable with imprisonment of less than three years.
A confession or statement under Section 183 BNSS may be recorded by:
aAny police officer on whom the powers of a Magistrate have been conferred
bAny Metropolitan Magistrate or Judicial Magistrate, whether or not having jurisdiction in the case
cThe Public Prosecutor in charge of the case
dThe Superintendent of Police of the district
Answer: B
Section 183 BNSS empowers a Metropolitan or Judicial Magistrate, whether or not having jurisdiction, to record a confession or statement; the proviso bars a police officer on whom Magistrate's powers have been conferred from recording any confession.
Under Section 187 BNSS, the maximum total period of detention of an accused in police custody, which may be sought in parts during the initial period of investigation, is:
a30 days
b7 days
c15 days
d60 days
Answer: C
Section 187 BNSS retains a maximum of 15 days police custody, but unlike the old CrPC it may be authorised in parts during the first forty or sixty days of the permissible detention period.
Under Section 105 BNSS, the process of conducting a search and seizure, including preparation of the list of seized things and signing by witnesses, shall be:
aReduced to writing only and forwarded to the Sessions Court
bRecorded through audio-video electronic means, preferably mobile phone
cCarried out only between sunrise and sunset
dConducted only in the presence of an Executive Magistrate
Answer: B
Section 105 BNSS newly requires that the search and seizure process be recorded through audio-video electronic means, preferably mobile phone, and the recording be forwarded without delay to the District/Sub-divisional/Judicial Magistrate of the first class.
Under Section 193 BNSS, on completion of investigation the police report (charge-sheet) is forwarded to:
aThe High Court
bThe Court of Session directly
cA Magistrate empowered to take cognizance of the offence on a police report
dThe Director of Prosecution
Answer: C
Section 193 BNSS, the successor to Section 173 CrPC, requires the officer in charge to forward the report on completion of investigation to a Magistrate empowered to take cognizance of the offence on a police report.
Under the proviso to Section 223(1) BNSS, before taking cognizance of an offence on a complaint, the Magistrate shall:
aRefer the complaint to the police for investigation in every case
bObtain the sanction of the State Government
cRecord the evidence of all defence witnesses
dGive the accused an opportunity of being heard
Answer: D
The proviso to Section 223(1) BNSS introduces a new safeguard requiring the Magistrate to give the accused an opportunity of being heard before taking cognizance of an offence upon a complaint.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the rule of prudence that an accomplice is unworthy of credit unless corroborated in material particulars is traceable to:
aSection 138 of the BSA itself
bIllustration (b) to Section 119 of the BSA
cIllustration (g) to Section 119 of the BSA
dSection 124 of the BSA
Answer: B
Illustration (b) to Section 119 BSA permits the Court to presume that an accomplice is unworthy of credit unless corroborated in material particulars — the rule of prudence read with Section 138.
Under Illustration (g) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the Court may presume that:
aA man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen
bJudicial and official acts have been regularly performed
cAn accomplice is unworthy of credit unless corroborated
dEvidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it
Answer: D
Illustration (g) to Section 119 BSA permits the presumption that withheld evidence, if produced, would be unfavourable to the party withholding it. Option (a) is Illustration (a) and option (c) is Illustration (b) to Section 119.
A confession is irrelevant in a criminal proceeding under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) if it appears to have been caused by an inducement, threat, coercion or promise which:
aProceeded from any private individual, regardless of authority
bWas made after the accused was produced before a Magistrate
cHad reference to the charge and proceeded from a person in authority, giving the accused reasonable grounds to suppose he would gain an advantage or avoid an evil of a temporal nature
dRelated only to a spiritual or religious benefit
Answer: C
Section 22 BSA renders a confession irrelevant where the inducement, threat, coercion or promise has reference to the charge, proceeds from a person in authority, and is sufficient to give the accused reasonable grounds for supposing he would gain a temporal advantage or avoid a temporal evil.
Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) raises a presumption regarding the genuineness of a document purporting or proved to be how old, when produced from proper custody?
aFifty years old
bTwelve years old
cThirty years old
dTwenty years old
Answer: C
Under Section 92 BSA, where a document purporting or proved to be thirty years old is produced from proper custody, the Court may presume that the signature and every other part of it were duly executed and attested by the persons by whom it purports to be executed and attested.
The examination of a witness by the party who calls him is called examination-in-chief; the order of examinations under Section 143 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is:
aCross-examination, then examination-in-chief, then re-examination
bExamination-in-chief, then cross-examination (if the adverse party so desires), then re-examination (if the party calling so desires)
cRe-examination, then cross-examination, then examination-in-chief
dExamination-in-chief, then re-examination, then cross-examination
Answer: B
Section 143 BSA fixes the order as examination-in-chief, then cross-examination, then re-examination; the three stages are defined in Section 142 BSA. Re-examination must be directed to explanation of matters arising in cross-examination.
Under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), who among the following is NOT a competent witness?
aA child of tender years who is able to understand the questions and give rational answers
bA person of unsound mind who is not prevented by his unsoundness of mind from understanding the questions and giving rational answers
cA person prevented from understanding the questions or giving rational answers by extreme old age, disease, or unsoundness of mind
dAn accomplice testifying against the accused
Answer: C
Section 124 BSA makes all persons competent unless prevented from understanding the questions or giving rational answers by tender years, extreme old age, disease, or unsoundness of mind. A person of unsound mind capable of rational answers is competent (Explanation to Section 124).
The expression 'evidence' as defined in Section 2 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) includes:
aArguments advanced by counsel and statements made by the accused
bOnly documents and electronic records produced before the Court
cAll statements including statements given electronically which the Court permits or requires witnesses to make (oral evidence) and all documents including electronic or digital records produced for inspection (documentary evidence)
dOnly oral statements made by witnesses before the Court
Answer: C
Section 2(1)(e) BSA defines 'evidence' to mean and include oral evidence (statements, including those given electronically, which the Court permits or requires witnesses to make) and documentary evidence (all documents, including electronic or digital records, produced for the inspection of the Court).
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule of res gestae — that facts so connected with a fact in issue as to form part of the same transaction are relevant, whether they occurred at the same time and place or at different times and places — is contained in:
aSection 8
bSection 6
cSection 14
dSection 4
Answer: D
Section 4 of the BSA, 2023 embodies the doctrine of res gestae, making facts that form part of the same transaction relevant. (This corresponds to old Section 6 of the Indian Evidence Act, 1872.)
