Himachal Pradesh Judiciary — Prelims 2023

Correct answer: B

Marital communications are privileged under Section 122 of the Evidence Act, 1872; the disclosure is relevant but cannot be proved without consent, hence relevant but inadmissible.

Correct answer: C

Under Section 120 of the Evidence Act, 1872, in both civil and criminal proceedings the husband and wife are competent witnesses against each other (subject to the Section 122 privilege).

Correct answer: B

Section 31 of the Evidence Act, 1872 provides that admissions are not conclusive proof of the matters admitted, though they may operate as estoppel.

Correct answer: A

Section 118 makes all persons competent to testify unless prevented by tender years, extreme old age, disease etc.; a lunatic who can understand and answer rationally is competent. Both A and R are true and R correctly explains A.

Correct answer: B

B's statement is a confession by a co-accused jointly tried for the same offence; under Section 30 of the Evidence Act it may be taken into consideration against both A and B (B as maker, A as co-accused).

Correct answer: C

Under Section 4 'conclusive proof', the court shall not allow evidence to disprove the presumption. Option (c) (court may at discretion allow rebuttal) is untrue, as it is an irrebuttable/mandatory presumption.

Correct answer: B

A copy compared with another copy (not the original) is secondary evidence under Section 63; it does not satisfy primary evidence requirements of Section 62.

Correct answer: B

Section 6 of the Evidence Act, 1872 (facts forming part of the same transaction) incorporates the doctrine of res gestae.

Correct answer: A

To prove a dying declaration the prosecution must establish the declarant's death; both A (prosecution wishes to prove the dying declaration) and B (must prove Y's death) are correct as a matter of burden of proof.

Correct answer: B

Under the Himachal Pradesh Courts Act, 1976 (as amended), the Court of the District Judge has original civil jurisdiction in suits whose value does not exceed thirty lakh rupees.

Correct answer: B

Under the Himachal Pradesh Courts Act, 1976, the High Court is empowered to invest a Civil Judge with the jurisdiction of a Court of Small Causes for suits cognizable by such court up to a value not exceeding two thousand rupees.

Correct answer: B

Where several instruments complete a sale, only the principal instrument is chargeable with the prescribed duty and the others with one rupee each. Option (b) wrongly reverses this (charging the principal instrument with one rupee), so it is the incorrect statement.

Correct answer: D

Under Section 9 CPC, a suit relating to purely caste/religious matters such as expulsion from caste (no civil right to property/office) is not a suit of a civil nature.

Correct answer: A

A suit may be barred from the cognizance of the civil court on grounds of public policy, and the reason that courts should not countenance matters injurious to public weal correctly explains it. Both true, R explains A.

Correct answer: C

Constructive res judicata is contained in Explanation IV to Section 11 CPC: 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 in issue.

Correct answer: D

Both assertion and reason are false: there IS a presumption in favour of the civil court's jurisdiction, and exclusion of jurisdiction is not readily inferred but must be explicit or clearly implied (Dhulabhai v. State of M.P.).

Correct answer: D

Section 10 CPC does not apply where the previously instituted suit is pending in a foreign court (Explanation to Section 10); the court may still stay proceedings using inherent power under Section 151, so the order is legal.

Correct answer: D

Under Section 13 CPC, a foreign judgment is not conclusive where it is not on merits, is opposed to natural justice, or is obtained by fraud; hence all of the above.

Correct answer: D

Under Section 21 CPC objections to place/pecuniary jurisdiction are allowed by an appellate/revisional court only if taken in the court of first instance at the earliest opportunity AND there has been a consequent failure of justice, i.e. only I & III.

Correct answer: D

Res judicata applies only to a former suit decided on merits. Dismissal for want of jurisdiction, non-joinder or misjoinder is not on merits; where relief was claimed but not granted it is deemed refused and on merits, so res judicata applies.

Correct answer: A

Under the proviso/Explanation to Order 9 Rule 13 CPC, where an appeal against an ex parte decree has been disposed of (and withdrawal of the appeal is treated as such), an application under Order 9 Rule 13 to set aside the ex parte decree is barred and shall be rejected.

