Jharkhand Judiciary Mock Test 3 — Questions & Solutions
Every question from this prelims mock with the correct answer and a detailed, source-backed solution. Free to read. Want the real exam feel — a timer, instant scoring, and a subject-wise weakness report? Take it as a test.
100
Questions
7
Subjects
+ solutions
Every question
Take this as a timed mock test — instant score + subject-wise analytics. First mock free, then ₹999/year for unlimited.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an order for monthly maintenance in favour of a wife, child or parents unable to maintain themselves is passed by a Judicial Magistrate of the first class under
aSection 144
bSection 164
cSection 133
dSection 125
Answer: A
Section 144 BNSS replaces Section 125 CrPC and empowers a Judicial Magistrate of the first class to order maintenance to a wife, children or parents who are unable to maintain themselves. (Section 144 CrPC dealt with urgent nuisance—now Section 163 BNSS.)
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the total period during which a person may be detained (entitling him to default bail thereafter) where the investigation relates to an offence punishable with imprisonment for a term of less than ten years is
a90 days
b60 days
c15 days
d24 hours
Answer: B
Section 187 BNSS (corresponding to Section 167 CrPC) retains the 90-day limit for offences punishable with death, life imprisonment or imprisonment of ten years or more, and 60 days for all other offences, after which the accused is entitled to default bail.
A statement made by a witness to a police officer in the course of investigation under the Bharatiya Nagarik Suraksha Sanhita, 2023 is recorded under which section, and such a statement may be used only to
aSection 180; convict the accused independently
bSection 183; prove the truth of its contents
cSection 180; contradict the maker as a witness
dSection 161; corroborate the maker
Answer: C
Section 180 BNSS corresponds to Section 161 CrPC; such a statement is not signed and can be used only to contradict the witness in the manner provided by the law of evidence, not to corroborate or as substantive proof.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a confession or statement made in the course of investigation may be recorded by a Magistrate (including by audio-video electronic means) under
aSection 187
bSection 164
cSection 183
dSection 180
Answer: C
Section 183 BNSS corresponds to Section 164 CrPC and permits any Magistrate of the district to record a confession or statement during investigation, with an express provision for recording by audio-video electronic means.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a proclamation requiring a person against whom a warrant has been issued, and who is absconding or concealing himself, to appear is issued under
aSection 84
bSection 85
cSection 90
dSection 82
Answer: A
Section 84 BNSS corresponds to Section 82 CrPC and provides for issuing a proclamation against a person absconding to evade execution of a warrant; non-compliance can attract trial in absentia under Section 356 BNSS.
Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023 introduces trial in absentia of a proclaimed offender who has absconded to evade trial. The court may commence such trial after the expiry of
a90 days from the date of framing of charge
bsix months from the date of the proclamation
c30 days from issue of the proclamation
d60 days from filing of charge-sheet
Answer: A
Section 356 BNSS is a wholly new provision (with no CrPC equivalent) permitting trial in absentia of an absconding proclaimed offender, which may be commenced ninety days after the framing of charge where there is no immediate prospect of arrest.
Under Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case instituted on a police report, the Magistrate must furnish to the accused (free of cost) a copy of the police report and other documents within a period of
afourteen days from the date of production or appearance of the accused
bthirty days from the date of cognizance
csixty days from the date of arrest
dseven days from the date of the charge-sheet
Answer: A
Section 230 BNSS (corresponding to Section 207 CrPC) now imposes a definite timeline: the Magistrate shall, without delay and in no case beyond fourteen days from the production or appearance of the accused, supply copies of the police report and connected documents.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the visit of a forensic expert to the scene of crime to collect forensic evidence (with videography of the process) is made mandatory for offences punishable with imprisonment for a term of
aseven years or more
bten years or more
cthree years or more
dfive years or more
Answer: A
Section 176(3) BNSS introduces a new requirement that for an offence punishable with imprisonment for seven years or more, a forensic expert shall visit the crime scene to collect evidence and videograph the process, subject to State notification within five years.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the recording of the process of search and seizure through audio-video electronic means (preferably mobile phone) by the police officer conducting the search is provided under
aSection 100
bSection 165
cSection 103
dSection 105
Answer: D
Section 105 BNSS is a new mandate requiring that search and seizure, and preparation of the list of seized items, be recorded through audio-video electronic means and forwarded to the concerned authority.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under sentence of death (or his legal heir or relative) may file a mercy petition before the President or the Governor under Section 472, within a period of how many days from the date the jail Superintendent informs him of the confirmation/dismissal of appeal?
aWithin ninety days
bWithin seven days
cWithin thirty days
dWithin sixty days
Answer: C
Section 472 BNSS is a new provision codifying the mercy-petition procedure: the petition may be filed within thirty days of the jail Superintendent's intimation, and the decision of the President under Article 72 is final and not justiciable.
Under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the police officer is required to inform the informant or the victim about the progress of investigation, including by electronic communication, within a period of
athirty days
bninety days
csixty days
dfifteen days
Answer: B
Section 193(3) BNSS (the police-report provision, corresponding to Section 173 CrPC) introduces a new right requiring the investigating officer to keep the informant or victim informed of the progress of investigation within ninety days.
