Himachal Pradesh Judiciary — Prelims 2014

Correct answer: C

The Duchess of Kingston's Case (1776) is the celebrated leading authority on res judicata / estoppel by judgment, laying down that a judgment of a court of competent jurisdiction is conclusive between the parties on the matter directly decided.

Correct answer: A

Explanation VII to Section 11 CPC (extending res judicata to execution proceedings) was inserted by the Code of Civil Procedure (Amendment) Act, 1976 (Act 104 of 1976).

Correct answer: B

Section 10 CPC, Explanation: the pendency of a suit in a foreign court does not preclude Indian courts from trying a suit on the same cause of action. So the answer is 'No'.

Correct answer: A

Section 18 CPC governs the place of institution of a suit where the local limits of jurisdiction of courts are uncertain.

Correct answer: B

Not every decree is appealable; appeals lie only as provided by the Code (e.g., Section 96 bars appeals from consent decrees and small-cause decrees below the value limit). Hence statement (b) is incorrect.

Correct answer: B

Proviso to Section 60(1) CPC declares that any agreement to waive the benefit of the exemptions from attachment is void.

Correct answer: C

Ghan Shyam Das Gupta v. Anant Kumar Sinha, AIR 1991 SC 2251, deals with the scheme of execution of decrees under the CPC (Order 21).

Correct answer: D

Order 21 Rule 90 deals with material irregularity in publishing or conducting the sale. Omission to send a copy of the decree to the executing court is a defect in transfer for execution, not a material irregularity in the conduct of sale.

Correct answer: D

The CPC (Amendment) Act, 1976 introduced a specific provision for counterclaim (Order 8 Rule 6A).

Correct answer: D

Order 26 Rule 4 / Section 133 CPC exempt certain dignitaries from personal appearance; among the options, Judges of the High Court are entitled to such exemption from personal appearance in court.

Correct answer: B

Section 96(3) CPC: no appeal shall lie from a decree passed by the court with the consent of parties; a consent decree is not appealable.

Correct answer: C

Section 153-B CPC provides that the place of trial shall be deemed to be an open court (trial in open court). It was inserted by Act 104 of 1976.

Correct answer: C

Under Order 39 CPC, an injunction may be sought by either party; a plaintiff seeks it to protect the subject-matter, and a defendant may also apply (e.g., on a counterclaim or against waste). So both plaintiff and defendant can apply.

Correct answer: D

Section 152 CPC permits correction of clerical or arithmetical mistakes in judgments, decrees or orders.

Correct answer: B

Inherent powers under Section 151 CPC are procedural and cannot be exercised to override or take away the substantive rights of any party.

Correct answer: B

The incorrect statement is (b): a court cannot execute a decree in respect of property situated entirely outside its local jurisdiction; in such case the decree must be transferred for execution (Section 39) to a court within whose jurisdiction the property lies.

Correct answer: A

Under the Himachal Pradesh Courts Act, 1976, the Superintendent of the District Court is appointed by the High Court (the other ministerial officers being appointed by the District Judge).

Correct answer: B

Under Section 4 of the Himachal Pradesh Courts Act, 1976, the State Government may, by notification in the Official Gazette, divide Himachal Pradesh into civil districts.

Correct answer: C

Section 12 of the Indian Stamp Act, 1899: cancellation of an adhesive stamp may be done by the person affixing it or by the person executing the instrument bearing such stamp.

Correct answer: B

Section 8A of the Indian Stamp Act: transfer of registered ownership of securities from a person to a depository (and from a depository to a beneficial owner) is exempt, but duty is leviable on transfer of registered ownership from a depository to a beneficial owner per the chargeability scheme. Of the options, (b) is the one on which duty is liable.

Correct answer: B

Section 23A of the Indian Stamp Act, 1899 deals with certain instruments connected with mortgages of marketable securities, to be chargeable as agreements.

Correct answer: C

Section 2(13) of the Indian Stamp Act defines 'impressed stamp' to include labels affixed and impressed by the proper officer, as well as stamps embossed or engraved on stamped paper.

Correct answer: B

Section 4(1) applies only to several instruments employed in a single transaction of sale, mortgage or settlement. A guarantee agreement is not such a transaction, so it does not fall within Section 4(1); the answer is 'No'.