Correct answer: D

Interpleader suits are governed by Order XXXV (and Section 88) of the Code of Civil Procedure, 1908.

Correct answer: D

Under Order XII (Rules 2A, 4 etc.) and Order VIII CPC, a document is deemed admitted where a party called upon to admit fails to deny specifically/by necessary implication, fails to deny in the pleading, or fails to respond to a notice to admit documents; hence all of the above.

Correct answer: D

Under Order XXII CPC the legal representative brought on record IS entitled to make any defence appropriate to his character, including filing an additional written statement; option (d) stating the LR will not be allowed to do so is incorrect.

Correct answer: B

Under Order V Rule 4 / Section 132-133 CPC, the President, Vice-President, certain dignitaries, women not compellable by custom, etc. are exempt from personal appearance; a public officer is not so exempted from personal appearance.

Correct answer: C

Order XIII CPC deals with 'Production, Impounding and Return of Documents', not Admissions (Admissions are governed by Order XII). Hence the Order XIII–Admissions pairing is wrong.

Correct answer: B

Appointment of a receiver is governed by Order XL CPC.

Correct answer: A

Order II Rule 2 CPC bars suing for an omitted/relinquished portion of a claim; the rule rests on the policy that every litigation must attain finality, so R correctly explains A.

Correct answer: D

Revision is dealt with under Section 115 CPC.

Correct answer: B

Section 151 CPC preserves the inherent powers of the Civil Court.

Correct answer: C

Under Section 64 CPC a private transfer/alienation of property after attachment is void as against all claims enforceable under the attachment.

Correct answer: B

Section 142 CPC ('Orders and notices to be in writing') mandates that all orders and notices be served or given in writing.

Correct answer: C

Order XXXII CPC governs suits by or against minors and (via Rule 15) persons of unsound mind, i.e. both A and B.

Correct answer: D

Under Section 21 of the Specific Relief Act, 1963, the court may at any stage of the proceeding allow the plaintiff to amend the plaint to include a claim for compensation in addition to specific performance.

Correct answer: B

Section 20(2) SRA, 1963 (substituted performance) requires written notice of not less than thirty days to the party in breach before getting the contract performed by a third party/own agency.

Correct answer: A

Section 20(3) SRA provides that after availing substituted performance, the party suffering breach is NOT entitled to claim specific performance; hence the statement that specific performance is maintainable is incorrect.

Correct answer: D

Section 6(2) SRA, 1963 expressly bars any suit under Section 6 against the Government (and beyond six months from dispossession); so no suit lies under Section 6 against the government.

Correct answer: D

The proviso to Section 34 SRA states the court shall NOT make a declaration where the plaintiff, able to seek further relief than mere declaration, omits to do so; option (d) reverses this and is therefore incorrect.

Correct answer: B

Perpetual injunction is dealt with under Section 38 of the Specific Relief Act, 1963.

Correct answer: D

Under Section 41(e) SRA, an injunction cannot be granted to prevent the breach of a contract the performance of which would not be specifically enforced; the court shall refuse to grant the injunction.

Correct answer: C

Estoppel is NOT applicable against a statute (there can be no estoppel against the law/statute); the other statements are correct, so this is the incorrect one.

Correct answer: C

Section 165 of the Evidence Act, 1872 empowers the judge to ask any question he pleases, relevant or irrelevant, at any time; so the statement that the questions must be relevant only is incorrect.

Correct answer: C

Under the rule of circumstantial evidence (Sharad Birdhichand Sarda), the circumstances must unerringly point towards the guilt of the accused, not towards 'guilt/innocence'; this statement is therefore incorrect.

Correct answer: A

To contradict the FIR-maker called as a witness, the prior statement (FIR) must, under Section 145 of the Evidence Act, be put to/shown to the witness; so contradiction is permissible only after showing the contents of the FIR.

Correct answer: D

Examination-in-chief, cross-examination and re-examination must all be confined to relevant facts; expert opinion is itself a category of relevant fact (Sections 45 onwards) and is not one of the stages governed by the relevancy rule of examination.

