Jharkhand Judiciary Mock Test 5 — Questions & Solutions
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Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the offence is punishable with imprisonment of less than three years and the person is infirm or above sixty years of age, no arrest shall be made except with the prior permission of an officer not below the rank of
athe Judicial Magistrate
bDeputy Superintendent of Police
cStation House Officer
dSuperintendent of Police
Answer: B
Section 35(7) BNSS is a new safeguard requiring prior permission of an officer not below the rank of Deputy Superintendent of Police before arresting an infirm person or one above sixty years for a minor offence.
In a case triable by a Magistrate, where investigation is not completed within the prescribed period, what is the total period of detention beyond which the accused becomes entitled to default (statutory) bail under Section 187 BNSS for an offence punishable with imprisonment up to ten years (not death/life/10 years or more)?
aNinety days
bForty-five days
cSixty days
dThirty days
Answer: C
Under Section 187 BNSS (old Section 167 CrPC), the maximum detention pending investigation is ninety days for offences punishable with death, life or imprisonment of ten years or more, and sixty days for other offences, after which default bail accrues.
A novel feature of Section 187 BNSS, departing from the old Section 167 CrPC, is that the fifteen days of police custody may be
aextended up to thirty days continuously
bgranted only once and within the first twenty-four hours
csought in parts at any time during the initial forty or sixty days of the detention period
dauthorised only by a Court of Session
Answer: C
Section 187 BNSS permits the fifteen-day police custody to be sought in whole or in parts during the initial forty days (for lesser offences) or sixty days, unlike the CrPC which confined it to the first fifteen days.
Under Section 479 BNSS, an undertrial prisoner who is a first-time offender (not previously convicted) and who is not charged with an offence punishable with death or life imprisonment shall be released on bond by the Court if he has undergone detention for
aone-third of the maximum period of imprisonment specified for the offence
bthe full maximum period of imprisonment specified for the offence
cone-half of the maximum period of imprisonment specified for the offence
done-fourth of the maximum period of imprisonment specified for the offence
Answer: A
The first proviso to Section 479(1) BNSS provides that a first-time offender shall be released on bond on having undergone detention for one-third of the maximum period of imprisonment; the general rule for others is one-half.
The power to grant anticipatory bail to a person apprehending arrest on accusation of a non-bailable offence is now contained in which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 483
bSection 438
cSection 482
dSection 480
Answer: C
Section 482 BNSS corresponds to the old Section 438 CrPC and empowers the High Court or the Court of Session to grant anticipatory bail in anticipation of arrest in a non-bailable offence.
A significant new provision of the BNSS, 2023 permits the inquiry, trial or pronouncement of judgment against a proclaimed offender in his absence even where he has no immediate prospect of arrest. This 'trial in absentia' is provided under
aSection 356
bSection 299
cSection 482
dSection 339
Answer: A
Section 356 BNSS is a new provision enabling trial in absentia of a proclaimed offender who has absconded to evade trial, after compliance with prescribed safeguards.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, in cases where investigation relates to an offence under specified sections (such as those of sexual nature), the investigation is required to be completed within
asix months from the date of recording of information
bfifteen days
cone month from the date of recording of information
dtwo months from the date of recording of information
Answer: D
Section 193 BNSS (old Section 173 CrPC, as amended) requires investigation in such offences against women/children to be completed within two months from the date of recording of the information.
Which of the following is a wholly new category of sentence introduced as a punishment in the new criminal codes, the procedure for which is dealt with in the BNSS, 2023?
aForfeiture of property
bWhipping
cSolitary confinement
dCommunity service
Answer: D
Community service is a new form of punishment introduced by the Bharatiya Nyaya Sanhita, 2023, and its execution is regulated under the BNSS, 2023; it was not a sentence recognised under the CrPC/IPC scheme.
Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the process of search and seizure conducted by a police officer is required to be
areduced to writing within twenty-four hours only
battested only by two independent witnesses without any recording
capproved beforehand by the Magistrate in every case
daudio-video electronically recorded, preferably on a mobile phone
Answer: D
Section 105 BNSS makes it mandatory to record the search and seizure (including preparation of the list of seized articles) through audio-video electronic means, preferably a mobile phone, and forward it to the Magistrate.
A person against whom a warrant of arrest has been issued absconds and conceals himself so that the warrant cannot be executed. Under which section of the BNSS, 2023 may the Court publish a written proclamation requiring him to appear?
aSection 84
bSection 35
cSection 105
dSection 82
Answer: A
Section 84 BNSS (corresponding to old Section 82 CrPC) empowers the Court to issue a proclamation requiring an absconder against whom a warrant has been issued to appear at a specified place and time, not less than thirty days from the date of publication.