Correct answer: A

Section 29 of the Indian Stamp Act, 1899: in the case of a conveyance, in the absence of an agreement to the contrary, the expense of providing the proper stamp is borne by the grantee (the person drawing/taking the conveyance).

Correct answer: C

Section 17 of the Indian Stamp Act, 1899: all instruments chargeable with duty and executed by any person in India shall be stamped before or at the time of execution.

Correct answer: C

Section 34 of the Indian Stamp Act, 1899 is titled 'Special provision as to unstamped receipts'. (Sec. 30 = obligation to give receipt; Sec. 32 = certificate by Collector.)

Correct answer: A

Section 21(5) SRA, 1963 directs that in determining the amount of compensation, the court shall be guided by the principles specified in Section 73 of the Indian Contract Act, 1872 (compensation for loss/damage caused by breach).

Correct answer: A

Section 37 SRA, 1963 provides that temporary injunctions are regulated by the Code of Civil Procedure, 1908 (Order 39).

Correct answer: B

Under Section 26 SRA, 1963, rectification of instruments is available where, through fraud or mutual mistake of the parties, the instrument does not express the real intention; among the options, mutual mistake is the ground for rectification.

Correct answer: C

Section 13 SRA, 1963 (rights of purchaser/lessee against person with no title or imperfect title) applies to both movable and immovable property under a contract for sale or lease.

Correct answer: B

Section 12(2) SRA, 1963 allows enforcement of part performance only at the instance of the party not in default (the non-defaulting party).

Correct answer: C

Section 34 SRA, 1963 empowers the court to grant a declaration as to a person's legal character or as to any right to any property.

Correct answer: B

Section 29 SRA, 1963 provides for the alternative prayer for rescission in a suit for specific performance.

Correct answer: A

Section 20 SRA, 1963 deals with the court's discretion as to decreeing specific performance (and includes power to award compensation in lieu/addition).

Correct answer: D

Per Section 1, the Evidence Act applies to judicial proceedings in courts but not to affidavits or arbitration; an inquiry to determine a jural relation between persons is the situation closest to its application. Affidavits, departmental and arbitration proceedings are expressly outside its scope.

Correct answer: D

Section 85 of the Evidence Act (presumption as to powers of attorney) was substituted by the Information Technology Act, 2000, which inserted/amended several IEA sections including 85, 85A-C, 88A, 90A.

Correct answer: C

The incorrect statement is (c): admission does NOT relate to civil transactions only — admissions (Sec. 17-23 IEA) operate in both civil and criminal matters; a confession is in fact a species of admission in criminal cases.

Correct answer: A

Budhsen v. State of U.P., AIR 1970 SC 1321, laid down the principles governing test identification parades (identification of the accused).

Correct answer: C

A dying declaration (Sec. 32(1) IEA) stands on the same footing as any other piece of evidence; if found true and voluntary it can be the sole basis of conviction without corroboration (Khushal Rao v. State of Bombay).

Correct answer: D

Admissions, entries in public records, and statements in public documents are all recognised exceptions to the rule against hearsay, so 'None of the above' is the correct choice.

Correct answer: A

Section 114 IEA ('court may presume existence of certain facts') deals with presumptions of fact, which are discretionary/rebuttable presumptions.

Correct answer: C

Section 108 IEA raises the presumption of death (person not heard of for seven years by those who would naturally have heard of him is presumed dead).

Correct answer: B

Under Section 119 IEA, evidence given by a dumb witness in writing in open court is deemed to be oral evidence.

Correct answer: A

Section 13 IEA (facts relevant when a right or custom is in question) applies to both public and private rights; the wider view that it covers private as well as public rights is the accepted position.

Correct answer: B

In State of Bombay v. Kathi Kalu Oghad, AIR 1961 SC 1808, the 11-judge bench upheld Section 73 IEA (taking specimen handwriting/signatures/finger impressions), holding it does not violate Article 20(3).

Correct answer: A

Pyare Lal (Peare Lal Show) v. The State, AIR 1961 Cal 531, held that test identification parades do not contravene Article 20(3), as mere exhibition of the body is not a volitional testimonial act.

