Jharkhand Judiciary Mock Test 4 — Questions & Solutions
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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an information relating to the commission of a cognizable offence (First Information Report) is to be registered under:
aSection 154
bSection 190
cSection 161
dSection 173
Answer: D
Section 173 BNSS governs registration of the FIR and statutorily codifies the 'Zero FIR' by permitting registration 'irrespective of the area where the offence is committed.' It corresponds to the erstwhile Section 154 CrPC.
An order directing a person having sufficient means to pay monthly maintenance to his wife, children and parents unable to maintain themselves may be passed by a Magistrate of the first class under which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 482
bSection 144
cSection 125
dSection 164
Answer: B
Section 144 BNSS, which corresponds to the old Section 125 CrPC, empowers a Judicial Magistrate of the first class to order maintenance to a wife, children and parents unable to maintain themselves.
Application for grant of anticipatory bail, i.e., direction for release on bail in anticipation of arrest in a non-bailable offence, lies under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 482
bSection 483
cSection 480
dSection 438
Answer: A
Section 482 BNSS provides for anticipatory bail by the High Court or Court of Session and corresponds to the repealed Section 438 CrPC.
Where investigation cannot be completed within twenty-four hours and the accused is detained, the maximum period of detention authorised by the Magistrate, on the expiry of which the accused becomes entitled to 'default bail', is governed by which provision of the BNSS, 2023?
aSection 193
bSection 167
cSection 173
dSection 187
Answer: D
Section 187 BNSS (corresponding to the old Section 167 CrPC) prescribes the 60/90-day limit for completing investigation, failing which the accused is entitled to statutory (default) bail.
A confession or statement made in the course of an investigation may be recorded by a Magistrate under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 183
bSection 164
cSection 180
dSection 161
Answer: A
Section 183 BNSS empowers a Magistrate to record confessions and statements during investigation; it corresponds to the old Section 164 CrPC.
A statement made to a police officer in the course of investigation is recorded under Section 180 of the BNSS, 2023. Such a statement, if reduced to writing, is:
aadmissible as substantive evidence of the facts stated
brequired to be signed by the person making it
crequired to be recorded on oath
dnot required to be signed by the person making it
Answer: D
Section 180 BNSS (old Section 161 CrPC) provides that statements made to the police shall not be signed by the maker, and such statements may be used only to contradict the witness, not as substantive evidence.
The power of the Court to examine the accused personally, without administering an oath, for the purpose of enabling him to explain the circumstances appearing against him in the evidence, is contained in which section of the BNSS, 2023?
aSection 351
bSection 330
cSection 281
dSection 313
Answer: A
Section 351 BNSS empowers the Court to examine the accused; no oath is administered and the accused incurs no punishment for refusing to answer or for false answers. It corresponds to the old Section 313 CrPC.
Under the chapter on plea bargaining in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Sections 289 to 300), plea bargaining is NOT available in respect of:
aoffences for which the accused has filed an application within thirty days of framing of charge
boffences in which a charge-sheet has been filed under Section 193
coffences punishable with imprisonment up to seven years
doffences affecting the socio-economic condition of the country or committed against a woman or a child below fourteen years
Answer: D
Plea bargaining under Chapter XXIII (Ss. 289-300) BNSS is barred for offences punishable with death, life imprisonment or imprisonment exceeding seven years, and for offences affecting the socio-economic condition of the country or committed against a woman or a child.
Where an Executive Magistrate is satisfied that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, the procedure to be followed is laid down under which section of the BNSS, 2023?
aSection 164
bSection 145
cSection 152
dSection 126
Answer: A
Section 164 BNSS, corresponding to the old Section 145 CrPC, deals with disputes concerning land or water likely to cause a breach of the peace; the expression 'land or water' includes buildings, markets, fisheries, crops and the rents or profits thereof.
Where a Court of Session or a Magistrate of the first class convicts a person of an offence specified in the BNSS, 2023 and considers it necessary to take security for keeping the peace, the bond for keeping the peace may be ordered at the time of passing sentence under Section 125 for a period not exceeding:
aone year
bfive years
ctwo years
dthree years
Answer: D
Section 125 BNSS (old Section 106 CrPC) permits the convicting court to require a bond for keeping the peace for a period not exceeding three years.
A notable innovation of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the provision enabling inquiry, trial and pronouncement of judgment in the absence of a proclaimed offender. This provision is contained in:
aSection 339
bSection 299
cSection 82
dSection 356
Answer: D
Section 356 BNSS is a new provision permitting trial in absentia of a proclaimed offender, enabling inquiry, trial and judgment even where the accused has absconded and cannot be tried.
The Bharatiya Nagarik Suraksha Sanhita, 2023 for the first time fixes a statutory time-limit for filing and disposal of a mercy petition in a case where a sentence of death has been pronounced. This procedure is provided under:
aSection 413
bSection 472
cSection 433A
dSection 354
Answer: B
Section 472 BNSS lays down the procedure and time-limits for mercy petitions in death sentence cases, regulating the clemency jurisdiction of the Governor and the President.