Information relating to a cognizable offence punishable with three years or more but less than seven years is received at a police station. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the officer in charge may, with prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry to ascertain whether a prima facie case exists. Within what maximum period must such preliminary enquiry be completed?
aTwenty-one days
bFourteen days
cSeven days
dThirty days
Answer: B
Section 173(3) of the BNSS, 2023 permits the officer in charge, with prior permission of an officer not below the rank of Deputy Superintendent of Police, to conduct a preliminary enquiry within fourteen days for offences punishable with three years or more but less than seven years.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where investigation is not completed and the accused is detained, the maximum period of detention beyond which the accused becomes entitled to be released on bail (default bail) for an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years is
aSixty days
bNinety days
cOne hundred eighty days
dOne hundred twenty days
Answer: B
Section 187(3) BNSS prescribes ninety days as the maximum detention period for offences punishable with death, life imprisonment, or imprisonment for not less than ten years; for any other offence the period is sixty days, on expiry of which the accused acquires an indefeasible right to default bail.
An undertrial prisoner who is a first-time offender (not previously convicted of any offence) has been detained during investigation, inquiry or trial. Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, such a person shall be released on bond by the Court on having undergone detention up to what fraction of the maximum period of imprisonment specified for that offence?
aTwo-thirds of the maximum period
bOne-third of the maximum period
cOne-fourth of the maximum period
dOne-half of the maximum period
Answer: B
The first proviso to Section 479(1) BNSS provides that a first-time offender who has never been convicted shall be released on bond after undergoing detention up to one-third of the maximum period of imprisonment for the offence, as against one-half for other undertrials.
Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no person who is infirm or above the age of sixty years, accused of an offence punishable with imprisonment for a term of less than three years, shall be arrested except with the prior permission of an officer not below the rank of
aDeputy Superintendent of Police
bSuperintendent of Police
cStation House Officer
dSub-Inspector of Police
Answer: A
Section 35(7) BNSS bars arrest of a person who is infirm or above sixty years, accused of an offence punishable with imprisonment for less than three years, except with prior permission of an officer not below the rank of Deputy Superintendent of Police.
The Bharatiya Nagarik Suraksha Sanhita, 2023 introduced a provision permitting inquiry, trial or judgment in absentia of a proclaimed offender who has absconded to evade trial and where there is no immediate prospect of arresting him. This provision is contained in
aSection 84 BNSS
bSection 299 BNSS
cSection 339 BNSS
dSection 356 BNSS
Answer: D
Section 356 BNSS is a new provision enabling inquiry, trial or judgment in absentia of a proclaimed offender; the Court records reasons in writing and proceeds as if the accused were present, with trial commencing not earlier than ninety days from framing of charge.
In a suit of a nature cognizable by Courts of Small Causes where the value of the subject-matter of the original suit does not exceed ten thousand rupees, an appeal from the decree under Section 96(4) shall lie
aon a question of fact only
bon both questions of law and fact
con a question of law only
din no case whatsoever
Answer: C
Section 96(4) bars an appeal except on a question of law from a decree in a small-cause-nature suit where the value does not exceed ten thousand rupees.
In execution of a decree, other than a decree for maintenance, against A, a government servant drawing a salary of Rs 6,000 per month, what portion of his salary is attachable under Section 60?
aRs 3,000
bRs 1,667
cRs 5,000
dRs 2,000
Answer: B
Under Section 60(1)(i), the first one thousand rupees and two-thirds of the remainder are exempt; thus only one-third of (6,000 - 1,000) = Rs 1,667 is attachable.
Where the High Court, hearing a second appeal under Section 100, is satisfied that a substantial question of law is involved in the case, it
ashall formulate that question and the appeal shall be heard on the question so formulated
bmay decide the appeal on questions of fact as well
cmay dismiss the appeal without recording any reason
dshall remand the matter to the first appellate court
Answer: A
Section 100(4) and (5) require the High Court to formulate the substantial question of law where it is satisfied one exists, and the second appeal is heard only on the question(s) so formulated.
On an interpleader suit being instituted, B holds property which both A and C claim adversely to each other but to which B claims no interest except charges or costs. The correct course is that
ano suit lies as B has no interest in the property
bB must elect to deliver the property to A as the first claimant
cB may institute the suit against A and C both to have the rival claims adjudicated
dB alone is entitled to retain the property
Answer: C
Under Section 88 read with Order XXXV, an interpleader suit lies where two or more persons claim adversely the same property from a person who claims no interest in it, so B may sue both A and C.
On the variation or reversal of a decree in appeal, the court of first instance is empowered to place the parties in the position they would have occupied but for the decree by way of restitution. This power is contained in
aSection 144 CPC
bSection 151 CPC
cSection 47 CPC
dSection 141 CPC
Answer: A
Section 144 CPC embodies the doctrine of restitution, empowering the court which passed the decree to restore the parties on its reversal or variation.
A grant of temporary injunction restraining the defendant from alienating the suit property pending the suit is governed by
aOrder XXXIX, Rules 1 and 2
bOrder XXXVII, Rule 2
cOrder XL, Rule 1
dOrder XXXVIII, Rules 5 and 6
Answer: A
Order XXXIX, Rules 1 and 2 empower the court to grant a temporary injunction, including to restrain alienation or waste of property in dispute pending the suit.
The maximum period of 90 days for filing a written statement under Order VIII, Rule 1 (in non-commercial suits) was held to be directory and not mandatory by the Supreme Court in
aDaryao v. State of Uttar Pradesh
bDhulabhai v. State of Madhya Pradesh
cHira Lal Patni v. Kali Nath
dSalem Advocate Bar Association, T.N. v. Union of India
Answer: D
In Salem Advocate Bar Association, T.N. v. Union of India, AIR 2005 SC 3353, the Supreme Court held that the 90-day limit in Order VIII Rule 1 is directory, and courts retain power to extend time in exceptional cases.
