Himachal Pradesh Judiciary — Prelims 2020

Correct answer: C

Sections 41 (relevancy of certain judgments in probate, matrimonial, admiralty or insolvency jurisdiction) and 42 (relevancy and effect of judgments other than those mentioned in s.41) are both exceptions to the rule that judgments are res inter alios acta. Hence both (a) and (b).

Correct answer: B

In Kalua v. State of U.P. the Supreme Court held that where two medical experts differ, the court should accept the opinion that fits in with the direct/eye-witness testimony. The other options concern unrelated points (Satya v. Teja Singh is on conflict of laws/domicile).

Correct answer: A

Under Explanation 2 to Section 62 of the Evidence Act, where a number of documents are all made by one uniform process, each is primary evidence of the contents of the rest; but where each is a copy of a common original, none is primary evidence of the original. On these facts each signed counterpart is itself an original executed document, so both copies are primary evidence (the illustration to s.62 treats each signed counterpart as primary evidence as against the signer/the party against whom it operates).

Correct answer: D

The proposition (a party not in possession of the device cannot be required to produce a 65B(4) certificate) is the ratio of Shafhi Mohammad v. State of Himachal Pradesh (2018) 2 SCC 801. Option (d) 'Shani Mohammad v. Himachal Pradesh' is a garbled OCR rendering of that case, so it is the intended key. Flagged because the case name is corrupted and Shafhi Mohammad's reasoning was later doubted/overruled by the larger bench in Arjun Panditrao (2020).

Correct answer: B

Section 123 of the Evidence Act bars evidence derived from unpublished official records relating to affairs of State except with the permission of the head of department concerned. Section 122 deals with marital communications and s.124/125 with official communications/informant identity.

Correct answer: C

Under Section 27, 'information received from a person accused' covers all forms of information that lead to discovery of a fact, whether it amounts to a confession or not; the section is not confined to confessional statements (Pulukuri Kottaya). Hence (c).

Correct answer: B

Section 21 of the Indian Stamp Act, 1899 provides that where an instrument is chargeable with ad valorem duty in respect of any stock or marketable/other security, the duty is calculated on the value of such stock or security according to the average price or value thereof on the day of the date of the instrument.

Correct answer: C

Under Section 24 of the Indian Stamp Act, where consideration is partly in money and partly in release of an antecedent debt, the whole sum is treated as the consideration. Money paid Rs.500 plus debt released Rs.1,000 = Rs.1,500, so stamp duty is payable on Rs.1,500.

Correct answer: D

Section 11 of the Indian Stamp Act, 1899 lists instruments that MAY use adhesive stamps: low-duty instruments, bills of exchange/promissory notes drawn out of India, advocate-roll entries, notarial acts, and transfers by endorsement of shares. A cheque (a bill of exchange payable on demand drawn on a banker) is not within this permitted list and cannot be stamped with adhesive stamps; the other three options are expressly listed in s.11.

Correct answer: A

Under Section 7 of the Himachal Pradesh Courts Act, 1976, it is the High Court that may by general or special order authorise an Additional District Judge to discharge any of the functions of the District Judge, including receiving and registering cases and appeals.

Correct answer: A

Under Section 9 of the H.P. Courts Act, 1976 the District Court is the principal civil court of original jurisdiction in the district.

Correct answer: C

The High Court may fix the place at which any court is to be held, and a court may sit at any place within the local limits of its jurisdiction; but the place fixed by the High Court is NOT restricted to being within the local limits of jurisdiction. Hence (i) and (iii) are correct and (ii) is incorrect.

Correct answer: A

Section 2(2) CPC expressly excludes any order of dismissal for default and orders of abatement from the definition of decree. An order of abatement of suit is therefore not a decree, whereas orders deciding no cause of action / appeal not maintainable / remand are appealable as decrees or deemed decrees.

Correct answer: A

Rejection of a plaint is expressly a 'deemed decree' under Section 2(2) CPC. Restitution under s.144 and adjudication of obstruction (Order 21) are appealable orders but are not within the s.2(2) deeming clause; hence (a) only.