A fact which shows or constitutes a motive or preparation for any fact in issue, and the previous or subsequent conduct of a party, is declared relevant under which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 6
bSection 5
cSection 7
dSection 4
Answer: A
Section 6 of the BSA, 2023 deals with relevancy of motive, preparation and previous or subsequent conduct (corresponding to the combined Sections 8 and 14-15 scheme of the old Act).
Choose the correct statement regarding a confession made to a police officer under the Bharatiya Sakshya Adhiniyam, 2023:
aA confession to a police officer is fully admissible against the accused without any restriction
bNo confession made to a police officer shall be proved as against a person accused of any offence
cA confession to a police officer is admissible if made in the presence of two independent witnesses
dA confession to a police officer is provable only if reduced to writing and signed by the accused
Answer: B
Section 23(1) of the BSA, 2023 retains the bar of old Section 25 of the Evidence Act: no confession made to a police officer is provable against an accused person.
Where, in consequence of information received from an accused in police custody, a fact is discovered, so much of such information as relates distinctly to the fact thereby discovered may be proved. This 'discovery' provision is found in the Bharatiya Sakshya Adhiniyam, 2023 in:
aThe proviso to Section 22
bSection 24
cSection 23
dSection 25
Answer: C
Section 23 of the BSA, 2023 contains the bar on confessions in police custody and, in the proviso to sub-section (2), permits proof of so much of the information as relates distinctly to a fact discovered (the old Section 27 IEA rule).
A statement made by a person, since dead, as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death, is relevant under the Bharatiya Sakshya Adhiniyam, 2023 in:
aSection 25
bSection 27
cSection 24
dSection 26
Answer: D
Section 26 of the BSA, 2023 (clause (a)) covers dying declarations and other statements of persons who cannot be called as witnesses, corresponding to old Section 32 of the Evidence Act.
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 the Bharatiya Sakshya Adhiniyam, 2023, expert opinion is governed by:
aSection 45
bSection 47
cSection 39
dSection 51
Answer: C
Section 39 of the BSA, 2023 deals with opinions of experts (old Section 45 of the Evidence Act) and also makes the Examiner of Electronic Evidence under Section 79A of the IT Act, 2000 an expert.
Under the Bharatiya Sakshya Adhiniyam, 2023, an 'admission' is defined as a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact. This definition is found in:
aSection 17
bSection 15
cSection 14
dSection 18
Answer: B
Section 15 of the BSA, 2023 defines 'admission' (old Section 17 of the Evidence Act), now expressly including statements contained in electronic form.
The document itself produced for the inspection of the Court is 'primary evidence'. Under the Bharatiya Sakshya Adhiniyam, 2023, primary evidence is defined in:
aSection 56
bSection 57
cSection 60
dSection 58
Answer: B
Section 57 of the BSA, 2023 defines primary evidence (old Section 62), with new Explanations recognising electronic and digital records, including video recordings, as primary evidence.
Certified copies, copies made from the original by a mechanical process, and oral accounts of the contents of a document by a person who has himself seen it, are forms of secondary evidence. Under the Bharatiya Sakshya Adhiniyam, 2023, secondary evidence is dealt with in:
aSection 59
bSection 58
cSection 61
dSection 57
Answer: B
Section 58 of the BSA, 2023 enumerates the kinds of secondary evidence (old Section 63 of the Evidence Act).
Under Section 126 of the Indian Contract Act, 1872, in a contract of guarantee the person who gives the guarantee is called the:
aSurety
bPrincipal debtor
cCreditor
dIndemnifier
Answer: A
Section 126 defines a contract of guarantee as one to perform the promise or discharge the liability of a third person in case of his default; the person who gives the guarantee is the 'surety', the person in respect of whose default it is given is the 'principal debtor', and the person to whom it is given is the 'creditor'.
Under Section 171 of the Indian Contract Act, 1872, in the absence of a contract to the contrary, who among the following may retain, as security for a general balance of account, any goods bailed to them?
aOnly bankers and pawnees
bBankers, factors, wharfingers, attorneys of a High Court and policy-brokers
cOnly an unpaid seller of goods
dAny bailee in possession of the goods
Answer: B
Section 171 confers a general lien, in the absence of a contract to the contrary, on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; other persons have only a particular lien unless there is an express contract.
Gauri Dutt's servant traced and brought back his missing nephew without knowing that a reward had been announced for doing so, and later claimed the reward. The court held he was not entitled to it. This principle was laid down in:
aHarvey v. Facey
bCarlill v. Carbolic Smoke Ball Co.
cFelthouse v. Bindley
dLalman Shukla v. Gauri Dutt
Answer: D
In Lalman Shukla v. Gauri Dutt (1913), the Allahabad High Court held that acceptance of an offer of reward is not valid unless the acceptor had knowledge of the offer when performing the act.
A minor mortgaged his property to a moneylender who, with full knowledge of the minority, advanced the loan. The Privy Council held the mortgage void ab initio. The case is:
aKhan Gul v. Lakha Singh
bSri Kakulam Subrahmanyam v. Kurra Subba Rao
cMohori Bibee v. Dharmodas Ghose
dAjudhia Prasad v. Chandan Lal
Answer: C
Mohori Bibee v. Dharmodas Ghose (1903) held that an agreement by a minor is void ab initio, since under Section 11 a minor is not competent to contract.
Which of the following is NOT one of the exceptions to the rule "an agreement without consideration is void" recognised under Section 25 of the Indian Contract Act, 1872?
aA written and registered agreement made on account of natural love and affection between parties standing in a near relation
bA promise to compensate a person who has already voluntarily done something for the promisor
cA written and signed promise to pay a time-barred debt
dAn oral promise to make a gift of money out of natural love and affection
Answer: D
Section 25's exceptions require natural-love-and-affection agreements to be in writing and registered; a mere oral promise to gift is not an exception. The completed-gift saving clause applies only to gifts actually made and accepted.
Where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement under Section 20 of the Indian Contract Act, 1872 is:
aValid but unenforceable
bVoid
cVoidable at the option of either party
dVoidable at the option of the party misled
Answer: B
Section 20 renders an agreement void where both parties are under a mistake as to a matter of fact essential to the agreement, as there is no true consensus ad idem.
Under Section 56 of the Indian Contract Act, 1872, where one person promises to do something which he knew, or with reasonable diligence might have known, to be impossible or unlawful, and which the promisee did not know to be so, the promisor must:
aPerform an equivalent substituted obligation
bRefund only the consideration actually received
cMake compensation to the promisee for any loss sustained through non-performance
dBe excused from all liability as the agreement is void
Answer: C
The third paragraph of Section 56 requires a promisor who knew (or could have known) of the impossibility, unknown to the promisee, to compensate the promisee for any loss caused by non-performance.