Under the BNSS, 2023, the bar on a Magistrate taking cognizance of certain offences after the lapse of the period of limitation continues. For an offence punishable with imprisonment for a term not exceeding one year, the period of limitation for taking cognizance is
athree months
bthree years
csix months
done year
Answer: D
Section 514 BNSS (old Section 468 CrPC) prescribes a limitation of one year for taking cognizance of an offence punishable with imprisonment up to one year, six months where punishable only with fine, and three years where punishable up to three years.
Under the BNSS, 2023, a sentence of death passed by the Court of Session is subject to confirmation by the High Court. Where a death sentence is confirmed and the convict's appeals are exhausted, a mercy petition to the Governor or the President must be filed, under the new statutory framework, within
athirty days
bfifteen days
cninety days
dseven days
Answer: A
Section 472 BNSS is a new provision prescribing that a convict under sentence of death may file a mercy petition within thirty days; confirmation of the death sentence by the High Court is governed by Sections 407-411 BNSS.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the registration of a 'Zero FIR' and the obligation of an officer in charge of a police station to record information of a cognizable offence irrespective of the area where the offence is committed is dealt with under
aSection 175
bSection 173
cSection 179
dSection 154
Answer: B
Section 173 BNSS governs information in cognizable cases (the erstwhile FIR under Section 154 CrPC) and statutorily recognises the Zero FIR by using the words 'irrespective of the area where the offence is committed'.
Under the BNSS, 2023, for a cognizable offence punishable with imprisonment for three years or more but less than seven years, a preliminary enquiry to ascertain whether a prima facie case exists may, with prior permission of an officer not below the rank of Deputy Superintendent of Police, be conducted within
atwenty-one days
bseven days
cthirty days
dfourteen days
Answer: D
The proviso to Section 173(3) BNSS permits a preliminary enquiry within fourteen days, with prior permission of an officer not below the rank of DSP, for offences punishable with three years or more but less than seven years.
Where investigation cannot be completed within twenty-four hours and the accused is forwarded to a Magistrate under the BNSS, 2023, the maximum total period of detention in custody that a Magistrate may authorise, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years, is
aone hundred eighty days
bsixty days
cninety days
dfifteen days
Answer: C
Under Section 187 BNSS, detention may extend up to ninety days where the offence is punishable with death, life imprisonment or imprisonment of not less than ten years, and sixty days for any other offence, after which the accused is entitled to default bail.
A confession or statement made in the course of an investigation may be recorded by a Magistrate under the BNSS, 2023, under
aSection 180
bSection 187
cSection 183
dSection 161
Answer: C
Section 183 BNSS (corresponding to Section 164 CrPC) empowers a Magistrate to record confessions and statements during investigation, after cautioning the maker that he is not bound to confess.
Under the BNSS, 2023, an order directing a person having sufficient means to pay monthly maintenance to his wife, children or parents unable to maintain themselves may be passed by a
aJudicial Magistrate of the first class
bCourt of Session
cChief Judicial Magistrate only
dExecutive Magistrate
Answer: A
Section 144 BNSS (corresponding to Section 125 CrPC) vests jurisdiction to order maintenance of wives, children and parents in a Judicial Magistrate of the first class.
A first appeal lies from an original decree under Section 96 of the CPC. Which of the following is correct?
aAn appeal lies from a decree passed by the court with the consent of parties
bAn appeal may lie from an original decree passed ex parte
cNo appeal lies from a decree passed ex parte
dAn appeal lies only with the prior leave of the High Court
Answer: B
Section 96(2) CPC expressly provides that an appeal may lie from an original decree passed ex parte. Conversely, Section 96(3) bars appeal from a decree passed with the consent of parties.
A second appeal to the High Court under Section 100 of the CPC lies
aonly where the value of the subject-matter exceeds rupees one lakh
bon any question of fact or law
conly if the High Court is satisfied that the case involves a substantial question of law
das of right against every appellate decree
Answer: C
Section 100 CPC, as amended in 1976, permits a second appeal only if the High Court is satisfied that the case involves a substantial question of law, which must be precisely formulated.
B holds a sum of money to which both A and C lay rival claims, B himself claiming no interest in it. To compel A and C to litigate their claims between themselves, B may institute
aa suit for declaration under Section 34 of the Specific Relief Act
ba representative suit under Order 1 Rule 8
ca summary suit under Order 37
dan interpleader suit under Section 88 of the CPC
Answer: D
Section 88 CPC permits an interpleader suit where two or more persons claim adversely from another person the same debt, sum of money or property, and that other person claims no interest in it and is willing to deliver it to the rightful claimant.
The 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 is
aan inherent power saved by Section 151 of the CPC
bconferred expressly by Section 151 of the CPC
cexercisable only with the consent of the parties
davailable only to the High Court under Section 115
Answer: A
Section 151 CPC does not confer any new power; it saves the inherent powers of the court to make orders necessary for the ends of justice or to prevent abuse of its process.