The summary procedure for suits upon bills of exchange, hundis and promissory notes, in which the defendant must obtain leave of the court to defend, is laid down in
aOrder XXXIII CPC
bOrder XXXVII CPC
cOrder XXXIV CPC
dOrder XXXV CPC
Answer: B
Order XXXVII CPC provides the summary procedure under which suits on negotiable instruments and certain debts are tried, requiring the defendant to seek leave to defend.
Under Order XXI, Rule 89 of the CPC, a person seeking to set aside a sale of immovable property in execution of a decree must deposit in court, for payment to the auction-purchaser, a sum equal to
atwenty-five per cent of the purchase-money
bten per cent of the purchase-money
cfive per cent of the purchase-money
dthe whole of the purchase-money
Answer: C
Order XXI, Rule 89(1)(a) CPC requires the applicant to deposit, for payment to the purchaser, five per cent of the purchase-money, in addition to depositing the amount specified in the sale proclamation for the decree-holder under clause (b).
A caveat lodged under Section 148A of the CPC shall not, unless an application referred to in sub-section (1) has been made before its expiry, remain in force after
aone hundred eighty days from the date on which it was lodged
bthirty days from the date on which it was lodged
csixty days from the date on which it was lodged
dninety days from the date on which it was lodged
Answer: D
Section 148A(5) CPC provides that a caveat ceases to be in force after the expiry of ninety days from the date on which it was lodged, unless the anticipated application has already been made within that period.
Under the Code of Civil Procedure, 1908, the doctrine of res judicata is embodied in
aSection 12
bSection 13
cSection 11
dSection 10
Answer: C
Section 11 enacts res judicata, barring a court from trying any issue directly and substantially in issue in a former suit between the same parties that has been finally decided by a competent court. Section 10 deals with res sub judice (stay of suit).
Where a decree is varied or reversed in appeal, the court which passed the decree shall, on application of the party entitled, cause restitution to be made. This power is conferred by
aSection 141
bSection 144
cSection 142
dSection 151
Answer: B
Section 144 provides for restitution, placing the parties in the position they would have occupied but for the decree that has been varied, reversed, set aside or modified. It is not the inherent power under Section 151.
A second appeal to the High Court under Section 100 of the Code of Civil Procedure, 1908 lies only where the case involves
aa question of fact wrongly decided
bany question of law or fact
ca substantial question of law
dan error apparent on the face of the record
Answer: C
After the 1976 amendment, Section 100 permits a second appeal to the High Court only if the case involves a substantial question of law, which the court must formulate. A second appeal does not lie on questions of fact.
The summary procedure for suits upon bills of exchange, hundies and promissory notes is contained in
aOrder 38
bOrder 37
cOrder 39
dOrder 36
Answer: B
Order 37 of the Code prescribes the summary procedure applicable to suits on negotiable instruments and certain other liquidated demands, where the defendant must obtain leave to defend.
Temporary injunctions and interlocutory orders are dealt with under the First Schedule of the Code of Civil Procedure, 1908 in
aOrder 40
bOrder 41
cOrder 38
dOrder 39
Answer: D
Order 39 governs temporary injunctions and interlocutory orders. Order 38 deals with arrest and attachment before judgment, and Order 40 with appointment of receivers.
No suit shall be instituted against the Government in respect of any act purporting to be done by a public officer in his official capacity until the expiration of how many months after notice in writing has been delivered?
aOne month
bTwo months
cSix months
dThree months
Answer: B
Section 80 requires a notice of two months to be served before instituting a suit against the Government or a public officer in respect of an act done in official capacity, stating the cause of action and relief claimed.
Under the Bharatiya Nyaya Sanhita, 2023, when a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if the act were done by him alone. This principle of joint liability is contained in
aSection 3(5)
bSection 190
cSection 61
dSection 2(8)
Answer: A
The rule of common intention, formerly Section 34 IPC, is now placed in Section 3(5) BNS among the general explanations, retaining the requirement of a prior meeting of minds.
Under the Bharatiya Nyaya Sanhita, 2023, where a murder is committed by a group of five or more persons acting in concert on the ground of race, caste, community, sex, place of birth, language or personal belief (commonly called mob lynching), each member shall be punished. This is provided in
aSection 101
bSection 103(2)
cSection 111
dSection 117
Answer: B
Section 103(2) BNS specifically punishes 'mob lynching' — murder by a group of five or more acting in concert on enumerated grounds — with death or life imprisonment and fine. Section 103(1) deals with the general punishment for murder.
Under the Bharatiya Nyaya Sanhita, 2023, 'organised crime' as a continuing unlawful activity carried on by a syndicate (including kidnapping, extortion, land-grabbing, contract killing, economic offences and cyber-crime) has been introduced as a distinct offence under
aSection 112
bSection 110
cSection 109
dSection 111
Answer: D
Section 111 BNS newly defines and punishes organised crime committed by a syndicate; Section 112 separately covers petty organised crime.
X is suddenly assaulted by Y who is attempting to commit rape upon her. X stabs Y, causing his death. Under the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body extends to voluntarily causing death in such a case under
aSection 37
bSection 34
cSection 38
dSection 44
Answer: C
Section 38 BNS lists the descriptions of assault — including an assault with the intention of committing rape — in which the right of private defence of the body extends to causing death, subject to the restrictions in Section 37.