Correct answer: A

Dhulabhai v. State of M.P., AIR 1969 SC 78 is the leading authority laying down the seven principles governing exclusion of the jurisdiction of civil courts under Section 9 CPC. Daryao and Nawab Hussain concern res judicata/constitutional remedies.

Correct answer: B

An ex parte decree is a decision on merits and operates as res judicata. A consent decree, a dismissal in default, and a dismissal in limine are generally not treated as res judicata because they are not adjudications on merits after contest.

Correct answer: A

Section 13 CPC lists grounds on which a foreign judgment is NOT conclusive: not by a court of competent jurisdiction, not on merits, founded on incorrect view of international law/refusal to recognise Indian law, opposed to natural justice, obtained by fraud, or sustaining a claim founded on breach of Indian law. 'Not by a complete court' is not a recognised ground; the recognised ground is want of competent jurisdiction. Hence (a) is not a ground.

Correct answer: D

For a decision to be a decree it must conclusively determine the rights of the parties inter se; 'rights' covers substantive as well as procedural rights, and adjudications on matters such as limitation, jurisdiction and accounts can be decrees. All three propositions are correct.

Correct answer: C

A civil court has jurisdiction over all suits of a civil nature unless barred (Explanation to s.9), and a suit where the principal question relates to religious rites/caste (not a property/office right) is not of a civil nature. But a suit of civil nature DOES include private rights, so (ii) is wrong. Hence (i) and (iii) correct.

Correct answer: D

Res judicata is founded on public policy; its principles apply to civil suits, execution, arbitration, interim orders etc.; and Section 11 CPC, though not exhaustive of the general doctrine, codifies it. On the framing used in these papers all three propositions are treated as correct, so (d).

Correct answer: D

For a representative suit under Order I Rule 8, the numerous persons must have the same/common interest and a common grievance in the subject matter, and the relief sought must in its nature be beneficial to all whom the plaintiff represents. All three propositions are correct.

Correct answer: A

Order II Rule 2 requires that the cause of action in the earlier and the subsequent suit be the same (identical). Statement (iii)—that failure to indicate the date of accrual of the cause of action is fatal to filing—is not a correct rule for Order II Rule 2. Hence (i) and (ii) correct, (iii) incorrect.

Correct answer: A

Every suit presupposes a cause of action and, if none exists, the plaint is liable to be rejected (Order VII Rule 11). But mere failure to state the precise date of accrual of the cause of action is not, by itself, fatal to the suit; it is an omission curable by amendment. Hence (i) and (ii) correct, (iii) incorrect.

Correct answer: B

Order VI Rule 2 CPC requires pleadings to state material facts only and not the evidence; they must not state law. So 'pleading should state facts and law' (i) is wrong, while (ii) material facts and (iii) not the evidence are correct. Hence (ii) and (iii) correct, (i) incorrect.

Correct answer: D

Section 75 CPC empowers the court to issue commissions to examine a person, make a local investigation, examine accounts, make a partition, hold investigations, sell property and perform ministerial acts. The question asks where the court may NOT issue a commission; since all the listed purposes are valid grounds for a commission, the framed answer is 'All of these' (i.e., there is no listed situation where a commission cannot issue).

Correct answer: D

Under Section 60(1), proviso (b) CPC, tools of artisans are exempt from attachment and sale in execution. Bills of exchange, promissory notes and Government securities are attachable.

Correct answer: D

Order V CPC recognises personal service on party/agent, service through court, and substituted service (Order V Rule 20). All listed modes are recognised.

Correct answer: A

Legal set-off is provided under Order VIII Rule 6 CPC; equitable set-off is recognised by Rule 6 read with general principles, and counter-claim under Rule 6A.

Correct answer: D

All three statements correctly restate Order XXII Rules 1, 3 CPC: a suit does not abate if the right to sue survives, the LR is brought on record and the suit proceeds, and the person so added is bound by prior pleadings and cannot raise defences inappropriate to his representative character.

