Jharkhand Judiciary Mock Test 7 — Questions & Solutions
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Under Section 105 of the BNSS, 2023, the search of a place or the seizure of any property in the course of an investigation is required to be
arecorded through audio-video electronic means, preferably by a mobile phone, and forwarded to the District Magistrate
bwitnessed by at least two gazetted officers of the State Government
ccarried out only between sunrise and sunset
dconducted only in the presence of a Judicial Magistrate of the first class
Answer: A
Section 105 BNSS makes audio-video recording of search and seizure mandatory, preferably by mobile phone, and the recording is to be forwarded without delay to the District Magistrate or designated officer.
Under the first proviso to Section 479(1) of the BNSS, 2023, a first-time offender (who has never been convicted of any offence in the past) shall be released on bond by the Court if he has undergone detention for a period extending up to
aone-third of the maximum period of imprisonment specified for the offence
bthe entire maximum period of imprisonment specified for the offence
cone-fourth of the maximum period of imprisonment specified for the offence
done-half of the maximum period of imprisonment specified for the offence
Answer: A
Section 479 BNSS reforms undertrial detention; under the first proviso, a first-time offender is to be released on bond once he has undergone detention up to one-third of the maximum sentence (one-half being the general rule).
Under Section 530 of the BNSS, 2023, all trials, inquiries and proceedings under the Sanhita, including the recording of evidence and examination of witnesses,
amay be held electronically only in respect of bailable offences
bmust invariably be conducted in the physical presence of all parties
cmay be conducted electronically only with the prior sanction of the High Court in each case
dmay be held in electronic mode, by use of electronic communication or audio-video electronic means
Answer: D
Section 530 BNSS enables all trials, inquiries and proceedings — including issuance, service and execution of process and recording of evidence — to be held in electronic mode through audio-video electronic means.
Under Section 64 of the BNSS, 2023, service of a summons may be effected, in addition to the modes of personal service, by
atelegram addressed to the person summoned
baffixing a copy at the District Court only
cpublication in two local newspapers only
delectronic communication in such form and manner as the State Government may, by rules, provide
Answer: D
Section 64 BNSS modernises service of summons by permitting service through electronic communication in the form and manner provided by State rules, in addition to the conventional modes.
Under Section 230 of the BNSS, 2023, in a case instituted on a police report, the Magistrate is required to furnish, free of cost, a copy of the police report and other connected documents to the accused and the victim (if represented by an advocate), without delay and in any event within
asixty days from the date of production or appearance of the accused
bthirty days from the date of production or appearance of the accused
cfourteen days from the date of production or appearance of the accused
dseven days from the date of production or appearance of the accused
Answer: C
Section 230 BNSS fixes a time limit — the police report and accompanying documents must be supplied to the accused (and the victim's advocate) within fourteen days from the date of production or appearance of the accused.
Under Section 472 of the BNSS, 2023, a convict under sentence of death, or his legal heir or relative, may file a mercy petition before the Governor of the State within a period, after intimation of dismissal of the appeal or the time for preferring it expires, of
asixty days
bthirty days
cninety days
dfifteen days
Answer: B
Section 472 BNSS, which newly codifies the mercy petition procedure, provides a thirty-day window to petition the Governor (and thereafter the President) following confirmation and exhaustion of appellate remedies.
Under Section 183 of the BNSS, 2023, the confession or statement of a witness recorded by a Magistrate during investigation may also be recorded by
aaudio-video electronic means in the presence of the advocate of the person accused
bthe public prosecutor at the request of the Magistrate
ca Notary Public authorised by the District Magistrate
dthe investigating police officer in the police station
Answer: A
Section 183 BNSS (corresponding to Section 164 CrPC) now expressly permits recording of confessions and statements by audio-video electronic means, including in the presence of the advocate of the accused.
Under the proviso to Section 193(3) of the BNSS, 2023, in relation to offences of rape, the investigation shall be completed within
athree months from the date on which the information was recorded
btwo months from the date on which the information was recorded
csix months from the date on which the information was recorded
done month from the date on which the information was recorded
Answer: B
The proviso to Section 193(3) BNSS mandates that investigation into rape and certain offences against women and children (including specified POCSO offences) be completed within two months from the date the information was recorded.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the inherent powers of the High Court (corresponding to Section 482 of the old CrPC) are now contained in:
aSection 484
bSection 482
cSection 531
dSection 528
Answer: D
Section 528 BNSS saves the inherent powers of the High Court to prevent abuse of process or to secure the ends of justice; it corresponds to the erstwhile Section 482 CrPC. Section 482 BNSS now deals with anticipatory bail.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an application for anticipatory bail by a person apprehending arrest in a non-bailable offence is made before the High Court or Court of Session under:
aSection 482
bSection 528
cSection 438
dSection 479
Answer: A
Section 482 BNSS provides for grant of anticipatory bail by the High Court or the Court of Session; it corresponds to the old Section 438 CrPC.