A takes a fifteen-year-old girl out of the keeping of her father without his consent. The girl willingly accompanies A. Under the Bharatiya Nyaya Sanhita, 2023, on the charge of kidnapping from lawful guardianship the consent of the minor is
aa complete defence to A
bmaterial only if A believed her to be a major
cmaterial only if the minor is above twelve years
dwholly immaterial
Answer: D
Under Section 137 BNS kidnapping from lawful guardianship is taking a child under eighteen out of the keeping of the lawful guardian without the guardian's consent; the consent of the minor is wholly immaterial as the offence is against the guardian's right.
Under the Bharatiya Nyaya Sanhita, 2023, the offence formerly known as sedition has been replaced by 'acts endangering sovereignty, unity and integrity of India' — exciting secession, armed rebellion or subversive activities. This offence is now contained in
aSection 147
bSection 152
cSection 124A
dSection 150
Answer: B
Section 152 BNS punishes acts endangering the sovereignty, unity and integrity of India, replacing the old offence of sedition; bona fide criticism of government measures by lawful means is expressly excepted.
A is entrusted by B with money to be paid to C, but A dishonestly converts it to his own use. Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal breach of trust — with the simple punishment raised to imprisonment up to five years — is defined and punished under
aSection 318
bSection 314
cSection 316
dSection 406
Answer: C
Section 316 BNS consolidates criminal breach of trust (formerly IPC Sections 405–409), and the punishment for the basic offence has been increased from three to five years. Cheating is separately dealt with under Section 318.
Under the Bharatiya Nyaya Sanhita, 2023, when culpable homicide does not amount to murder, the punishment is prescribed under
aSection 103
bSection 100
cSection 101
dSection 105
Answer: D
Section 100 BNS defines culpable homicide and Section 101 defines murder; the punishment for culpable homicide not amounting to murder is provided in Section 105 BNS, while Section 103 gives the punishment for murder.
Under the Bharatiya Nyaya Sanhita, 2023, 'snatching' has been introduced as a distinct offence. The maximum term of imprisonment prescribed for committing snatching under Section 304 BNS is
afive years
btwo years
cseven years
dthree years
Answer: D
Section 304(2) BNS provides that whoever commits snatching shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; snatching is a newly created stand-alone offence (theft being snatching when the offender suddenly, quickly or forcibly seizes movable property).
A, a surgeon, in good faith communicates to his patient his opinion that the patient cannot live. The patient dies in consequence of the shock. Under the Bharatiya Nyaya Sanhita, 2023, A is protected by which general exception?
aAct done in good faith for benefit of a person without consent (Section 27)
bAct of a person of unsound mind (Section 22)
cCommunication made in good faith (Section 31)
dAct not intended to cause death, done by consent in good faith for the person's benefit (Section 26)
Answer: C
Section 31 BNS exempts any communication made in good faith from being an offence by reason of harm to the person to whom it is made, where made for that person's benefit; the surgeon's honest prognosis causing fatal shock is the very illustration appended to this section.
Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine. This punishment is now contained in which provision of the Bharatiya Nyaya Sanhita, 2023?
aSection 101
bSection 103(1)
cSection 105
dSection 302
Answer: B
Section 103(1) BNS prescribes death or imprisonment for life and fine for murder, replacing Section 302 IPC. Section 105 deals with culpable homicide not amounting to murder.
A new sub-section in the murder provision of the Bharatiya Nyaya Sanhita, 2023 specifically penalises 'mob lynching' — murder by a group of five or more persons acting in concert on the ground of race, caste, community, sex, place of birth, language or personal belief. This is found in:
aSection 105(2)
bSection 111(2)
cSection 103(2)
dSection 101(2)
Answer: C
Section 103(2) BNS introduces group-based murder/mob lynching: each member is liable to death or imprisonment for life or rigorous imprisonment of not less than seven years, and fine. There was no such express provision in the IPC.
Under the Bharatiya Nyaya Sanhita, 2023, when several persons do a criminal act in furtherance of the common intention of all, each is liable as if the act were done by him alone. This rule of joint liability is contained in:
aSection 61
bSection 34
cSection 3(5)
dSection 190
Answer: C
Section 3(5) BNS embodies the principle of acts done by several persons in furtherance of common intention, corresponding to Section 34 IPC. Section 190 deals with common object of an unlawful assembly.
A is suddenly attacked with a weapon that reasonably causes apprehension that death will otherwise be the consequence. The provision of the Bharatiya Nyaya Sanhita, 2023 under which the right of private defence of the body may, in such case, extend to voluntarily causing death of the assailant is:
aSection 38
bSection 100
cSection 35
dSection 96
Answer: A
Section 38 BNS enumerates the situations (including apprehension of death, grievous hurt, rape, acid attack, kidnapping etc.) in which the right of private defence of the body extends to causing death, corresponding to Section 100 IPC.
'When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence', he is said to make a proposal. This definition is contained in
aSection 2(e)
bSection 2(b)
cSection 2(d)
dSection 2(a)
Answer: D
Section 2(a) defines 'proposal'. By contrast, Section 2(b) deals with acceptance and promise, Section 2(d) with consideration, and Section 2(e) with agreement.
A agrees with B to pay Rs. 50,000 if B procures, by his official influence as a public servant, a government contract for A. The agreement is
avalid as a contingent contract
bvoid because the consideration is unlawful
cvalid but unenforceable for uncertainty
dvoidable at the option of A
Answer: B
Under Section 23, a consideration or object is unlawful if it is opposed to public policy; an agreement to procure a benefit by improper use of official influence is opposed to public policy, and under Section 23 every agreement of which the consideration is unlawful is void.