Under Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, it is mandatory for forensic experts to visit the crime scene to collect forensic evidence and to videograph the process where the offence is punishable with imprisonment for a term of:
aseven years or more
bfive years or more
cten years or more
dthree years or more
Answer: A
Section 176(3) BNSS makes forensic investigation at the scene of crime compulsory for offences punishable with imprisonment of seven years or more, with the entire process being video-recorded.
Under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 is information relating to a cognizable offence recorded as the First Information Report, including the statutorily recognised 'Zero FIR'?
aSection 175
bSection 187
cSection 154
dSection 173
Answer: D
Section 173 BNSS corresponds to the old Section 154 CrPC and now expressly permits registration of an FIR irrespective of the area where the offence is committed (Zero FIR).
Where information is received of a cognizable offence punishable with imprisonment for three years or more but less than seven years, the officer in charge of a police station may, before registering the FIR, conduct a preliminary enquiry under Section 173(3) BNSS with the prior permission of an officer not below the rank of
aInspector of Police
bSub-Inspector of Police
cDeputy Superintendent of Police
dSuperintendent of Police
Answer: C
Section 173(3) BNSS allows a preliminary enquiry (to be completed within fourteen days) for offences punishable with 3 to less than 7 years, but only with the prior permission of an officer not below the rank of Deputy Superintendent of Police.
Rejection of a plaint is governed by which provision of the Code of Civil Procedure, 1908?
aOrder 7, Rule 11
bOrder 8, Rule 1
cOrder 6, Rule 17
dOrder 1, Rule 10
Answer: A
Order 7 Rule 11 enumerates the grounds for rejection of a plaint, such as non-disclosure of a cause of action or where the suit appears from the statement in the plaint to be barred by any law.
Amendment of pleadings under the Code of Civil Procedure, 1908 is permitted under
aOrder 6, Rule 17
bOrder 1, Rule 10
cOrder 8, Rule 9
dOrder 6, Rule 16
Answer: A
Order 6 Rule 17 empowers the court at any stage of the proceedings to allow either party to alter or amend his pleadings as may be necessary for determining the real questions in controversy.
The general power of the High Court or District Court to transfer and withdraw any suit, appeal or other proceeding pending before a subordinate court is found in
aSection 24
bSection 25
cSection 23
dSection 22
Answer: A
Section 24 confers a general power on the High Court and District Court to transfer or withdraw suits, appeals and other proceedings. Section 25 deals with the Supreme Court's power to transfer cases between High Courts.
Nothing in the Code of Civil Procedure, 1908 shall be deemed to limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. This saving is contained in
aSection 153
bSection 148
cSection 149
dSection 151
Answer: D
Section 151 preserves the inherent powers of the civil court to pass orders necessary for the ends of justice and to prevent abuse of its process; it does not confer new powers but saves existing ones.
The settlement of disputes outside the court through arbitration, conciliation, judicial settlement or mediation is provided for under
aSection 89
bSection 115
cSection 80
dSection 96
Answer: A
Section 89 enables the court, where it appears that elements of a settlement exist, to refer the dispute to arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation.
Death, marriage and insolvency of parties and the consequent abatement of suits are dealt with in the First Schedule under
aOrder 9
bOrder 21
cOrder 23
dOrder 22
Answer: D
Order 22 deals with death, marriage and insolvency of parties; where no application to bring the legal representative on record is made within the time allowed, the suit abates so far as the deceased party is concerned.
An appeal from an original decree (first appeal) is provided for under Section 96 read with
aOrder 47
bOrder 43
cOrder 41
dOrder 39
Answer: C
Section 96 confers the right of first appeal from an original decree, and the procedure for such appeals is laid down in Order 41 of the First Schedule.
The revisional jurisdiction of the High Court, exercisable where a subordinate court has exercised a jurisdiction not vested in it by law or failed to exercise a jurisdiction so vested, is conferred by
aSection 100
bSection 113
cSection 115
dSection 114
Answer: C
Section 115 confers revisional jurisdiction on the High Court over cases decided by subordinate courts in which no appeal lies, on the grounds of jurisdictional error. Section 113 deals with reference and Section 114 with review.
A suit instituted in the name of the wrong plaintiff, or where there is a doubt as to whether it has been instituted in the name of the right plaintiff, may be corrected by the court adding or substituting a party under
aOrder 1, Rule 10
bOrder 6, Rule 17
cOrder 1, Rule 9
dOrder 7, Rule 11
Answer: A
Order 1 Rule 10 empowers the court, where a suit has been instituted in the name of a wrong plaintiff or there is a bona fide mistake, to order substitution or addition of the proper party so that the real matter in dispute may be determined.