A applies to a banker for a loan at a time of stringency in the money market, and the banker grants it only at an unusually high rate of interest, which A accepts. Under the Indian Contract Act, 1872, the contract is:
aVoidable for undue influence
bVoid for unlawful object
cValid and not induced by undue influence
dVoidable for coercion
Answer: C
Illustration (d) to Section 16 states that a banker is not in a position to dominate A's will merely because of market stringency; such a contract is not induced by undue influence.
Under Section 68 of the Indian Contract Act, 1872, where necessaries suited to his condition in life are supplied to a person incapable of contracting, the supplier is entitled to be reimbursed:
aOnly if the incapable person ratifies the supply on attaining majority
bFrom any surety who guaranteed the supply
cPersonally from the incapable person himself
dFrom the property of such incapable person
Answer: D
Section 68 allows reimbursement only out of the property of the incapable person (such as a minor or a person of unsound mind); no personal liability is imposed on him.
In a contract of guarantee under Section 126 of the Indian Contract Act, 1872, the person in respect of whose default the guarantee is given is called the:
aIndemnifier
bPrincipal debtor
cSurety
dCreditor
Answer: B
Under Section 126, the person who gives the guarantee is the "surety", the person in respect of whose default it is given is the "principal debtor", and the person to whom it is given is the "creditor".
For eviction on the ground of non-payment of rent under the H.P. Urban Rent Control Act, 1987, a tenant is in default where he fails to pay or tender the rent due, in the absence of any agreement to the contrary, within:
aFifteen days after the expiry of the time fixed in the agreement or the last day of the month next following
bSeven days after expiry of the time fixed
cThirty days after the rent falls due
dSixty days after a written notice of demand
Answer: A
Under Section 14(2)(i), a tenant is liable to eviction for non-payment if he fails to pay or tender rent within fifteen days after the expiry of the time fixed in the tenancy agreement, or in its absence by the last day of the month next following that for which rent is payable.
In an eviction application for non-payment of rent under the H.P. Urban Rent Control Act, 1987, a tenant can ordinarily defeat the order of ejectment by:
aFiling a written undertaking to pay future rent regularly
bDepositing the arrears at any time before the Controller pronounces final orders
cPaying or tendering the arrears of rent together with interest and costs on the first hearing of the application after due service
dFurnishing security for the arrears to the satisfaction of the landlord
Answer: C
The proviso to Section 14(2) protects the tenant from eviction for non-payment if, on the first hearing of the application after due service, he pays or tenders the arrears of rent along with interest and costs as fixed by the Controller.
Where a landlord refuses to accept the rent tendered, neglects to grant a receipt, or there is a bona fide doubt as to the person entitled to receive rent, the tenant under the H.P. Urban Rent Control Act, 1987 may:
aDeposit the rent in the nearest civil court of competent jurisdiction
bDeposit such rent with the Controller in the prescribed manner
cWithhold the rent indefinitely until the dispute is resolved
dSend the rent to the landlord only by registered post
Answer: B
Section 21 permits the tenant, in such circumstances, to deposit the rent with the Controller in the prescribed manner, which operates as valid payment to the landlord.
Any person aggrieved by an order passed by the Controller under the H.P. Urban Rent Control Act, 1987 may prefer an appeal to the appellate authority, ordinarily within:
aThirty days from the date of the order
bForty-five days from the date of the order
cFifteen days from the date of the order
dNinety days from the date of the order
Answer: C
Under Section 24, an appeal against an order of the Controller lies to the appellate authority within fifteen days of the order, with power in the appellate authority to condone delay for reasons recorded in writing.
A specified landlord who, having evicted a tenant under the special provision for recovery of immediate possession, does not occupy the building for a continuous period of three months or re-lets it to a person other than the evicted tenant, is liable under the H.P. Urban Rent Control Act, 1987 to be punished with imprisonment which may extend to:
aSix months, or fine up to two thousand rupees, or both
bThree months, or fine up to one thousand rupees, or both
cOne year, or fine up to five thousand rupees, or both
dSix months, or fine up to one thousand rupees, or both
Answer: D
Under the penalty provision in Section 30, such a specified landlord is punishable with imprisonment up to six months, or with fine up to one thousand rupees, or with both.
The H.P. Urban Rent Control Act, 1987, though enacted in 1987, was given retrospective operation and is deemed to have come into force with effect from:
a17th November 1971
b18th August 1987
c20th October 1987
d26th January 1971
Answer: A
Section 1 provides that the Act shall be deemed to have come into force on the 17th day of November, 1971, giving it retrospective effect, while certain provisions were brought into force on the later appointed day.
In Hari Dass Sharma v. Vikas Sood (Supreme Court, 29 April 2013) arising from eviction proceedings before the Rent Controller, Shimla, the landlord's application under the H.P. Urban Rent Control Act, 1987 was founded on the ground that:
aThe tenant had ceased to occupy the premises for twelve months
bThe landlord bona fide required the building for addition, alteration or re-building
cThe tenant had defaulted in payment of rent for over six months
dThe tenant had sub-let the premises without consent
Answer: B
The eviction application under Section 14 was based on the landlord's bona fide requirement of the building for purposes of addition, alteration or re-building; the Supreme Court clarified that fresh revised building plans were not a pre-condition for executing the eviction order.
Under the H.P. Urban Rent Control Act, 1987, the determination of fair rent of a building or rented land, on an application by the landlord or the tenant, is to be made by:
aThe civil court of competent jurisdiction
bThe Controller
cThe Municipal authority of the area
dThe District Magistrate
Answer: B
Section 4 empowers the Controller, on application by the landlord or tenant, to fix the fair rent of a building or rented land after holding the prescribed inquiry.
Which of the following buildings or lands is, as a general rule, outside the application of the H.P. Urban Rent Control Act, 1987?
aA building let to an employee of a private company
bA residential building let out by a private individual
cA building or rented land owned by the Government
dA non-residential building owned by a charitable trust
Answer: C
Under the exemption provision (Section 3), the Act does not apply to any building or rented land owned by the Government, and the State Government may also exempt other specified buildings or classes of buildings.
The 'Controller' for the purposes of the H.P. Urban Rent Control Act, 1987 is:
aAny person appointed by the State Government to perform the functions of the Controller under the Act
bThe Deputy Commissioner ex officio for the urban area
cAn officer nominated by the High Court of Himachal Pradesh
dThe District Judge of the district concerned
Answer: A
Under the definition clause in Section 2, 'Controller' means any person appointed by the State Government to perform the functions of the Controller under the Act.