Which one of the following is NOT an essential element of a valid consideration under Section 2(d) of the Indian Contract Act, 1872?
aIt must move at the desire of the promisor
bIt must be adequate to the promise
cIt may consist of an act, abstinence or promise
dIt may move from the promisee or any other person
Answer: B
Section 2(d) requires that consideration move at the desire of the promisor, may proceed from the promisee or any other person, and may be a past, present or future act, abstinence or promise. The law does not require consideration to be adequate (see Explanation 2 to Section 25); adequacy is immaterial.
A delivers his watch to B, a watch-repairer, for repair. Here the relationship between A and B is best described as one of
apledge, A being the pawnor
bagency, B being the agent of A
cbailment, A being the bailor and B the bailee
dguarantee, B being the surety
Answer: C
Under Section 148, the delivery of goods by one person to another for a purpose, upon a contract that they shall be returned or disposed of according to the directions of the person delivering them, is a bailment; the deliverer (A) is the bailor and the recipient (B) is the bailee.
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is, under the Indian Contract Act, 1872, a contract of
aindemnity
bpledge
cbailment
dguarantee
Answer: A
Section 124 defines a 'contract of indemnity' as a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person. A contract of guarantee under Section 126 involves three parties and a collateral promise to answer for another's default.
Under Section 27 of the Indian Contract Act, 1872, every agreement in restraint of trade is void. Which of the following is a statutory exception expressly saved by Section 27?
aAn agreement by an employee not to compete with the employer after termination of service
bAn agreement by a manufacturer with a dealer for sole selling rights
cAn agreement among traders to fix uniform selling prices in a locality
dAn agreement by one who sells the goodwill of a business to refrain from carrying on a similar business within specified local limits, the limits appearing reasonable to the court
Answer: D
Exception 1 to Section 27 saves an agreement by the seller of the goodwill of a business to refrain from a similar business within reasonable local limits, so long as the buyer (or his successor) carries on a like business there.
A party at whose option a contract was voidable rescinds it. Under Section 64 of the Indian Contract Act, 1872, the consequence as regards any benefit already received by the party rescinding is that he—
ais under no obligation since the contract is at an end
bis liable only to pay damages, not to restore the benefit
cmust restore such benefit, so far as may be, to the person from whom it was received
dmay retain the benefit as compensation
Answer: C
Section 64 provides that the party rescinding a voidable contract must restore any benefit received under it, so far as may be, to the person from whom it was received; the other party is excused from his promises.
Section 230 of the Indian Contract Act, 1872 lays down that, absent a contrary contract, an agent can neither personally enforce nor be personally bound by contracts made on behalf of his principal. Which of the following is NOT a case in which a contract to the contrary is presumed?
aWhere the agent does not disclose the name of his principal
bWhere the principal, though disclosed, cannot be sued
cWhere the contract is made by an agent for the sale or purchase of goods for a merchant resident abroad
dWhere the agent acts gratuitously without remuneration
Answer: D
Section 230 presumes a contract that the agent is personally bound only in three cases: foreign principal, undisclosed principal, or a disclosed principal who cannot be sued. A gratuitous agency is not one of them.
Under the definition of a contract of indemnity in Section 124 of the Indian Contract Act, 1872, the promise to save the other party from loss must relate to loss caused—
aonly by natural events beyond human control
bby any event whatsoever, including accidents like fire or perils of the sea
conly by the conduct of a third person, never of the promisor
dby the conduct of the promisor himself or by the conduct of any other person
Answer: D
Section 124 defines a contract of indemnity narrowly as a promise to save the other from loss caused by the conduct of the promisor himself or of any other person; loss from natural events such as fire is excluded.
Where necessaries suited to his condition in life are supplied to a person incapable of contracting (such as a minor or lunatic), Section 68 of the Indian Contract Act, 1872 entitles the supplier to be reimbursed—
afrom the guardian personally in every case
bfrom the property of such incapable person
cto no reimbursement at all, the agreement being void
dpersonally from the incapable person
Answer: B
Section 68 creates a quasi-contractual liability: the supplier of necessaries to an incapable person (or to one whom he is bound to support) is reimbursed from the property of the incapable person, not from him personally.
The Explanation to Section 73 of the Indian Contract Act, 1872, dealing with compensation for loss caused by breach, provides that in estimating the loss or damage arising from a breach of contract—
aonly liquidated damages stipulated in the contract may be awarded
bthe court may award punitive damages to deter future breaches
cthe means which existed of remedying the inconvenience caused by the non-performance must be taken into account
dremote and indirect loss must always be included
Answer: C
The Explanation to Section 73 directs that, in estimating loss or damage from a breach, the means which existed of remedying the inconvenience caused by non-performance of the contract must be taken into account, reflecting the duty to mitigate.
A promises to give his son B Rs. 1,000 out of natural love and affection, puts the promise in writing and gets it registered. Although there is no consideration, the agreement is enforceable because of which provision?
aSection 10 — free consent of parties competent to contract
bSection 25(1) — natural love and affection between parties in near relation, expressed in writing and registered
cSection 25(3) — promise to pay a time-barred debt
dSection 25(2) — promise to compensate for a voluntary past act
Answer: B
Section 25(1) saves an agreement without consideration where it is in writing, registered, made on account of natural love and affection, and between parties standing in a near relation to each other.