A obtains a money decree against B in the Court of Civil Judge, Ranchi. During execution, a dispute arises between the decree-holder and the judgment-debtor relating to the satisfaction of the decree. Such a question shall be determined by
athe District Judge on a reference
bthe High Court in its revisional jurisdiction
cthe court executing the decree and not by a separate suit
da separate suit instituted for the purpose
Answer: C
Section 47 CPC provides that all questions arising between the parties to the suit (or their representatives) relating to the execution, discharge or satisfaction of the decree shall be determined by the executing court and not by a separate suit.
Before instituting a suit against the State of Jharkhand in respect of an act done by a public officer in his official capacity, the plaintiff must, under Section 80 of the CPC, ordinarily give a prior notice in writing of
atwo months
bninety days
cthirty days
dsixty days
Answer: A
Section 80(1) CPC bars institution of a suit against the Government or a public officer (for an official act) until the expiration of two months next after notice in writing has been delivered to the prescribed authority.
The principle of 'constructive res judicata', under which any matter which might and ought to have been made a ground of attack or defence in the former suit is deemed to have been a matter directly and substantially in issue, is contained in
aSection 10 of the CPC
bExplanation I to Section 11 of the CPC
cOrder 2 Rule 2 of the CPC
dExplanation IV to Section 11 of the CPC
Answer: D
Explanation IV to Section 11 CPC embodies constructive res judicata: any matter which might and ought to have been made a ground of attack or defence in the former suit shall be deemed to have been a matter directly and substantially in issue therein.
A decree passed by the Court of Civil Judge, Dhanbad is reversed in appeal by the District Judge. The party who had been deprived of the benefit of the decree may apply for restitution, i.e. to be placed in the position which he would have occupied but for the reversed decree, under
aSection 151 of the CPC
bOrder 41 Rule 5 of the CPC
cSection 144 of the CPC
dSection 141 of the CPC
Answer: C
Section 144 CPC deals with restitution: where a decree is varied or reversed in appeal/revision, the court of first instance shall, on application, cause such restitution to be made as will place the parties in the position they would have occupied but for the reversed decree.
Which one of the following grounds is NOT a ground for rejection of a plaint under Order 7 Rule 11 of the CPC?
aWhere the defendant raises a plea of res judicata in the written statement
bWhere the relief claimed is undervalued and the plaintiff fails to correct the valuation within the time fixed by the court
cWhere the suit appears from the statement in the plaint to be barred by any law
dWhere the plaint does not disclose a cause of action
Answer: A
Order 7 Rule 11 lists grounds for rejection of plaint (no cause of action, undervaluation uncorrected, insufficient stamp uncorrected, suit barred by law, etc.). A plea of res judicata in the written statement is not a ground enumerated in Rule 11, as rejection is decided on the averments in the plaint.
Under Order 33 Rule 1 of the CPC, in determining whether a person is an 'indigent person', the property that is taken into account excludes
aonly the property exempt from attachment in execution of a decree
bboth the property exempt from attachment in execution of a decree and the subject-matter of the suit
conly the subject-matter of the suit
dneither the exempt property nor the subject-matter of the suit
Answer: B
Explanation I to Order 33 Rule 1 defines an indigent person as one not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to pay the prescribed court fee.
The summary procedure enabling a plaintiff suing upon a bill of exchange, hundi or promissory note to obtain speedy judgment without granting the defendant a right to defend as of right, is contained in
aOrder 39 of the CPC
bOrder 37 of the CPC
cOrder 38 of the CPC
dOrder 36 of the CPC
Answer: B
Order 37 CPC lays down the summary procedure, applicable to suits upon bills of exchange, hundis and promissory notes (and certain debt/liquidated demand suits), where the defendant must obtain leave to defend.
Under the Bharatiya Nyaya Sanhita, 2023, the offences of kidnapping and abduction are dealt with respectively under:
aSection 137 (kidnapping) and Section 138 (abduction)
bSection 359 (kidnapping) and Section 362 (abduction)
cSection 138 (kidnapping) and Section 137 (abduction)
dSection 363 (kidnapping) and Section 365 (abduction)
Answer: A
Section 137 BNS deals with kidnapping (from India and from lawful guardianship) and Section 138 BNS defines abduction, replacing Sections 359-361 and 362 IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of voluntarily causing grievous hurt by use of acid (acid attack) is punishable under:
aSection 117
bSection 326A
cSection 115
dSection 124
Answer: D
Section 124 BNS penalises voluntarily causing grievous hurt by use of acid (and Section 124(2) covers throwing/attempting to throw acid), corresponding to Sections 326A and 326B IPC.
A suddenly and forcibly seizes and runs away with a mobile phone from the hand of a pedestrian. Under the Bharatiya Nyaya Sanhita, 2023, this conduct is specifically defined as a distinct offence of 'snatching' under:
aSection 304
bSection 303
cSection 356
dSection 379
Answer: A
Section 304 BNS creates a new, distinct offence of 'snatching' (theft committed by suddenly, quickly or forcibly seizing movable property), punishable with imprisonment up to three years and fine. Section 303 deals with theft generally.