Under the Hindu Adoptions and Maintenance Act, 1956, a Hindu is bound to maintain the widow of his predeceased son, so long as she is unable to maintain herself out of her own earnings or property or the estate of her husband, parents or children. This obligation is contained in:
aSection 19
bSection 22
cSection 20
dSection 18
Answer: A
Section 19 of the Hindu Adoptions and Maintenance Act, 1956 casts on the father-in-law the obligation to maintain a widowed daughter-in-law who cannot maintain herself. Section 18 deals with maintenance of the wife, Section 20 with children and aged parents, and Section 22 with dependants.
Under Section 11 of the Hindu Adoptions and Maintenance Act, 1956, where a male Hindu adopts a daughter (or a female Hindu adopts a son), the adoptive parent must be older than the person adopted by at least:
aTwenty-one years
bFifteen years
cTwelve years
dEighteen years
Answer: A
Section 11(iii) and 11(iv) require that where adoption is of a daughter by a male, or of a son by a female, the adoptive parent must be at least twenty-one years older than the child being adopted.
Under Section 3(f) of the Hindu Marriage Act, 1955, a 'sapinda relationship' with reference to any person extends:
aAs far as the third generation in the line of ascent through the father and the fifth generation through the mother
bAs far as the third generation in the line of ascent both through the father and the mother
cAs far as the fifth generation in the line of ascent both through the father and the mother
dAs far as the fifth generation in the line of ascent through the father and the third generation through the mother
Answer: D
Section 3(f)(ii) extends sapinda relationship to the fifth generation (inclusive) in the line of ascent through the father and to the third generation (inclusive) in the line of ascent through the mother, the line being traced upwards from the person concerned counted as the first generation.
A Hindu male, who is a sole surviving coparcener, dies after executing a will bequeathing his interest in the Mitakshara coparcenary property. Such a testamentary disposition of an undivided coparcenary interest is:
aValid only with the prior written consent of all other coparceners
bValid, being expressly permitted by Section 30 of the Hindu Succession Act, 1956
cWholly void, as coparcenary interest devolves only by survivorship
dValid only to the extent of one-half of his notional share
Answer: B
Section 30 of the Hindu Succession Act, 1956 permits a Hindu to dispose of by will his interest in Mitakshara coparcenary property, overriding the rule of survivorship to that extent.
In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court held that a daughter becomes a coparcener by birth under the amended Section 6 of the Hindu Succession Act, 1956. As to whether the father (coparcener) must be alive on 9 September 2005 for the daughter to claim such rights, the Court held:
aThe father must be alive as on 9 September 2005
bBoth the father and the daughter must be alive as on 9 September 2005
cThe father need not be alive as on 9 September 2005; the right accrues by birth
dThe daughter must have been born after 9 September 2005
Answer: C
In Vineeta Sharma v. Rakesh Sharma, the Court held that the coparcenary right is conferred by birth and the father need not be alive as on 9 September 2005, overruling Prakash v. Phulavati on this point.
Under Section 25 of the Hindu Succession Act, 1956, a person who commits or abets the commission of murder is disqualified from inheriting the property of the person murdered. The property in such a case devolves, by virtue of Section 27, as if the disqualified person:
aHad died before the intestate (i.e., is deemed to have predeceased him)
bHad renounced the Hindu religion before the death of the deceased
cWas never related to the deceased at all
dHad been adopted into another family before the death of the deceased
Answer: A
Section 27 provides that where a person is disqualified from inheriting (including under Section 25 for murder), the property devolves as if such person had died before the intestate.
In Shilpa Sailesh v. Varun Sreenivasan (2023), a Constitution Bench of the Supreme Court held that the statutory waiting period of six months prescribed under Section 13B(2) of the Hindu Marriage Act, 1955 for a decree of divorce by mutual consent:
aCan be waived only with the consent of the State Government
bCan be waived only by a Family Court for reasons recorded in writing
cCan never be waived under any circumstances
dCan be waived by the Supreme Court in exercise of its power under Article 142 of the Constitution
Answer: D
In Shilpa Sailesh v. Varun Sreenivasan, the Constitution Bench held that the Supreme Court can, under Article 142, waive the six-month cooling-off period under Section 13B(2) HMA and dissolve a marriage on the ground of irretrievable breakdown.
Match List I (provision) with List II (section of the Hindu Adoptions and Maintenance Act, 1956) and select the correct answer:
List I: (1) Maintenance of wife (2) Maintenance of children and aged parents (3) Definition of dependants (4) Maintenance of dependants
List II: (i) Section 18 (ii) Section 20 (iii) Section 21 (iv) Section 22
a1-(i), 2-(ii), 3-(iii), 4-(iv)
b1-(ii), 2-(i), 3-(iv), 4-(iii)
c1-(i), 2-(iii), 3-(ii), 4-(iv)
d1-(iv), 2-(iii), 3-(ii), 4-(i)
Answer: A
Under HAMA, Section 18 covers maintenance of the wife, Section 20 maintenance of children and aged parents, Section 21 defines dependants, and Section 22 deals with maintenance of dependants by the heirs of the deceased.
A marriage is solemnised between two Hindus where one party had a spouse living at the time of the marriage. Under the Hindu Marriage Act, 1955, such a marriage is:
aMerely irregular, curable by registration
bVoidable at the option of the aggrieved party under Section 12
cNull and void under Section 11, being in contravention of Section 5(i)
dValid but liable to be dissolved by divorce under Section 13
Answer: C
Section 5(i) requires that neither party has a spouse living at the time of the marriage; contravention renders the marriage null and void under Section 11. Bigamy is thus a ground of nullity, not of voidability.
A professes to transfer a farm to B which he has no right to transfer, and in the same instrument confers a benefit of Rs. 1,000 on C, the true owner of the farm. C must elect either to confirm the transfer or to dissent from it and forgo the benefit. This rule is embodied in:
aSection 43 of the Transfer of Property Act, 1882
bSection 41 of the Transfer of Property Act, 1882
cSection 51 of the Transfer of Property Act, 1882
dSection 35 of the Transfer of Property Act, 1882 (doctrine of election)
Answer: D
Section 35 codifies the doctrine of election, requiring a person taking a benefit under an instrument to also bear the burden that the same transaction casts on him. He who accepts a benefit under an instrument must adopt the whole of it.