Correct answer: A

Ram Bharosey v. State of U.P., AIR 1954 SC 704, is the leading authority on Section 122 (privileged communication between husband and wife), holding spousal communications privileged while acts/conduct witnessed by the spouse remain admissible.

Correct answer: D

Section 14 of the Evidence Act makes facts showing state of mind (knowledge, intention, good faith, ill-will, good-will) relevant; character as such is not a fact in issue under Section 14 (character is dealt with separately under Sections 52–55).

Correct answer: D

Section 8 of the Evidence Act renders motive, preparation, and previous & subsequent conduct relevant; 'cause and effect' is not covered under Section 8.

Correct answer: B

Test Identification Parade is covered by Section 9 of the Evidence Act, which makes facts establishing the identity of a person relevant.

Correct answer: A

In State of Maharashtra v. Dr. Praful B. Desai, (2003) 4 SCC 601, the Supreme Court permitted recording of evidence through video conferencing, holding that 'presence' under Section 273 CrPC includes virtual presence.

Correct answer: B

OCR-broken match-list; options are list items not codes. On the merits the correct pairings are Wife->Sec.18, Widowed daughter-in-law->Sec.19, Dependents->Sec.21/22, Maintenance of dependents generally->Sec.22 (Sec.20 covers maintenance of children and aged parents). Best-guess letter from the broken set.

Correct answer: D

Under Section 13, Hindu Succession Act, 1956, degrees of ascent/descent are reckoned from the intestate to the heirs, computed inclusive of the intestate; statement (iii) saying 'shall not be computed inclusive' is wrong, so the only internally-consistent intended key here is (d) per the paper's framing. Flag: stem statements are inconsistent.

Correct answer: D

A decree of judicial separation under Section 10 HMA does not dissolve the marriage; the parties remain married and may resume cohabitation at any time by mutual choice (and the court may rescind the decree on application). They can decide as per their choice.

Correct answer: A

Under Section 11 read with Section 5(i) HMA, a marriage is null and void if either party has a spouse living at the time of marriage (bigamy). The other listed conditions (parties NOT within prohibited degrees where custom permits) describe valid, not void, marriages.

Correct answer: D

Shilpa Sailesh v. Varun Sreenivasan (2023) Constitution Bench held the Supreme Court can, under Article 142, waive the Section 13-B(2) cooling-off period and grant divorce on irretrievable breakdown without the second motion.

Correct answer: C

T. Sareetha v. T. Venkata Subbaiah (AIR 1983 AP 356) concerned the constitutional validity of Section 9 HMA (restitution of conjugal rights), which the AP High Court struck down as violative of privacy/Article 21.

Correct answer: B

Assertion (bigamous marriage is void) and Reason (a child of a void marriage is legitimate, per Section 16 HMA) are both true. Both being true, the intended answer is the 'both true and R correctly explains A' option, mapped to (b) in this paper's shifted lettering. Flag: stem lettering is offset by one.

Correct answer: A

Section 20, Hindu Succession Act, 1956: a child in the womb at the intestate's death who is later born alive inherits as if born before the death, the inheritance vesting from the date of death. Option (a) states this correctly.

Correct answer: E

Section 4(b) of the Hindu Minority and Guardianship Act, 1956 defines 'guardian' to include all of: a natural guardian, a testamentary guardian (appointed by will of father/mother), a guardian appointed/declared by court, and a person empowered under any enactment relating to Court of Wards. All four (i-iv) are correct, so the 'all of the above' choice (e) is intended. Flag: option labels are list items, not the final code.

Correct answer: A

Under Section 30 of the Hindu Succession Act, 1956, a Hindu may dispose of his undivided interest in Mitakshara coparcenary property by will (testamentary disposition); inter vivos a coparcener could not unilaterally sell/gift his undivided share without partition.

Correct answer: A

Section 122 read with Section 125 TPA: a gift is void if the donee dies before acceptance, since acceptance must be made during the lifetime of the donor and while the donee is capable of accepting.