Correct answer: D

Section 113-A IEA (presumption as to abetment of suicide by a married woman) was inserted by the Criminal Law (Amendment) Act, 1983.

Correct answer: C

Section 45 IEA permits expert opinion on foreign law, science, art, handwriting, etc.; it does not extend to Indian law, which the court is presumed to know.

Correct answer: D

Section 44 IEA allows a party to show that a judgment, order or decree (otherwise relevant) was delivered by a court not competent to deliver it, or was obtained by fraud or collusion.

Correct answer: A

Flagged: the classic holding that a wife of a void marriage is entitled to maintenance does not map cleanly to any listed case (the leading authority Yamunabai Adhav is not an option). Best guess Amarjit Kaur v. Harbhajan Singh (2003) 10 SCC 228, which concerns a wife's maintenance entitlement under the Hindu Marriage Act where the marital status was disputed.

Correct answer: D

'Option of puberty' (khyar-ul-bulugh) is a Muslim-law concept used to repudiate a minor's marriage; it is not a Hindu-law process, so Assertion (A) is wrong, and under Muslim law it IS the recognised (relatively easy) mode of repudiation, so Reason (R) is also wrong. Both A and R are incorrect.

Correct answer: B

Srutis (Vedas) and Smritis are the primary sources of Hindu law and are regarded as immemorial, timeless and eternal; thus both A and R are true and R correctly explains why they form the treasure-house. (Option (b) is the 'R is correct explanation' choice.)

Correct answer: B

Under the old (pre-1956) Hindu law a junior widow could not validly adopt without the consent of the senior widow; such an adoption was void.

Correct answer: B

Before the Hindu Adoptions and Maintenance Act, 1956, a widow could adopt without express authority from her husband in the Bombay and Madras schools, whereas in Bengal/Banaras schools express authority was required.

Correct answer: B

The Hindu Succession (Amendment) Act, 2005 substituted Section 6 of the principal Act, making a daughter a coparcener by birth on the same footing as a son.

Correct answer: D

A partition may be reopened on grounds such as fraud, removal of disability of a disqualified coparcener, and birth/after-born son (son in womb); hence all of these are correct.

Correct answer: B

The Mitakshara is a commentary on the Yajnavalkya Smriti written by Vijnaneshwara; Jimutavahana wrote the Dayabhaga.

Correct answer: B

Brother's wife (widow of elder brother) is a 'degree of prohibited relationship' under Sec. 3(g) HMA; a marriage in contravention is void under Sec. 11 HMA, absent a valid custom permitting it.

Correct answer: A

Of the eight ancient forms, Brahma is the most approved (highest) form of Hindu marriage; Asura is a disapproved (unapproved) form.

Correct answer: E

A contract may be vitiated by fraud, mistake, frustration and undue influence; all four are recognised vitiating factors, so all are correct.

Correct answer: A

An essential of a valid contract is consensus ad idem, i.e., a true meeting of minds of the parties on the same thing in the same sense (Sec. 13, Indian Contract Act).

Correct answer: A

A tender (in the sense of a bid submitted in response to an invitation to tender) is an offer/proposal which, on acceptance, results in a contract.

Correct answer: D

Section 2(g) of the Indian Contract Act, 1872 defines an agreement not enforceable by law as 'void'. (2(d) consideration, 2(e) agreement, 2(f) reciprocal promises.)

Correct answer: A

An accepted proposal becomes an agreement (Sec. 2(b), 2(e)), and it is precisely the acceptance that gives rise to the contractual nexus; both A and R are true and R is the correct explanation of A.

Correct answer: B

Correct pairings: Chandra Das Mushib v. Ganga Prasad = undue influence (ii); Mithoolal Nayak v. LIC = fraud (i); Satyabrata Ghose v. Mugneeram Bangur = frustration of contract (iv); Jagad Bandhu Chatterjee v. Nilima Rani = waiver (iii). FLAGGED: the numbered answer-code combinations are not reproduced in the OCR'd options, so the exact lettered key cannot be fixed; best guess (b).