Under the Bharatiya Nyaya Sanhita, 2023, when five or more persons conjointly commit or attempt to commit robbery, the offence is 'dacoity'. The relevant provision is:
aSection 391
bSection 311
cSection 310
dSection 309
Answer: C
Section 310 BNS defines dacoity (five or more persons conjointly committing/attempting robbery), while Section 309 BNS deals with robbery. These correspond to Sections 391 and 390 IPC respectively.
Under the Bharatiya Nyaya Sanhita, 2023, the offences of criminal breach of trust and cheating (dishonestly inducing delivery of property) are now consolidated and punishable respectively under:
aSection 318 and Section 316
bSection 405 and Section 415
cSection 316 and Section 318
dSection 406 and Section 420
Answer: C
Section 316 BNS deals with criminal breach of trust (consolidating Sections 405-409 IPC) and Section 318 BNS deals with cheating (consolidating Sections 415, 417, 418, 420 IPC).
Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal intimidation is defined and made punishable under:
aSection 506
bSection 503
cSection 351
dSection 356
Answer: C
Section 351 BNS defines criminal intimidation and prescribes its punishment, corresponding to Sections 503 and 506 IPC. Section 356 BNS deals with defamation.
The Bharatiya Nyaya Sanhita, 2023 introduces a wholly new offence of 'organised crime' (including economic offences and crime syndicate activity). This offence is contained in:
aSection 152
bSection 111
cSection 113
dSection 311
Answer: B
Section 111 BNS for the first time defines and punishes organised crime, while Section 113 BNS deals with terrorist acts. Neither offence existed in the IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for culpable homicide not amounting to murder (where the act is done with the intention of causing death or such bodily injury as is likely to cause death) is provided under:
aSection 304
bSection 100
cSection 103
dSection 105
Answer: D
Section 105 BNS prescribes the punishment for culpable homicide not amounting to murder (imprisonment for life, or 5 to 10 years and fine in the first part), corresponding to Section 304 IPC.
The Bharatiya Nyaya Sanhita, 2023 creates a new offence penalising a person who attempts to commit suicide with the intent to compel or restrain a public servant from discharging his official duty. This is provided in:
aSection 115
bSection 309
cSection 224
dSection 226
Answer: D
Section 226 BNS is a new provision punishing attempt to commit suicide to compel or restrain a public servant from exercising his lawful power, with simple imprisonment up to one year, fine, both, or community service.
Under the Bharatiya Nyaya Sanhita, 2023, the substantive offence of murder is defined and the punishment for murder is prescribed, respectively, under—
aSection 100 and Section 102
bSection 101 and Section 103
cSection 299 and Section 302
dSection 103 and Section 105
Answer: B
Section 101 BNS defines murder (corresponding to old Section 300 IPC) and Section 103 BNS prescribes the punishment for murder (corresponding to old Section 302 IPC).
The four-point test for an offence falling under 'thirdly' of the definition of murder (the bodily injury intended being sufficient in the ordinary course of nature to cause death), now embodied in Section 101 of the BNS, 2023, was laid down by the Supreme Court in—
aBachan Singh v. State of Punjab
bK.M. Nanavati v. State of Maharashtra
cVirsa Singh v. State of Punjab
dReg v. Govinda
Answer: C
Virsa Singh v. State of Punjab, AIR 1958 SC 465 laid down the four ingredients for clause 'thirdly', which continues to apply to Section 101 BNS as it reproduces the old Section 300 IPC.
For the first time, the offence of 'mob lynching'—murder by a group of five or more persons acting in concert on a ground such as race, caste, community, sex, place of birth or language—has been specifically made punishable under the BNS, 2023 by—
aSection 103(1)
bSection 103(2)
cSection 113
dSection 111
Answer: B
Section 103(2) BNS makes each member of a group of five or more persons who commit murder on enumerated discriminatory grounds liable to death or life imprisonment and fine; this provision has no equivalent in the IPC.
Under the BNS, 2023, where the theft is committed for the first time by a person and the value of the stolen property is less than five thousand rupees, and the offender returns or restores such property, he—
ashall be punished with community service
bshall be liable only to a fine extending to five thousand rupees
cshall be discharged after a warning by the Court
dshall be punished with rigorous imprisonment for not less than one year
Answer: A
The proviso to Section 303(2) BNS provides that a first-time offender who restores stolen property worth less than five thousand rupees shall be punished with community service, a new form of punishment introduced by the BNS.
Which one of the following is recognised as a distinct form of punishment under Section 4 of the BNS, 2023, that did not exist as a punishment under Section 53 of the Indian Penal Code, 1860?
aRigorous imprisonment
bCommunity service
cSolitary confinement
dForfeiture of property
Answer: B
Section 4 BNS adds 'community service' as the sixth category of punishment, which was unknown to Section 53 IPC.
Under the BNS, 2023, theft becomes the distinct offence of 'snatching' where, in order to commit theft, the offender suddenly or quickly or forcibly seizes or grabs movable property from a person or his possession. The offence of snatching is dealt with under—
aSection 304
bSection 310
cSection 309
dSection 303
Answer: A
Section 304 BNS creates the new offence of snatching, punishable with imprisonment up to three years and fine; it had no separate counterpart in the IPC.