Correct answer: A

The quoted passage (attachment before judgment is a drastic and extraordinary power, to be used sparingly; Order 38 Rule 5 is not meant to convert an unsecured debt into a secured debt) is from Raman Tech & Process Engg. Co. v. Solanki Traders, (2008) 2 SCC 302/304.

Correct answer: D

Section 6(2) of the Specific Relief Act, 1963 bars a suit brought after SIX months from the date of dispossession, not three months. Hence the statement of a three-month period is incorrect; the other elements (dispossession, without consent, otherwise than in due course of law) are correct.

Correct answer: D

Section 6(3) of the Specific Relief Act, 1963 expressly bars any appeal and any review against an order/decree under Section 6. The only remedy is a writ/revision in limited circumstances or a regular title suit; among the listed options none (appeal, review, revision) is the prescribed remedy, so 'None of these'.

Correct answer: C

Under Section 2(b) of the Specific Relief Act, 1963, 'settlement' means an instrument (other than a will or codicil) whereby the successive interests in movable OR immovable property are disposed of. So (i) and (iii) are correct; (ii) limiting it to movable property is wrong.

Correct answer: A

The Supreme Court held that a suit seeking a bare declaration of title without seeking possession, where the plaintiff is not in possession, is hit by the proviso to Section 34 SRA and is not maintainable in Union of India v. Ibrahim Uddin, (2012) 8 SCC 148.

Correct answer: C

Section 20B of the Specific Relief Act, 1963 (inserted by the 2018 Amendment) empowers the State Government, in consultation with the Chief Justice of the High Court, to designate one or more civil courts as Special Courts to try suits regarding contracts relating to infrastructure projects.

Correct answer: A

Under Section 21 SRA, the plaintiff may claim compensation in addition to or in substitution for specific performance (i and ii correct). Statement (iii) is wrong because Section 21(5) permits the court to allow amendment of the plaint to include a claim for compensation at any stage.

Correct answer: B

Per the Panchsheel test of circumstantial evidence (Sharad Birdhichand Sarda v. State of Maharashtra), all facts must be consistent only with the hypothesis of GUILT of the accused, not 'guilt/innocence'. Hence (b) is the incorrect statement.

Correct answer: A

Hem Raj v. State of Haryana, AIR 2005 SC 2110, is a decision dealing with the testimony/appreciation of a child witness under the Indian Evidence Act, 1872.

Correct answer: D

Section 112 of the Indian Evidence Act, 1872 (legitimacy of a child born during marriage) provides a conclusive/irrebuttable presumption, rebuttable only by proof of non-access. Sections 79 and 85 are rebuttable presumptions; Section 105 places a burden of proof.

Correct answer: B

Footprints of an accused are facts showing conduct/identification and are relevant under Section 8 of the Indian Evidence Act, 1872 (relevant facts include conduct and facts establishing identity). Flagged: footprint identification is also argued under Section 9; the Act has no provision expressly on footprints, so Section 8 is the best fit among the options.

Correct answer: C

A relative's letter conveying that an FIR had been filed, against an accused who absconded, is relevant as evidence of conduct (the accused's absconding) under Section 8 of the Indian Evidence Act, 1872. Flagged: the OCR-distorted stem leaves the precise relevance arguable, but Section 8 (conduct of an accused) is the best fit.

Correct answer: C

Under Section 10 of the Indian Evidence Act, the acts/declarations of a conspirator are admissible against co-conspirators only if made in reference to their COMMON INTENTION/common design (and during the conspiracy). The statement confining them merely to 'in furtherance to their common intention' misstates the requirement, making (c) the incorrect proposition.

Correct answer: D

Under Section 54 of the Indian Evidence Act, evidence of bad character of the accused is irrelevant in criminal proceedings unless the accused has first put his good character in issue. Since good character was not raised, the prosecution's bad-character evidence is inadmissible under both Section 54 and Section 11.

Correct answer: C

Sections 18-20 of the Evidence Act: admissions may be made by parties (i correct) and by persons suing/sued in a representative character (iii correct). Statement (ii) is wrong because an agent may make admissions when expressly OR impliedly authorised, not 'expressly only'.