Correct answer: D

Under Section 20 TPA, an unborn person for whose benefit an interest is created acquires a vested interest on birth, but he is NOT necessarily entitled to immediate enjoyment (enjoyment may be postponed). So Statement I is correct and Statement II is wrong: 'Only Statement I is correct' = (d).

Correct answer: A

Per the definition of 'attested' in Section 3 TPA, attestation requires two or more witnesses, each having seen the executant sign/affix mark (or seen another person sign for him) and each having signed in the executant's presence; it does NOT require that more than one witness be present at the same time. Hence the complete/correct statement of the definition is (a).

Correct answer: C

The doctrine of subrogation (Section 92 TPA) applies to mortgages: a person redeeming a mortgage steps into the shoes of the mortgagee whose security he discharges.

Correct answer: B

Match-list with garbled list items. Correct pairings: Transfer of property defined->Sec.5, Rule against perpetuity->Sec.14, Transfer by ostensible owner->Sec.41, Contingent interest->Sec.21. Best-guess code letter from the broken option set.

Correct answer: B

Section 10 TPA: a condition or limitation absolutely restraining the transferee from parting with or disposing of his interest in the property is void (with stated exceptions).

Correct answer: A

Where a transferor for consideration represents a present interest but in fact holds only spes successionis, the transferee is protected under Section 43 TPA (feeding the grant by estoppel), as held in Jumma Masjid, Mercara v. Kodimaniandra Deviah, AIR 1962 SC 847.

Correct answer: D

Section 54 TPA: 'Sale' is a transfer of ownership in exchange for a price. The defining feature is transfer of ownership.

Correct answer: B

Section 106 TPA: a lease of immovable property from year to year is terminable by six months' notice (a lease for manufacturing purposes is yearly; otherwise the default is month-to-month with 15 days). Here 'from year to year' = six months' notice.

Correct answer: C

Under Section 52 TPA (lis pendens), the suit/proceeding must be pending in a court of competent jurisdiction and must NOT be collusive, and a right to immovable property must be directly and specifically in question. Saying the proceeding 'may be collusive' is NOT true of lis pendens, so (c) is the false statement.

Correct answer: B

Match-list with garbled list items. Correct pairings under the Limitation Act, 1963: Effect of fraud or mistake->Sec.17, Suit in forma pauperis->Sec.3 (effect of computation/Sec.4? actually Sec.3 bar of limitation), Defect in jurisdiction->Sec.14, Bar of limitation->Sec.3. Best-guess code letter; pairing labels are corrupted in OCR.

Correct answer: B

Section 2(b) of the Limitation Act, 1963 defines 'application' to include a petition. 'Suit' does not include an appeal or application (Section 2(l)/(j)).

Correct answer: E

Section 22 of the Limitation Act, 1963: in a continuing breach/continuing tort a fresh period of limitation begins to run at every moment the breach/tort continues, and the test is whether the wrong (not merely the right) is continuing. Statements I and II are correct: 'Only I and II are correct' = (e).

Correct answer: A

Section 4 of the Limitation Act, 1963: where the prescribed period expires on a day when the court is closed, the suit/appeal/application may be instituted on the day the court reopens.

Correct answer: C

Under Section 18 of the Limitation Act, 1963 an acknowledgment gives a fresh period of limitation only if made BEFORE the expiry of the prescribed period. An acknowledgment made after the period has already expired has no effect on limitation.

Correct answer: B

The law of limitation is procedural/adjective, not substantive; it bars the judicial remedy (right to sue) without extinguishing the underlying right (except where Section 27 applies to property/adverse possession). Hence it 'bars the judicial remedy'.

Correct answer: D

Article 137 of the Schedule to the Limitation Act, 1963 is the residuary article for 'any other application for which no period of limitation is provided elsewhere' and prescribes a period of three years.

Correct answer: C

Article 124 of the Schedule to the Limitation Act, 1963 prescribes 30 days for an application for review of a judgment by a court other than the Supreme Court.

Correct answer: B

Section 5 of the Limitation Act applies to appeals and applications, NOT to suits; so the Assertion (that Section 5 lets a court admit a 'suit') is false. The Reason, that an appeal may be admitted after the prescribed period on sufficient cause, is true. Hence A is false but R is true.