Under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, information relating to the commission of a cognizable offence may be given to the officer in charge of a police station:
aonly orally and in person
bonly in writing signed by the informant
cirrespective of the area where the offence is committed (Zero FIR) and also by electronic communication
donly to a Magistrate, never to the police
Answer: C
Section 173 BNSS statutorily recognises the 'Zero FIR' (registration regardless of territorial jurisdiction) and permits information to be given by electronic communication.
Under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for a cognizable offence punishable for three years or more but less than seven years, a preliminary enquiry to ascertain a prima facie case may be conducted with the prior permission of an officer not below the rank of:
aInspector-General of Police
bInspector
cSuperintendent of Police
dDeputy Superintendent of Police
Answer: D
Section 173(3) BNSS permits a preliminary enquiry (to be completed within 14 days) for offences punishable with 3 to 7 years' imprisonment, with the prior permission of an officer not below the rank of Deputy Superintendent of Police.
Under the proviso to Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where an offence is punishable with imprisonment of less than three years, a person who is infirm or above sixty years of age shall not be arrested without the prior permission of an officer not below the rank of:
aDeputy Superintendent of Police
bStation House Officer
cJudicial Magistrate
dSuperintendent of Police
Answer: A
The proviso to Section 35(7) BNSS bars arrest of an infirm person or one above 60 years, for offences punishable with less than 3 years, without prior permission of an officer not below the rank of Deputy Superintendent of Police.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum total period for which a Magistrate may authorise the detention of an accused in police custody is:
a7 days
b30 days
c15 days (which may be sought in whole or in part during the initial period of detention)
d14 days
Answer: C
Section 187 BNSS retains the 15-day ceiling on police custody, but innovates by allowing the 15 days to be availed in whole or in part within the first 40 or 60 days of the total detention period.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender (who has never been convicted of any offence) shall be released on bond by the Court if he has undergone detention during investigation, inquiry or trial for a period extending up to:
aone-half of the maximum period of imprisonment specified for the offence
btwo-thirds of the maximum period of imprisonment specified for the offence
cthe full maximum period of imprisonment specified for the offence
done-third of the maximum period of imprisonment specified for the offence
Answer: D
Section 479 BNSS introduces a special concession: a first-time offender is to be released on bond after undergoing detention up to one-third of the maximum sentence (the general rule being one-half).
Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023 makes a significant departure from the old CrPC by providing for:
acompulsory plea bargaining in all cases
btrial of summons cases by jury
cabolition of anticipatory bail
dinquiry, trial or judgment in absentia of a proclaimed offender
Answer: D
Section 356 BNSS is a new provision permitting trial in absentia of a proclaimed offender who has absconded to evade trial, with the trial commencing after the prescribed waiting period from framing of charge.
Where a decree is varied or reversed in appeal or other proceeding, the court of first instance is empowered to cause restitution, that is, to place the parties in the position they would have occupied but for the decree so varied or reversed. This power is conferred by
aSection 151
bSection 141
cSection 144
dSection 148
Answer: C
Section 144 CPC provides for restitution, requiring the court of first instance to restore parties to their original position when a decree is varied or reversed.
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 is preserved by
aSection 148
bSection 149
cSection 151
dSection 153
Answer: C
Section 151 CPC saves the inherent powers of the court to make orders necessary for the ends of justice or to prevent abuse of the process of the court.
Order VII Rule 11 CPC mandates rejection of a plaint, inter alia, where it does not disclose a cause of action, or is undervalued, insufficiently stamped, or barred by law.
Where the plaintiff does not appear when the suit is called on for hearing and the defendant appears, the court shall ordinarily
aproceed ex parte against the defendant
badjourn the hearing for a week
cdecree the suit in favour of the plaintiff
dmake an order that the suit be dismissed
Answer: D
Under Order IX Rule 8 CPC, where only the defendant appears, the court shall make an order dismissing the suit unless the defendant admits the claim or part of it.
An appeal from orders, as distinguished from an appeal from a decree, lies only from those orders specified in the Code. The Order of the Code of Civil Procedure, 1908 which enumerates the procedure for appeals from orders is
aOrder XLI
bOrder XLVII
cOrder XLIII
dOrder XLII
Answer: C
Order XLIII CPC, read with Section 104, lists the orders from which an appeal lies; Order XLI deals with appeals from original decrees and Order XLVII with review.
Under the Code of Civil Procedure, 1908, the doctrine of res judicata is contained in which provision?
aSection 10
bSection 12
cSection 9
dSection 11
Answer: D
Section 11 embodies the rule of res judicata, barring a court from trying any issue already directly and substantially in issue in a former suit between the same parties and finally decided by a competent court. Section 10 deals with the distinct concept of stay of suit (res sub judice).