A, an ostensible owner of immovable property with the implied consent of the real owner, transfers it for consideration to B who, after taking reasonable care to ascertain A's power and acting in good faith, purchases it. Which of the following correctly states the legal position under the Transfer of Property Act, 1882?
aThe transfer is not voidable on the ground that A was not authorised to make it (Section 41)
bThe transfer is void as A was not the real owner
cThe transfer is valid only if subsequently ratified by the real owner in writing
dThe transfer is voidable at the option of the real owner under Section 31
Answer: A
Section 41 protects a bona fide transferee for value from an ostensible owner who holds with the express or implied consent of the real owner, provided the transferee took reasonable care and acted in good faith. It is an exception to the maxim nemo dat quod non habet.
A, fraudulently representing that he is authorised to transfer certain immovable property, sells it to B for consideration. A had no title at the time of sale but later acquires the very property. At B's option, B may compel A to make good the transfer out of the after-acquired interest. This doctrine of 'feeding the grant by estoppel' is contained in:
aSection 43 of the Transfer of Property Act, 1882
bSection 41 of the Transfer of Property Act, 1882
cSection 53A of the Transfer of Property Act, 1882
dSection 6(a) of the Transfer of Property Act, 1882
Answer: A
Section 43 embodies the rule of feeding the grant by estoppel: where a person erroneously or fraudulently represents that he is authorised to transfer property and later acquires an interest in it, the transferee may, at his option, take it. The option is unavailable to a transferee who took with notice of the want of title.
With reference to the meaning of 'immovable property' and 'attached to the earth' under Section 3 of the Transfer of Property Act, 1882, which of the following is NOT regarded as immovable property?
aThings rooted in the earth, as in the case of trees and shrubs (other than standing timber)
bThings embedded in the earth, as in the case of walls or buildings
cStanding timber, growing crops and grass
dThings attached to what is so embedded for the permanent beneficial enjoyment of that to which it is attached
Answer: C
Section 3 expressly excludes standing timber, growing crops and grass from 'immovable property'. These are treated as movable property under the Act.
A transfers property to B for life, and after B's death to such of B's sons as shall first attain the age of 25 years. The transfer to B's son is governed by the rule against perpetuity. Under Section 14 of the Transfer of Property Act, 1882, an interest must vest, at the latest, within:
aThe life or lives of persons living at the date of transfer and a further period of 12 years
bThe life or lives of one or more persons living at the date of transfer and a further period of 18 years
cThe life or lives of one or more persons living at the date of transfer and the minority of some person who shall be in existence at the expiration of that period
dA fixed period not exceeding 21 years from the date of transfer in all cases
Answer: C
Section 14 (rule against perpetuity) requires that the interest vest not later than the lives in being plus the minority of a person in existence at the expiry of those lives. The maximum permissible perpetuity period is the life or lives in being plus minority (ordinarily 18 years).
During the pendency of a non-collusive suit in which a right to immovable property is directly and specifically in question, a party to the suit transfers that property to a stranger. The transferee takes the property subject to the result of the suit. This rule is known as:
aDoctrine of marshalling under Section 56
bDoctrine of fraudulent transfer under Section 53
cDoctrine of lis pendens under Section 52
dDoctrine of part performance under Section 53A
Answer: C
Section 52 embodies the doctrine of lis pendens (ut lite pendente nihil innovetur): a transfer pendente lite does not bind the other party but is subject to the decree of the court. The doctrine does not make the transfer void; it merely makes it subject to the outcome of the suit.
A contracts in writing to sell immovable property to B; B, in part performance, takes possession and is willing to perform his part, though the sale deed is not registered. A subsequently sues to evict B. Under Section 53A of the Transfer of Property Act, 1882, the doctrine of part performance:
aEntitles B to claim specific performance even from a subsequent bona fide transferee for value without notice
bOperates only as a shield to protect B's possession and not as a sword to claim title
cConfers a good title upon B in the property
dHas no application because the deed was not registered
Answer: B
Section 53A is a passive equity that only protects the transferee's possession against the transferor; it does not create or confer title. The rights of a subsequent transferee for consideration without notice are expressly saved by the proviso.
Under Section 5 of the Transfer of Property Act, 1882, a 'transfer of property' means an act by which a living person conveys property to one or more other living persons or to himself. In this context, 'living person' includes:
aOnly a natural person who is a major and of sound mind
bA company or association or body of individuals, whether incorporated or not
cAn unborn person in whose favour an interest is created
dOnly an individual human being and not any juristic person
Answer: B
The explanation to Section 5 provides that 'living person' includes a company or association or body of individuals, whether incorporated or not. A transfer thus need not be confined to natural persons.
A transfers immovable property worth Rs. 2,00,000 to B as a gift by an instrument that is signed by A and attested by two witnesses but is not registered. Under the Transfer of Property Act, 1882, the gift is:
aInvalid, as a gift of immovable property must be effected by a registered instrument signed by the donor and attested by at least two witnesses (Section 123)
bValid, as delivery of possession completes the gift of immovable property
cVoidable at the option of the donee for want of registration
dValid, as attestation by two witnesses is sufficient for a gift of immovable property
Answer: A
Section 123 mandates that a gift of immovable property be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses. For movable property, registration or delivery suffices, but immovable property gifts must be registered.
Where the prescribed period for any suit, appeal or application expires on a day when the court is closed, Section 4 of the Limitation Act, 1963 provides that the same may be instituted, preferred or made:
aOnly with the leave of the court on an application for condonation of delay
bOn the day when the court reopens
cOn the last working day immediately preceding the closure
dWithin fifteen days of the reopening of the court
Answer: B
Section 4 allows the act to be done on the day the court reopens when the limitation period expires on a day the court is closed; the Explanation deems a court closed even if it is shut during any part of its normal working hours.
The power to admit an appeal or application after the prescribed period on sufficient cause under Section 5 of the Limitation Act, 1963 is NOT available to:
aAn application for revision
bAn application for review of a judgment
cAn appeal under the Code of Civil Procedure, 1908
dAn application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908
Answer: D
Section 5 expressly excludes from its benefit an application under any of the provisions of Order XXI CPC (execution applications); it also does not apply to suits at all.
The principle that once time has begun to run no subsequent disability or inability to institute a suit or make an application stops it, is contained in:
aSection 12 of the Limitation Act, 1963
bSection 8 of the Limitation Act, 1963
cSection 9 of the Limitation Act, 1963
dSection 6 of the Limitation Act, 1963
Answer: C
Section 9 enacts the rule of continuous running of time, subject only to the proviso relating to letters of administration granted to a debtor over a creditor's estate.