Correct answer: E

Under Section 12, in computing limitation for an appeal/application, the day on which the judgment was pronounced and the time requisite for obtaining a copy of the decree/order are excluded (Statement II). Statement I as worded is incomplete/inaccurate; the precise rule is captured by Statement II.

Correct answer: B

The question asks which statement is false. Option (b) wrongly states a contract is NOT frustrated when the actual subject matter has ceased to exist (calling it mere commercial hardship); destruction of the specific subject matter (Taylor v Caldwell) does frustrate the contract, so (b) is the false statement.

Correct answer: C

When the promisor offers to perform but the promisee does not accept, it is a 'tender of performance' (attempted performance) under Section 38 of the Indian Contract Act, 1872, which discharges the promisor's liability. 'Tender of Performance' is the standard term used.

Correct answer: B

Under Section 11 read with Section 12 of the Contract Act, a minor and a person who is intoxicated/of unsound mind are alike incompetent to contract; a minor's agreement is void ab initio, the same consequence as an agreement by a drunken person incapable of understanding it.

Correct answer: D

Recovery of reasonable compensation for work done where further performance is rendered useless by the other party's act is the doctrine of quantum meruit ('as much as earned'), reflected in Section 65/70 principles.

Correct answer: A

Both statements are true: all illegal agreements are void but not all void agreements are illegal (Statement I correct), and all wagering agreements are void under Section 30 (Statement II correct). The correct answer choice indicating both true is option (a) ('Statement II: All wagering agreements are void'), as the structure makes (a) the combined true option.

Correct answer: C

Under Section 35 of the Contract Act, a contingent contract to do/not do something if a specified uncertain event does NOT happen within a fixed time becomes void when that time expires OR before, when the happening of the event becomes impossible. Hence both (a) and (b) are correct.

Correct answer: B

Under Section 185 of the Contract Act, no consideration is necessary to create an agency. Bailment and pledge require delivery/consideration elements and partnership requires mutual consideration, but agency expressly needs none.

Correct answer: A

Correct matching: Carlill v Carbolic Smoke Ball Co.-General offer (i); Tweddle v Atkinson-Privity of Contract (ii); Bhagwan Das Kedia v Girdhari Lal-Communication of acceptance (iii); Krell v Henry-Frustration of contract (iv). This i-ii-iii-iv ordered match corresponds to option (a).

Correct answer: D

The doctrine of contra proferentem requires that an ambiguous clause in a contract be construed against the party that drafted/introduced it (typically the party that supplied the standard form). Option (d) states this correctly.

Correct answer: E

The logical sequence in contract formation is: offer is communicated (i), then a counter-offer is made (ii) which operates as rejection of the original offer (iii), then the counter-offer is accepted (iv). The sequence i, ii, iii, iv corresponds to option (e).

Correct answer: C

Under HPURCA, 1987, a 'non-residential building' is one used mainly for business/trade. Where a building is let out separately for residential and non-residential purposes to more than one person, the portion let out for residence is a residential building, not a non-residential one; hence option (c) is NOT a non-residential building.

Correct answer: A

Matching under HPURCA: Conversion of residential into non-residential building-Sec.14(3) (i); Bona fide requirement-Sec.14 (here mapped to Sec.12); Right to recover immediate possession to certain (specified) persons-Sec.15; Receipt for fair rent-Sec.20. The intended ordered match corresponds to option (a).

Correct answer: B

A 'specified landlord' under HPURCA is one holding/who held an appointment in public service or a post under the Union/State (entitled to recover immediate possession on retirement). A person merely entitled to receive rent on his own account (option b) is the general definition of 'landlord', not a 'specified landlord'.

Correct answer: B

Under the proviso to Section 7 of HPURCA, any agreement for payment of any sum in addition to, or any rent in excess of, the fair rent shall be null and void.

Correct answer: B

Under HPURCA the Controller, for the purpose of recovery of any fine imposed, may exercise the powers of a Magistrate (recovery of fine being the specified purpose). Hence option (b).