A money decree is passed against a judgment-debtor whose only salary is Rs. 9,000 per month. The decree is NOT for maintenance. Under the proviso to Section 60(1) CPC, what portion of his salary is exempt from attachment (after the first Rs. 1,000)?
aOne-third of the remainder
bThree-fourths of the remainder
cOne-half of the remainder
dTwo-thirds of the remainder
Answer: D
Under the first proviso to Section 60(1), the first Rs. 1,000 and two-thirds of the remainder of salary are exempt from attachment in execution of a decree other than a decree for maintenance. Only one-third of the salary (after the first Rs. 1,000) is attachable.
Where and when a decree on reversal or modification is set aside, the court grants restitution so as to place parties in the position they would have occupied. This power of restitution is provided under which section of the CPC?
aSection 144
bSection 141
cSection 148
dSection 151
Answer: A
Section 144 CPC embodies the doctrine of restitution, requiring the court of first instance to place parties in the position they would have occupied but for the decree later varied or reversed. It is based on the maxim actus curiae neminem gravabit.
B holds a sum of money to which both A and C lay adverse claims, B himself claiming no interest. Which suit is the appropriate remedy for B?
aAn interpleader suit
bA suit for declaration
cA suit for injunction
dA representative suit
Answer: A
Under Section 88 read with Order 35 CPC, an interpleader suit lies where two or more persons claim adversely to one another the same debt, sum of money, or property from a person who claims no interest in it except charges or costs and is ready to deliver it to the rightful claimant.
A second appeal to the High Court under Section 100 CPC can be entertained only if the case involves
aa mixed question of law and fact
ba question of jurisdiction alone
ca substantial question of law
dany question of fact
Answer: C
Section 100, as amended in 1976, permits a second appeal to the High Court only where the High Court is satisfied that the case involves a substantial question of law, which must be formulated by the court.
The summary procedure for suits upon bills of exchange, hundis and promissory notes, and certain other suits, is provided under which Order of the CPC?
aOrder 38
bOrder 39
cOrder 37
dOrder 36
Answer: C
Order 37 CPC lays down the summary procedure, originally for suits on negotiable instruments and now extended to suits for recovery of a debt or liquidated demand in money arising on a written contract, enactment, or guarantee.
Before instituting a suit against the Government or a public officer in respect of an act purporting to be done in his official capacity, notice must be given under Section 80 CPC. The minimum period of such notice is
a60 days
b90 days
c30 days
dtwo months
Answer: A
Section 80(1) CPC requires that no suit be instituted against the Government or a public officer until the expiration of two months (60 days) after a written notice has been delivered or left at the office of the prescribed authority.
Under Order 6 Rule 17 CPC, the power of the court to allow amendment of pleadings, after the commencement of trial, is restricted by the proviso unless the court concludes that
ain spite of due diligence the party could not have raised the matter before commencement of trial
bthe limitation period has not expired
cthe opposite party consents in writing
dthe amendment causes no prejudice whatsoever
Answer: A
The proviso to Order 6 Rule 17 (added in 2002) bars amendment after the trial has commenced unless the court concludes that in spite of due diligence the party could not have raised the matter before the commencement of trial.
A defendant fails to file a written statement within the time permitted under Order 8 Rule 1 CPC. The consequence is that
athe suit stands automatically dismissed
bthe plaint is rejected
cthe suit is compulsorily referred to arbitration
dthe court may pronounce judgment against him or make such order as it thinks fit
Answer: D
Under Order 8 Rule 10 CPC, where a defendant fails to present a written statement within the permitted time, the court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit.
An application to set aside an ex parte decree under Order 9 Rule 13 CPC must, ordinarily under Article 123 of the Limitation Act, be filed within
asix months from the date of the decree
b60 days from the date of the decree
c30 days from the date of the decree
d90 days from the date of the decree
Answer: C
Under Article 123 of the Limitation Act, 1963, an application to set aside an ex parte decree under Order 9 Rule 13 CPC must be made within thirty days from the date of the decree (or from when the summons was duly served, knowledge being relevant).
The offence of sedition under Section 124A of the repealed Indian Penal Code has, in substance, been replaced under the Bharatiya Nyaya Sanhita, 2023 by:
aSection 150 (act endangering sovereignty, unity and integrity of India)
bSection 152 (act endangering sovereignty, unity and integrity of India)
cSection 147 (waging war against Government of India)
dSection 113 (terrorist act)
Answer: B
Section 152 BNS penalises acts exciting secession, armed rebellion, subversive activities or separatist feelings endangering the sovereignty, unity and integrity of India; the old offence of 'sedition' under Section 124A IPC has not been retained as such.