The only exception to the rule of continuous running of time under Section 9 of the Limitation Act, 1963 is where:
aThe court is closed on the day the period expires
bThe defendant has fraudulently concealed a document
cThe plaintiff is a minor at the time the right accrues
dLetters of administration to the estate of a creditor have been granted to his debtor
Answer: D
The proviso to Section 9 suspends the running of limitation for a suit to recover the debt while letters of administration to a creditor's estate remain with his debtor.
In computing the period of limitation for an appeal under Section 12(2) of the Limitation Act, 1963, which of the following is excluded along with the day on which the judgment complained of was pronounced?
aThe vacation period of the appellate court
bThe time taken by the appellant's counsel to prepare the memorandum of appeal
cThe time requisite for obtaining a copy of the decree, sentence or order appealed from
dThe period during which the appellant was under a legal disability
Answer: C
Section 12(2) excludes the day of pronouncement of the judgment and the time requisite for obtaining a copy of the decree, sentence or order appealed from.
Where a suit or application is based upon the fraud of the defendant, Section 17 of the Limitation Act, 1963 provides that the period of limitation shall not begin to run until:
aThe defendant admits the fraud in writing
bThe plaintiff has actually suffered loss as a result of the fraud
cThe fraud is established by a competent criminal court
dThe plaintiff or applicant has discovered the fraud, or could with reasonable diligence have discovered it
Answer: D
Under Section 17, in cases of fraud or mistake limitation does not begin until the plaintiff/applicant has discovered the fraud or mistake or could, with reasonable diligence, have discovered it.
For a fresh period of limitation to be computed on the basis of an acknowledgment under Section 18 of the Limitation Act, 1963, the acknowledgment of liability must be:
aIn writing, signed, and made before the expiration of the prescribed period
bIn writing and made at any time, whether before or after expiry of the prescribed period
cOral and made before two witnesses
dRegistered and attested
Answer: A
Section 18 requires the acknowledgment of liability to be in writing and signed by the party (or his agent), and crucially it must be made before the expiration of the prescribed period.
Under Section 25 of the Limitation Act, 1963, the period of peaceable and open enjoyment as of right and without interruption required to acquire an easement of access and use of light or air by prescription is:
aThirty years
bTwenty years
cSixty years
dTwelve years
Answer: B
Section 25 prescribes twenty years' enjoyment as of right and without interruption for acquiring an easement (light, air, way, watercourse, etc.), the period ending within two years before the suit; the period is thirty years where the property belongs to the Government.
Under Section 20A inserted by the Specific Relief (Amendment) Act, 2018, no injunction shall be granted by a court in a suit involving a contract relating to:
aA partnership firm
bSale of agricultural land
cAn infrastructure project specified in the Schedule, where it would cause impediment or delay
dTransfer of shares in a company
Answer: C
Section 20A bars grant of any injunction in suits involving contracts relating to infrastructure projects specified in the Schedule where the injunction would impede or delay the project.
Under Section 20C of the Specific Relief Act, 1963 (inserted in 2018), a suit filed under the Act shall be disposed of by the court within:
aSix months from the date of service of summons, extendable by three months
bTwelve months from the date of service of summons on the defendant, extendable by not more than six months in aggregate
cNinety days from the date of filing of the written statement
dTwo years from the date of institution of the suit
Answer: B
Section 20C mandates disposal within twelve months of service of summons on the defendant, with extension not exceeding six months in aggregate for reasons recorded in writing.
In determining the amount of any compensation awarded under Sections 21, 22 or 23 of the Specific Relief Act, 1963, the court is guided by the principles specified in:
aSection 73 of the Indian Contract Act, 1872
bSection 75 of the Indian Contract Act, 1872
cOrder XX of the Code of Civil Procedure, 1908
dSection 74 of the Indian Contract Act, 1872
Answer: A
Section 21(5) read with the Act directs the court, in determining such compensation, to be guided by the principles in Section 73 of the Indian Contract Act, 1872.
Under clause (c) of Section 16 of the Specific Relief Act, 1963 (as it now stands), a plaintiff seeking specific performance must aver and prove that:
aHe has paid the entire consideration before filing the suit
bCompensation would be an inadequate relief for the breach
cThe defendant committed fraud in inducing the contract
dHe 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 relief unless the plaintiff avers and proves performance, or continuous readiness and willingness to perform, the essential terms of the contract.
Where a party to a contract is unable to perform the whole of his part of it, but the part which must be left unperformed bears only a small proportion to the whole in value and admits of compensation in money, specific performance of the rest may be ordered under:
aSection 14 of the Specific Relief Act, 1963
bSection 12(2) of the Specific Relief Act, 1963
cSection 13 of the Specific Relief Act, 1963
dSection 12(1) of the Specific Relief Act, 1963
Answer: B
Section 12(2) permits the court to direct specific performance of so much of the contract as can be performed, with compensation in money for the deficiency, where the unperformed part is small and admits of money compensation.
Under Section 31 of the Specific Relief Act, 1963, a person may sue to have a written instrument adjudged void or voidable and delivered up and cancelled where:
aThe instrument has not been registered
bHe has a reasonable apprehension that the instrument, if left outstanding, may cause him serious injury
cThe instrument is merely unstamped
dThe instrument was executed more than twelve years ago
Answer: B
Section 31 permits cancellation at the instance of a person against whom the instrument is void or voidable, who reasonably apprehends serious injury if it is left outstanding.
The proviso to Section 34 of the Specific Relief Act, 1963 lays down that no court shall make a declaration of legal character or right where the plaintiff:
aSeeks the declaration against the Government
bIs not in possession of the property
cBeing able to seek further relief than a mere declaration, omits to do so
dHas not paid the requisite court fee
Answer: C
The proviso bars a bare declaratory decree where the plaintiff, being able to seek further (consequential) relief, omits to claim it.
Under Section 8A of the Indian Stamp Act, 1899, which of the following transactions shall NOT be liable to stamp duty?
aIssue of a debenture certificate to an individual holder
bTransfer of registered ownership of securities from a person to a depository or from a depository to a beneficial owner
cConveyance of immovable property registered through a depository's office
dA lease of demat shares for a term exceeding one year
Answer: B
Section 8A provides that the transfer of registered ownership of securities from a person to a depository or from a depository to a beneficial owner shall not be liable to duty.
A person who, otherwise than as a witness, signs an instrument chargeable with duty without the same being duly stamped is, under Section 62 of the Indian Stamp Act, 1899, punishable with fine which may extend to:
afive hundred rupees
bfive thousand rupees
ctwo hundred rupees
done thousand rupees
Answer: A
Section 62 punishes drawing, making, issuing, endorsing, transferring or signing (otherwise than as a witness) an instrument not duly stamped with fine which may extend to five hundred rupees.