Correct answer: C

Admissions are substantive evidence (i correct) and generally operate against the maker (ii correct). Statement (iii) is wrong: a self-serving statement is generally not admissible as an admission. So I and II are correct, III is incorrect.

Correct answer: D

All three are correct: a confession is a species of admission in criminal cases (Pakala Narayana Swami principle), a self-exculpatory statement is not a confession, and mere conduct is not a confession unless it amounts to an assertion.

Correct answer: C

Section 27 of the Indian Evidence Act (so much of information leading to discovery of a fact) is based on the doctrine of confirmation by subsequent facts/events, the discovery guaranteeing the truth of the information.

Correct answer: D

All three are correct: Article 20(3) protects against testimonial compulsion; it does not bar use of a retracted (voluntary) confession; and Section 24 protects an accused from confessions caused by inducement, threat or promise.

Correct answer: A

Section 154 gives the court discretion to permit a party to cross-examine its own witness (i correct), exercised on satisfaction of hostility (ii correct). Statement (iii) is wrong: merely declaring a witness hostile does not result in his entire testimony being excluded; the relevant portions may still be relied upon.

Correct answer: C

On dying declarations: percentage of burns alone does not determine admissibility (i correct), and a magistrate's certification of fit state of mind/body bears on reliability (iii correct). Statement (ii) is wrong: absence of a medical fitness certificate is not by itself a ground to discard an otherwise reliable dying declaration.

Correct answer: B

Under s.12 Limitation Act 1963 the time taken to obtain a certified copy of the decree/judgment is excluded, i.e. from the date of applying for the copy (11/07/2002) until the copy was ready (01/08/2002). OCR has badly garbled the options/dates; best fit is 11/07/2002 to 01/08/2002.

Correct answer: C

In Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228, the Supreme Court read down 'after' in s.6(a) of the Hindu Minority and Guardianship Act 1956 to mean 'in the absence of' the father, not literally after his lifetime, so the mother can be natural guardian.

Correct answer: D

The wife's right to seek divorce on the ground of repudiation of a child marriage (solemnised before age 15, repudiated after 15 but before 18) is the 'option of puberty' under s.13(2)(iv) of the Hindu Marriage Act 1955.

Correct answer: B

Section 16 of the Hindu Marriage Act 1955 confers legitimacy on children of void and voidable marriages.

Correct answer: A

Mother, son and daughter are all Class I heirs; the father is NOT a Class I heir (he is a Class II heir, Entry I) of a Hindu male under the Hindu Succession Act 1956 Schedule. The odd one out / non-Class-I heir is the father.

Correct answer: A

Maintenance/alimony provisions of the Hindu Marriage Act 1955 (ss.24-25) are gender-neutral, so a Hindu husband can claim maintenance under the HMA (not under CrPC s.125 or HAMA which protect only the wife). The option set is OCR-broken (option (b) text missing and 'both (a) and (b)' has no second limb), so the intended answer keys to the HMA 1955.

Correct answer: D

Constituent elements of actual desertion are the factum of separation, animus deserendi, absence of reasonable cause and absence of consent of the deserted spouse. Expiry of the one-year statutory period before filing the petition is a condition for maintaining the petition, not an element constituting desertion itself.

Correct answer: D

Among the relations listed, brother's widow and father's brother are higher in the Class II order (father's brother is Class II Entry V) and exclude father's widow's category and father's sister in this comparison; the nearer heirs who succeed are the brother's widow and father's brother.

Correct answer: D

A contract of guarantee involves three parties and TWO contracts (principal debtor-creditor and surety's guarantee). 'Existence of only one contract' is therefore NOT an essential of a contract of guarantee under s.126 of the Indian Contract Act 1872.

Correct answer: C

'Agent' is defined in Section 182 of the Indian Contract Act 1872.

Correct answer: C

Drawing cash from an ATM and a sale by fall of the hammer at an auction are classic examples of tacit contracts (formed by conduct/silence without express or implied words).