In execution of a decree (other than a decree for maintenance) where the salary of the judgment-debtor is attached, the maximum portion of the salary that is liable to attachment beyond the first one thousand rupees is
atwo-thirds of the remaining salary
bone-fourth of the remaining salary
cone-third of the remaining salary
done-half of the remaining salary
Answer: B
Under the proviso to Section 60(1) CPC, the first one thousand rupees and two-thirds of the remainder of salary are exempt; thus only one-fourth of so much of the salary as exceeds rupees one thousand is attachable (for an ordinary money decree).
A applies for a temporary injunction to restrain the defendant from alienating the suit property pending disposal of the suit. Such relief is governed by
aOrder 39 Rules 1 and 2 of the CPC
bOrder 38 Rules 1 to 4 of the CPC
cOrder 40 Rule 1 of the CPC
dSection 94(c) read with Order 21
Answer: A
Temporary injunctions are governed by Order 39 Rules 1 and 2 CPC, under which the court may restrain a party from, among other things, alienating, wasting or damaging the property in dispute pending the suit.
An application to amend the pleadings is made after the trial has commenced. Under the proviso to Order 6 Rule 17 of the CPC, the court shall
arefuse the amendment in all circumstances
ballow the amendment only on payment of costs, irrespective of due diligence
callow the amendment in all circumstances
dnot allow the amendment unless it concludes that, in spite of due diligence, the party could not have raised the matter before the commencement of trial
Answer: D
The proviso to Order 6 Rule 17 (inserted in 2002) bars amendment of pleadings after the trial has commenced unless the court concludes that, in spite of due diligence, the party could not have raised the matter before that stage.
A civil court's jurisdiction to try a suit of a civil nature is dealt with by Section 9 of the CPC. The correct position is that
athe courts shall have jurisdiction to try all suits of a civil nature except suits of which their cognizance is either expressly or impliedly barred
bthe courts have no jurisdiction to try a suit involving a question as to religious rites or ceremonies
cthe courts may decline to try any civil suit at their discretion
dthe courts may try only those civil suits which are expressly authorised by statute
Answer: A
Section 9 CPC provides that civil courts shall (subject to the provisions of the Code) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred; a suit in which the right to property or to an office is contested is not barred merely because it involves a religious-rites question.
A obtains a money decree against B. The decree is later set aside in appeal and B has, in the meantime, paid the decretal amount. Under which provision of the Code of Civil Procedure, 1908 is B entitled to claim restitution of the benefit which A has received under the reversed decree?
aSection 141
bSection 144
cSection 47
dSection 151
Answer: B
Section 144 CPC provides for restitution where a decree is varied or reversed in appeal, revision or otherwise, placing the parties in the position they would have occupied but for the erroneous decree.
In execution of a money decree (not being a decree for maintenance) against a judgment-debtor whose salary is Rs. 12,000 per month, what is the maximum portion of the salary that is liable to attachment under Section 60 of the Code of Civil Procedure, 1908?
aRs. 4,000
bRs. 3,000
cRs. 8,000
dRs. 6,000
Answer: A
Under the proviso to Section 60(1) CPC, the first Rs. 1,000 and two-thirds of the remainder of salary are exempt; hence only one-third of the salary (here Rs. 4,000) is attachable in an ordinary money decree.
Which one of the following appeals is barred by the Code of Civil Procedure, 1908?
aAn appeal from a decree of a court of the lowest grade competent to decide the suit
bAn appeal from a decree passed with the consent of the parties
cAn appeal from a preliminary decree
dAn appeal from an original decree passed ex parte
Answer: B
Section 96(3) CPC expressly bars an appeal from a decree passed by the court with the consent of parties; ex parte and preliminary decrees, however, remain appealable.
A second appeal under Section 100 of the Code of Civil Procedure, 1908 to the High Court lies only when the case involves
aan error apparent on the face of the record
ba mixed question of law and fact
ca substantial question of law
dany question of fact
Answer: C
After the 1976 amendment, Section 100 CPC permits a second appeal only where the High Court is satisfied that the case involves a substantial question of law, which must be formulated by the Court.
Under Order VIII Rule 1 of the Code of Civil Procedure, 1908, the defendant is ordinarily required to present a written statement of his defence within thirty days from the date of service of summons, and this period may be extended by the court for reasons to be recorded, but not later than
a45 days from the date of service of summons
b60 days from the date of service of summons
c90 days from the date of service of summons
d120 days from the date of service of summons
Answer: C
The proviso to Order VIII Rule 1 CPC permits extension for recorded reasons, but the written statement shall not be filed later than ninety days from the date of service of summons.