Under Section 62 of the Indian Contract Act, 1872, A owes money to B under a contract. It is agreed between A, B and C that B shall thenceforth accept C as his debtor instead of A. The legal effect is that—
aA and C are jointly liable to B
bthe original contract continues and must still be performed by A
cthe old debt of A to B is at an end, and a new debt from C to B is contracted
dA remains liable as surety for C
Answer: C
This illustrates novation under Section 62: substitution of a new contract extinguishes the old one, so A's debt to B ends and a fresh debt from C to B comes into existence; the original contract need not be performed.
Section 30 of the Indian Contract Act, 1872 declares agreements by way of wager void. Which of the following is expressly NOT rendered unlawful by Section 30?
aA speculative agreement to pay differences in share prices without intention to deliver
bA bet on the outcome of a cricket match between friends
cA subscription or contribution of the value of five hundred rupees or upwards towards a prize to be awarded to the winner of a horse-race
dA subscription of any value towards a card game played for stakes
Answer: C
The exception to Section 30 saves a subscription or contribution of five hundred rupees or upwards towards any plate, prize or sum of money to be awarded to the winner of a horse-race; other wagers remain void.
In Lalman Shukla v. Gauri Dutt (1913), the servant who traced the missing boy was held not entitled to the announced reward principally because
ahe had no knowledge of the offer of reward at the time he performed the act
bthe consideration furnished by him was past consideration
ca servant cannot contract with his master
dthe reward had not been advertised in a newspaper
Answer: A
Knowledge of an offer is essential before there can be an acceptance; since Lalman traced the boy in discharge of his existing duty and without knowledge of the reward, no contract arose. Communication of a proposal is complete only when it comes to the knowledge of the person to whom it is made.
Which of the following Sections of the Indian Contract Act, 1872 declares every agreement by which any one is restrained from exercising a lawful profession, trade or business to that extent void?
aSection 27
bSection 26
cSection 30
dSection 28
Answer: A
Section 27 makes agreements in restraint of trade void to that extent, subject to the exception relating to sale of goodwill. Section 26 deals with restraint of marriage and Section 28 with restraint of legal proceedings.
Under Section 39(2) of the Bharatiya Sakshya Adhiniyam, 2023, where the court has to form an opinion on any matter relating to information stored in any computer resource or other electronic or digital form, the opinion of the Examiner of Electronic Evidence is a relevant fact. The Examiner of Electronic Evidence so referred to is the one notified under:
aSection 79A of the Information Technology Act, 2000
bSection 65B of the Information Technology Act, 2000
cSection 63 of the Bharatiya Sakshya Adhiniyam, 2023
dSection 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Answer: A
Section 39(2) BSA makes the opinion of the Examiner of Electronic Evidence 'referred to in section 79A of the Information Technology Act, 2000' a relevant fact, and the Explanation declares such Examiner to be an expert.
Section 24 of the Bharatiya Sakshya Adhiniyam, 2023 permits the court to take into consideration the confession of a co-accused tried jointly for the same offence. By virtue of an Explanation appended to this section, which of the following persons is also deemed to be jointly under trial for the purposes of this section?
aA juvenile whose case has been transferred to the Juvenile Justice Board
bA person who has been granted pardon and made an approver
cA person whose trial has been separated by an order of the court
dA person who has absconded or who has not complied with a proclamation issued under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Answer: D
The Explanation to Section 24 BSA expressly deems a trial held in the absence of an accused who has absconded or who has not complied with a proclamation issued under Section 84 BNSS, 2023 to be a joint trial, so that a co-accused's confession can be considered against such absconder.
A confession made by an accused person to a police officer is dealt with under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA). Such a confession
amay be proved if reduced to writing
bmay be proved with permission of the Magistrate
cshall not be proved as against the accused
dmay be proved if the accused is not in custody
Answer: C
Section 23(1) of the BSA provides that no confession made to a police officer shall be proved as against a person accused of any offence, irrespective of whether the accused was in custody or not.
An accused in police custody states that he has hidden the murder weapon in a particular well, and the weapon is recovered from that well in consequence of the information. Under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
aonly the confessional part of the statement is admissible
bno part of the statement is admissible as it was made in custody
cthe whole statement of the accused is admissible
dso much of the information as relates distinctly to the fact discovered may be proved
Answer: D
The proviso to Section 23(2) of the BSA permits proof of only so much of the information received from an accused in custody, whether or not it amounts to a confession, as relates distinctly to the fact thereby discovered.
Under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a statement as to the cause of death or the circumstances of the transaction resulting in death is relevant
aonly if the maker was under expectation of death when it was made
bwhether or not the maker was under expectation of death at the time it was made
conly in proceedings relating to that death
donly if recorded by a Magistrate
Answer: B
Section 26(a) of the BSA makes such statements relevant whether or not the person was under expectation of death when the statement was made, and in whatever proceeding the cause of death comes into question; unlike English law, the Indian dying declaration requires no expectation of death.
The principle that a statement of the deceased relating to the 'circumstances of the transaction which resulted in his death' is admissible as a dying declaration under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), even when it does not express any apprehension of death, was authoritatively laid down in
aBachan Singh v. State of Punjab
bAghnoo Nagesia v. State of Bihar
cPakala Narayana Swami v. Emperor
dK. M. Nanavati v. State of Maharashtra
Answer: C
In Pakala Narayana Swami v. Emperor, AIR 1939 PC 47, the Privy Council (per Lord Atkin) held that statements concerning the circumstances of the transaction resulting in death are admissible irrespective of any expectation of death; the principle is now carried forward in Section 26(a) of the BSA.