Under the Bharatiya Nyaya Sanhita, 2023, 'organised crime' committed by a member of an organised crime syndicate has, for the first time, been made a substantive offence under the general criminal code under:
aSection 111
bSection 117
cSection 113
dSection 109
Answer: A
Section 111 BNS is a new provision codifying organised crime (continuing unlawful activity by a syndicate, including its proceeds), a concept previously found only in special State statutes such as MCOCA.
Whoever by deceiving a person fraudulently or dishonestly induces him to deliver property is said to cheat. Under the Bharatiya Nyaya Sanhita, 2023, cheating is defined in:
aSection 318
bSection 415
cSection 320
dSection 316
Answer: A
Cheating (erstwhile Section 415 IPC) is now defined under Section 318 BNS, with the same ingredients of deception inducing delivery of property or causing damage or harm.
A novel feature of the punishment for defamation under Section 356 of the Bharatiya Nyaya Sanhita, 2023, as compared with Section 500 of the repealed Indian Penal Code, is that the court may now also impose:
aCommunity service
bForfeiture of property
cMandatory minimum fine of one lakh rupees
dRigorous imprisonment up to seven years
Answer: A
Section 356 BNS punishes defamation with simple imprisonment up to two years, or fine, or both, or with community service, the last being a new mode of punishment introduced by the Sanhita.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of culpable homicide is defined in Section 100, and the punishment for culpable homicide not amounting to murder is provided under:
aSection 304
bSection 105
cSection 103
dSection 101
Answer: B
Section 100 BNS defines culpable homicide and Section 105 BNS prescribes the punishment for culpable homicide not amounting to murder (corresponding to the erstwhile Section 304 IPC).
Under the Bharatiya Nyaya Sanhita, 2023, in robbery the theft or extortion is aggravated by the offender's voluntarily causing or attempting to cause death, hurt or wrongful restraint, or instant fear thereof. Robbery is defined in:
aSection 390
bSection 310
cSection 308
dSection 309
Answer: D
Robbery (erstwhile Section 390 IPC) is now defined under Section 309 BNS, where theft or extortion is accompanied by death, hurt, wrongful restraint or instant fear thereof; dacoity follows at Section 310.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'snatching'—where the offender suddenly, quickly or forcibly seizes or grabs movable property from a person or his possession in order to commit theft—is dealt with for the first time as a distinct offence under
aSection 305
bSection 304
cSection 309
dSection 303
Answer: B
Section 304 BNS introduces 'snatching' as a separate offence distinct from ordinary theft, which had no specific counterpart in the IPC. Theft simpliciter is dealt with under Section 303 BNS.
A, deprived of the power of self-control by grave and sudden provocation given by Z, causes Z's death. Provided the conditions are satisfied, A's offence is reduced from murder to culpable homicide not amounting to murder by virtue of which Exception to Section 101 of the Bharatiya Nyaya Sanhita, 2023?
aException 2
bException 5
cException 1
dException 4
Answer: C
Exception 1 to Section 101 BNS (corresponding to Exception 1 to old Section 300 IPC) covers grave and sudden provocation. Exception 4 deals with a sudden fight and Exception 5 with consent of a person above eighteen.
Under the Bharatiya Nyaya Sanhita, 2023, for theft to be elevated to the offence of 'dacoity', the minimum number of persons who must conjointly commit or attempt to commit robbery (including persons present and aiding) is
afive or more
bseven or more
cfour or more
dthree or more
Answer: A
Section 310 BNS retains the IPC position that when five or more persons conjointly commit or attempt to commit robbery, the offence becomes dacoity. Robbery itself is defined under Section 309 BNS.
Inducing a person, by putting him in fear of injury, dishonestly to deliver property to any person, constitutes which offence under the Bharatiya Nyaya Sanhita, 2023?
aTheft under Section 303
bCriminal breach of trust under Section 316
cRobbery under Section 309
dExtortion under Section 308
Answer: D
Extortion under Section 308 BNS (formerly Section 383 IPC) requires putting a person in fear of injury and thereby dishonestly inducing delivery of property. Unlike theft, delivery is obtained through consent procured by fear.
Z compels P, by force, to go from his house to a temple with intent to wrongfully confine him there. Z has committed which offence under the Bharatiya Nyaya Sanhita, 2023?
aKidnapping under Section 137
bWrongful restraint under Section 126
cCriminal force under Section 129
dAbduction under Section 138
Answer: D
Abduction under Section 138 BNS consists in compelling, by force, or inducing, by deceitful means, any person to go from any place. It is a continuing offence and, unlike kidnapping under Section 137, is not confined to minors or persons of unsound mind.