Correct answer: A

Correct pairings: Restraint of legal proceeding = Sec. 28 (i); Restraint of marriage = Sec. 26 (iii); Wagering contract = Sec. 30 (iv); Contingent contract = Sec. 31 (ii). FLAGGED: the numbered code combinations are missing from the OCR'd options, so the precise lettered key cannot be determined; best guess (a).

Correct answer: D

Logical sequence: Offer (i) -> Acceptance (ii) -> Damage/breach causing loss (iii) -> Damages awarded (iv), i.e., (i)(ii)(iii)(iv).

Correct answer: A

Exception 1 to Section 28 of the Indian Contract Act saves an agreement to refer present or future disputes to arbitration; such an agreement is valid and not void.

Correct answer: B

Goods displayed in a shop window/shelf with a price tag is only an invitation to offer (invitation to treat), not an offer (Pharmaceutical Society v. Boots; Fisher v. Bell).

Correct answer: C

Correct pairings: Subrogation = Sec. 92 (iii); Rights of mesne mortgagee = Sec. 94 (i); Universal donee = Sec. 128 (iv); Revocation of gift = Sec. 126 (ii). FLAGGED: the final numbered code combinations are missing from the OCR'd options, so the lettered key cannot be pinned down; best guess (c).

Correct answer: D

A 'universal donee' (one who takes the whole of the donor's property) is defined in Section 128 of the Transfer of Property Act, 1882, and is personally liable for the donor's debts to the extent of the property received.

Correct answer: A

In F.M. Devaru Ganapati Bhat v. Prabhakar Ganapati Bhat, AIR 2004 SC 2665, the Supreme Court held there is no ban on transfer of interest in favour of an unborn person; Section 20 TPA permits an interest to be created for an unborn who acquires it on birth.

Correct answer: C

Per the illustration to Section 19 TPA (vested interest): postponement of enjoyment to age 25 does not prevent immediate vesting, so C has a vested interest and is entitled to possession on attaining majority (18).

Correct answer: A

A settlement authorising B to collect rent of the house gives B a present, unconditional right to enjoy the income; it is a vested interest under Section 19 TPA (no condition precedent attaches).

Correct answer: B

Correct pairings: Kokilambal v. N. Raman = Sec. 19 vested interest (iii); John Vallamattom v. UOI = rule against perpetuity, Sec. 14 (i); Kempraj v. Barton = Sec. 18 (iv); Devaru Ganapati Bhat = transfer for benefit of unborn, Sec. 13 (ii). FLAGGED: the numbered code combinations are not reproduced in the OCR'd options, so the exact lettered key cannot be fixed; best guess (b).

Correct answer: B

Under the rule against transfer to unborn persons (TPA s.13 / classical Hindu law of gifts), only a person in existence at the date of the gift can take. K, who existed at the date of the gift, takes; S and P (unborn then) cannot take a direct gift.

Correct answer: B

Clause (dd) of Section 6 of the Transfer of Property Act, 1882 (a right to future maintenance cannot be transferred) was inserted by the Amending Act of 1929.

Correct answer: A

Classic fact-pattern on ostensible ownership/transfer by ostensible owner — held covered by Section 41 of the Transfer of Property Act (transfer by ostensible owner), protecting the bona fide mortgagee. Flagged: heavily OCR-garbled question; among options 'covered under Section 41' best fits the ostensible-owner doctrine.

Correct answer: D

The Registration and Other Related Laws (Amendment) Act, 2001 (which withdrew the s.53-A benefit for unregistered documents) is generally cited as coming into force on 24th September 2001. Flagged: exact commencement date not confirmable from two independent authoritative sources.

Correct answer: D

The Limitation (Amendment) Act, 1969 (Act 10 of 1969) is commonly cited as effective 24th March 1969. Flagged: precise commencement date not verifiable from two independent reputable sources.

Correct answer: B

The Limitation Act, 1963 was extended to Sikkim by notification, generally cited as 1st September 1984. Flagged: exact date not confirmable from two independent reputable sources.

Correct answer: C

The Limitation Bill, after lapsing on dissolution of the Lok Sabha, was reintroduced and the Limitation Act was enacted as Act 36 of 1963. Best guess 1963. Flagged: reintroduction year of the lapsed Bill not independently verifiable.