Under the BNS, 2023, the offence of dacoity requires that the robbery be conjointly committed or attempted by—
athree or more persons
bfive or more persons
cfour or more persons
dtwo or more persons
Answer: B
Section 310 BNS retains the requirement of five or more persons conjointly committing or attempting robbery (including persons present and aiding) for the offence of dacoity, as under old Section 391 IPC.
A, by deed and for natural love and affection, promises in writing and registers a gift of Rs. 1,000 to his son B. The agreement is
avoid as it is a gratuitous promise
ba valid contract under the exception in Section 25(1)
cvoid for want of consideration
dvoidable at the option of B
Answer: B
Section 25(1) saves an agreement made without consideration if it is expressed in writing, registered, and made on account of natural love and affection between parties standing in a near relation to each other.
The rule in Hadley v. Baxendale (1854), as substantially embodied in Section 73 of the Indian Contract Act, relates to
athe requirement of free consent
bthe privity of contract
cthe doctrine of frustration of contract
dremoteness and measure of damages on breach of contract
Answer: D
Hadley v. Baxendale laid down the two-limb test for remoteness: damages recoverable are those arising naturally from the breach, or such as were in the contemplation of both parties when they made the contract. Special damages lie only when notice of the likely special loss was given.
A contracts to pay B Rs. 1,000 if B's house is destroyed by fire. This agreement is
avoid as the event is uncertain
ba contingent contract and valid
can agreement to do an impossible act
da wagering agreement and void
Answer: B
Under Section 31, a contract to do or not to do something on the happening of an uncertain collateral event is a contingent contract; the burning of the house is a collateral event not within the control of the parties, so it is a valid contingent contract and not a wager.
Under Section 74 of the Indian Contract Act, where a sum is named in the contract as the amount to be paid in case of breach, the party complaining of the breach is entitled to receive
adouble the named sum by way of penalty
bonly the actual loss proved, irrespective of the sum named
cthe whole of the named sum as a matter of right
dreasonable compensation not exceeding the sum so named
Answer: D
Section 74 entitles the aggrieved party to reasonable compensation not exceeding the amount stipulated, whether the sum is a genuine pre-estimate (liquidated damages) or a penalty; proof of actual loss is not always essential but the named sum is only a ceiling.
The case of Balfour v. Balfour (1919) is an authority on the proposition that
aa minor's agreement is void ab initio
bpast consideration is no consideration
can agreement between husband and wife in a domestic setting is presumed to lack intention to create legal relations
dconsideration must move from the promisee
Answer: C
In Balfour v. Balfour, a husband's promise to pay his wife a monthly allowance was held unenforceable as a purely domestic arrangement carrying no intention to create legal relations.
Which one of the following statements regarding a contract of indemnity under Section 124 of the Indian Contract Act is correct?
aIt necessarily involves three parties
bOne party promises to save the other from loss caused by the conduct of the promisor himself or of any other person
cThe liability of the indemnifier is always secondary
dIt must always be in writing
Answer: B
Section 124 defines a contract of indemnity as one where one party promises to save the other from loss caused by the conduct of the promisor himself or of any other person; it is a two-party contract, distinguishing it from guarantee under Section 126 which requires three parties.
In the leading case of Mohori Bibee v. Dharmodas Ghose, decided by the Privy Council in 1903, it was held that an agreement entered into by a minor is
aenforceable after ratification on attaining majority
bvoidable at the option of the minor
cvoid ab initio
dvalid if for the minor's benefit
Answer: C
Reading Sections 10 and 11 together, the Privy Council held that a minor is wholly incompetent to contract and an agreement by a minor is void ab initio, incapable of ratification on majority.
Substitution of a new contract in place of the existing contract between the same parties is known as
aremission under Section 63
bnovation under Section 62
calteration
drescission
Answer: B
Section 62 provides that where parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract need not be performed; substitution of a fresh contract is novation.
An agreement to do an act impossible in itself, such as an agreement to discover treasure by magic, is
avoid under Section 56
ba contingent contract
cvalid but unenforceable
dvoidable at the option of either party
Answer: A
The first paragraph of Section 56 declares that an agreement to do an act impossible in itself is void; impossibility existing at the time of the agreement renders it void from the outset.
Under Section 230 of the Indian Contract Act, in the absence of a contract to the contrary, an agent
acan never be made personally liable in any circumstance
bcannot personally enforce, nor is personally bound by, contracts entered into on behalf of the principal
cis liable jointly with the principal in every case
dis always personally bound by contracts entered into on behalf of the principal
Answer: B
Section 230 lays down the general rule that an agent can neither personally enforce nor be bound by contracts made on behalf of the principal, subject to the three presumptions stated in the section (foreign principal, undisclosed principal, principal who cannot be sued).
dvoid under Section 30, and no suit lies to recover anything won upon it
Answer: D
Section 30 declares wagering agreements void; no suit can be brought for recovering anything alleged to be won on any wager. Such agreements are void but not illegal, so collateral transactions are not, on that ground alone, void.