Correct answer: B

The case referred to (garbled as 'Froth Spight' = Frost v. Knight, (1872) LR 7 Ex 111) is the leading authority on anticipatory breach of contract.

Correct answer: A

Under s.2(g) of the Indian Contract Act 1872, a void agreement is one not enforceable by law.

Correct answer: B

Under s.4 of the Indian Contract Act 1872, communication of acceptance is complete as against the proposer when it is put in a course of transmission to him, so as to be out of the power of the acceptor.

Correct answer: A

Under s.4 of the Indian Contract Act 1872, communication of acceptance is complete as against the acceptor when it comes to the knowledge of the proposer.

Correct answer: B

This is the illustration to s.63 of the Indian Contract Act 1872 (remission/accord and satisfaction of an unascertained sum) and operates as a discharge of an unliquidated debt; the garbled option 'Pali debt' corresponds to the intended unliquidated/disputed-amount debt.

Correct answer: D

Correct statutory pairings: Contingent contract = s.31; Pledge = s.172; Continuing Guarantee = s.129; Bailment = s.148. The actual 'Codes' answer choices are missing/OCR-broken, so the matching pairs are given but the lettered key cannot be reliably selected; best guess defaults to (d).

Correct answer: C

The Indian Contract Act 1872 (Act 9 of 1872) came into force on 1 September 1872.

Correct answer: D

This is a HP Urban Rent Control match-list question whose List entries and 'Codes' options are OCR-broken/incomplete, so a reliable key cannot be derived; best guess (d).

Correct answer: B

Section 31 of the Himachal Pradesh Urban Rent Control Act 1987 empowers the Controller to exercise the power of a Magistrate for recovery of fine.

Correct answer: A

Standard rent fixed by the Controller under s.4 of the HP Urban Rent Control Act (as amended 2009) is payable from the date of filing of the application for fixation of standard rent.

Correct answer: B

Under s.28 of the HP Urban Rent Control Act 1987, the power to transfer proceedings (from one Controller to another) is vested in the High Court (and appellate authority); among the options the answer is the High Court.

Correct answer: D

Section 12 of the HP Urban Rent Control Act 1987 provides for conversion of a residential building into a non-residential building (only with the Controller's written permission); Section 13 is the landlord's duty to repair.

Correct answer: B

The bar on claiming any premium and the cap on advance rent (not exceeding three months' rent in lump sum) is contained in Section 7 of the HP Urban Rent Control (Amendment) Act 2009.

Correct answer: A

Under Section 6 of the HP Urban Rent Control (Amendment) Act 2009, the increase of standard rent on account of addition, improvement, alteration or special repairs shall not exceed 10% of the cost of such work.

Correct answer: D

Section 53(1) of the Transfer of Property Act, 1882: every transfer of immovable property made with intent to defeat or delay the creditors of the transferor is voidable at the option of any creditor so defeated or delayed.

Correct answer: D

Section 3, TPA defines immovable property to exclude standing timber, growing crops and grass. Of the options, growing trees are immovable property (not 'standing timber' intended for severance), so (d) is included while crops/grass/standing timber are expressly excluded.

Correct answer: D

Under Sections 10 and 11, TPA a condition absolutely restraining alienation/future transfer (s.10) and a condition restraining enjoyment after an absolute transfer (s.11) are void while the transfer remains valid; hence both (b) and (c).

Correct answer: A

Section 69, TPA confers the power of sale without intervention of the court; an English mortgage (s.58(e)) is one of the mortgages where the mortgagee may sell without court intervention in the prescribed circumstances.

Correct answer: A

Section 111, TPA enumerates modes of determination of lease; (a) determination by efflux of time limited thereby is the standard correct mode, and all listed modes are recognised under s.111. (a) is the clearest single correct mode.

Correct answer: D

Section 112, TPA: forfeiture is waived by acceptance of rent become due since forfeiture, by distress for such rent, or by any other act of the lessor showing intention to treat the lease as subsisting; hence all of the above.