Correct answer: A

Statement (i) is correct: HPURCA does not apply to buildings/rented land owned by the Government. Statements (ii) and (iii) misstate the fair-rent and revision provisions, so only (i) is correct, corresponding to option (a).

Correct answer: D

The deposit application by the tenant under Section 21 of HPURCA must contain the description of the premises, the period of deposit, and the name/address of the tenant and of the landlord. The question asks what it shall NOT be accompanied by; option (d) ('name and address of the landlord or persons claiming to be entitled') is the odd/incorrect particular as framed.

Correct answer: E

Under Section 21 of HPURCA, a deposit of rent is validly made only if made within the time referred to in Section 20 for payment (the deposit being within the prescribed period). Statement I states this requirement, so 'Only I' (option e) is correct.

Correct answer: A

Under HPURCA an appeal against the Controller's order lies within 15 days (i), with power to condone delay for recorded reasons (ii), and in computing the 15 days the time for obtaining a certified copy is excluded (iii). All three statements are correct, corresponding to the 'all of the above' option, here option (a).

Correct answer: D

Under HPURCA, an increase in fair rent IS admissible in cases of alteration, improvement or addition to the building. Therefore there is no case among (a)-(c) where increase is not admissible, so the answer is 'None of the above' (option d).

Correct answer: C

In K. Veeraswami v. Union of India (1991) 3 SCC 655, the Supreme Court held that before registering an FIR/criminal case against a sitting Judge of the High Court or Supreme Court, prior consultation with/permission of the Chief Justice of India is required.

Correct answer: C

Section 27 of the POCSO Act, 2012 requires the medical examination of a child victim to be conducted in accordance with Section 164A of the Code of Criminal Procedure, 1973.

Correct answer: C

Under the Protection of Women from Domestic Violence Act, 2005, 'shared household' is defined in Section 2(s).

Correct answer: A

Delhi Domestic Working Women's Forum v. Union of India (1995) 1 SCC 14 dealt with rape (guidelines for assisting rape victims) and was decided by a bench of Justices S. Mohan, M.N. Venkatachaliah and S.B. Majmudar.

Correct answer: A

Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 deals with bail to a person who is apparently a child alleged to be in conflict with law.

Correct answer: A

Offences under Sections 326A and 326B IPC (voluntarily causing grievous hurt/attempt by acid) are triable by the Court of Session as per the First Schedule of the CrPC.

Correct answer: C

Voyeurism is defined and punished under Section 354C of the Indian Penal Code, 1860 (inserted by the Criminal Law Amendment Act, 2013).

Correct answer: B

Gender roles are culturally constructed rather than biologically determined; the cultural conception of gender divides human qualities into masculinity and femininity. Both (A) and (R) are true and (R) correctly explains (A).

Correct answer: C

In Nipun Saxena v. Union of India (2018), the Supreme Court directed NALSA to set up a committee to frame Model Rules/Scheme for compensation to victims of rape and acid attack.

Correct answer: A

In Attorney General for India v. Satish (2021), the Supreme Court set aside the Bombay HC 'skin-to-skin' ruling, holding that 'physical contact'/'touch' under Section 7 POCSO cannot be restricted to skin-to-skin contact; sexual intent is the key ingredient.

Correct answer: C

Under the proviso (clause b) to Section 142 of the Negotiable Instruments Act, 1881, a complaint for an offence under Section 138 must be filed within one month of the date on which the cause of action arises under clause (c) of the proviso to Section 138.

Correct answer: B

In Tilak (Trilok) Bahadur Rai v. State of Arunachal Pradesh, 1979 Cr.L.J. 1404 (Gauhati HC), killing a charging tiger in self-defence was held justified; the principle that such an animal killed/wounded becomes government property (no claim by the killer) is attributed to this case.

Correct answer: A

Match-the-following with no clear answer-code option (OCR). Correct mapping per the Act: obtain information = s.12; cancel/suspend licenses = s.29; cancel any other license and recover fee = s.30; collector take grants/resell = s.72 (i-c, ii-d, iii-a, iv-b). Best guess option (a).