The provision for institution of a suit by an indigent person (one unable to pay the requisite court fee) is contained in which Order of the Code of Civil Procedure, 1908?
aOrder 31
bOrder 32
cOrder 33
dOrder 34
Answer: C
Order 33 CPC deals with suits by indigent persons, allowing them to sue without paying court fees subject to the court's permission after enquiry into their means.
B holds a sum of money to which both A and C lay claim adversely to each other, B himself claiming no interest in it. The proper remedy for B to compel A and C to litigate their rival claims between themselves is to institute
aa suit for declaration under Section 34 of the Specific Relief Act
ban interpleader suit under Section 88 read with Order 35
ca representative suit under Order 1 Rule 8
da friendly suit by mutual consent
Answer: B
Where a person who claims no interest in property is faced with two or more adverse claimants, he may file an interpleader suit under Section 88 CPC (procedure in Order 35) compelling the claimants to interplead against each other.
A files a suit against the Government. Before instituting such a suit, Section 80 of the Code of Civil Procedure, 1908 requires that a notice be served, and the suit may be instituted only after the expiry of
asix months after the notice has been delivered
btwo months after the notice has been delivered
c90 days from delivery of the notice
d30 days from delivery of the notice
Answer: B
Section 80 CPC requires a prior written notice and bars institution of a suit against the Government or a public officer until the expiration of two months after the notice has been delivered.
The offence formerly known as 'sedition' under Section 124A of the IPC finds no direct counterpart in the BNS, 2023, which instead introduces the offence of acts endangering the sovereignty, unity and integrity of India under—
aSection 147
bSection 152
cSection 150
dSection 197
Answer: B
Section 152 BNS penalises exciting secession, armed rebellion or subversive activities; it replaces the old sedition offence under Section 124A IPC with a differently framed provision.
Under the BNS, 2023, the offence of 'organised crime', covering unlawful activity such as kidnapping, extortion, contract killing or cyber-crime by an organised crime syndicate, is a new offence introduced under—
aSection 113
bSection 117
cSection 111
dSection 109
Answer: C
Section 111 BNS introduces organised crime as a substantive offence; this had no counterpart in the IPC and was earlier dealt with only under special State enactments like MCOCA.
Under the BNS, 2023, the punishment for voluntarily causing hurt and the punishment for voluntarily causing grievous hurt are dealt with, respectively, under—
aSection 319 and Section 320
bSection 113 and Section 115
cSection 117 and Section 119
dSection 115 and Section 117
Answer: D
Section 115 BNS deals with voluntarily causing hurt and Section 117 BNS deals with voluntarily causing grievous hurt (corresponding to old Sections 323 and 325 IPC respectively).
Under the BNS, 2023, a person is said to abet the doing of a thing where he instigates any person to do it, engages in a conspiracy for doing it, or intentionally aids its doing. This definition of abetment is contained in—
aSection 107
bSection 45
cSection 61
dSection 108
Answer: B
Section 45 BNS defines 'abetment of a thing' by instigation, conspiracy or intentional aid, corresponding to old Section 107 IPC.
Under the BNS, 2023, the offences of criminal breach of trust and cheating (simpliciter) are punishable, respectively, under—
aSection 405 and Section 420
bSection 316 and Section 318
cSection 314 and Section 316
dSection 318 and Section 320
Answer: B
Section 316 BNS deals with criminal breach of trust and Section 318 BNS deals with cheating (corresponding to old Sections 406 and 420 IPC respectively).
Under the BNS, 2023, the right of private defence of the body extends to the voluntary causing of death only where the assault giving rise to the apprehension falls within enumerated categories such as an assault reasonably causing apprehension of death or grievous hurt, or an act of throwing or administering acid. This provision is contained in—
aSection 38
bSection 44
cSection 34
dSection 35
Answer: A
Section 38 BNS enumerates the circumstances in which the right of private defence of the body extends to causing death, corresponding to old Section 100 IPC.
Under the BNS, 2023, where culpable homicide is not murder, the act being done with the intention of causing such bodily injury as is likely to cause death, the punishment is provided under—
aSection 304
bSection 103
cSection 100
dSection 105
Answer: D
Section 105 BNS prescribes the punishment for culpable homicide not amounting to murder, corresponding to old Section 304 IPC.
Under the Bharatiya Nyaya Sanhita, 2023, which section prescribes the punishment for murder?
aSection 101
bSection 105
cSection 302
dSection 103
Answer: D
Murder is defined under Section 101 BNS, while Section 103 prescribes its punishment (death or imprisonment for life, plus fine). The corresponding IPC provision was Section 302.