Correct answer: D

Limitation Act, 1963: Effect of acknowledgment in writing = s.18; Continuing wrong = s.22; Acquisition of easement by prescription = s.25; Computation of time/legal-proceedings exclusion = s.24. Matching A-(iii)18, B-(iv)22, C-(ii)25, D-(i)24 corresponds to code option d.

Correct answer: C

Limitation Act, 1963: s.5 = Condonation of delay (iii); s.3 = Bar of limitation (iv); s.4 = when court closed/period expired (i); s.7 = disability of one of several persons (ii). The A-(iii),B-(iv),C-(i),D-(ii) matching corresponds to option c.

Correct answer: D

Limitation Act, 1963, Article 123 (Schedule): application to set aside an ex parte decree is 30 days from the date of the decree.

Correct answer: A

OCR-broken matching question (case names/sections fragmented across option lines). Krishna Murthy Setlur relates to acknowledgment; Tilak Ram v. Nathu to easement/acknowledgment; State of U.P. v. Maharaja Narain to exclusion of time. Flagged: options are incomplete/garbled; first-listed code is best guess.

Correct answer: B

The 'sufficient cause should be considered with pragmatism in a justice-oriented approach' observation on s.5 condonation of delay is from State (NCT of Delhi) v. Ahmed Jaan, (2008) 14 SCC 582.

Correct answer: A

Fraud preventing execution within limitation is dealt with by Section 17 of the Limitation Act, 1963 (effect of fraud), application within one year of discovery. Option (a) references 'Section 17(2)' (mislabelled 'TP Act' by OCR) which best matches. Flagged: options misattribute the section to the TP Act.

Correct answer: A

In Sankar Dastidar v. Banjula Dastidar, (2007) 12 SCC 538, the Supreme Court held a suit for damages for wrongful detention of goods runs from when the property is wrongfully taken, distinct from continuing wrong.

Correct answer: B

Under Section 28 of the H.P. Urban Rent Control Act, 1987, the High Court has the power to transfer proceedings pending before a Controller/appellate authority.

Correct answer: C

Section 12 of the H.P. Urban Rent Control Act bars conversion of a residential building into a non-residential building without written permission of the Controller.

Correct answer: B

Section 13(1) of the H.P. Urban Rent Control Act provides that every landlord shall be bound to keep the building or rented land in good and tenantable repairs.

Correct answer: B

The H.P. Urban Rent Control Act has two Schedules (Schedule I and Schedule II).

Correct answer: D

Section 7(1)(a) of the H.P. Urban Rent Control Act bars premium and allows the landlord to stipulate for and receive in advance an amount not exceeding one month's rent.

Correct answer: C

Both Ram Murti v. Bhole Nath and Santosh Mehta v. Om Prakash are commonly cited as H.P./rent-control-related decisions; the intended answer is 'Both a and b.' Flagged: case-specific attribution to this particular Act not independently re-verified.

Correct answer: A

The H.P. Urban Rent Control Act, 1987 is deemed to have come into force on 17th November 1971 (the date the predecessor 1971 Act commenced), with retrospective effect.

Correct answer: D

Matching: 'Tenant' = s.2(j); leases of vacant buildings = s.23; execution of orders = s.16. OCR pairings here are 'Tenant'-(iii)s.2(i), 'scheduled building'-(iv)s.2(h), leases of vacant buildings-(i)s.23, execution of orders-(ii)s.16, giving code option d. Flagged: definition sub-clause labels garbled by OCR.

Correct answer: A

Section 30 of the H.P. Urban Rent Control Act prescribes penalties for contravention of Sections 10, 11, 12 or 24.

Correct answer: C

Section 25 of the H.P. Urban Rent Control Act, 1987 confers the power to summon and enforce attendance of witnesses.

Correct answer: C

Power to declare sanctuaries/National Parks by the Central Government falls under Chapter IVA / s.38 of the Wild Life (Protection) Act, 1972; 's.38' is not an option, so 38A (the Chapter IVA range) is the best available choice. Flagged: option set omits the precise section 38, making the item defective.

Correct answer: D

Under Section 50(4) of the Wild Life (Protection) Act, 1972, on conviction the court may cancel the arms licence and the person is not eligible for a licence for five years from the date of conviction.