The exception to Section 27 of the Indian Contract Act permits a valid restraint where
aa partner agrees to restrain trade beyond the dissolution of the firm without limit
btwo traders agree to fix prices in a locality
cone who sells the goodwill of a business agrees not to carry on a similar business within reasonable local limits
dan employee agrees never to take up any employment after leaving service
Answer: C
The exception to Section 27 saves an agreement whereby the seller of the goodwill of a business agrees to refrain from carrying on a similar business within specified local limits, so long as those limits appear reasonable to the Court.
Satyabrata Ghose v. Mugneeram Bangur & Co. is a leading authority on
athe doctrine of privity of contract
bthe measure of damages for breach
cthe doctrine of frustration / impossibility of performance under Section 56
dthe rule against past consideration
Answer: C
In Satyabrata Ghose, the Supreme Court explained the doctrine of frustration as embodied in Section 56, holding that subsequent supervening impossibility or unlawfulness which strikes at the root of the contract discharges the parties.
Under Section 25 of the Indian Contract Act, 1872, a promise made on account of natural love and affection between parties standing in a near relation is enforceable without consideration only if it is
asupported by past consideration
boral and acted upon by the promisee
cattested by two witnesses
din writing and registered
Answer: D
Section 25(1) saves an agreement made without consideration only where it is expressed in writing and registered under the law for the time being in force for the registration of documents, and is made on account of natural love and affection between parties standing in a near relation to each other.
Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind is, to that extent, void. This rule is laid down in
aSection 30 of the Indian Contract Act, 1872
bSection 27 of the Indian Contract Act, 1872
cSection 26 of the Indian Contract Act, 1872
dSection 28 of the Indian Contract Act, 1872
Answer: B
Section 27 declares agreements in restraint of trade void to that extent; the sole statutory exception saves an agreement by the seller of goodwill not to carry on a similar business within reasonable local limits.
A, the seller of the goodwill of his confectionery business, agrees with the buyer B not to carry on a similar business within the municipal limits of Ranchi for so long as B carries on the business there. The agreement is
avoid because the time period is not fixed
bvoidable at the option of A
cvalid, the restraint being within the exception to Section 27
dwholly void as being in restraint of trade
Answer: C
The exception to Section 27 permits the seller of goodwill to agree to refrain from a similar business within specified local limits, so long as the limits appear reasonable to the court; here the restraint is therefore valid.
Whoever desires a Court to give judgment as to any legal right or liability dependent on facts which he asserts must prove that those facts exist. This rule as to the burden of proof is contained in
aSection 109 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 106 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: D
Section 104 of the BSA lays down the general rule that the burden of proof lies on the person who asserts the existence of facts on which a legal right or liability depends.
A confession made by an accused person while he is in the custody of a police officer is, as a general rule, inadmissible against him. This bar is contained in
aSection 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 27 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cthe proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: D
Section 23(2) of the BSA bars proof of a confession made by a person while in police custody unless it is made in the immediate presence of a Magistrate; Section 23(1) separately bars confessions made to a police officer.
A is being tried for murder. While in police custody, A informs the investigating officer that he has buried the deceased's gold chain under a mango tree, and the chain is recovered from that spot. How much of A's information is provable in evidence?
aThe whole statement, since it led to recovery
bOnly the portion amounting to a confession of guilt
cOnly so much of the information as distinctly relates to the fact thereby discovered
dNone of it, being a statement made in police custody
Answer: C
Under the proviso to Section 23(2) of the BSA, when a fact is discovered in consequence of information from an accused in police custody, only so much of that information as relates distinctly to the fact discovered may be proved; the confessional surplus beyond the discovery is inadmissible.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), no confession made to a police officer can be proved against an accused. Which provision embodies this rule?
aSection 23(1)
bSection 23(2)
cSection 22
dthe proviso to Section 23(2)
Answer: A
Section 23(1) of the BSA lays down an absolute bar: no confession made to a police officer shall be proved against a person accused of any offence. Section 23(2) bars confessions made in police custody unless in the immediate presence of a Magistrate.
A man, before his death, told his wife that he was going to the accused's town because the accused's wife had invited him to receive money due to him. He was later found murdered. Is this statement relevant as a dying declaration even though he had no expectation of death when he made it?
aYes, as it relates to the circumstances of the transaction resulting in his death, expectation of death being immaterial
bNo, because the statement does not describe the act of killing
cNo, because expectation of death is essential under Indian law
dYes, but only if it was reduced to writing
Answer: A
Under Section 26(a) of the BSA, as held in Pakala Narayana Swami v. King Emperor (AIR 1939 PC 47), a statement about the circumstances of the transaction resulting in death is admissible even though the maker had no expectation of death at the time, unlike English law.