Under Section 47A of the Indian Stamp Act, 1899 (as inserted by State amendment), where the registering officer has reason to believe that the market value of property in an instrument has been understated, he may refer the instrument to the:
aCivil Court of competent jurisdiction, for a decree of valuation
bState Government, for levy of compounding fee
cInspector General of Registration, for cancellation of the instrument
dCollector, for determination of the market value and the duty payable
Answer: D
Section 47A empowers the registering officer, on reason to believe the market value is understated, to refer the instrument to the Collector, who after enquiry determines the true market value and the deficient duty.
Which of the following instruments is, under Section 11 of the Indian Stamp Act, 1899, expressly permitted to be stamped with adhesive stamps?
aBills of exchange and promissory notes drawn or made out of India
bA conveyance of immovable property situated in Shimla
cA partition deed of agricultural land
dA mortgage-deed for a sum exceeding one lakh rupees
Answer: A
Section 11 expressly allows the use of adhesive stamps for, among others, bills of exchange and promissory notes drawn or made out of India, certain low-value instruments, notarial acts, and transfers of debentures.
Under Section 29 of the Indian Stamp Act, 1899, in the absence of an agreement to the contrary, the expense of providing the proper stamp in the case of an instrument of exchange shall be borne by:
athe party of the first part alone
bthe party receiving the property of higher value
cthe parties in equal shares
dthe party who presents it for registration
Answer: C
Section 29 provides that in the case of an instrument of exchange the stamp duty, absent a contrary agreement, is borne by the parties in equal shares.
Under Section 142(1)(a) of the Negotiable Instruments Act, 1881, a court takes cognizance of an offence under Section 138 only upon a written complaint made by the payee or holder in due course, filed within:
aThree months of the date on which the cheque is drawn
bSixty days of the dishonour of the cheque
cFifteen days of the date on which the cause of action arises
dOne month of the date on which the cause of action arises under clause (c) of the proviso to Section 138
Answer: D
Section 142(1)(a) requires the complaint to be made within one month of the date on which the cause of action arises under clause (c) of the proviso to Section 138, though the court may condone delay for sufficient cause.
After the Negotiable Instruments (Amendment) Act, 2015, territorial jurisdiction to try a complaint under Section 138, where the cheque is delivered for collection through an account, lies with the court within whose local jurisdiction is situated:
aThe place where the demand notice is issued
bThe branch of the drawer's (drawee) bank on which the cheque is drawn
cThe branch of the bank where the payee or holder in due course maintains the account in which the cheque is delivered for collection
dThe place where the original transaction giving rise to the debt took place
Answer: C
Section 142(2)(a), inserted by the 2015 Amendment, fixes jurisdiction at the place where the payee's bank branch (in which the account for collection is maintained) is situated, overriding Dashrath Rupsingh Rathod.
Section 143 of the Negotiable Instruments Act, 1881 directs that, notwithstanding the Code of Criminal Procedure, offences under Chapter XVII shall be tried:
aAs a sessions trial in every case
bAs a summons case without any power of summary trial
cAs a warrant case by the Court of Session
dSummarily, applying the provisions relating to summary trials, by a Judicial Magistrate of the first class or Metropolitan Magistrate
Answer: D
Section 143 mandates summary trial of Section 138 offences by a first-class or Metropolitan Magistrate, applying the summary-trial provisions of the Code as far as practicable.
Notwithstanding the limit on sentence in summary trials under the Code of Criminal Procedure, the first proviso to Section 143(1) of the Negotiable Instruments Act, 1881 empowers the Magistrate in a summary trial under that section to pass a sentence of imprisonment:
aNot exceeding six months and fine not exceeding two thousand rupees
bNot exceeding one year and amount of fine exceeding five thousand rupees
cNot exceeding two years in every case
dNot exceeding three months and fine not exceeding one thousand rupees
Answer: B
The first proviso to Section 143(1) permits a sentence of imprisonment up to one year and a fine exceeding five thousand rupees in a summary trial, departing from the ordinary CrPC summary-trial cap.
Under Section 143(3) of the Negotiable Instruments Act, 1881, the trial of a complaint under Section 138 shall, as far as practicable, be endeavoured to be concluded within:
aThree months from the date of filing of the complaint
bSix months from the date of filing of the complaint
cOne month from the date of filing of the complaint
dTwelve months from the date of filing of the complaint
Answer: B
Section 143(3) requires an endeavour to conclude the trial within six months from the date of filing of the complaint, the trial being held on a day-to-day basis as far as practicable.
Under Section 41 of the H.P. Excise Act, 2011, where a person mixes a noxious substance with liquor and, as a result of such act, death is caused to any person, the punishment may extend to:
aImprisonment for life and fine of five lakh rupees
bImprisonment for ten years and fine of ten lakh rupees
cImprisonment for fourteen years and fine of two lakh rupees
dDeath and fine which may extend to ten lakh rupees
Answer: D
Section 41(a) provides that where death results from mixing a noxious substance with liquor, the punishment may extend to death and fine which may extend to ten lakh rupees.
Under Section 42 of the H.P. Excise Act, 2011, when passing judgment in a case under section 41, the court may order the convicted person to pay, by way of compensation, an amount of not less than how much to the legal representatives of each deceased?
aOne lakh rupees
bThree lakh rupees
cTwo lakh rupees
dFive lakh rupees
Answer: B
Section 42(1)(a) empowers the court to order compensation of not less than three lakh rupees to the legal representatives of each deceased; not less than two lakh rupees for grievous hurt; and not less than twenty thousand rupees for other consequential injury.
Under Section 66 of the H.P. Excise Act, 2011, the Collector may accept by way of composition of an offence punishable under sections 26, 43 to 47 or 59 a sum of money not exceeding:
aOne lakh rupees subject to a minimum of twenty-five thousand rupees
bTen thousand rupees subject to a minimum of two thousand rupees
cTwenty-five thousand rupees subject to a minimum of five thousand rupees
dFifty thousand rupees subject to a minimum of ten thousand rupees
Answer: C
Section 66(1) allows the Collector to accept composition money not exceeding twenty-five thousand rupees, subject to a minimum of five thousand rupees, for each such offence, whereupon the accused if in custody is discharged.