The 'five golden principles' (the 'panchsheel') governing conviction on circumstantial evidence under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) — including that the circumstances must be fully established and must exclude every hypothesis except the guilt of the accused — were enunciated by the Supreme Court in
aSharad Birdhichand Sarda v. State of Maharashtra
bState of U.P. v. Deoman Upadhyaya
cWoolmington v. Director of Public Prosecutions
dHanumant v. State of Madhya Pradesh
Answer: A
In Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116, the Supreme Court laid down the five golden principles ('panchsheel') for conviction resting on circumstantial evidence; these continue to apply under the BSA, whose Section 3 retains the foundational scheme of relevancy and proof.
Under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the opinion of a person specially skilled is a relevant fact when the Court has to form an opinion upon a point of
aforeign law, science, art, or identity of handwriting or finger impressions
bthe credibility of a witness
cthe contents of a public document
dIndian law
Answer: A
Section 39 of the BSA makes expert opinion relevant only on points of foreign law, science or art, or as to identity of handwriting or finger impressions; opinion on a point of Indian (domestic) law is not within its scope.
Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) lays down that oral evidence must, in all cases whatever, be
agiven on oath only
breduced to writing
ccorroborated
ddirect
Answer: D
Section 55 of the BSA embodies the rule against hearsay by requiring that oral evidence must in all cases be direct — that is, given by the person who saw, heard or perceived the fact, or who holds the opinion.
A registered sale deed, purporting to be thirty years old, is produced from custody which the Court considers proper. As regards the signature and execution of the document, the Court under Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
amay presume that it was duly executed and attested
bshall treat the execution as conclusively proved
cshall presume that it was duly executed and attested
dmust require formal proof by an attesting witness
Answer: A
Section 92 of the BSA provides that for a document thirty years old produced from proper custody, the Court 'may presume' (a discretionary, rebuttable presumption) that the signature is genuine and the document duly executed and attested.
A is accused of an offence and pleads that he was insane and incapable of knowing the nature of his act. Under Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the burden of proving the existence of circumstances bringing his case within the General Exceptions of the Bharatiya Nyaya Sanhita is
aon the accused, and the Court shall presume the absence of such circumstances
bon the accused only if he leads no other defence
con the prosecution
don neither party
Answer: A
Section 108 of the BSA places the burden of proving the existence of circumstances bringing the case within any General or special exception upon the accused, and directs the Court to presume the absence of such circumstances.
A child is born during the continuance of a valid marriage between his mother and a man. Under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this fact is conclusive proof of his legitimacy unless it is shown that
athe mother had relations with another man
bthe husband was impotent
ca DNA test excludes paternity
dthe parties to the marriage had no access to each other at any time when he could have been begotten
Answer: D
Section 116 of the BSA makes birth during a valid marriage conclusive proof of legitimacy; the only ground on which it can be displaced is proof of non-access, i.e. that the parties had no access to each other when the child could have been begotten.
Under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), regarding competency to testify
aa person of unsound mind can never be a competent witness
bonly persons above eighteen years are competent
ca child witness is always incompetent
dall persons are competent unless prevented from understanding the questions or giving rational answers
Answer: D
Section 124 of the BSA makes all persons competent to testify unless the Court considers that, by tender years, extreme old age, disease, or the like, they are prevented from understanding the questions or giving rational answers.
Under Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), an accomplice is a competent witness against the accused, and a conviction is
aillegal in all cases
billegal unless the accomplice is granted pardon
cnot illegal if it proceeds upon the corroborated testimony of an accomplice
dpermissible only in summons cases
Answer: C
Section 138 of the BSA declares an accomplice a competent witness and, departing from the repealed IEA s.133, enacts that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. The enacted BSA text uses 'corroborated' (not 'uncorroborated' as under old IEA s.133).
In a murder trial the prosecution seeks to prove that the accused, shortly before the killing, purchased a knife and was heard threatening the deceased. Such facts of preparation and motive are relevant under
aSection 9 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 6 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: C
Section 6 of the BSA makes relevant any fact which shows or constitutes a motive or preparation for any fact in issue or relevant fact, as well as previous or subsequent conduct connected with the proceeding.
Identify the correct passive voice of the sentence: The court dismissed the appeal.
aThe appeal dismissed by the court.
bThe appeal has been dismissed by the court.
cThe appeal is dismissed by the court.
dThe appeal was dismissed by the court.
Answer: D
The active sentence is in the simple past, so its passive form uses 'was/were + past participle': 'The appeal was dismissed by the court.'
Q82General English
A person who studies the formation and history of words is called a/an
aEpidemiologist
bEtymologist
cEntomologist
dEthnologist
Answer: B
An 'etymologist' studies the origin and history of words. An 'entomologist' studies insects, an 'ethnologist' studies human cultures, and an 'epidemiologist' studies diseases.
Q83General English
Fill in the blank with the correct preposition: The witness was accused ____ giving false evidence.
afrom
bof
cwith
dfor
Answer: B
The verb 'accuse' takes the preposition 'of' (accused of something), unlike 'charged with' or 'blamed for'.
Q84General English
Choose the word that is most nearly OPPOSITE in meaning to 'Acquit'.
aExonerate
bConvict
cDischarge
dAbsolve
Answer: B
To 'acquit' is to declare a person not guilty; its antonym is 'convict', meaning to find guilty. 'Discharge', 'absolve' and 'exonerate' are synonyms of acquit.