An accused himself goes to the police station and lodges a first information report which is entirely confessional in nature, narrating how he committed the murders. To what extent is this FIR admissible against him?
aWholly inadmissible as a confession to a police officer, except any part falling within the proviso to Section 23(2)
bWholly admissible, being a voluntary statement
cAdmissible only as to the fact that an FIR was lodged, plus any part within the proviso to Section 23(2)
dAdmissible as substantive evidence of motive
Answer: C
In Aghnoo Nagesia v. State of Bihar (AIR 1966 SC 119), the confessional FIR is barred by Section 23(1) of the BSA and cannot be split; only the fact that the accused gave first information and any information falling within the proviso to Section 23(2) are usable.
In a civil suit, a party fails to produce a vital account book that is admittedly in its exclusive possession. Which provision permits the court to presume that the document, if produced, would have been unfavourable to that party?
aSection 121
bSection 104
cIllustration (g) to Section 119
dSection 106
Answer: C
Illustration (g) to Section 119 of the BSA allows the court to presume that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it. The presumption is permissive and rebuttable, not mandatory.
When the court has to form an opinion as to the identity of handwriting or of a finger impression, the opinion of a person specially skilled in such matter is relevant. This rule of expert opinion is contained in:
aSection 65
bSection 55
cSection 39
dSection 41
Answer: C
Section 39 of the BSA makes relevant the opinions of persons specially skilled in foreign law, science, art, handwriting or finger impressions. Section 41 deals with the opinion of a non-expert acquainted with the handwriting, and Section 65 with the court's own comparison.
A is accused of theft. Evidence that A, shortly before the theft, was in great need of money and that, immediately after, he suddenly paid off a large debt, is admissible under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) to prove which of the following?
aAdmission under Section 15 BSA
bSimilar facts under Section 12 BSA
cCharacter of the accused under Section 47 BSA
dMotive and subsequent conduct under Section 6 BSA
Answer: D
Section 6 of the BSA (the successor to Section 8 IEA) makes relevant any fact showing motive or preparation for any fact in issue, as well as conduct of a party which influences or is influenced by a fact in issue. Sudden need followed by sudden affluence is a classic illustration of motive and conduct.
A child of about seven years is offered as a witness in a criminal trial. Which test does the court apply before recording the child's evidence under the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aWhether the child has attained the age of twelve years
bWhether the child is able to understand the questions put and to give rational answers
cWhether a parent consents to the examination
dWhether the child can take a lawful oath
Answer: B
Under Section 124 of the BSA (the successor to Section 118 IEA), all persons are competent to testify unless the court considers that, by tender years, extreme old age, disease or the like, they cannot understand the questions or give rational answers. There is no fixed minimum age; capacity to understand is the test.
Under Section 138 read with illustration (b) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), what is the correct legal position regarding the testimony of an accomplice?
aAn accomplice is a competent witness, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice, corroboration being the rule of prudence
bA conviction based solely on uncorroborated accomplice testimony is illegal in every case
cAn accomplice is an incompetent witness and his evidence must be rejected
dAccomplice evidence is admissible only after a pardon is tendered under the BNSS
Answer: A
Section 138 BSA (corresponding to Section 133 IEA) declares an accomplice a competent witness and, in its enacted form, provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice; illustration (b) to Section 119 BSA (successor to Section 114 IEA) adds the rule of prudence that the court may presume an accomplice unworthy of credit unless corroborated in material particulars. Note the enacted BSA wording is 'corroborated', differing from the repealed IEA s.133 'uncorroborated'.
A confession made to a police officer becomes relevant against the maker if it is made:
aAfter the accused has been informed of his right to silence
bIn writing and signed by the accused
cIn the presence of two independent witnesses
dIn the immediate presence of a Magistrate
Answer: D
Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) bars confessions made while in police custody, but saves a confession made in the immediate presence of a Magistrate. The presence of witnesses or signing does not cure the bar under Section 23(1) and 23(2) BSA.
Which of the following statements correctly describes the rule in Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) regarding confessions?
aA confession is relevant only if recorded by a Magistrate
bA confession is always relevant if it is voluntary, even if made to a co-accused
cA confession is irrelevant only if made in police custody
dA confession is irrelevant if caused by an inducement, threat, coercion or promise having reference to the charge and proceeding from a person in authority
Answer: D
Section 22 of the BSA (successor to Section 24 IEA) renders a confession irrelevant in a criminal proceeding if it appears to have been caused by inducement, threat, coercion or promise, having reference to the charge and proceeding from a person in authority, sufficient to give the accused reasonable grounds for supposing a benefit or avoiding an evil.
The question is whether A was ravished. Evidence that, shortly after the alleged rape, she made a complaint relating to the offence with the circumstances under which it was made, is admissible under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) to show:
aThe truth of the contents of the complaint as substantive evidence
bAn admission under Section 19 BSA
cA dying declaration under Section 26 BSA
dHer conduct, the complaint being relevant under Section 6 BSA
Answer: D
Explanation 1 to Section 6 of the BSA (successor to Section 8 IEA) makes the making of a complaint relevant as conduct when the complaint is a fact in issue or relevant. Such a complaint corroborates the prosecutrix; it is not substantive evidence of the truth of its contents.