Correct answer: A

Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945, was pronounced by a Constitution Bench led by CJI Y.V. Chandrachud, who authored the judgment.

Correct answer: B

Section 14 of the POCSO Act, 2012 provides punishment for using a child for pornographic purposes (Section 13 defines the offence).

Correct answer: B

In Suresh Kumar Koushal v. Naz Foundation (2014) 1 SCC 1, the Supreme Court set aside the Delhi High Court judgment in Naz Foundation that had decriminalised Section 377 IPC.

Correct answer: A

In Richpal Kharra v. State (2015, Rajasthan HC), it was held that the DNA test/medical examination of an accused of rape under Section 53A CrPC is mandatory in nature ('Richal Kharra' is an OCR variant of Richpal Kharra).

Correct answer: A

Match-the-following with garbled/missing answer codes (OCR). Of the given pairs: Act in good faith for benefit without consent = s.92 (a); Abetment of mutiny if committed = s.132 (c); item (i) 'act done by person bound by law' is actually s.76, not among the listed codes, and s.268 (public nuisance) is a distractor. Best guess option (a).

Correct answer: D

Section 26 of the HP Excise Act, 2011 (employment of a person below 18 in a liquor vend/bar etc.) is punishable with imprisonment up to three months and fine up to fifty thousand rupees, or with both.

Correct answer: A

India ratified CEDAW on 9 July 1993; none of the options matches exactly. Among the offered dates the intended 1993 ratification answer is (a) 25th June 1993 (a date commonly reproduced in exam keys/secondary sources); flagged because the authoritative date is 9 July 1993.

Correct answer: A

In Shambhu (Sambhu) Das v. State of Assam, AIR 2010 SC 3300, the Supreme Court held that an FIR under Section 154 CrPC is not a substantive piece of evidence and its only use is to contradict or corroborate its maker.

Correct answer: C

Section 44 of the Wild Life (Protection) Act, 1972 prohibits dealings in trophy and animal articles etc. without a licence.

Correct answer: E

Correct matching: Information in cognizable cases = s.154 CrPC; Examination of witnesses by police = s.161 CrPC; Medical examination of victim of rape = s.164A CrPC; Report on completion of investigation = s.173 CrPC, i.e. i-c, ii-a, iii-d, iv-b (option e).

Correct answer: B

Under Section 143 of the Negotiable Instruments Act, 1881, on summary conviction the Magistrate may pass a sentence of imprisonment for a term not exceeding one year and a fine exceeding five thousand rupees.

Correct answer: D

Section 195A CrPC gives a witness (or other person) a right to file a complaint in relation to an offence under Section 195A of the Indian Penal Code (threatening any person to give false evidence).

Correct answer: D

Section 8 of the HP Excise Act, 2011 empowers an Excise Officer to enter/inspect, examine accounts and seize false records, but does NOT confer any power to 'punish' — punishment is a judicial function. Hence (d) is not a power conferred.

Correct answer: D

Reported 2022 'Krishan Kumar v. State of Haryana' matters before the SC were SLP/sentence-suspension orders, not a single celebrated ruling, so the exam's framing is ambiguous; the 'All the above' option is the safest pick for a case described as touching multiple sentencing themes (victim rights/bail/probation). Flagged: case identity not cleanly verifiable.

Correct answer: A

On the victim's death ownership of the ornaments vests in the legal heirs; removing them from the corpse without consent is dishonest taking of movable property out of another's possession — theft (S.378 IPC). It is the classic textbook illustration.

Correct answer: A

Under the POCSO Act/Rules the Special Court can direct interim/medical compensation, and Rule 9 permits relief even before final disposal and not contingent on FIR registration; so (i) is true but (ii) ('only after FIR') is false. Only (i) is correct.

Correct answer: C

'Court' for S.340 read with S.195(3) CrPC includes Civil, Revenue AND Criminal courts, so the true answer is all three; the option set lacks an 'all of i, ii, iii' choice (OCR/options incomplete). Among available choices the criminal court is most squarely covered. Flagged: defective options.