Correct answer: B

Section 117, TPA exempts leases for agricultural purposes from the operation of Chapter V (Sections 105-116) unless the State Government notifies otherwise.

Correct answer: C

Under Section 14, Limitation Act, 1963 time bona fide spent prosecuting the matter in a forum lacking jurisdiction (e.g. Consumer Forum) is excluded in computing limitation.

Correct answer: B

Explanation to Section 4, Limitation Act, 1963: a court is deemed closed on any day if during any part of its normal working hours it remains closed; it need not be closed the whole day.

Correct answer: A

Article 109 (formerly Art. 126), Limitation Act, 1963: a suit by a Hindu governed by Mitakshara to set aside his father's alienation of ancestral property is twelve years from when the alienee takes possession. (Options (a) and (c) are duplicate-correct due to OCR; first listed correct option chosen.)

Correct answer: A

Section 22, Limitation Act, 1963 deals with continuing breaches and continuing torts (a fresh period runs while the breach/tort continues); the closest matching option is continuing breach of contract.

Correct answer: B

Article 96, Schedule to the Limitation Act, 1963: a suit to recover possession of movable/immovable property comprised in a religious or charitable endowment transferred by a previous manager for valuable consideration is twelve years.

Correct answer: C

Article 112, Schedule to the Limitation Act, 1963 prescribes a uniform thirty-year limitation for any suit by or on behalf of the Central or State Government (except a suit before the Supreme Court in original jurisdiction).

Correct answer: B

Section 148, Negotiable Instruments Act, 1881: in an appeal against a s.138 conviction the appellate court may order the appellant (drawer) to deposit a minimum of twenty percent of the fine/compensation awarded, which may be released to the complainant (drawee).

Correct answer: D

Under the proviso to Section 138, NI Act the drawer must fail to pay within 15 days of the demand notice (not 30 days); (d) wrongly states 30 days and is the odd one out.

Correct answer: C

Section 14, HP Excise Act, 2011: where the District Magistrate has information that a riot/unlawful assembly has or is likely to occur near a liquor vend, he may order its closure; the power is vested in the District Magistrate.

Correct answer: C

Section 26(1), HP Excise Act, 2011: selling/delivering liquor to a person apparently under 18 is punishable with fine which may extend to ten thousand rupees but not less than two thousand rupees.

Correct answer: D

Section 12 Explanation, Wild Life (Protection) Act, 1972 defines 'scientific management' as translocation to suitable habitat or population management WITHOUT killing/poisoning/destroying; hence population management by poisoning/destroying is not included.

Correct answer: B

Section 28, Wild Life (Protection) Act, 1972 lists permitted purposes for entering/residing in a sanctuary: study of wildlife, photography, scientific research, tourism, lawful business with residents. 'Scientific management of population' is a s.12 hunting-permit concept, not a s.28 entry purpose.

Correct answer: D

Section 50, Wild Life (Protection) Act, 1972 (Chapter VI - Prevention and Detection of Offences) confers the power of entry, search, arrest and detention.

Correct answer: C

The Section 6 proclamation specifies the situation/limits of the proposed forest, the consequences of reservation, and fixes a period for claiming rights/compensation. It invites compensation claims rather than barring them, so 'no compensation claim will be entertained' is the incorrect statement.

Correct answer: A

Section 29, Indian Forest Act, 1927 empowers the State Government to declare protected forests (Chapter IV).

Correct answer: B

Under the Indian Forest Act, 1927 transit control (s.41) is vested in the State Government, while the Central Government prescribes import/export routes (s.41(3)); a State's s.41 rules do not override Central rules. Statement (b) inverts this and is incorrect.

Correct answer: C

Under the HP Excise Act, 2011 all offences are bailable except those punishable under the first and second provisos to sub-section (1) of section 39 and sections 40 and 41, which are non-bailable.

Correct answer: A

In S. Nambi Narayanan v. Siby Mathews (2018) the Supreme Court directed the State of Kerala to pay Rs. 50 lakh as compensation to the appellant for his wrongful arrest in the ISRO spy case.