Under Section 56 of the H.P. Excise Act, 2011, where a person is found in possession of any still, utensil or apparatus ordinarily used for the manufacture of liquor, or materials which have undergone a process towards the manufacture of liquor, the legal effect is that:
aNo presumption arises unless the still is found in working condition
bThe burden remains wholly on the prosecution throughout the trial
cThe prosecution must independently prove guilty intention beyond reasonable doubt
dIt shall be presumed, until the contrary is proved, that his possession was in contravention of the Act
Answer: D
Section 56(1) raises a rebuttable presumption that such possession was in contravention of the Act until the contrary is proved, shifting the burden onto the accused.
Under Section 7 of the H.P. Excise Act, 2011, all persons appointed under the Act shall be deemed to be public servants within the meaning of:
aSection 2(c) of the Prevention of Corruption Act, 1988
bSection 14 of the Bharatiya Nyaya Sanhita, 2023
cSection 197 of the Code of Criminal Procedure, 1973
dSection 21 of the Indian Penal Code, 1860
Answer: D
Section 7 deems all persons appointed under the Act to be public servants within the meaning of section 21 of the Indian Penal Code, 1860, as expressly stated in the bare Act.
Under the Wild Life (Protection) Act, 1972, 'taxidermy' as defined in Section 2(30) means:
aThe cultivation of specified plants in a notified area
bThe killing or poisoning of any wild or captive animal
cThe curing, preparation or preservation or mounting of trophies
dThe breeding of wild animals in captivity
Answer: C
Section 2(30) defines 'taxidermy' as the curing, preparation or preservation or mounting of trophies. This is distinct from 'trophy' (Section 2(31)) and 'hunting' (Section 2(16)).
Which one of the following Sections of the Wild Life (Protection) Act, 1972 deals with the 'Restriction on purchase of captive animal, etc., by a licensee'?
aSection 48A
bSection 50
cSection 48
dSection 49
Answer: D
Section 49 restricts a licensee from purchasing, receiving or acquiring any captive animal, wild animal (other than vermin), or any animal article, trophy, uncured trophy or meat derived therefrom otherwise than from a dealer or another licensee. Section 48A deals with restriction on transportation of wildlife.
For an offence committed in relation to any animal specified in Schedule I or Part II of Schedule II, or where the offence relates to hunting in a sanctuary or National Park, Section 51 prescribes imprisonment for a term which shall:
aExtend to three years only, with no minimum
bNot be less than one year but may extend to three years
cNot be less than three years but may extend to seven years
dExtend to six months only, with fine
Answer: C
Under the proviso to Section 51(1), such aggravated offences are punishable with imprisonment for a term which shall not be less than three years but may extend to seven years, and also with a minimum fine.
Under Section 39 of the Wild Life (Protection) Act, 1972, every wild animal hunted in contravention of the Act, and every animal article, trophy or meat derived therefrom, shall:
aBe the property of the person who killed the animal
bBe returned to the licensee after payment of compounding fee
cBe the property of the State Government, or the Central Government in case of a sanctuary or National Park declared by the Central Government
dBe auctioned by the Collector and the proceeds paid to the offender
Answer: C
Section 39 declares such wild animals, animal articles, trophies, uncured trophies, meat, etc., to be the property of the State Government, and where hunted in a sanctuary or National Park declared by the Central Government, the property of the Central Government.
Under Section 68 of the Indian Forest Act, 1927, the sum of money that an empowered Forest-officer may accept by way of compensation for compounding a forest-offence shall in no case exceed:
aTwenty-five rupees
bFifty rupees
cOne hundred rupees
dFive hundred rupees
Answer: B
Section 68(3) provides that the compensation accepted under clause (a) of sub-section (1) shall in no case exceed fifty rupees, and the officer must be of a rank not inferior to Ranger drawing at least one hundred rupees monthly salary.
Under Section 29 of the Indian Forest Act, 1927, a "protected forest" is declared by the State Government:
aBy notification in the Official Gazette over forest-land or waste-land which is the property of Government but not included in a reserved forest
bBy an order of the Forest Settlement-officer after inquiry into claims
cBy a proclamation published in the neighbourhood of the forest under Section 6
dOnly over land which is the private property of individuals or communities
Answer: A
Section 29(1) empowers the State Government, by notification in the Official Gazette, to apply the Chapter to forest-land or waste-land which is the property of Government (or over which it has proprietary rights) but is not included in a reserved forest.
Under Section 55 of the Indian Forest Act, 1927, which of the following is liable to confiscation upon commission of a forest-offence?
aOnly cattle that have trespassed, to be dealt with under the Cattle-trespass Act
bOnly timber which is the property of Government
cAll timber or forest-produce not being the property of Government, and all tools, boats, carts and cattle used in committing any forest-offence
dOnly the tools and implements used, but not the forest-produce itself
Answer: C
Section 55(1) makes liable to confiscation all timber or forest-produce not the property of Government in respect of which a forest-offence has been committed, together with all tools, boats, carts and cattle used in committing any forest-offence.
Under the Himachal Pradesh Courts Act, 1976, the authority empowered to divide the State of Himachal Pradesh into civil districts by notification in the Official Gazette is:
aThe High Court of Himachal Pradesh
bThe State Government
cThe State Government after consultation with the High Court
dThe Governor of Himachal Pradesh
Answer: B
The Act vests in the State Government the power to divide Himachal Pradesh into civil districts by notification in the Official Gazette; this is an executive function of the State Government, not the High Court.
Under the Himachal Pradesh Courts Act, 1976, the Court of the District Judge is deemed to be:
aThe District Court or principal Civil Court of original jurisdiction in the district
bPurely an appellate court having no original jurisdiction
cA court subordinate to the Court of the Subordinate Judge
dA court of small causes for the district
Answer: A
The Court of the District Judge is deemed to be the District Court or principal Civil Court of original jurisdiction in the district; it exercises both original and appellate civil jurisdiction.
Additional District Judges for the speedy disposal of business pending before the Court of a District Judge under the Himachal Pradesh Courts Act, 1976 are appointed by:
aThe Governor on the recommendation of the State Public Service Commission
bThe concerned District Judge after consultation with the High Court
cThe State Government after consultation with the High Court
dThe High Court after consultation with the State Government
Answer: D
Additional District Judges, as may be necessary for speedy disposal of business pending before a District Judge's court, are appointed by the High Court after consultation with the State Government.
Punishment for sexual harassment of a child under Section 12 of the POCSO Act, 2012 is imprisonment for a term which may extend to:
aOne year
bTwo years
cFive years
dThree years
Answer: D
Section 12 punishes sexual harassment (as defined in Section 11) with imprisonment of either description which may extend to three years, and also fine.
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