Under Section 137 of the Bharatiya Nyaya Sanhita, 2023, kidnapping from lawful guardianship is committed where the person taken or enticed away, without the consent of the lawful guardian, is a child under the age of—
asixteen years, if a male, and eighteen years, if a female
bfourteen years, if a male, and sixteen years, if a female
ctwelve years in every case
deighteen years in every case
Answer: D
Section 137(1)(b) BNS fixes a uniform age of eighteen years for both sexes for kidnapping from lawful guardianship, departing from the earlier IPC Section 361 which prescribed sixteen for males and eighteen for females.
Where a group of five or more persons acting in concert commits murder on the ground of race, caste, community, sex, place of birth, language or personal belief (commonly described as mob lynching), the special punishment is provided under the Bharatiya Nyaya Sanhita, 2023 by
aSection 105
bSection 103(2)
cSection 117(4)
dSection 101
Answer: B
Section 103(2) BNS introduces a specific provision for so-called mob lynching, prescribing death or imprisonment for life or not less than seven years for each member of a group of five or more who commit murder on the enumerated discriminatory grounds. Section 103(1) is the general punishment for murder.
When two or more persons agree to do, or cause to be done, an illegal act, or an act which is not illegal by illegal means, such an agreement is designated criminal conspiracy under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 62
bSection 45
cSection 48
dSection 61
Answer: D
Section 61 BNS defines criminal conspiracy (corresponding to Section 120A IPC). Abetment is dealt with separately beginning at Section 45 BNS.
Under the Bharatiya Nyaya Sanhita, 2023, 'organised crime'—a continuing unlawful activity carried on by a syndicate by use of violence, coercion or other unlawful means to gain pecuniary or other advantage—has been introduced as a distinct offence under
aSection 113
bSection 111
cSection 197
dSection 152
Answer: B
Section 111 BNS creates the new offence of organised crime, which had no general counterpart in the IPC. Section 113 separately deals with terrorist acts.
A entrusted with B's ornaments for safe custody dishonestly sells them and keeps the sale proceeds for himself. A has committed which offence under the Bharatiya Nyaya Sanhita, 2023?
aCriminal misappropriation under Section 314
bCriminal breach of trust under Section 316
cExtortion under Section 308
dCheating under Section 318
Answer: B
Criminal breach of trust under Section 316 BNS (formerly Section 405/406 IPC) requires entrustment with property followed by dishonest misappropriation or conversion. The pre-existing entrustment distinguishes it from misappropriation under Section 314.
Under Section 27 of the Indian Contract Act, 1872, every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent
avalid if reasonable
bvoid
cvoidable
dillegal and punishable
Answer: B
Section 27 provides that any agreement in restraint of a lawful profession, trade or business is void to that extent. The only statutory exception is the sale of goodwill of a business.
A agrees to pay B Rs. 1,000 if B's house is destroyed by fire. This agreement is
avoid for uncertainty
ba wagering agreement and hence void
cvoid as an agreement to do an impossible act
da contingent contract and valid
Answer: D
Under Section 31, a contingent contract is one to do or not to do something if some collateral event does or does not happen. The burning of the house is an uncertain future event not within the control of the parties, so it is a valid contingent contract, not a wager.
A promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, is enforceable even without consideration. This exception is contained in
aSection 56 of the Indian Contract Act, 1872
bSection 23 of the Indian Contract Act, 1872
cSection 25(2) of the Indian Contract Act, 1872
dSection 73 of the Indian Contract Act, 1872
Answer: C
Section 25(2) is an exception to the rule that an agreement without consideration is void: a promise to compensate a person who has already voluntarily done something for the promisor is enforceable.
When a contract contains a stipulation by way of penalty, Section 74 of the Indian Contract Act, 1872 entitles the aggrieved party to receive
athe entire sum named in the contract irrespective of loss
bdouble the amount named in the contract
creasonable compensation not exceeding the amount so named, whether or not actual damage is proved
dno compensation unless actual loss is strictly proved
Answer: C
Under Section 74, on breach the aggrieved party is entitled to reasonable compensation not exceeding the amount named or penalty stipulated, whether or not actual damage is proved, as clarified in Fateh Chand v. Balkishan Dass and Maula Bux v. Union of India.
Special or remote damages under Section 73 of the Indian Contract Act, 1872, embodying the rule in Hadley v. Baxendale, can be claimed only when
athe breaching party acted with malice
bthe loss arises naturally in the usual course of things from the breach
cthe loss is incapable of being estimated in money
dthe special circumstances likely to cause such loss were within the knowledge of both parties when the contract was made
Answer: D
Following Hadley v. Baxendale, as adopted in Section 73, compensation for special loss is recoverable only where the special circumstances were communicated to or within the knowledge of both parties at the time of contracting. Remote and indirect loss is not recoverable.
Under Section 128 of the Indian Contract Act, 1872, the liability of the surety, unless otherwise provided by the contract, is
asecondary and limited to half of the principal debtor's liability
bco-extensive with that of the principal debtor
carising only after the creditor exhausts remedies against the principal debtor
dwholly independent of the principal debtor's liability
Answer: B
Section 128 provides that the liability of the surety is co-extensive with that of the principal debtor, unless the contract otherwise provides; the creditor may proceed against the surety without first exhausting remedies against the principal debtor.