A group of seven persons, acting in concert, kills a man solely on the ground of his caste. Under Section 103(2) of the Bharatiya Nyaya Sanhita, 2023, the minimum term of imprisonment that may be awarded to each member of such group is:
aThree years
bFive years
cTen years
dSeven years
Answer: D
Section 103(2) BNS deals with murder by a group of five or more persons on grounds such as race, caste, community, sex or language; each member is punishable with death, life imprisonment, or imprisonment not less than seven years, and fine.
The new offence of 'snatching' has been introduced for the first time under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 309
bSection 303
cSection 304
dSection 308
Answer: C
Section 304 BNS newly defines snatching as a form of theft where the offender suddenly, quickly or forcibly seizes movable property, punishable with imprisonment up to three years and fine. Theft itself is defined under Section 303.
Under the Bharatiya Nyaya Sanhita, 2023, the rule that nothing is an offence which is done by a child under seven years of age (formerly Section 82 IPC) is now contained in:
aSection 21
bSection 22
cSection 82
dSection 20
Answer: D
Section 20 BNS provides that nothing is an offence done by a child under seven years of age; Section 21 deals with a child above seven and under twelve of immature understanding.
Under Section 21 of the Bharatiya Nyaya Sanhita, 2023, the act of a child above seven and under twelve years of age is not an offence only if:
athe child acted under the instruction of a guardian
bthe child gains no benefit from the act
cthe act causes no grievous hurt
dthe child has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion
Answer: D
Section 21 BNS grants only a qualified (rebuttable) immunity (doli incapax): the child above seven and under twelve is exempt only if shown to lack sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.
X intentionally abets the suicide of a sixteen-year-old boy, who thereupon commits suicide. Under which section of the Bharatiya Nyaya Sanhita, 2023 is X liable, and what is the maximum punishment?
aSection 107; death or imprisonment for life
bSection 108; imprisonment up to ten years
cSection 108; imprisonment for life only
dSection 106; imprisonment up to five years
Answer: A
Section 107 BNS deals with abetment of suicide of a child (under eighteen), a person with mental illness, a delirious person or an intoxicated person, punishable with death, life imprisonment, or imprisonment up to ten years and fine. General abetment of suicide falls under Section 108.
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, is provided under:
aSection 103
bSection 106
cSection 104
dSection 105
Answer: D
Section 105 BNS punishes culpable homicide not amounting to murder; where the act is done with intention to cause death (or such bodily injury as is likely to cause death) the punishment is life imprisonment or imprisonment of five to ten years, and fine.
Where a sum is named in a contract as the amount to be paid in case of breach, Section 74 of the Indian Contract Act, 1872 entitles the aggrieved party to receive
athe whole sum named, in every case, as a debt
breasonable compensation not exceeding the sum named, whether or not actual loss is proved
cdouble the sum named where the breach is wilful
dcompensation only on proof of actual loss equal to the sum named
Answer: B
Section 74 entitles the party complaining of breach to reasonable compensation not exceeding the amount named, irrespective of whether actual loss or damage is proved; the named sum operates as a ceiling, not as an automatic award.
Under Section 73 of the Indian Contract Act, 1872, compensation for loss caused by breach of contract is NOT to be given for
aloss within the contemplation of both parties at the time of contract
bloss arising naturally in the usual course of things from the breach
cany remote and indirect loss sustained by reason of the breach
dloss which the parties knew, when they made the contract, to be likely to result
Answer: C
The explanation to Section 73 expressly provides that compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach.
A contracts to indemnify B against the consequences of any proceedings which C may take against B in respect of a certain sum of money. This is a
acontingent contract under Section 31 only
bwagering agreement under Section 30
ccontract of indemnity under Section 124
dcontract of guarantee under Section 126
Answer: C
Section 124 defines a contract of indemnity as one by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or of any other person; the illustration appended to Section 124 is in identical terms.
A contract of guarantee under Section 126 of the Indian Contract Act, 1872 requires the concurrence of
athe surety and the creditor only
btwo parties only, the indemnifier and the indemnified
cthe principal debtor and the surety only
dthree parties, namely the principal debtor, the creditor and the surety
Answer: D
Section 126 contemplates three persons—the surety who gives the guarantee, the principal debtor in respect of whose default the guarantee is given, and the creditor to whom the guarantee is given. A guarantee may be either oral or written.
In the absence of a contract to the contrary, a general lien to retain goods bailed as security for a general balance of account is available under Section 171 of the Indian Contract Act, 1872 to
aany bailee who has rendered services to the bailor
bbankers, factors, wharfingers, attorneys of a High Court and policy-brokers
cagents and sub-agents generally
dpawnees and finders of goods only
Answer: B
Section 171 confers a general lien only on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; no other person has such a right unless there is an express contract to that effect.