Q85General English
From the following words, the misspelt word is
aPrivilege
bEmbarass
cOccurrence
dLiaison
Answer: B
The correct spelling is 'Embarrass', with a double 'r' and a double 's'. The other three words are spelt correctly.
Q86General English
One who studies the origin and history of words is called a/an
aEntomologist
bOrnithologist
cEtymologist
dPhilatelist
Answer: C
An etymologist studies the origin and history of words (etymology). An entomologist studies insects, a philatelist collects stamps, and an ornithologist studies birds.
Q87General English
Identify the tense of the underlined verb: 'She had completed the assignment before the teacher arrived.'
aPast continuous tense
bPast simple tense
cPresent perfect tense
dPast perfect tense
Answer: D
'Had completed' (had + past participle) is the past perfect tense, used for an action finished before another past action.
Q88General English
Choose the correct phrasal verb to fill the blank: 'The meeting was ____ because the chairman fell ill.'
acalled for
bcalled up
ccalled on
dcalled off
Answer: D
'Called off' means cancelled, which fits the context. 'Called on' means visited, 'called up' means telephoned/summoned, and 'called for' means demanded.
Q89General English
Choose the correctly punctuated sentence:
a"Where are you going?" he asked.
bWhere are you going? he asked
cWhere are you going, he asked.
d"Where are you going," he asked?
Answer: A
A direct question within quotation marks takes a question mark inside the quotes, and the reporting clause begins with a lowercase 'he' followed by a full stop.
Q90General English
Fill in the blank with the correct preposition: 'He has been suffering ____ a high fever since Monday.'
aof
bwith
cby
dfrom
Answer: D
The verb 'suffer' takes the preposition 'from' when followed by the name of an illness, e.g., 'suffering from fever'.
Q91General Knowledge / Current Affairs
The State of Jharkhand was carved out of which State and came into existence on 15th November 2000?
aWest Bengal
bBihar
cOdisha
dMadhya Pradesh
Answer: B
Jharkhand was carved out of the southern part of Bihar and became the 28th State of India on 15th November 2000, the birth anniversary of Birsa Munda.
The lone Tiger Reserve of Jharkhand, which encloses the Betla National Park, is the
aSaranda Tiger Reserve
bDalma Tiger Reserve
cPalamau Tiger Reserve
dHazaribagh Tiger Reserve
Answer: C
Palamau Tiger Reserve is the only tiger reserve in Jharkhand and was one of the first nine reserves set up under Project Tiger in 1973-74; Betla National Park lies within it.
Birsa Munda, after whom Jharkhand's foundation day is marked, was a tribal freedom fighter associated with the
aUlgulan (Munda Rebellion) of 1899-1900
bKol Uprising of 1831
cSanthal Rebellion of 1855
dChuar Rebellion of 1798
Answer: A
Birsa Munda led the 'Ulgulan' (the Great Tumult) or Munda Rebellion of 1899-1900 against British rule and the dikus; his birth anniversary, 15th November, is observed as Janjatiya Gaurav Divas and as Jharkhand's foundation day.
Under the Constitution of India, the power to constitute All India Services common to the Union and the States is vested in
aParliament, by law, with a Rajya Sabha resolution
bthe Union Public Service Commission
cthe President
dthe Supreme Court
Answer: A
Article 312 empowers Parliament to create new All India Services common to the Union and States, but only if the Rajya Sabha first passes a resolution supported by two-thirds of members present and voting that it is necessary in the national interest.
The tribal areas of certain States are administered under the special provisions of which Schedule of the Constitution of India?
aFifth Schedule
bNinth Schedule
cSeventh Schedule
dFourth Schedule
Answer: A
The Fifth Schedule contains provisions for the administration and control of Scheduled Areas and Scheduled Tribes in States other than the North-Eastern States covered by the Sixth Schedule; large parts of Jharkhand fall under the Fifth Schedule.
International Day of Yoga is observed every year on
a21st March
b5th June
c1st May
d21st June
Answer: D
The United Nations declared 21st June as the International Day of Yoga; it coincides with the summer solstice, the longest day of the year in the Northern Hemisphere.
The minimum age prescribed by the Constitution for a person to be appointed a Judge of a High Court is that he must have
aattained the age of 25 years
bno minimum age, but specified judicial or advocacy experience
cattained the age of 45 years
dattained the age of 35 years
Answer: B
Article 217 prescribes no minimum age for a High Court judge; the qualifications are Indian citizenship plus either ten years' judicial office or ten years' standing as an advocate of a High Court.
'CGST' levied under the Goods and Services Tax regime stands for
aCommon Goods and Services Tax
bConsolidated Goods and Services Tax
cCentral Goods and Services Tax
dCombined Goods and Services Tax
Answer: C
CGST stands for Central Goods and Services Tax, levied by the Central Government on intra-State supplies of goods and services along with the corresponding State GST (SGST).
Which language was accorded 'classical language' status by the Union Cabinet in October 2024, along with Pali, Prakrit, Assamese and Bengali?
aMaithili
bMarathi
cBhojpuri
dKonkani
Answer: B
In October 2024 the Union Cabinet granted classical language status to five languages - Marathi, Pali, Prakrit, Assamese and Bengali - taking the total number of classical languages in India to eleven.
Law Mock is an independent preparation resource and is not affiliated with any High Court, Public Service Commission, or government body. All exam information is sourced from official notifications and is updated periodically.