A delivers gold ornaments to a goldsmith to be made into a necklace, the ornaments to be returned in altered form. This transaction is a contract of
aguarantee
bbailment
cindemnity
dpledge
Answer: B
Section 148 defines bailment as the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the bailor's directions. Delivery of ornaments to be remade is a bailment.
Where one party to a contract is induced to enter into it by undue influence, the contract under Section 19A of the Indian Contract Act, 1872 is
avoidable at the option of the party whose consent was so caused
bvalid and binding
cillegal
dvoid ab initio
Answer: A
Section 19A provides that when consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the party whose consent was so caused. Undue influence is defined in Section 16.
An agreement which restricts a party absolutely from enforcing his rights under or in respect of any contract by the usual legal proceedings in the ordinary tribunals is, under Section 28 of the Indian Contract Act, 1872
aenforceable only with court permission
bvoid to that extent
cvoidable at the option of either party
dvalid and binding
Answer: B
Section 28 renders void to that extent any agreement that absolutely restricts a party from enforcing his contractual rights through ordinary legal proceedings, or that limits the time within which he may do so.
When an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it. This obligation of restitution is provided under
aSection 70 of the Indian Contract Act, 1872
bSection 64 of the Indian Contract Act, 1872
cSection 56 of the Indian Contract Act, 1872
dSection 65 of the Indian Contract Act, 1872
Answer: D
Section 65 provides that when an agreement is discovered to be void or a contract becomes void, any person who received an advantage under it must restore it or compensate the person from whom he received it. It does not apply to agreements void ab initio with a minor.
A, for natural love and affection, promises to give his son B Rs. 1,000. A puts his promise to B into writing and registers it under the law for the time being in force for the registration of documents. The agreement is
avoid as it is between near relations
bvoid for want of consideration
ca valid contract
dvoidable at the option of B
Answer: C
Under the first exception to Section 25, a written and registered promise made out of natural love and affection between parties standing in a near relation is a valid contract even without consideration.
An agreement by which a person is restrained from marrying, other than a minor, is
avalid
bvoid
cvoidable
dvoid only if it imposes total restraint
Answer: B
Section 26 declares every agreement in restraint of the marriage of any person, other than a minor, to be void; both partial and total restraints fall within it.
Which one of the following is NOT a requirement of competency to contract under Section 11 of the Indian Contract Act, 1872?
aThe person is not disqualified from contracting by any law to which he is subject
bThe person is of the age of majority
cThe person is solvent and possesses property
dThe person is of sound mind
Answer: C
Section 11 requires only majority, sound mind, and that the person is not otherwise disqualified by law; solvency or ownership of property is not a condition.
A minor mortgaged his immovable property to secure a loan and later sought a declaration that the mortgage was void. In which decision was it held that an agreement by a minor is void ab initio?
aBalfour v. Balfour
bMohori Bibee v. Dharmodas Ghose
cCarlill v. Carbolic Smoke Ball Co.
dCurrie v. Misa
Answer: B
In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held that a minor's agreement is void ab initio under Section 11 of the Indian Contract Act, 1872.
A agrees to sell to B 'a hundred tons of oil' without specifying which kind of oil, and A deals in several kinds of oil. The agreement is
avoid as opposed to public policy
bvalid and enforceable
cvoid for uncertainty
dvoidable at the option of B
Answer: C
Under Section 29, agreements the meaning of which is not certain, and not capable of being made certain, are void; the illustration of unspecified 'oil' is given in that section.
The doctrine of estoppel is defined in the Bharatiya Sakshya Adhiniyam, 2023 (BSA) under
aSection 116
bSection 119
cSection 121
dSection 123
Answer: C
Section 121 of the BSA defines estoppel: when one person has by declaration, act or omission intentionally caused another to believe a thing to be true and to act upon it, he is estopped from denying its truth.
A question which suggests the answer that the person putting it wishes or expects to receive is, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), called a leading question and is defined in
aSection 150
bSection 147
cSection 146
dSection 148
Answer: C
Section 146 of the BSA defines a leading question as one suggesting the answer the questioner wishes or expects, and restricts its use in examination-in-chief and re-examination.
Under Section 2 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a fact is said to be 'proved' when the Court
afinds that the fact has been admitted by the opposite party
btakes judicial notice of the fact
ceither believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances, to act upon the supposition that it exists
dis satisfied beyond all reasonable doubt that it exists
Answer: C
Section 2 of the BSA defines 'proved' in terms of the belief of the Court or the standard of a prudent man acting upon the supposition that the fact exists; it does not lay down a fixed 'beyond reasonable doubt' formula.