A contracts to deliver to B, at Dhanbad, 50 maunds of saltpetre. After the contract, war breaks out and the Government lawfully prohibits the export and movement of saltpetre, rendering performance unlawful. The contract
aremains binding and A must pay damages
bbecomes void under Section 56 by reason of supervening impossibility/illegality
cis merely suspended until the prohibition is lifted
dis voidable at the option of A
Answer: B
Under the second paragraph of Section 56, a contract to do an act which, after the contract is made, becomes impossible or, by reason of some event the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.
A contingent contract, as defined in Section 31 of the Indian Contract Act, 1872, is a contract to do or not to do something if
asome event, collateral to such contract, does or does not happen
bconsideration moves from the promisee within a fixed time
cboth parties continue to consent at the time of performance
dthe promisee performs his part of the bargain first
Answer: A
Section 31 defines a contingent contract as one to do or not to do something if some event, collateral to such contract, does or does not happen; the event must be uncertain and collateral to the contract.
Under Section 28 of the Indian Contract Act, 1872, an agreement is void to the extent that it
arestrains a person from marrying any person other than the promisor
bis entered into under a mutual mistake of foreign law
cabsolutely restricts a party from enforcing his rights through ordinary legal proceedings, or limits the time within which he may do so
dis made by a minor for his benefit
Answer: C
Section 28 renders void agreements that absolutely restrict a party from enforcing his contractual rights by usual legal proceedings, or that limit the time within which he may do so; restraint of marriage falls instead under Section 26.
A owes B Rs. 1,000 but the debt is barred by the Limitation Act. A signs a written promise to pay B Rs. 500 on account of the debt. The promise is
aa valid contract under Section 25(3) of the Indian Contract Act, 1872
bvoid for want of consideration
cvalid only if registered
dvoidable at the option of A
Answer: A
Section 25(3) validates, without fresh consideration, a written and signed promise by the debtor to pay wholly or in part a debt of which the creditor might have enforced payment but for the law of limitation; the illustration mirrors this fact pattern.
Where a contract has become void, Section 65 of the Indian Contract Act, 1872 provides that any person who has received any advantage under such contract is bound to
aforfeit the advantage to the State
brestore it, or make compensation for it, to the person from whom he received it
cretain it, the contract being a nullity
dpay damages assessed at double its value
Answer: B
Section 65 provides that when an agreement is discovered to be void, or when a contract becomes void, any person who has received an advantage under it must restore it or make compensation for it to the person from whom he received it.
A appoints B, a merchant at Kolkata, to be his agent, and B in turn properly appoints C to transact part of the business with the knowledge and authority of A. The relationship of C to A is that of
aa co-principal with A
ba substituted agent who stands towards A in the relation of an agent
ca mere servant of B with no privity to A
da sub-agent not answerable to A at all
Answer: B
Under Section 194, where an agent, with the authority of the principal, names another person to act for the principal in the business of the agency, that person is a substituted agent and stands towards the principal in the relation of an agent (not a mere sub-agent under Section 191).
Under Section 2(e) of the Indian Contract Act, 1872, every promise and every set of promises forming the consideration for each other is called
aan agreement
ban offer
ca contract
da reciprocal promise
Answer: A
Section 2(e) defines 'agreement' as every promise and every set of promises forming the consideration for each other; a contract under Section 2(h) is only an agreement enforceable by law.
A agrees with B that A will pay B Rs. 1,000 if two straight lines should enclose a space. Under the Indian Contract Act, 1872, the agreement is
avoidable at the option of B
bvoid, being contingent on an impossible event
cvalid and binding on A
dmerely a wagering agreement
Answer: B
Under Section 36, contingent agreements to do or not to do anything if an impossible event happens are void, whether or not the impossibility is known to the parties.
Under Section 124 of the Indian Contract Act, 1872, a contract of indemnity is a contract by which one party promises to save the other from loss caused
aonly by the conduct of a third person
bby any event whether or not caused by human conduct
cby the conduct of the promisor himself or by the conduct of any other person
donly by the conduct of the promisor himself
Answer: C
Section 124 covers loss caused by the conduct of the promisor himself or of any other person; loss arising from accidents or events not caused by human conduct is outside its scope.
Every agreement in restraint of the marriage of any person, other than a minor, is
avoid under Section 26
bvoidable at the option of the party restrained
cvoid only if it amounts to a total restraint
dvalid if the restraint is partial and reasonable
Answer: A
Section 26 declares every agreement in restraint of the marriage of any person other than a minor to be void; unlike restraint of trade, there is no exception for partial or reasonable restraint.