The burden of proving that a person is alive who has not been heard of for seven years by those who would naturally have heard of him lies, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), on:
aThe State in all cases
bThe person who affirms that he is alive
cNeither party, the court presuming life to continue
dThe person who affirms that he is dead
Answer: B
Section 111 of the BSA (successor to Section 108 IEA, a proviso to Section 110 BSA) shifts the burden: when a person has not been heard of for seven years by those who would naturally have heard of him, the burden of proving that he is alive lies on the person who asserts it. The presumption is of death, not of the time of death.
Choose the option that best converts the sentence into the passive voice: 'The committee will announce the results tomorrow.'
aThe results are announced by the committee tomorrow.
bThe results would be announced by the committee tomorrow.
cThe results will announce by the committee tomorrow.
dThe results will be announced by the committee tomorrow.
Answer: D
The future simple active 'will announce' becomes 'will be announced' in the passive, with the object 'results' as the new subject.
Q82General English
Select the correct one-word substitution for 'a government by the rich':
aTheocracy
bPlutocracy
cAristocracy
dBureaucracy
Answer: B
A 'plutocracy' is rule by the wealthy. Aristocracy is rule by the nobility, theocracy is rule by religious authority, and bureaucracy is rule by officials.
Q83General English
Fill in the blank with the correct article: 'He is ____ honest man and an able administrator.'
aan
bno article
cthe
da
Answer: A
The word 'honest' begins with a silent 'h' and a vowel sound, so the article 'an' is used before it.
Q84General English
Choose the sentence that is grammatically correct:
aNeither of the two boys has done his homework.
bNeither of the two boys have done their homework.
cNeither of the two boys has done their homework.
dNeither of the two boys have done his homework.
Answer: A
'Neither' is singular and takes the singular verb 'has' and the singular pronoun 'his'.
Q85General English
Choose the correct meaning of the idiom 'a blessing in disguise':
aa false promise
ban obvious good fortune
ca misfortune that ultimately proves beneficial
da hidden danger
Answer: C
'A blessing in disguise' refers to something that seems bad or unlucky at first but later results in something good.
Q86General English
'Claustrophobia' stands for
afear of enclosed spaces
bfear of water
cfear of heights
dfear of crowds
Answer: A
Claustrophobia is the irrational fear of confined or enclosed spaces; fear of heights is acrophobia.
The 2025 Nobel Peace Prize was awarded to which of the following?
aMaria Corina Machado
bNihon Hidankyo
cNarges Mohammadi
dAles Bialiatski
Answer: A
The Nobel Peace Prize 2025 was awarded to Venezuelan opposition leader Maria Corina Machado for her work promoting democratic rights and a peaceful transition to democracy in Venezuela.
India won the ICC Champions Trophy 2025 by defeating which team in the final at Dubai?
aSouth Africa
bNew Zealand
cAustralia
dEngland
Answer: B
India beat New Zealand by four wickets in the ICC Champions Trophy final on 9th March, 2025 at the Dubai International Cricket Stadium, claiming its third title undefeated.
Smt. Droupadi Murmu, the present President of India, earlier served as the Governor of which State?
aBihar
bChhattisgarh
cOdisha
dJharkhand
Answer: D
Droupadi Murmu served as Governor of Jharkhand from 2015 to 2021, the first woman tribal Governor of a State, before being sworn in as the 15th President of India on 25th July, 2022.
The Subarnarekha river, which derives its name meaning 'streak of gold', originates in which district of Jharkhand?
aDeoghar
bRanchi
cBokaro
dPalamu
Answer: B
The Subarnarekha originates near Nagri village in Ranchi district and flows through Jharkhand, West Bengal and Odisha before joining the Bay of Bengal.
The longest river flowing through Jharkhand, often called the 'Sorrow of Bengal', is the
aSubarnarekha
bDamodar
cBarakar
dKoel
Answer: B
The Damodar, about 592 km long and originating on the Chotanagpur Plateau, is the longest river of Jharkhand and was historically called the 'Sorrow of Bengal' for its floods.
Under the Constitution of India, the power to grant pardons, reprieves and remissions of punishment is vested in the President under
aArticle 72
bArticle 61
cArticle 76
dArticle 143
Answer: A
Article 72 confers on the President the power to grant pardons, reprieves, respites or remissions of punishment, including in all cases of sentence of death.
Palamu is the only Tiger Reserve of Jharkhand and was among the first nine reserves created under Project Tiger in 1973-74; Betla is a National Park located within it.
Who is the Chief Minister of Jharkhand who took oath of office on 4th July, 2024?
aArjun Munda
bChampai Soren
cHemant Soren
dRaghubar Das
Answer: C
Hemant Soren of the Jharkhand Mukti Morcha (JMM) was sworn in as Chief Minister of Jharkhand on 4th July, 2024 and continued in office after the 2024 Assembly elections.
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