Correct answer: B

Section 38M(1) read with Section 38L(2)(d) of the Wild Life (Protection) Act provides that experts/professionals nominated shall hold office for a period not exceeding three years.

Correct answer: A

Under Section 2(18A) of the Wild Life (Protection) Act, 'meat' includes blood, bones, sinew, eggs, shell or carapace, fat and flesh whether raw or cooked of any captive or wild animal, but the definition's listed exception/exclusion places 'blood' as not within the ordinary meat sense; meat excludes vermin-related items, but among the options blood is the answer keyed.

Correct answer: B

Section 18A of the Wild Life (Protection) Act, 1972 (inserted by the 2002 amendment) deals with protection of a sanctuary pending the settlement/declaration proceedings.

Correct answer: B

Section 28 of the Indian Forest Act, 1927 empowers the State Government to assign forest land to a village community, i.e., the formation of 'village forests'.

Correct answer: A

Section 33 of the Indian Forest Act, 1927 prescribes punishment for acts prohibited in protected forests; the imprisonment may extend to six months (with or without fine).

Correct answer: B

Section 4 of the Indian Forest Act, 1927 requires the State Government to issue a notification in the Official Gazette declaring the intention to constitute land as a reserved forest.

Correct answer: D

Section 14 of the Indian Forest Act, 1927 confers powers on the Forest Settlement Officer to inquire into and record claims (powers like those of a civil court).

Correct answer: C

Section 39 of the Indian Forest Act, 1927 empowers the State Government to impose a duty on timber and other forest-produce.

Correct answer: A

Under Section 16 of the Punjab Excise Act, 1914, no intoxicant shall be imported, exported or transported except under and in compliance with the conditions prescribed by the State Government.

Correct answer: C

Under Section 24 of the Punjab Excise Act, 1914, no tari-producing tree shall be tapped except under the authority and subject to the terms of a licence granted by the Collector.

Correct answer: A

Section 17 of the Punjab Excise Act, 1914 empowers the Financial Commissioner to prohibit the import, export or transport of any intoxicant.

Correct answer: B

Section 59 of the Punjab Excise Act, 1914 empowers the Financial Commissioner to make rules regulating the manufacture, supply, storage or sale of any intoxicant.

Correct answer: A

Under Section 60 of the Punjab Excise Act, 1914, the Collector may by notification make rules regulating matters such as the bottling of liquor for the purpose of sale.

Correct answer: D

By the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002, the punishment under Section 138 was enhanced from one year to imprisonment which may extend to two years.

Correct answer: B

Under proviso (c) to Section 138 (post-2002 amendment), the drawer must fail to pay within fifteen days of receipt of the demand notice for the offence to be complete.

Correct answer: C

Under proviso (b) to Section 138 (as amended in 2002), the payee must make the demand by notice within thirty days (one month) of receipt of information of dishonour; failing which cognizance is barred.

Correct answer: D

Section 143 of the Negotiable Instruments Act, 1881 (inserted in 2002) empowers the court to try cases under Section 138 summarily.

Correct answer: B

The amendments to Sections 138, 141, 142 and 143 were made by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002.

Correct answer: A

Under Section 82 IPC nothing is an offence done by a child under seven years of age; such a child is conclusively presumed doli incapax (incapable of crime).

Correct answer: C

Section 103 IPC lists the offences (robbery, house-breaking by night, mischief by fire on a dwelling, theft/mischief/house-trespass causing apprehension of death or grievous hurt) where private defence of property extends to causing death; simple house-trespass is not included.

Correct answer: C

Under Section 100 IPC, the right of private defence of the body extends to causing death where the assault is with the intention of abducting (or of kidnapping); mere wrongful restraint, confinement or apprehension of hurt does not suffice.

Correct answer: B

Abetment by instigation (Section 107, First clause IPC) is complete on instigation itself; abetment is an offence even though the act abetted is not committed (Section 108, Explanation), so A is liable for abetment by instigation.

Correct answer: D

Under Explanation 3 to Section 108 IPC, abetment of an offence is an offence even though the person abetted is incapable (by infancy) of committing it; the abettor A is liable for abetting theft (the child being doli incapax).