Correct answer: A

Milton's line 'They also serve who stand and wait' was quoted by Lord Sumner in Barendra Kumar Ghosh v. King Emperor (AIR 1925 PC 1), the leading case on common intention under s.34 IPC, regarding a person who merely stood guard.

Correct answer: D

Chapter IV (General Exceptions) of the IPC comprises Sections 76 to 106, overriding the penal provisions of the Code.

Correct answer: B

Grave and sudden provocation (Exception 1 to s.300 IPC) only reduces murder to culpable homicide not amounting to murder; it does not exculpate. Hence it is a partial defence.

Correct answer: B

The classic definition that actus reus is 'such result of human conduct as the law seeks to prevent' is given by Kenny in his Outlines of Criminal Law.

Correct answer: D

Standard Chartered Bank v. Directorate of Enforcement, (2005) 4 SCC 530, a Constitution Bench, held a company can be prosecuted even for offences carrying mandatory imprisonment and cannot escape merely because it cannot be jailed; it overruled Velliappa Textiles.

Correct answer: A

Devidas Ramchandra Tuljapurkar v. State of Maharashtra (2015) 6 SCC 1 applied the 'contemporary community standards test' for obscenity under s.292 IPC (with greater rigour where revered figures like Gandhi are used).

Correct answer: B

The mandatory wording ('High Court shall commute') in s.416 CrPC was effected by the Code of Criminal Procedure (Amendment) Act, 2008 (Act 5 of 2009). Options misname it 'Criminal Law Amendment'; the nearest year is 2009. Flagged for imprecise option wording.

Correct answer: C

Section 433-A CrPC's validity was upheld in Maru Ram (1981); among the given options only Ashok Kumar @ Golu v. Union of India (1991) examined and reaffirmed the applicability/constitutionality of s.433-A. Other options (Sunil Batra, Shatrughan Chauhan, Charles Sobhraj) do not deal with s.433-A.

Correct answer: C

Locus poenitentiae (opportunity to repent/withdraw) is invoked to distinguish mere preparation from attempt — it is the stage where the accused may still draw back before completing the crime.

Correct answer: C

Section 100 IPC lists when the right of private defence of body extends to causing death (assault with intent to rape, acid throwing, gratifying unnatural lust, etc.). It does NOT cover causing death over a wife's adultery, so (c) is the wrong proposition.

Correct answer: C

The maxim de minimis non curat lex (law takes no notice of trifles) is embodied in Section 95 IPC — acts causing slight harm are not offences.

Correct answer: B

Joseph Shine v. Union of India (2018) struck down Section 497 IPC, decriminalising adultery.

Correct answer: D

Under s.120A IPC an agreement to do a legal act by illegal means, or an illegal act, is conspiracy, but where the object is not an offence an overt act is required; thus a bare agreement to do 'anything contrary to law' is not by itself always punishable, making (d) the untrue statement.

Correct answer: D

Causation, contemporaneity, and novus actus interveniens are core to establishing the actus reus/liability link; motive is legally least relevant to criminal liability (it goes to proof, not to the offence itself).

Correct answer: C

Union of India v. V. Sriharan (Murugan) (2016) 7 SCC 1 upheld the special category of life imprisonment beyond remission first evolved in Swamy Shraddananda (2) v. State of Karnataka (2008) 13 SCC 767.

Correct answer: A

Mohd. Arif @ Ashfaq v. Registrar, Supreme Court of India, (2014) 9 SCC 737 held that review petitions in death-penalty cases must be heard in open court by a bench of at least three judges.

Correct answer: B

Section 354(3) CrPC requires the court, when the sentence is death, to record 'special reasons' for imposing the death sentence.

Correct answer: A

The pardoning power under Arts. 72/161 is subject to judicial review (Maru Ram, Epuru Sudhakar) and is exercised on the aid and advice of the Council of Ministers; it is therefore not 'absolute'. Statement (a) is incorrect.