In a trial, a witness for the prosecution turns hostile and resiles from his earlier statement. With the permission of the court, the party calling him may:
aNot cross-examine him, as a party can never impeach its own witness
bPut questions which the adverse party might put, i.e. cross-examine and impeach his credit, under Section 157 BSA
cOnly re-examine him under Section 143 BSA
dTreat his entire evidence as automatically expunged
Answer: B
Section 157 of the BSA (successor to Section 154 IEA) permits the court, in its discretion, to allow the party who calls a witness to put any questions to him which might be put in cross-examination by the adverse party, thereby permitting a party to cross-examine and impeach its own hostile witness.
Reasonable ground exists for believing that several persons have conspired to wage war against the Government. In a trial of one conspirator, anything said, done or written by any one of the conspirators in reference to their common intention, after the time when such intention was first entertained, is relevant against each of them under:
aSection 26 BSA
bSection 4 BSA
cSection 8 BSA
dSection 19 BSA
Answer: C
Section 8 of the BSA (successor to Section 10 IEA) makes anything said, done or written by any one conspirator in reference to the common intention, after it was first entertained, a relevant fact against each of the conspirators, both to prove the existence of the conspiracy and that a person was a party to it.
Under the Bharatiya Sakshya Adhiniyam, 2023, which provision declares that no confession made to a police officer shall be proved as against a person accused of any offence?
aSection 23
bSection 22
cSection 25
dSection 24
Answer: A
Section 23(1) of the BSA, 2023 bars proof of any confession made to a police officer against an accused, carrying forward the principle of the old Section 25 of the Indian Evidence Act, 1872.
Where a fact is deposed to as discovered in consequence of information received from an accused in police custody, so much of that information as relates distinctly to the fact discovered may be proved. Under the BSA, 2023 this rule is contained in—
aa separate Section 27
bSection 24
cSection 22
dthe proviso to Section 23
Answer: D
The 'fact discovered' rule (old Section 27 of the 1872 Act) has been folded into the proviso to Section 23(2) of the BSA, 2023, and no longer stands as an independent section.
A is dying of injuries and states who caused them; A subsequently dies. Under the Bharatiya Sakshya Adhiniyam, 2023, the relevancy of such a dying declaration as a statement of a person who is dead is governed by—
aSection 6(a)
bSection 26(a)
cSection 32(1)
dSection 60
Answer: B
Dying declarations are admissible under Section 26(a) of the BSA, 2023, which corresponds to the old Section 32(1) of the Indian Evidence Act, 1872.
Under the BSA, 2023, the presumption of legitimacy of a person born during the continuance of a valid marriage, or within a fixed period after its dissolution while the mother remained unmarried, is—
awithin 270 days, and the presumption is conclusive proof
bwithin 180 days, and the presumption is rebuttable
cwithin 365 days, and the court may presume
dwithin 280 days, and the presumption is conclusive proof
Answer: D
Section 116 of the BSA, 2023 makes legitimacy conclusive proof where the child is born during a valid marriage or within two hundred and eighty days after its dissolution, the mother remaining unmarried, unless non-access is shown.
A is charged with travelling on a railway without a ticket. Under the Bharatiya Sakshya Adhiniyam, 2023, the burden of proving that he had a ticket lies on A. This illustrates the principle that—
athe burden of proving a fact especially within a person's knowledge is on that person
bno burden can be cast on the accused in a criminal case
cthe court must presume the fact in favour of the accused
dthe burden always lies on the prosecution alone
Answer: A
Section 109 of the BSA, 2023 places the burden of proving a fact especially within a person's knowledge on that person, the railway-ticket example being its classic illustration.
Under the BSA, 2023, when a question is whether a person committed dowry death and it is shown that soon before her death the woman was subjected to cruelty for dowry, the court—
amay presume that such person caused the dowry death
bshall presume innocence of such person
cshall presume that such person caused the dowry death
dcannot draw any presumption against such person
Answer: C
Section 118 of the BSA, 2023 directs that the court 'shall presume' the accused caused the dowry death where cruelty or harassment for dowry soon before death is established, mirroring old Section 113B.
Under the Bharatiya Sakshya Adhiniyam, 2023, an accomplice is a competent witness against an accused, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. This is provided in—
aSection 138
bSection 118
cSection 114
dSection 133
Answer: A
Section 138 of the BSA, 2023 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, corresponding to old Section 133 IEA (which used the phrasing 'uncorroborated').
Under the BSA, 2023, the order in which witnesses are examined—first examination-in-chief, then cross-examination, and then re-examination—is laid down in—
aSection 140
bSection 137
cSection 143
dSection 146
Answer: C
Section 143 of the BSA, 2023 prescribes the order of examinations of a witness as examination-in-chief, cross-examination and re-examination, corresponding to old Section 138.
Under the Bharatiya Sakshya Adhiniyam, 2023, a leading question is defined as one—
asuggesting the answer which the person putting it wishes or expects to receive
basked to test the veracity of the witness
cwhich the witness is bound to answer though it criminates him
dasked only by the court for clarification
Answer: A
Section 146 of the BSA, 2023 defines a leading question as one suggesting the answer the questioner wishes or expects, the same definition as old Section 141.