Correct answer: B

Even though B was not in fact pregnant, A who administered the drug with intent to cause miscarriage is guilty of an attempt (Section 511 read with Section 312 IPC), the impossibility not absolving him. Options b and c are duplicated; the correct keyed answer is 'guilty of attempt'.

Correct answer: B

Actus reus (the guilty act) together with mens rea is an essential element of crime; 'Actress Reus' is the garbled OCR of actus reus. Volition, motive and will are not invariably essential.

Correct answer: D

Section 34 IPC speaks of a criminal act done 'by several persons' in furtherance of common intention, which requires participation of more than one person; there is no minimum of two-only or five.

Correct answer: D

The M'Naghten case (1843) laid down the rules on the defence of insanity (unsoundness of mind), reflected in Section 84 IPC.

Correct answer: A

Section 100 IPC enumerates the circumstances in which the right of private defence of the body extends to causing death.

Correct answer: C

Per Explanation 3 to Section 108 IPC, it is not necessary that the person abetted be capable of committing the offence or have the same guilty intention as the abettor.

Correct answer: C

Section 146 IPC defines rioting as the use of force or violence by an unlawful assembly, or a member thereof, in prosecution of the common object of such assembly.

Correct answer: C

Fracture or dislocation of a tooth / 'destruction or permanent impairing of the powers of any member or joint' is grievous hurt under Section 320 IPC (knocking out teeth is a settled instance of grievous hurt).

Correct answer: A

Wrongful restraint is defined in Section 339 IPC; Section 341 prescribes its punishment. (Wrongful confinement is defined in s.340, punished by s.342.)

Correct answer: A

Under Section 351 IPC assault is made by a gesture or preparation intended to cause apprehension of criminal force; the Explanation states that mere words do not amount to assault. Of the options, a gesture causes assault.

Correct answer: B

Section 2(x) CrPC defines a warrant-case as one relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.

Correct answer: B

Section 57 CrPC requires that an arrested person not be detained beyond 24 hours without a Magistrate's order; production before the Magistrate within 24 hours is mandated (read with Art. 22(2) and s.167).

Correct answer: B

Section 50 CrPC obliges the arresting officer to communicate the grounds of arrest and, where the offence is bailable, the right to be released on bail.

Correct answer: A

Section 82(1) CrPC requires the proclamation to fix a date not less than 30 days from its publication for the person's appearance. (The OCR reads 'years' but the statute says days.)

Correct answer: A

Section 92 CrPC lays down the special procedure for production of documents/parcels in the custody of a postal or telegraph authority. (General production by others is under s.91.)

Correct answer: D

Under Section 96 CrPC, any person interested may apply to the High Court to set aside a declaration of forfeiture made under Section 95; a Special Bench of the High Court decides it.

Correct answer: A

An FIR registering a cognizable offence is recorded under Section 154 CrPC.

Correct answer: C

Section 160 CrPC empowers the investigating police officer to require, by written order, the attendance of any person acquainted with the facts of the case.

Correct answer: A

As applicable to this 2014 paper, the proviso to Section 160(1) CrPC barred requiring attendance, at a place other than his residence, of any male person under the age of 15 years (and of any woman).

Correct answer: A

Section 164 CrPC empowers a Magistrate to record confessions and statements made in the course of investigation.

Correct answer: B

By the proviso to Section 162 CrPC, a statement recorded under s.161 may be used only to contradict the witness (in the manner of s.145 Evidence Act), not to corroborate.

Correct answer: C

Section 164 CrPC provides the special procedure for recording both confessions and statements made during the course of investigation.

Correct answer: C

Under proviso (a) to Section 167(2) CrPC, for offences other than those punishable with death/life/imprisonment of not less than 10 years, detention during investigation cannot exceed a total of 60 days.

Correct answer: B

Section 127(2) CrPC empowers the Magistrate to cancel or vary an order of maintenance/interim allowance in consequence of a competent court's decision.

Correct answer: A

A Magistrate commits a case (triable exclusively by the Court of Session) to the Court of Session under Section 209 CrPC. (Sections 323/324 deal with commitment after commencement of inquiry/trial in other situations, but the standard committal answer is s.209.)