Correct answer: A

Andrew Ashworth argues that an accused who took reasonable measures to comply with the law yet remained ignorant or mistaken should be allowed a defence (Ashworth, 'Ignorance of the Criminal Law, and Duties to Avoid it').

Correct answer: C

Priya Patel v. State of M.P., (2006) 6 SCC 263 held that since a woman cannot commit rape, she cannot be held guilty of gang rape (common intention to rape cannot be ascribed to her).

Correct answer: B

After Independent Thought v. Union of India (2017) 10 SCC 800 read down Exception 2 to s.375, sexual intercourse by a man with his wife is not rape only if she is not under 18 years; the circumscribed age is now 18.

Correct answer: B

Section 228A IPC prohibits disclosure of the identity of victims of certain sexual offences (including rape under s.376).

Correct answer: A

Lillu @ Rajesh v. State of Haryana, (2013) 14 SCC 643 held the two-finger test violates the rape survivor's right to privacy, physical and mental integrity and dignity. (Option 'Lilly' corresponds to Lillu.)

Correct answer: B

When a criminal case is transferred from one State to another for trial (e.g., Best Bakery, Zahira Habibullah Sheikh v. State of Gujarat), the transferee State where the trial proceeds appoints the Public Prosecutor.

Correct answer: D

D.K. Basu v. State of West Bengal, (1997) 1 SCC 416 laid down binding guidelines/requirements to be followed during arrest and detention — effectively a standard operating procedure for arrest.

Correct answer: C

Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1, a Constitution Bench, held that registration of FIR is mandatory under Section 154 CrPC when information discloses a cognizable offence.

Correct answer: A

Default/statutory bail under Section 167(2) CrPC accrues when investigation is not completed within the prescribed period (60/90 days), entitling the accused to be released on bail.

Correct answer: D

Section 311 CrPC empowers the court, of its own motion, to summon and examine any person as a court witness if their evidence is essential to a just decision of the case.

Correct answer: C

Under Section 320 CrPC, certain offences are compoundable without leave of court and others are compoundable only with the permission/consent of the aggrieved party (victim); offences not listed cannot be compounded.

Correct answer: C

Under Section 125(4) CrPC, a wife living in adultery, refusing without sufficient reason to live with her husband, or living separately by mutual consent, is not entitled to maintenance.

Correct answer: B

Adambhai Sulemanbhai Ajmeri v. State of Gujarat (2014) (Akshardham temple attack) saw the Supreme Court acquit all the accused, making it a classic case of wrongful prosecution.

Correct answer: D

Under Section 272 CrPC, the language of the court is determined by the State Government, not as stated; the statement is incorrect because it ties the language determination wrongly. Options (a) S.300, (b) Art. 20(2), and (c) victim impact statement are all correct, so (d) is the incorrect proposition to be chosen.

Correct answer: A

Plea bargaining under Chapter XXIA CrPC (Ss. 265A-265L) in India is essentially sentence bargaining, focused on reducing the quantum of punishment, not on the charge or facts.

Correct answer: C

After the police file the final report (challan) under Section 173 CrPC, it is the Magistrate who takes cognizance and frames charges; the police only opine and the Magistrate is not bound by that opinion.

Correct answer: C

Clause 'Thirdly' of Section 300 IPC requires intention to cause a bodily injury sufficient in the ordinary course of nature to cause death; this inquiry into the offender's intention is subjective in nature (per Virsa Singh v. State of Punjab).

Correct answer: C

On a complaint, the Magistrate may, before taking cognizance, order an investigation by the police under Section 156(3) CrPC; the other options misstate the law (a Magistrate cannot direct S.156(3) investigation in cases exclusively triable by Sessions in the post-cognizance stage).

Correct answer: B

Under Section 164 CrPC, a confession or statement can be recorded only by a Metropolitan or Judicial Magistrate; it cannot be recorded by a police officer even one on whom magisterial powers are conferred (the section expressly excludes such police officers), making this statement incorrect.

Correct answer: C

Section 143A(2) of the Negotiable Instruments Act, 1881 provides that interim compensation shall not exceed twenty per cent of the amount of the cheque.