A witness, while under examination, refreshes his memory by referring to a writing made by himself at the time of the transaction. Under the Bharatiya Sakshya Adhiniyam, 2023, this is permitted by—
aSection 159
bSection 145
cSection 162
dSection 157
Answer: C
Section 162 of the BSA, 2023 allows a witness to refresh his memory from a contemporaneous writing, corresponding to old Section 159.
Under the Bharatiya Sakshya Adhiniyam, 2023, the admissibility of information contained in an electronic record, treated as a document on satisfaction of the prescribed conditions, is dealt with in—
aSection 62
bSection 39
cSection 65B
dSection 63
Answer: D
Section 63 of the BSA, 2023 governs the admissibility of electronic records and contains the certificate requirement, corresponding to old Section 65B of the 1872 Act.
In the active voice the subject performs the action; 'The committee approved the proposal' has the doer (committee) as subject acting on the object. The other three are passive constructions using forms of 'to be' with a past participle.
Q86General English
The word most nearly OPPOSITE in meaning to "Frugal" is
aPrudent
bThrifty
cExtravagant
dEconomical
Answer: C
'Frugal' means sparing or economical in the use of money; its antonym is 'extravagant' (wasteful, lavish). 'Thrifty', 'economical' and 'prudent' are synonyms of frugal.
Q87General English
A person who knows everything is called a
aomnipotent
bomnivorous
comniscient
domnipresent
Answer: C
'Omniscient' means all-knowing. 'Omnipotent' = all-powerful, 'omnipresent' = present everywhere, 'omnivorous' = eating both plants and flesh.
Q88General English
Fill in the blank with the correct preposition : The judgment was based ____ sound reasoning.
aat
bin
cwith
don
Answer: D
The verb 'based' takes the preposition 'on' when indicating the foundation of something. Hence 'based on sound reasoning' is correct.
Q89General English
Identify the misspelt word :
aPrivilege
bAcknowledgement
cMaintainance
dOccurrence
Answer: C
The correct spelling is 'Maintenance' (not 'Maintainance'). The other three words are correctly spelt.
Q90General English
Choose the correct indirect speech : He said to me, "Where are you going ?"
aHe asked me where I was going.
bHe asked me where was I going.
cHe told me where I was going.
dHe asked me where I am going.
Answer: A
In reported speech an interrogative becomes a statement order (subject before verb), the present continuous shifts to past continuous, and 'asked' replaces 'said to'. Hence 'He asked me where I was going.'
Q91General Knowledge / Current Affairs
The minimum age prescribed under the Constitution of India for a person to be eligible for appointment as a Judge of a High Court is
a40 years
b35 years
cno minimum age is prescribed
d45 years
Answer: C
Article 217 prescribes qualifications such as Indian citizenship and judicial/advocacy experience, but the Constitution lays down no minimum age for appointment as a High Court Judge.
The 'Right to Education' as a fundamental right under Article 21A of the Constitution applies to children of which age group?
a5 to 16 years
b6 to 14 years
c3 to 9 years
d6 to 18 years
Answer: B
Article 21A, inserted by the 86th Amendment, makes free and compulsory education a fundamental right for all children of the age of six to fourteen years.
The new criminal law that replaced the Code of Criminal Procedure, 1973 with effect from 1st July, 2024 is the
aBharatiya Nagarik Suraksha Sanhita, 2023
bBharatiya Sakshya Adhiniyam, 2023
cBharatiya Nyaya Sanhita, 2023
dBharatiya Dand Sanhita, 2023
Answer: A
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaced the Code of Criminal Procedure, 1973; the BNS replaced the IPC and the BSA replaced the Evidence Act, all effective 1st July, 2024.
On 15th November 2025, India observed the 150th birth anniversary of which tribal leader, an occasion also celebrated nationally as Janjatiya Gaurav Divas?
aTilka Manjhi
bSidho Murmu
cTantia Bhil
dBhagwan Birsa Munda
Answer: D
15th November marks the birth anniversary of Bhagwan Birsa Munda (born 1875); 2025 marked his 150th anniversary and the day is observed as Janjatiya Gaurav Divas, declared in 2021.
The Chotanagpur Tenancy Act, 1908, which protects tribal land in the region, is historically associated with the movement led by
aJaipal Singh Munda
bMahatma Gandhi
cSubhas Chandra Bose
dBirsa Munda
Answer: D
The Munda Ulgulan led by Birsa Munda against colonial land policies directly contributed to the enactment of the Chotanagpur Tenancy Act, 1908, a key legal protection for tribal land in Jharkhand.
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