Statements made before a Court by witnesses in relation to matters of fact under inquiry are, under Section 2 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), called
acircumstantial evidence
bsecondary evidence
coral evidence
ddocumentary evidence
Answer: C
Section 2 of the BSA classifies 'evidence' into oral evidence (statements of witnesses before the Court) and documentary evidence (documents, including electronic records, produced for inspection of the Court).
A is accused of a crime. The fact that, after the commission of the crime, A absconded and concealed himself is relevant under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) as
aan admission under Section 15
ban irrelevant fact having no probative value
cconduct subsequent to a fact in issue under Section 6
da confession under Section 22
Answer: C
Section 6 of the BSA makes the conduct of any party (previous or subsequent) relevant when it influences or is influenced by any fact in issue or relevant fact; absconding after the offence is a recognised illustration of relevant subsequent conduct.
While in police custody, the accused states 'I have buried the knife in my courtyard' and the knife is thereafter recovered from that spot. Under the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), what may be proved?
aNothing, because a confession to police is wholly barred
bSo much of the information as relates distinctly to the fact thereby discovered
cOnly the fact that the accused was in custody
dThe whole confessional statement, as it led to recovery
Answer: B
The proviso to Section 23(2) of the BSA (successor to old Section 27 IEA) is an exception to the bar on custodial confessions in Section 23(2): where a fact is discovered in consequence of information from an accused in police custody, only so much of that information, whether or not it amounts to a confession, as relates distinctly to the fact discovered may be proved.
A person, while dying of injuries, makes a statement as to the cause of his death. Under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), such a statement is relevant
aonly if the person was under expectation of death when he made it
bwhether or not the person was under expectation of death at the time he made it
conly in a trial for the murder of that person and in no other proceeding
donly if it was recorded by a Magistrate
Answer: B
Under Section 26(a) of the BSA, a statement as to the cause of death or the circumstances of the transaction resulting in death is relevant whatever the nature of the proceeding, and it is immaterial whether the declarant was under expectation of death.
Where the Court has to form an opinion as to the identity of finger impressions, the opinion of persons specially skilled in such matters is made a relevant fact by
aSection 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: A
Section 39 of the BSA makes the opinions of experts relevant on points of foreign law, science or art, and as to identity of handwriting or finger impressions.
Under Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), oral evidence must in all cases be direct. This means that evidence of a fact which could be seen must be the evidence of a witness who
aheard about the fact from another person
bsays he saw that fact
cread about the fact in a document
dholds an opinion about the fact
Answer: B
Section 55 of the BSA requires oral evidence to be direct: a fact which could be seen must be proved by a witness who says he saw it, thereby excluding hearsay.
A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. Under Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the burden of proving that B committed the crime lies on
aA
bthe Court
cthe prosecution and B equally
dB
Answer: A
Section 104 of the BSA provides that whoever desires a Court to give judgment as to a legal right or liability dependent on facts he asserts must prove those facts; the burden therefore lies on A who asserts the commission of the crime.
An accused charged with murder pleads that he was of unsound mind at the time of the act so as to fall within the General Exceptions of the Bharatiya Nyaya Sanhita, 2023. Under Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA),
athe burden of proving the existence of circumstances bringing the case within the exception is on the accused, and the Court shall presume the absence of such circumstances
bno burden of proof arises until the prosecution closes its case
cthe prosecution must prove that the accused was of sound mind
dthe Court shall presume the existence of the exception in favour of the accused
Answer: A
Section 108 of the BSA places the burden of proving circumstances bringing the case within a General Exception of the Bharatiya Nyaya Sanhita, 2023 upon the accused, and directs the Court to presume the absence of such circumstances.
Under Illustration (g) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), where evidence which could be and is not produced is withheld, the Court may presume that, if produced, such evidence would
abe favourable to the person who withholds it
bbe inadmissible in evidence
chave no bearing on the case
dbe unfavourable to the person who withholds it
Answer: D
Illustration (g) to Section 119 of the BSA permits the Court to presume that evidence which could be produced but is withheld would, if produced, be unfavourable to the person who withholds it.
Which of the following persons is, by reason of Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), incompetent to testify?
aA person prevented by disease of mind from understanding the questions and giving rational answers thereto
bAn accomplice in the offence
cA child of tender years who can understand the questions put and give rational answers
dAn aged person who is able to comprehend and answer questions rationally
Answer: A
Section 124 of the BSA makes all persons competent to testify unless prevented from understanding the questions or giving rational answers by tender years, extreme old age, disease of body or mind, or like cause; a person of unsound mind so prevented is incompetent.