Correct answer: C

Section 357-B CrPC (inserted by the Criminal Law (Amendment) Act, 2013) provides that compensation payable under S.357-A shall be IN ADDITION to fine paid to the victim under S.326-A or S.376-D IPC.

Correct answer: D

Section 8 of the Indian Forest Act, 1927 gives the Forest Settlement Officer BOTH the power to enter, survey, demarcate and map the land AND the powers of a Civil Court in the trial of suits.

Correct answer: B

Section 44 CrPC, 1973 empowers a Magistrate (Executive or Judicial) to arrest, or order the arrest of, an offender for an offence committed in his presence within his local jurisdiction.

Correct answer: B

Under the de facto doctrine (Gokaraju Rangaraju v. State of A.P., (1981) 3 SCC 132), judgments rendered by a judge whose appointment is later quashed remain valid; the conviction is NOT void.

Correct answer: B

The Indian Forest Act, 1927 classifies forests into THREE categories — Reserved Forests, Protected Forests and Village Forests.

Correct answer: B

Once an FIR is registered for an occurrence, a fresh/second FIR for the same occurrence is barred (T.T. Antony v. State of Kerala). Further material implicating the doctor-couple is part of the same investigation; only a report (under S.173) is filed, no new FIR.

Correct answer: C

The offence under Section 138 of the Negotiable Instruments Act, 1881 is Non-cognizable and Bailable (and compoundable under S.147).

Correct answer: A

Section 359 CrPC, 1973 empowers the court to order payment of costs in non-cognizable cases on conviction of the accused.

Correct answer: B

Section 218 CrPC enacts the basic rule that for every distinct offence there shall be a separate charge and a separate trial; theft and grievous hurt on different occasions must be separately charged and separately tried.

Correct answer: B

R v. Dudley & Stephens deals with the defence of necessity (S.81 IPC), not insanity. Ashiruddin Ahmed, Dayabhai Chhaganbhai Thakkar and State of M.P. v. Ahmadullah are all Section 84 (unsoundness of mind) cases.

Correct answer: C

The Criminal Law (Amendment) Act, 2013 added 'an act of throwing or administering acid / attempt thereto' (Seventhly) to Section 100 IPC, so the right of private defence of body extends to causing death in an acid attack. Stalking and voyeurism are not in the S.100 list.

Correct answer: B

India acceded to / ratified the UN Convention on the Rights of the Child on 11 December 1992.

Correct answer: B

Section 228A IPC (disclosure of identity of victims of sexual offences) was inserted by the Criminal Law (Amendment) Act, 1983.

Correct answer: A

Cesare Lombroso, the 'father of criminology', propounded the first biological theory of crime causation (born criminal / atavism) in the 19th century.

Correct answer: C

The Negotiable Instruments (Amendment) Ordinance, 2015 (carried into Act 26 of 2015) inserted Section 142A (validation of transfer of pending cases) and amended S.142; 138A and 139A were not introduced, so only 142A is correct.

Correct answer: D

Under the POCSO Rules, compensation to the child victim is determined by the Special Court (Rule 9), and the Child Welfare Committee assists, in coordination with the Legal Services Authority — hence Special Court and CWC.

Correct answer: E

Both (ii) ('own body only, not body of another' — wrong, S.97 covers defence of others) and (iii) (death allowed against an act that is itself no offence — wrong) are actually incorrect, but the option set only offers 'Only III is incorrect'. Flagged: OCR-mangled options; (e) is the closest available answer.

Correct answer: B

Article 5 of CEDAW contains the obligation to modify social/cultural patterns and eliminate prejudices and stereotyped roles, i.e. harmful stereotypes and wrongful stereotyping.

Correct answer: C

The Criminal Law (Amendment) Act, 2013 incorporated MOST (not all) of the Justice J.S. Verma Committee recommendations; several proposals (e.g. on marital rape, AFSPA) were not adopted.

Correct answer: B

Chapter V of the HP Excise Act, 2011 ('Duties of Excise and Countervailing Duties', S.36 onward) deals with excise duty and countervailing duty.