Under Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a conviction based merely upon the uncorroborated testimony of an accomplice is
aillegal and liable to be set aside in every case
bnot illegal merely because it proceeds upon such uncorroborated testimony, the accomplice being a competent witness
cpermissible only in cases of theft
dvalid only if confirmed by the High Court
Answer: B
Section 138 of the BSA declares an accomplice a competent witness against an accused person. As enacted, Section 138 provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice; even so, an accomplice being a competent witness, a conviction is not illegal merely because it rests on accomplice testimony, and Illustration (b) to Section 119 BSA counsels that the court may presume an accomplice unworthy of credit unless corroborated in material particulars.
The examination of a witness, subsequent to his cross-examination, by the party who called him is termed under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) as
across-examination
bre-examination
cexamination-in-chief
dleading examination
Answer: B
Section 142 BSA defines re-examination as the examination of a witness, subsequent to cross-examination, by the party who called him.
A sentence that expresses a request, command or order is an imperative sentence. 'Please open the window' is a polite request, hence imperative.
Q82General English
Choose the word correctly spelt and meaning a journey, especially a long one:
aSojourne
bSojourn
cSejourn
dSojurn
Answer: B
The correct spelling is 'sojourn', meaning a temporary stay at a place. The other forms are misspellings.
Q83General English
Fill in the blank with the correct form of the verb: Neither the judge nor the lawyers ____ present when the verdict was read.
ahas been
bis
cwas
dwere
Answer: D
With 'neither...nor', the verb agrees with the nearer subject. Here the nearer subject 'lawyers' is plural, so the plural verb 'were' is correct.
Q84General English
The idiom 'to read between the lines' means
ato read aloud
bto read very fast
cto understand the hidden meaning
dto skip a few lines
Answer: C
'To read between the lines' means to perceive or understand a meaning that is implied but not openly stated.
Q85General English
Choose the word most similar in meaning to 'Candid':
aFrank
bCautious
cReserved
dDeceitful
Answer: A
'Candid' means open, honest and straightforward. Its closest synonym among the options is 'frank'.
Q86General English
Change into reported speech: He said to me, 'I will help you tomorrow.'
aHe told me that he will help me the next day.
bHe said me that he would help you tomorrow.
cHe told me that he would help me the next day.
dHe told me that he would help me tomorrow.
Answer: C
In indirect speech the reporting verb in the past changes 'will' to 'would', 'you' to 'me', and 'tomorrow' to 'the next day'. Only option (b) makes all these changes correctly.
Q87General English
Identify the part of speech of the underlined word: She acted very WISELY in the matter.
aNoun
bAdverb
cAdjective
dVerb
Answer: B
'Wisely' modifies the verb 'acted', telling us how she acted. A word that modifies a verb is an adverb.
Q88General English
Choose the option that correctly fills the blank: He is the man ____ I was speaking.
aof which
bwhom
cof whom
dwhose
Answer: C
The verb 'speak' takes the preposition 'of' when referring to a person ('speak of'), and the relative pronoun for a person as the object of a preposition is 'whom'. Hence 'of whom' is correct.
Q89General English
'Misogamy' stands for
ahatred of marriage
bhatred of mankind
chatred of women
dlove of solitude
Answer: A
'Misogamy' means a hatred or aversion to marriage; hatred of mankind is 'misanthropy' and hatred of women is 'misogyny'.
Under Article 124 of the Constitution of India, a Judge of the Supreme Court holds office until he attains the age of
a62 years
b60 years
c65 years
d70 years
Answer: C
Article 124(2) provides that a Judge of the Supreme Court holds office until the age of 65 years, whereas a High Court Judge retires at 62 years under Article 217.
In the Indian Parliament, a 'Money Bill' can be introduced only in the
aLok Sabha
bEither House
cJoint sitting of both Houses
dRajya Sabha
Answer: A
Under Article 109 read with Article 110, a Money Bill can be introduced only in the Lok Sabha; the Rajya Sabha may only make recommendations within 14 days.
The ohm is the SI unit of electrical resistance, named after Georg Simon Ohm; the ampere measures current, the volt potential difference and the watt power.
The tribal leader whose birth anniversary, 15th November, is celebrated as 'Janjatiya Gaurav Divas' and also coincides with Jharkhand's Foundation Day is
aBirsa Munda
bSidhu Murmu
cNilambar Pitambar
dTilka Manjhi
Answer: A
15th November marks the birth anniversary of freedom fighter Birsa Munda, observed nationally as Janjatiya Gaurav Divas and as the Foundation Day of Jharkhand.
The Jharkhand Foundation Day, observed on 15th November, coincides with the birth anniversary of which tribal icon?
aSidho Kanho
bBirsa Munda
cNilambar Pitambar
dTilka Manjhi
Answer: B
Jharkhand was formed on 15 November 2000, the birth anniversary of Bhagwan Birsa Munda (born 1875), the tribal freedom fighter; the date is also observed nationally as Janjatiya Gaurav Divas.
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